DISTRICT COURT CIVIL COVER SHEET County Nevada XXX case No, asd Cece) ‘TParty Information (povie bom hone and nating attresesaifern) Patt) (namevadaress phon: (Defendants) aame/adressphone) We Decide Coalition and Chuck Muth, Chairman; Assemblypersons Barbara Cogavske, in official capacity as, John Moore, Michele Fiore and Shelly Shelton ‘Secretary of State forthe State of Nevada, Coalition _ _ “for Nevada Future, and Matt Griffin, agent for - _ ‘Opposition PAC Atorey(name/addes/pne) “Aulorney nameladdressphone) Kermit L. Waters, Esq, 704 S. oth Sireet, Las Vegas, NV 89101 IL, Nature of Controversy (pense selective one mt apc fing ype blow vil Case Filing Types Real Property Tors sndlord/Tenant Negligence | Other Torts Denton Daainer Damo Brauer istitiy lower Lanstorrenant CoremisesLiaitiy Binion! misconduct lle to Property omer Negligence employment Tort Luci rorectosure Malpractice Dissrace Tort lotr tite Propeny Lsesicavbent loner tort Otter Real Property Cees Lconicmaiontminen Domain | []accouning lower Reet Property lorie Malpactice Probate Constrcton Defect & Contract adil Review App Prabal ere pp ed ea wae) | ~Conarustion Detect Tadd Review Losey Administration Denar 0 Loreto Mottin Case Lcenerat Adminstration lotr consntion Det oetton io Set Records speci acminisraion Contract Case [sient Competency Eset asiae losin commer Code ‘Nevada State Ageney Appeal [ptrsconeratarstip Coataing an consrucion Llocpartmen of Motor Vehicle loiter rotate irsrance Caer [Werke Compensation sate Value commercial itrumen lotr Neva State Ageney Lover 200.00 Leonean of accounts ‘Apel Other Llacineension ono anas200000 | employment Contac [appear Loner Cour [unde $100 00 oF Unknown ote conc other sci Review Appel Clune 52:00 7 Caw ‘Over Ori Ting cist Wai ‘Other Civ Fig wri otras conus rit orPronbion Lhcompromise of Minors Claim wet or tandems lore civ writ Crorigndament [wer or quo warn other iv Mates Tastss Cour ga sl eed sg the sts Court copershet. ! . ze Sigmar onanng partyor epeseave Se esd for anita as flingsElectronically Filed 08/27/2015 02:01:48 PM comp en bn ILAW OFFICES OF KERM| IKermite L, Waters, Esq,, Bar linfo@kermittwaters.com [704 South Ninth Street Las Vegas, Nevada 89101 relephone: (702) 733-8877 Facsimile: (702) 731-1964 0. 2571 CLERK OF THE COURT [Attorneys for Plaintiffs DISTRICT COURT CLARK COUNTY, NEVADA. We Decide Coalition and Chuck Muth, Chairman; Assemblypersons John Moore, Michele Fiore and Shelly Shelton, Case No; 87 15-723735-C Dept. No: xxx Plaintiffs, vs. [Barbara Cegavske, in official capacity as [Secretary of State for the State of Nevada, [Coalition for Nevada Future, and Matt Griffin, legent for Opposition PAC, Defendants, COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF, AND NOT A CHALLENGE UNDER NRS 295.06 Plaintiffs We Decide Coalition, Chuck Muth, Chairman, and Nevada Assembly members ohn Moore and Michele Fiore, and Shelly Shelton (“Plaintiff ile this Complaint for Declaratory land Injunctive Relief and Not for a Challenge pursuant to NRS 295.06, against the above named Defendants and alleges and claims as follows: 1. Plaintiffs, We Decide Coalition, Chuck Muth, Chairman, is an organization made up lof 800~ local citizens in Clark County that are committed to grassroots advocacy, and Nevada |Assembly members John Moore, Michele Fiore and Shelly Shelton . They file the present action because they intend to circulate a referendum, see Exhibit A, a copy of which is attached hereto and Page 1 of 5jincorporated herein by reference, before the next general election. 2. Defendant Secretary of State Barbara Cegavske is named and sued only in her official capacity as Secretary of State for the State of Nevada, and she also resides in Las Vegas, Nevada. 3. Defendant allege and believe the Coalition for Nevada Future is a gaming back lorganization that threatens Plaintiffs’ efforts and Matt Griffin, agent for the Opposition PAC. 4, Virtually, all Plaintiffs and the defendant Secretary of State reside in Clark County ‘evada; Matt Griffin is a registered voter in Henderson, Nevada. Count I 5. Plaintiffs herein have filed on the 10" day of August, 2015, a referendum petition in the State of Nevada to repeal SB 483. Plaintiffs wish to proceed to collect signatures without fear that their endeavors (o circulate and obtain signatures for the said referendum petition will be thwarted by the abusive application by opponents through the use of all the provisions of the single |subject and other restriction in NRS 295.06, etc. Plaintiffs hercin seck declaratory relief from this [Court that their referendum is not a violation of the single subject restriction of NRS 295.06 or any lother section of Nevada Law. Thereby, the Plaintiffs may proceed without fear of obstruction delay land/or interference by the political power brokers and opponents and their allies. Except for one, every initiative filed after the special interest, the power brokers and “orporate tax avoiders lobbied through the 2005 Legislative SB 224 which itself contains multiple subjects, was blocked, delayed and/or economically defeated by the abusive use of SB 224 codified in NRS 295.06, ete. ive war on the peoples initiatives driven mostly by the same lobbyist As part of the legisl Jand their agents, other legislative provisions are and will be used to deny the citizens their |constitutionally guaranteed 247 days to collect signatures. NRS 295.06, etc. provides proponents Imust defend in Carson City and, that if the court changes one word, all signatures gathered to that |date are void. This provision results in delaying and making the collection of signatures much more difficult, more expensive and more time consuming. Plaintiffs allege that they are certain they will lbe sued by the same opponents who want this tax upheld so they will continue to do business without lpaying any fairtax. As irrational as it may seem, these statutes apply to referendum petitions not just Page 2 of 5linitiatives. Alternatiy Count II 6. TheNevada legislature passed SB 483 in the 2015 Legislative session, The Governor signed SB 483 into law. It is 50 pages in length and, as such, is too long to reproduce here. However, the entirety of the bill is verbatim included and attached to the Complaint as “Exhibit A” Iwhich is the proposed referendum. The Bill amends 41 chapters and hundreds of sections, and Jamends, adds or deletes, more than 87 separate free standing sections of N.R.S Statutes. Even though the Nevada Constitution prohibits legislation that exceeds a single subject, or that is unequal, this Bill addresses more than 100 different categories or subjects, and amends more than 47 separate statues, with the sole and only similar common thin thread being “Taxes,” and is unequal in lapplication. Plaintiffs attached Ex. A referendum is a verbatim copy of SB 483 therefore, if this Court, ldcems plaintiffs’ referendum to violate any part of NRS 295.06 to wit: the single subject, then this |Court should, as a matter of intellectual honesty, strike SB 483 as violating Art. 4, § 17. The Plaintiffs therefore complain its alternative to count I, the legislative act passed by the [2015 Nevada legislature passed in violation of the single subject restriction of Art. 4, § 17 of the [Constitution of the State of Nevada, The Plaintiffs initiate this action in order to redress the harm that this Bill cases the Plaintiffs in the exercise of their right and to prevent the Legislature of the [State of Nevada from flagrantly violating its own law. Plaintiff therefore ask this Court to strike SB [483 of the 2015 Legislative Act as in violation of Art. 4, § 17 of the Nevada Constitution, and for violation of Art. 4, § 1 Count II Plaintiffs allege and re-allege all allegations in count II and further allege: 7. $B483 passed by the 2015 Nevada Legislature and consist of taxation on income of jboth corporations and individuals. This Bill is convoluted, complex, unequal and confusing, and is fa selective tax designed to continue to exempt the largest industries and businesses from any [meaningful fair tax but, in fact, taxes in part, the income of individuals in direct violation of Art. 10, § 1, sub. 9 of the Nevada Constitution, Plaintiffs submit that SB 483 is a sham attempt to tax Page 3 of 5jindividual income as in violation of Art. 10, § 1, sub. 9 of the Nevada Constitution. Any Nevada citizen not incorporated must by law obtain a Business License for any mean lof earning a living. The fact that Nevada law makes a non-incorporated citizen obtain a Business ILicense becomes the excuse to violate Nevada’s prohibition of an individual income tax levy therefore Plaintiff's request this Court to strike all of SB 483 or, at least, the individual income tax portion of SB 438 for violation of Art, 10, § 1, sub. 9 of the Nevada Constitution, only if SB 483 has a severability clause which it appears not to have. Some of the Plaintiffs are directly effected or will lbe injured by this individual income tax laws. Plaintiffs Michele Fiore, John Moore and Shelly Shelton also complain in their official capacity in addition to their general standing. WHEREFORE, Plaintiffs respectfully pray that this Court: a. Assume jurisdiction over this action Count b. Declare that Plaintifi’s We Decide Coalition proposed referendum is lawful in all respect and order the Secretary of State to allow Plaintiffs to proceed with this referendum unimpeded. [Alternatively Count IT c. Declare the SB 483 passed 2015 is unconstitutional on its face and violates Article 4, § 17 of the Nevada State Constitution. Enter a preliminary and permanent injunction against Defendant Barbara Cegavske, her successors and assigns, and all persons or parties acting in concert therewith and all persons subject to Nevada Rule of Civil Procedure 65's scope from enforcing SB 483 and all the above statutes codified thereunder. [Count IE 4. Declare SB 483 to be an income tax on the income of individual prohibition by the Nevada Constitution, and enjoin the Secretary of State from enforcing said SB 483, and any statute codified under SB 483. Page 4 of 5€. Grant leave to amend the pleadings to add additional parties if this Court later deems additional parties are necessary for complete relief. g. Other such additional relief as the Court may deem just and proper. DATED this 27" day of August, 2015 LAW OFFIC] OF KERMITT L. WATERS ermatt f. Watkis/ sq, Nevada Bar No. 2571 704 South Ninth Street Las Vegas, Nevada $9101 Telephone: (702) 733-8877 Facsimile: (702) 731-1964 Attorney for Plaintiffs Page 5 of 5Exhibit AReferes Pursuant to the provisions of Article XIX of the Constitution of the State of Nevada, we, the undersigned voters of the State of Nevada, do hereby petition that the certain act of the Legislature of the State of Nevada entitled “Revises provisions relating to governmental financial administration” approved June 1, 2015, be submitted to a vote of the people for their approval or disapproval. The People of the State of Nevada do enact as follows: THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Title 32 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 61, inclusive, ofthis at. Sec. 2, As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 2 to 13, inclusive, ofthis ‘act have the meanings ascribed to them in those sections. Sec, 3, "Business" means any activity engaged in or caused to be engaged in with the object of gein, benefit or advantage, either direct cr indirect, to any person or governmental entity Sec. 4. 1, Except as otherwise provided in subsection 2, "business entity" means a corporation, partnership, proprietorship, limited liability company, business association, joint venture, limited-liabiliy partnership, business trust, professional association, joint stock ‘company, holding company and any other person engaged in a business. 2. "Business entity” does not include: (8) Any person or other entity which this State is prohibited from taxing pursuant to the Constitution or laws of the United States or the Nevada Constitution. (®) A natural person, unless that person is engaging in a business and is required to file with the Internal Revenue Service a Schedule C (Form 1040), Profit or Loss from Business, oF its equivalent or successor form, a Schedule E (Fogg, 1040), Supplemental income ‘and Loss, or its equivalent or successor form, or a Schedule F (Form 1040), Profit or Loss from Farming, or its equivalent or successor form, for that business. (©) A governmental entity (@) A nonprofit religious, chactable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(0) (©) A business entity organized pursuant to chapter 82 or 84 of NRS, (8) A credit union organized under the provisions of chapter 678 of NRS or the Federal Credit Union Act (8) A grantor trust as defined by section 671 and 7701(a)(30)(E) of the Internal Revenue Code, 26 U.S.C. §§ 671 and 7701(a}30)E), all of the grantors and beneficiaries of which are natural persons or charitable entities as deseribed in section $01(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c}(3), excluding a trust taxable as a business entity pursuant to 26 CER. § 301.7701-4(b), (h) An estate of a natural person as defined by section 7701(s)(30)(D) of the Intemal Revenue Code, 26 U.S.C. § 7701(@\30)D), excluding an estate taxable as 2 business entity pursuant to 26 CFR. § 301.7701-4(b). A real estate investment trust, as defined by section 856 of the Internal Revenue Code, 26 U.S.C. § 856, and its qualified real estate investment trust subsidiaries, as defined by section 856(3)(2) ofthe internal Revenue Code, 26 U.S.C. § 856(1(2), except thet: (1) A real estate investment trust with any amount ofits assets in direct holdings of real estate, other than real estate it occupies for ‘business purposes, as opposed to holding interests in limited partnerships or other entities that directly hold the real estate, is a ‘business entity pursuant to this section; and (Q)A linmited partnership or other entity that directly holds the real estate as described in subparagraph (1) is a business entity pursuant to this section, without regard to whether a real estate investment trust holds an interest init (A real estate mortgage investment conduit, as defined by section 860D of the Internal Revenue Code, 26 U.S.C. § 860D. (K) A trust qualified under section 401() of the Internal Revenue Code, 26 U.S.C. § 40%(a). (IDA passive entity. (a) A person whose activites within this State are confined to the avming, maintenance and management of the person's intangible investments or of the intangible investments of persons or statutory trusts or business trusts registered as investment companies under the Investinent Company Act of 1940, 15 U.S.C. §§ 80e-1 ct soq., as amended, and the collection and distribution of the income from such investments or from tangible property physically located outside this State, For the purposes of this paragraph, “intangible investments” includes, without limitation, investments in stocks, bonds, notes and other debt obligations, including, without limitation, debt obligations of affliated corporations, real estate investment trusts, patents, patent applications, trademarks, trade names and Page 1 of 50similar types of itangible asses or an entity that i registered as an investment company under the Investment Company Act of 1940, 15 US.C. §§ 80a-l et seg (9) A person sho takes part in an exhibition held inthis State for a purpose related to the conduct of @ business and is not required to obtain a state business Ucense specially for that event pursuant to NRS 360.780, Sec. 5. "Commerce tax" means the tax required to be paid pursuant to this chap. Sce. 5.5, *Credit sales" means a sale of goods by a sller who accep payments for the goods at later time. Sec. 6, "Engaging in a business" means commencing, conducting or continuing a business, the exercise of corporate or franchise powers regarding a business, ad the iguidatio ofa business which is or was engaging in a business when th liquidator holds isell fut to the public as conducting that business. Sec. 7. "Governmental entity” means: 1. The United States and any of ifs unincorporated agencies and instrumentlites 2. Any inconporated agency or instremeatality ofthe United States wholly owned by the Unite States or by a cocporation wholly ‘owned by the United Sates. 5. The State of Nevada and any of its unincorporated agencies and instrumentals, 4. Any county, city, district or eter political subdivision ofthis State. See. 8 1. Except as otherwise provided in subsection 3, "gross revenus” means the total amount realized by a business entity fiom engaging ina business inthis State, without deduction for the cst of goods sold or other expenses incurred, that contributes to the production of gross income, includige, without limitation, the tar market value of any property and any services received, and any debt transferee or forgiven as consideration 2, Except as otherwise provided in subsection 3, the tenn includes, without linitation (@) Amounts realized from the sale, exchange of other disposition ofa busines entiy’s property; (6) Amounts realized from the performance of services by a business entity; (6) Amounts realized from another person's possession ofthe property or capital of business entity; and (6) Any combination ofthese amount. 3. The term does not include: {@ Amounts realized from the sale, exchange, disposition or other grant of the right tous trademarks, trade names, patents, ‘copyrights and similar intellectual property; (8) The value of cash discounts allowed by the business entity and taken by a customer; {6) The value of goods or services provided to a customer on a complimentary bass; {@) Amounts realized fiom a vansaction subject to, described in, or equivalent, seston 118, 31, 332, 336,337,338, 351, 355,368, TAL, 731, 1031 oF 1033 ofthe Tnteral Revenue Code, 26 U.S.C. § 118, 331,332,336, 338, 381, 385, 368, 721, 731, 1031 or 1033, regardless ofthe federal tax clasification of the business entity under 26 CER. § 301.7701-3; (Amounts indirectly relized ftom a reduction of an expense or deduction; ) The value of property or services donated to nonprofit religious, charluble,frateral or other organization that qualifies asa tax- «xem organization pursuan! to section 501(c}3) ofthe Intemal Revenve Code, 26 US.C. § 501(€)(3), if te donation is tax deductible pursuant othe provisions of section 170(c ofthe Interaal Revenue Code, 26 US.C. §170(¢); and ( Amounts that ae not considered revenue under generally accepted secountng principles. Sec. 8.5. "Loan" means any extension of credit or the purchase in whole ar in part of an extension of eredit fom another person, including, witbout limitation, participations and syndications. Sec. 9, "Nevada gross revenic" means the gross revenu ofa busines entity from engaging ina business in this Stato, as adjusted pursuant to section 21 ofthis at and sitused to this State pursuant o section 2 of this act, Sec. 10, "North American Industry Classification System" or "NAICS" means the 2012 North American Industry Classification System published by the Bureau ofthe Census ofthe United Stats Department of Commerce. Sec. 10.5 "Pas-zough entity” means an entity thats disregarded as an entity forthe purposes of federal income taxation or is treated 285 & partnership forthe purposes of federal incame taxation Sec. 11.1. "Pas-ehrough revenue” means: (a) Revenue received by a business entity thats required bylaw or fiduciary duty to be distibwted to another person or governmental entity, {b) Taxes collected from a third party by a busines entity and remitted by the business entity fo a taxing authority; (©) Reimbursement for advances made by a business entity on behalf ofa customer or client, othe than with respect to services rendered or with respect to purchases of goods by the business entity in carrying out the business in which it engages; (6) Revenue received by a business entity that is mandated by contractor subcontract tobe distributed to another person or entity ifthe revenue constitutes: (1) Sales commissions that are paid toa person wio isnot an emplo seal estate commission; (2) The tax hass of securities underwriten by the business entity, as determined forthe purposes of federal income taxation; or of the business entity, including, without limitation, a split-fee Page 2 of 50Referendum Petition State of Nevada (3) Subcontracting payments under a contract oF subcontract entered into by a business entity to provide services, Inbor or materials in ‘connection with the actual or proposed design, construction, remodeling, remediation or repair of improvements on real property or the location of the boundaries of real property; (©) Revenue received by a business entity that provides legal services ifthe revenue received by the business entity is (1) Mandated by law, fiduciary duty or contract to be distributed toa claimant by the claimant’ attorney ar to another person or enti ‘on behalf ofa claimant by the claimant's attomey, including, without limitation, revenue received: (D For damages due to a client represented by the business entity; (UD That i subject to alien or other contractual obligation arising out ofthe representation provided by the business entity, other than fees owed tothe business entity forthe provision of legal services: (ID) That is subject to a subrogation interest or other third-party contractual claim; and (LV) That is required to be paid to another attorney wo provided legal services in a matter and who is not a member, partner, sharcholder or employee ofthe business entity; and (2) Reimbursement of the expenses incurred by the business entity in providing legal seevives to a claimaut that are specific to the claimants matter and that are not general operating expenses ofthe business entity; or (0 Revenue received by a business entity that is part of an affiliated group from another member ofthe afiiated group. 