[Rev. 11/21/2013 10:52:17 AM--2013]

TITLE 27 - PUBLIC PROPERTY AND PURCHASING

CHAPTER 331 - ADMINISTRATION AND CONTROL OF STATE BUILDINGS, GROUNDS AND PROPERTIES

STATE PUBLIC WORKS DIVISION OF DEPARTMENT OF ADMINISTRATION; BUILDINGS AND GROUNDS SECTION

NRS 331.010           Definitions.

NRS 331.020           Administration.

NRS 331.060           Employees of Buildings and Grounds Section.

NRS 331.070           Jurisdiction of Administrator; requisition for repairs.

NRS 331.080           Authorized expenditures for maintenance and repairs.

NRS 331.085           Administrator authorized to charge for extra services; deposit of receipts.

NRS 331.090           Administrator authorized to accept rent from state agencies; deposit of rent in Buildings and Grounds Operating Fund.

NRS 331.093           Report of capital improvements.

NRS 331.097           Program for rental of equipment and property from other using agencies.

NRS 331.100           Specific powers and duties of Administrator.

NRS 331.101           Buildings and Grounds Operating Fund: Creation; payment of operating costs.

NRS 331.102           Buildings and Grounds Operating Fund: Payment by state agencies of cost of renting space in building.

NRS 331.110           Lease of offices outside state buildings; inventory of state property; confidentiality; program to track use of energy.

NRS 331.120           Assignment of space by Administrator.

NRS 331.130           Capitol Building: Maintenance and management; Government Museum under management of Museum Director of Nevada State Museum.

NRS 331.133           Capitol Building: Government Museum; duties of Museum Director of Nevada State Museum.

NRS 331.135           Legislative Building and grounds: Control by Legislature; assignment of space; maintenance.

NRS 331.137           Payment of costs of construction and renovation of purchasing warehouse building.

NRS 331.140           Protection of state property and persons on property; assistance from personnel appointed to Capitol Police Division of Department of Public Safety; assignment of personnel of Capitol Police Division to protect justices of Supreme Court. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 331.140           Protection of state property and persons on property; assistance from personnel appointed to Capitol Police Division of Department of Public Safety; assignment of personnel of Capitol Police Division to protect justices of Supreme Court and judges of Court of Appeals. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 331.145           Duty to remove or cover graffiti placed on state property; action to recover civil penalty and damages.

GOVERNOR’S MANSION

NRS 331.155           Inventories of property; missing or damaged property; losses.

MARLETTE LAKE WATER SYSTEM

NRS 331.160           Creation; purposes; supervision and administration; employees; request for issuance of bonds to finance improvement and modernization; legislative declaration.

NRS 331.170           State Department of Conservation and Natural Resources: Control and administration of land; cooperation with Department of Administration and Board of Wildlife Commissioners.

NRS 331.180           Marlette Lake Water System Fund: Creation; use.

RISK MANAGEMENT DIVISION

NRS 331.182           Administrator of Division: General duties.

NRS 331.183           State Risk Manager: Conflicts of interest prohibited.

NRS 331.184           State Risk Manager: Duties.

NRS 331.1845         State Risk Manager: Employment of staff.

NRS 331.186           Factors for determining need for, form and amount of insurance coverages.

NRS 331.187           Fund for Insurance Premiums: Creation; deposits; expenditures.

NRS 331.188           Fund for Insurance Premiums: Deposit of money received from insurance companies in payment of losses incurred on state buildings or property; exception.

PROHIBITED ACTS AND PENALTIES

NRS 331.190           Sale, gift or disposal of liquor in capitol unlawful.

NRS 331.200           Damage to or destruction of capitol grounds or other state property unlawful.

NRS 331.210           Capitol decorations, minerals and curios not to be removed; exception.

NRS 331.220           Surreptitious electronic surveillance prohibited; exceptions.

_________

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STATE PUBLIC WORKS DIVISION OF DEPARTMENT OF ADMINISTRATION; BUILDINGS AND GROUNDS SECTION

      NRS 331.010  Definitions.  As used in NRS 331.010 to 331.145, inclusive, unless the context otherwise requires:

      1.  “Administrator” means the Administrator of the Division.

      2.  “Buildings and Grounds Section” means the Buildings and Grounds Section of the Division.

      3.  “Department” means the Department of Administration.

      4.  “Director” means the Director of the Department.

      5.  “Division” means the State Public Works Division of the Department.

