Nevada Senate Bill SB220 Latest Draft

                              
  
  	S.B. 220 
 
- 	*SB220* 
 
SENATE BILL NO. 220–SENATOR LANGE 
 
FEBRUARY 19, 2025 
____________ 
 
Referred to Committee on Revenue and  
Economic Development 
 
SUMMARY—Enacts the Nevada Film Infrastructure, Workforce 
Development, Education and Economic 
Diversification Act. (BDR S-18) 
 
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. 
 Effect on the State: Yes. 
 
~ 
 
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. 
 
 
AN ACT relating to economic development; enacting the Nevada 
Film Infrastructure, Workforce Development, Education 
and Economic Diversification Act; requiring the Office of 
Economic Development to enter into a development 
agreement to establish certain criteria for the development 
of infrastructure for the production of motion pictures and 
other qualified productions; establishing requirements for 
a production company located at such a development to 
be eligible for film infrastructure transferable tax credits 
for qualified productions produced at the development; 
providing for the calculation of the amount of film 
infrastructure transferable tax credits; revising provisions 
governing noninfrastructure transferable tax credits for 
motion pictures and other qualified productions produced 
in this State; authorizing an additional amount of 
noninfrastructure transferable tax credits; establishing the 
Account for Nevada Film, Media and Related Technology 
Education and Vocational Training and a board to 
approve distributions from the Account; providing for the 
distribution of money in the Account; and providing other 
matters properly relating thereto. 
Legislative Counsel’s Digest: 
 Existing law establishes a program for the issuance of transferable tax credits 1 
by the Office of Economic Development to the production company of a motion 2   
 	– 2 – 
 
 
- 	*SB220* 
picture or other qualified production, based upon qualified direct production 3 
expenditures made for the purchase, rental or lease of personal property or services 4 
from a Nevada business. (NRS 360.758-360.7598) This bill revises provisions 5 
governing these transferable tax credits and enacts the Nevada Film Infrastructure, 6 
Workforce Development, Education and Economic Diversification Act to authorize 7 
film infrastructure transferable tax credits for qualified productions produced at the 8 
Nevada Studios Project at the Harry Reid Research and Technology Park, which is 9 
owned by the University of Nevada, Las Vegas Research Foundation. 10 
 Sections 1-18 of this bill enact the Nevada Film Infrastructure, Workforce 11 
Development, Education and Economic Diversification Act, which provides for 12 
film infrastructure transferable tax credits to be issued to production companies that 13 
produce qualified productions, in whole or in part, at the Nevada Studios Project, as 14 
defined in section 8. Section 10 requires the Office of Economic Development to 15 
enter into a development agreement with the lead participant for the Project and to 16 
establish certain criteria that the Project is required to satisfy in exchange for 17 
production companies located at the Project to be eligible for film infrastructure 18 
transferable tax credits. Section 12: (1) authorizes a production company located at 19 
the Project that has obtained the written approval of the lead participant under 20 
section 11 to apply for film infrastructure transferable tax credits for qualified 21 
productions produced, in whole or in part, at the Project; and (2) authorizes such 22 
credits to be used against the modified business tax, insurance premium tax or 23 
gaming license fee, or any combination of these taxes and fees. Section 13 24 
establishes the qualified direct production expenditures which are the basis for 25 
calculating the amount of film infrastructure transferable tax credits, including, 26 
without limitation, purchases, leases and rentals of property or services from a 27 
Nevada business, wages and fringe benefits paid to employees who are Nevada 28 
residents for services on the qualified production, certain fees paid to producers and 29 
amounts paid to certain corporations or companies for the services of certain 30 
persons on the qualified production. Section 14 provides that the base amount of 31 
film infrastructure transferable tax credits is the sum of: (1) 35 percent of the 32 
qualified direct production expenditures paid to Nevada residents for services in 33 
connection with the qualified production; and (2) 30 percent of the amount of all 34 
other qualified direct production expenditures. Under section 14: (1) the amount of 35 
film infrastructure transferable tax credits for which a production company is 36 
eligible is reduced by specified percentages if, after certain periods, the number of 37 
Nevada residents who are below-the-line personnel of the qualified production is 38 
less than certain percentages; (2) film infrastructure transferable tax credits may be 39 
reduced by the amount of any damages incurred by the State or a political 40 
subdivision of this State as a result of a qualified production; and (3) film 41 
infrastructure transferable tax credits may be withheld for certain violations of law. 42 
Section 15: (1) establishes the maximum amount of film infrastructure transferable 43 
tax credits that may be issued pursuant to sections 1-18 during each 12-month 44 
period of the development period and for each fiscal year thereafter; (2) authorizes 45 
50 percent of the amount of film infrastructure transferable tax credits that are 46 
authorized for the development period or for a fiscal year following the 47 
development period, but are not approved, to be carried forward and made available 48 
for approval in subsequent fiscal years; and (3) prohibits the issuance of film 49 
infrastructure transferable tax credits for a fiscal year that begins more than 15 50 
years after the Project receives its first certificate of occupancy. Section 16 51 
establishes the time within which a production company that produces a qualified 52 
production is required to submit to the Office and the Department of Taxation any 53 
audits or other information required to determine the eligibility of the production 54 
company for film infrastructure transferable tax credits. Section 17 requires a 55 
production company to repay film infrastructure transferable tax credits under 56   
 	– 3 – 
 
 
- 	*SB220* 
certain circumstances. Section 18 requires certain reports to be made to the 57 
Governor and the Legislature concerning film infrastructure transferable tax credits. 58 
 Sections 19-24 of this bill make various changes to the existing law governing 59 
the noninfrastructure transferable tax credits for motion picture and other qualified 60 
productions. (NRS 360.758-360.7598) Section 19: (1) provides that digital media 61 
productions are qualified productions for the purposes of eligibility for film 62 
infrastructure transferable tax credits and noninfrastructure transferable tax credits; 63 
and (2) clarifies that media productions solely produced for social media are not 64 
eligible for such transferable tax credits. Section 20 revises certain criteria for a 65 
qualified production to be eligible for noninfrastructure transferable tax credits. 66 
Section 21 increases the base amount of noninfrastructure transferable tax credits 67 
for an application submitted in each fiscal year beginning on or after July 1, 2025, 68 
and ending before July 1, 2043, from 15 percent of the qualified direct production 69 
expenditures to the sum of: (1) 35 percent of the qualified direct production 70 
expenditures paid to Nevada residents for services in connection with the qualified 71 
production; and (2) 30 percent of the amount of all other qualified direct production 72 
expenditures. Section 21 also requires reductions to that base amount under certain 73 
circumstances. Section 22 temporarily increases from $10,000,000 to $15,000,000 74 
the total amount of noninfrastructure transferable tax credits for motion picture and 75 
other qualified productions that may be issued under the existing program for each 76 
fiscal year beginning on or after July 1, 2028, until June 30, 2043. Section 23 77 
makes conforming changes to update a reference that was renumbered in section 20 78 
and to consistently refer to the existing program of transferable tax credits as 79 
noninfrastructure transferable tax credits. Section 24 makes conforming changes so 80 
that the information required to be reported by the Office concerning 81 
noninfrastructure transferable tax credits is similar to the information required to be 82 
reported by the Office concerning film infrastructure transferable tax credits. 83 
 Sections 25-32 of this bill establish a program to pay certain costs related to the 84 
Nevada Media and Technology Lab and to provide grants to certain organizations 85 
that provide education and vocational training for workforce development for the 86 
production of motion picture and other qualified productions. Section 30 creates 87 
the Account for Nevada Film, Media and Related Technology Education and 88 
Vocational Training for the purpose of paying certain costs related to the Nevada 89 
Media and Technology Lab and to make grants to certain entities and organizations 90 
that provide education and vocational training for such workforce development. 91 
Sections 12 and 20 require a production company that is issued transferable tax 92 
credits for a qualified production to pay to the Office an amount of money equal to 93 
10 percent of the amount of transferable tax credits issued to the qualified 94 
production, and require the Office to deposit that money with the State Treasurer 95 
for credit to the Account. Section 31 creates and provides for the composition of 96 
the Board for Nevada Film, Media and Related Technology Education and 97 
Vocational Training within the Office of Economic Development. Section 32 98 
requires the Board to: (1) establish the procedures for a person or entity to apply for 99 
a grant of money from the Account, the criteria to be used to determine whether to 100 
approve an application for a grant from the Account to an applicant and the 101 
requirements for reports by recipients of such grants concerning the use of the 102 
grants; (2) prohibits the making of a grant from the Account unless the Board 103 
approves the application for the grant; and (3) requires a recipient of a grant from 104 
the Account to adopt and implement a community benefits program that satisfies 105 
certain requirements. 106 
 
   
 	– 4 – 
 
 
- 	*SB220* 
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN 
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: 
 
 Section 1.  This act may be cited as the Nevada Film 1 
Infrastructure, Workforce Development, Education and Economic 2 
Diversification Act. 3 
 Sec. 2.  1. The Legislature hereby finds and declares that: 4 
 (a) The Las Vegas Metropolitan Area is the largest metropolitan 5 
area in this State and has a need to improve the education and 6 
training of the workforce in the Las Vegas Metropolitan Area and to 7 
diversify the economy of the Area, as indicated by the impact of the 8 
COVID-19 pandemic on the Area. The Harry Reid Research and 9 
Technology Park has been identified as a location in the Las Vegas 10 
Metropolitan Area for a project that can address the needs of the Las 11 
Vegas Metropolitan Area for workforce education and training and 12 
economic diversification. 13 
 (b) Land at the Harry Reid Research and Technology Park will 14 
be allocated for an educational and vocational training center, to be 15 
known as the Nevada Media and Technology Lab, which will 16 
provide workforce development, education and economic 17 
diversification by providing career pathways in film, video game 18 
publishing, defense, health care and other industries identified by 19 
the UNLV Research Foundation through the Creative Technology 20 
Initiative at the University of Nevada, Las Vegas, and the Video 21 
Game Publishing Design Program Initiative at the University of 22 
Nevada, Las Vegas. 23 
 (c) Land at the Harry Reid Research and Technology Park will 24 
also be allocated for large-scale facilities for the location of 25 
companies that produce motion pictures and other qualified 26 
productions in this State, which will create high-paying jobs in that 27 
industry and diversify the economy of the Las Vegas Metropolitan 28 
Area and this State as a whole. 29 
 (d) Because the Las Vegas Metropolitan Area and the Harry 30 
Reid Research and Technology Park is the only area in this State 31 
that is appropriate and suitable for the Nevada Media and 32 
Technology Lab and the development of large-scale projects to 33 
develop large-scale facilities for the location of companies that 34 
produce motion pictures and other qualified productions and has all 35 
the special attributes, conditions and resources that are essential to 36 
support such facilities, it is necessary to enact a law of local and 37 
special application to promote, develop and secure the advantages of 38 
the local and special characteristics and circumstances within the 39 
Las Vegas Metropolitan Area, which are found nowhere else in this 40 
State, and to benefit the residents of the Las Vegas Metropolitan 41 
Area. 42   
 	– 5 – 
 