2. As used in this section: (@) "Afitisted group" means a group of two or more business entities, including, without limitation, a business entity described in subsection 2 of section 4 of this act, each of which is controlled by one or more common owners or by one or more members of the up. (b) "Controlled by* means the director indirect ownership, control or possession of 50 percent or more of a business entity (©) "Sales commission" means (1) Any form of compensation paid toa person for engaging in an act for which a license is required pursuant to chapter 645 of NRS; (2) Compensation paid to sales representative by a principal in an amount that is based on the amount or level of orders for or sles fn behalf af the principal and that the principal is required to report on Internal Revenue Service Form 1099- MISC, Miscellaneous Income. Sec, 11.5. "Securities" means United States Treasury securities, obligations of United States governmental agencies and corporations, obligations ofa state or political subdivision, corparate stack, bonds, participations in secugiies backed by mortgages held by United States or state governmental agencies, oan-backed securities, money market instruments, federal funds, securities purchased and sold under agreements to resell or repurchase, commercial paper, banker's acceptances, purchased certificates of deposit, options, futures contracts, forward contracts, notional prieipal contracts, including, without limitation, swaps, and other similar securities and instruments Sec. 12. “Taxable year" means the 12-month period beginning on July 1 and ending on June 30 of the following year. See. 13. "Wages" means any remuneration paid for personal services, including, without limitation, commissions and bonuses, and remuneration payable in any medium other than cash. Sec. 13.5. For the purposes of this chupter, unless otherwise indicated, seotion references are to the Internal Revenue Code of 1986, as amended, und include future amendments to such sections and cosresponding provisions of future federal internal revenue laws. Sec. 14. |. For the purposes of this chapter, a business is a "passive emity” only if () The business is a limited-liability company, general partnership, limited-lisbilty parinership, limited partnership or limited-liability limited partnership, or a trust, other than a business trust (b) During the period for which the gross revenue of the business entity is reported pursuant tos ‘of the business entitys federal gross income consists of the following income: (1) Dividends, interest, foreign currency exchange gains, periodic and nonperiodie payments with respect to notional prineipal contracts, option premiums, cash settlements or termination payments with respect to a financial instrument, and income from a limited-lebiity company: (2) Capital gains from the sale of rea property, gains from the sale of commodities traded on a commodities exchange and gains from the sale of securities; and {G) Royalties, bonuses or delay rental income from mineral properties and income from other nonoperating mineral interests; and (©) The business entity does not receive more than 10 percent of its federal gross income froin conducting an active trade or business. 2. As used in paragraph (b) of subsection 1, the term "income" does not include any’ (@) Rent; or (b) Income received by 2 nonoperator from mineral properties under a joint operating agreement ifthe nonoperafor is a member of an affliated group and attother member ofthat group is the operator under that joint operating agreement. 3, For the purposes of paragraph (c) of subsection 1 (a) Except as otherwise provided in this subsection, a business entity is "conducting an active trade or business” if (1) The activities being carried on by the business enti include one or more active operations that form a part of the process of ‘earning income or profit, and the business entity performs active management and operating functions; or tion 20 ofthis act, at least 90 percent Page 3 of 50Q) Any assets, including, without Fimitaton, royalties, patents trademarks and other intangible assets, held by the business enity are ‘used in the active trade or business of one or more related business entities. () The ownership of a royalty interest or a nonoperating working interest in mineral rights does not constitute the conduct of an active trade or business, (©) The payment of compensation to employees or independent contractors for financial or legal services reasonably necessary forthe ‘operation of a business does not constitute the conduct of an active trade or business. (@) Holding a seat on the board of directors of a business entity does not by itself constitute the conduct of an active trade or business {6} Activites performed by a business entity include activities performed hy persons outside the business entity, including independent ‘contractors, to the extent that those persons perfortn services on behalf ofthe business entity and those services constitute all or any part ofthe business entity’ trade or business, Sec. 15. For the purposes of this chapter, ia business entity engaging in « business inthis State is engayed in business in more than ‘one business category set forth in secious 24 to 49, inclusive, ofthis act, the business entity shall be deemed to he primarily engaged in the business category in which the highest percentage ofits Nevada gross revenue is generated. Sec. 16. The Department shall: 1. Administer and enforce the provisions of this chapter, and may adopt such regulations as it deems appropriate for that purpose. 2. Deposit all fes, interest and penalties it receives pursuant to this chapter inthe State Treasury for ereditto the State General Fund. Sec. 17. 1, Each person responsible for maintaining the records ofa business entity shall: (8) Keep such records us may be necessary to determine the amount ofthe ibility ofthe business entity pursuant tothe provisions of this chapter; (b) Preserve those records for 4 years or until any Ftigation or prosecution pursuant to this chapter is finally determined, whichever is longer; and (©) Make the records available for inspection by the Department upon demand at reasonable times during regular business hours 2, ‘The Department may by regulation specify the types of records which must be kept to determine the amount of the liability of a ‘business entity pursuant to the provisions ofthis chapter. The regulations adopted by the Department pursuant to this subsection must specify the type of information thal a business entity engaging in a business in this State must keep in the normal course of its financial recordkeeping forthe purpose of determining the amount ofthe commerce tax owed by the business entity Sec. 18. 1. To verify the accuracy of any retum filed or, if no retum is filed by a business entity, to determine the amount ofthe ‘comimerce tax required to bapaid pursuant to this chapter, the Department, or any person authorized in weting by the Department, ‘may examine the books, papers end records of any person who may be liable for the commerce tax. 2. Any person who may be liable for the commerce tax and who keeps outside of this State uny books, papers or records relating thereto shall pay to the Department an amount equal tothe allowance provided for state officers and employees generally while Waveling outside ofthe State for each day or fraction thereof during which an employee af the Department is engaged in examining those documents, plus any other actual ‘expenses incurred by the employee while he or she is absent from his or her regular place of employment to examine those documents See. 19. The Executive Director may request from any other governmental agency or officer such information asthe Executive Director deems necessary t0 cerry out the provisions of this chapter. Ifthe Executive Director cbtains any confidential information pursuant to such a request, he or she shall maintain the confidentiality ofthat information inthe same manner and to the same extent as provided by law for the agency or officer from whom the information was obtained. See. 20. 1. For the privilege of engaging in a business inthis State, a commerce tax is hereby imposed upon e2ch business entity whose Nevada gross revenue in a taxable year exceeds $4,000,000 in an amount determined pursuant to sections 23 to 49, inclusive, of this act. The commerce taxis due and payable as provided in this section. 2. Each business entity engaging in a business fa this State during a taxable year shall, on or before the 45th day immediately following the end of that taxable year, file with the Department a report on a form preseribed by the Department. The report required by this subsection must include such information as is required by the Department. A business entity shall remit with the return the amount of commerce tax due pursuant to subsection 1. 5. Por the purposes of determining the amount of the commerce tax due pursuant to this chapter, the initial report filed by a business etty with the Department pursuant to subsection 2 must designate the business category in which the business entity is primarily engaged. A business encity may not change the business category designated for that business entity unless the person applies to the Department to change such designation and the Department determines that the business is no longer primarily engaged in the designated business category. 4. Upon written application made before the date on which peyment of the commerce tax due pursuant to this chapter must be made, the Department may for good cause extend by not more than 30 days the time within which a business entity is required to pay the commerce tax. Ifthe commerce tax is paid during the period of extension, no penalty or late charge may be imposed for failure to pay the commerce tax at the tmne required, but the business entity shall pay interest al the rate of 0.75 percent per month from the date on ‘which the amount would have boon due without the extension until the date of payment, unless otherwise provided in NRS 360.232 or 360.320. Sec. 21. 1. In compitting the commerce tax owed by a business entity pursuant to this chapter, the business entity is entitled to deduct from its gross revenue the following amounts, to the extent such amounts are included in gross revenue of the business entity Page 4 of 50Referendum Petition State of Nevada (2) Any gross revenue which this State is prohibited from taxing pursuant to the Constitution or laws of the United States or the ‘Nevada Constitution (b) Any gross revenue of the business entity atributable to dividends and interest upon any bonds or securities ofthe Federal Government, the State of Nevada or a political subdivision of tis State. (©) Ifa business entity is required to pay a license fee pursuant to NRS 46: amount ofthat fee. G@) Ifthe business entity is required to pay a tax on the net proceeds from mineral extraction and royalties subject tothe excise tax pursuant wo the provisions of NRS 362,100 to 362.240, inclusive, the amount ofthe gross proceeds used to determine the amount of| tha tax. (¢) Ifthe business entity i required to pay the tax imposed by chapter 369 of NRS, an amount equal to the amount of the excise tax paid pursuant to that chapter by the business entity (0 Ifthe business entity is required to pay the tex imposed pursuant to chapter 680B of NRS: (1) The amount of the total income derived from direct premiums written and all other considerations for insurance, bal or annuity ‘contracts used to determine the amount af the tax imposed pursuant to chapter 6801 of NRS; {) Any amounts excluded from total income derived from direct premiums pursuant to NRS 680B.025: and {@) Gross premiums upon policies on risks located inthis State received by a factory mutual and amounts deducted from such gross ‘premiums to determine the amount ofthe tax imposed by NRS 680B.027 upon the factory mutual pursuant to NRS 680B.033. (g) Ifthe business entity is required to pay the tax imposed pursuant to NRS 694C.450, the amount of the net direct premiums, 38 etined in that section, used to determine the amount of that tas. h) Ifthe business entity is required to pay the tax imposed pursuant fo NRS 685A. 180, the amount of the premiums, as defined in that section, used to determine the amount ofthat tax () Except as otherwise provided by paragraph (), the total amount of payments received by a health care provider: (1) From Medicaid, Medicare, the Children's Health Insurance Program, the Fund for Hospital Care to Indigent Persons created pursuant to NRS 428.175 or TRICARES {(2) For professional services provided in relation to a workers’ compensation claim; and {G) For the actual cost to the health care provider for any uncompensated care provided by the health care provider, except that ifthe health care provider later receives payment forall or part of that care, the health care provider must include the amount of the payment inhi or her gross receipts forthe calendar quarter in which the payment is received. Gj the business entity is engaging in a business in this State as a healttreare provider that isa health care institution, an amount equal 40 50 percent ofthe amounts deseribed in paragraph (i thet are received by the health care institution. (4) Irthe business entity is engaging in business inthis State as an employee leasing company, the amount of any payments revcived from a client company for wages, payroll taxes on those wages, employee benefits and workers’ compensation benefits for employees {easod tothe client company. () The amount of any pass-through revenue ofthe business entity. {(m) The tax basis of securities and loans sold by the business enity, as determined forthe purposes of federal income taxation, (n) The amount of revenue received by the business entity that is directly derived from the operation of a facility that is (J) Located on property owned or leased by the Federal Government and (2) Managed or operated primasily to house members of the Armed Forces of the United States. (0) laterest income other than interest on credit sles, (p) Dividends and distributions from corporations, snd distributive or proportionate shares of receipts and income from a pass-through catty (q) Receipts from the sale, exchange or other disposition of an asset described in section 1221 or 1231 of the Internal Revenve Code, 26 U.S.C. § 1221 o 1231, without regard to the length of time the business entity held the asset (2) Receipts from a hedging transaction, as defined in section 1221 of the Internal Revenue Code, 26 U.S.C. § 1221, ora transaction accorded hedge accounting treatment under Statement No, 133 ofthe Financial Accounting Standards Board, Accounting for Derivative Instruments and Hedging Activities o the extent the transaction is entered into primarily o protect a financial positon, including, without limitation, managing the risk of exposure to foreign currency fTuctuations tat affect assets, liabilities, profits, losses, equity or investments in foreign operation, to interest rate fluctuations orto commodity price fluctuations, For the purposes of this peragraph, receipts from the actual transfer of ttle of real or tangible personal property to another business entity are not receipts from a hedging transaction or a transaction accorded hedge accounting treatment. (s) Proceeds received by a business entity that are attributable to the repayment, maturity or redemption of the prinefpal ofa loan, bond, mutual fund, certificate of deposit or marketable instrument. (1) The principal amount received under a repurchase agreement or on account of any transaction properly characterized as a loan, (u) Proceeds received from the issuance of the business entity's own stock, options, warrants, pts or calls, from the sat of the ‘business enfity’s treasury stock or as contributions tothe capital of the business entity (9) Proceeds received on account of payments from insurance policies, except those proceeds received for the loss of business revenue, 0, the amount of ts gross receipts used to determine the Page $ of 50Referendum Petition State of Nevada {Qw) Damages received a a result of litigation in excess of amounts that, ifreceived without litigation, would not have been included in the gross receipts of the business entity pursuant to this section, (4) Bad debts expensed for the purpases of federal income taxation (9) Returns and refunds to customers. @) Amounts realized from the sale of an account eeceivable to the extent the receipts from the underlying transaction were included in the gross receipts ofthe business entity. (aa) If the business entity owns an intrest in a passive entity, the business entity's share of the net income ofthe passive entity, but only to the extent the net income of the passive entity was generated by the gross revenue of another business entity. 2. As used in this section: (@) "Children’s Health Insurance Program" moans the program established pursuant to 42 U.S.C. $§ 1397aa to 1397]j, inclusive, to provide health insurance for uninsured chikiren from low-income families in this State. (6) "Client company” has the meaning ascribed to it in NRS 616B.670 (6) "Employee leasing company” has the meaning ascribed to it in NRS 616B.670. (4) "Healthcare institution” means: (1) A medical facility as defined in NRS 449.0151; and (2) Apharmacy as defined in NRS 639.012. {(¢} "lealth care provider” means a business that receives any payments listed in paragraph (i) of subsection 1 as a provider of health sare serviess, including, without limitation, mental health care services. (8) "Medicaid" means the program established pursuant to Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq, to provide assistance for part or all ofthe cost of medical care rendered on behalf of indigent persons. (@) "Medicare" means the program of health insurance for aged persons and persons with disabilities established pursuant to Title XVII of the Social Security Act, 42 U.S.C. §§ 1395 et sea. ‘See. 2. 1. Ia computing the commerce tax owed by a business entity, the gross revenue of the business entity, as adjusted pursuant to section 21 of tis act, must be sitused to cis State in accordance with the following rules () Gross rents and royalties from ceal property are sitused to this State if the real propery is looated inthis State. (b) Gross revenue from the sale of real property are sitused to this State ifthe real property is located in this State (6) Gross rents and royalties from tangible personal property is sitused to this State to the extent the tangible personal property is located or used inthis State (@) Gross revenue from the sale of tangible personal property is stused to this State ifthe property is delivered or shipped to # buyer in this State, regardless ofthe F.O.B. point or any other condition of sale. (©) Gross reveaue from the sale of transportation services is stused to this State ifboth the origin and the destination point of the ‘transportation are located in this State {() Gross revenue from the sale of any services not otherwise described in tis section is sitused to this State inthe proportion that the ‘purchaser's benefit in this Stat, with respect fo what vas purchased, bears fo the purchaser's benefit everywhere with respect to what ‘was purchased, For the purposes of this paragraph, the physical location at which the purchaser ofa service ultimately uses or receives the benofit of the service that was purchased is paramount in determining the proportion of the benefit in this State tothe benefit ‘overywhero, Ifthe records of a business entity do not allow the taxpayer to determine that location, the business entity may use at. altemafive method lo situs gross revenue pursuant to this section if the alternative method is reasonable, is consistently and uniformly applied and is supported by the taxpayer's reoords as those records exist when the service is provided or within a reasonable period of | time thereafter, (@) Gross revenue not otherwise described in this section is stused to this State ifthe gross receipts are ffom business conducted in this State, For the purposes of this paragraph, the physical location ofthe purchaser is paramount in determining if business is done in this State. Ifthe records of a business entity do not allow the business entity to determine the location of the purchaser, the gross revenue must not be considered to be from business conducted in this State. 