      [1:320:1949; 1943 NCL § 6976.21]—(NRS A 1963, 1050; 1973, 1462; 1993, 916, 1557; 1995, 346, 579, 2307; 1997, 1312; 2005, 1401; 2011, 2955)

      NRS 331.020  Administration.  The Division shall administer the provisions of NRS 331.010 to 331.145, inclusive, subject to administrative supervision by the Director.

      [2:320:1949; 1943 NCL § 6976.22]—(NRS A 1963, 1050; 1997, 1312; 2011, 2955)

      NRS 331.060  Employees of Buildings and Grounds Section.

      1.  The Administrator shall, within the limits of legislative appropriations, employ such clerks, engineers, electricians, painters, mechanics, janitors, gardeners and other persons as may be necessary to carry out the provisions of NRS 331.010 to 331.145, inclusive.

      2.  The employees shall perform duties as assigned by the Administrator.

      3.  The Administrator is responsible for the fitness and good conduct of all employees.

      [12:320:1949; 1943 NCL § 6976.32]—(NRS A 1959, 160; 1967, 1493; 1971, 1430; 1973, 1462; 1985, 273, 365; 1993, 1558, 2530; 1995, 703, 2307; 1997, 1313; 2011, 2955)

      NRS 331.070  Jurisdiction of Administrator; requisition for repairs.

      1.  The Administrator shall have supervision over and control of all state buildings, grounds and properties not otherwise provided for by law except for any buildings, grounds or other properties owned or leased by boards that are exempt from the provisions of chapter 353 of NRS pursuant to NRS 353.005.

      2.  The Administrator shall direct the making of all repairs and improvements on the buildings, grounds and properties over which the Administrator has supervision and control pursuant to subsection 1.

      3.  All officers, departments, boards, commissions and agencies shall make requisition upon the Administrator for any repairs or improvements necessary in buildings or parts thereof over which the Administrator has supervision and control that are owned by or leased to the State and occupied by such officers, departments, boards, commissions or agencies.

      [5:320:1949; A 1953, 198]—(NRS A 1967, 962; 1993, 1558; 2005, 5)

      NRS 331.080  Authorized expenditures for maintenance and repairs.

      1.  The Administrator may expend appropriated money to meet expenses for the care, maintenance and preservation of the buildings, grounds and their appurtenances identified in NRS 331.070, and for the repair of the furniture and fixtures therein.

      2.  The Administrator shall take proper precautions against damage thereto, or to the furniture, fixtures or other public property therein.

      [Part 6:320:1949; A 1953, 198]—(NRS A 1993, 1558)

      NRS 331.085  Administrator authorized to charge for extra services; deposit of receipts.  The Administrator may charge the various state departments, agencies and institutions for the cost of labor and materials for extra services provided to their respective offices by the Buildings and Grounds Section. Extra services for which these charges may be made include, but are not limited to, office remodeling, furniture construction and moving. Money received by the Administrator for this purpose must be deposited in the Buildings and Grounds Operating Fund in the State Treasury.

      (Added to NRS by 1973, 296; A 1993, 1558; 2011, 2956)

      NRS 331.090  Administrator authorized to accept rent from state agencies; deposit of rent in Buildings and Grounds Operating Fund.  The Administrator may accept rent money from various departments and agencies that are occupying space in the various state-owned buildings. The rent money must be deposited in the Buildings and Grounds Operating Fund in the State Treasury.

      [Part 6:320:1949; A 1953, 198]—(NRS A 1957, 299; 1967, 963; 1993, 1559)

      NRS 331.093  Report of capital improvements.

      1.  The Administrator shall, for each fiscal year, compile a report concerning the capital improvements owned, leased pursuant to a lease-purchase agreement or operated by the State.

      2.  The report of the capital improvements required pursuant to subsection 1 must be prepared in such detail as is required by generally accepted accounting principles.

      3.  The Administrator shall submit, in any format including an electronic format, a copy of the report compiled pursuant to subsection 1 on or before February 1 of the year next succeeding the period to which the report pertains to the Director of the Legislative Counsel Bureau for distribution to each regular session of the Legislature.

      (Added to NRS by 2005, 1401)

      NRS 331.097  Program for rental of equipment and property from other using agencies.

      1.  Each using agency shall include with its annual inventory a report listing all of the equipment and property that the agency uses seasonally or intermittently which may be available for use by other agencies.

