Revises provisions relating to education. (BDR 34-611)

EXEMPT
(Reprinted with amendments adopted on May 30, 2025)
SECOND REPRINT S.B. 403

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SENATE BILL NO. 403–SENATORS DONDERO LOOP; CANNIZZARO,
CRUZ-CRAWFORD, DOÑATE, NGUYEN, OHRENSCHALL,
PAZINA, SCHEIBLE AND TAYLOR

MARCH 17, 2025
____________

Referred to Committee on Education

SUMMARY—Revises provisions relating to education.
(BDR 34-611)

FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to education; creating the Subcommittee on
Metrics of the Commission on Innovation and Excellence
in Education; revising provisions governing competency -
based learning; authorizing an alternative sched ule for
public schools; authorizing local educational agencies to
develop, maintain and publish certain materials related to
career exploration; requiring the Board of Economic
Development to make certain recommendations relating
to opportunities for pupil s for career exploration in
schools; authorizing the Office of Economic Development
to require applicants for certain transferable tax credits
and certain tax abatements to agree to a plan to provide
work-based learning opportunities to pupils or instructors
for career and technical education courses; making
appropriations; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law creates the Commission on Innovation and Excellence in 1
Education and requires the Commi ssion to develop a statewide vision and 2
implementation plan to improve the public education system in this State. (NRS 3
385.910, 385.920) Section 1 of this bill creates the Subcommittee on Metrics of the 4
Commission and requires the Subcommittee to develop , in collaboration with the 5
Department of Education, metrics for local educational agencies and schools to 6
measure the progress and success of pupils, schools and school districts. Section 2 7
of this bill makes a conforming change to apply the definition of t he term 8

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“Commission,” which is applicable to provisions governing the Commission on 9
Innovation and Excellence in Education, to the provisions of section 1. Section 2.5 10
of this bill revises the membership of the Commission by adding: (1) the deans of 11
the Co llege of Education and Human Development at the University of Nevada, 12
Reno, and the College of Education at the University of Nevada, Las Vegas; and 13
(2) the dean of the School of Education at Nevada State University. Section 24 of 14
this bill makes an approp riation of $68,910 for Fiscal Year 2025-2026 and $68,910 15
for Fiscal Year 2026 -2027 for a staff position to oversee the implementation of 16
recommendations made by the Commission. Section 26 of this bill makes an 17
appropriation of $25,000 for the Fiscal Year 2 025-2026 and $25,000 for the Fiscal 18
Year 2026 -2027 for the travel expenses of the members of the Commission and 19
Subcommittee. 20
Existing law requires the Department to establish a pilot program to provide 21
competency-based education. (NRS 389.210) Existing l aw defines “competency -22
based education” as a system of instruction by which a pupil advances to a higher 23
level of learning when the pupil demonstrates mastery of a concept or skill, 24
regardless of the time, place or pace at which the pupil progresses. (NRS 389.200) 25
Section 6 of this bill changes the term “competency -based education” to 26
“personalized, competency-based learning,” and revises the definition for that term. 27
Section 4 .3 of this bill authorizes the board of trustees of a school district, the 28
governing body of a charter school or university school for profoundly gifted 29
pupils, a committee to form a charter school or a charter management organization 30
to apply to the Department to provide a program of personalized, competency -31
based learning and prescri bes requirements for the application process. Section 4.4 32
of this bill requires the board of trustees of a school district or the governing body 33
of a charter school or university school for profoundly gifted pupils to ensure that 34
the program is run in a ma nner that complies with any applicable statutes, 35
regulations or rules or policies of the school district, charter school or university 36
school. Section 4.5 of this bill authorizes a program of personalized, competency -37
based learning to be provided on an alternative schedule. Section 4 .6 of this bill 38
requires the State Board of Education to adopt regulations to carry out the 39
provisions of sections 4.3, 4.4 and 4.5. 40
Section 4.2 of this bill requires the Department, not later than July 1, 2040, and 41
at least once every 5 years thereafter, to review and, as necessary, revise its Portrait 42
of a Nevada Learner to align with the educational needs of this State. 43
Existing law requires the boards of trustees of school districts to schedule and 44
provide a minimum of 180 days of free school in the districts under their charge. 45
(NRS 388.090) Existing law authorizes the Superintendent of Public Instruction to 46
authorize a sch ool district to provide a program of instruction based on an 47
alternative schedule, including a schedule which involves the reduction of not more 48
than 15 school days to provide a 12-month school program. (NRS 388.090) Section 49
3 of this bill eliminates provisions authorizing the reduction of up to 15 school days 50
to provide for a 12 -month school program and instead generally authorizes an 51
alternative schedule for a school to involve a reduction in the number of school 52
days. 53
Existing law requires the State Boa rd of Education to establish a course of 54
study in occupational guidance and counseling and requires such instruction to be 55
made available for pupils in grades 7-12. Existing law requires the board of trustees 56
in each school district to organize and offer t he curriculum within the limits of 57
money made available for that purpose. (NRS 389.041) Section 5 of this bill 58
authorizes a local educational agency to develop, maintain and publish on its 59
Internet website recommendations for educational materials and info rmation 60
regarding career exploration suitable for pupils in grades 1-5. 61
Existing law creates the Board of Economic Development, which, among other 62
duties, is required to make recommendations to the Executive Director of the Office 63

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of Economic Development relating to the criteria to be used by the Office in 64
providing development resources and making allocations, grants and loans. 65
(NRS 231.033, 231.037) Existing law additionally requires the Board to review and 66
evaluate all programs of economic development in this State and make 67
recommendations to the Legislature for legislation. (NRS 231.037) Section 9 of 68
this bill further requires such recommendations to include recommendations to 69
provide incentives for businesses, including small businesses, to provide 70
opportunities for career exploration to pupils enrolled in public high schools in this 71
State. Section 9 additionally requires the Board to review and make 72
recommendations to the Department regarding technologies to facilitate the 73
exploration by pupils of careers in industries in this State. 74
Existing law authorizes the Office to approve transferable tax cre dits and 75
abatements or partial abatements of certain property taxes, business taxes and sales 76
and use taxes for certain businesses in certain circumstances. The Office is 77
prohibited from approving an application for such credits or abatements unless the 78
applicant satisfies certain criteria. (NRS 231.1555, 274.310, 274.320, 274.330, 79
360.750, 360.753, 360.754, 360.759, 360.889, 360.945) Sections 10-23 of this bill 80
authorize the Office to require an applicant for transferable tax credits or a tax 81
abatement to enter into an agreement with the Office that includes a plan by the 82
applicant to provide work-based learning opportunities to pupils enrolled in public 83
high schools in this State. Section 8.5 of this bill requires the Department to adopt a 84
definition of “w ork-based learning opportunity” for the purpose of such 85
agreements. 86
Section 25 of this bill appropriates $2,250,000 to the Department to enter into a 87
contract with a qualified entity to provide professional development regarding 88
personalized, competency-based learning programs and assist the Commission on 89
Innovation and Excellence in Education in developing recommendations and the 90
Department in implementing such recommendations. Section 25.5 of this bill 91
appropriates to the Department an additional $222,76 3 for Fiscal Year 2025 -2026 92
and $279,956 for Fiscal Year 2026 -2027 for personnel and operating costs to carry 93
out the provisions of this bill. 94

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 385 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. There is hereby created the Subcommittee on Metrics of 3
the Commission on Innovation and Excellence in Education, 4
consisting of members appointed by the Chair of the Commission. 5
The Subcommitt ee shall , in collaboration with the Department, 6
develop metrics that local educational agen cies and schools may 7
use to measure the progress and success of pupils, schools and 8
school districts, including, without limitation: 9
(a) Metrics for learning outcom es which are based on growth, 10
including, without limitation, the development of skills, 11
competencies and dispositions. 12
(b) Metrics of holistic factors, including, without limitation, 13
the well-being of pupils, social capital and civic engagement. 14
2. Each member of the Subcommittee: 15

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(a) Serves without compensation; and 1
(b) While engaged in the business of the Subcommittee, is 2
entitled to receive the travel expenses provided for state officers 3
and employees generally. 4
Sec. 2. NRS 385.900 is hereby amended to read as follows: 5
385.900 As used in this section and NRS 385.910 and 385.920, 6
and section 1 of this act, unless the context otherwise requires, 7
“Commission” means the Commission on Innovation and 8
Excellence in Education created by NRS 385.910. 9
Sec. 2.5. NRS 385.910 is hereby amended to read as follows: 10
385.910 1. The Commission on Innovation and Excellence in 11
Education is hereby created. The Commission consists of: 12
(a) Three members who are Senators, two of whom are 13
appointed by the Majority Leader of the Senate and one of whom is 14
appointed by the Minority Leader of the Senate; 15
(b) Three members who are members of the Assembly, two of 16
whom are appointed by the Speaker of the Assembly and one of 17
whom is appointed by the Minority Leader of the Assembly; 18
(c) The Superintendent of Public Instruction; 19
(d) The Director of the Office of Finance; 20
(e) The Chancellor of the Nevada System of Higher Education; 21
(f) One member who is a representative of the State Board of 22
Education, appointed by the President of the State Board; 23
(g) One member who is a teacher and member of the Ne vada 24
State Education Association, appointed by the President of that 25
Association; 26
(h) One member who is a teacher and member of the Clark 27
County Education Association, appointed by the President of that 28
Association; 29
(i) One member appointed by the Nevada Association of School 30
Administrators; 31
(j) One member who is a member of the board of trustees of a 32
school district, appointed by the Nevada Association of School 33
Boards; 34
(k) One member who is a superintendent of schools of a school 35
district, appointed b y the Nevada Association of School 36
Superintendents; 37
(l) One member who is the chief financial officer of a school 38
district, appointed by the Association of School Business Officials 39
International; 40
(m) One member appointed by the Nevada Association of 41
Counties; 42
(n) One member appointed by the Nevada League of Cities; 43

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(o) One member who is the representative of an organization 1
that advocates for public education, appointed by the Superintendent 2
of Public Instruction; 3
(p) One member who is the parent or guardian of a pupil who is 4
enrolled in a public school in this State, appointed by the Nevada 5
Parent Teacher Association; 6
(q) One member who is a representative of the public at large, 7
appointed by the Governor; 8
(r) Two members who own or manage a business located in this 9
State, appointed by the Governor; [and] 10
(s) One member who serves on the Commission on School 11
Funding created by NRS 387.1246 [.] ; 12
(t) The dean of the College of Education and Human 13
Development at the University of Nevada, Reno, or his or her 14
designee; 15
(u) The dean of the College of Education at the University of 16
Nevada, Las Vegas, or his or her designee; and 17
(v) The dean of the School of Education at Nevada State 18
University, or his or her designee. 19
2. In appointing the members of the Commission described in 20
paragraphs (g) and (h) of subsection 1, the appointing authorities 21
shall coordinate the appointments so that: 22
(a) One member is a teacher in an elementary school and one 23
member is a teacher in a secondary school, respectively; and 24
(b) One member is a teacher in a public school in an urban 25
setting and one member is a teacher in a public school in a rural 26
setting, respectively. 27
 The appointing authorities shall, in appointing a member at the 28
beginning of each term, alternate the characteristics described in 29
paragraphs (a) and (b) so that each member appointed to the 30
Commission does not possess the same characteristic in consecutive 31
terms. 32
3. If any organization listed in subsection 1 ceases to exist, the 33
appointment required pursuant to that subsection must be made by 34
the organization’s successor in interest or, if there is no successor in 35
interest, by the Governor. 36
4. In appointing the members of the Commission described in 37
subsection 1, the appointing authorities shall coordinate the 38
appointments when practicable so that the members of the 39
Commission represent the diversity of this State, including, without 40
limitation, regional, ethnic, economic and gender diversity. 41
5. Each member of the Commission: 42
(a) Serves without compensation; and 43

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(b) While engaged in the business of the Commission, is entitled 1
to receive the travel expenses provided for state officers and 2
employees generally. 3
6. Each appointed member of the Commission serves a term of 4
2 years and may be reappointed for additional terms of 2 years in the 5
same manner as the original appointment. Any vacancy occurring in 6
the membership of the Commission must be filled in the same 7
manner as the original appointment not later than 3 0 days after the 8
vacancy occurs. 9
7. The Superintendent of Public Instruction shall call the first 10
meeting of the Commission. At its first meeting and annually 11
thereafter, the members of the Commission shall elect a Chair and a 12
Vice Chair from among the members of the Commission. 13
8. The Commission shall meet at least once each calendar 14
quarter and as needed at the call of the Chair. 15
9. The Commission may appoint subcommittees to address 16
designated projects or consider specific problems or other matter s 17
that are related to and within the scope of the functions of the 18
Commission, as the Commission determines necessary to carry out 19
the duties of the Commission. 20
10. The Department shall provide any administrative support 21
necessary for the Commission to carry out its duties. 22
Sec. 3. NRS 388.090 is hereby amended to read as follows: 23
388.090 1. Except as otherwise provided in this section and 24
NRS 388D.330, boards of trustees of school districts shall schedule 25
and provide a minimum of 180 days of free school in the districts 26
under their charge. 27
2. [Except for an alternative schedule described in subsection 28
3, the ] The Superintendent of Public Instruction may, upon 29
application by the board of trustees of a school district, authorize the 30
school district to provide a program of instruction based on an 31
alternative schedule , which may include, without limitation, a 32
reduction in the number of school days, if the number of minutes 33
of instruction to be provided is equal to or grea ter than the number 34
of minutes of instruction that would be provided in a program of 35
instruction consisting of 180 school days. The Superintendent of 36
Public Instruction shall notify the board of trustees of the school 37
district of the approval or denial of the application not later than 30 38
days after the Superintendent of Public Instruction receives the 39
application. An alternative schedule proposed pursuant to this 40
subsection must be developed in accordance with chapter 288 of 41
NRS. 42
3. [The Superintendent of Public Instruction may, upon 43
application by the board of trustees of a school district, authorize a 44
reduction of not more than 15 school days in that particular district 45

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to establish or maintain an alternative schedule consisting of a 12 -1
month school program if the board of trustees demonstrates that the 2
proposed alternative schedule for the program provides for a number 3
of minutes of instruction that is equal to or greater than that which 4
would be provided under a program consisting of 180 school days. 5
4.] The Superintendent of Public Instruction may, upon 6
application by a board of trustees, authorize the addition of minutes 7
of instruction to any scheduled day of free school if days of free 8
school are lost because of any interscholastic activity. Not more than 9
5 days of free school so lost may be rescheduled in this manner. The 10
provisions of this subsection do not apply to an alternative schedule 11
approved pursuant to subsection 2. 12
[5.] 4. The number of minutes of instruction required for a 13
particular group of pupils in a program of instruction based on an 14
alternative schedule approved pursuant to this section and NRS 15
388.095 and 388.097 must be determined by multiplying the 16
appropriate minimum daily period of instruction established by the 17
State Board by regulation for that particular group of pupils by 180. 18
Sec. 4. (Deleted by amendment.) 19
Sec. 4.1. Chapter 389 of NRS is hereby amended by adding 20
thereto the provisions set forth as sections 4.2 to 4.6, inclusive, of 21
this act. 22
Sec. 4.2. 1. Not later than July 1, 2040, and at least once 23
every 5 years thereafter, the De partment shall review and, as 24
necessary, revise the Portrait of a Nevada Learner to align with 25
the educational needs of this State. 26
2. As used in this section, “Portrait of a Nevada Learner” 27
means the document with that title which was developed by the 28
Department of Education through public engagement and 29
originally published in June 2023. 30
Sec. 4.3. 1. The board of trustees of a school district or the 31
governing body of a charter school or university school for 32
profoundly gifted pupils may submit an application to the 33
Department to provide a program of personalized, competency -34
based learning. In addition, a committee to form a charter school 35
or charter management organization may submit an application to 36
the Department to provide a program of personalized, competency-37
based learning if the application to form the charter school 38
submitted by the committee or the organization pursuant to NRS 39
388A.246 indicates that the charter school intends to provide a 40
program of personalized, competency-based learning. 41
2. An application to provide a program of personalized, 42
competency-based learning must include: 43
(a) Proof satisfactory to the Department that the program 44
satisfies all applicable statutes and regulations; 45