2. Ifthe application of the provisions of subsection 1 does not fairly represent the extent of the business conducted in this State by a business entity, the Department may authorize the business entity to the use of an alternative method of situsing gross revenue to this State ‘Sec. 23. Except as otherwise provided inthis section, the commerce tax required to be paid by a business entity engaging in a business in this State is equal to the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the ‘taxable year and multiplying that amount by the rae set forth in sections 24 to 48, inclusive, ofthis act forthe business category in ‘which the business entity is primarily engaged. Ifthe business entity cannot be categorized in @ business category set forth in sections 24 1048, inclusive, of tis act, the commerce tax required to be paid by that business entity is equal to the amount obtained by subtracting $4,000,000 from the Nevada pross revenue of the business entity for the taxable yeur and multiplying that amount by the rate set forth in section 49 of this act. See, 24. 1, The agriculture, forestry, fishing and hunting business category (NAICS 11) includes all business entities primarily engaged in agricultural production or agricultural support activities, or both, including, without limitation, growing crops, raising animals, harvesting timber and harvesting fish and ether animals from a farm, ranch oF their natural habitats Page 6 of SOReferendum Petition State of Nevada 2. Examples of business entities in this category include, without limitation, farms, ranches, dairies, greenhouses, nurseries, orchards and hatcheries, 3. This eatogory docs not include business entities primarily engaged in agricultural esearch or administering programs for regulating and conserving land, minerals, wildlife or forest use. 4, The amount ofthe commerce tax for a business entity included in this category is the amount obtained by subtracting $4,000,000, ‘rom the Nevada gross revenue of the business entity forthe taxable year and multiplying that amount by 0.065 percent, Sec. 25. 1. The mining, quarrying, and ol and gas extraction business category (NAICS 21) includes all business entities primarily engaged in mining operations and mining support activities, including, without limitation, extracting: (@ Naturally occurring mineral solids, such as coal and ares; (©) Liguid minerals, such as crude petroleum; and (©) Gases, such as natural ess 2. Examples of business entities in this oategory include, without limitation: (@ Business entities operating mines, quarries or oil and gas wells on their owa account or for others on a contractor fee basis. (b) Mining support activities, including business entities that perform exploration or other mining services, or both, ona contract or fee basis, except geophysical surveying, mine site preparation and the constmuction of oil and gas pipelines. 3. As used in subscctions 1 and 2, the term “mining” includes quarrying, well operations and beneficiating, including, without Jimitation, crushing, sereening, washing, flotation and other preparation customarily performed at a mine site or a a part of mining activity. 4, The amount of the commerce tax for a business entity included inthis category is the amount obtained by subtracting $4,000,000 fom the Nevada gross revenue of the business entity for the axable year and multiplying that amount by 0.051 percent ‘Sec. 26. 1. The utilities and telecommunications business category (NAICS 22 and 517, respectively) includes: {@) All business entities primarily engaged in providing utility services, including, without fimitation, electric power, natural gas, steam supply, water supply and sewage removal: and (b) All business entities primarily engaged in providing tclocommunications and the services related to that activity, including, without limitation, telephony, cable and satellite distibution services, Internet access and telecommunications reselling services. 2. This category does not include business entities primarily engaged in waste management and remediation services that are described in section 42 of this act. 3. The amount of the commerce tax for a business entity incfuded in this category isthe amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0-136 percent Sec. 27. |. The construction business category (NAICS 23) includes all business entities primarily engaged in the construction of: buildings or engineering projects, such as highways and utlity systems. Business entities engaged in the preparation of sites for new construction end business entities primarily engaged in subdividing land for sale as building sites also are included inthis category 2. Examples of business enttis inthis cateyory include, without limitation, general contractors, design-builders, construction rmanagers, tunkey contractors, joint-venture contractors, specialty trade contractors, for-sale builders, speculative builders and ‘merchant builders 3. The amount of the commerce tax fora business entity included in this category isthe amount obtained by subtracting $4,000,000 from the Nevada gross revenue ofthe business entity for the taxable year and multiplying thst amount by 0.083 percent Sec. 28. 1. The manufacturing business category (NAICS 31, 32 and 33) includes all business entities primarily engaged in the mechanical, physical or chemical transformation of materials, Substances or components into new products 2. Examples of business entities in this category include, without limitation, milk botling and pasteurizing, water botling and processing, fesh fish packaging, apparel jobbing, contracting on malerials owned by others, printing and related activities, ready- ‘mixed concrete production, leather converting, grinding of lenses to prescription, wood preserving, clectroplating, plating, metal heat, treating and polishing for the trade, lapidary work for the trade, fabricating signs and advertising displays, rebuilding or remanufacturing machinery, ship repair and renovation, machine shops and tire retreading 4. The amount of the cominerce tax fora business entity included in this category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue ofthe business entity for the taxable year and multiplying that amount by 0.091 percent. Sec. 29.1. The wholesale trade business category (NAICS 42) includes all business emities primarily engaged in wholesaling merchandise, generally without transformation, and rendering services incidental tothe sale of merchandise. 2. The amount of the commerce tax fora business entity included in tis category isthe amount obtained by subtracting $4,000,000 from the Nevada gross revenue ofthe business entity forthe taxable year and multiplying that amount by 0.101 percent. Sec. 30. 1. The retail trade business category (NAICS 44 and 45) includes all businesses primarily engaged in retailing merchandise, generally without transformation, and rendering services incidental to the sale of merchandise 2. The amount ofthe commerce tax for @ business entity included inthis category isthe amount obtained by subtracting $4,000,000 ‘fom the Nevada gross revenue of the business entity forthe table year and multiplying that amount by 0.111 percent. Sec. 31. 1. The air transportation business category (NAICS 481) includes all business entities primarily engaged in providing air ‘wansportation of passengers or cargo, or both, using aircraft, such as an airplane and helicopter, Page 7 of 502. The amount of the commerce tax fora business entity included in this category isthe amount obtained by subtracting $4,000,000 fom the Nevada gross rovenue of the business entity for the texable year and multiplying that amount by 0.058 percent Sec. 32. 1. The truck transportation business category (NAICS 484) includes all business entities primarily engaged in providing over- the-roud transporiation of cargo using motor vehicles, such asa truck and tractor trailer 2. The amount of the commerce tax for a business entity included inthis category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and rnuliplying that amount by 0.202 percent Sec. 33.1, The ral transportation business category (NAICS 482) includes all business entities primarily engaged in providing rail transportation of passengers or cargo, or both, using railroad rolling stock, 2. The amount of the commerce tax fora business entity inchided in this category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the tsxable year and multiplying that amount by 0.331 percent. Sec. 34.1, The other transportation business category (NAICS 483, 485, 486, 487, 488, 491 and 492) includes atl business entities primarily engaged in (@) Water transportation, including, without limitation, the transportation of passengers andl cargo using watercraft; (b) Transit aad ground passenger transportation, including, without limitation, charter buses, school buses, interurban bus transportation, axis and limousine services, street railroads, commuter rail and rapid transit, {©) Pipeline transportation, including, without limitation, using transmission pipelines to transport products, such as crude ol, ntural ‘205, refined petroleum products and slurry; {@) Scenic and sightseeing transportation, including, without limitation, on tand or the water, or inthe wits (©) Support activites for vansportation, including, without limitation, air traffic contol services, marine cargo handling, motor vehicle towing, railroad switching and terminals, and ship repair and maintenance not done in a shipyard, such as floating drydock services in harbor; (© Postal services, including, without limitation, the activities ofthe United States Postat Service and its subcontractors operating, sunder a universal service obligation to provide mail services, deliver leters and small parcels, and ual post offices on contract to the United States Postal Service; and (@) Courier and messenger services, including, without limitation, the provision of intercity, local or international delivery of parcels and documents without operating under a universal service obligation. 2, "The amouat of the commerce tax for a business entity included in ths eategory isthe amount obtained by subtracting $4,000,000 from the Nevada gross revenue ofthe business entity for the taxable year and multiplying thut ammount by 0.129 percent. Sec. 35. 1, The warchousing sud storage business category (NAICS 493) includes all business entities primarily engaged in eperating ‘warehousing and storage facilities for general merchandise, refrigerated goods and other warehouse products, 2. The amount of the commerce tax fora business entity included in this category isthe amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.128 percent. Seo. 36. 1. The publishing, software and data processing business category (NAICS 511, 512, $15 and 518) includes all business ‘entities primarily engaged in: (2) Publishing, except on the Interet, including, without limitation, the publishing of newspapers, magazines, other periodicals and books, as well as directory and mailing lst und software publishing; (b) Motion picture and sound recording, including, without limitation, the production and distribution of motion pictures and sound recordings; (©) Broadcasting, except on the Inmet, including, without limitation, creating content or acquiring the right to distribute content and subsequently broadcast the content; and (4) Data processing, hosting and related services, including, without limitation, the provision of inérastrcture for hosting and data processing services. 2. The amount of the commerce tex for a business entity included in this category isthe amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.253 percent. ‘Sec. 37. |, The finance and insurance business category (NAICS 52) includes all business entities primarily engaged in financial transactions or in facilitating financial transactions, 2. The amount of the commerce tax fora business entity included in this category isthe amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the table year and multiplying that amount by 0.111 percent. Sec. 38. 1, The real estate and rental and leasing business category (NAICS 53) includes afl business entities primarily engaged in renting, leasing oF otherwise allowing the use of tangible or intangible assets, providing related services, managing realestate for others, Selling, renting or buying real estate for others, and appraising real estate. 2, The amount of the cormmerce tax fora business entity included in this category isthe amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity forthe taxable year and multiplying that amount by 0.25 percent. See. 39. 1. The professional, scientific and technical services business category (NAICS 54) includes all business entities primarily engaged in performing professional, sefentific and technical activities for others. 2. The amount of the commerce tax fora business entity included in this category is the amount obtained by subtracting $4,000,000 fom the Nevada gross revenue ofthe business entity for the taxable year and multiplying that amount by 0.181 percent. Page 8 of 50Sec. 40. 1. The management of companies and enterprises business category (NAICS 55) includes all business entities primarily engaged in: (a) Holding the securities of, or other equity interests in, companies and enterprises for the purpose of owning a controlling interest or influencing management decisions; oF (b) Administering, overseeing and managing establishments of the company or enterprise and that normally undertake the strategic or organizational plsnning and decision-making role of the company or enterprise 2. The amount of the commerce tax for a business entity included in thi category is the amount obtained by subtracting $4,000,000, from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.137 percent. Sec. 41. 1, The administrative and support services business category (NAICS 561} includes all business entities primarily engaged in activities that support the day-to-day operations of other organizations. 2. The amountof the commerce ax for a business entity included in this category isthe amount obtaiued by subtracting $4,000,000, from the Nevada gross revenue of the business entity for the texable year and multiplying that amount by 0.154 percent Sec. 42. 1, The waste management and remediation services business category (NATCS 562) includes all business entities primarily ‘engaged in the collection, treatment and disposal of waste materials, 2. The amount of the commerce tax for a business entity included in this category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity forthe taxable year and multiplying that amount by 0.261 percent. Seo. 43.1. The edueational services business category (NAICS 61) includes all businesses primarily engaged in providing instruction ‘and training in a wide variety of subjects, 2. The amount of the commerce tax for a business entity included inthis catepory is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity forthe taxable year and multiplying that amount by 0.281 percent. ‘Sec, 44, 1 The health care and social assistance business category (NAICS 62) includes all business entities primarily engaged in providing health care and social assistance for natural persons. 2. The amouat of the commerce tax for a business entity included inthis category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.190 percent. Sec. 45. 1. The arts, entertainment and recreation business cstegory (NAICS 71) includes all business entities primarily engaged in ‘operating facilities or providing services to meet varied cultural, entertainment and recreational interests of thei patrons. 2. The amount of the commerce tax for a business entity included in this category is the amount obtained by subtracting $4,000,000, from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.24 percent. Sec. 46.1, The accommodation business category (NAICS 721) includes all business entities primarily engaged in providing lodging or short-term aecommodations for travelers, vacationers and others. 2. The amount of the commerce tax for a business entiy included in tis category isthe amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.2 percent. Sec, 47.1, The food services and drinking places business category (NAICS 722) includes all business entities primarily engsged in preparing meals, snacks and beverages to customer order for immediate on-premises and off:premises consumption. 2, The amount of the commerce tax for a business entity included in this eategory isthe amount abisined by subtracting $4,000,000 from the Nevada gross revenue of the business entity forthe taxable year and multiplying that amount by 0.194 percent Sec. 48. 1. The other services business category (NAICS 81) includes all business entities primarily engaged in providing services not included in any of the business categories described in sections 24 to 47, inclusive, of tis at. Business entities inthis category are primarily engaged in activities such as repairing equipmeat and machinery, promoting or administering religious activities, ‘grantmaking, advocacy, and providing dry cleaning and laundry services, persanal care services, death care services, pet care services, photofinishing services, temporary parking services and dating services 2. The amount of the commerce tax for a business entity included in this eategory is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue ofthe business entity forthe taxable year and multiplying that amount by 0.142 percent. See. 49.1, The unclassified business category includes any business entity not included in any of the business categories established by sections 24t0 48, inclusive, ofthis act. 2. The amount of the commerce tax for a business entity included in tis category isthe amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity forthe taxable year and multiplying that amount by 0.128 percent. Sec, 50. A business entity's method of accounting for gross revenue fora taxable year forthe purposes of determining the amount of ‘the commerce tax ovwed by the business entity must e the same as the business's method of accounting for federal income tax purposes for the business's federal taxable year which includes that calendar quarter. If business entity's method of accounting for federal income tax purposes changes, its method of accounting for gross revenue pursuant to this chapter must be changed accordingly. Sec. 51. Ifthe Department determines that any tax, penalty or interest has been paid more than once or hss been erroneously or ilogally collected or computed, the Department shall st forth that fact in the records ofthe Department and certify tothe State Board ‘of Fxaminers the amouat collected in excess of the amount legally due and the person from witom it was collected or by witom it was pid If approved by the State Board of Examiners, the excess amount collected or paid must, afte being credited against any amount then due from the person in accordance with NRS 360.236, be refunded to the person or his Or her successors in interest Page 9 of 50Referendum Petition State of Nevada Sec. $2. 1. Except as otherwise provided in NRS 360.235 and 360.395: (@) No refind may be allowed unless a claim for itis filed with the Department within 3 years after the last day ofthe month following the last month of the twxable yeur for which the overpayment was made. (0) No credit may be allowed after the expiration of the period specified for fling claims for refund unless a claim for credits filed withthe Department within that period. 2. Bach claim must be in writing and must state the specific grounds upon which the claim is founded, 3. Failure to file a claim within te time prescribed in this chapter constitutes a waiver of any demand against the State on account of overpayment, 4, Within 30 days after rejecting any claim in whole or in part, the Department shall serve notice ofits action on the claimant in the ‘manner prescribed for service of notice ofa deficiency determination. ‘Sec. 53. 