 
- 	*SB220* 
 (e) Therefore, given that a law of local and special application is 1 
necessary to promote, develop and secure the advantages of the 2 
local and special characteristics and circumstances within the Las 3 
Vegas Metropolitan Area, which are found nowhere else within this 4 
State, and given that such a law is necessary to benefit the residents 5 
of that local and special area, a general law cannot be made 6 
applicable to the purposes, objects, powers, rights, privileges, 7 
immunities, liabilities, duties and disabilities set forth in the Nevada 8 
Film Infrastructure, Workforce Development, Education and 9 
Economic Diversification Act. 10 
 2. The Legislature further finds and declares that as a result of 11 
the construction of large-scale facilities for the production of motion 12 
pictures and other qualified productions in this State and the direct, 13 
indirect and induced economic benefits of such productions in this 14 
State, the enactment of the Act will achieve a bona fide social or 15 
economic purpose and the economic benefits of the issuance of the 16 
transferable tax credits to encourage the location of large-scale 17 
facilities for the production of motion pictures and other qualified 18 
productions in this State are expected to exceed any adverse effect 19 
of the transferable tax credits on the revenue raised for the provision 20 
of services to the public by the State or a local government. 21 
 Sec. 3.  As used in sections 1 to 18, inclusive, of this act, 22 
unless the context otherwise requires, the words and terms defined 23 
NRS 360.7581 to 360.7586, inclusive, as amended by section 19 of 24 
this act, have the meanings ascribed to them in those sections, and 25 
the words and terms defined in sections 4 to 9, inclusive, of this act 26 
have the meanings ascribed to them in those sections. 27 
 Sec. 4.  “Capital investment” means all costs and expenses 28 
incurred by the lead participant in the Nevada Studios Project only 29 
in connection with the acquisition of land, including, without 30 
limitation, the right to the possession of land through a ground lease, 31 
and the design, construction, financing, installation and equipping of 32 
the infrastructure, at the Project for the development of the Nevada 33 
Media and Technology Lab and large-scale facilities for the location 34 
of companies that produce qualified productions at the Project. The 35 
amount of capital investment made in connection with the 36 
acquisition of a right to possess land through a ground lease must be 37 
the cost equivalent of the land. 38 
 Sec. 5.  “Lead participant” means the person or entity 39 
designated by the owner of the Nevada Studios Project as the lead 40 
participant for the Project, or the designee or subcontractor of such a 41 
person or entity who is authorized to operate or provide specialized 42 
equipment, technical support or other production services at the 43 
Project on an exclusive or nonexclusive basis.  44   
 	– 6 – 
 
 
- 	*SB220* 
 Sec. 6.  “Lead supplier” means the person or entity who has the 1 
expertise, capability and resources to support the expansion and 2 
retention of production companies who will produce qualified 3 
productions in this State through the provision of specialized 4 
equipment, technical support and other production services and who 5 
is designated by the lead participant to sell or lease services or 6 
equipment to production companies applying for film infrastructure 7 
transferable tax credits for use in the production of qualified 8 
productions. 9 
 Sec. 7.  “Nevada Media and Technology Lab” means a site 10 
within the Nevada Studios Project at which the University of 11 
Nevada, Las Vegas, the College of Southern Nevada, the Nevada 12 
State University, the Clark County School District and any other 13 
educational organization, may offer programs of education and 14 
vocational training that will connect the Project with organizations 15 
in this State that provide education and vocational training for the 16 
development of a trained workforce capable of being above-the-line 17 
personnel and below-the-line personnel for the production of 18 
qualified productions in this State. The educational organizations 19 
participating in the Nevada Media and Technology Lab may 20 
include, without limitation, universities, colleges, community 21 
colleges, school districts, private schools, charter schools, secondary 22 
schools, elementary schools, media-related vocational school 23 
programs, defense industry programs, health care industry 24 
programs, hospitality workers, veterans organizations and other 25 
entities, organizations and persons that seek or provide vocational 26 
training and education that will diversify the economy of this State. 27 
 Sec. 8.  “Nevada Studios Project” means a real estate 28 
development and infrastructure project undertaken by a business or 29 
group of businesses that: 30 
 1. Is located on land at the Harry Reid Research and 31 
Technology Park, which is owned by the University of Nevada, Las 32 
Vegas Research Foundation and acquired by, or leased under a 33 
ground lease to, a participant in the Project, and any land adjacent, 34 
kitty-corner or immediately contiguous to the land that is acquired 35 
by, or leased under a ground lease to, the lead participant in the 36 
Project, even if such land is separated by a public street, the general 37 
description of which is land north of West Sunset Road, west of 38 
South Cimarron Road, south of West Patrick Lane, east of South 39 
Durango Drive and north of West Post Road; and  40 
 2. Consists of a development that integrates at one site various 41 
components for the production of qualified productions, including, 42 
without limitation, film and television production studios with 43 
multiple soundstages and support facilities and services, sites for the 44   
 	– 7 – 
 
 
- 	*SB220* 
creation of content for qualified productions and the Nevada Media 1 
and Technology Lab. 2 
 Sec. 9.  “Office” means the Office of Economic Development 3 
within the Office of the Governor. 4 
 Sec. 10.  1. Not later than 120 days after July 1, 2025, the 5 
Office shall enter into a development agreement with the lead 6 
participant for the Nevada Studios Project. The development 7 
agreement entered into pursuant to this subsection: 8 
 (a) Except as otherwise provided in subsection 2, must require 9 
the lead participant for the Project to make a total new capital 10 
investment in this State of: 11 
  (1) At least $150,000,000 by December 31, 2028; and 12 
  (2) At least a cumulative total, including the amount 13 
described in subparagraph (1), of $300,000,000 by December 31, 14 
2029; 15 
 (b) Must establish the minimum number of soundstages at the 16 
Project to be used for the various components of the production of 17 
qualified productions and require the Project to include the Nevada 18 
Media and Technology Lab; 19 
 (c) May include such other provisions, not inconsistent with 20 
law, to carry out the provisions of the Act concerning the 21 
development of the Project and the issuance of film infrastructure 22 
transferable tax credits pursuant to sections 1 to 18, inclusive, of this 23 
act, as agreed to by the Office and the lead participant; and 24 
 (d) Must not include any requirements for the development of 25 
the Project, other than the requirements set forth in paragraphs (a) 26 
and (b) or any requirements to qualify for the issuance of film 27 
infrastructure transferable tax credits. 28 
 2. As the Executive Director of the Office deems necessary or 29 
advisable, the Executive Director may modify the requirements of 30 
paragraph (a) of subsection 1 only by extending the date by which 31 
the capital investment required by that paragraph must be made. 32 
 3. The Office shall not approve any abatement, partial 33 
abatement or exemption from taxes or any other incentive for 34 
economic development, other than film infrastructure transferable 35 
tax credits pursuant to sections 1 to 18, inclusive, of this act or 36 
noninfrastructure transferable tax credits pursuant to NRS 360.758 37 
to 360.7598, inclusive, for the Nevada Studios Project if the lead 38 
participant has entered into a development agreement with the 39 
Office pursuant to this section. 40 
 Sec. 11.  A production company must obtain the written 41 
approval of the lead participant before submitting an application for 42 
film infrastructure transferable tax credits pursuant to section 12 of 43 
this act. Not later than 10 business days after receiving from a 44 
production company a written request for approval to apply for film 45   
 	– 8 – 
 
 
- 	*SB220* 
infrastructure transferable tax credits pursuant to section 12 of this 1 
act, the lead participant shall approve or deny the request and notify 2 
the production company, in writing, of the approval or denial of the 3 
request. 4 
 Sec. 12.  1. Beginning on the date on which the lead 5 
participant executes a development agreement pursuant to section 6 
10 of this act, a production company that produces, in whole or in 7 
part, a qualified production in this State, may apply to the Office for 8 
a certificate of eligibility for film infrastructure transferable tax 9 
credits for any qualified direct production expenditures. The film 10 
infrastructure transferable tax credits may be applied to: 11 
 (a) Any tax imposed by chapters 363A and 363B of NRS; 12 
 (b) The gaming license fees imposed by the provisions of  13 
NRS 463.370; 14 
 (c) Any tax imposed by chapter 680B of NRS; or 15 
 (d) Any combination of the fees and taxes described in 16 
paragraphs (a), (b) and (c). 17 
 2. Except as otherwise provided in section 15 of this act, the 18 
Executive Director of the Office shall approve an application for a 19 
certificate of eligibility for film infrastructure transferable tax 20 
credits if the Office finds that the production company qualifies for 21 
the film infrastructure transferable tax credits pursuant to subsection 22 
3. If the Office approves an application for a certificate of eligibility 23 
for film infrastructure transferable tax credits, the Office shall 24 
calculate the estimated amount of film infrastructure transferable tax 25 
credits pursuant to sections 14 and 15 of this act. 26 
 3. To be eligible for film infrastructure transferable tax credits 27 
pursuant to this section, the production company must: 28 
 (a) Submit an application that meets the requirements of 29 
subsection 4; 30 
 (b) Submit to the Office the written approval from the lead 31 
participant stating that the lead participant has approved the 32 
production company to apply for film infrastructure transferable tax 33 
credits for the qualified production for which the application is 34 
submitted; 35 
 (c) Provide proof to the Office that 70 percent or more of the 36 
funding for the qualified production has been obtained; 37 
 (d) Provide proof to the Office that: 38 
  (1) At least 50 percent of the total number of days of 39 
principal photography on which a stage is used, and at least 30 40 
percent of the total number of days of second-unit filming on which 41 
a stage is used, will occur at the Nevada Studios Project; or 42 
  (2) At least $500,000 of qualified direct production 43 
expenditures will be incurred at the site of the Project; 44 
 (e) Provide proof to the Office that: 45   
 	– 9 – 
 