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(b) A descriptio n of how the program will ensure access to 1
technology for pupils and teachers or other school employees and 2
communicate with pupils, their families and staff regarding the 3
program of personalized, competency-based learning; and 4
(c) Such other information as the State Board may require by 5
regulation. 6
3. Except as otherwise provided in this subsection, t he 7
Department shall approve an application submitted pursuant to 8
this section if the application satisfies the requirements of 9
NRS 389.200 and section s 4.3 to 4.6, inclusive, of this act and all 10
other applicable statutes and regulations. The Department shall 11
deny an application to provide a program of personalized, 12
competency-based learning submitted by a committee to form a 13
charter school or a charter mana gement organization if the 14
Department denie s the application to form a charter school 15
submitted by the committee or organization. The Department shall 16
provide written notice to the applicant of the Department’s 17
approval or denial of the application. 18
4. If the Department denies an application submitted 19
pursuant to this section , the Department shall include in the 20
written notice provided pursuant to subsection 3 the reasons for 21
the denial and the deficiencies of the application. The applicant 22
must be grante d 30 days after receipt of the written notice to 23
correct any deficiencies identified in the written notice and 24
resubmit the application. The Department shall approve an 25
application that has been resubmitted pursuant to this subsection 26
if the application sa tisfies the requirements of NRS 389.200 and 27
sections 4.3 to 4.6, inclusive, of this act and all other applicable 28
statutes and regulations. 29
5. The board of trustees of each school district and the 30
governing body of a charter school or university school fo r 31
profoundly gifted pupils that provides a program of personalized, 32
competency-based learning shall: 33
(a) Develop a plan for conducting the program of 34
personalized, competency-based learning. 35
(b) At least 45 days before the first day of each school year, 36
present the plan for conducting the program of personalized, 37
competency-based learning to the public at a public meeting or, if 38
the plan was developed by the governing body of a charter school 39
or university school for profoundly gifted pupils, to the spons or of 40
the school. 41
(c) Make a copy of the plan for conducting the program of 42
personalized, competency -based learning available to the school 43
community, including, without limitation, parents and employees 44

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of the school district, charter school or universit y school for 1
profoundly gifted pupils, as applicable. 2
Sec. 4.4. The board of trustees of a school district or the 3
governing body of a charter school or university school for 4
profoundly gifted pupils that provides a progra m of personalized, 5
competency-based learning shall ensure that the persons who 6
operate the program on a day -to-day basis comply with and carry 7
out all applicable requirements, statutes, regulations and rules and 8
policies of the school district, charter sch ool or university school 9
for profoundly gifted pupils, as applicable, including, without 10
limitation: 11
1. Requirements for graduation; 12
2. The accountability of public schools pursuant to chapter 13
385A of NRS; 14
3. Provisions governing the attendance and truancy of pupils, 15
including, without limitation, NRS 392.040 to 392.220, inclusive; 16
4. The discipline of pupils; and 17
5. Requirements for assessing the achievement of pupils, 18
including, without limitation, the administration of the 19
examinations required by NRS 390.105 and, if applicable for the 20
grade levels of the pupils enrolled, the college and career 21
readiness assessment administered pursuant to NRS 390.610. 22
Sec. 4.5. 1. A program of personalized, c ompetency-based 23
learning may be provided on an alternative schedule, including, 24
without limitation: 25
(a) Shorter or longer school days than are regularly provided 26
for in the school district, charter school or university school for 27
profoundly gifted pupils. 28
(b) Attendance by pupils during any part of the calendar year. 29
2. If a program of personalized, competency-based learning is 30
provided for pupils on a full -time basis, the program must include 31
at least as many hours or minutes of instruction as would be 32
provided under a program consisting of 180 days or an alternative 33
number of days which the State Board may prescribe by 34
regulation. 35
3. A pupil who is enrolled full -time in a program of 36
personalized, competency -based learning and who demonstrates 37
sufficient proficiency to meet the objectives of a course of 38
instruction may complete the course in a shorter period of time 39
than is normally allotted for the course. 40
Sec. 4.6. The State Board shall adopt regulations necessary 41
to carry out the provisions of NRS 389.200 and sections 4.3, 4.4 42
and 4.5 of this act. 43

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Sec. 5. NRS 389.041 is hereby amended to read as follows: 1
389.041 1. The State Board shall, by regulation, establish a 2
course of study in occupational guidance and counseling. 3
2. The board of trustees of each school district shall establish 4
the curriculum for the course of study in that district. The 5
curriculum must be organized and, with the assistance of teachers, 6
administrators, pup ils, parents and the business community, 7
coordinated by licensed school counselors who shall provide 8
instruction and activities designed to: 9
(a) Promote normal growth and development. 10
(b) Promote positive mental and physical health. 11
(c) Provide each pup il with knowledge and skills which permit 12
the pupil to control his or her own destiny. 13
(d) Assist each pupil to plan, monitor and manage the pupil’s 14
personal, educational and occupational development. 15
(e) Meet the immediate needs and concerns of each pup il, 16
whether the pupil’s needs or concerns require counseling, 17
consultation, referral or information. 18
(f) Provide counselors, teachers and support staff with the 19
knowledge and skills required to maintain and improve the course. 20
(g) Provide such other rela ted assistance and instruction as is 21
deemed necessary. 22
3. The instruction required by this section must be made 23
available for each pupil in grades 7 to 12, inclusive. 24
4. The board of trustees in each school district shall organize 25
and offer the curricu lum within the limits of money made available 26
to the district by the Legislature for that purpose. 27
5. A local educational agency, as defined in 20 U.S.C. § 28
7801(30)(A), may develop, maintain and publish on an Internet 29
website maintained by the local edu cational agency 30
recommendations for educational materials and information 31
regarding career exploration suitable for pupils in grades 1 to 5, 32
inclusive. 33
Sec. 5.5. NRS 389.171 is hereby amended to read as follows: 34
389.171 1. A pupil may be granted credit for a specific 35
course of study without having attended the regularly scheduled 36
classes in the course if the pupil demonstrates his or her proficiency 37
to meet the: 38
(a) Objectives of the course through the pupil’s performa nce on 39
an examination prescribed by the State Board; 40
(b) Objectives of a particular area or areas of the course in 41
which the pupil is deficient through the pupil’s performance on an 42
examination developed by the principal and the pupil’s teacher who 43
provides instruction in the course that is designed to measure the 44
proficiency of the pupil in that particular area or areas; or 45

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(c) Objectives of the course through the pupil’s performance on 1
an examination that the principal determines is as rigorous or more 2
rigorous than the examination prescribed by the State Board 3
pursuant to paragraph (a), including, without limitation, an advanced 4
placement examination in the subject area of the course . [; 5
(d) Objectives of the course through a portfolio of the pupil’s 6
work; 7
(e) Objectives of a particular area or areas of the course through 8
the pupil’s performance of a task that is designed to measure the 9
proficiency of the pupil in that particular area or areas; or 10
(f) Objectives of the course as measured against the criteria 11
prescribed by the State Board pursuant to paragraph (d) of 12
subsection 2.] 13
2. The State Board shall adopt regulations that prescribe the: 14
(a) Form on which a pupil may apply to the board of trustees of 15
a school district in which the pupil attend s school or the governing 16
body of the charter school in which the pupil is enrolled to be 17
granted credit pursuant to subsection 1; 18
(b) Courses of study for which pupils may be granted credit 19
pursuant to subsection 1; 20
(c) Minimum score on the examination prescribed pursuant to 21
paragraph (a) of subsection 1 that is required to demonstrate 22
proficiency in a course; and 23
(d) Criteria, other than the criteria described in paragraphs (a) 24
[to (e), inclusive,] , (b) and (c) of subsection 1, that may be used to 25
determine whether a pupil has achieved proficiency in a course. 26
Sec. 6. NRS 389.200 is hereby amended to read as follows: 27
389.200 As used in NRS 389.200 [, 389.210 and 389.230, 28
“competency-based education” ] and sections 4.3 to 4.6, inclusive, 29
of this act, “personalized, competency -based learning” means a 30
system of [instruction by] learning in which [a] : 31
1. A pupil advances [to a higher level of learning when the 32
pupil demonstrates] through courses based on evidence of mastery 33
[of a concept or skill, regardless of the time, place or pace at which 34
the pupil progresses.] or competence; 35
2. A pupil makes important decisions about his or her 36
learning experience on a daily basis, including, without limitation, 37
how the pupil will create and apply knowledge and demonstrate 38
mastery or competence in a concept or skill; 39
3. A pupil receives differentiated support based on his or her 40
individual learning progress, such that learning may be 41
accelerated or remediation may be provided; 42
4. A pupil learns actively using different pathways and varied 43
pacing; and 44

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5. Expectations for learning are rigorous, transparent, 1
measureable and transferable. 2
Sec. 7. (Deleted by amendment.) 3
Sec. 8. (Deleted by amendment.) 4
Sec. 8.5. Chapter 231 of NRS is hereby amended by adding 5
thereto a new section to read as follows: 6
The Department of Education shall adopt by regulation a 7
definition of “work -based learning opportunity” for the purposes 8
of any agreement between the Office and an applicant for an 9
abatement, a partial abatement or transferable tax credits that 10
incorporates a plan by the applicant to provide such opportunities 11
to pupils enrolled in public high schools in this State, including, 12
without limitation, an agreement entered into pursuant to NRS 13
231.1555, 274.310, 274.320, 274.330, 360.750, 360.753, 360.754, 14
360.759, 360.889 or 360.945. 15
Sec. 9. NRS 231.037 is hereby amended to read as follows: 16
231.037 The Board shall: 17
1. Review and evaluate all programs of economic development 18
in this State and make recommendations to the Legislature for 19
legislation to [improve] : 20
(a) Improve the effectiveness of those programs in 21
implementing the State Plan for Economic Development developed 22
by the Executive Director pursuant to subsection 2 of NRS 231.053. 23
(b) Provide incentives for businesses, including small 24
businesses, to provide opportunitie s for career exploration to 25
pupils enrolled in public high schools in this State. 26
2. Recommend to the Executive Director a State Plan for 27
Economic Development and make recommendations to the 28
Executive Director for carrying out the State Plan for Economic 29
Development, including, without limitation, recommendations 30
regarding the development and implementation of a recruiting and 31
marketing effort to attract professionals and businesses to this State. 32
3. Recommend to the Executive Director the criteria for the 33
designation of regional development authorities. 34
4. Make recommendations to the Executive Director for the 35
designation for the southern region of this State, the northern region 36
of this State and the rural region of this State, one or more regional 37
development authorities for each region. 38
5. Provide advice and recommendations to the Executive 39
Director concerning: 40
(a) The procedures to be followed by any entity seeking to 41
obtain any development resource, allocation, grant or loan from the 42
Office; 43
(b) The criteria to be used by the Office in providing 44
development resources and making allocations, grants and loans; 45

– 13 –

- *SB403_R2*
(c) The requirements for reports from the recipients of 1
development resources, allocations, grants and loans from the Office 2
concerning the use thereof; 3
(d) The development and implementation of programs to 4
provide customized workforce development services to existing and 5
prospective businesses in this State; and 6
(e) Any other activities of the Office. 7
6. Review each proposal by the Executive Director to enter into 8
a contract pursuant to NRS 231.057 for more than $100,000 or 9
allocate, grant or loan more than $100,000 to any entity and, as the 10
Board determines to be in the best interests of the State, approve or 11
disapprove the proposed al location, grant or loan. Notwithstanding 12
any other statutory provision to the contrary, the Executive Director 13
shall not enter into any contract pursuant to NRS 231.057 for more 14
than $100,000 or make any allocation, grant or loan of more than 15
$100,000 to a ny entity unless the allocation, grant or loan is 16
approved by the Board. 17
7. Review and make recommendations to the Department of 18
Education regarding technologies to facilitate the exploration by 19
pupils of careers in industries in this State. 20
Sec. 10. NRS 231.1555 is hereby amended to read as follows: 21
231.1555 1. A person who intends to locate or expand a 22
business in this State may apply to the Office for a certificate of 23
eligibility for transferable tax credits which may be applied to: 24
(a) Any tax imposed by chapter 363A or 363B of NRS; 25
(b) The gaming license fee imposed by the provisions of 26
NRS 463.370; 27
(c) Any tax imposed by chapter 680B of NRS; or 28
(d) Any combination of the fees and taxes described in 29
paragraphs (a), (b) and (c). 30
2. After considering any advice and recommendations of the 31
Board, the Executive Director shall establish: 32
(a) Procedures for applying to the Office for a certificate of 33
eligibility for transferable tax credits which must: 34
(1) Include, without limitation, a requirement that the 35
applicant set forth in the application: 36
(I) The proposed use of the transferable tax credits; 37
(II) The plans, projects and programs for which the 38
transferable tax credits will be used; 39
(III) The expec ted benefits of the issuance of the 40
transferable tax credits; and 41
(IV) A statement of the short -term and long-term impacts 42
of the issuance of the transferable tax credits; and 43
(2) Allow the applicant to revise the application upon the 44
recommendation of the Executive Director. 45

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- *SB403_R2*
(b) The criteria which a person to whom a certificate of 1
eligibility for transferable tax credits has been issued must satisfy to 2
be issued a certificate of transferable tax credits. Such criteria may 3
include, without limitation , a requirement for the applicant to 4
enter into an agreement with the Office that incorporates a plan 5
by the applicant to provide work-based learning opportunities to 6
pupils enrolled in public high schools in this State, which may 7
include, without limitation, a proposal to offer work -based 8
learning opportunities at the business of the applicant or to 9
provide for employees of the applicant to serve as full-time or part-10
time instructors for career and technical education courses. 11
3. After receipt of an application pursuant to this section, the 12
Executive Director shall review and evaluate the application and 13
determine whether the approval of the application would promote 14
the economic development of this State and aid the implementation 15
of the State Pl an for Economic Development developed by the 16
Executive Director pursuant to subsection 2 of NRS 231.053. 17
4. If the applicant is requesting transferable tax credits in an 18
amount of $100,000 or less, the Executive Director may approve the 19
application, subj ect to the provisions of subsection 6, if the 20
Executive Director determines that approving the application will 21
promote the economic development of this State and aid the 22
implementation of the State Plan for Economic Development. 23
5. If the applicant is r equesting transferable tax credits in an 24
amount greater than $100,000, the Executive Director shall submit 25
the application and the Executive Director’s review and evaluation 26
of the application pursuant to subsection 3 to the Board, and the 27
Board may approv e the application, subject to the provisions of 28
subsection 6, if the Board determines that approving the application 29
will promote the economic development of this State and aid the 30
implementation of the State Plan for Economic Development. 31
6. The Executive Director or the Board shall not approve any 32
application for transferable tax credits for: 33
(a) A period of more than 5 fiscal years; 34
(b) Fiscal Year 2015-2016; or 35
(c) Any fiscal year if the approval of the application would 36
cause the total amount of t ransferable tax credits issued pursuant to 37
this section to exceed: 38
(1) For Fiscal Year 2016-2017, $1,000,000. 39
(2) For Fiscal Year 2017-2018, $2,000,000. 40
(3) For Fiscal Year 2018-2019, $2,000,000. 41
(4) For Fiscal Year 2019-2020, $3,000,000. 42
(5) For a fiscal year beginning on or after July 1, 2020, 43
$5,000,000. 44

– 15 –

- *SB403_R2*
7. If the Executive Director or the Board approves an 1
application and issues a certificate of eligibility for transferable tax 2
credits, the Office shall immediately forward a copy of the 3
certificate of eligibility which identifies the estimated amount of the 4
tax credits available pursuant to this section to: 5
(a) The applicant; 6
(b) The Department of Taxation; and 7
(c) The Nevada Gaming Control Board. 8
8. Within 14 days after the Office determines that a person to 9
whom a certificate of eligibility for transferable tax credits has been 10
issued satisfies the criteria established by the Executive Director 11
pursuant to subsection 2, the Office shall notify the person that 12
transferable tax credi ts will be issued. Within 30 days after the 13
receipt of the notice, the person shall make an irrevocable 14
declaration of the amount of transferable tax credits that will be 15
applied to each fee or tax set forth in paragraphs (a), (b) and (c) of 16
subsection 1, thereby accounting for all of the credits which will be 17
issued. Upon receipt of the declaration, the Office shall issue to the 18
person a certificate of transferable tax credits in the amount 19
approved by the Executive Director or the Board, as applicable, fo r 20
the fees or taxes included in the declaration. The Office shall notify 21
the Department of Taxation and the Nevada Gaming Control Board 22
of all transferable tax credits issued, segregated by each fee or tax 23
set forth in paragraphs (a), (b) and (c) of subsec tion 1, and the 24
amount of any transferable tax credits transferred. 25
Sec. 11. NRS 274.310 is hereby amended to read as follows: 26
274.310 1. A person who intends to locate a business in this 27
State within: 28
(a) A historically underutilized business zone, as defined in 15 29
U.S.C. § 632; 30
(b) A redevelopment area created pursuant to chapter 279 of 31
NRS; 32
(c) An area eligible for a community development block grant 33
pursuant to 24 C.F.R. Part 570; or 34
(d) An enterprise community es tablished pursuant to 24 C.F.R. 35
Part 597, 36
 may submit a request to the governing body of the county, city or 37
town in which the business would operate for an endorsement of an 38
application by the person to the Office of Economic Development 39
for a partial abatement of one or more of the taxes imposed pursuant 40
to chapter 361 of NRS or the local sales and use taxes. The 41
governing body of the county, city or town shall provide notice of 42
the request to the board of trustees of the school district in which the 43
business would operate. The notice must set fo rth the date, time and 44
location of the hearing at which the governing body will consider 45