1, Except as otherwise provided in this section and NRS 360.320 or any other specific statute, interest must he paid upon any ‘overpayment of any amount of the commerce tax atthe rate set forth fa, and in accordance with the provisions of, NRS 360.2937. 2. Ifthe Department determines that any overpayment has been made intentionally or by reason of carelessness, the Department shall rot allow ny interest on the overpayment. Sec. $4. 1. No injunetion, writ of mandate or other legal or equitable process may issue in any suit, action or proceeding in any court against this State or against any officer ofthis State to prevent or enjoin the collection under this chapter of the commerce tax or any amount of tax, penalty or interest required to be collected. 2. No sitt or proceeding may be maintained in any court forthe recovery of any amount alleged to have been erroncously o illegally ‘determined of collected unless a claim for refund or credit has been file. Sec. 55. 1. Within 90 days after a final decision upon a claim filed pursuant to this chapter is rendered by the Commission, the ‘claimant may bring an action sgsinst the Department on the grounds se forth inthe claim in a court of competent jurisdiction in Carson City, the county ofthis State where the claimant resides or maintains his or her principal place of business or a county in which any relevant proceedings were conducted by the Department, for the recovery of the whole or any part of the amount with respect to Which the elaim has been disallowed. 2. Failure to bring an action within the time specified constitutes a waiver of any demand against the State on account of alleged overpayments Sec. $6. 1, Ifthe Department fails to mail notice of action on aclaim within 6 months after the claim is filed, the claimant may consider the claim disallowed and file aa appeal with the Commission within 30 days after the last day ofthe 6-month period. Ifthe claimant is aggrieved by the decision of the Commission rendered on appeal, the claimant may, within 90 days after the decision is rendered, bring an action against the Department on the grounds set forth in the claim forthe recovery of the whole or any part of the ‘amount claimed as an overpayment 2. Ifjudgment is rendered for the plaintiff, the amount of the judgment must first be credited toward any tax due from the plainti. 3. The balance of the judgraent must be refunded to the plaintiff. ‘Sec. 57. In any judgment, interest nust be allowed at the rate of 3 percent per annum upon the amount found to have been illegally collected from the date of payment ofthe amount to the date of allowance of eredit on account ofthe judgment, orto a date preceding the date of the cefund warrant hy not more than 30 days. The date must be determined by the Department. See, $8. A judgment may not be rendered in favor of the plaintiff in any action brought against the Department to recover any ammount peid when the action is brought by or in the name of an assiguee of the person paying the amount or by any person other than the person who paid the amouat. See. 9. 1. The Department may recover a refund or any part thereof which is eroneously made erroneously allowed in an action brought in a court of competent jurisdiction in Carson City or of Nevada, 2.’The action must be tried in Carson City or Clark County unless the cour, with the consent ofthe Attorney General, orders a change of place of til 3. The Attomey General shall prosecute the action, and the provisions of the Nevada Revised Statutes, the Nevada Rules of Civil Procedure and the Nevada Rules of Appellate Procedure relating to service of summons, pleadings, proofs, trials and appeals are applicable o the proceedings See. 60. 1, If any amount in excess of $25 has been illegally determined, either by the Department or by the person filing the retum, the Department shall certify thet fact tothe State Board of Examiners, andthe latter shall authorize the cancellation of the amount upon the records of the Department, 2. fan amount not exceeding $25 has been illegally determined, either by the Department or by the person filing the return, the Department, without certifying that fact to the State Board of Examiners, shall authorize the cancellation ofthe amount upon the records of the Department. Sec. 61. The remedies ofthe State provided for in this chapter are curnulative, and no action taken by the Department or the Attorney General constitutes an election by the State to pursve any remedy to the exclusion of any other remedy for which provision is made in this chapter. See, 62. Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows any credit or part thereof which is lark County in the name of the State Page 10 of 501. Except as otherwise provided in subsection 4, om or before September 30 of each even-numbered year, the Department shall determine the combined revene from the taxes imposed by chapters 363A and 363B of NRS snd the commerce tax imposed by sections 210 61, inclusive, ofthis act for the preceding fiscal year 2, Except as otherwise provided in subsection 4, if the combined revenve determined pursuant to subsection 1 exceeds by more than 4 percent the amount of the combined anticipated revenue from those taxes for that fiscal yea, as projected by the Economic Forum for ‘that fiscal year pursuant to paragraph (c) of subsection 1 of NRS 353.228 and as adjusted by any legislation enacted by the Legislature that affects state revenue for that fiscal yea, the Department shall determine the rate at which the taxes imposed pursuant to NRS 363,130 and 363.110, in combination with the revenue ftom the commerce tx imposed by sections 2 to 61, inclusive, ofthis act, Would have generated a combined revenue of 4 percent more than the amount anticipated. ln making the determination required by this subsection, the Department shall reduce the rate of the taxes imposed pursuant to NRS 363.130 and 363B.110 in the proportion that the actual amount collected from each tax fr the preceding fiscal year bears fo the total combined amount collected from both taxes, for the preceding fiscal year. 3. Except as otherwise provided in subsection 4, effective on July | of the odd-numbered year immediately following the year in which the Department made the determination described in subsection 1, the rates ofthe taxes imposed pursuant to NRS 3634. 130 and '363B.110 that are determined pursuant to subsection 2, rounded to the nearest one-thousandth ofa percent, must thereafter be the rate of those taxes, unless further adjusted in a subsequent fiscal yea, 416, pursuant to subsection 3, the rate ofthe tax imposed pursuant to NRS 363B.110 is 1.17 pervent: (@) The Depariment is no longer required to make the determinations required by subsections 1 and 2; and (b) The rate of tho taxes imposed pursvant to NRS 363A. 130 and 363B.110 must not be further adjusted pursuant to subsection 3 Sec, 63. NRS 360.2937 is hereby amended 10 read as flows [360.2937 1, Except as othersvise provided in this section and NRS 360,320 or any other specific statute, and notwithstanding the provisions of NRS 360.2935, interest must be paid upon an overpayment of any fax provided for in chapter 362, 363A, 3638, 369, 370, 372, 374, 377, 377A or 37TC ol NRS, or sections ? to 61, inclusive, ofthis act, any fee provided for in NRS 444A.090 or 482.313, or any assessment provided for in NRS S85.497, atthe rate of 0.25 percent per month from the last day of the calendar month following the period for which the overpayment was made. 2, No refund or credit may be made of any interest imposed on the person muking the overpayment with respect to the amount being, ‘refunded or edited. 43. The interest must be pad: (@) In the case of a refund, to the ast day ofthe calendar month following the date upon which the person making the overpayment, if the person has not already filed a claim, is notified by the Department that a claim may be filed or the date upon witich the claim is certified to the State Board of Examiners, whichever is earlier. (b) In the case ofa credit, to the same date as that to which interes is computed on the tax or the amount aguinst which the credit is applied. See. 64. NRS 360.300 is hereby amended to read as follows: 360.300 1, Ifa person fails to file a return or the Department isnot satisfied with the retun or returns of any tax, contribution or ‘premium or amount of tx, contribution ar premium required to be paid to the State by any person, in accordance with the applicable provisions ofthis chapter, chapter 360B, 362, 3634, 363B, 369, 370, 372, 372A, 374, 377, 377A, 377C or 444A of NRS, NRS. 482.313, or chapter 585 or 6BOB of NRS, or sections 2 to 61, inclusive, ofthis act, as administered or audited by the Department, it ‘may compute and determine the amount required to be paid upon the basis of (a) The facts contained in the return; (b) Aay information within its possession or that may come into its possession; or (©) Reasonable estimates ofthe amount 2. One or more deficiency determinations may be made with respect to the amount due for one or for more than one period 3. In making its determination of the amount required to be paid, the Department shall impose interest on the ammount of tax determined to be due, culeulaced atthe rate and in the manner set forth in NRS 360.477, unless a different rate of interest is specifically provided by stature. 4. The Department shall impose a penalty of 10 percent in addition tothe amount ofa determination that is made inthe case of the failure of a person to file return withthe Departnent, 5. When a business is discontinued, a determination may be made at any time thereafter within the time prescribed in NRS 360.355 as to liability arising out ofthat busines, irrespective of whether the determination is issued before the due date of the liability. ‘Sec, 65. NRS 360.417 is hereby amended to read as flows: 360.417 Except as otherwise provided in NRS 360.232 and 360.320, and unless a different penalty or rate of interest is specifically provided by statute, any person who fails to pay aay tax provided for in chapter 362, 363A, 363B, 369, 370, 372, 374, 377, 377A, 37TC, 444A or 585 of NRS, or sections 2 to 6, inclusive, of this ct, or any fee provided for in NRS 482.313, and uny person or ‘governmental entity that fails to pay any fee provided for in NRS 360.787, to the State or a county within the time required, shall py a penalty of not more than 10 percent of the amount ofthe tax or fee which is owed, as determined by the Depsrtment, in addition to the tax or fee, plus interest atthe rate of 0.75 percent per month, or fraction of a month, from the last day of the month following the Page 11 of 50period for which the amount or any portion of the amount shoutd have been reported until the date of payment. The amount of any penalty imposed must be based on a graduated schedule adopted by the Nevada Tax Commission which takes ito consideration the length of time the tax or Fee remained unpaid. Sec, 66, NRS 360.510 is hereby amended to read as follows: 360.510 1, [feny person is delinquent inthe payment of any tax or fee administered by the Department or ifa determination has been mad against the person which remains unpaid, the Department may: (@) Not later than 3 years after the payment became delinquent or the determination became final; or (b) Not later than 6 years after the last recording of an abstract of judgment or ofa certiffcate constituting lien for tax owed, give & notice of he delingueney and a demand to transmit personally or by registered or certified mal to any person, including, without limitation, any officer or departaent of this State or any political subdivision or agency of this State, who has in his or her possession ‘or under his or her contrel any credits or other personal property belonging tothe delinquent, or owing any debts to the delinquent or person against whom a determination has been made whick remains unpaid, or owing any debts to the delinquent or that person. In the ‘case of any state officer, department or agency, the notice must be given tothe officer, departtnent or agency before the Department presents the claim of the delinquent taxpayer tothe State Conteoller. 2. A state officer, department or agency which receives such a notice may satisfy any debt owed to it by that person before it honors the notice of the Department. 3. After receiving the demand to transmit, the person notified by the demand may not transfer or otherwise dispose of the credits, other personal property, or debt in his or her possession or under his or her contra atthe time the person received the notice until the Department cousents to a wansfer or ather disposition. 4. Every person notified by a demand to transmit shall, within 10 days after receipt ofthe demand to transmit, inform the Department of and transmit to the Department all such credits, other personal property or debts in his or her possession, under his or her control or ‘owing by that person within the time and in the manner requested by the Department. Except as otherwise provided in subsection 5, no further notice is required to be served to that person. 5. Ifthe property ofthe delinquent taxpayer cousists of a seties of payments ‘owed to him or her, the person who ovses ar controls the payments shall transmit the payments to the Department until otherwise notified by the Department. Ifthe deb of the delinqueat taxpayer is not paid within | year after the Department issued the original demand to tanstat, the Department shall issue another demand to transmit to the person responsible for making the payments informing him or her to continue fo transmit payments to the Departinent or that his or her duty to transmit the payments to the Department has ceased. 6. If the notice of the delinquency seeks to prevent the transfer or other disposition of a deposit a bank or credit union or other credits or personal property in the possession or under the control ofa bank, credit union ar other depository institution, the notice must be delivered or mailed to any branch or office of the bank, credit union or other depository institution at which the deposit is ‘carried or at which the credits or personal property is held 7. 1f any person notified by the notice of the delinquency makes any transferor other disposition of the propesty or debts requited to be ‘yithheld or transmitted, o the extent ofthe value of the property or the amount of the debts thus transferred or pai, that person is liable to the State for any indebtedness due pursuant to this chapter, chapter 360B, 362, 363A, 363B, 369, 370, 372, 372A, 374, 377, 377A, 377C of 444A of NRS, NRS 482.313, or chapter 585 or 680B of NRS or sections 2 to 61, inclusive, of this act from the person with respect to whose obligation the notice was given if soley by reason of the transfer or other disposition the State is unable to recover the indebtedness of the person with cespect to whose obligation the notice was given, ‘Sec. 67. NRS 363A.030 is hereby amended to read as follows: 363A.030 ["Employer"} 1. Except us otherwise provided inthis section, “employer” mcans any [financial] (@) Financial institution who is required to pay a contribution pursuant to NS 612.535 for any calendar quarter with respect to any business activity of the financial institution .(, except] (b) Person who is subject tothe tax on the net proceeds of minerals imposed pursuant tothe provisions of NRS 362.100 to 362.240, inclusive, whether or not the person is required to pay that tax ina particular calendar year, and who is required to pay a contribution ppursuaut io NRS 612.535 for any calendar quarter with respect to any business activity ofthe person, 2. The term does not inelude aa Indian tribe, 2 nonprofit organization or a political subdivision. 3. For the purposes ofthis section: [1,] (2) "Indian ibe" includes any entity described in subsection 10 of NRS 612.055, [2.] ©) "Nonprofit organization” means a nonprofit religious, charitable, fraternal or other organization that qualifies as a twxexempt organization pursuant to 26 USC. § 501(). [3.] (€) "Political subdivision” means any entity described in subsection 9 of NRS 612.055. Sec. 68, NRS 363A.130 is hereby amended to read 2s follows: 363A. 130 1, There] Except as otherwise provided in section 62 ofthis act, there is hereby imposed an excise tax on each employer at the rate of ? percent of the wages, as defined in NRS 612.190, paid by the employer during a calendar quarter with respect to «employment i connection with the business activities ofthe employer. 2. The tax imposed by this section Page 12 of 50Referendum Petition State of Nevada () Does not apply to any person or other entity or any wages this tate is prohibited from taxing under the Constitution, laws or treaties ofthe United State or the Nevada Constitution, (©) Must not be deducted, in whole or in pert, from any wages of persons inthe employment of the employer. 3. Fach employer shal, on or before the last day ofthe month immediately following each calendar quarter for which the employer is ‘equized to pay a contribution pursuant to NRS 612.535: (6) Fike with the Department « return on a form prescribed by the Department; and (©) Remit tothe Department any tax due pursuant to this section for that calendar quarter 4. In determining the amount ofthe tax due pursuant to this section, an employer is entitled to subtract from the amount calculated pursuant to subsection 1 a credit in an amount equal t 50 percent ofthe amount of the commerce tax paid by the employer pursuant to sections 20 61, inclusive, of ths at for the preceding taxable year. The credit may only be used for any of the 4 calendar quarters immediately following the end of the taxable yeur for which the commerce tax was paid. The amount of credit used for a calendar quarter may not exceed the amount calculated pursuant to subsection | for that calendar quarter. Any unused credit may not be carried forward beyond the fourth calendar quarter immediately following the end ofthe taxable year for which the commerce tax was pai, and a taxpayer isnot entitled toa refund of any unused credit Sec. 69. NRS 363B.030 is hereby amended to read as follows 363B,030 ["Employer"] 1. Except a otherwise provided in this section, "employer" means any employer who is required to pay a contribution pursuant to NAS 612.535 for any calendar quarter with respect to any business activity ofthe employer, except a] 2. "The term does not incinde: (©) fineocial institution f, an) ; (6) Any person who is subject tothe tx on the net proceeds of minerals imposed pursuent to the provisions of NRS 362.100 to 362.240, inclusive, whether or not the person is required to pay that tax in & particular calendar year, and who is required to pay & ‘contribution pursuant to NRS 612.535 for any calendar quarter with respect to any business activity of the person; 6) An indian tribe | 8}: {@) A nonprofit organization [a {@) A political subdivision ; oF [any] (8 Any person who does not supply a product or service, but who only consumes a service. 3. For the purposes of this section [L.] (2) "Financial institution” has the meaning ascribed to it in NRS 363A. 050, [2] (b) “indian tribe” includes any entity described in subsection 10 of NRS 612.055. [B.) (©) "Nonprofit organization” means a nonprofit religious, chariteble, fraternal or other organization thet qualifies es a taxexempt ‘organization pursuant to 26US.C. § 501). [4 (@) "Political subdivision” means any entity described in subsection 9 of NRS 612.055. Sec. 70. NRS 363B.110 is hereby amended to read as follows: 638.110 1. [There] Except as otherwise provided in section 62 of tis act, there is hereby imposed an excise tax on each employer at the rate of [0.63] 1.475 percent of the amount hy which the sum of all the wages, as defined in NRS 612.190, paid by the employer during a calendar quarter with respect to employment in connection with the business activites of the ermployer [] exceeds $50,000. 2. The tax imposed by this section (2) Does not apply to any person or other entity or any wages this State is prohibited from taxing under the Constitution, laws or ‘teats ofthe United States or the Nevada Constitution, {b)Must not be deducted, in whole or in part, from any wages of persons in the cmployment ofthe employer 3. Bach employer shell, on or before the last day ofthe month imameditely following each calendar quarter for which the employer is required to pay a contribution pursuant to NRS 612.535: (@) File with the Department a return on a form prescribed by tke Department; and (b) Remit othe Department any tax due pursuant to this chapter for that calendar quarter. 