 
- 	*SB220* 
  (1) The production company has in place a diversity plan for 1 
hiring minority persons and women in all areas of the production of 2 
the qualified production, including, without limitation, production 3 
crew and staff, entry-level positions, management positions and 4 
talent-related positions, and for using vendors that are minority-5 
owned business enterprises or women-owned business enterprises; 6 
  (2) The diversity plan establishes goals for hiring persons, 7 
and using vendors, that reflect the racial and gender demographics 8 
of this State and that are stated in terms of wages paid to minority 9 
persons and women and prices paid to vendors that are minority-10 
owned business enterprises or women-owned business enterprises; 11 
and 12 
  (3) The diversity plan describes strategies that the applicant 13 
will use to achieve the goals established in the diversity plan, which 14 
may include, without limitation, the participation of the production 15 
company in programs of training, education and recruitment that are 16 
organized in cooperation with public colleges and universities in this 17 
State, labor organizations and the motion picture industry and that 18 
are designed to promote and encourage the training and hiring of 19 
residents of this State who represent the diversity of the population 20 
of this State; and 21 
  (4) The diversity plan indicates actions that the production 22 
company will take to ensure equal opportunities for minority 23 
persons and women in recruitment, selection, appointment, 24 
promotion, training and other related aspects of employment, which 25 
may include, without limitation, advertising, recruitment and 26 
opportunities for internships; 27 
 (f) Not later than 270 days after the completion of principal 28 
photography of the qualified production or, if any direct production 29 
expenditures for postproduction will be incurred in this State, not 30 
later than 270 days after the completion of postproduction, unless 31 
the Office agrees to extend this period by not more than 90 days, 32 
provide the Office with: 33 
  (1) A report on the extent to which the applicant has met the 34 
diversity goals established in the diversity plan described in 35 
paragraph (e); and 36 
  (2) An audit of the qualified production that is performed by 37 
an independent certified public accountant in this State who is 38 
approved by the Office and that includes an itemized report of 39 
qualified direct production expenditures and that shows that the 40 
qualified production satisfied the requirements of paragraph (d);  41 
 (g) Pay the cost of the audit required by subparagraph (2) of 42 
paragraph (f); 43 
 (h) Enter into a written agreement with the Office that requires 44 
the production company, except when prohibited by law or when the 45   
 	– 10 – 
 
 
- 	*SB220* 
qualified production for which film infrastructure transferable tax 1 
credits are issued is not distributed, to include: 2 
  (1) An on-screen acknowledgment of the State of Nevada 3 
and the Nevada Studios Project, the language of which may be 4 
chosen by the applicant if the language is approved by the Office; or  5 
  (2) If the qualified production does not have end screen 6 
credits, an acknowledgment of the State of Nevada and the Nevada 7 
Studios Project, which is approved by the Office and the production 8 
company, in the final version of the qualified production; and 9 
 (i) Enter into an agreement with the Office that requires the 10 
production company to provide to each loan-out company engaged 11 
by the production company to provide services in this State in 12 
connection with the qualified production a notice stating: 13 
  (1) That this State imposes a tax pursuant to chapters 363A 14 
and 363B of NRS on the wages paid by certain employers and a 15 
commerce tax pursuant to chapter 363C of NRS on business entities 16 
engaging in business in this State; and 17 
  (2) Instructions for obtaining additional information from the 18 
Department of Taxation regarding the imposition, collection and 19 
remittance of those taxes. 20 
 4. An application submitted pursuant to subsection 3 must 21 
contain: 22 
 (a) A script, storyboard or synopsis of the qualified production; 23 
 (b) The names of the production company and, if known, the 24 
proposed producer, director and cast; 25 
 (c) An estimated timeline to complete the qualified production; 26 
 (d) A summary of the budgeted expenditures for the entire 27 
production, including projected expenditures to be incurred outside 28 
of Nevada, for the period beginning not earlier than 90 days before 29 
the submission of the application through the completion of 30 
postproduction; 31 
 (e) Details regarding the financing of the qualified production, 32 
including, without limitation, any information relating to a binding 33 
financing commitment, loan application, commitment letter or 34 
investment letter; 35 
 (f) An acknowledgment that the application and any 36 
documentation submitted to the Office in relation to the application 37 
are public records unless the Office approves a request submitted by 38 
the production company pursuant to NRS 231.069 to keep 39 
confidential the application and any information submitted in 40 
relation to the application; 41 
 (g) An affirmation that, before beginning the production of the 42 
qualified production, the production company will obtain a policy of 43 
general liability insurance in an amount of at least $1,000,000 and 44 
will provide satisfactory proof of such a policy to the Office; 45   
 	– 11 – 
 
 
- 	*SB220* 
 (h) The business address of the production company; 1 
 (i) The diversity plan of the production company, which must be 2 
submitted to the Office not later than 14 days before the 3 
commencement of principal photography in this State, unless 4 
otherwise approved in writing by the Office; 5 
 (j) The written approval of the lead participant for the 6 
production company to be issued film infrastructure transferable tax 7 
credits for the qualified production for which the application is 8 
submitted; 9 
 (k) Proof that the qualified production meets any applicable 10 
requirements relating to workers’ compensation insurance before 11 
beginning production of the qualified production; and 12 
 (l) Proof that the production company has secured all licenses 13 
and registrations required to do business in each location in this 14 
State at which the qualified production will be produced. 15 
 5. If the Office approves an application for a certificate of 16 
eligibility for film infrastructure transferable tax credits pursuant to 17 
this section, the Office shall immediately forward a copy of the 18 
certificate of eligibility which identifies the estimated amount of tax 19 
credits available pursuant to section 14 of this act to: 20 
 (a) The applicant; 21 
 (b) The lead participant; 22 
 (c) The Department of Taxation; and 23 
 (d) The Nevada Gaming Control Board. 24 
 6. Within 45 business days after receipt of an audit provided by 25 
a production company pursuant to subparagraph (2) of paragraph (f) 26 
of subsection 3 and any other accountings or other information 27 
required by the Office, the Office shall determine whether to certify 28 
the audit and make a final determination of whether a certificate of 29 
film infrastructure transferable tax credits will be issued. If the 30 
Office certifies the audit, determines that all other requirements for 31 
the film infrastructure transferable tax credits have been met and 32 
determines that a certificate of film infrastructure transferable tax 33 
credits will be issued, the Office shall notify the production 34 
company that the film infrastructure transferable tax credits will be 35 
issued. Within 30 days after the receipt of the notice, the production 36 
company shall make an irrevocable declaration of the amount of 37 
film infrastructure transferable tax credits that will be applied to 38 
each fee or tax set forth in subsection 1, thereby accounting for all 39 
of the credits which will be issued. Upon receipt of the declaration, 40 
the Office shall issue to the production company a certificate of film 41 
infrastructure transferable tax credits in the amount approved by  42 
the Office for the fees or taxes included in the declaration of the 43 
production company. The production company shall notify the 44 
Office upon transferring any of the film infrastructure transferable 45   
 	– 12 – 
 
 
- 	*SB220* 
tax credits. The Office shall notify the Department of Taxation and 1 
the Nevada Gaming Control Board of all film infrastructure 2 
transferable tax credits issued, segregated by each fee or tax set 3 
forth in subsection 1, and the amount of any film infrastructure 4 
transferable tax credits transferred. 5 
 7. Within 30 days after the issuance of a certificate of film 6 
infrastructure transferable tax credits pursuant to subsection 6, the 7 
production company shall pay to the Office an amount of money 8 
equal to 10 percent of the amount of film infrastructure transferable 9 
tax credits issued to the production company pursuant to subsection 10 
6. The Office shall deposit any money received pursuant to this 11 
subsection with the State Treasurer for credit to the Account for 12 
Nevada Film, Media and Related Technology Education and 13 
Vocational Training created by section 30 of this act. A payment 14 
made pursuant to this subsection shall be deemed to be a payment 15 
made from film infrastructure transferable tax credits which would 16 
have been authorized and approved for the production company if a 17 
payment pursuant to this subsection were not required. 18 
 8. An applicant for film infrastructure transferable tax credits 19 
pursuant to this section shall, upon the request of the Executive 20 
Director of the Office, furnish the Executive Director with copies of 21 
all records necessary to verify that the applicant meets the 22 
requirements of subsection 3. 23 
 9. The Office: 24 
 (a) Shall adopt regulations prescribing: 25 
  (1) Any additional qualified expenditures or production costs 26 
that may serve as the basis for film infrastructure transferable tax 27 
credits pursuant to section 13 of this act; 28 
  (2) The application review process; 29 
  (3) That a qualified production for which records are 30 
required to be maintained by 18 U.S.C. § 2257, with respect to any 31 
performer in such qualified production engaging in sexually explicit 32 
conduct, is not eligible for film infrastructure transferable tax 33 
credits;  34 
  (4) The requirements for providing notice pursuant to section 35 
16 of this act that information is incomplete; and 36 
  (5) Any necessary provisions to ensure compliance with the 37 
requirements of paragraph (e) of subsection 3 relating to diversity 38 
plans and that are necessary to require that the diversity plan of an 39 
applicant reflects the racial and gender diversity of this State. 40 
 (b) May adopt any other regulations that are necessary to ensure 41 
that the provisions of sections 1 to 18, inclusive, of this act are 42 
carried out in a manner that is reasonable and customary within the 43 
industry for the production of qualified productions. 44   
 	– 13 – 
 