– 16 –

- *SB403_R2*
whether to endorse the application. As used in this subsection, 1
“local sales and use taxes” means the taxes imposed on the gross 2
receipts of any retailer from the sale of tangible personal property 3
sold at retail, or stored, used or otherwise consumed, in the political 4
subdivision in which the business is located, except the taxes 5
imposed by the Sales and Use Tax Act and the Local School 6
Support Tax Law. 7
2. The governing body of a county, city or town shall develop 8
procedures for: 9
(a) Evaluating whether such an abatement would be beneficial 10
for the economic development of the county, city or town. 11
(b) Issuing a certificate of endorsement for an application for 12
such a n abatement that is found to be beneficial for the economic 13
development of the county, city or town. 14
3. A person whose application has been endorsed by the 15
governing body of the county, city or town, as applicable, pursuant 16
to this section may submit the application to the Office of Economic 17
Development. The Office shall approve the application if the Office 18
makes the following determinations: 19
(a) The business is consistent with: 20
(1) The State Plan for Economic Development developed by 21
the Administrator pursuant to subsection 2 of NRS 231.053; and 22
(2) Any guidelines adopted by the Administrator to 23
implement the State Plan for Economic Development. 24
(b) Not later than 1 year after the date on which the application 25
was received by the Office, the applicant has executed an agreement 26
with the Office which states: 27
(1) The date on which the abatement becomes effective, as 28
agreed to by the applicant and the Office, which must not be earlier 29
than the date on which the Office received the application and not 30
later than 1 year after the date on which the Office approves the 31
application; and 32
(2) That the business will, after the date on which the 33
abatement becomes effective: 34
(I) Commence operation and continue in operation in the 35
historically underutilized business zone, as defined in 15 U.S.C. § 36
632, redevelopment area created pursuant to chapter 279 of NRS, 37
area eligible for a community development block grant pursuant to 38
24 C.F.R. Part 570 or enterprise community established pursuant to 39
24 C.F.R. Part 59 7 for a period specified by the Office, which must 40
be at least 5 years; and 41
(II) Continue to meet the eligibility requirements set forth 42
in this subsection. 43
 The agreement must bind successors in interest of the business 44
for the specified period. 45

– 17 –

- *SB403_R2*
(c) The business is registered pursuant to the laws of this State 1
or the applicant commits to obtain a valid business license and all 2
other permits required by the county, city or town in which the 3
business will operate. 4
(d) The applicant invested or commits to invest a minimum of 5
$500,000 in capital assets that will be retained at the location of the 6
business in the historically underutilized business zone, as defined 7
in 15 U.S.C. § 632, redevelopment area created pursuant to chapter 8
279 of NRS, area eligible for a community development block grant 9
pursuant to 24 C.F.R. Part 570 or enterprise community established 10
pursuant to 24 C.F.R. Part 597 until at least the date which is 5 years 11
after the date on which the abatement becomes effective. 12
4. The Office of Economic Development may require the 13
agreement described in paragraph (b) of subsection 3 to 14
incorporate a plan by the business to provide work-based learning 15
opportunities to pupils enrolled in public high schools in this 16
State, which may include, without limitation, a proposal to offer 17
work-based learning opportunities at the business or to provide for 18
employees of the business to serve as full -time or part -time 19
instructors for career and technical education courses. 20
5. If the Office of Economic Develop ment approves an 21
application for a partial abatement, the Office shall immediately 22
forward a certificate of eligibility for the abatement to: 23
(a) The Department of Taxation; 24
(b) The Nevada Tax Commission; and 25
(c) If the partial abatement is from the property tax imposed 26
pursuant to chapter 361 of NRS, the county treasurer of the county 27
in which the business will be located. 28
[5.] 6. If the Office of Economic Development approves an 29
application for a partial abatement pursuant to this section: 30
(a) The partial abatement must be for a duration of not less than 31
1 year but not more than 5 years. 32
(b) If the abatement is from the property tax imposed pursuant 33
to chapter 361 of NRS, the partial abatement must not exceed 75 34
percent of the taxes on personal property payable by a business each 35
year pursuant to that chapter. 36
[6.] 7. If an applicant for a partial abatement pursuant to this 37
section fails to execute the agreement described in paragraph (b) of 38
subsection 3 within 1 year after the date on which the application 39
was received by the Office, the applicant shall not be approved for a 40
partial abatement pursuant to this section unless the applicant 41
submits a new request pursuant to subsection 1. 42
[7.] 8. If a business whose partial abatement has been 43
approved pursuant to this section and is in effect ceases: 44

– 18 –

- *SB403_R2*
(a) To meet the eligibility requirements for the partial 1
abatement; or 2
(b) Operation before the time specified in the agreement 3
described in paragraph (b) of subsection 3, 4
 the business shall repay to the Department of Taxation or, if the 5
partial abatement was from the property tax imposed pursuant to 6
chapter 361 of NRS, to the county treasurer, the amount of the 7
partial abatement that was allowed pursuant to this section before 8
the failure of the bu siness to comply unless the Nevada Tax 9
Commission determines that the business has substantially complied 10
with the requirements of this section. Except as otherwise provided 11
in NRS 360.232 and 360.320, the business shall, in addition to the 12
amount of the p artial abatement required to be paid pursuant to this 13
subsection, pay interest on the amount due at the rate most recently 14
established pursuant to NRS 99.040 for each month, or portion 15
thereof, from the last day of the month following the period for 16
which the payment would have been made had the partial abatement 17
not been approved until the date of payment of the tax. 18
[8.] 9. The Office of Economic Development may adopt such 19
regulations as the Office determines to be necessary or advisable to 20
carry out the provisions of this section. 21
[9.] 10. An applicant for an abatement who is aggrieved by a 22
final decision of the Office of Economic Development may petition 23
for judicial review in the manner provided in chapter 233B of NRS. 24
Sec. 12. NRS 274.320 is hereby amended to read as follows: 25
274.320 1. A person who intends to expand a business in this 26
State within: 27
(a) A historically underutilized business zone, as defined in 15 28
U.S.C. § 632; 29
(b) A redevelopment area created pu rsuant to chapter 279 of 30
NRS; 31
(c) An area eligible for a community development block grant 32
pursuant to 24 C.F.R. Part 570; or 33
(d) An enterprise community established pursuant to 24 C.F.R. 34
Part 597, 35
 may submit a request to the governing body of the county, city or 36
town in which the business operates for an endorsement of an 37
application by the person to the Office of Economic Development 38
for a partial abatement of the local sales and use taxes imposed on 39
capital equipment. The governing body of the county , city or town 40
shall provide notice of the request to the board of trustees of the 41
school district in which the business operates. The notice must set 42
forth the date, time and location of the hearing at which the 43
governing body will consider whether to endorse the application. As 44
used in this subsection, “local sales and use taxes” means the taxes 45

– 19 –

- *SB403_R2*
imposed on the gross receipts of any retailer from the sale of 1
tangible personal property sold at retail, or stored, used or otherwise 2
consumed, in the political subdivision in which the business is 3
located, except the taxes imposed by the Sales and Use Tax Act and 4
the Local School Support Tax Law. 5
2. The governing body of a county, city or town shall develop 6
procedures for: 7
(a) Evaluating whether such an abatem ent would be beneficial 8
for the economic development of the county, city or town. 9
(b) Issuing a certificate of endorsement for an application for 10
such an abatement that is found to be beneficial for the economic 11
development of the county, city or town. 12
3. A person whose application has been endorsed by the 13
governing body of the county, city or town, as applicable, pursuant 14
to this section may submit the application to the Office of Economic 15
Development. The Office shall approve the application if the Off ice 16
makes the following determinations: 17
(a) The business is consistent with: 18
(1) The State Plan for Economic Development developed by 19
the Administrator pursuant to subsection 2 of NRS 231.053; and 20
(2) Any guidelines adopted by the Administrator to 21
implement the State Plan for Economic Development. 22
(b) Not later than 1 year after the date on which the application 23
was received by the Office, the applicant has executed an agreement 24
with the Office which states: 25
(1) The date on which the abatement becomes effective, as 26
agreed to by the applicant and the Office, which must not be earlier 27
than the date on which the Office received the application and not 28
later than 1 year after the date on which the Office approves the 29
application; and 30
(2) That the business will, after the date on which the 31
abatement becomes effective: 32
(I) Continue in operation in the historically underutilized 33
business zone, as defined in 15 U.S.C. § 632, redevelopment area 34
created pursuant to chapter 279 of NRS, area eligible fo r a 35
community development block grant pursuant to 24 C.F.R. Part 570 36
or enterprise community established pursuant to 24 C.F.R. Part 597 37
for a period specified by the Office, which must be at least 5 years; 38
and 39
(II) Continue to meet the eligibility requi rements set forth 40
in this subsection. 41
 The agreement must bind successors in interest of the business 42
for the specified period. 43
(c) The business is registered pursuant to the laws of this State 44
or the applicant commits to obtain a valid business license and all 45

– 20 –

- *SB403_R2*
other permits required by the county, city or town in which the 1
business operates. 2
(d) The applicant invested or commits to invest a minimum of 3
$250,000 in capital equipment that will be retained at the location of 4
the business in the historically underutilized business zone, as 5
defined in 15 U.S.C. § 632, redevelopment area created pursuant to 6
chapter 279 of NRS , area eligible for a community development 7
block grant pursuant to 24 C.F.R. Part 570 or enterprise community 8
established pursuant to 24 C.F.R. Part 597 until at least the date 9
which is 5 years after the date on which the abatement becomes 10
effective. 11
4. The Office of Economic Development may require the 12
agreement described in paragraph (b) of subsection 3 to 13
incorporate a plan by the busi ness to provide work-based learning 14
opportunities to pupils enrolled in public high schools in this 15
State, which may include, without limitation, a proposal to offer 16
work-based learning opportunities at the business or to provide for 17
employees of the busin ess to serve as full -time or part -time 18
instructors for career and technical education courses. 19
5. If the Office of Economic Development approves an 20
application for a partial abatement, the Office shall immediately 21
forward a certificate of eligibility for the abatement to: 22
(a) The Department of Taxation; and 23
(b) The Nevada Tax Commission. 24
[5.] 6. If the Office of Economic Development approves an 25
application for a partial abatement pursuant to this section: 26
(a) The partial abatement must be for a durat ion of not less than 27
1 year but not more than 5 years. 28
(b) If the abatement is from the property tax imposed pursuant 29
to chapter 361 of NRS, the partial abatement must not exceed 75 30
percent of the taxes on personal property payable by a business each 31
year pursuant to that chapter. 32
[6.] 7. If an applicant for a partial abatement pursuant to this 33
section fails to execute the agreement described in paragraph (b) of 34
subsection 3 within 1 year after the date on which the application 35
was received by the Office, the applicant shall not be approved for a 36
partial abatement pursuant to this section unless the applicant 37
submits a new request pursuant to subsection 1. 38
[7.] 8. If a business whose partial abatement has been 39
approved pursuant to this section and is in effect ceases: 40
(a) To meet the eligibility requirements for the partial 41
abatement; or 42
(b) Operation before the time specified in the agreement 43
described in paragraph (b) of subsection 3, 44

– 21 –

- *SB403_R2*
 the business shall repay to the Department of Taxation the 1
amount of the partial abatement that was allowed pursuant to this 2
section before the failure of the business to comply unless the 3
Nevada Tax Commission determines that the business has 4
substantially complied with the requirements of this section. Except 5
as othe rwise provided in NRS 360.232 and 360.320, the business 6
shall, in addition to the amount of the partial abatement required to 7
be paid pursuant to this subsection, pay interest on the amount due 8
at the rate most recently established pursuant to NRS 99.040 f or 9
each month, or portion thereof, from the last day of the month 10
following the period for which the payment would have been made 11
had the partial abatement not been approved until the date of 12
payment of the tax. 13
[8.] 9. The Office of Economic Development may adopt such 14
regulations as the Office determines to be necessary or advisable to 15
carry out the provisions of this section. 16
[9.] 10. An applicant for an abatement who is aggrieved by a 17
final decision of the Office of Economic Development may petition 18
for judicial review in the manner provided in chapter 233B of NRS. 19
Sec. 13. NRS 274.330 is hereby amended to read as follows: 20
274.330 1. A person who owns a business which is located 21
within an enterprise community establ ished pursuant to 24 C.F.R. 22
Part 597 in this State may submit a request to the governing body of 23
the county, city or town in which the business is located for an 24
endorsement of an application by the person to the Office of 25
Economic Development for a partia l abatement of one or more of 26
the taxes imposed pursuant to chapter 361 of NRS or the local sales 27
and use taxes. The governing body of the county, city or town shall 28
provide notice of the request to the board of trustees of the school 29
district in which the business operates. The notice must set forth the 30
date, time and location of the hearing at which the governing body 31
will consider whether to endorse the application. As used in this 32
subsection, “local sales and use taxes” means the taxes imposed on 33
the gross receipts of any retailer from the sale of tangible personal 34
property sold at retail, or stored, used or otherwise consumed, in the 35
political subdivision in which the business is located, except the 36
taxes imposed by the Sales and Use Tax Act and the Loc al School 37
Support Tax Law. 38
2. The governing body of a county, city or town shall develop 39
procedures for: 40
(a) Evaluating whether such an abatement would be beneficial 41
for the economic development of the county, city or town. 42
(b) Issuing a certificate of endorsement for an application for 43
such an abatement that is found to be beneficial for the economic 44
development of the county, city or town. 45

– 22 –

- *SB403_R2*
3. A person whose application has been endorsed by the 1
governing body of the county, city or town, as applicabl e, pursuant 2
to this section may submit the application to the Office of Economic 3
Development. The Office shall approve the application if the Office 4
makes the following determinations: 5
(a) The business is consistent with: 6
(1) The State Plan for Economic Development developed by 7
the Administrator pursuant to subsection 2 of NRS 231.053; and 8
(2) Any guidelines adopted by the Administrator to 9
implement the State Plan for Economic Development. 10
(b) Not later than 1 year after the date on which the applicat ion 11
was received by the Office, the applicant has executed an agreement 12
with the Office which states: 13
(1) The date on which the abatement becomes effective, as 14
agreed to by the applicant and the Office, which must not be earlier 15
than the date on which th e Office received the application and not 16
later than 1 year after the date on which the Office approves the 17
application; and 18
(2) That the business will, after the date on which the 19
abatement becomes effective: 20
(I) Continue in operation in the enterprise community for 21
a period specified by the Office, which must be at least 5 years; and 22
(II) Continue to meet the eligibility requirements set forth 23
in this subsection. 24
 The agreement must bind successors in interest of the business 25
for the specified period. 26
(c) The business is registered pursuant to the laws of this State 27
or the applicant commits to obtain a valid business license and all 28
other permits required by the county, city or town in which the 29
business operates. 30
(d) The business: 31
(1) Employs one or more dislocated workers who reside in 32
the enterprise community; and 33
(2) Pays such employees a wage of not less than 100 percent 34
of the f ederally designated level signifying poverty for a family of 35
four persons and provides medical benefit s to the employees and 36
their dependents which meet the minimum requirements for medical 37
benefits established by the Office. 38
4. The Office of Economic Development may require the 39
agreement described in paragraph (b) of subsection 3 to 40
incorporate a plan by the business to provide work-based learning 41
opportunities to pupils enrolled in public high schools in this 42
State, which may include, without limitation, a proposal to offer 43
work-based learning opportunities at the business or to provide for 44