4. In determining the amount of the tax dve pursuant to this section, an employer is ented to subtrect ftom the amount calculated pursuant to subsection } credit ia au amount equal to 50 percect ofthe amount of the commerce tax paid by the employer pursuant to sections 2 to GI, inclusive, ofthis act forthe preceding taxable year. The credit may only be used for any ofthe 4 calendar quarters immediately following the end of the taxable year for which the commerce tax was paid. The amount of credit used for a calendar quarter may not exceed the amount calculated pursuant to subsection | for that calendar quarter. Any unused credit may not be carried forward beyond the fourth calendar quarcr immediately following the end of the taxable year for which the commerce tax was paid, and a taxpayer isnot emitled to a refund of any unused credit See. 71. NRS 370.165 is hereby amended to rea as follows 370.165 There i hereby levied a tax upon the purchase or possession of cigarettes by a consumer in the Stale of Nevada at the rate of [40] 90 mills per cigarette. The tax may be represented and precollected by the affixing of a reveme stamp or other approved evidence of payinent to each package, packet or container in which cigaretes are sold. he tax must be precolleted by the wholesale or retail dealer, ard must be recovered from the consumer by adding the amount ofthe tax tothe selling price. Each person who sells cigarettes Page 13 of 50Referendum Petition | State of Nevada e that the tux is included inthe selling price and is payable under the at retail shall prominently display on the premises a not provisions ofthis chapter. Sec. 72. NRS 370.260 is hereby amended to read as follows; 370,260 I. All taxes and license fees imposed by the provisions of NRS 370.001 to 370-430, inclusive, less any refunds granted as provided by law, must be paid to the Department in the form of remittances payable to the Department. 2. The Department shal: (@) As compensation o the State forthe costs of collecting the taxes and license fees, transmit each month the sum the Legislature specifies from tho remittances made to it pursuit to subsection | during the preceding month to the State Treasurer for deposit to the credit of the Department. The deposited money must be expended by the Department in accordance with its work program, (©) From the remittances made to it pursuant to subsection 1 during the preceding month, less the emount transmitted pursuant t0 ‘paragraph (a), transmit each month the portion ofthe tax which is equivalent to [35] 85 mills per cigarette to the State Treasurer for ‘epasit tothe credit of the Account for the Tax on Cigaretes in the State General Fund. () Transmit the balance of the payments each month to the State Treasurer for deposit inthe Local Government ‘Tax Distribution Account created by NRS 360,660. (@) Report to the State Controller monthly the amount ef collections. 3. The money deposited pursuant to paragraph (c) of subsection 2 in the Local Government Tax Distribution Account is hereby appropriated to Carson City and to each of the counties in proportion to their respective populations and must be credited to the respective accounts of Carson City and each county. Sec. 73. NRS 370.350 is hereby amended to read as follows: 370.350 1. Except as othecwise provided in subsection 3, a tax is hereby levied and imposed upon the use of cigaretes in this state. 2. The amount ofthe use tax is [40] 90 mills per cigarette. 3. The use tax does not apply were: (a) Nevada cigarette revenue stamps have been affixed to cigarette packages as required by law. (b) Tax exemption is provided for inthis chapter. Sec. 74. NRS 76.100 is hereby amended to read as follows: 76.100 1. A person shall not conduct a business in tis State unless und unl the person oblains a state business license issued by the Secretary of State, [The person is: (@) An enlty required to file an initial or annual fist with the Secretary of State pursuant to this title, the person must obtain the state Dusiness license atthe time of filing the initial or annual list (b) Not an entity required fo fle an initial or annval ist with the Secretary of State pursuant to this ttle, the person must obtain the state business license before conducting a business inthis State 2. An application fora state business license must: (@) Be made upon a form prescribed by the Secretary of State, (b) Set forth the name under which the applicant transacts or intends to transact business, or ifthe applicant is an entity organized pursuant to this title and on file with the Secretary of State, the exact nam on file wit the Secretary of Stat, the entity number as assigned by the Secretary of State, if known, and the location inthis State of the pluce or places of business; (©) Be accompanied by 8 fee in te amount of [$100;] $200, except that ifthe applicant is a corporation organized pursuant to chapler 78, 78A or TSB of NRS, of a foreign corporation required o file an initial or annual list withthe Secretary of State pursuant to chapter 80 of NRS, the application must be accompanied by a fee of $500; and (@) Include uny other information tha the Secretary of State deems necessary. If the applicant is an entity organized pursuant to this title and on fle with the Secretary of State and the applicant has no location in this State of its place of business, the address ofits registered agent shall be deemed to be the location in this State of its place of business. 3. The application must be signed pursuant to NRS 239.330 by: (@ The owner of a business that is owned by # natural person, (b) A momber or partner ofan association or partnership. (6) A general partner of a limited partnership (0) A munagiag partner of alimited-lsbility partnership. (¢) A manager or managing member of a limited-liability company (Aa officer ofa corporation or some other person specifically wuthorized by the corporation to sign the application. 4. If the application fora state business license is defective in any respect or the fee required by this soction is not paid, the Secretary of State may return the application for eorreotion or payment. 5, The state business license required to be obtained pursuant (o this section is in addition to any license to conduct business that must bbe obtained from the local jurisdiction in which the business is being conducted. 6. For the punposes ofthis chapter, a person shall be deemed to conduct a business in this State ia business for which the person is responsible: (@) Is organized pursuant to this tte, other than a business organized pursuant to: (1) Chapter 82 or 84 of NRS; or Page 14 of 50(2) Chapter 81 of NRS if the business is « nonprofit religious, charitable, frateenal or other organization that qualifies as a lwc-exernpt organization pursuant to 26 US.C. § S01), (b) Has an office or other base of operations in this State; (c)Hias a registered agent in this State; or (@) Pays wages or other remuneration to a natural person who performs in this State any ofthe duties for which he or she is paid. 7. As used in tis section, “registered agent" has the meaning ascribed to it im NRS 77.230. See. 75. NRS 76.130 is hereby amended to read as follows’ "76.130 1. [A] Except as otherwise provided in subsection 2, a person who applies for renewal ofa state business license shall submit a {ee in the amount of [$100] $200 to the Secretary of State (6) Ifthe person is an entity requiced to file an annual lst with the Secretary of State pursuant to this title, atthe time the person submits the annual list tothe Secretary of State, unless the person submits a certificate or other form evidencing the dissolution ofthe entity; or (b) If the person is not an entity required to file an annual list with the Secretary of State pursuant to this ttle, on the last day of the ‘month in which the anniversary date of issuance of the state business license occurs in each year, unless the person submits a written statement fo the Secretary of State, atleast 10 days before that date, indicating thatthe person will not be conducting a business in this State after that date 2. 1f the person epplying for the renewal ofa state business license pursuant to subsection 1 is a corporation organized pursuant to chapter 78, 78A oF 78B of NRS, or a foreiga corporation required to file an initial or annual lst wit the Secretary of State pursuant to chapter 80/of NRS, the fee for the renewal of a state business license is $500, 43. The Secretary of State shall, 90 days before the last day for filing an application for renewal ofthe state business license of a person ‘who holds a state business license, provide to the person a notice ofthe state business license fee due pursuant to this section and a reminder to file the application for renewal required pursuant (o this section, Failure of any person to receive @ notice does not excuse the person from the penalty imposed by law. [3.4 Tra person fails to submit the annual state business license fee required pursuant to this section in a timely manner and the person is (@) An eatity requiced to file an annual list with the Secretary of State pursuant to this tte, the person: (1) Shall pay a ponalty of $100 in addition tothe annual state business license fe (2) Shall be deemed to have not complied with the requirement to file an annual list withthe Secretary of State; and G) Is subject to all applicable provisions relating tothe failure to file an annual ist, including, without limitation, the provisions governing defust and revocation ofits charter or right to transact business inthis State, except thatthe person is required to pay the penalty set forth in subparagraph (1). (b) Not an entity required to file an annual list with the Secretary of State, the person shall pay a penalty in the amount of $100 in ‘addition to the annual state business license fee. Tho Seerotay of State shall provide to the person a written notice tht: (() Must include a statement indicating the amount ofthe fees and penalties required pursuant to this section and the costs remaining unpaid, (2) May be provided electronically, ifthe person has requested to receive communications by electronic transmission, by electronic mail or other electronic communication, Sec. 75.5. NRS 78.150 is hereby amended to read as follows: 78,150 1. A corporation organized pursuant to the laws of this State shall, on or before the last day of the first month after the filing of its articles of incorporation with the Secretary of State or, ifthe corporation has selected un alternative due date pursuant to subsection 11, on or before that alternative due date file with the Secretary of State alist, on a form furnished by the Secretary of State, containing: (2) The name of the corporation; (b) The file number of the corporation, if known; (©) The names and titles ofthe president, secretary and treasurer or the equivalent thereof, and of all the directors ofthe corporation; (@) The addres, either residence or business, ofeach officer and director listed, following the name of the officer or director, and (€) The signature of an officer ofthe carporation, or some other person speeifically uuthorized by the corporation to sign the list, certifying that the lst is tue, complete and accurate 2. The corporation shall annually thereafter, on or before the last day of the month in which the anniversary date of incorporation ‘cours in each year o, if pursuant to subsection [1, the corporation has selected sn alternative due date for filing the lst required by subsection 1, on or before the last day of the month in which the anniversary date of the altemative due date occurs in each year, with the Secretary of State, on a form furnished by the Secrelary of State, an annual list containing all of the information require subsection 1 3. Each list required by subsection | or 2 must be accompanied by’ (8) A declaration under penalty of perjury that (1) The corporation has complied with the provisions of chapter 76 of NRS; Page 15 of 50{2) The corporation acknowledges that pursuant to NRS 239.330, its category C felony to knowingly offer any false or fored instrument for filing with the Office ofthe Secretary of State; and G)None ofthe officers or draotors identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of an officer or director in furtherance of any unlawful conduct. (8) A statement as to whether the corporation isa publicly traded company. Ifthe corporation is publicly traded company, the corporation must ist is Central Index Key. The Secretary of State shall include onthe Secretary of State's Intemet website the Central Index Key ofa corporation provided pursuant to this paragraph and instructions deseribing the manaer in which a member ofthe public may obtain information concerning the corporation frum the Securities and Exchange Commission, 4. Upon fling the list required by () Subsection 1, the corporation sball pay to the Secretary of State a fee of [$125 $150. () Subsection 2 the corporation shall pay to the Secretary of Stat, ifthe amount represented by the total numberof shares provided for inthe articles is $875,000 or less ~ {9125} siso ‘Over $75,000 und not aver $200,000 [175] 200 ‘Over $200,000 and not over $500,000 (275) 300 ‘Over $500,000 and not over $1,000,000 B75} 400 Over $1,000,000 For the frst $1,000,000 [373] 400 For each additional $500,000 or fraction ther20f oo 275 The maximum fee which may be charged purswaat to paragraph (b) for filing the annual lists [$11,100.] $11,125. 5. Ifa director or officer of a corporation resigns and the resignation is not reflected on the annual or amended list of directors and officers, the corporation or the resigning director or officer shall pay tothe Secretary of State a fee of $75 to fie the resignation, 6. The Secretary of Seat shall, 90 days bofore the last day for fling each annual list required by subsection 2, provide to each corparation which is required to comply with the provisions of NRS 78.150 to 78.185, inclusive, and which has not become elinquent, a notice ofthe fee due pursuant to subsection 4 and a reminder to file the annual list required by subsection 2. Failure of any corporation to receive a notice does not excuse it from the penalty imposed by la 7. Ifthe list to be fled pursuant to the provisions of subsection | or 2 is defective in any respect or the fee required by subsection 4 is not paid, the Secretary of State may retum thelist for correction or payment. 8. An annual lst fora corporation notin defauft which is reveived by the Secretary of State more than 90 days before its due date shall bye deemed an amended ist for the previous year and must be accompanied by the appropriate fee as provided in subsection 4 for filing, A payment submitted pursuant to this subsection docs not satisfy the requirements of subsection 2 for the year to which the due date is applicable 9. A person who files with the Secretary of State a list required by subsection 1 or 2 which identifies an officer or director with the fraudulent intent of concealing the identity of any person ar persons exercising the power or authority of an officer or director in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084, 10, For the purposes ofthis seetion, a stockholder is not deemed to exercise actual control of the daily operations of a corporation ‘based solely on the fact thatthe stockholder has voting control ofthe corporation. 1. The Secretary of State may allow a corporation to select an alternative due date for filing thelist required by subsection 1 12. The Secretary of State may adopt regulations to administer the provisions of subsection 1 Sev. 76. NRS 78.245 is hereby amended to read us follows: 78.245 [No] 1. Except as otherwise provided in subsection 2, no stocks, bonds or other securities issued by any coxporation organized under this chapter, nor the income or profits therefrom, nar the transfer thereof by assignment, descent, testamentary disposition or otherwise, shall be taxed by this State when such stocks, bonds or other securities shall be owned by nonresidents of this State or by foreign corporations. 2. The provisions of subsection I do not apply to the commerce tax imposed pursuant to sections 2 to 61, inclusive, ofthis act See. 76.1. NRS 80.110 is hereby amended to read as follows: 80.110 I. Esch forcign corporation doing business in this State shall, on or before the last day of the first month after the information required by NRS 80.010 is filed with the Secretary of State or, if the foreign corporation has selected an alternative due date pursuant to subsection 9, on or before that altemative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this State occurs in each year or, ifapplicable, on or before the last day of the ‘month in Which the anniversary date of the alternative due date occurs in each Year, file with the Secretary of State a lst, on a form furnished by the Sccretary of State that contains (a) The names and addresses, either residence or business, of ts president, secretary and treasurer, or the equivalent thereof, and all of its directors; and Page 16 of SOReferendum Petition State of Nevada (b) The signature ofan officer ofthe corporation or some other person specifically authorized by the corporation to sign the lis. 2, Hach list filed pursuant to subsection | must be accompanied by: (A declaration under penalty of perjury that: (1) The foreign corporation has complied with the provisions of chapter 76 of NRS; (2) The foreign corporation acknovledges that pursuent to NRS 239,330, itis a category C felony to knowingly offer any false or forged instrument for filing with the Office ofthe Secretary of State; and| {3) None ofthe officers or directors identified inthe list has been identified inthe list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of an officer or director in furtherance of any unlawful conduct. (B) A statement as to whether the forcign corporation is a publily traded compaay. Ifthe corporation is a publicly traded company, the ‘corporation must list its Central Index Key. The Scorctary of State shall include on the Secretary of State's Internet website the Central Index Key of a corporation provided pursuant o this subsection and instructions describing the manmer in which a member of the lic may obtain information concerning the corporation fom the Securities and Exchange Commission. 3. Upon filing (@) The initial list required by subsection 1, the corporation shall py to the Secretary of State a fee of ($125.] SISO, (b) Each annual list required by subsection I, the corporation shall pay to the Secretary of State, ifthe amount represented by the total ‘number of shares provided for inthe articles is, $575,000 0F le38 veo . {$125} $150 Over $75,000 and not over $200,000 [175] 200 (Over $200,000 and not over $500,000 275) 300 Over $500,000 and not ever $1,000,000, 1375] 400, Over $1,000,000: or the frst $1,000,000 (575) 400, For each additional $500,000 or fraction thereof. 275 “The maximum fo which maybe charged pursuant to paragraph (0) for fing the annual it S11, 100 $1, 125, 44 Ifa director a officer of a corporation resigns and the resignation is ot reflected onthe annual or amended ist of directors and officers, the corporation or the resigning director or officer sll pay to the Serstary of State a fee of $75 to file the resignation. 5. The Secretary of State shall, 90 days belore the fst dy for filing each annual ist required by subsection 1, provide to cach corporation whic is rexuired to comply with the provisions of NRS 80.110 to 80.175, inclusive, and which has not become delinquent, a notice ofthe feed pursuant to subsection anda reminder a flethe ist pususet to subsection 1. Peiure of any corporation to receive a notie doesnot excuse i rom the penalty imposed bythe provisions of NRS 80.110 to 80.175, inclusive. 6. An annua is for a corporation notin default whichis received by the Secretary of State more than 90 days before its duc dato shall be decmed an amended list for the previows year and does not satisfy the requirements of subsection 1 forthe year o which the due dhte is applicable. 7A person wh files with the Secretary of Sate lst required by subsection I which identifies an officer or director with the fiandalent intent of concealing the identity of any person or persons exercising the power or authority of an officer or director in finterance of any unlawful conduct is subject tothe penalty set forth in NRS 225.084, §: For the purposes ofthis ection, a stockholder isnot deemed to exereive atu control ofthe dily operations of a corporation based solely onthe fact thatthe stockholder has voting control of the corporation 9. Tho Secretary of State may allow a foeign corporation to select ay alteruaive due date for fling the inital list required hy subsection | 10. The Secretary of State may adopt regulations to administer the provisions of subsection 9 Soc. 76.15, NRS 82.195 is hereby amended to ead as follows 82.1931, A corporation shalt have a registered agent in the manner provided in NRS 78,090 and 78.097. The registered agent end the corporation shall comply wit the provisions ofthove sections. 