 
- 	*SB220* 
 10. The Nevada Tax Commission and the Nevada Gaming 1 
Commission: 2 
 (a) Shall adopt regulations prescribing the manner in which film 3 
infrastructure transferable tax credits will be administered. 4 
 (b) May adopt any other regulations that are necessary to carry 5 
out the provisions of sections 1 to 18, inclusive, of this act. 6 
 Sec. 13.  1. Qualified direct production expenditures must be 7 
for purchases, rentals or leases of tangible personal property or 8 
services from a Nevada business during the period in which a 9 
qualified production is produced, must be customary and reasonable 10 
and must relate to: 11 
 (a) Set construction and operation; 12 
 (b) Wardrobe and makeup; 13 
 (c) Photography, sound and lighting; 14 
 (d) Filming, film processing and film editing; 15 
 (e) The rental or leasing of facilities, locations, equipment and 16 
vehicles; 17 
 (f) Food, lodging and transportation, including, without 18 
limitation, airfares for flights to or from this State that are purchased 19 
through a Nevada business; 20 
 (g) Editing, sound mixing, special effects, visual effects and 21 
other postproduction services; 22 
 (h) The payroll for Nevada residents or other personnel who 23 
provided services in this State, whether as above-the-line personnel 24 
or below-the-line personnel, including, without limitation, wages, 25 
fringe benefits and living expenses paid in connection with services 26 
rendered in this State; 27 
 (i) Payments for goods or services provided by a Nevada 28 
business or the lead supplier; 29 
 (j) The design, construction, improvement or repair of property, 30 
infrastructure, equipment or a production or postproduction facility; 31 
 (k) Charges for services that are necessary to complete a sale, 32 
lease or rental of any tangible personal property described in this 33 
subsection, to the extent not included as part of another cost 34 
reported pursuant to this section; 35 
 (l) State and local government taxes to the extent not included as 36 
part of another cost reported pursuant to this section; and 37 
 (m) Any other transaction, service or activity authorized in 38 
regulations adopted by the Office pursuant to section 12 of this act. 39 
 2. In addition to the qualified direct production expenditures 40 
listed in subsection 1, payments to a qualified entity for services 41 
performed in Nevada by a qualified individual are qualified direct 42 
production expenditures. 43 
 3. Expenditures and costs: 44 
 (a) Related to: 45   
 	– 14 – 
 
 
- 	*SB220* 
  (1) The acquisition, transfer or use of film infrastructure 1 
transferable tax credits; 2 
  (2) Marketing and distribution; 3 
  (3) Financing, depreciation and amortization; 4 
  (4) The payment of any profits as a result of the qualified 5 
production;  6 
  (5) The payment for the cost of the audit required by 7 
subparagraph (2) of paragraph (f) of section 12 of this act; and 8 
  (6) The payment for any goods or services that are not 9 
directly attributable to the qualified production; 10 
 (b) For which reimbursement is received, or for which 11 
reimbursement is reasonably expected to be received; 12 
 (c) Which are paid to a joint venturer or a parent, subsidiary or 13 
other affiliate of the production company, unless the amount paid 14 
represents the fair market value of the purchase, rental or lease of 15 
the property or services for which payment is made, which may be 16 
established by considering the amount paid for the purchase, rental 17 
or lease of comparable property or services from the joint venturer, 18 
parent, subsidiary or other affiliate by a person, other than the 19 
production company, in another state or country; 20 
 (d) Which are paid to another person for the purpose of 21 
subcontracting or passing through any purchase, rental or lease of 22 
tangible personal property or services used or consumed for the 23 
qualified production; or  24 
 (e) Which have been previously claimed as a basis for film 25 
infrastructure transferable tax credits or noninfrastructure 26 
transferable tax credits, 27 
 are not qualified direct production expenditures and are not 28 
eligible to serve as a basis for film infrastructure transferable tax 29 
credits issued pursuant to section 12 of this act. 30 
 4. If any tangible personal property is acquired by a Nevada 31 
business, other than the lead supplier, from a vendor outside this 32 
State for immediate resale, rental or lease to a production company 33 
that produces a qualified production, expenditures incurred by the 34 
production company for the purchase, rental or lease of the property 35 
are qualified direct production expenditures if: 36 
 (a) The Nevada business regularly deals in property of that kind; 37 
and 38 
 (b) The expenditures are otherwise qualified direct production 39 
expenditures under the provisions of this section. 40 
 5. If any tangible personal property is acquired by the 41 
production company as an asset, the calculation of the costs of the 42 
tangible personal property that constitute a qualified direct 43 
production expenditure must be performed in the manner prescribed 44 
by the Office by regulation. 45   
 	– 15 – 
 
 
- 	*SB220* 
 6. As used in this section: 1 
 (a) “Fringe benefits” means employee expenses paid by an 2 
employer for the use of a person’s services, including, without 3 
limitation, payments made to a governmental entity, union dues, 4 
health insurance premiums, payments to a pension plan and 5 
payments for workers’ compensation insurance. 6 
 (b) “Nevada business” means a business that is registered with 7 
the Secretary of State to do business in this State and has an ongoing 8 
physical presence in this State, which must be evidenced by a 9 
business address in the name of the business that is located in this 10 
State and that is not a post office box. 11 
 (c) “Qualified entity” means a payroll services corporation or 12 
loan-out company: 13 
  (1) That is a corporation organized pursuant to chapter 78 of 14 
NRS, a foreign corporation required to file an initial or annual list 15 
with the Secretary of State pursuant to chapter 80 of NRS, a limited-16 
liability company organized pursuant to chapter 86 of NRS or a 17 
foreign limited-liability company registered with the Secretary of 18 
State pursuant to chapter 86 of NRS; 19 
  (2) That receives payment for services performed by a 20 
qualified individual who would otherwise be directly employed by 21 
the production company producing a qualified production; and 22 
  (3) Of which at least 50 percent of the ownership interest is 23 
owned directly or indirectly by the qualified individual performing 24 
services for the qualified production. 25 
 (d) “Qualified individual” means a natural person who performs 26 
services during the production period in an activity related to the 27 
production of a qualified production, including, without limitation, 28 
the preproduction, production and postproduction phases of the 29 
production of a qualified production. The term does not include: 30 
  (1) A natural person related, in any manner set forth in 26 31 
U.S.C. § 51(i)(1)(A), (B) or (C), to the production company or an 32 
employee of the production company; or 33 
  (2) Any 5-percent owner, as defined in 26 U.S.C. § 34 
416(i)(1)(B)(i), of the production company. 35 
 Sec. 14.  1. Except as otherwise provided in subsections 2 36 
and 4 and section 15 of this act, the base amount of film 37 
infrastructure transferable tax credits issued to an eligible 38 
production company pursuant to section 12 of this act must equal: 39 
 (a) Thirty-five percent of the qualified direct production 40 
expenditures paid to Nevada residents in connection with services 41 
rendered in this State, including, without limitation, fringe benefits, 42 
as defined in section 13 of this act, and handling fees paid to such 43 
persons.  44   
 	– 16 – 
 
 
- 	*SB220* 
 (b) Thirty percent of the qualified direct production expenditures 1 
other than the qualified direct production expenditures described in 2 
paragraph (a). 3 
 2. Except as otherwise provided in subsections 3 and 4 and 4 
section 15 of this act, for an application for a certificate of eligibility 5 
for film infrastructure transferable tax credits approved by the 6 
Office: 7 
 (a) Not less than 60 months, but less than 85 months, after the 8 
date on which the development agreement was executed pursuant to 9 
section 10 of this act, the base amount of film infrastructure 10 
transferable tax credits calculated pursuant to subsection 1 must be 11 
reduced by 5 percent of the amount of film infrastructure 12 
transferable tax credits that would otherwise be issued, if less than 13 
40 percent of the below-the-line personnel of the qualified 14 
production are Nevada residents.  15 
 (b) Eighty-five months or more after the date on which the 16 
development agreement was executed pursuant to section 10 of this 17 
act, the base amount of film infrastructure transferable tax credits 18 
calculated pursuant to subsection 1 must be reduced by 10 percent 19 
of the amount of film infrastructure transferable tax credits that 20 
would otherwise be issued, if less than 60 percent of the below-the-21 
line personnel of the qualified production are Nevada residents. 22 
 A reduction in the amount of film infrastructure transferable tax 23 
credits pursuant to this subsection must not reduce the amount of 24 
money paid pursuant to subsection 7 of section 12 of this act to the 25 
Account for Nevada Film, Media and Related Technology 26 
Education and Vocational Training created by section 30 of this act. 27 
 3. For the purposes of subsection 2: 28 
 (a) Except as otherwise provided in paragraph (b), the 29 
percentage of the below-the-line personnel who are Nevada 30 
residents must be determined by dividing the number of workdays 31 
worked by Nevada residents by the number of workdays worked by 32 
all below-the-line personnel. 33 
 (b) Any work performed by an extra must not be considered in 34 
determining the percentage of the below-the-line personnel who are 35 
Nevada residents. 36 
 4. The Office may: 37 
 (a) Reduce the cumulative amount of film infrastructure 38 
transferable tax credits that are calculated pursuant to this section by 39 
an amount equal to any damages incurred by the State or any 40 
political subdivision of the State as a result of a qualified production 41 
that is produced in this State; or 42 
 (b) Withhold the film infrastructure transferable tax credits, in 43 
whole or in part: 44   
 	– 17 – 
 
 
- 	*SB220* 
  (1) Until any pending legal action in this State against a 1 
production company or involving a qualified production is resolved. 2 
  (2) If a production company violates any state or local law. 3 
  (3) If a production company is found to have knowingly 4 
submitted any false statement, representation or certification in any 5 
document submitted for the purpose of obtaining film infrastructure 6 
transferable tax credits. 7 
 5. For an employee to be considered a resident of Nevada for 8 
the purposes of this section, the production company must maintain 9 
the following documents in the personnel file of the employee: 10 
 (a) A statement signed by the employee that the employee: 11 
  (1) Was a bona-fide resident of this State for at least 120 12 
days before the commencement of the period during which the 13 
employee renders services for the production of the qualified 14 
production; and 15 
  (2) Has been a bona-fide resident of this State continuously 16 
throughout the period during which the employee renders services 17 
for the production of the qualified production; 18 
 (b) A copy of the current and valid Nevada driver’s license of 19 
the employee or a current and valid identification card for the 20 
employee issued by the Department of Motor Vehicles and, if 21 
applicable, a copy of the most recently expired Nevada driver’s 22 
license of the employee or the most recently expired identification 23 
card for the employee issued by the Department of Motor Vehicles; 24 
and 25 
 (c) A copy of a utility bill containing the name of the employee 26 
or a copy of a voter registration card issued to the employee. 27 
 The production company shall maintain the documentation 28 
required by this subsection in the personnel file of the employee 29 
until the Office makes a final determination concerning the issuance 30 
of film infrastructure transferable tax credits for the qualified 31 
production on which the employee rendered services and shall, upon 32 
request, make the documentation available to the Office or any 33 
person performing the audit of the qualified production as required 34 
by subparagraph (2) of paragraph (f) of subsection 3 of section 12 of 35 
this act. 36 
 Sec. 15.  1. Except as otherwise provided in this section, the 37 
Executive Director of the Office shall not approve any application 38 
for film infrastructure transferable tax credits submitted pursuant to 39 
section 12 of this act if: 40 
 (a) Approval of the application would cause the total amount of 41 
film infrastructure transferable tax credits approved pursuant to 42 
section 12 of this act: 43 
  (1) To exceed $48,000,000 during the first 12-month period 44 
of the development period.  45   
 	– 18 – 
 