– 23 –

- *SB403_R2*
employees of the business to serve as full -time or part -time 1
instructors for career and technical education courses. 2
5. If the Office of Economic Development approves an 3
application for a partial abatement, the Office shall: 4
(a) Determine the percentage of employee s of the business 5
which meet the requirements of paragraph (d) of subsection 3 and 6
grant a partial abatement equal to that percentage; and 7
(b) Immediately forward a certificate of eligibility for the 8
abatement to: 9
(1) The Department of Taxation; 10
(2) The Nevada Tax Commission; and 11
(3) If the partial abatement is from the property tax imposed 12
pursuant to chapter 361 of NRS, the county treasurer of the county 13
in which the business is located. 14
[5.] 6. If the Office of Economic Development approves an 15
application for a partial abatement pursuant to this section: 16
(a) The partial abatement must be for a duration of not less than 17
1 year but not more than 5 years. 18
(b) If the abatement is from the property tax imposed pursuant 19
to chapter 361 of NRS, the par tial abatement must not exceed 75 20
percent of the taxes on personal property payable by a business each 21
year pursuant to that chapter. 22
[6.] 7. If an applicant for a partial abatement pursuant to this 23
section fails to execute the agreement described in paragraph (b) of 24
subsection 3 within 1 year after the date on which the application 25
was received by the Office, the applicant shall not be approved for a 26
partial abatement pursuant to this section unless the applicant 27
submits a new request pursuant to subsection 1. 28
[7.] 8. If a business whose partial abatement has been 29
approved pursuant to this section and is in effect ceases: 30
(a) To meet the eligibility requirements for the partial 31
abatement; or 32
(b) Operation before the time specified in the agreement 33
described in paragraph (b) of subsection 3, 34
 the business shall repay to the Department of Taxation or, if the 35
partial abatement was from the property tax imposed pursuant to 36
chapter 361 of NRS, to the county treasurer, the amount of the 37
partial abatement that was allowed pursuant to this section before 38
the failure of the business to comply unless the Nevada Tax 39
Commission determines that the business has substantially complied 40
with the requirements of this section. Except as otherwise provided 41
in NRS 360. 232 and 360.320, the business shall, in addition to the 42
amount of the partial abatement required to be paid pursuant to this 43
subsection, pay interest on the amount due at the rate most recently 44
established pursuant to NRS 99.040 for each month, or portion 45

– 24 –

- *SB403_R2*
thereof, from the last day of the month following the period for 1
which the payment would have been made had the partial abatement 2
not been approved until the date of payment of the tax. 3
[8.] 9. The Office of Economic Development: 4
(a) Shall adopt regulat ions relating to the minimum level of 5
benefits that a business must provide to its employees to qualify for 6
an abatement pursuant to this section. 7
(b) May adopt such other regulations as the Office determines to 8
be necessary or advisable to carry out the provisions of this section. 9
[9.] 10. An applicant for an abatement who is aggrieved by a 10
final decision of the Office of Economic Development may petition 11
for judicial review in the manner provided in chapter 233B of NRS. 12
[10.] 11. As used in this sect ion, “dislocated worker” means a 13
person who: 14
(a) Has been terminated, laid off or received notice of 15
termination or layoff from employment; 16
(b) Is eligible for or receiving or has exhausted his or her 17
entitlement to unemployment compensation; 18
(c) Has be en dependent on the income of another family 19
member but is no longer supported by that income; 20
(d) Has been self-employed but is no longer receiving an income 21
from self -employment because of general economic conditions in 22
the community or natural disaster; or 23
(e) Is currently unemployed and unable to return to a previous 24
industry or occupation. 25
Sec. 14. NRS 360.750 is hereby amended to read as follows: 26
360.750 1. A person who intends to locate or expand a 27
business in this State may apply to the Office of Economic 28
Development pursuant to this section for a partial abatement of one 29
or more of the taxes imposed on the: 30
(a) New business pursuant to chapter 361, 363B or 374 of NRS. 31
(b) Expanded business pursuant to chapte r 361 or 363B of NRS 32
or a partial abatement of the local sales and use taxes imposed on 33
the expanded business. As used in this paragraph, “local sales and 34
use taxes” means the taxes imposed on the gross receipts of any 35
retailer from the sale of tangible pe rsonal property sold at retail, or 36
stored, used or otherwise consumed, in the political subdivision in 37
which the business is to be located or expanded, except the taxes 38
imposed by the Sales and Use Tax Act and the Local School 39
Support Tax Law. 40
2. The Off ice of Economic Development shall approve an 41
application for a partial abatement pursuant to this section if the 42
Office makes the following determinations: 43
(a) The business offers primary jobs and is consistent with: 44

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- *SB403_R2*
(1) The State Plan for Economic Development developed by 1
the Executive Director of the Office of Economic Development 2
pursuant to subsection 2 of NRS 231.053; and 3
(2) Any guidelines adopted by the Executive Director of the 4
Office to implement the State Plan for Economic Development. 5
(b) Not later than 1 year after the date on which the application 6
was received by the Office, the applicant has executed an agreement 7
with the Office which must: 8
(1) Comply with the requirements of NRS 360.755; 9
(2) State the date on which the abatement beco mes effective, 10
as agreed to by the applicant and the Office, which must not be 11
earlier than the date on which the Office received the application 12
and not later than 1 year after the date on which the Office approves 13
the application; 14
(3) State that the bu siness will, after the date on which the 15
abatement becomes effective, continue in operation in this State for 16
a period specified by the Office, which must be at least 5 years, and 17
will continue to meet the eligibility requirements set forth in this 18
subsection; 19
(4) State that the business will offer primary jobs; and 20
(5) Bind the successors in interest of the business for the 21
specified period. 22
(c) The business is registered pursuant to the laws of this State 23
or the applicant commits to obtain a valid b usiness license and all 24
other permits required by the county, city or town in which the 25
business operates. 26
(d) Except as otherwise provided in subsection 4, 5 or 6, the 27
average hourly wage that will be paid by the business to its new 28
employees in this Sta te is at least 100 percent of the average 29
statewide hourly wage as established by the Employment Security 30
Division of the Department of Employment, Training and 31
Rehabilitation on July 1 of each fiscal year. 32
(e) The business will, by the eighth calendar qu arter following 33
the calendar quarter in which the abatement becomes effective, offer 34
a health insurance plan for all employees that includes an option for 35
health insurance coverage for dependents of the employees, and the 36
health care benefits the business offers to its employees in this State 37
will meet the minimum requirements for health care benefits 38
established by the Office. 39
(f) Except as otherwise provided in this subsection and NRS 40
361.0687, if the business is a new business in a county whose 41
population is 100,000 or more or a city whose population is 60,000 42
or more, the business meets at least one of the following 43
requirements: 44

– 26 –

- *SB403_R2*
(1) The business will have 50 or more full -time employees 1
on the payroll of the business by the eighth calendar quarter 2
following the calendar quarter in which the abatement becomes 3
effective who will be employed at the location of the business in 4
that county or city until at least the date which is 5 years after the 5
date on which the abatement becomes effective. 6
(2) Establishing the business will require the business to 7
make, not later than the date which is 2 years after the date on which 8
the abatement becomes effective, a capital investment of at least 9
$1,000,000 in this State in capital assets that will be retained at the 10
location of the business in that county or city until at least the date 11
which is 5 years after the date on which the abatement becomes 12
effective. 13
(g) Except as otherwise provided in NRS 361.0687, if the 14
business is a new business in a county whose population is less than 15
100,000, in an area of a county whose population is 100,000 or more 16
that is located within the geographic boundaries of an area that is 17
designated as rural by the United States Department of Agriculture 18
and at least 20 miles outside of the geographic boundaries of an area 19
designated as urban by the United States Department of Agriculture, 20
or in a city whose population is less than 60,000, the business meets 21
at least one of the following requirements: 22
(1) The business will have 10 o r more full -time employees 23
on the payroll of the business by the eighth calendar quarter 24
following the calendar quarter in which the abatement becomes 25
effective who will be employed at the location of the business in 26
that county or city until at least the date which is 5 years after the 27
date on which the abatement becomes effective. 28
(2) Establishing the business will require the business to 29
make, not later than the date which is 2 years after the date on which 30
the abatement becomes effective, a capital in vestment of at least 31
$250,000 in this State in capital assets that will be retained at the 32
location of the business in that county or city until at least the date 33
which is 5 years after the date on which the abatement becomes 34
effective. 35
(h) If the business is an existing business, the business meets at 36
least one of the following requirements: 37
(1) For a business in: 38
(I) Except as otherwise provided in sub-subparagraph (II), 39
a county whose population is 100,000 or more or a city whose 40
population is 60,0 00 or more, the business will, by the eighth 41
calendar quarter following the calendar quarter in which the 42
abatement becomes effective, increase the number of employees on 43
its payroll in that county or city by 10 percent more than it 44
employed in the fiscal year immediately preceding the fiscal year in 45

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- *SB403_R2*
which the abatement becomes effective or by twenty -five 1
employees, whichever is greater, who will be employed at the 2
location of the business in that county or city until at least the date 3
which is 5 years afte r the date on which the abatement becomes 4
effective; or 5
(II) A county whose population is less than 100,000, an 6
area of a county whose population is 100,000 or more that is located 7
within the geographic boundaries of an area that is designated as 8
rural by the United States Department of Agriculture and at least 20 9
miles outside of the geographic boundaries of an area designated as 10
urban by the United States Department of Agriculture, or a city 11
whose population is less than 60,000, the business will, by t he 12
eighth calendar quarter following the calendar quarter in which the 13
abatement becomes effective, increase the number of employees on 14
its payroll in that county or city by 10 percent more than it 15
employed in the fiscal year immediately preceding the fisc al year in 16
which the abatement becomes effective or by six employees, 17
whichever is greater, who will be employed at the location of the 18
business in that county or city until at least the date which is 5 years 19
after the date on which the abatement becomes effective. 20
(2) The business will expand by making a capital investment 21
in this State, not later than the date which is 2 years after the date on 22
which the abatement becomes effective, in an amount equal to at 23
least 20 percent of the value of the tangible property possessed by 24
the business in the fiscal year immediately preceding the fiscal year 25
in which the abatement becomes effective, and the capital 26
investment will be in capital assets that will be retained at the 27
location of the business in that county or city until at least the date 28
which is 5 years after the date on which the abatement becomes 29
effective. The determination of the value of the tangible property 30
possessed by the business in the immediately preceding fiscal year 31
must be made by the: 32
(I) County assessor of the county in which the business 33
will expand, if the business is locally assessed; or 34
(II) Department, if the business is centrally assessed. 35
(i) The applicant has provided in the application an estimate of 36
the total number of new e mployees which the business anticipates 37
hiring in this State by the eighth calendar quarter following the 38
calendar quarter in which the abatement becomes effective if the 39
Office approves the application. 40
(j) Except as otherwise provided in subsection 3, i f the business 41
will have at least 50 full -time employees on the payroll of the 42
business by the eighth calendar quarter following the calendar 43
quarter in which the abatement becomes effective, the business, by 44
the earlier of the eighth calendar quarter foll owing the calendar 45

– 28 –

- *SB403_R2*
quarter in which the abatement becomes effective or the date on 1
which the business has at least 50 full-time employees on the payroll 2
of the business, has a policy for paid family and medical leave and 3
agrees that all employees who have been employed by the business 4
for at least 1 year will be eligible for at least 12 weeks of paid 5
family and medical leave at a rate of at least 55 percent of the 6
regular wage of the employee. The business will agree in writing 7
that if the Office approves the application, the business will not: 8
(1) Prohibit, interfere with or otherwise discourage an 9
employee from taking paid family and medical leave: 10
(I) For any reason authorized pursuant to the Family and 11
Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq. 12
(II) To care for any adult child, sibling or domestic 13
partner of the employee. 14
(2) Discriminate, discipline or discharge an employee for 15
taking paid family and medical leave: 16
(I) For any reason authorized pursuant to the Family and 17
Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq. 18
(II) To care for any adult child, sibling or domestic 19
partner of the employee. 20
(3) Prohibit, interfere with or otherwise discourage an 21
employee or other person from bringing a proceeding or testifying 22
in a proceeding against the business for a violation of the policy for 23
paid family and medical leave that is required pursuant to this 24
paragraph. 25
3. For purposes of paragraph (j) of subsection 2, the Office of 26
Economic Development shall determine that a busines s meets the 27
requirements of that paragraph if the business has a policy for paid 28
family and medical leave for employees on the payroll of the 29
business outside of this State that meets or exceeds the requirements 30
for a policy for paid family and medical lea ve pursuant to that 31
paragraph and the business agrees in writing that its employees on 32
the payroll in this State are eligible for paid family and medical 33
leave under such policy. 34
4. Notwithstanding the provisions of subsection 2, the Office 35
of Economic Development: 36
(a) Shall not consider an application for a partial abatement 37
pursuant to this section unless the Office has requested a letter of 38
acknowledgment of the request for the abatement from any affected 39
county, school district, city or town. 40
(b) Shall consider the level of health care benefits provided by 41
the business to its employees, the policy of paid family and medical 42
leave provided by the business to its employees, the projected 43
economic impact of the business and the projected tax revenue of 44

– 29 –

- *SB403_R2*
the business after deducting projected revenue from the abated 1
taxes. 2
(c) May, if the Office determines that such action is necessary: 3
(1) Approve an application for a partial abatement pursuant 4
to this section by a business that does not meet the requ irements set 5
forth in paragraph (f), (g) or (h) of subsection 2; 6
(2) Make any of the requirements set forth in paragraphs (d) 7
to (h), inclusive, of subsection 2 more stringent; or 8
(3) Add additional requirements that a business must meet to 9
qualify for a partial abatement pursuant to this section. 10
(d) May require the agreement described in paragraph (b) of 11
subsection 2 to incorporate a plan by the business to provide work-12
based learning opportunities to pupils enrolled in public high 13
schools in this St ate, which may include, without limitation, a 14
proposal to offer work -based learning opportunities at the 15
business or to provide for employees of the business to serve as 16
full-time or part -time instructors for career and technical 17
education courses. 18
5. Notwithstanding any other provision of law, the Office of 19
Economic Development shall not approve an application for a 20
partial abatement pursuant to this section if: 21
(a) The applicant intends to locate or expand in a county in 22
which the rate of unemployment is 7 percent or more and the 23
average hourly wage that will be paid by the applicant to its new 24
employees in this State is less than 70 percent of the average 25
statewide hourly wage, as established by the Employment Security 26
Division of the Department of Emp loyment, Training and 27
Rehabilitation on July 1 of each fiscal year. 28
(b) The applicant intends to locate or expand in a county in 29
which the rate of unemployment is less than 7 percent and the 30
average hourly wage that will be paid by the applicant to its ne w 31
employees in this State is less than 85 percent of the average 32
statewide hourly wage, as established by the Employment Security 33
Division of the Department of Employment, Training and 34
Rehabilitation on July 1 of each fiscal year. 35
(c) The applicant intend s to locate in a county but has already 36
received a partial abatement pursuant to this section for locating that 37
business in that county. 38
(d) The applicant intends to expand in a county but has already 39
received a partial abatement pursuant to this section for expanding 40
that business in that county. 41
(e) The applicant has changed the name or identity of the 42
business to evade the provisions of paragraph (c) or (d). 43
6. Notwithstanding any other provision of law, if the Office of 44
Economic Development approves an application for a partial 45

– 30 –

- *SB403_R2*
abatement pursuant to this section, in determining the types of taxes 1
imposed on a new or expanded business for which the partial 2
abatement will be approved and the amount of the partial abatement: 3
(a) If the new or expanded business is located in a county in 4
which the rate of unemployment is 7 percent or more and the 5
average hourly wage that will be paid by the business to its new 6
employees in this State is less than 85 percent of the average 7
statewide hourly wage, as establi shed by the Employment Security 8
Division of the Department of Employment, Training and 9
Rehabilitation on July 1 of each fiscal year, the Office shall not: 10
(1) Approve an abatement of the taxes imposed pursuant to 11
chapter 361 of NRS which exceeds 25 perce nt of the taxes on 12
personal property payable by the business each year. 13
(2) Approve an abatement of the taxes imposed pursuant to 14
chapter 363B of NRS which exceeds 25 percent of the amount of 15
tax otherwise due pursuant to NRS 363B.110. 16
(b) If the new or expanded business is located in a county in 17
which the rate of unemployment is less than 7 percent and the 18
average hourly wage that will be paid by the business to its new 19
employees in this State is less than 100 percent of the average 20
statewide hourly wag e, as established by the Employment Security 21
Division of the Department of Employment, Training and 22
Rehabilitation on July 1 of each fiscal year, the Office shall not: 23
(1) Approve an abatement of the taxes imposed pursuant to 24
chapter 361 of NRS which exc eeds 25 percent of the taxes on 25
personal property payable by the business each year. 26
(2) Approve an abatement of the taxes imposed pursuant to 27
chapter 363B of NRS which exceeds 25 percent of the amount of 28
tax otherwise due pursuant to NRS 363B.110. 29
7. If the Office of Economic Development approves an 30
application for a partial abatement pursuant to this section, the 31
Office shall immediately forward a certificate of eligibility for the 32
abatement to: 33
(a) The Department; 34
(b) The Nevada Tax Commission; and 35
(c) If the partial abatement is from the property tax imposed 36
pursuant to chapter 361 of NRS, the county treasurer. 37
8. An applicant for a partial abatement pursuant to this section 38
or an existing business whose partial abatement is in effect shall, 39
upon the request of the Executive Director of the Office of 40
Economic Development, furnish the Executive Director with copies 41
of all records necessary to verify that the applicant meets the 42
requirements of subsection 2. 43
9. If an applicant for a partial abate ment pursuant to this 44
section fails to execute the agreement described in paragraph (b) of 45