      2.  The report must be submitted on a form furnished by the Purchasing Division.

      3.  The Administrator of the Purchasing Division shall establish and administer a program pursuant to which a using agency may rent equipment and property from another using agency. The Administrator of the Purchasing Division shall, as part of the program:

      (a) Establish a list of equipment and property based on the reports filed by each using agency;

      (b) Determine which equipment and property is available for rental;

      (c) After consulting with each using agency which has equipment and property available for rental, establish a schedule of fees for the rental of such equipment and property; and

      (d) Distribute to each using agency:

             (1) A list of all equipment and property available for rental and the fees therefor; and

             (2) The procedure each using agency must follow in the rental of the equipment and property.

      4.  As used in this section, “using agency” has the meaning ascribed to it in NRS 333.020.

      (Added to NRS by 1995, 1040)

      NRS 331.100  Specific powers and duties of Administrator.  The Administrator has the following specific powers and duties:

      1.  To keep all buildings, rooms, basements, floors, windows, furniture and appurtenances clean, orderly and presentable as befitting public property.

      2.  To keep all yards and grounds clean and presentable, with proper attention to landscaping and horticulture.

      3.  Under the supervision of the State Fire Marshal, to make arrangements for the installation and maintenance of water sprinkler systems, fire extinguishers, fire hoses and fire hydrants, and to take other fire prevention and suppression measures, necessary and feasible, that may reduce the fire hazards in all buildings under his or her control.

      4.  To make arrangements and provision for the maintenance of the State’s water system supplying the state-owned buildings at Carson City, with particular emphasis upon the care and maintenance of water reservoirs, in order that a proper and adequate supply of water be available to meet any emergency.

      5.  To make arrangements for the installation and maintenance of water meters designed to measure accurately the quantity of water obtained from sources not owned by the State.

      6.  To make arrangements for the installation and maintenance of a lawn sprinkling system on the grounds adjoining the Capitol Building at Carson City, or on any other state-owned grounds where such installation is practical or necessary.

      7.  To investigate the feasibility, and economies resultant therefrom, if any, of the installation of a central power meter, to measure electrical energy used by the state buildings in the vicinity of and including the Capitol Building at Carson City, assuming the buildings were served with power as one unit.

      8.  To purchase, use and maintain such supplies and equipment as are necessary for the care, maintenance and preservation of the buildings and grounds under his or her supervision and control.

      9.  Subject to the provisions of chapter 426 of NRS regarding the operation of vending stands in or on public buildings and properties by persons who are blind, to install or remove vending machines and vending stands in the buildings under his or her supervision and control, and to have control of and be responsible for their operation.

      10.  To cooperate with the Nevada Arts Council of the Department of Tourism and Cultural Affairs to plan the potential purchase and placement of works of art inside or on the grounds surrounding a state building.

      [7:320:1949; 1943 NCL § 6976.27]—(NRS A 1959, 171; 1967, 1096; 1993, 1559; 1995, 419; 1997, 3156; 2003, 638; 2011, 2956)

      NRS 331.101  Buildings and Grounds Operating Fund: Creation; payment of operating costs.

      1.  The Buildings and Grounds Operating Fund is hereby created as an internal service fund.

      2.  All costs of administering the provisions of NRS 331.010 to 331.145, inclusive, must be paid out of the Buildings and Grounds Operating Fund as other claims against the State are paid.

      (Added to NRS by 1967, 963; A 1979, 104; 1981, 255; 1997, 1313)

      NRS 331.102  Buildings and Grounds Operating Fund: Payment by state agencies of cost of renting space in building.

      1.  The Administrator shall:

      (a) Maintain accurate records reflecting the costs of administering the provisions of NRS 331.010 to 331.145, inclusive.

      (b) Between July 1 and August 1 of each even-numbered year, determine, on the basis of experience during the 2 preceding fiscal years, the estimated cost per square foot of rentable area of carrying out the functions of the Buildings and Grounds Section for the 2 succeeding fiscal years, and inform each department, agency and institution operating under the provisions of NRS 331.010 to 331.145, inclusive, of the cost.

      2.  Each department, agency and institution occupying space in state-owned buildings maintained by the Buildings and Grounds Section shall include in its budget for each of the 2 succeeding fiscal years an amount of money equal to the cost per budgeted square foot of rentable area, as determined by the Administrator, multiplied by the number of rentable square feet occupied by each department, agency or institution.

      3.  Except as otherwise provided in subsection 4, on July 1 of each year each department, agency or institution shall pay to the Administrator for deposit in the Buildings and Grounds Operating Fund the amount of money appropriated to or authorized for the department, agency or institution for building space rental costs pursuant to its budget.

      4.  Any state department, agency or institution may pay building space rental costs required pursuant to subsection 3 on a date or dates other than July 1, if compliance with federal law or regulation so requires.