 
- 	*SB220* 
  (2) To exceed $48,000,000 during the second 12-month 1 
period of the development period. 2 
  (3) To exceed $63,000,000 during the third 12-month period 3 
of the development period. 4 
  (4) To exceed $58,100,000 for each fiscal year commencing 5 
after: 6 
   (I) The end of the development period; and 7 
   (II) The lead participant has made the capital investment 8 
required pursuant to subparagraph (1) of paragraph (a) of subsection 9 
1 of section 10 of this act but before the lead participant has made 10 
the capital investment required pursuant to subparagraph (2) of 11 
paragraph (a) of subsection 1 of section 10 of this act. 12 
  (5) To exceed $83,000,000 for each fiscal year commencing 13 
after: 14 
   (I) The end of the development period; and 15 
   (II) The lead participant has made the capital investment 16 
required pursuant to subparagraph (2) of paragraph (a) of subsection 17 
1 of section 10 of this act. 18 
 (b) The application is submitted by a production company in a 19 
fiscal year that begins more than 15 years after the Nevada Studios 20 
Project receives its first certificate of occupancy. 21 
 2. If a production company satisfies all requirements for the 22 
approval of an application for film infrastructure transferable tax 23 
credits and the approval of the application would cause the total 24 
amount of film infrastructure transferable tax credits approved 25 
during the current fiscal year to exceed the amount authorized to be 26 
approved for the current fiscal year, the Executive Director of the 27 
Office shall approve the application and reduce the amount of film 28 
infrastructure transferable tax credits authorized to be approved 29 
pursuant to subsection 1 in the next fiscal year by the amount of film 30 
infrastructure transferable tax credits approved during the current 31 
fiscal year in excess of the amount authorized to be approved during 32 
the current fiscal year. Any film infrastructure transferable tax 33 
credits approved during the development period in excess of the 34 
amount authorized by subsection 1 to be approved during the 35 
development period may not be taken against any allowable fee or 36 
tax before the first fiscal year after the end of the development 37 
period. 38 
 3. Except as otherwise provided in paragraph (b) of subsection 39 
1, 50 percent of the amount of film infrastructure transferable tax 40 
credits authorized for the development period and any fiscal year 41 
beginning after the end of the development period that are not 42 
approved for the development period or the fiscal year, as 43 
applicable, may be carried forward and made available for approval: 44   
 	– 19 – 
 
 
- 	*SB220* 
 (a) If the credits being carried forward are authorized to be 1 
approved during the development period, for the first fiscal year 2 
beginning after the end of the development period. 3 
 (b) If the credits being carried forward are authorized to be 4 
approved for a fiscal year beginning after the end of the 5 
development period, for the next fiscal year. 6 
 For any fiscal year to which film infrastructure transferable tax 7 
credits are carried forward from the immediately preceding fiscal 8 
year pursuant to this subsection, the film infrastructure transferable 9 
tax credits that have been carried forward must be deemed to be the 10 
first film infrastructure transferable tax credits issued until the total 11 
amount of film infrastructure transferable tax credits from the 12 
immediately preceding fiscal year have been issued. 13 
 4. If the Executive Director of the Office approves an 14 
application for a certificate of eligibility pursuant to section 12 of 15 
this act, the amount of any film infrastructure transferable tax credits 16 
that: 17 
 (a) For any reason, are not issued to the production company 18 
that submitted the application must be considered to be unused and 19 
available to be used or carried forward in the manner set forth in this 20 
section. 21 
 (b) Are issued but unused, as evidenced by the return to the 22 
Office of the certificate of film infrastructure transferable tax 23 
credits, must be considered to be unused and available to be used or 24 
carried forward in the manner set forth in this section. 25 
 5. Film infrastructure transferable tax credits issued to a 26 
production company for a qualified production pursuant to section 27 
12 of this act expire at the end of the fiscal year that is 7 years after 28 
the date on which the film infrastructure transferable tax credits are 29 
issued to the production company. 30 
 6. For the purposes of this section, the “development period” is 31 
the period beginning on the date on which the Office and the lead 32 
participant execute a development agreement pursuant to section 10 33 
of this act and ending 36 months after that date. 34 
 Sec. 16.  1. Except as otherwise provided in sections 3 to 18, 35 
inclusive, of this act, the Executive Director of the Office shall 36 
approve an application for film infrastructure transferable tax credits 37 
submitted pursuant to section 12 of this act if the Executive Director 38 
determines that the applicant satisfies the criteria for the issuance of 39 
film infrastructure transferable tax credits.  40 
 2. A production company that produces a qualified production 41 
shall submit the audit required by subparagraph (2) of paragraph (f) 42 
of subsection 3 of section 12 of this act and all other required 43 
information to the Office and the Department of Taxation within the 44 
time required by paragraph (f) of subsection 3 of section 12 of this 45   
 	– 20 – 
 
 
- 	*SB220* 
act. If the Office or the Department determines that information 1 
submitted pursuant to this subsection is incomplete, the production 2 
company shall, not later than 30 days after receiving notice that the 3 
information is incomplete, provide to the Office or the Department, 4 
as applicable, all additional information required by the Office or 5 
the Department. 6 
 Sec. 17.  1. A production company that is found to have 7 
knowingly submitted any false statement, representation or 8 
certification in any document submitted for the purpose of obtaining 9 
film infrastructure transferable tax credits or who otherwise 10 
becomes ineligible for film infrastructure transferable tax credits 11 
after receiving the film infrastructure transferable tax credits 12 
pursuant to section 12 of this act shall repay to the Department of 13 
Taxation or the Nevada Gaming Control Board, as applicable, any 14 
portion of the film infrastructure transferable tax credits to which 15 
the production company is not entitled. 16 
 2. Film infrastructure transferable tax credits purchased in 17 
good faith are not subject to forfeiture or repayment by the 18 
transferee unless the transferee submitted fraudulent information in 19 
connection with the purchase. 20 
 Sec. 18.  The Office shall, on or before October 1 of each year, 21 
prepare and submit to the Governor and to the Director of the 22 
Legislative Counsel Bureau for transmittal to the Legislature an 23 
annual report which includes, for the immediately preceding fiscal 24 
year: 25 
 1. The number of applications submitted for film infrastructure 26 
transferable tax credits pursuant to section 12 of this act; 27 
 2. The number of qualified productions for which film 28 
infrastructure transferable tax credits were approved; 29 
 3. The amount of film infrastructure transferable tax credits 30 
approved; 31 
 4. The amount of film infrastructure transferable tax credits 32 
used; 33 
 5. The amount of film infrastructure transferable tax credits 34 
transferred; 35 
 6. The amount of film infrastructure transferable tax credits 36 
taken against each allowable fee or tax, including the actual amount 37 
used and outstanding, in total and for each qualified production; 38 
 7. The total amount of the qualified direct production 39 
expenditures incurred by each qualified production and the portion 40 
of those expenditures that were incurred in Nevada; 41 
 8. The number of persons in Nevada employed by each 42 
qualified production, the amount of wages paid to those persons and 43 
any demographic information concerning those persons that has 44 
been voluntarily provided by those persons; 45   
 	– 21 – 
 
 
- 	*SB220* 
 9. The period during which each qualified production was in 1 
Nevada and employed persons in Nevada; 2 
 10. The number of qualified productions produced by persons 3 
affiliated with the Nevada Studios Project and the number of 4 
qualified productions that were produced by persons not affiliated 5 
with the Project; 6 
 11. Demographic information concerning persons who 7 
participate in a program of vocational training and education offered 8 
at the Nevada Media and Technology Lab that is voluntarily 9 
provided by those persons; and 10 
 12. Recommendations for improving the operation of the 11 
program for the issuance of film infrastructure transferable tax 12 
credits, including, without limitation, methods to promote and 13 
encourage the development and establishment of production 14 
companies in this State that are either affiliated with the Nevada 15 
Studios Project or not affiliated with the Project. 16 
 Sec. 19.  NRS 360.7586 is hereby amended to read as follows: 17 
 360.7586 1.  “Qualified production” includes preproduction, 18 
production and postproduction and means: 19 
 (a) A theatrical, direct-to-video or other media motion picture. 20 
 (b) A made-for-television motion picture. 21 
 (c) Visual effects or digital animation sequences. 22 
 (d) A television pilot program. 23 
 (e) A television, Internet or other media series, including, 24 
without limitation, a comedy, drama, miniseries, soap opera, talk 25 
show, game show or telenovela, or an episode of such a series. 26 
 (f) A reality show. 27 
 (g) A national or regional commercial or series of commercials. 28 
 (h) An infomercial. 29 
 (i) A music video. 30 
 (j) A documentary film or series. 31 
 (k) Other visual media productions, including, without 32 
limitation, digital media, video games and mobile applications. 33 
 2.  The term does not include: 34 
 (a) A news, weather or current events program. 35 
 (b) A production that is primarily produced for industrial, 36 
corporate or institutional use. 37 
 (c) A telethon or any production that solicits money, other than a 38 
production which is produced for national distribution. 39 
 (d) A political advertisement. 40 
 (e) A sporting event, including, without limitation, a sportscast, 41 
preshow, postshow or sports newscast related to a sporting event. A 42 
qualified production described by subsection 1 shall not be deemed 43 
a sporting event for the purposes of this paragraph for the sole 44 
reason that it features athletes or relates to sports. 45   
 	– 22 – 
 
