363B.105 - Disbursement of certain proceeds to regional organization for economic development; restrictions on expenditure; quarterly reports; audits. [Effective through June 30, 2011.] - Nevada Statutes

363B.105  Disbursement of certain proceeds to regional organization for economic development; restrictions on expenditure; quarterly reports; audits. [Effective through June 30, 2011.]

      1.  Except as otherwise provided in this section, the Department shall, on a quarterly basis, disburse to an eligible organization 50 percent of the amount of tax paid by an employer pursuant to NRS 363B.110, after the deduction of any abatements and exemptions to which that employer is entitled, which is attributable to any employment that results from the location, with the direct assistance of that eligible organization, of the business of that employer in this State. The provisions of this subsection apply only to the applicable amount of tax paid by the employer for each calendar quarter that:

      (a) Commences not less than 30 days after the eligible organization files with the Department an affidavit, executed by an officer of the employer and an officer of the eligible organization, stating that the eligible organization directly recruited the employer to locate its business in this State or otherwise directly assisted the employer to locate its business in this State; and

      (b) Ends not later than the last day of the 10th fiscal year after the commencement of the pertinent location by the employer of its business in this State.

      2.  The total amount disbursed during each fiscal year pursuant to this section to:

      (a) Each eligible organization located in a county whose population is 100,000 or more, together with any other amounts allocated or appropriated by the Legislature to the eligible organization for that fiscal year, must not exceed the sum of $1,000,000; and

      (b) All other eligible organizations must not exceed the cumulative sum of $1,000,000, without regard to any other amounts allocated or appropriated by the Legislature to those eligible organizations for that fiscal year.

      3.  Any money disbursed to an eligible organization pursuant to this section:

      (a) Must be expended by the eligible organization to promote the advantages of locating or expanding businesses in this State, to recruit and attract businesses from outside this State, to retain and expand businesses in this State, and to engage in research and analysis in support of economic development in this State; and

      (b) Must not be expended for any administrative expenses of the eligible organization.

      4.  The Department:

      (a) May:

             (1) Require an eligible organization to submit such documentation as the Department determines to be necessary for the administration of this section.

             (2) Refuse to make any further disbursements of money pursuant to this section to an eligible organization that:

                   (I) Fails or refuses to submit any documentation as required by the Department pursuant to subparagraph (1); or

                   (II) Expends any money received pursuant to this section in a manner that does not comply with the requirements of subsection 3.

      (b) Shall, on or before the last day of the month immediately following each calendar quarter, submit to the Interim Finance Committee a report which:

             (1) States the total amount of money disbursed pursuant to this section for each of the immediately preceding 4 calendar quarters; and

             (2) Identifies each eligible organization to which any money was disbursed pursuant to this section for any of the immediately preceding 4 calendar quarters and states the total amount of money disbursed to each of those eligible organizations for each of those calendar quarters.

      5.  Each eligible organization that receives any disbursement of money pursuant to this section for a calendar quarter shall, within 30 days after receiving that disbursement, submit to the Interim Finance Committee a report which:

      (a) Identifies each of the employers regarding whom the disbursement was received, identifies the type of business or industry conducted by the employer, and states the number of persons employed by the employer in this State during that calendar quarter and the average weekly wages paid to those persons during that calendar quarter; and

      (b) Summarizes the manner in which the eligible organization has expended or intends to expend the amount of that disbursement.

      6.  Any disbursement of money to an eligible organization pursuant to this section shall be deemed to constitute an appropriation of public money for the purposes of NRS 218G.450.

      7.  For the purposes of this section:

      (a) “Eligible organization” means a regional organization for economic development which is recognized by the Commission on Economic Development and which:

             (1) Operates on a nonprofit basis;

             (2) Receives funding from dues paid by the members of the organization; and

             (3) Does not constitute a government, governmental agency or political subdivision of a government.

      (b) “Employer” does not include any employer who is required to hold a license issued by the Nevada Gaming Commission pursuant to title 41 of NRS.

      (Added to NRS by 2009, 2516)