2 Upon nolitcation from the Administrator ofthe Real Este Division ofthe Department of Business and Industry that a corporation shih sa univowners association as defined ia NRS. 116.011 or 116B.030 has led fo rexister pursuant to NRS 116.51138 or "163.625 or led to pay te fees pursuut io NRS 116.31155 oc 116B.620, te Secretayof State shal deem the corporation be in default If efter the corporation is deemed to bein default, the Adminstrator notifies the Secretary of State that the corporation has registered pursuant to NRS 116.31158 or 116D.625 and paid the fees pursint to NRS 116.31 155 or 116B.620, he Seorctary of State Sha reinsite the corporation ithe corporation complies withthe reqirements for reinstatement as provided in this section and NRS. 78.180 and 78.185 3, A comporatian i subject to the provisions of NRS 781500 78.185, ncosive, excep hat: (a) The fe foe lng a isis [8255] $50; (b) The penalty aed for dol is SSO; and (©) The fee foe reinstatement is $100 Page 17 of 50Referendum Petition State of Nevada Sec. 76.2. NRS 82.523 is hereby amended to read as follows 482,523 1. Each foreign nonprofit cosporation doing business in this Stato shall, on or before the last day of the first month after the filing ofits application for egistration asa foreign nonprofit corporation withthe Secretary of State or, ifthe foreign nonprofit corporation has selected an alternative due date pursuant to subsection 9, on or before tht altemative due date, snd annually thereafter ‘on or before the last day of the month in which the anniversary date of its qualification todo business inthis State occurs in each year of, ifapplicable, on or before the last day ofthe month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State lis, ona form furnished by the Secretary of State, that contains: (a) The name ofthe foreign ‘nonprofit corporation; (b) The file number ofthe foreign nonprofit corporation, if known; (6) The names and titles ofthe president, the secretary and the treasurer, or the equivalent thereof, and all the dire nonprofit corporation; (@) The address, either residence or business, ofthe president, secretary and treasurer, or the equivalent thereof, and cach director of the foreign nonprofit corporation: and (©) The signature of an officer of the foreign nonprofit corporation, or some other person specifically authorized by the foreign ‘nonprofit corporation to sign the list, certifying thatthe list is true, complete and accurate 2. Each list filed pursuant to this section must be accompanied by @ declaration under penalty of perjury that: (@ The foreign nonprofit corporation has complied with the provisions of chapter 76 of NRS: (b) The foreign nonprofit corporation acknowledges that pursuant to NRS 239.330, its @ category C felony to knowingly offer any false or forged instrument for filing with the Ofice of the Secretary of State; and (©) None of the officers or directors identified in thelist has been identified inthe list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of an officer or director in furtherance of any unlawful conduct. 3. Upon filing the initial ist and each annual list pursuant to this section, the foreign nonprofit corporation must pay to the Secretary of State a fee of [825.] 50. 4. The Seoreiary of Sate shall, 60 days before the last day for filing each annual list, provide to each foreign nonprofit corporation “which is required to comply with the provisions of NRS 82.523 to 82.5239. inclusive, and which has not become delinquent, & notice (of the fee due pursuant to subsection 3 and a reminder to file the list required pursuant to subsection 1, Failure of any foreign nonprofit ‘corporation to receive a notice does not excuse it from the penalty imposed by the provisions of NRS 82.523 to 82.5239, inclusive. 5. Ifthe lst to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 3 is not paid, the Secretary of State may retum the lst for correction or payment. 6. An annual list for a foreign nonprofit corporation not in default that is received by the Secretary of State more than 90 days before its due date shall bo deemed an amended list forthe previous year and does not satisfy the requirements of subsection 1 forthe year to which the due date is applicable. 7A person who files with the Secretary of State ist pursuant to this section which identifies an officer or director with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of an officer or director in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084. 8. For the purposes of this section, a member of a foreign noxprolit corporation is not deemed fo exercise actual control ofthe daily operations of the foreign nonprofit corporation based solely onthe fact thatthe member has voting control ofthe foreign nonprofit, corporation, 9, The Secretary of State may allow foreign nonprofit corprstion to select an allerative due date for filing the intl Hx reqired by this seetion, 10. The Secretary of State may adopt regulations to administer the provisions of subsection 9. See, 76.25. NRS 84,110 is hereby amended to read as follows: 84.110 1. Every corporation sole must havea registered agent inthe manner provided in NRS 78,090 and 78.097. The registered went shall comply with the provisions of those sections 2. A corporation sole is subject to the provisions of NRS 78.150 to 78.185, inclusive, except that: () The fee for filing a list is (S25:] $50; (b) The penalty added for default is $50; and (6) The fee for reinstatement is $100. See. 76.3. NRS 86.263 is hereby amended to read us follows: 86.263 1. A limitod-lisbility company shall, on or before the last day of the first month afer the filing of its articles of organization with the Secretary of State or, if the limited liability company has selected an alternative due date pursuant to subsection 11, on or botore that alternative due date, file withthe Secretary of State, ona forma furnished by the Secretary of State, alist that contains: (@) the name ofthe limited-liability company (b) The file number ofthe limitedctigbility company, ifknown; (©) The names and tiles ofall ofits managers or, iFthere is no manager, all ofits managing members; (@) The addeess, either residence or business, of each manager or managing member listed, following the name of the manager or ‘managing member; and ts of the foreign Page 18 of 50Referendum Petition State of Nevada () The signature of a manager or managing member ofthe limited-liability company, or some other person specifically authorized by the limited-fiability company’to sign the lis, certifying tht the list is true, complete and accurate. 2. The limited-libility company shall thereafter, on or before the last day ofthe month in which the anniversary date ofits organization occurs or. if, pursuant to subsection 11, the limitedlibility company has selecied an alternative due date for filing thelist reaquited by subsection 1, on or before the last day ofthe month in which the anniversary date ofthe alternative due date occurs in each ‘yea, file wih the Secretary of State, on a form furnished by the Secretary of State, an annual list containing all of the information Fequired in subseetion 1 5, Each lst required by subsections 1 and 2 must be accompanied by a declaration under penalty of perjury that: {The limited-Hiability company has complied with the provisions of chapter 76 of NRS {b) The limited-liability company acknowledges that pursuant to NRS 239.330, itis a category ‘or forged instrument for fling inthe Office of the Secretary of State; and (©) None of the managers or managing members identified in the list has becn identified in the lst with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority ofa manager or managing member in furtherance of any unlawful conduct, 4. Upon filing: (@) The intial list required hy subsection 1, the limited-tibilty company shall pay to the Secretary of State a fee of [$125.] $150. (b) Bach annual list required by subsection 2, the limitedliability company shall pay to the Seoretary of State a fee of [S125] $150. 5. Ifamanager or managing member of a limited-lablity company resigns and the resignation is not reflected on the annual or amended list of managers and managing members, the limitedliabilty company or the resigning manager or managing member shall py to the Secretary of State a fee of $75 to file the resignation. 6. The Sccretary of State shall, 90 days before the last day for filing each lst required by subsection 2, provide to each limitedliability company which is required to comply withthe provisions of this section, and which has not become delinquent, a notice ofthe fee due under subsection 4 and a rerinder to file the lst required by subsection 2, Fallure of any company to receive a notice does not excuse it from the penalty itaposed by law 17. Ifthe list to be fled pursuant to the provisions of subsection 1 or 2is defective or the fee required by subsection 4 is not paid, the Seoretary of State may retum the lst for corection or payment. 8, An annual lst fora limited-liability company not in default received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year. ‘9. A person who files with the Secretary of State @ list required by subsection 1 or 2 which identifies « manager or managing member With the fraudulent intent of concealing the identity of any persox or persons exercising the power or authority of a manager or managing member in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084, 10, For the purposes of this section, a member is not deemed to exercise actual control ofthe daily operations of a Limited-iability ‘company based solely on the fact that the member hus voting controt of the limited-liability company. 1. The Secretary of State may allow a limitedtiabitity company to select an alternative due date for filing the list required by subsection 1 12. The Secretary of State may adopt regulations to administer the provisions of subsection 11 ‘Sec. 76.35, NRS 86.5461 is hereby amended to read as follows: 186.5461 1. Rach foreign limited-liablity company doing business inthis State shall, on or before the last day ofthe first month after the fling ofits application for registration as a foreiga limited-liabilty company withthe Sectetary of State or, ifthe foreign limited- liability company has selected an alternative due date pursuant to subseotion 10, on or before that alternative due date, and annually thereafler on or before the last day ofthe month in which the anniversary date of i qualification to do business inthis State occurs in each year or, ifapplicable, on or before the last day of the month in which the anniversary date ofthe alternative due date occurs in teach year, file with the Seeretary of State alist on a form furnished by the Seeretary of State that contains: () The name of the foreign limited-lability company; (b) The file number of the foreign limited-Libilty company, if known; (6) The names and titles of all its managers or, if there is 20 manager, all its managing members; (@) The addres, either residence or business, of each manager or managing member listed pursuant to paragraph (c); and (6) The signature of a manayer or managing member ofthe foreign limited-libility company, or soine other person specifically authorized by the foreign limited-libility company to sign thelist, certifying that the list is true, complete und accurate 2, Each list fled pursuant to this section must be accompanied by declaration under penalty of perjury tht: (j) Ihe foreign limited-labiity company has complied withthe provisions of chapter 76 of NRS; (b) The foreign limited liability company acknowledges that pursuant to NRS 239330, itis a category C felony to knowingly offer any false or forged instrument for fling with the Office ofthe Secretary of State: and (©) None of the managers or managing members identified in thelist has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or aulhorty of a manager or managing member in furtherance of any unlawful conduct, 3. Upon filing: "felony to knowingly offer any false Page 19 of 50Referendum Petition State of Nevada (a) The intial list required by this section, the foreign limitedliabilfly company shall pay tothe Secretary of State a fee of [$125.] $150. (©) Each annual list required by this section, the foreign limitedliability company shall pay tothe Secretary of State a fee of [$125.] $150. 4, 1fa manager or managing member of a forsign fimitedliability company resigns and the resignation isnot reflected on the anual or amended list of managers and managing members, the foreign limited-liability company or the resigning manager or managing member shall pay to the Secretary of State a fee of $75 to file the resignation, 5. The Secretary of State shail, 99 days before the last day for filing each snmual list required by this seetion, provide to each foreign limited-liability company which is required to comply with the provisions of NRS 86.5461 to 86.5468, inclusive, and which has not become delinquent, # notice ofthe fee due pursuant to subsection 3 and a reminder to file the list required pursuant to subsection 1 Failure of any foreign limited-liabilty company to receive a notice daes not excuse it fom the penalty impased by the provisions of RS 86.5461 to 86.5468, inclusive. 6.1E the list to be filed pursuant to the provisions of subsection is defective or the fee required by subsection 3 isnot paid, the Secretary of State may return thelist for correction or payment. 7. An annual lst for a foreign limited-iablity company not in default whichis received by the Secretary of State more than 90 days before its dve date shall be deemed an amended list fr the previous year and docs not satisfy the requirements of this ection forthe year to which the due date is applicable. 8. A person who files with the Secretary of Stale a list required by this section which identifies a manager or managing member with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a manager or managing ‘embers in furtherance of aay ualaviful conduct is subject to the penalty set fort in NRS 225,084, 9. For the purpases ofthis section, # member is not deemed to exercise actual control ofthe daily operations ofa foreign limitedliability company based solely on the fact that the member has voting control ofthe foreign limite-labiity company. 10. The Secretary of State may allow e foreign limited-lability company to select an alternative due date for filing the intial ist required by this section, 1. The Secretary of State may adopt regulations to administer the provisions of subsection 10. Sec. 76.4. NRS 87.510 is hereby amended to read as follows: 87,510 1. A registered limited-lablity parinership shall, on or before the last day ofthe first month aftr the filing of ts certificate of registration with the Seeretary of State or, if the registered limited-libilty partnership has selected an alternative due date pursuant 10 subsection 8, on or before that altemative due date, and annually thereafter on or before the last day of the month in which the anniversary date of the fling of its certificate of registration with the Secretary of Sate occurs or, ifapplicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State, on @ form furnished by the Secretary of State, a ist that contains: (a) The name ofthe registered liited-liability partnership; (b) The file number of the registered limited-lability partnership, if known; (6) The names of all ofits managing partners; (@) The address, either residence or business, of each managing partner, and (©) The signature of a managing parincr of the registered limited-liablity parnership, or some other person specifically authorized by the registered limited-Jiability partnership to sign thelist, certifying that thelist is true, complete and accurate, ach lst fled pursuant 1 this subsection must be accompanied by a declaration under penalty of perjury that the registered limitedliabilty partnership has complied with the provisions of chapter 76 of NRS, that the registered limited-liability partnership acknowledges that pursuant to NRS 239.330, itis category C felony to knowingly offer any false or forged instrument for filing in the Office ofthe Secretary of State and that none of the managing partners identified in the list has been identified in thelist withthe fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a managing partner in furtherance of any unlawful conduct. 2. Upon filing: (4) The initial lst required by subsection 1, the registered fimited-Liabilty partnership shal pay to the Secretary of Stato fee of [$125.1 $150. (b) Bach annual list required by subsection 1, the registered limited-liabilty partnership shall pay to the Secretary of State a fee of {8125 s1so. 3 Ifa managing parer of registred limited. partnership resign nd the resignation it ot flee one anal or amended lit of menaging pares ie register iit-sabltypartership or he resigning managing partner shal pay othe Secret af Stat a fo of $75 toile the resignation, 4h Secretary of State shall t least 90 days before the last ay fo fling cach annua ist required by sobsection 1, provide othe ‘existed mid ability partnership notice ofthe ee due pursact to absection 2 and a remind le the ann Tit equred by Subseation I The fire oF any registered imitedliailiy pariah 0 resive x notice des oot exes tom complying wie roviions ofits section, Sette list toe led pursuant tothe provision of subsection |i defective o the fe required by subsection 2 is ot pai, he Seereiayof Sse may return thelist for conection or payment Page 20 of 50Referendum Petition 0 State of Nevada 6, Ans smaual list that i filed by a registered limited-iability partnership which is notin default more than 90 days before it is due shall bbe deemed an amended list forthe previous year ans! does net satisfy the requirements of subsection | forthe year to whieh the due date is applicable 7A person who files with the Secretary of State an initial list or annual list required by subsection 1 which identifies a managing partner with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a managing partner in furtherance of any unlawful conduct i subject tothe penalty set forth in NRS 225.084, 8. The Secretary of State may allow a registered limitedliabiity parinership to select an alternative due date for filing the inital list required by subsection 1 9. The Secretary of State may adopt regulations to administer the provisions of subsection 8. Seo. 76.45. NRS 87.541 is hereby amended to read as follows: 87.541 1, Bach foreign registered limited-liaility partnership doing business inthis State shall, on or before the lat day ofthe frst rmoath after the fling of is application for registration as a forsign registered limited-libillty partnership withthe Secretary of State cr, if the forcign registered limited-liabilty partnership has selected an alternative due date pursuant to subsection 9, on or before that alternative due date, and annually thereafter on or before the last day ofthe month in which the anniversary date of its qualification to ‘do business in this State oceurs fn each year or, if applicable, on or before the last day ofthe mouth in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a lst, oma form furnished by the Secretary of State, that ‘contains: (a) The name ofthe foreign registered limited-liabilty partnership; (b) The filo number ofthe foreign registered limited-lability partnership, known; (e) The names of al its managing partners; (@) The address, either residence or business, of each managing partner; and (c) The signature of a managing partner of the foreign registered limted-liability partnership, or some other person specifically authorized by the forcign registered limited-liability partnership to sign the lis, certifying that the list is tue, complete and accurate 2. Fach list fled pursuant to this section must be accompanied by a declaration under penalty of perjury that (6) The foreign registered limited-liaility parmership has complied with the provisions of chapter 76 of NRS; (b) The foreign registered limited partnership acknowledges that pursuant to NRS 239.330, itis a category C felony to knowingly offer any flse or forged instrument for filing inthe Office of the Secretary of State; and (©) None of the managing partners identified inthe list has been identified in the list with te fraudulent intent of concealing the identity of any person or persons exercising the pawer or authority of managing partner in furtherance of any unlawful conduct. 