 
- 	*SB220* 
 (f) A gala, pageant or awards show. 1 
 (g) Any type of media production created solely for the purpose 2 
of posting the production on social media. 3 
 (h) Any other type of production that is excluded by regulations 4 
adopted by the Office of Economic Development pursuant to  5 
NRS 360.759. 6 
 Sec. 20.  NRS 360.759 is hereby amended to read as follows: 7 
 360.759 1. A production company that produces a qualified 8 
production in this State in whole or in part may apply to the Office 9 
of Economic Development for a certificate of eligibility for 10 
noninfrastructure transferable tax credits for any qualified direct 11 
production expenditures. The noninfrastructure transferable tax 12 
credits may be applied to: 13 
 (a) Any tax imposed by chapters 363A and 363B of NRS; 14 
 (b) The gaming license fees imposed by the provisions of  15 
NRS 463.370; 16 
 (c) Any tax imposed pursuant to chapter 680B of NRS; or 17 
 (d) Any combination of the fees and taxes described in 18 
paragraphs (a), (b) and (c). 19 
 2. The Office may approve an application for a certificate of 20 
eligibility for noninfrastructure transferable tax credits if the Office 21 
finds that the production company producing the qualified 22 
production qualifies for the noninfrastructure transferable tax 23 
credits pursuant to subsection 3. If the Office approves the 24 
application, the Office shall calculate the estimated amount of the 25 
noninfrastructure transferable tax credits pursuant to NRS 26 
360.7592, 360.7593 and 360.7594. 27 
 3. To be eligible for noninfrastructure transferable tax credits 28 
pursuant to this section, a production company must: 29 
 (a) Submit an application that meets the requirements of 30 
subsection 4; 31 
 (b) Provide [proof satisfactory to the Office that the qualified 32 
production is in the economic interest of the State; 33 
 (c) Provide] proof [satisfactory] to the Office that 70 percent or 34 
more of the funding for the qualified production has been obtained; 35 
 [(d)] (c) Provide proof [satisfactory] to the Office that at least 36 
60 percent of the direct production expenditures for: 37 
  (1) Preproduction; 38 
  (2) Production; and 39 
  (3) If any direct production expenditures for postproduction 40 
will be incurred in this State, postproduction, 41 
 of the qualified production will be incurred in this State as 42 
qualified direct production expenditures; 43 
 [(e)] (d) Not later than 270 days after the completion of 44 
principal photography of the qualified production or, if any direct 45   
 	– 23 – 
 
 
- 	*SB220* 
production expenditures for postproduction will be incurred in this 1 
State, not later than 270 days after the completion of postproduction, 2 
unless the Office agrees to extend this period by not more than 90 3 
days, provide the Office with an audit of the qualified production 4 
that includes an itemized report of qualified direct production 5 
expenditures which: 6 
  (1) Shows that the qualified production incurred qualified 7 
direct production expenditures of $500,000 or more; and 8 
  (2) Is certified by an independent certified public accountant 9 
in this State who is approved by the Office;  10 
 [(f)] (e) Pay the cost of the audit required by paragraph [(e);] 11 
(d); and 12 
 [(g)] (f) Enter into a written agreement with the Office that 13 
requires the production company to include: 14 
  (1) In the end screen credits of the qualified production [, a] : 15 
   (I) A logo of this State provided by the Office which 16 
indicates that the qualified production was filmed or otherwise 17 
produced in Nevada; and  18 
   (II) If the qualified production was produced at the 19 
Nevada Studios Project, an acknowledgment of the Project; or 20 
  (2) If the qualified production does not have end screen 21 
credits, another acknowledgment in the final version of the qualified 22 
production which indicates that the qualified production was 23 
[filmed] : 24 
   (I) Filmed or otherwise produced in Nevada; and 25 
 [(h) Meet any other requirements prescribed by regulation 26 
pursuant to this section.] 27 
   (II) Produced at the Nevada Studios Project, if 28 
applicable. 29 
 4.  An application submitted pursuant to subsection 3 must 30 
contain: 31 
 (a) A script, storyboard or synopsis of the qualified production; 32 
 (b) The names of the production company, producer, director 33 
and proposed cast; 34 
 (c) An estimated timeline to complete the qualified production; 35 
 (d) A summary of the budgeted expenditures for the entire 36 
production, including projected expenditures to be incurred outside 37 
of Nevada; 38 
 (e) Details regarding the financing of the project, including, 39 
without limitation, any information relating to a binding financing 40 
commitment, loan application, commitment letter or investment 41 
letter; 42 
 (f) An insurance certificate, binder or quote for general liability 43 
insurance of $1,000,000 or more; 44 
 (g) The business address of the production company; 45   
 	– 24 – 
 
 
- 	*SB220* 
 (h) Proof that the qualified production meets any applicable 1 
requirements relating to workers’ compensation insurance; and 2 
 (i) Proof that the production company has secured all licenses 3 
and registrations required to do business in each location in this 4 
State at which the qualified production will be produced . [; and 5 
 (j) Any other information required by regulations adopted by the 6 
Office pursuant to subsection 8.] 7 
 5. If the Office approves an application for a certificate of 8 
eligibility for noninfrastructure transferable tax credits pursuant to 9 
this section, the Office shall immediately forward a copy of the 10 
certificate of eligibility which identifies the estimated amount of the 11 
tax credits available pursuant to NRS 360.7592 to: 12 
 (a) The applicant; 13 
 (b) The Department; and 14 
 (c) The Nevada Gaming Control Board. 15 
 6. Within 60 business days after receipt of an audit provided by 16 
a production company pursuant to paragraph [(e)] (d) of subsection 17 
3 and any other accountings or other information required by the 18 
Office, the Office shall determine whether to certify the audit and 19 
make a final determination of whether a certificate of 20 
noninfrastructure transferable tax credits will be issued. If the 21 
Office certifies the audit, determines that all other requirements for 22 
the noninfrastructure transferable tax credits have been met and 23 
determines that a certificate of noninfrastructure transferable tax 24 
credits will be issued, the Office shall notify the production 25 
company that the noninfrastructure transferable tax credits will be 26 
issued. Within 30 days after the receipt of the notice, the production 27 
company shall make an irrevocable declaration of the amount of 28 
noninfrastructure transferable tax credits that will be applied to 29 
each fee or tax set forth in subsection 1, thereby accounting for all 30 
of the credits which will be issued. Upon receipt of the declaration, 31 
the Office shall issue to the production company a certificate of 32 
noninfrastructure transferable tax credits in the amount approved 33 
by the Office for the fees or taxes included in the declaration of the 34 
production company. The production company shall notify the 35 
Office upon transferring any of the noninfrastructure transferable 36 
tax credits. The Office shall notify the Department and the Nevada 37 
Gaming Control Board of all noninfrastructure transferable tax 38 
credits issued, segregated by each fee or tax set forth in subsection 39 
1, and the amount of any noninfrastructure transferable tax credits 40 
transferred. 41 
 7. Within 30 days after the issuance of a certificate of 42 
noninfrastructure transferable tax credits pursuant to subsection 43 
6, if the application for the noninfrastructure transferable tax 44 
credits was submitted on or after July 1, 2025, and before July 1, 45   
 	– 25 – 
 
 
- 	*SB220* 
2043, the production company shall pay to the Office an amount 1 
of money equal to 10 percent of the amount of noninfrastructure 2 
transferable tax credits issued to the production company 3 
pursuant to subsection 6. The Office shall deposit any money 4 
received pursuant to this subsection with the State Treasurer for 5 
credit to the Account for Nevada Film, Media and Related 6 
Technology Education and Vocational Training created by section 7 
30 of this act. A payment made pursuant to this subsection shall be 8 
deemed to be a payment made from noninfrastructure transferable 9 
tax credits which would have been authorized and approved for 10 
the production company if a payment pursuant to this subsection 11 
were not required. 12 
 8. An applicant for noninfrastructure transferable tax credits 13 
pursuant to this section shall, upon the request of the Executive 14 
Director of the Office, furnish the Executive Director with copies of 15 
all records necessary to verify that the applicant meets the 16 
requirements of subsection 3. 17 
 [8.] 9.  The Office: 18 
 (a) Shall adopt regulations prescribing: 19 
  (1) [Any additional requirements to receive transferable tax 20 
credits; 21 
  (2)] Any additional qualified expenditures or production 22 
costs that may serve as the basis for noninfrastructure transferable 23 
tax credits pursuant to NRS 360.7591; 24 
  [(3) Any additional information that must be included with 25 
an application pursuant to subsection 4; 26 
  (4)] (2) The application review process; 27 
  [(5) Any type of]  28 
  (3) That a qualified production [which, due to obscene or 29 
sexually explicit material,] for which records are required to be 30 
maintained by 18 U.S.C. § 2257, with respect to any performer in 31 
such qualified production engaging in sexually explicit conduct, is 32 
not eligible for noninfrastructure transferable tax credits; and 33 
  [(6)] (4) The requirements for notice pursuant to NRS 34 
360.7595; and 35 
 (b) May adopt any other regulations that are necessary to [carry 36 
out] ensure that the provisions of NRS 360.758 to 360.7598, 37 
inclusive [. 38 
 9.] , are carried out in a manner that is reasonable and 39 
customary within the industry for the production of qualified 40 
productions. 41 
 10.  The Nevada Tax Commission and the Nevada Gaming 42 
Commission: 43 
 (a) Shall adopt regulations prescribing the manner in which 44 
noninfrastructure transferable tax credits will be administered. 45   
 	– 26 – 
 