      (Added to NRS by 1967, 963; A 1969, 821; 1993, 1559; 1997, 1313; 2011, 2957)

      NRS 331.110  Lease of offices outside state buildings; inventory of state property; confidentiality; program to track use of energy.

      1.  Except as otherwise provided by law, the Administrator may lease and equip office rooms outside of state buildings for the use of state officers, departments, agencies, boards and commissions whenever sufficient space cannot be provided within state buildings. The Administrator shall negotiate, approve and oversee any agreement to lease office rooms pursuant to this section, but no such lease may extend beyond the term of 1 year unless it is reviewed and approved by a majority of the members of the State Board of Examiners. The Attorney General shall approve each lease entered into pursuant to this subsection as to form and compliance with law.

      2.  Notwithstanding any other provision of law, before the Administrator enters into any lease for office rooms for any state officer, department, agency, board or commission, the Administrator shall consider, without limitation:

      (a) The reasonableness of the terms of the agreement, including, without limitation, the cost; and

      (b) The availability of space for use by the state officer, department, agency, board or commission in buildings that are owned by or leased to the State.

      3.  Each state officer, department, agency, board and commission shall maintain and, on or after April 1 but not later than June 30 of each year, provide to the Administrator an inventory of all real property leased to the State that is occupied by or otherwise used by the state officer, department, agency, board and commission. The Division of State Lands, Department of Transportation and State Public Works Division of the Department of Administration shall maintain and, on or after April 1 but not later than June 30 of each year, provide to the Administrator an inventory of all real property owned by the State. Each inventory must identify:

      (a) Real property that is being actively used by a state officer, department, agency, board or commission.

      (b) Real property that is not being actively used by a state officer, department, agency, board or commission.

      (c) Real property that is not being used by a state officer, department, agency, board or commission but which is reasonably anticipated to be actively used by a state officer, department, agency, board or commission in the future.

      (d) Real property that is being actively used as a park or wildlife area.

      4.  Except as otherwise provided in subsection 6, the Administrator shall post on an Internet website maintained by the State a list of all real property owned or leased by the State. Each such listing shall include, without limitation, a brief description of:

      (a) The location, size and current use of the real property, including, without limitation, whether the real property is actively used; and

      (b) The terms of the lease, including, without limitation, the cost to the State.

      5.  Before submitting the inventory to the Administrator pursuant to subsection 3, a state officer, department, agency, board, commission, the Division of State Lands, Department of Transportation or State Public Works Division of the Department of Administration that uses the property may request the Chief of the Budget Division of the Department of Administration to deem information regarding the property confidential for the purpose of maintaining public safety.

      6.  If the Chief of the Budget Division deems information regarding property to be confidential pursuant to subsection 5, the information concerning the property must be kept confidential and is not a public book or record within the meaning of NRS 239.010. The Chief of the Budget Division must inform the Administrator that the information is confidential and that the information must not be posted on an Internet website maintained by the State pursuant to subsection 4.

      7.  An owner of a building who enters into a contract with a state agency for occupancy in the building:

      (a) If the contract is entered into before May 28, 2009, may comply with the program; and

      (b) If the contract is entered into on or after May 28, 2009, shall, to the extent practicable as determined by the Administrator, comply with the program.

Ê If an owner chooses not to comply with the program pursuant to paragraph (a), a state or local agency shall not, after May 28, 2009, enter into a contract for occupancy of a building owned by the owner, except that the Administrator may authorize a state or local agency to enter into a contract for the occupancy of a building owned by an owner who does not comply with the program if the Administrator determines that it is impracticable for the owner to comply with the program.

      8.  As used in this section, “program” means the program established pursuant to NRS 701.218.

      [8:320:1949; 1943 NCL § 6976.28]—(NRS A 1971, 172; 1993, 1561; 2001, 809; 2005, 5; 2011, 2552, 2957; 2013, 2691)

      NRS 331.120  Assignment of space by Administrator.

      1.  Except as otherwise provided in NRS 331.130 and 331.135, the Administrator shall assign the rooms in the Capitol Building, and rooms elsewhere used by the State, and shall determine the occupancy thereof in such manner as the public service may require.

      2.  The executive and administrative officers, departments, boards, commissions and agencies of the State must be provided with suitable quarters which must, so far as is expedient, be in Carson City. As used in this subsection, “boards” does not include boards that are exempt from the provisions of chapter 353 of NRS pursuant to NRS 353.005.