– 31 –

- *SB403_R2*
subsection 2 within 1 year after the date on which the application 1
was received by the Office, the applicant shall not be approved for a 2
partial abatement pursuant t o this section unless the applicant 3
submits a new application. 4
10. If a business whose partial abatement has been approved 5
pursuant to this section and is in effect ceases: 6
(a) To meet the requirements set forth in subsection 2; or 7
(b) Operation before the time specified in the agreement 8
described in paragraph (b) of subsection 2, 9
 the business shall repay to the Department or, if the partial 10
abatement was from the property tax imposed pursuant to chapter 11
361 of NRS, to the county treasurer, the amount of the partial 12
abatement that was allowed pursuant to this section before the 13
failure of the business to comply unless the Nevada Tax 14
Commission determines that the business has substantially complied 15
with the requirements of this section. Except as other wise provided 16
in NRS 360.232 and 360.320, the business shall, in addition to the 17
amount of the partial abatement required to be paid pursuant to this 18
subsection, pay interest on the amount due at the rate most recently 19
established pursuant to NRS 99.040 fo r each month, or portion 20
thereof, from the last day of the month following the period for 21
which the payment would have been made had the partial abatement 22
not been approved until the date of payment of the tax. 23
11. A county treasurer: 24
(a) Shall deposit any money that he or she receives pursuant to 25
subsection 10 in one or more of the funds established by a local 26
government of the county pursuant to NRS 354.6113 or 354.6115; 27
and 28
(b) May use the money deposited pursuant to paragraph (a) only 29
for the purposes authorized by NRS 354.6113 and 354.6115. 30
12. The Office of Economic Development may adopt such 31
regulations as the Office of Economic Development determines to 32
be necessary to carry out the provisions of this section and 33
NRS 360.755. 34
13. The Nevada Tax Commission: 35
(a) Shall adopt regulations regarding: 36
(1) The capital investment that a new business must make to 37
meet the requirement set forth in paragraph (f) or (g) of subsection 38
2; and 39
(2) Any security that a business is required to post to qualify 40
for a partial abatement pursuant to this section. 41
(b) May adopt such other regulations as the Nevada Tax 42
Commission determines to be necessary to carry out the provisions 43
of this section and NRS 360.755. 44

– 32 –

- *SB403_R2*
14. An applicant for a partial abatement pursuant to this section 1
who is aggrieved by a final decision of the Office of Economic 2
Development may petition for judicial review in the manner 3
provided in chapter 233B of NRS. 4
15. For the purposes of this section, an employee is a “full-time 5
employee” if he or she is in a permanent position of employment 6
and works an average of 30 hours per week during the applicable 7
period set forth in subsection 2. 8
Sec. 15. NRS 360.753 is hereby amended to read as follows: 9
360.753 1. An owner of a business or a person who intends 10
to locate or expand a business in this State may apply to the Office 11
of Economic Development pursuant to this section for a partial 12
abatement of one or more of: 13
(a) The personal property taxes imposed on an aircraft and the 14
personal property used to own, operate, manufacture, service, 15
maintain, test, repair, overhaul or assemble an aircraft or any 16
component of an aircraft; and 17
(b) The local sales and use taxes imposed on the purchase of 18
tangible personal property used to operate, manufacture, service, 19
maintain, test, repair, overhaul or assemble an aircraft or any 20
component of an aircraft. 21
2. Notwithstanding the provisions of any law to the contrary 22
and except as otherwise provided in subsections 3 and 4 , the Office 23
of Economic Development shall approve an application for a partial 24
abatement if the Office makes the following determinations: 25
(a) Not later than 1 year after the date on which the application 26
was received by the Office, the applicant has executed an agreement 27
with the Office which: 28
(1) Complies with the requirements of NRS 360.755; 29
(2) States the date on which the abatement becomes 30
effective, as agreed to by the applicant and the Office, which must 31
not be earlier than the date on which t he Office received the 32
application and not later than 1 year after the date on which the 33
Office approves the application; 34
(3) States that the business will, after the date on which a 35
certificate of eligibility for the partial abatement is issued pursuant 36
to subsection 5, continue in operation in this State for a period 37
specified by the Office, which must be not less than 5 years, and 38
will continue to meet the eligibility requirements set forth in this 39
subsection; and 40
(4) Binds any successor in interest of the applicant for the 41
specified period; 42
(b) The business is registered pursuant to the laws of this State 43
or the applicant commits to obtaining a valid business license and all 44

– 33 –

- *SB403_R2*
other permits required by the county, city or town in which the 1
business operates; 2
(c) The business owns, operates, manufactures, services, 3
maintains, tests, repairs, overhauls or assembles an aircraft or any 4
component of an aircraft; 5
(d) The average hourly wage that will be paid by the business to 6
its employees in this State d uring the period of partial abatement is 7
not less than 100 percent of the average statewide hourly wage as 8
established by the Employment Security Division of the Department 9
of Employment, Training and Rehabilitation on July 1 of each fiscal 10
year; 11
(e) The business will, by the eighth calendar quarter following 12
the calendar quarter in which the abatement becomes effective, offer 13
a health insurance plan for all employees that includes an option for 14
health insurance coverage for dependents of the employees, an d the 15
health care benefits the business offers to its employees in this State 16
will meet the minimum requirements for health care benefits 17
established by the Office; 18
(f) If the business is: 19
(1) A new business, that it will have five or more full -time 20
employees on the payroll of the business within 1 year after 21
receiving its certificate of eligibility for a partial abatement; or 22
(2) An existing business, that it will increase its number of 23
full-time employees on the payroll of the business in this State by 3 24
percent or three employees, whichever is greater, within 1 year after 25
receiving its certificate of eligibility for a partial abatement; 26
(g) The business meets at least one of the following 27
requirements: 28
(1) The business will make a new capital inve stment of at 29
least $250,000 in this State within 1 year after receiving its 30
certificate of eligibility for a partial abatement; 31
(2) The business will maintain and possess in this State 32
tangible personal property having a value of not less than 33
$5,000,000 during the period of partial abatement; 34
(3) The business develops, refines or owns a patent or other 35
intellectual property, or has been issued a type certificate by the 36
Federal Aviation Administration pursuant to 14 C.F.R. Part 21; and 37
(h) If the appli cation is for the partial abatement of the taxes 38
imposed by the Local School Support Tax Law, the application has 39
been approved by a vote of at least two-thirds of the members of the 40
Board of Economic Development created by NRS 231.033. 41
3. The Office of Economic Development: 42
(a) Shall approve or deny an application submitted pursuant to 43
this section and notify the applicant of its decision not later than 45 44
days after receiving the application. 45

– 34 –

- *SB403_R2*
(b) Must not: 1
(1) Consider an application for a partial abatement unless the 2
Office has requested a letter of acknowledgment of the request for 3
the partial abatement from any affected county, school district, city 4
or town and has complied with the requirements of NRS 360.757; or 5
(2) Approve a partial abatemen t for any applicant for a 6
period of more than 10 years. 7
(c) Notwithstanding the provisions of subsection 2, may 8
require the agreement described in paragraph (a) of subsection 2 9
to incorporate a plan by the business to provide work-based 10
learning opportunities to pupils enrolled in public high schools in 11
this State, which may include, without limitation, a proposal to 12
offer work -based learning opportunities at the business or to 13
provide for employees of the business to serve as full -time or part-14
time instructors for career and technical education courses. 15
4. The Office of Economic Development must not approve a 16
partial abatement of personal property taxes for a business whose 17
physical property is collectively valued and centrally assessed 18
pursuant to NRS 361.320 and 361.3205. 19
5. If the Office of Economic Development approves an 20
application for a partial abatement pursuant to this section, the 21
Office shall immediately forward a certificate of eligibility for the 22
partial abatement to: 23
(a) The Department; 24
(b) The Nevada Tax Commission; and 25
(c) If the partial abatement is from personal property taxes, the 26
appropriate county treasurer. 27
6. An applicant for a partial abatement pursuant to this section 28
or an existing business whose partial abatement is in ef fect shall, 29
upon the request of the Executive Director of the Office of 30
Economic Development, furnish the Executive Director with copies 31
of all records necessary to verify that the applicant meets the 32
requirements of subsection 2. 33
7. If an applicant for a partial abatement pursuant to this 34
section fails to execute the agreement described in paragraph (a) of 35
subsection 2 within 1 year after the date on which the application 36
was received by the Office, the applicant shall not be approved for a 37
partial abate ment pursuant to this section unless the applicant 38
submits a new application. 39
8. If a business whose partial abatement has been approved 40
pursuant to this section and whose partial abatement is in effect 41
ceases: 42
(a) To meet the requirements set forth in subsection 2; or 43
(b) Operation before the time specified in the agreement 44
described in paragraph (a) of subsection 2, 45

– 35 –

- *SB403_R2*
 the business shall repay to the Department or, if the partial 1
abatement was from personal property taxes, to the appropriate 2
county tre asurer, the amount of the partial abatement that was 3
allowed pursuant to this section before the failure of the business to 4
comply unless the Nevada Tax Commission determines that the 5
business has substantially complied with the requirements of this 6
section. Except as otherwise provided in NRS 360.232 and 360.320, 7
the business shall, in addition to the amount of the partial abatement 8
required to be repaid pursuant to this subsection, pay interest on the 9
amount due at the rate most recently established pursu ant to NRS 10
99.040 for each month, or portion thereof, from the last day of the 11
month following the period for which the payment would have been 12
made had the partial abatement not been approved until the date of 13
payment of the tax. 14
9. The Office of Economic Development may adopt such 15
regulations as the Office determines to be necessary to carry out the 16
provisions of this section. 17
10. The Nevada Tax Commission may adopt such regulations 18
as the Commission determines are necessary to carry out the 19
provisions of this section. 20
11. An applicant for a partial abatement who is aggrieved by a 21
final decision of the Office of Economic Development may petition 22
a court of competent jurisdiction to review the decision in the 23
manner provided in chapter 233B of NRS. 24
12. As used in this section: 25
(a) “Aircraft” means any fixed -wing, rotary-wing or unmanned 26
aerial vehicle. 27
(b) “Component of an aircraft” means any: 28
(1) Element that makes up the physical structure of an 29
aircraft, or is affixed thereto; 30
(2) Mechanical, electrical or other system of an aircraft, 31
including, without limitation, any component thereof; and 32
(3) Raw material or processed material, part, machinery, 33
tool, chemical, gas or equipment used to operate, manufacture, 34
service, maintain, test, repair, overhaul or assemble an aircraft or 35
component of an aircraft. 36
(c) “Full-time employee” means a person who is in a permanent 37
position of employment and works an average of 30 hours per week 38
during the applicable period set forth in subparagraph (3) of 39
paragraph (a) of subsection 2. 40
(d) “Local sales and use taxes” means any taxes imposed on the 41
gross receipts of any retailer from the sale of tangible personal 42
property sold at retail, or stored, used or otherwise consumed, in any 43
political subdivision of this State, except the taxes imposed by the 44
Sales and Use Tax Act. 45

– 36 –

- *SB403_R2*
(e) “Personal property taxes” means any taxes levied on 1
personal property by the State or a local government pursuant to 2
chapter 361 of NRS. 3
Sec. 16. NRS 360.754 is hereby amended to read as follows: 4
360.754 1. A person who intends to locate or expand a data 5
center in this State may apply to the Office of Economic 6
Development pursuant to this section for a partial abatement of one 7
or more of the taxes imposed on the new or expanded data center 8
pursuant to chapter 361 or 374 of NRS. 9
2. The Office of Economic Development shall approve an 10
application for a partial abatement pursuant to this section if the 11
Office makes the following determinations: 12
(a) The application is consistent with the State Plan for 13
Economic Development developed by the Executive Director of the 14
Office of Economic Development pursuant to subsection 2 of NRS 15
231.053 and any guidelines adopted by the Executive Director of the 16
Office to implement the State Plan for Economic Development. 17
(b) Not later than 1 year after the date on which the application 18
was received by the Office, the applicant has executed an agreement 19
with the Office of Economic Development which must: 20
(1) Comply with the requirements of NRS 360.755; 21
(2) State the date on which the abatement becomes effective, 22
as agreed to by the applicant and the Office of Economic 23
Development, which must not be earlier than the date on which the 24
Office received the applicati on and not later than 1 year after the 25
date on which the Office approves the application; 26
(3) State that the data center will, after the date on which the 27
abatement becomes effective, continue in operation in this State for 28
a period specified by the Offi ce of Economic Development, which 29
must be at least 10 years, and will continue to meet the eligibility 30
requirements set forth in this subsection; and 31
(4) Bind the successors in interest of the applicant for the 32
specified period. 33
(c) The applicant is reg istered pursuant to the laws of this State 34
or the applicant commits to obtain a valid business license and all 35
other permits required by each county, city or town in which the 36
data center operates. 37
(d) If the applicant is seeking a partial abatement for a period of 38
not more than 10 years, the applicant meets the following 39
requirements: 40
(1) The data center will, by not later than the date that is 5 41
years after the date on which the abatement becomes effective, have 42
or have added 10 or more full -time employees who are residents of 43
Nevada and who will be employed at the data center and will 44
continue to employ 10 or more full -time employees who are 45

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- *SB403_R2*
residents of Nevada at the data center until at least the date which is 1
10 years after the date on which the abatement becomes effective. 2
(2) Establishing or expanding the data center will require the 3
data center or any combination of the data center and one or more 4
colocated businesses to make in each county in this State in which 5
the data center is located, by n ot later than the date which is 5 years 6
after the date on which the abatement becomes effective, a 7
cumulative capital investment of at least $25,000,000 in capital 8
assets that will be used or located at the data center. 9
(3) The average hourly wage that w ill be paid by the data 10
center to its employees in this State is at least 100 percent of the 11
average statewide hourly wage as established by the Employment 12
Security Division of the Department of Employment, Training and 13
Rehabilitation on July 1 of each fiscal year and: 14
(I) The data center will, by not later than the date which is 15
2 years after the date on which the abatement becomes effective, 16
provide a health insurance plan for all employees employed at the 17
data center that includes an option for health insurance coverage for 18
dependents of the employees; and 19
(II) The health care benefits provided to employees 20
employed at the data center will meet the minimum requirements for 21
health care benefits established by the Office of Economic 22
Development by regulation pursuant to subsection 13. 23
(4) At least 50 percent of the employees engaged in the 24
construction of the data center are residents of Nevada, unless 25
waived by the Executive Director of the Office of Economic 26
Development upon proof satisfactory to t he Executive Director of 27
the Office of Economic Development that there is an insufficient 28
number of residents of Nevada available and qualified for such 29
employment. 30
(e) If the applicant is seeking a partial abatement for a period of 31
10 years or more but not more than 20 years, the applicant meets the 32
following requirements: 33
(1) The data center will, by not later than the date that is 5 34
years after the date on which the abatement becomes effective, have 35
or have added 50 or more full -time employees who are residents of 36
Nevada and who will be employed at the data center and will 37
continue to employ 50 or more full -time employees who are 38
residents of Nevada at the data center until at least the date which is 39
20 years after the date on which the abatement becomes effective. 40
(2) Establishing or expanding the data center will require the 41
data center or any combination of the data center and one or more 42
colocated businesses to make in each county in this State in which 43
the data center is located, by not later tha n the date which is 5 years 44
after the date on which the abatement becomes effective, a 45

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- *SB403_R2*
cumulative capital investment of at least $100,000,000 in capital 1
assets that will be used or located at the data center. 2
(3) The average hourly wage that will be paid by the data 3
center to its employees in this State is at least 100 percent of the 4
average statewide hourly wage as established by the Employment 5
Security Division of the Department of Employment, Training and 6
Rehabilitation on July 1 of each fiscal year and: 7
(I) The data center will, by not later than the date which is 8
2 years after the date on which the abatement becomes effective, 9
provide a health insurance plan for all employees employed at the 10
data center that includes an option for health insurance coverage for 11
dependents of the employees; and 12
(II) The health care benefits provided to employees 13
employed at the data center will meet the minimum requirements for 14
health care benefits established by the Office of Economic 15
Development by regulation pursuant to subsection 13. 16
(4) At least 50 percent of the employees engaged in the 17
construction of the data center are residents of Nevada, unless 18
waived by the Executive Director of the Office of Economic 19
Development upon proof satisfactory to the Executiv e Director of 20
the Office of Economic Development that there is an insufficient 21
number of residents of Nevada available and qualified for such 22
employment. 23
(f) The applicant has provided in the application an estimate of 24
the total number of new employees which the data center anticipates 25
hiring in this State if the Office of Economic Development approves 26
the application. 27
(g) If the applicant is seeking a partial abatement of the taxes 28
imposed by the Local School Support Tax Law, the application has 29
been approved by a vote of at least two-thirds of the members of the 30
Board of Economic Development created by NRS 231.033. 31
3. Notwithstanding the provisions of subsection 2, the Office 32
of Economic Development: 33
(a) Shall not consider an application for a partial abatement 34
pursuant to this section unless the Office of Economic Development 35
has requested a letter of acknowledgment of the request for the 36
abatement from each affected county, school district, city or town. 37
(b) Shall consider the level of health care b enefits provided to 38
employees employed at the data center, the projected economic 39
impact of the data center and the projected tax revenue of the data 40
center after deducting projected revenue from the abated taxes. 41
(c) May, if the Office of Economic Develo pment determines 42
that such action is necessary: 43

