SB240 - Revises provisions relating to state business licenses. (BDR 7-126)

EXEMPT (Reprinted with amendments adopted on May 21, 2025) SECOND REPRINT S.B. 240 - *SB240_R2* SENATE BILL NO. 240–SENATORS PAZINA, LANGE, STEINBECK, DONDERO LOOP, FLORES; ELLISON, HANSEN AND KRASNER FEBRUARY 26, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to state business licenses. (BDR 7-126) FISCAL NOTE: Effect on Local Government: No. 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 state business licenses; reducing the fee for the issuance of a state business license for certain businesses; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires certain businesses to obtain a state business license from 1 the Secretary of State. The fee for the issuance of a state business license is $500 2 for certain corporations and $200 for certain other businesses. (NRS 76.100) This 3 bill reduces the fee for the issuance of a state business license for certain businesses 4 which employ not more than 50 full-time or part-time employees to $100 effective 5 July 1, 2027. 6 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 76.100 is hereby amended to read as follows: 1 76.100 1. A person shall not conduct a business in this State 2 unless and until the person obtains a state business license issued by 3 the Secretary of State. If the person is: 4 (a) An entity required to file an initial or annual list with the 5 Secretary of State pursuant to this title, the person must obtain the 6 state business license at the time of filing the initial or annual list. 7 (b) Not an entity required to file an initial or annual list with the 8 Secretary of State pursuant to this title, the person must obtain the 9 state business license before conducting a business in this State. 10 2. An application for a state business license must: 11 – 2 – - *SB240_R2* (a) Be made upon a form prescribed by the Secretary of State; 1 (b) Set forth the name under which the applicant transacts or 2 intends to transact business, or if the applicant is an entity organized 3 pursuant to this title and on file with the Secretary of State, the exact 4 name on file with the Secretary of State, the business identification 5 number as assigned by the Secretary of State pursuant to NRS 6 225.082, and the location in this State of the place or places of 7 business; 8 (c) [Be] Unless a reduced fee is otherwise provided in 9 subsection 8, be accompanied by a fee in the amount of $200 [, 10 except that] or, if the applicant is a corporation organized pursuant 11 to chapter 78, 78A or 78B of NRS, or a foreign corporation required 12 to file an initial or annual list with the Secretary of State pursuant to 13 chapter 80 of NRS, [the application must be accompanied by] a fee 14 of $500; and 15 (d) Include any other information that the Secretary of State 16 deems necessary. 17  If the applicant is an entity organized pursuant to this title and on 18 file with the Secretary of State and the applicant has no location in 19 this State of its place of business, the address of its registered agent 20 shall be deemed to be the location in this State of its place of 21 business. 22 3. The application must be signed pursuant to NRS 239.330 by: 23 (a) The owner of a business that is owned by a natural person. 24 (b) A member or partner of an association or partnership. 25 (c) A general partner of a limited partnership. 26 (d) A managing partner of a limited-liability partnership. 27 (e) A manager or managing member of a limited-liability 28 company. 29 (f) An officer of a corporation or some other person specifically 30 authorized by the corporation to sign the application. 31 4. If the application for a state business license is defective in 32 any respect or the fee required by this section is not paid, the 33 Secretary of State may return the application for correction or 34 payment. 35 5. A state business license issued pursuant to this section must 36 contain the business identification number assigned by the Secretary 37 of State pursuant to NRS 225.082. 38 6. The state business license required to be obtained pursuant 39 to this section is in addition to any license to conduct business that 40 must be obtained from the local jurisdiction in which the business is 41 being conducted. 42 7. For the purposes of this chapter, a person: 43 (a) Shall be deemed to conduct a business in this State if a 44 business for which the person is responsible: 45 – 3 – - *SB240_R2* (1) Is organized pursuant to this title, other than a business 1 organized pursuant to: 2 (I) Chapter 82 or 84 of NRS; or 3 (II) Chapter 81 of NRS if the business is a nonprofit unit- 4 owners’ association or a nonprofit religious, charitable, fraternal or 5 other organization that qualifies as a tax-exempt organization 6 pursuant to 26 U.S.C. § 501(c); 7 (2) Has an office or other base of operations in this State; 8 (3) Except as otherwise provided in NRS 76.103, has a 9 registered agent in this State; or 10 (4) Pays wages or other remuneration to a natural person 11 who performs in this State any of the duties for which he or she is 12 paid. 13 (b) Shall be deemed not to conduct a business in this State if: 14 (1) The business for which the person is responsible: 15 (I) Is not organized pursuant to this title; 16 (II) Does not have an office or base of operations in this 17 State; 18 (III) Does not have a registered agent in this State; and 19 (IV) Does not pay wages or other remuneration to a 20 natural person who performs in this State any of the duties for which 21 he or she is paid, other than wages or other remuneration paid to a 22 natural person for performing duties in connection with an activity 23 described in subparagraph (2); 24 (2) The business for which the person is responsible is 25 conducting activity in this State solely to provide vehicles or 26 equipment on a short-term basis in response to a wildland fire, a 27 flood, an earthquake or another emergency; or 28 (3) The Secretary of State determines that the person is not 29 conducting a business in this State. 30 8. If an applicant for a state business license is a sole 31 proprietorship, limited-liability company, limited partnership or 32 general partnership which employs not more than 50 full-time or 33 part-time employees, the application must be accompanied by a fee 34 of $100. 35 9. As used in this section, “registered agent” has the meaning 36 ascribed to it in NRS 77.230. 37 Sec. 2. This act becomes effective on July 1, 2027. 38 H