 
- 	*SB220* 
 (b) May adopt any other regulations that are necessary to carry 1 
out the provisions of NRS 360.758 to 360.7598, inclusive. 2 
 11. As used in this section, “Nevada Studios Project” has the 3 
meaning ascribed to it in section 8 of this act. 4 
 Sec. 21.  NRS 360.7592 is hereby amended to read as follows: 5 
 360.7592 1. Except as otherwise provided in subsection [4] 5 6 
and NRS 360.7593 and 360.7594, the base amount of 7 
noninfrastructure transferable tax credits issued to an eligible 8 
production company pursuant to NRS 360.759 : 9 
 (a) For an eligible production company that submitted the 10 
application for the certificate of eligibility for the 11 
noninfrastructure transferable tax credits before July 1, 2025, or 12 
on or after July 1, 2043, must equal 15 percent of the qualified 13 
direct production expenditures. 14 
 (b) For an eligible production company that submitted the 15 
application for the certificate of eligibility for the 16 
noninfrastructure transferable tax credits on or after July 1, 2025, 17 
and before July 1, 2043, must equal: 18 
  (1) Thirty-five percent of the qualified direct production 19 
expenditures paid to Nevada residents in connection with services 20 
rendered in this State, including, without limitation, fringe 21 
benefits, as defined in NRS 360.7593, and handling fees paid to 22 
such persons.  23 
  (2) Thirty percent of the qualified direct production 24 
expenditures other than the qualified direct production 25 
expenditures described in subparagraph (1). 26 
 2. Except as otherwise provided in subsections [3] 4 and [4] 5 27 
and NRS 360.7594, if the eligible production company submitted 28 
the application for the certificate of eligibility for 29 
noninfrastructure transferable tax credits pursuant to NRS 30 
360.759 before July 1, 2025, or on or after July 1, 2043, in addition 31 
to the base amount calculated pursuant to paragraph (a) of 32 
subsection 1, noninfrastructure transferable tax credits issued to an 33 
eligible production company [pursuant to NRS 360.759] must 34 
include credits in an amount equal to: 35 
 (a) An additional 5 percent of the qualified direct production 36 
expenditures if more than 50 percent of the below-the-line personnel 37 
of the qualified production are Nevada residents; and 38 
 (b) An additional 5 percent of the qualified direct production 39 
expenditures if more than 50 percent of the filming days of the 40 
qualified production occurred in a county in this State in which, in 41 
each of the 2 years immediately preceding the date of application, 42 
qualified productions incurred less than $10,000,000 of qualified 43 
direct production expenditures. 44   
 	– 27 – 
 
 
- 	*SB220* 
 3.  Except as otherwise provided in subsections 4 and 5 and 1 
NRS 360.7594, if the eligible production company submitted the 2 
application for the certificate of eligibility for noninfrastructure 3 
transferable tax credits pursuant to NRS 360.759 on or after  4 
July 1, 2025, and before July 1, 2043, the base amount of 5 
noninfrastructure transferable tax credits calculated pursuant to 6 
paragraph (b) of subsection 1 must be reduced by 2 percent of the 7 
qualified direct production expenditures if less than 50 percent of 8 
the below-the-line personnel of the qualified production are 9 
Nevada residents. A reduction in the amount of noninfrastructure 10 
transferable tax credits pursuant to this subsection must not 11 
reduce the amount of money transferred pursuant to subsection 7 12 
of NRS 360.759 to the Account for Nevada Film, Media and 13 
Related Technology Education and Vocational Training created 14 
by section 30 of this act. 15 
 4. For the purposes of paragraph (a) of subsection 2 [:] and 16 
subsection 3: 17 
 (a) Except as otherwise provided in paragraph (b) of this 18 
subsection, the percentage of the below-the-line personnel who are 19 
Nevada residents must be determined by dividing the number of 20 
workdays worked by Nevada residents by the number of workdays 21 
worked by all below-the-line personnel. 22 
 (b) Any work performed by an extra must not be considered in 23 
determining the percentage of the below-the-line personnel who are 24 
Nevada residents. 25 
 [4.] 5.  The Office may: 26 
 (a) Reduce the cumulative amount of noninfrastructure 27 
transferable tax credits that are calculated pursuant to this section by 28 
an amount equal to any damages incurred by the State or any 29 
political subdivision of the State as a result of a qualified production 30 
that is produced in this State; or 31 
 (b) Withhold the noninfrastructure transferable tax credits, in 32 
whole or in part: 33 
  (1) Until any pending legal action in this State against a 34 
production company or involving a qualified production is resolved. 35 
  (2) If a production company violates any state or local law. 36 
  (3) If a production company is found to have submitted any 37 
false statement, representation or certification in any document 38 
submitted for the purpose of obtaining noninfrastructure 39 
transferable tax credits. 40 
 Sec. 22.  NRS 360.7594 is hereby amended to read as follows: 41 
 360.7594 1.  Except as otherwise provided in this subsection, 42 
the Office of Economic Development shall not approve any 43 
application for noninfrastructure transferable tax credits submitted 44 
pursuant to NRS 360.759 if approval of the application would cause 45   
 	– 28 – 
 
 
- 	*SB220* 
the total amount of noninfrastructure transferable tax credits 1 
approved pursuant to NRS 360.759 for each [fiscal] :  2 
 (a) Fiscal year commencing on or after July 1, 2025, and 3 
before July 1, 2028, or on or after July 1, 2043, to exceed the sum 4 
of $10,000,000. Any portion of the $10,000,000 per fiscal year for 5 
which noninfrastructure transferable tax credits have not 6 
previously been approved may be carried forward and made 7 
available for approval during the next or any future fiscal year. 8 
 (b) Fiscal year commencing on or after July 1, 2028, and 9 
before July 1, 2043, to exceed the sum of $15,000,000. Any portion 10 
of the $15,000,000 per fiscal year for which noninfrastructure 11 
transferable tax credits have not previously been approved may be 12 
carried forward and made available for approval during the next 13 
or any future fiscal year. 14 
 2.  The noninfrastructure transferable tax credits issued to any 15 
production company for any qualified production pursuant to  16 
NRS 360.759: 17 
 (a) Must not exceed a total amount of $6,000,000; and 18 
 (b) Expire [4] at the end of the calendar year that is 6 years 19 
after the date on which the noninfrastructure transferable tax 20 
credits are issued to the production company. 21 
 3.  For the purposes of calculating qualified direct production 22 
expenditures: 23 
 (a) The compensation payable to all producers who are Nevada 24 
residents must not exceed 10 percent of the portion of the total 25 
budget of the qualified production that was expended in or 26 
attributable to any expenses incurred in this State. 27 
 (b) The compensation payable to all producers who are not 28 
Nevada residents must not exceed 5 percent of the portion of the 29 
total budget of the qualified production that was expended in or 30 
attributable to any expenses incurred in this State. 31 
 (c) The compensation payable to any employee, independent 32 
contractor or any other person who is below-the-line personnel and 33 
who is paid a wage or salary as compensation for providing labor 34 
services on the production of the qualified production must not 35 
exceed $750,000. 36 
 Sec. 23.  NRS 360.7595 is hereby amended to read as follows: 37 
 360.7595 1. If the Office of Economic Development receives 38 
an application for noninfrastructure transferable tax credits 39 
pursuant to NRS 360.759, the Office shall, not later than 10 days 40 
before a hearing on the application, provide notice of the hearing to: 41 
 (a) The applicant; 42 
 (b) The Department; and 43 
 (c) The Nevada Gaming Control Board. 44   
 	– 29 – 
 
 
- 	*SB220* 
 2.  The notice required by this section must set forth the date, 1 
time and location of the hearing on the application. The date of the 2 
hearing must be not later than 60 days after the Office receives the 3 
completed application. 4 
 3.  The Office shall issue a decision on the application not later 5 
than 30 days after the conclusion of the hearing on the application. 6 
 4.  Except as otherwise provided in this subsection, if the 7 
application is approved, principal photography of the qualified 8 
production must begin not more than 90 days after the date on 9 
which the decision on the application is issued. The Office of 10 
Economic Development: 11 
 (a) Shall prescribe by regulation the procedure for determining 12 
the date of commencement of qualified productions that do not 13 
include photography for the purposes of this section. 14 
 (b) May extend by not more than 90 days the period otherwise 15 
prescribed by this subsection. 16 
 5.  A production company that produces a qualified production 17 
shall submit the audit required by NRS 360.759 and all other 18 
required information to the Office and the Department within the 19 
time required by paragraph [(e)] (d) of subsection 3 of NRS 20 
360.759. Production of the qualified production must be completed 21 
within 18 months after the date of commencement of principal 22 
photography. If the Office or the Department determines that 23 
information submitted pursuant to this subsection is incomplete, the 24 
production company shall, not later than 30 days after receiving 25 
notice that the information is incomplete, provide to the Office or 26 
the Department, as applicable, all additional information required by 27 
the Office or the Department. 28 
 6.  The Office shall give priority to the approval and processing 29 
of an application relating to a qualified production that promotes 30 
tourism in the State of Nevada. 31 
 Sec. 24.  NRS 360.7598 is hereby amended to read as follows: 32 
 360.7598 The Office of Economic Development shall, on or 33 
before October 1 of each year, prepare and submit to the Governor 34 
and to the Director of the Legislative Counsel Bureau for transmittal 35 
to the Legislature an annual report which includes, for the 36 
immediately preceding fiscal year: 37 
 1.  The number of applications submitted for noninfrastructure 38 
transferable tax credits pursuant to NRS 360.759; 39 
 2.  The number of qualified productions for which 40 
noninfrastructure transferable tax credits were approved; 41 
 3.  The amount of noninfrastructure transferable tax credits 42 
approved; 43 
 4.  The amount of noninfrastructure transferable tax credits 44 
used; 45   
 	– 30 – 
 