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- *SB403_R2*
(1) Approve an application for a partial abatement pursuant 1
to this section by a data center that does not meet the requirements 2
set forth in paragraph (d) or (e) of subsection 2; 3
(2) Make the requirements set forth in paragraphs (d) and (e) 4
of subsection 2 more stringent; or 5
(3) Add additional requirements that an applicant must meet 6
to qualify for a partial abatement pursuant to this section. 7
(d) May require the agreement described in parag raph (b) of 8
subsection 2 to incorporate a plan by the data center to provide 9
work-based learning opportunities to pupils enrolled in public 10
high schools in this State, which may include, without limitation, a 11
proposal to offer work -based learning opportunities at the data 12
center or to provide for employees of the data center to serve as 13
full-time or part -time instructions or career and technical 14
education courses. 15
4. If the Office of Economic Development approves an 16
application for a partial abatement pur suant to this section, the 17
Office shall immediately forward a certificate of eligibility for the 18
abatement to: 19
(a) The Department; 20
(b) The Nevada Tax Commission; and 21
(c) If the partial abatement is from the property tax imposed 22
pursuant to chapter 361 of NRS, the county treasurer of each county 23
in which the data center is or will be located. 24
5. If the Office of Economic Development approves an 25
application for a partial abatement pursuant to this section, the 26
Office may also approve a partial abatement of taxes for each 27
colocated business that enters into a contract to use or occupy, for a 28
period of at least 2 years, all or a portion of the new or expanded 29
data center. Each such colocated business shall obtain a state 30
business license issued by the Secre tary of State. The percentage 31
amount of a partial abatement approved for a colocated business 32
pursuant to this subsection must not exceed the percentage amount 33
of the partial abatement approved for the data center. The duration 34
of a partial abatement approved for a colocated business pursuant to 35
this subsection must not exceed the duration of the contract or 36
contracts entered into between the colocated business and the data 37
center, including the duration of any contract or contracts extended 38
or renewed by the parties. If a colocated business ceases to meet the 39
requirements set forth in this subsection, the colocated business 40
shall repay the amount of the abatement that was allowed in the 41
same manner in which a data center is required by subsection 8 to 42
repay the Department or a county treasurer. If a data center ceases to 43
meet the requirements of subsection 2 or ceases operation before the 44
time specified in the agreement described in paragraph (b) of 45

– 40 –

- *SB403_R2*
subsection 2, any partial abatement approved for a colocate d 1
business ceases to be in effect, but the colocated business is not 2
required to repay the amount of the abatement that was allowed 3
before the date on which the abatement ceases to be in effect. A data 4
center shall provide the Executive Director of the Off ice and the 5
Department with a list of the colocated businesses that are qualified 6
to receive a partial abatement pursuant to this subsection and shall 7
notify the Executive Director within 30 days after any change to the 8
list. The Executive Director shall provide the list and any updates to 9
the list to the Department and the county treasurer of each affected 10
county. 11
6. An applicant for a partial abatement pursuant to this section 12
or a data center whose partial abatement is in effect shall, upon the 13
request of the Executive Director of the Office of Economic 14
Development, furnish the Executive Director with copies of all 15
records necessary to verify that the applicant meets the requirements 16
of subsection 2. 17
7. If an applicant for a partial abatement pursuant to this 18
section fails to execute the agreement described in paragraph (b) of 19
subsection 2 within 1 year after the date on which the application 20
was received by the Office, the applicant shall not be approved for a 21
partial abatement pursuant to this sectio n unless the applicant 22
submits a new application. 23
8. If a data center whose partial abatement has been approved 24
pursuant to this section and is in effect ceases: 25
(a) To meet the requirements set forth in subsection 2; or 26
(b) Operation before the time s pecified in the agreement 27
described in paragraph (b) of subsection 2, 28
 the data center shall repay to the Department or, if the partial 29
abatement was from the property tax imposed pursuant to chapter 30
361 of NRS, to the county treasurer, the amount of the partial 31
abatement that was allowed pursuant to this section before the 32
failure of the data center to comply unless the Nevada Tax 33
Commission determines that the data center has substantially 34
complied with the requirements of this section. Except as otherwi se 35
provided in NRS 360.232 and 360.320, the data center shall, in 36
addition to the amount of the partial abatement required to be repaid 37
pursuant to this subsection, pay interest on the amount due at the 38
rate most recently established pursuant to NRS 99.040 for each 39
month, or portion thereof, from the last day of the month following 40
the period for which the payment would have been made had the 41
partial abatement not been approved until the date of payment of the 42
tax. 43
9. A county treasurer: 44

– 41 –

- *SB403_R2*
(a) Shall deposit any money that he or she receives pursuant to 1
subsection 5 or 8 in one or more of the funds established by a local 2
government of the county pursuant to NRS 354.6113 or 354.6115; 3
and 4
(b) May use the money deposited pursuant to paragraph (a) only 5
for the purposes authorized by NRS 354.6113 and 354.6115. 6
10. An applicant for a partial abatement pursuant to this section 7
who is aggrieved by a final decision of the Office of Economic 8
Development may petition for judicial review in the manner 9
provided in chapter 233B of NRS. 10
11. For an employee to be considered a resident of Nevada for 11
the purposes of this section, a data center must maintain the 12
following documents in the personnel file of the employee: 13
(a) A copy of the current and valid Nevada driver’s l icense of 14
the employee or a current and valid identification card for the 15
employee issued by the Department of Motor Vehicles; 16
(b) If the employee is a registered owner of one or more motor 17
vehicles in Nevada, a copy of the current motor vehicle registrat ion 18
of at least one of those vehicles; 19
(c) Proof that the employee is a full-time employee; and 20
(d) Proof that the employee is covered by the health insurance 21
plan which the data center is required to provide pursuant to sub -22
subparagraph (I) of subparagraph (3) of paragraph (d) of subsection 23
2 or sub -subparagraph (I) of subparagraph (3) of paragraph (e) of 24
subsection 2. 25
12. For the purpose of obtaining from the Executive Director 26
of the Office of Economic Development any waiver of the 27
requirements set f orth in subparagraph (4) of paragraph (d) of 28
subsection 2 or subparagraph (4) of paragraph (e) of subsection 2, a 29
data center must submit to the Executive Director of the Office of 30
Economic Development written documentation of the efforts to 31
meet the requi rements and documented proof that an insufficient 32
number of Nevada residents is available and qualified for 33
employment. 34
13. The Office of Economic Development: 35
(a) Shall adopt regulations relating to the minimum level of 36
health care benefits that a data center must provide to its employees 37
to meet the requirement set forth in paragraph (d) or (e) of 38
subsection 2; 39
(b) May adopt such other regulations as the Office determines to 40
be necessary to carry out the provisions of this section; and 41
(c) Shall not approve any application for a partial abatement 42
submitted pursuant to this section which is received on or after 43
January 1, 2036. 44
14. The Nevada Tax Commission: 45

– 42 –

- *SB403_R2*
(a) Shall adopt regulations regarding: 1
(1) The capital investment necessary to meet the requirement 2
set forth in paragraph (d) or (e) of subsection 2; and 3
(2) Any security that a data center is required to post to 4
qualify for a partial abatement pursuant to this section. 5
(b) May adopt such other regulations as the Nevada Tax 6
Commission determines to be necessary to carry out the provisions 7
of this section. 8
15. As used in this section, unless the context otherwise 9
requires: 10
(a) “Colocated business” means a person who enters into a 11
contract with a data center that is qualified to receive a n abatement 12
pursuant to this section to use or occupy all or part of the data 13
center. 14
(b) “Data center” means one or more buildings located at one or 15
more physical locations in this State which house a group of 16
networked server computers for the purpose o f centralizing the 17
storage, management and dissemination of data and information 18
pertaining to one or more businesses and includes any modular or 19
preassembled components, associated telecommunications and 20
storage systems and, if the data center includes mo re than one 21
building or physical location, any network or connection between 22
such buildings or physical locations. 23
(c) “Full-time employee” means a person who is in a permanent 24
position of employment and works an average of 30 hours per week 25
during the ap plicable period set forth in paragraph (d) or (e) of 26
subsection 2. 27
Sec. 17. NRS 360.759 is hereby amended to read as follows: 28
360.759 1. A production company that produces a qualified 29
production in this State in whole or in part may apply to the Office 30
of Economic Development for a certificate of eligibility for 31
transferable tax credits for any qualified direct production 32
expenditures. The transferable tax credits may be applied to: 33
(a) Any tax imposed by chapters 363A and 363B of NRS; 34
(b) The gaming license fees imposed by the provisions of 35
NRS 463.370; 36
(c) Any tax imposed pursuant to chapter 680B of NRS; or 37
(d) Any combination of the fees and taxes described in 38
paragraphs (a), (b) and (c). 39
2. The Office may approv e an application for a certificate of 40
eligibility for transferable tax credits if the Office finds that the 41
production company producing the qualified production qualifies for 42
the transferable tax credits pursuant to subsection 3. If the Office 43
approves th e application, the Office shall calculate the estimated 44

– 43 –

- *SB403_R2*
amount of the transferable tax credits pursuant to NRS 360.7592, 1
360.7593 and 360.7594. 2
3. To be eligible for transferable tax credits pursuant to this 3
section, a production company must: 4
(a) Submit an application that meets the requirements of 5
subsection 4; 6
(b) Provide proof satisfactory to the Office that the qualified 7
production is in the economic interest of the State; 8
(c) Provide proof satisfactory to the Office that 70 percent or 9
more of the funding for the qualified production has been obtained; 10
(d) Provide proof satisfactory to the Office that at least 60 11
percent of the direct production expenditures for: 12
(1) Preproduction; 13
(2) Production; and 14
(3) If any direct production expenditure s for postproduction 15
will be incurred in this State, postproduction, 16
 of the qualified production will be incurred in this State as 17
qualified direct production expenditures; 18
(e) Not later than 270 days after the completion of principal 19
photography of the qualified production or, if any direct production 20
expenditures for postproduction will be incurred in this State, not 21
later than 270 days after the completion of postproduction, unless 22
the Office agrees to extend this period by not more than 90 days, 23
provide the Office with an audit of the qualified production that 24
includes an itemized report of qualified direct production 25
expenditures which: 26
(1) Shows that the qualified production incurred qualified 27
direct production expenditures of $500,000 or more; and 28
(2) Is certified by an independent certified public accountant 29
in this State who is approved by the Office; 30
(f) Pay the cost of the audit required by paragraph (e); 31
(g) Enter into a written agreement with the Office that requires 32
the production company to include: 33
(1) In the end screen credits of the qualified production, a 34
logo of this State provided by the Office which indicates that the 35
qualified production was filmed or otherwise produced in Nevada; 36
or 37
(2) If the qualified production does not have end screen 38
credits, another acknowledgment in the final version of the qualified 39
production which indicates that the qualified production was filmed 40
or otherwise produced in Nevada; and 41
(h) Meet any other requirements prescribed by regulation 42
pursuant to this section. 43
4. An application submitted pursuant to subsection 3 must 44
contain: 45

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- *SB403_R2*
(a) A script, storyboard or synopsis of the qualified production; 1
(b) The names of the production company, producer, director 2
and proposed cast; 3
(c) An estimated timeline to complete the qualified production; 4
(d) A summary of the budgeted expenditures for the entire 5
production, including projected expenditures to be incurred outside 6
of Nevada; 7
(e) Details regarding the financing of the project, including, 8
without limitation, any information relating to a binding financing 9
commitment, loan application, commitment letter or investment 10
letter; 11
(f) An insurance certificate, binder or quote for general liability 12
insurance of $1,000,000 or more; 13
(g) The business address of the production company; 14
(h) Proof that the qualified production meets any applicable 15
requirements relating to workers’ compensation insurance; 16
(i) Proof that the production company has secured all licenses 17
and registrations required to do busines s in each location in this 18
State at which the qualified production will be produced; and 19
(j) Any other information required by regulations adopted by the 20
Office pursuant to subsection [8.] 9. 21
5. In addition to meeting the requirements set forth in 22
subsection 3, the Office may require a production company to 23
enter into an agreement with the Office that incorporates a plan 24
by the production company to provide work-based learning 25
opportunities to pup ils enrolled in public high schools in this 26
State, which may include, without limitation, a proposal to offer 27
work-based learning opportunities with the qualified production 28
or to provide for employees of the production company to serve as 29
full-time or par t-time instructors for career and technical 30
education courses. 31
6. If the Office approves an application for a certificate of 32
eligibility for transferable tax credits pursuant to this section, the 33
Office shall immediately forward a copy of the certificate of 34
eligibility which identifies the estimated amount of the tax credits 35
available pursuant to NRS 360.7592 to: 36
(a) The applicant; 37
(b) The Department; and 38
(c) The Nevada Gaming Control Board. 39
[6.] 7. Within 60 business days after receipt of an audit 40
provided by a production company pursuant to paragraph (e) of 41
subsection 3 and any other accountings or other information 42
required by the Office, the Office shall determine whether to certify 43
the audit and make a final determination of whether a certificate of 44
transferable tax credits will be issued. If the Office certifies the 45

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- *SB403_R2*
audit, determines that all other requirements for the transferable tax 1
credits have been met and determines that a certificate of 2
transferable tax credits will be issued, the Office s hall notify the 3
production company that the transferable tax credits will be issued. 4
Within 30 days after the receipt of the notice, the production 5
company shall make an irrevocable declaration of the amount of 6
transferable tax credits that will be applied to each fee or tax set 7
forth in subsection 1, thereby accounting for all of the credits which 8
will be issued. Upon receipt of the declaration, the Office shall issue 9
to the production company a certificate of transferable tax credits in 10
the amount approved by the Office for the fees or taxes included in 11
the declaration of the production company. The production company 12
shall notify the Office upon transferring any of the transferable tax 13
credits. The Office shall notify the Department and the Nevada 14
Gaming Control Board of all transferable tax credits issued, 15
segregated by each fee or tax set forth in subsection 1, and the 16
amount of any transferable tax credits transferred. 17
[7.] 8. An applicant for transferable tax credits pursuant to this 18
section shall, u pon the request of the Executive Director of the 19
Office, furnish the Executive Director with copies of all records 20
necessary to verify that the applicant meets the requirements of 21
subsection 3. 22
[8.] 9. The Office: 23
(a) Shall adopt regulations prescribing: 24
(1) Any additional requirements to receive transferable tax 25
credits; 26
(2) Any additional qualified expenditures or production costs 27
that may serve as the basis for transferable tax credits pursuant to 28
NRS 360.7591; 29
(3) Any additional information that must be included with an 30
application pursuant to subsection 4; 31
(4) The application review process; 32
(5) Any type of qualified production which, due to obscene 33
or sexually explicit material, is not eligible for transferable tax 34
credits; and 35
(6) The requirements for notice pursuant to NRS 360.7595; 36
and 37
(b) May adopt any other regulations that are necessary to carry 38
out the provisions of NRS 360.758 to 360.7598, inclusive. 39
[9.] 10. The Nevada Tax Commission and the Nevada Gaming 40
Commission: 41
(a) Shall adopt regulations prescribing the manner in which 42
transferable tax credits will be administered. 43
(b) May adopt any other regulations that are necessary to carry 44
out the provisions of NRS 360.758 to 360.7598, inclusive. 45

