Whereas the Nevada Legislature specifically established an exemption from the state’s business license fee for qualified small, home-based businesses, and
Whereas a small home-based business in Nevada may legally operate as either a sole proprietorship or as a corporation, and
Whereas Secretary of State Ross Miller unsuccessfully lobbied the Nevada Legislature to repeal the small, home-based business exemption for certain businesses during the 2011 legislative session, and
Whereas after being denied his request to repeal the exemption, Secretary Miller unilaterally imposed rules and regulations that effectively repealed the exemption for some 60,000 small, home-based Nevada businesses, and
Whereas Secretary Miller’s end-run around the Legislature has been challenged in court by the Nevada Resident Agents Association, and
Whereas in March 2012, Secretary Miller persuaded four Democrats on the Nevada Legislative Subcommittee on Regulations to approve his administrative repeal of the exemption over the objections of the sub-committee’s two Republicans, and
Whereas as a result, an estimated 60,000 Nevada businesses are now being assessed the $200 annual fee despite the clear wishes and intent of the full Nevada Legislature and despite an ongoing and unresolved lawsuit challenging the Secretary of State’s actions,
Therefore I hereby urge the 2013 Nevada Legislature to override Secretary Miller’s and Subcommittee on Regulations’ actions and restore the exemption from the state’s business license fee for those 60,000 small, home-based businesses as per the Legislature’s original intent in passing the exemption in the first place.