 
- 	*SB220* 
 5.  The amount of noninfrastructure transferable tax credits 1 
transferred; 2 
 6.  The amount of noninfrastructure transferable tax credits 3 
taken against each allowable fee or tax, including the actual amount 4 
used and outstanding, in total and for each qualified production; 5 
 7.  The total amount of the qualified direct production 6 
expenditures incurred by each qualified production and the portion 7 
of those expenditures that were incurred in Nevada; 8 
 8.  The number of persons in Nevada employed by each 9 
qualified production , [and] the amount of wages paid to those 10 
persons [;] and any demographic information concerning those 11 
persons that has been voluntarily provided by those persons; and 12 
 9.  The period during which each qualified production was in 13 
Nevada and employed persons in Nevada. 14 
 Sec. 25.  Chapter 231 of NRS is hereby amended by adding 15 
thereto the provisions set forth as sections 26 to 32, inclusive, of this 16 
act. 17 
 Sec. 26.  As used in sections 26 to 32, inclusive, of this act, 18 
unless the context otherwise requires, the words and terms defined 19 
in sections 27, 28 and 29 of this act have the meanings ascribed to 20 
them in those sections. 21 
 Sec. 27.  “Account” means the Account for Nevada Film, 22 
Media and Related Technology Education and Vocational 23 
Training created by section 30 of this act. 24 
 Sec. 28.  “Board” means the Board for Nevada Film, Media 25 
and Related Technology Education and Vocational Training 26 
created by section 31 of this act. 27 
 Sec. 29.  “Nevada Studios Project” has the meaning ascribed 28 
to it in section 8 of this act. 29 
 Sec. 30.  1. The Account for Nevada Film, Media and 30 
Related Technology Education and Vocational Training is hereby 31 
created in the State General Fund. The Executive Director, at the 32 
direction of the Board, shall administer the Account. 33 
 2. The Executive Director may apply for and accept gifts, 34 
grants, bequests and donations from any source for deposit in the 35 
Account. 36 
 3. The Account consists of: 37 
 (a) Money deposited for credit to the Account pursuant to NRS 38 
360.759 and section 12 of this act. 39 
 (b) Any direct legislative appropriations to the Account. 40 
 (c) Any gifts, grants, bequests and donations made to the 41 
Account. 42 
 (d) Interest and income earned on money in the Account. 43   
 	– 31 – 
 
 
- 	*SB220* 
 4. The interest and income earned on the money in the 1 
Account, after deducting any applicable charges, must be credited 2 
to the Account. 3 
 5. Any money remaining in the Account at the end of the 4 
fiscal year does not revert to the State General Fund, and the 5 
balance in the Account must be carried forward to the next fiscal 6 
year. 7 
 6. Money deposited in the Account pursuant to NRS 360.759 8 
and section 12 of this act must be accounted for separately and 9 
used by the Office to pay costs for the operation of the Nevada 10 
Media and Technology Lab in the following order of priority: 11 
 (a) Base rent; 12 
 (b) The costs of employing an administrative officer for the 13 
Nevada Media and Technology Lab, and any costs related to such 14 
employment, in the amount of $300,000 per fiscal year; 15 
 (c) Any unpaid rent and interest on such unpaid rent at the 16 
rate of 8 percent per year; 17 
 (d) Maintenance of a reserve in the amount of $1,000,000 for 18 
the payment of base rent;  19 
 (e) Payment to the Video Game Publishing Design Program 20 
Initiative of the University of Nevada, Las Vegas, in the amount of 21 
$500,000 per fiscal year, or until a total of $2,500,000 is paid; 22 
 (f) Payment to the Creative Technology Initiative of the 23 
University of Nevada, Las Vegas, in the amount of $1,000,000 per 24 
fiscal year for 10 fiscal years, or until a total of $10,000,000 is 25 
paid; and 26 
 (g) A reserve in the amount of $200,000 per fiscal year for the 27 
replacement of shared equipment and furniture, fixtures and other 28 
equipment. 29 
 7. Except as otherwise provided in subsection 6, all money in 30 
the Account must be used by the Office to make grants approved 31 
by the Board to any institution within the Nevada System of 32 
Higher Education, a state or local agency, a school district, a 33 
vocational trade school, a nonprofit organization, a labor 34 
organization or a private postsecondary educational institution 35 
that provides a program of workforce development for the 36 
production of qualified productions in this State. In addition to 37 
being used for making grants pursuant to this subsection, money 38 
transferred to the Account pursuant to NRS 360.759 and section 39 
12 of this act may be used to pay costs associated to employ 40 
personnel to assist with the operation of the Nevada Media and 41 
Technology Lab.  42 
 8. If, on June 30, 2048, this section is scheduled to expire by 43 
limitation on June 30, 2049, the unamortized balance of the 44 
specialized tenant improvements within the Nevada Media and 45   
 	– 32 – 
 
 
- 	*SB220* 
Technology Lab must be paid to the owner of the building in 1 
which the Nevada Media and Technology Lab is located, and such 2 
money must be reserved to pay the costs described in paragraphs 3 
(e), (f) and (g) of subsection 6 and to make grants pursuant to 4 
subsection 7. 5 
 9. As used in this section: 6 
 (a) “Nevada Media and Technology Lab” has the meaning 7 
ascribed to it in section 7 of this act. 8 
 (b) “Qualified production” has the meaning ascribed to it in 9 
NRS 360.7586. 10 
 Sec. 31.  1. There is hereby created the Board for Nevada 11 
Film, Media and Related Technology Education and Vocational 12 
Training within the Office of Economic Development in the Office 13 
of the Governor, consisting of the following voting members: 14 
 (a) One member appointed by the Governor, from a nominee 15 
selected by the lead participant for the Nevada Studios Project; 16 
 (b) One member appointed by the Governor, from a nominee 17 
selected by the lead supplier for the Nevada Studios Project; 18 
 (c) One member, who must not be a Legislator, appointed by 19 
the Majority Leader of the Senate; 20 
 (d) One member, who must not be a Legislator, appointed by 21 
the Speaker of the Assembly; 22 
 (e) One member, who must not be a Legislator, appointed by 23 
the Minority Leader of the Senate; 24 
 (f) One member, who must not be a Legislator, appointed by 25 
the Minority Leader of the Assembly; 26 
 (g) One member appointed by the President of the University 27 
of Nevada, Las Vegas, or the designee of the President; 28 
 (h) The Executive Director of the Office of Economic 29 
Development or his or her designee; and 30 
 (i) The Executive Director of the Governor’s Office of 31 
Workforce Innovation or his or her designee. 32 
 2. In appointing members to the Board pursuant to 33 
subsection 1, the appointing authorities set forth in that subsection 34 
shall coordinate to ensure that both the public and private sectors 35 
are represented on the Board.  36 
 3. The members appointed pursuant to paragraphs (a), (b), 37 
(c), (e) and (g) of subsection 1 must be appointed to an initial term 38 
of 4 years commencing on January 1, 2026, and the members 39 
appointed pursuant to paragraphs (d) and (f) of subsection 1  40 
must be appointed to an initial term of 2 years commencing on 41 
January 1, 2026. After the initial terms, each member shall serve a 42 
term of 4 years. Each appointed member serves at the pleasure of 43 
the person appointing that member pursuant to subsection 1, 44 
except for the member appointed pursuant to paragraph (a) of 45   
 	– 33 – 
 
 
- 	*SB220* 
subsection 1. If, for any reason, a vacancy occurs during the term 1 
of an appointed member, the person who is responsible for making 2 
the appointment pursuant to subsection 1 shall appoint a 3 
replacement member qualified pursuant to that subsection to serve 4 
for the remainder of the unexpired term. Except for the member 5 
appointed pursuant to paragraph (a) of subsection 1, each member 6 
may serve not more than two consecutive full terms. 7 
 4. At the first meeting of each fiscal year, the Board shall 8 
elect from among its members a Chair and a Vice Chair. The 9 
Executive Director of the Office shall serve as the Secretary of the 10 
Board. 11 
 5. A majority of the voting members of the Board constitutes 12 
a quorum, and the affirmative vote of a majority of the voting 13 
members of the Board is required to exercise any power conferred 14 
on the Board. 15 
 6. The Board shall meet quarterly during the calendar years 16 
2026, 2027 and 2028 and, thereafter, at least twice each calendar 17 
year, but the Board may meet more often at the call of the Chair 18 
or a majority of the voting members of the Board. 19 
 7. The members of the Board serve without compensation but 20 
are entitled to receive the per diem allowance and travel expenses 21 
provided for state officers and employees generally while engaged 22 
in the official business of the Board. 23 
 8. A member of the Board who is an officer or employee of 24 
this State or a political subdivision of this State must be relieved 25 
from duties without loss of regular compensation so that the 26 
officer or employee may prepare for and attend meetings of the 27 
Board and perform any work necessary to carry out the duties of 28 
the Board in the most timely manner practicable. A state agency or 29 
political subdivision of this State shall not require an officer or 30 
employee who is a member of the Board to make up the time the 31 
officer or employee is absent from work to carry out duties as a 32 
member of the Board or use annual vacation or compensatory 33 
time for the absence. 34 
 Sec. 32.  1. The Board shall establish: 35 
 (a) The procedures for a person or entity to apply for a grant 36 
of money from the Account; 37 
 (b) The criteria to be used to determine whether to approve an 38 
application for a grant from the Account to an applicant; and 39 
 (c) The requirements for reports by recipients of grants from 40 
the Account concerning the expenditures made from the grant, the 41 
outcomes of the programs supported by the grant and any other 42 
information deemed necessary by the Board. 43   
 	– 34 – 
 
 
- 	*SB220* 
 2. The Executive Director may provide advice and 1 
recommendations regarding the procedures, criteria and 2 
requirements established by the Board pursuant to subsection 1. 3 
 3. The Office shall not make a grant of money from the 4 
Account unless the Board has approved the application for the 5 
grant. 6 
 4. A recipient of a grant must adopt and implement a 7 
community benefits program, which must include, without 8 
limitation: 9 
 (a) A commitment to workforce diversity, inclusiveness, access 10 
and equality, including, without limitation, for underserved 11 
communities, minority groups and veterans; 12 
 (b) An explanation of the actions that will be taken and 13 
strategies that will be implemented to promote workforce diversity; 14 
and 15 
 (c) The goals and performance measures which will be used to 16 
measure the success of the program in achieving those goals. 17 
 Sec. 33.  The provisions of subsection 1 of NRS 218D.380 do 18 
not apply to any provision of this act which adds or revises a 19 
requirement to submit a report to the Legislature. 20 
 Sec. 34.  The Legislative Counsel shall:  21 
 1. In preparing the Nevada Revised Statutes, use the authority 22 
set forth in subsection 10 of NRS 220.120 to substitute 23 
appropriately the term “noninfrastructure transferable tax credits” in 24 
NRS 360.758 to 360.7598, inclusive, for the term “transferable tax 25 
credits” as previously used in those sections. 26 
 2. In preparing supplements to the Nevada Administrative 27 
Code, substitute appropriately the term “noninfrastructure 28 
transferable tax credits” in NAC 360.800 to 360.865, inclusive, for 29 
the term “transferable tax credits” as previously used in those 30 
sections. 31 
 Sec. 35.  This act becomes effective on July 1, 2025, and 32 
expires by limitation on June 30, 2050. 33 
 
H