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- *SB403_R2*
Sec. 18. NRS 360.888 is hereby amended to read as follows: 1
360.888 “Qualified project” means a project which the Office 2
of Economic Development determines meets all the requirements 3
set forth in subsections 2, 3, [5 and] 4, 6 and 7 of NRS 360.889. 4
Sec. 19. NRS 360.889 is hereby amended to read as follows: 5
360.889 1. On behalf of a project, the lead participant in the 6
project may apply to the Office of Economic Development for: 7
(a) A certificate of eligibility for transferable tax credits which 8
may be applied to: 9
(1) Any tax imposed by chapters 363A and 363B of NRS; 10
(2) The gaming license fees imposed by the provisions of 11
NRS 463.370; 12
(3) Any tax imposed by chapter 680B of NRS; or 13
(4) Any combination of the fees and taxes described in 14
subparagraphs (1), (2) and (3). 15
(b) A partial abatement of property taxes, employer excise taxes 16
or local sales and use taxes, or any combination of any of those 17
taxes. 18
2. For a project to be eligible for the transferable tax credits 19
described in paragraph (a) of subsection 1 and the partial abatement 20
of the taxes described in paragraph (b) of subsection 1, the lead 21
participant in the project must, on behalf of the project: 22
(a) Submit an application that meets the requirement s of 23
subsection [5;] 6; 24
(b) Provide documentation satisfactory to the Office that 25
approval of the application would promote the economic 26
development of this State and aid the implementation of the State 27
Plan for Economic Development developed by the Execu tive 28
Director of the Office pursuant to subsection 2 of NRS 231.053; 29
(c) Provide documentation satisfactory to the Office that the 30
participants in the project collectively will make a total new capital 31
investment of at least $1 billion in this State withi n the 10 -year 32
period immediately following approval of the application; 33
(d) Provide documentation satisfactory to the Office that the 34
participants in the project are engaged in a common business 35
purpose or industry; 36
(e) Provide documentation satisfactory to the Office that the 37
place of business of each participant is or will be located within the 38
geographic boundaries of the project site or sites; 39
(f) Provide documentation satisfactory to the Office that each 40
participant in the project is registered purs uant to the laws of this 41
State or commits to obtaining a valid business license and all other 42
permits required by the county, city or town in which the project 43
operates; 44

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- *SB403_R2*
(g) Provide documentation satisfactory to the Office of the 1
number of employees engaged in the construction of the project; 2
(h) Provide documentation satisfactory to the Office of the 3
number of qualified employees employed or anticipated to be 4
employed at the project by the participants; 5
(i) Provide documentation satisfactory to the Offi ce that each 6
employer engaged in the construction of the project provides a plan 7
of health insurance and that each employee engaged in the 8
construction of the project is offered coverage under the plan of 9
health insurance provided by his or her employer; 10
(j) Provide documentation satisfactory to the Office that each 11
participant in the project provides a plan of health insurance and that 12
each employee employed at the project by each participant is 13
offered coverage under the plan of health insurance provided by his 14
or her employer; 15
(k) Provide documentation satisfactory to the Office that at least 16
50 percent of the employees engaged in construction of the project 17
and 50 percent of the employees employed at the project are 18
residents of Nevada, unless waived by the Executive Director of the 19
Office upon proof satisfactory to the Executive Director of the 20
Office that there is an insufficient number of Nevada residents 21
available and qualified for such employment; 22
(l) Agree to provide the Office with a full compliance audit of 23
the participants in the project at the end of each fiscal year which: 24
(1) Shows the amount of money invested in this State by 25
each participant in the project; 26
(2) Shows the number of employees engaged in the 27
construction of the proj ect and the number of those employees who 28
are residents of Nevada; 29
(3) Shows the number of employees employed at the project 30
by each participant and the number of those employees who are 31
residents of Nevada; and 32
(4) Is certified by an independent cert ified public accountant 33
in this State who is approved by the Office; 34
(m) Pay the cost of the audit required by paragraph (l); 35
(n) Enter into an agreement with the governing body of the city 36
or county in which the qualified project is located that: 37
(1) Requires the lead participant to pay the cost of any 38
engineering or design work necessary to determine the cost of 39
infrastructure improvements required to be made by the governing 40
body pursuant to an economic development financing proposal 41
approved pursuant to NRS 360.990; and 42
(2) Requires the lead participant to seek reimbursement for 43
any costs paid by the lead participant pursuant to subparagraph (1) 44
from the proceeds of bonds issued pursuant to NRS 360.991; and 45

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- *SB403_R2*
(o) Meet any other requirements prescribed by the Office. 1
3. In addition to meeting the requirements set forth in 2
subsection 2, for a project located on more than one site in this State 3
to be eligible for the partial abatement of the taxes described in 4
paragraph (b) of subsection 1, the lead participant must, on behalf of 5
the project, submit an application that meets the requirements of 6
subsection [5] 6 on or before June 30, 2019, and provide 7
documentation satisfactory to the Office that: 8
(a) The initial project will have a total of 500 or mor e full-time 9
employees employed at the site of the initial project and the average 10
hourly wage that will be paid to employees of the initial project in 11
this State is at least 120 percent of the average statewide hourly 12
wage as established by the Employment Security Division of the 13
Department of Employment, Training and Rehabilitation on July 1 14
of each fiscal year; 15
(b) Each participant in the project must be a subsidiary or 16
affiliate of the lead participant; and 17
(c) Each participant offers primary jobs and: 18
(1) Except as otherwise provided in subparagraph (2), 19
satisfies the requirements of paragraph (f) or (g) of subsection 2 of 20
NRS 360.750, regardless of whether the business is a new business 21
or an existing business; and 22
(2) If a participant owns, opera tes, manufactures, services, 23
maintains, tests, repairs, overhauls or assembles an aircraft or any 24
component of an aircraft, that the participant satisfies the applicable 25
requirements of paragraph (f) or (g) of subsection 2 of 26
NRS 360.753. 27
 If any participant is a data center, as defined in NRS 360.754, any 28
capital investment by that participant must not be counted in 29
determining whether the participants in the project collectively will 30
make a total new capital investment of at least $1 billion in this 31
State within the 10 -year period immediately following approval of 32
the application, as required by paragraph (c) of subsection 2. 33
4. In addition to meeting the requirements set forth in 34
subsection 2, the Office may require the lead participant in the 35
project, on behalf of the project, to enter into an agreement with 36
the Office that incorporates a plan by the participants in the 37
project to provide work-based learning opportunities to pupils 38
enrolled in public high schools in this State, which may include, 39
without limitation, a proposal to offer work -based learning 40
opportunities at the project or to provide for employees of the 41
participants to serve as full-time or part-time instructors for career 42
and technical education courses. 43
5. In addition to meeting the requirements set forth in 44
subsection 2, a project is eligible for the transferable tax credits 45

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described in paragraph (a) of subsection 1 only if the Interim 1
Finance Committee approves a written request for the issuance of 2
the transferable tax credits. Suc h a request may only be submitted 3
by the Office and only after the Office has approved the application 4
submitted for the project pursuant to subsection 2. The Interim 5
Finance Committee may approve a request submitted pursuant to 6
this subsection only if the Interim Finance Committee determines 7
that approval of the request: 8
(a) Will not impede the ability of the Legislature to carry out its 9
duty to provide for an annual tax sufficient to defray the estimated 10
expenses of the State for each fiscal year as set forth in Article 9, 11
Section 2 of the Nevada Constitution; and 12
(b) Will promote the economic development of this State and 13
aid the implementation of the State Plan for Economic Development 14
developed by the Executive Director of the Office pursuant to 15
subsection 2 of NRS 231.053. 16
[5.] 6. An application submitted pursuant to subsection 2 must 17
include: 18
(a) A detailed description of the project, including a description 19
of the common purpose or business endeavor in which the 20
participants in the project are engaged; 21
(b) A detailed description of the location of the project, 22
including a precise description of the geographic boundaries of the 23
project site or sites; 24
(c) The name and business address of each participant in the 25
project, which must be an address in this State; 26
(d) A detailed description of the plan by which the participants 27
in the project intend to comply with the requirement that the 28
participants collectively make a total new capital investment of at 29
least $1 billion in this State in the 10 -year p eriod immediately 30
following approval of the application; 31
(e) If the application includes one or more partial abatements, an 32
agreement executed by the Office with the lead participant in the 33
project not later than 1 year after the date on which the applica tion 34
was received by the Office which: 35
(1) Complies with the requirements of NRS 360.755; 36
(2) States the date on which the partial abatement becomes 37
effective, as agreed to by the applicant and the Office, which must 38
not be earlier than the date on whi ch the Office received the 39
application and not later than 1 year after the date on which the 40
Office approves the application; 41
(3) States that the project will, after the date on which a 42
certificate of eligibility for the partial abatement is approved 43
pursuant to NRS 360.893, continue in operation in this State for a 44
period specified by the Office; and 45

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(4) Binds successors in interest of the lead participant for the 1
specified period; and 2
(f) Any other information required by the Office. 3
[6.] 7. For an employee to be considered a resident of Nevada 4
for the purposes of this section, each participant in the project must 5
maintain the following documents in the personnel file of the 6
employee: 7
(a) A copy of the: 8
(1) Current and valid Nevada driver’s li cense of the 9
employee originally issued by the Department of Motor Vehicles 10
more than 60 days before the hiring of the employee or a current and 11
valid identification card for the employee originally issued by the 12
Department of Motor Vehicles more than 60 d ays before the hiring 13
of the employee; or 14
(2) If the employee is a veteran of the Armed Forces of the 15
United States, a current and valid Nevada driver’s license of the 16
employee or a current and valid identification card for the employee 17
issued by the Department of Motor Vehicles; 18
(b) If the employee is a registered owner of one or more motor 19
vehicles in Nevada, a copy of the current motor vehicle registration 20
of at least one of those vehicles; 21
(c) Proof that the employee is employed full-time and scheduled 22
to work for an average minimum of 30 hours per week; and 23
(d) Proof that the employee is offered coverage under a plan of 24
health insurance provided by his or her employer. 25
[7.] 8. For the purpose of obtaining from the Executive 26
Director of the Office any waiver of the requirement set forth in 27
paragraph (k) of subsection 2, the lead participant in the project 28
must submit to the Executive Director of the Office written 29
documentation of the efforts to meet the requirement and 30
documented proof that an insufficient number of Nevada residents is 31
available and qualified for employment. 32
[8.] 9. The Executive Director of the Office shall make 33
available to the public and post on the Internet website of the Office: 34
(a) Any request for a waiver of the requirements set forth in 35
paragraph (k) of subsection 2; and 36
(b) Any approval of such a request for a waiver that is granted 37
by the Executive Director of the Office. 38
[9.] 10. The Executive Director of the Office shall post a 39
request for a waiver of the requirements set forth in paragraph (k) of 40
subsection 2 on the Internet website of the Office within 3 days after 41
receiving the request and shall keep the request posted on the 42
Internet website for not less than 5 days. The Executive Director of 43
the Office shall ensure that the Internet website allows members of 44
the public to post comments regarding the request. 45

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[10.] 11. The Executive Director of the Office shall consider 1
any comments posted on the Internet website concerning any 2
request for a waiver of the requirements set forth in paragraph (k) of 3
subsection 2 before making a decision regarding whether to approve 4
the request. If the Executive Director of the Office approves the 5
request for a waiver, the Executive Director of the Office must post 6
the approval on the Internet website of the Office within 3 days and 7
ensure that the Internet website allows members of the public to post 8
comments regarding the approval. 9
[11.] 12. If an applicant for one or more partial abatements 10
pursuant to this section fai ls to execute the agreement described in 11
paragraph (e) of subsection [5] 6 within 1 year after the date on 12
which the application was received by the Office, the applicant shall 13
not be approved for a partial abatement pursuant to this section 14
unless the applicant submits a new application. 15
Sec. 20. NRS 360.891 is hereby amended to read as follows: 16
360.891 1. If the Office of Economic Development approves 17
an application for a certificate of eligibility for transferable tax 18
credits submitted pursuant to paragraph (a) of subsection 1 of NRS 19
360.889 and the Interim Finance Committee approves a written 20
request for the issuance of transferable tax credits pursuant to 21
subsection [4] 5 of NRS 360.889, the Office shall immediately 22
forward a copy of the certificate of eligibility which identifies the 23
estimated amount of the tax credits available pursuant to this section 24
to: 25
(a) The lead participant in the qualified project; 26
(b) The Department; and 27
(c) The Nevada Gaming Control Board. 28
2. Within 14 business days after receipt of an audit provided by 29
the lead participant in the qualified project pursuant to paragraph (l) 30
of subsection 2 of NRS 360.889 and any other accountings or other 31
information required by the Office, the Office s hall determine 32
whether to certify the audit and make a final determination of 33
whether a certificate of transferable tax credits will be issued. If the 34
Office certifies the audit and determines that all other requirements 35
for the transferable tax credits have been met, the Office shall notify 36
the lead participant in the qualified project that the transferable tax 37
credits will be issued. Within 30 days after the receipt of the notice, 38
the lead participant in the qualified project shall make an irrevocable 39
declaration of the amount of transferable tax credits that will be 40
applied to each fee or tax set forth in subparagraphs (1), (2) and (3) 41
of paragraph (a) of subsection 1 of NRS 360.889, thereby 42
accounting for all of the credits which will be issued. Upon rec eipt 43
of the declaration, the Office shall issue to the lead participant a 44
certificate of transferable tax credits in the amount approved by the 45

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Office for the fees or taxes included in the declaration. The lead 1
participant shall notify the Department upon transferring any of the 2
transferable tax credits. The Office shall notify the Department and 3
the Nevada Gaming Control Board of all transferable tax credits 4
issued, segregated by each fee or tax set forth in subparagraphs (1), 5
(2) and (3) of paragraph (a) of subsection 1 of NRS 360.889. The 6
Department shall notify the Office and the Nevada Gaming Control 7
Board of the amount of any transferable tax credits transferred. 8
3. A qualified project may be approved for a certificate of 9
eligibility for transferable tax credits in the amount of $9,500 for 10
each qualified employee, up to a maximum of 4,000 qualified 11
employees. 12
4. For the purpose of computing the amount of transferable tax 13
credits for which a qualified project is eligible pursuant to 14
subsection 3: 15
(a) Each qualified employee must be: 16
(1) Employed by a participant at the site of the qualified 17
project. 18
(2) Employed full-time and scheduled to work for an average 19
minimum of 30 hours per week. 20
(3) Employed for at least the last 3 consecutive months of the 21
fiscal year. 22
(4) Offered coverage under a plan of health insurance 23
provided by his or her employer. 24
(b) The wages for federal income tax purposes reported or 25
required to be reported on Form W -2 of the qualified employees of 26
the qualified project must be paid at an average rate of $22 per hour. 27
(c) An employee engaged solely in the construction of the 28
qualified project is deemed not to be a qualified employee. 29
Sec. 21. NRS 360.894 is hereby amended to read as follows: 30
360.894 1. The lead participant in a qualified project shall, 31
upon the request of the Office of Economic Development, furnish 32
the Office with copies of all records necessary to verify that the 33
qualified project meets the eligibility requirements for any 34
transferable tax credits issued pursuant to NRS 360.891 and the 35
partial abatement of any taxes pursuant to NRS 360.893. 36
2. The lead participant shall repay to the Department or the 37
Nevada Gaming Control Board, as applicable, any portion of the 38
transferable tax credits to which the lead participant is not entitled 39
if: 40
(a) The participants in the qualified project collectively fail to 41
make the investment in this State necessary to support the 42
determination by the Executive Director of the Office of Ec onomic 43
Development that the project is a qualified project; 44

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(b) The participants in the qualified project collectively fail to 1
employ the number of qualified employees identified in the 2
certificate of eligibility approved for the qualified project; 3
(c) The lead participant submits any false statement, 4
representation or certification in any document submitted for the 5
purpose of obtaining transferable tax credits; or 6
(d) The lead participant otherwise becomes ineligible for 7
transferable tax credits after r eceiving the transferable tax credits 8
pursuant to NRS 360.880 to 360.896, inclusive. 9
3. Transferable tax credits purchased in good faith are not 10
subject to forfeiture unless the transferee submitted fraudulent 11
information in connection with the purchase. 12
4. Notwithstanding any provision of this chapter or chapter 361 13
of NRS, if the lead participant in a qualified project for which a 14
partial abatement has been approved pursuant to NRS 360.893 and 15
is in effect: 16
(a) Fails to meet the requirements for elig ibility pursuant to that 17
section; or 18
(b) Ceases operation before the time specified in the agreement 19
described in paragraph (e) of subsection [5] 6 of NRS 360.889, 20
 the lead participant shall repay to the Department or, if the partial 21
abatement is from the property tax imposed by chapter 361 of NRS, 22
to the appropriate county treasurer, the amount of the partial 23
abatement that was allowed to the lead participant pursuant to NRS 24
360.893 before the failure of the lead participant to meet the 25
requirements for eligibility. Except as otherwise provided in NRS 26
360.232 and 360.320, the lead participant shall, in addition to the 27
amount of the partial abatement required to be repaid by the lead 28
participant pursuant to this subsection, pay interest on the amount 29
due from the lead participant at the rate most recently established 30
pursuant to NRS 99.040 for each month, or portion thereof, from the 31
last day of the month following the period for which the payment 32
would have been made had the partial abatement not been app roved 33
until the date of payment of the tax. 34
5. The Secretary of State may, upon application by the 35
Executive Director of the Office, revoke or suspend the state 36
business license of the lead participant in a qualified project which 37
is required to repay an y portion of transferable tax credits pursuant 38
to subsection 2 or the amount of any partial abatement pursuant to 39
subsection 4 and which the Office determines is not in compliance 40
with the provisions of this section governing repayment. If the state 41
business license of the lead participant in a qualified project is 42
suspended or revoked pursuant to this subsection, the Secretary of 43
State shall provide written notice of the action to the lead 44
participant. The Secretary of State shall not reinstate a state business 45