3. Upon filing () The initial list eequited by this section, the foreign registered limited-lisbility partnership shall pay to the Secretary of State a fee of [s12s. $150. (b) Bach annual list required by this section, the foreign registered limited-lability partnership shall pay to the Secretary of State a fee of [$125,] $150. 4 If managing partner ofa foreign repistered limited-lisbility partnership resigns and the resignation isnot reflected on the anal or amended list of managing partners, the foreign registered limitedliability partnership or the managing partner shall pay to the Secretary ‘of Suite a fee of $75 to file the resignation 5. The Secretary of State shall, 9 days before the last day for filing each annual list required by subsection 1, provide to each foreign registered limited- liability partnership which is required to comply with the provisions of NRS 87.541 to 87.544, inclusive, and which has not become delinquent, a notice ofthe fee due pursuant to subsection 3 and a reminder to file the lst required pursuant 10 subsection |, Failure of any foreign rogistered limited-liabilty partnership to receive a notice does not excuse it from the penalty {imposed by the provisions of NRS 87.541 to 87.544, inclusive. 6, Tf the list co be fled pursuant to the provisions of subseotion 1 is defective or the fee required by subsection 3 is not pa Secretary of Stato may return the lst for correction or payment. 7. Am annual list fora foreign registered limited-libility partnership notin default which is received by the Secretary of State more. ‘than 90 day’ before its due date shall be deemed an amended list forthe previous year and does not satisfy the requirements of subsection | for the year to which the due date is applicable. 8, A person who files withthe Secretary of State an initial list or annual list required by subsection 1 which identities « managing partner with the fraudulent intet of concealiag the identity of any person or persons exercising the power und authority of a managing ‘partner in furtherance of any unlawful conduct is subject tothe penalty set forth in NRS 225.084, 9, The Secretary of State may allow a foreign registered fimited-liabilty partnership to select an alternative due date for filing the inital list required by this section, 10. The Secretary of State may adopt regulations to aulminister the provisions of subsection 9 Sec. 76.5. NRS 874.290 is hereby amended to read as follows: 87A.290 1. A limited partnership shall, on or before the last day ofthe first month after the filing ofits certificate of limited partnership with the Secretary of State or, ifthe limited partnership hus selected an alternative die date pursuant to subsection 10, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of the the Page 21 of 50Referendum Petition State of Nevada fling of ts verficate of limited partnership occurs o, ifapplicable, on or before the last day of the month in which the anniversary date of the altemative due date ovcurs in each year file withthe Secretary of State, on a form furnished by the Secretary of Slate, alist that contains: a) The name of the limited partnership (b) The file number of the limited partnership, if known; (©) The names ofall of its general partners; (4) The address, either residence or business, of each general partner, and (@) The signature of a general partner ofthe limited parmership, or some other person specifically authorized by the limited partnership to sign thelist, certifying that thelist is true, complete and accurate. Tach fst filed pursuant to this subsection must be accompanied by a declaration under penalty of perjury that the limited partnership has complied with the provisions of chapter 76 of NRS, thatthe limited partnership acknowledges that pursuant to NRS 239,330, itis a category C felony to knowingly offer any false or forged instrument for fling inthe Office ofthe Secretary of State, and that none of the general puriners identified inthe list has been identified inthe list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a general partner in furtherance of any unlawful conduct. 2. Bxcept as olherwise provided in subsection 3, a limited partnership shall, upon fling: (@) The initial list required by subsection 1, pay tothe Secretary of State a fee of [S125.] $150. (b) Bach annual list required by subsection 1, pay to the Secretary of State a fee of ($125.] $150. 43. A registered limited-lnbility limited partnership shall, upon filing: {(@) The initial list required by subsection 1, pay to the Secretary of State a fee of ($125.] $150. {(b) Bach annual list required by subsection 1, pay o the Secretary of State a fee of [S125.] $150. 4,1f a general parte of a limited partnership resigns and the resignation is not reflected on the annual or amended list of generat ‘partners, the limited partaership or the resigning general partner shall pay to the Secretary of State a fee of $75 to file the resignation 5. The Socretary of State shall, 90 days before the last day for filing each annual list required by subsection 1, provide to each limited partnership which is required to comply withthe provisions of this section, and which has not become delinquent, a notice of the fee due pursuant tothe provisions of subsection 2 or 3, as appropriate, and a reminder to file the annual lst required pursuant to subsection I. Failure of any limited perinership to receive @ notice does not excuse it from the penalty imposed by NRS 87A.300, 6. [f the list to be filed pursuant tothe provisions of subsection | is defective or the fee required by subsection 2 or 3 is not paid, the Secretary of State may return the list for correction or payment. 7. An annual lst for a limited partaership not in default that is recvived by the Secretary of State more than 90 day’ before its due date shall be deemed an amended list fr the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable 8. filing made pursuant to this section does not satisfy the provisions of NRS 87.240 and may not be substituted for flings submitted pursuant to NRS 874.240. 9, A person who files with the Secretary of State list required by subsection 1 which identifies a general partner withthe fraudulent intent of concealing the identity of any person or persons exercising the power or authority ofa general partner in furtherance of any unlawful conduct is subject tothe penalty set forth in NRS 225.084, 10, The Secretary of State may allow a limited parinership to select an alternative due date for filing the initial list required by subsection 1 11, The Secretary of State may adopt regulations to administer the provisions of subsection 10. Sec. 76.55. NRS 87A.560 is hereby amended to read as follows: 874.560 |. Each foreign lznited partnership doing business in this State shall, on or before the last day of the first month afte the filing ofits application far registration as a foreign limited partnership with the Secretary of State or, ifthe foreign limited partnership has selected an alternative due date pursuant to subsection 9, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this State occurs in each year of, if applicable, on or before the last day ofthe month in which the anniversary date of the alternative due date occurs in each year, fle ‘withthe Secretary of State a lis, ona form furnished by the Secretary of State, that contains: (2) The name ofthe foreign limited partnership; (b) The file number of the foreign limited partnership, if known; (©) The names of al its yeneral partners; (@) The adress either residence or business, of each general partner, and (€) The signature of general partner of the forciga limited partnership, or some other person specifically authorized hy the foreign limited partnership to sign the lst, certifying thatthe list is true, complete and accurate. 2. Each list filed pursuant to this seetion must be accompanied by a declaration under penalty of perjury that: (@) The foreign limited partnership has complied with the provisions of chapter 76 of NRS; (6) The foreign limited partnership acknowledges that pursuant to NRS 239.320, itis a category C felony to knowingly offer any false or forged instrument for fling in the Office ofthe Secretary of State; and Page 22 of 50Referendum Petition 0 State of Nevada (6) Noue of the general parters identified inthe Tisthas been identified in the list withthe fraudulent itent of concealing the identity of any person or persons exercising the power or authority ofa general parmein furtherance of eny unlawful conduct 3, Upon filing (a) The ital list required by this section, the forciga limited parinership shall pay tothe Secretary of State a fee of [8125] $150 6) Bach annual lis required by this section, the foreign Finite parinershp shall pay tothe Secretary of State a fee of [$125.] $150, 4,1 general partner ofa foreign limited partnership resign and the resignation is not reflected on the annual or amended list of ‘general partners, the foreign limited parznership or the resigning general partner shall pay tothe Secretary of State a fe oF $75 t file the resignation of the general partner. 5, The Secretary of Ste shall, 90 days before the lst day for filing each annual ist required by subsection 1, provide to each foreign limited parmership, which is required to comply with the provisions of NRS &7A.560 to 87.600, inclusive, and which has nat ‘econ delinquent, a notice ofthe fee due pursuant to subsection 3 and a reminder o file the lst tequired pursuant to subsection | Failure of any foreign limited partnership to receive @ notice docs not excuse it fom the penalty imposed by the provisions of NRS 87A,560 to 87A.600, inclusive 6. Ite lst tobe filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection isnot pad, the Secretary of Sate may tetum thelist for correction or payment 7, An annual lis fora foreig limite partaership notin default which is received by the Seorctary of State more than 90 days hefore iss due date shall be deemed an amended lst forthe previous year and does not satisfy the requirements of subsection I forthe year to ‘which the dve date is applicable, A person who files wit the Secretary of State alist required by this seation which identifies a general pariner wih the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of general partner in furtherance of any unlawfl conduct s subject tothe penalty set forth in NRS 225.084, 9. The Secretary of State may allow a foreign limited partnership to sclest an alternative due date for fing the inital ist required by this section. 10. The Secretary of State may adopt regulations to administer the provisions of subseston 9. Sec. 1.6, NRS 85.395 is hereby amended to read as follows 188.395 I. A limited partnership shall, on or before the last day of the fist month after the filing of its certificate of fimited partnership ‘withthe Secretary of Stat or, i the limited parinership has selected an alternative due date pursuant to subsection 10, on or before that Alternative due date, and annually thereafter on or bore the last day ofthe month in which the aniversary date of the filing ofits certificate of linited partnership occu or, if applicable on or before the ast day ofthe month in whic the anniversary date ofthe alteratve due date occurs in cach year, file with the Secretary of State, ona form furnished by the Secretary of Stat, alist that contains: (@) The name of the limited partnership; (@) The fle number ofthe limited partnership, if kno (©) The names of al oft general partners; {(€) The address, either residence oF business, ofeach general pariner; and {© Tie signature ofa general partes ofthe limite partnership, oF some other person specifically authorized bythe limited partnership to sign thelist, certitying that thelist s tue, complete and accurate. Each lst filed pursuant to this subsection must be accompanied by a declaration under penalty of perjury tha the lited parttership has complied with the provisions of chapter 76 of NRS, thatthe limited partnership acknowledges that pursuant to NRS 239.330, itis a category C felony to knowingly offer any falscor forged instrument for filing in the Office of the Secretary of State, dnd that none of the general pariners identified in the lst has been identified inthe lst withthe fraudulent intent of concealing the idemttyof any person or persons exercising the power or authority of & general partner in furtherance of any unlawful conduct. 2. Excep as otherwise provided in subsection 3, a limited partnership shell, upon fing (@) The inital fis required by subsection 1, pay to the Secretary of State a fe of[$125.] $150 (@) Each annual lst required by subsection 1, pay to the Secretary of State a fe of [$125,] $150. 3. A registered limited-Labilty limited partnership shal, upon filing: (@) The inital Fist requiced by subsection 1, pay tothe Secretary of State a fe of ($125, $150. () Esch annual ist required by subsection I, pay tothe Secretary of State a fe of [$175,] 5200. 4 Ifa general parner of a limited parmership resigns and the resignation is not reflccted on the annual or amended ist of general partners, the limited partnership or the resigning general prtar shall pay to the Secretary of State a fee of $75 to file the resignation. 5. The Secretary of Stato shall, 90 days before the lst day for filing each annual list required by subsection [provide to each limited partnership which is required fo comply wit the provisions ofthis section, and which has not become delinquent, «notice ofthe fee due pursuant othe provisions of subsection 2 or 3, as appropriate, anda reminder to ile the annual lst required pursuant 0 subsection 1 Failure of any limived parinership to receive a notice doesnot excuse it from the penalty imposed by NRS 88.400, 6. Af the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 2 or 3 isnot pa, the Secretary of State may return thelist for comeston or payment, Page 23 of 5017. An annual lst fora limited partnership notin default that is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for tho previous year and does not satisfy the requirements of subsection I for the year to which the due date is applicable, 8, A filing made pursuant to this section does not satisfy the provisions of NI pursuant to NRS 88.355. 9, A person who files with the Secretary of State alist required by subsection 1 which identifies a general partner withthe fraudulent intent of concealing the identity of aay person or persons exercising the power or authority ofa genera partner in furtherance of any unlavsful conduct is subject to the penalty set forth in NRS 225.084. 10, The Secretary of State may allow a limited partnership to select an alternative due date for filing the initial list required by subsection 1 11. The Secretary of State may adopt regulations to administer the provisions of subsection 10. Soe. 76.65. NRS 88.591 is hereby amended to read as follows: 88.591 1. Bach foreign limited partnership doing business inthis State shall, on or befoce the Inst day ofthe first month after the filing of its epplication for registration as a foreign limited partnership with the Secretary of Sate or, ifthe foreign limited partnership has selected an altemative due date pursuant 10 subsection 9, on or before that alternative due date, and annually thereafter on or before the Jast day of the month in which the anniversary date of its qualification to do business inthis State occurs in cach year or, if applicable, ‘om or before the last cay ofthe month in which the anniversary date ofthe altemative due date occurs in each year, file with the Scoretary of State a ist, ona form furnished by the Secretary of State, that contains () The name ofthe foreign limited partnership; (b) The file umber of the foreign limited partnership, iFknown; (¢) The names of all its general partaers; (@) Tho address, either residence or business, ofeach general partner; and (¢) The signature of a general parinerof the forcign limited partnership, or some other person specifically authorized by the foreign limited partnership to sign the lis, certifying that the list is true, complete and accurate 2. Bach list filed pursuant to this section must be accompanied by 2 declaration under penalty of perjury that {@) The foreign limited partnership has complied with the provisions of chapter 76 of NRS: {b) The foreign limited partnership acknowledges that pursuant to NRS 239.330, it sa category C felony to knowingly offer any false ‘or forged instrument for filing in the Office ofthe Secretary of State; and (€) None of the general parmers identified inthe list has been identified in the list with the faudulent intent of concealing the identity of any person or persons exercising the power or authority ofa general partner in furtherance of any unlawful conduct, 3. Upan filing (a) The initial list required by this section, the foreign limited partnership shal pay to the Scoretary of State a fee of [$125] $150. (b) Bach annual list required by tis section, the foreign limited partnership shal pay to the Secretary of State a fee of [$125.} $150, 4. 1fa general partner ofa forcign limited partnership resigns and the resignation is not reflected on the annual or amended list of general partners, the foreign limited partnership or the resigning general partner shall pay to the Secretary of State a fee of $75 to file the resignation of the general partner. 5. The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 1, provide to each foreign limited partnership, which is required to comply with the provisions of NRS 88.591 to 88.5945, inclusive, and which has not become delinguent, a notice of th fee due pursuant to subsection 3 and a reminder to file the list required pursuant to subsection 1. Failure of any foreign limited partnership to receive a notice does not excuse it from the penalty imposed by the provisions of NRS 88.591 to 88.5945, inclusive. 46. If the lst tobe filed pursuaat to the provisions of subsection 1 is defective or the fee required by subsection 3 is not paid, the Secretary of State may return the list for correction or payment. 7, An annual list for a foreiga limited partnership notin default which is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and docs not salisly the requirements of subsection I for the year to Which the due date is applicable. 5. A person who files with the Secretary of State a list required by this section which identifies a general partner with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a general partner in furtherance of any unlawful conduct is subject o the penalty set forth in NRS 225.084. 9. The Secretary of State may allow a foreign limited partnership o select an alternative due date for filing the initial list required by this section, 10, The Secretary of State may adopt regulations to administer the provisions of subsection 9. ‘See. 76.7. NRS BBA.600 is hereby sunended to read as follows: '88.4.600 1. A business trast formed pursuant to this chapter shall, on or before the last day of the first month after the filing oF its cerfficate of trust with the Secretary of State or, ifthe business trust hus selected an alternative due date pursuant fo subsection 8, on or before that altemative due date, and annually thereafter on or before the last day of the month in which the anniversary date ofthe filing ofits certificate of rust with the Secretary of State occurs ike withthe Secretary of State or, if applicable, on or before the last S 88.355 and may not be substituted for filings submitted Page 24 of 50‘day of the month in which the anniversary date of the altermative due date occurs in each year, on a form furnished by the Secretary of State lst sigmed by at least one tastes, or by some other person specifically authorized by the business trust to sign the list, that ‘contains the name and street address of atleast one trustee, Fach list filed pursuant to this subsection must be accompanied by a declaration under penalty of perjury that: 2) The business trust has complied with the provisions of chapter 76 of NRS; (b) The business trust acknowledges that pursuant to NRS 239.330, it isa eategory C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State; and (©) None of the trustees identified inthe list has been identified inthe lst with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority ofa trustee in furtherance of any walawiul conduct. 2. Upon filing (@) The initial list required by subsection 1, the business trust shall pay to the Secretary of State a fee of [$125,] S150. (b) Each anmuat list required by subscofion 1, the business trust shall pay to the Secretary of State a fec of [$125.] $150, 3, [fa trustee ofa business trust resigns and the resignation isnot reflected on the annual or amended list of trustees, the business trust ‘or the resigning trustee shall pay tothe Secretary of State a fee of $75 to file the resignation. 