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license suspended pursuant to this subsection or issue a new state 1
business license to the lead participant whose state business license 2
has been revoked pursuant to this subsection unless the Executive 3
Director of the Office provides proof satisfactory to the Secretary of 4
State that the lead participant is in compliance with the requirements 5
of this section governing repayment. 6
Sec. 22. NRS 360.940 is hereby amended to read as follows: 7
360.940 “Qualified project” m eans a project which the Office 8
of Economic Development determines meets all the requirements 9
set forth in subsections 2 [, 3 and 4 ] to 5, inclusive, of NRS 10
360.945. 11
Sec. 23. NRS 360.945 is hereby amended to read as follows: 12
360.945 1. On behalf of a project, the lead participant in the 13
project may apply to the Office of Economic Development for: 14
(a) A certificate of eligibility for transferable tax credits which 15
may be applied to: 16
(1) Any tax imposed by chapters 363A and 363B of NRS; 17
(2) The gaming license fees imposed by the provisions of 18
NRS 463.370; 19
(3) Any tax imposed by chapter 680B of NRS; or 20
(4) Any combination of the fees and taxes described in 21
subparagraphs (1), (2) and (3). 22
(b) An abatement of property taxes, employer excise taxes or 23
local sales and use taxes, or any combination of any of those taxes. 24
2. For a project to be eligible for the transferable tax credits 25
described in paragraph (a) of subsection 1 and abatement of the 26
taxes described in paragraph (b) of subsection 1, the lead participant 27
in the project must, on behalf of the project: 28
(a) Submit an application that meets the requirements of 29
subsection 3; 30
(b) Provide documentation satisfactory to the Office that 31
approval of the applic ation would promote the economic 32
development of this State and aid the implementation of the State 33
Plan for Economic Development developed by the Executive 34
Director of the Office pursuant to subsection 2 of NRS 231.053; 35
(c) Provide documentation satisfact ory to the Office that the 36
participants in the project collectively will make a total new capital 37
investment of at least $3.5 billion in this State within the 10 -year 38
period immediately following approval of the application; 39
(d) Provide documentation sati sfactory to the Office that the 40
participants in the project are engaged in a common business 41
purpose or industry; 42
(e) Provide documentation satisfactory to the Office that the 43
place of business of each participant is or will be located within the 44
geographic boundaries of the project site; 45

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(f) Provide documentation satisfactory to the Office that each 1
participant in the project is registered pursuant to the laws of this 2
State or commits to obtaining a valid business license and all other 3
permits required b y the county, city or town in which the project 4
operates; 5
(g) Provide documentation satisfactory to the Office of the 6
number of employees engaged in the construction of the project; 7
(h) Provide documentation satisfactory to the Office of the 8
number of qu alified employees employed or anticipated to be 9
employed at the project by the participants; 10
(i) Provide documentation satisfactory to the Office that each 11
employer engaged in the construction of the project provides a plan 12
of health insurance and that ea ch employee engaged in the 13
construction of the project is offered coverage under the plan of 14
health insurance provided by his or her employer; 15
(j) Provide documentation satisfactory to the Office that each 16
participant in the project provides a plan of health insurance and that 17
each employee employed at the project by each participant is 18
offered coverage under the plan of health insurance provided by his 19
or her employer; 20
(k) Provide documentation satisfactory to the Office that at least 21
50 percent of the e mployees engaged in construction of the project 22
and 50 percent of the employees employed at the project are 23
residents of Nevada, unless waived by the Executive Director of the 24
Office upon proof satisfactory to the Executive Director of the 25
Office that ther e is an insufficient number of Nevada residents 26
available and qualified for such employment; 27
(l) Agree to provide the Office with a full compliance audit of 28
the participants in the project at the end of each fiscal year which: 29
(1) Shows the amount of mo ney invested in this State by 30
each participant in the project; 31
(2) Shows the number of employees engaged in the 32
construction of the project and the number of those employees who 33
are residents of Nevada; 34
(3) Shows the number of employees employed at th e project 35
by each participant and the number of those employees who are 36
residents of Nevada; and 37
(4) Is certified by an independent certified public accountant 38
in this State who is approved by the Office; 39
(m) Pay the cost of the audit required by paragraph (l); 40
(n) Enter into an agreement with the governing body of the city 41
or county in which the qualified project is located that: 42
(1) Requires the lead participant to pay the cost of any 43
engineering or design work necessary to determine the cost of 44
infrastructure improvements required to be made by the governing 45

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body pursuant to an economic development financing proposal 1
approved pursuant to NRS 360.990; and 2
(2) Requires the lead participant to seek reimbursement for 3
any costs paid by the lead partici pant pursuant to subparagraph (1) 4
from the proceeds of bonds of the State of Nevada issued pursuant 5
to NRS 360.991; and 6
(o) Meet any other requirements prescribed by the Office. 7
3. An application submitted pursuant to subsection 2 must 8
include: 9
(a) A detailed description of the project, including a description 10
of the common purpose or business endeavor in which the 11
participants in the project are engaged; 12
(b) A detailed description of the location of the project, 13
including a precise description of the geographic boundaries of the 14
project site; 15
(c) The name and business address of each participant in the 16
project, which must be an address in this State; 17
(d) A detailed description of the plan by which the participants 18
in the project intend to comply with the requirement that the 19
participants collectively make a total new capital investment of at 20
least $3.5 billion in this State in the 10 -year period immediately 21
following approval of the application; 22
(e) If the application includes one or more abatements, an 23
agreement executed by the Office with the lead participant in the 24
project not later than 1 year after the date on which the application 25
was received by the Office which: 26
(1) Complies with the requirements of NRS 360.755; 27
(2) States that the project will, after the date on which a 28
certificate of eligibility for the abatement is approved pursuant to 29
NRS 360.965, continue in operation in this State for a period 30
specified by the Office; and 31
(3) Binds successors in interest of the lead participant for the 32
specified period; and 33
(f) Any other information required by the Office. 34
4. In addition to meeting the requirements set forth in 35
subsection 2, the Office may require the lead participant in the 36
project, on behalf of the project, to enter into an agreement with 37
the Office that incorporates a plan by the participants in the 38
project to provide work-based learning opportunities to pupils 39
enrolled in public high schools in this State, which may include, 40
without limitation, a proposal to offer work -based learning 41
opportunities at the project or to provide for employees of the 42
participants to serve as full-time or part-time instructors for career 43
and technical education courses. 44

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5. For an employee to be considered a resident of Nevada for 1
the purposes of this section, each participant in the project must 2
maintain the following documents in the personnel file of the 3
employee: 4
(a) A copy of the current and valid Nevada driver’s license of 5
the employee or a current and valid identification card for the 6
employee issued by the Department of Motor Vehicles; 7
(b) If the employee is a registered owner of one or more motor 8
vehicles in Nevada, a copy of the current motor vehicle registration 9
of at least one of those vehicles; 10
(c) Proof that the employee is employed full-time and scheduled 11
to work for an average minimum of 30 hours per week; and 12
(d) Proof that the employee is offered coverage under a plan of 13
health insurance provided by his or her employer. 14
[5.] 6. For the purpose of obtaining from the Executive 15
Director of the Office any waiver of the requirement set forth in 16
paragraph (k) of su bsection 2, the lead participant in the project 17
must submit to the Executive Director of the Office written 18
documentation of the efforts to meet the requirement and 19
documented proof that an insufficient number of Nevada residents is 20
available and qualified for employment. 21
[6.] 7. The Executive Director of the Office shall make 22
available to the public and post on the Internet website for the 23
Office: 24
(a) Any request for a waiver of the requirements set forth in 25
paragraph (k) of subsection 2; and 26
(b) Any approval of such a request for a waiver that is granted 27
by the Executive Director of the Office. 28
[7.] 8. The Executive Director of the Office shall post a 29
request for a waiver of the requirements set forth in paragraph (k) of 30
subsection 2 on the Internet website of the Office within 3 days after 31
receiving the request and shall keep the request posted on the 32
Internet website for not less than 5 days. The Executive Director of 33
the Office shall ensure that the Internet website allows members of 34
the public to post comments regarding the request. 35
[8.] 9. The Executive Director of the Office shall consider any 36
comments posted on the Internet website concerning any request for 37
a waiver of the requirements set forth in paragraph (k) of subsection 38
2 before making a decision regarding whether to approve the 39
request. If the Executive Director of the Office approves the request 40
for a waiver, the Executive Director of the Office must post the 41
approval on the Internet website of the Office within 3 days and 42
ensure that the Internet website allows members of the public to post 43
comments regarding the approval. 44

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[9.] 10. If an applicant for one or more abatements pursuant to 1
this section fails to execute the agreement described in paragraph (e) 2
of subsection 3 within 1 year after the date on which the application 3
was received by the Office, the applicant shall not be approved for 4
an abatement pursuant to this section unless the applicant submits a 5
new application. 6
Sec. 24. 1. There is hereby appropriated from the State 7
General Fund to the Department of Education for one staff position 8
to oversee the implementation of recommendations made by the 9
Commission on Innovation and Excellence in Education pursua nt to 10
NRS 385.920 the following sums: 11
For the Fiscal Year 2025-2026 .................................... $68,910 12
For the Fiscal Year 2026-2027 .................................... $68,910 13
2. Any balance of the sums appropriated by subsection 1 14
remaining at the end of the respective fiscal years must not be 15
committed for expenditure after June 30 of the respective fiscal 16
years by the entity to which the appropriation is made or any entity 17
to which money from the appropriation is granted or otherwise 18
transferred in any manner, and any portion of the appropriated 19
money remaining must not be spent for any purpose after 20
September 18, 2026 , and September 17, 2027, respectively, by 21
either the entity to which the money was appropriated or the e ntity 22
to which the money was subsequently granted or transferred, and 23
must be reverted to the State General Fund on or before 24
September 18, 2026, and September 17, 2027, respectively. 25
Sec. 25. 1. There is hereby appro priated from the State 26
General Fund to the Department of Education the sum of 27
$2,250,000 to enter into a contract with a qualified entity to: 28
(a) Provide professional development to teachers and 29
administrators regarding the implementation of personalized, 30
competency-based learning programs and the redesign of schools 31
and school cultures to create higher -performing programs of 32
personalized, competency-based learning; and 33
(b) Assist the Commission on Innovation and Excellence in 34
Education in developing recommendations pursuant to NRS 35
385.920 and assist the Department in implementing such 36
recommendations. 37
2. Any remaining balance of the appropriation made by 38
subsection 1 must not be committed for expenditure after June 30, 39
2027, by the entity to which the appropriation is made or any entity 40
to which money from the appropriation is granted or otherwise 41
transferred in any manner, and any portion of the appropriated 42
money remaining must not be spent for any purpose after 43
September 17, 2027 , by either the entity to which the money was 44
appropriated or the entity to which the money was subsequently 45

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granted or transferred, and must be reverted to the State General 1
Fund on or before September 17, 2027. 2
Sec. 25.5. 1. There is hereby appropriated from the State 3
General Fund to the Department of Education for personnel and 4
operating costs to carry out the provisions of this act the following 5
sums: 6
For the Fiscal Year 2025-2026 .................................. $222,763 7
For the Fiscal Year 2026-2027 .................................. $279,956 8
2. Any balance of the sums appropriated by subsection 1 9
remaining at the end of the respective fiscal years must not be 10
committed for expenditure after June 30 of the respective fiscal 11
years by the entity to which the appropriation is made or any entity 12
to which money from the appropriation is granted or otherwise 13
transferred in any manner, and any portion of the appropriated 14
money remaining must not be spent for any purpose after 15
September 18, 2026, and September 17, 2027, respectively, by 16
either the entity to which the money was appropriated or the entity 17
to which the money was subsequently granted or transferred, and 18
must be reverted to the State General Fund on or before 19
September 18, 2026, and September 17, 2027, respectively. 20
Sec. 26. 1. There is hereby appropriated from the State 21
General Fund to the Commission on Innovation and Excellence in 22
Education created by NRS 385.910 for travel expenses of the 23
members of the Commission and the members of the Subcomm ittee 24
on Metrics created by section 1 of this act the following sums: 25
For the Fiscal Year 2025-2026 .................................... $25,000 26
For the Fiscal Year 2026-2027 .................................... $25,000 27
2. Any balance of the sums appropriated by subsection 1 28
remaining at the end of the respective fiscal years must not be 29
committed for expenditure after June 30 of the respective fiscal 30
years by the entity to which the appropriation is made or any entity 31
to which money from the appropriation is granted or otherwise 32
transferred in any manner, and any portion of th e appropriated 33
money remaining must not be spent for any purpose after 34
September 18, 2026, and September 17, 2027, respectively, by 35
either the entity to which the money was appropriated or the entity 36
to which the money was subsequently granted or transfer red, 37
and must be reverted to the State General Fund on or before 38
September 18, 2026, and September 17, 2027, respectively. 39
Sec. 27. (Deleted by amendment.) 40
Sec. 27.5. NRS 389.210 and 389.230 are hereby repealed. 41
Sec. 28. 1. This act becomes effective on July 1, 2025. 42
2. Sections 18 to 21, inclusive, of this act expire by limitation 43
on June 30, 2032. 44
3. Section 15 of this act expires by limitation on June 30, 2035. 45

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4. Sections 22 and 23 of this act expire by limitation on 1
June 30, 2036. 2
5. Sections 8.5 and 16 of this act expire by limitation on 3
December 31, 2056. 4

TEXT OF REPEALED SECTIONS

389.210 Establishment of pilot program to provide
competency-based education; regulations; requirements for
schools selected to participate in program.
1. The Department shall establish a pilot program to provide
competency-based education.
2. The State Board shall adopt regulations that prescribe:
(a) The process for submission of an application by the board of
trustees of a school district or the governing body of a charter school
to participate in the pilot program; and
(b) The qualifications and conditions for participation by a
school in the pilot program, including, without limitation:
(1) A commitment by the school district or charter school to
implement competency -based education for not less than 5 years;
and
(2) Evidence of support for the implementation of
competency-based education by the community served by the
school district or charter school.
3. A school selected to participate in the pilot program to
provide competency-based education shall:
(a) Implement a system of instruction by which a pupil advances
to a higher level of learning when the pupil demonstrates mastery of
a concept or skill;
(b) Establish concrete skills on which a pupil will be evaluated
that include explicit, measurable and transferable learning
objectives;
(c) Ensure that assessment is a meaningful and posit ive learning
experience for pupils;
(d) Ensure that pupils receive timely and differentiated support
based upon their individual learning needs; and
(e) Ensure that pupils are able to apply knowledge learned,
create new knowledge and develop important skills and dispositions
relating to such knowledge.
4. If at least one application to participate in the pilot program
is made on behalf of a school that primarily serves pupils who are at
risk or credit deficient, or in need of credit retrieval, the Depar tment

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must select at least one such school to participate in the pilot
program.
5. As used in this section, a pupil is “at risk” if the pupil has an
economic or academic disadvantage such that he or she requires
special services and assistance to enable him or her to succeed in
educational programs. The term includes, without limitation, pupils
who are members of economically disadvantaged families, pupils
who are English learners, pupils who are at risk of dropping out of
high school and pupils who do n ot meet minimum standards of
academic proficiency. The term does not include a pupil with a
disability.
389.230 Public campaign to raise awareness; meetings to
inform superintendents of school districts; distribution of
available money to carry out program.
1. The Department of Education shall:
(a) Conduct a public campaign to raise awareness about
competency-based education.
(b) Conduct one or more meetings with the superintendents of
the school districts for the purpose of increasing:
(1) Understanding of competency-based education; and
(2) Interest in implementing a system of competency -based
education.
2. To the extent that money is available for that purpose, the
Department of Education may, through a competitive grants
program, distribute a ny money appropriated to the Department to
carry out the pilot program to provide competency -based education
established pursuant to NRS 389.210. Grants must be awarded by
the Department to schools selected to participate in the program
based upon money available for this purpose.

H