4. The Seeretary of State hall, 90 days before the last day for filing each annual fist required by subsection 1, provide to each business ‘rust whch is requited to comply with the provisions of NRS 88.600 to 884.660, inclusive, and which has not become delinquent, & notice of the fee due pursuant 10 subsection 2 and a reminder to file thelist required pursuant to subsection 4. Failure of a business ‘ust to receive a notice does not excuse il from the penalty imposed by law. 5. Ant atnval list for a business trust notin default which is received by the Secretary of State more than 90 days before its due date ball be deemed an amended list for the previous year. 6. A person who files with the Secretary of State an initial list or annual list required by subsection 1 which identifies a trustee withthe ‘fraudulent intent of concealing the identity of uny person or persons exercising the power or authority ofa trustee in furtherance of any ‘unlawful conduct is subject to the penalty set forth in NRS 225.084 7. For the purposes ofthis section, a person who isa beneficial ovmer is not deemed to exercise uctual control of the daily operations of a business trust based solely on the fact that the person is a beneficial owner. 8. The Secretary of State may allow a business trust to select an alternative doe date for filing the initial list required by subsection 1 9. The Secretary of State may adopt regulations to administer the provisions of subsection 8. ‘Sec. 76.75, NRS 88A,732 is hereby amended to read as follows: 884,732 1. Bech foreign business trust doing business inthis State shall, on or before the last day of the first month after the filing of its application for registration as a foreign business trust with the Secretary of Stat or, ithe foreign business trust has selected an alternative due date pursuant to subsection 10, on of before that alternative due date, and annually thereafter on or before the last day ‘of the month in which the anniversary date ofits qualification to do business in this State occurs in each year or, ifupplicable, on or before the last day of the month in which the anniversary date of the altemative due date occurs in each year, file with the Secretary of State a ist, ona form fished by the Secretary of State, that contains: (a) The name of the foreign business trust; (b) The file number ofthe foreign business trust, if known; (@) The name of at least one of its trustees; @) The address, ether residence or business, of the trustee listed pursuant to paragraph (c); and (©) The signature of tustee of the foreign business trust, or some other person specifically authorized by the foreign business trust to sign the fist, certifying thatthe list is true, complete and accurate. 2. Back list required to be filed pursuant to this section must be accompanied by a declaration under penalty of perjury that: (a) The foreign business trust has complied with the provisions of chapter 76 of NRS; (b) The foreign business trust acknowledges that pursuant to NRS 239.330, i isa category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State; and (©) None of the trustees identified inthe list has been identified inthe list withthe fraudulent intent of concealing the idemity of any person of persons exercising the power or authority of trustee in furtherance of any unlawful conduct 3. Upon filing (@) The initial lst required by his section, the foreign business trust shall pay to the Seoretary of State a fee of [$125,] $150, (b) Each annual list required by this section, the foreign business trust shall pay to the Secretary of State a fee of [6125] $150. 4, Ifa trustee of a foreign business trust resigns and the resignation is not rellected on the anuwal or amended list of trustees, the foreign business trust or the resigning trustee shall pay to the Secretary of State a fee of $75 to file the resignation, 5, The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 1, provide (o each foreign business trust which is required to comply withthe provisions of NRS 884.732 to 88.738, inclusive, and which has not become delinquent, a aotice ofthe fee due pursuant to subsection 3 and a reminder to file the list required pursuant to subsection 1. Failure of any foreign business trust to receive a notice does not excuse it from the penalty imposed by the provisions of NRS 88A.732 to 884.738, inclusive. Page 25 of 50Referendum Petition Stare of Nevada 6, IF the list o be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 3 is not paid, the Secretary of State may return the lst for correction or payment, 7. Am annual list for a foreign business trust notin default which is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection | forthe year to which the due date is applicable 8, A person who files with the Secretary of State alist required by this section which identifies « trustee with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a trustee in furtherance of any unlawful conduct is subject tothe penalty set forth in NRS 225.084. 9, For the purposes ofthis section, a person who is a beneficial owner is not deemed to exercise actual control of the daily operations (ofa foreign business trust based solely on the fact thatthe petson isa beneficial owner, 10. The Secretary of State may allow a foreign busines trust o select an alternative due date for fling the inital list requized by this section 11. The Secretary of State may adopt regulations to administer the provisions of subsection 10, See. 76.8. NRS 89.250 is hereby amended to read as follows: 89.250 1. Except as otherwise provided in subsection 2, a professional association shall, on or before the last day of the frst month after the filing ofits articles of association with the Sevretury of State or, ifthe professional association has selected an alternative ue date pursuant to subsection 7, on or before that alternative due date, and annually thereafter on or before the last day ofthe month in “which the anniversary date of ts organization occurs in each year of, if applicable, on or before the lat day of the month in which the anniversary date ofthe altemative due date occurs in each year, file with the Secretary of State alist showing the names and addresses, either residence or business, ofall members and employees inthe professional association and certifying that all members and employees ar licensed to render professional service in this State. 2. A professional association organized and practicing pursuant to the provisions of this chapter and NRS 623.349 shall, on or before the last day of the first month after the filing ofits articles of association with the Secretary of State or, ifthe professional association has selected an alternative due date pursuant to subsection 7, on or before that alternative due date, and annually thereafter on or before the last day ofthe month in which the anniversary date of its organization occurs in each year ar, if applicable, on or before the last day ofthe month in which the anniversary date ofthe alternative due date occurs in each year, file with the Secretary of State alist. {a) Showing the names and aeldresses ether residence or business ofall members and employees of the professional association who are licensed or otherwise authorized by law to render professional service in this State; (b) Certifying that all members and employees who render professional service ae licensed or otherwise authorized by law to render professional service inthis State; and (©) Certifying that all members who are not licensed to render professional service in this State do not render professional service on bochalf ofthe professional association except as authorized by law. 3. Each lst filed pursuant to this section must be (@) Made on a form fumished by the Secretary of State and must not contain any fiscal or other information except that expressly called for by this section. (b) Signed by the chief executive officer of the professional association or by some other person specifically authorized by the chief executive officer to sign the list (©) Accompanied by a declaration under penalty of perjury that (1) The professional association has complied wit the provisions of chaptex 76 of NRS; (Q) The professional association acknowledges that pursuant to NRS 239.330, itis a category C felony to knowingly offer any false or forged instrument for filing inthe Office of the Seoretary of State; and 3) None of the members or employees identified in the list has been identified in thelist with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a member or employee in furtherence of any unlawful conduct 4, Upon filing {@) The intial list required by this section, the professional association shall pay to the Secretary of State u fee of ($125,] $150, {(b) Each annual list required by this section, the professional association shall pay to the Secretary of State a fee of [$125.] $150, 5. A person who files with the Secretary of State an inital fst or wanual list required by this section which identifies a member or an ‘employee of a professional essociation with the fraudulent intent of concealing the identity of any person or persons exercising the ‘power or authority of a member or employee in furtherance of any unlawful coaduct is subject to the penalty set forth in NRS 225.084, 6. For the purpases ofthis section, a person is not deemed to exercise actual control of the daily operations ofa professional ‘association based solely on the fact thatthe person holds an ownership interest in the professional association, 7. The Secretary of State may allow a professional association to select an alternative due date for filing the section 8. The Secretary of State may adapt regulations to administer the provisions of subsection 7. Ses, TI_NRS 90.420 is hereby amended to read as follows 90.420 1. The Administrator by order may deny, suspend or revoke any license, fine any licensed person, limit the activities governed by this chapter that an applicant or licensed person may perform in this State, bar an applicant or licensed person from association with jal list roquired by this Page 26 of 50Referendum Petition State of Nevada ‘licensed broker-dealer or investatent adviser or bar from employment with a licensed broker-dealer or investment adviser a person ‘who isa partner, officer, director, sales representative, investment adviser or representative ofan investment adviser, or a person ‘occupying a similar status or performing a sinilar function for an applicant or licensed person, ifthe Administrator finds thatthe order is inthe public interest and thatthe applicant or licensed person or, in the case of a broker-dealer or investment adviser, any partner, officer, director, sales representative, investment adviser, representative of an investment adviser, or person oveupying a similar status ‘or performing similar functions or any person directly or indirectly controlling the brokerdealer or investment adviser, or any transfer agent or any person directly or indirectly controlling the transfer agent: {() Has filed an application for licensing with the Administrator which, as of ts effective date, or as of any date after fing inthe case ‘of an order denying effectiveness, was incomplete in a material respect or contained a statement that was, in light of the circumstances ‘under which it was made, false oF misleading with respect toa material fact; (6) Has violated or failed to comply witha provision of this chapter as now or formerly in effector a regulation or order adopted or issued under tis chapter, (©) Is the subject of an adjudication or determination after notice and opportunity for hearing, within the last S years by a securities agency or administrator of another state or a court of competent jurisdiction thatthe person has violated the Securities Act of 1933, the ‘Securities Exchange Act of 1934, the Investment Advisers Act of 1940, the Investment Company Act of 1940, the Commodity Exchange Actor the securities law of any other state, but only ifthe acts constituting the violation ofthat state's Law would constitute a violation ofthis chapter had the acts taken place in this State; (d) Has been convicted ofa felony or, within the previous 10 years has been convicted of a misdemeanor, which the Administrator finds: (i) Involves the purchase or sale of a security, taking afelae oath, making a false report, bribery, perjury, burglary, robbery or Conspiracy to commit any of the foregoing offenses; Q) Arises out of the conduct of business as a broker-dealer, investment adviser, depository institution, insurance company or fiduciary; G) Involves the larceny, thet, robbery, extortion, forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent conversion or misappropriation of moncy or securities or conspiracy to commit any of the foregoing offenses; or (4) Involves moral turpitude; (6) Is or has been permanenly or temporarily enjoined by any court of competent jurisdiction, unless the order has been vacated, from acting as an investment adviser, representative of an investment adviser, underwriter, broker-dealer or as an afiliated person or employee of an investment company, depository institution or insurance company o: fom engaging in or continuing any conduct or practice in connection with any ofthe foregoing activities or in connection with the purchase or sale ofa securiy (2) 1s oF has been the subject of an order of the Administrator, unless the order has been vacated, denying, suspending or revoking the person's license as # broker-dealer, sales representativo, investment adviser, representative of an investment adviser or transfer agent, (g) Is or has been the subject of any of the following orders which were issued within the last 5 years, unless the order has been. vacated: (1) An order by the securities agency or administrator of another state, jurisdiction, Canadian province or territory, the Commodity Futures Trading Commission, or by the Securities and Exchange Commission or a comparable regulatory agency of another county, entered after notice and opportunity for hearing, denying, suspending or revoking the person's license asa brokerdealer, sales representative, investinent adviser, tepresentative of an investment adviser or transfer agent; (2) A suspension or expulsion ftom membership in or association with a member ofa self-regulatory organization; G3) An order by a self-regulatory organization that prohibits the person from serving, indefinitely or fora specified period, as a principal or in a supervisory capacity within a business or organization which is a member of a self-regulatory organization; (4) An order of the United States Postal Service relating to frauds (5) An order to cease and desist entered after notice and opportunity for hearing by the Administrator, the securities agency or administrator of unother state, jurisdiction, Canadian province or territory, the Securities und Exchange Commission or a comparable regulatory agency of another Country, or the Commodity Futures Trading Commission; or (6) An order by the Commodity Futures Trading Commission denying, suspending or revoking registration under the Commodity Exchange Act, (2) Has engaged in unethical or dishonest practices in the securities business: (i) Is insolvent, either in the sense that liabilities exceed asso or in the sease thet obligations cannot be met as they mature, but the “Administrator may not enter an order against a broker-dealer or investment adviser under this paragraph without a finding of ingolvency as to the broker-dealer or investraent adviser; () Has failed to pay a tax es required pursuant tothe provisions of chapter 363A of NRS [:] or sections 2 to 61, inclusive, of this act; (k) Is determined by the Administrator in compliance with NRS 90.430 not to be qualified on the basis of lack of traning, experience and knowledge of the secuities business; oF (1) Has failed reasonably to supervise a sales representative, employee or representative of an investment adviser 2. The Administrator may not institute a proceeding on the busis ofa factor transaction known to the director when the license became effective unless the proceeding is instituted within 90 days after issuance ofthe license, Page 27 of 503. Ifthe Aduinistrator finds that an applicant or licensed person is no longer in existence or has ceased to do business as a broker- dealer, sales representative, investment adviser, representative of an investment adviser or transfer agent or is adjudiceted mentally incompetent or subjected to the control ofa committee, conservator or guardian or cannot be Incated after reasonable search, the Administrator may by order deny the application or revoke the license. Sec. 78, NRS 90.730 is hereby amended to read as follows: 190.730 1: Except as otherwise provided in subsection 2, information and records filed with or obtained by the Administrator are public information and are available for public examination, 2. Except as otherwise provided in subsections 3 and 4 und NRS 239.01 public information under subsection | and are confidential (@) Information or records obtained by the Administrator in connection with an investigation concerning possible violations of this, chapter; and (h) Information or records filed with the Administrator in vonnection with a registration statement filed under this chapter or a report tuner NRS 90 390 which constitute trade secrets or commervia or financial information of person for which that person is entitled to and has asserted a claim of privilege or confidentiality authorized by Jaw. 3. The Administrator may submit any information or evidence obtained in connection with an investigation to the: (@ Attorney General or appropriate district attomey for the purpose of prosecuting a erimnal aotion under this chapter, and (b) Department of Taxation for its use in carrying out the provisions of chapter 363A of NRS |.] and the chapter consisting of sections 20 6, inclusive, ofthis act 4,The Administrator may diselose any information obtained in connection with an investigation pursuant to NRS 90.620 to the ‘agencies und administrators specified in subsection { of NRS 90.740 but only if disclosure is provided for the purpose of a civil, ‘administrative or criminal investigation or proceeding, and the receiving agency or administrator represents in writing that under applicable law protections exist to preserve the integrity, confidentiality and security of the information, 5. This chapter does not create any privilege or diminish any privilege existing at common law, by statue, regulation or otherwise. Sec. 78.1. NRS 482.181 is hereby amended to read as follows: 482.181 1, Except as otherwise provided in subsoction 5, after deducting the amount withheld by the Department and the ammount credited to the Department pursuant to subsection 6 of NRS 482.180, and the amount transferred to the State [Highway] General Fund pursuant to NRS 482.182, the Department shall certify monthly tothe State Board of Examiners the amount of the basic and supplemental governmental services taxes collected for each county by the Department and its agents during the preceding month, und that money must be distributed monthly as provided inthis section 2. Any supplemental governuneatal services tax collected for a county must be distributed only tothe county, to be used as provided in NS 371.043, 371.045 and 371.047 3, The distribution of the basic governmental services tax received or collected for each county must be made to the county school district within exch county before any distribution is made toa local government, special istrict or enterprise district. For the purpose of ealeulating the amouat ofthe basic goveramental services tax to be distributed to the county school district, che tuxes levied by each Tocal government, special district and enterprise district are the product of ils certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the ical year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable toa district's debt service, i the rate established pursuant to NRS 361.455 for the fiscal year bepinning on Tuly 1, 1978, but i the rate attributable to a district's debt service in any fiscal year is greater than its rate forthe fiscal year beginning on July 1, 1978, the higher rate must be used to determine the ammount attributable to debt service. 4. After making the distributions set fort in subsection 3, the remaining money received or collected for each county must be

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