      3.  The Administrator shall provide suitable office space for the use of the Governor-Elect and expend money for incidental expenses connected therewith. The provisions of this subsection do not apply if the incumbent Governor is elected to succeed himself or herself.

      4.  The Administrator may provide suitable space in the Capitol Building for the permanent use of accredited members of the press and for the installation of communication equipment.

      [9:320:1949; 1943 NCL § 6976.29]—(NRS A 1959, 278; 1967, 197; 1969, 111; 1971, 828; 1973, 59; 1993, 1561; 2005, 5)

      NRS 331.130  Capitol Building: Maintenance and management; Government Museum under management of Museum Director of Nevada State Museum.

      1.  At all times the maintenance of the Capitol Building is under the supervision of the Administrator, and it must be kept clean, orderly and presentable as befitting public property.

      2.  The former Assembly, Senate and Supreme Court chambers on the second floor of the Capitol Building are under the management of the Museum Director of the Nevada State Museum for the purpose of establishing and maintaining a Government Museum. The remainder of the second floor of the Capitol Building is under the management of the Administrator.

      [10:320:1949; 1943 NCL § 6976.30]—(NRS A 1957, 299; 1967, 198; 1971, 829; 1993, 1561; 2001, 938)

      NRS 331.133  Capitol Building: Government Museum; duties of Museum Director of Nevada State Museum.  The Museum Director of the Nevada State Museum shall:

      1.  Prepare and present exhibits in the Government Museum.

      2.  Conduct, in an appropriate manner, tours of the Government Museum.

      3.  In cooperation with other state agencies and departments, provide for the security of the Government Museum.

      (Added to NRS by 1971, 829; A 2001, 939)

      NRS 331.135  Legislative Building and grounds: Control by Legislature; assignment of space; maintenance.

      1.  The Legislature reserves the supervision and control, both during and between legislative sessions, of:

      (a) The entire Legislative Building, including its chambers, offices and other rooms, and its furnishings and equipment.

      (b) A portion of the parcel of land bounded on the west by Carson Street, on the south by Fifth Street, on the east by Fall Street, and on the north by the sidewalk along the south fence of the capitol grounds, situated in a portion of the Capitol Complex, as shown on the Record of Survey Map No. 297, Official Records of Carson City, Nevada, File No. 3043, section 17, T. 15 N., R. 20 E., M.D.M., more particularly described as follows:

 

       Beginning at the southwest corner of block 36, Sears, Thompson and Sears Division, as shown on that record of survey;

       Thence N 89°52¢32² E, a distance of 443.93 feet;

       Thence N 00°12¢15² E, a distance of 302.14 feet;

       Thence N 44°47¢45² W, a distance of 189.88 feet to the north side of an existing sidewalk;

       Thence N 89°39¢33² W, along that sidewalk, a distance of 97.13 feet to the east side of an existing sidewalk;

       Thence N 00°14¢26² E, along that sidewalk, a distance of 270.00 feet, more or less, to the north line of a sidewalk;

       Thence N 89°47¢45² W, along that sidewalk, a distance of 212.50 feet, to the east right-of-way line of Carson Street;

       Thence S 00°13¢08² W, along that line, a distance of 709.40 feet, more or less, to the true point of beginning.

       Containing 5.572 acres, more or less.

 

      (c) The entire parcel of land bounded on the north by Fifth Street, on the south by Sixth Street, on the east by Stewart Street and on the west by Plaza Street, also described as blocks 2 and 3, Pierson and Goodridge Addition; and that portion of Fall Street between Fifth Street and Sixth Street abandoned by Carson City on April 26, 1990, Meeting Agenda Item 9 M-89/90-10. Also the entire parcel of land bounded on the north by the south boundary line of block 2, Pierson and Goodridge Addition, on the south by Seventh Street, on the east by Stewart Street and on the west by Fall Street, and further described as block 7, Pierson and Goodridge Addition.

      (d) The entire parcel of land bounded on the north by Sixth Street, on the south by Seventh Street, on the east by Fall Street, and on the west by Plaza Street, also described as block 6, Pierson and Goodridge Addition.

      (e) The entire parcel of land bounded on the north by Fourth Street, on the west by Stewart Street, on the south by Fifth Street, and on the east by the abandoned right-of-way of Valley Street, also described as block 39 of Sears, Thompson and Sears Division of Carson City; and the west 30.00 feet of the abandoned right-of-way of Valley Street abutting block 39 of Sears, Thompson and Sears Division. Excepting therefrom that portion of Stewart and Fifth Streets deeded to the State of Nevada through its Department of Transportation as recorded in book 283, page 208, of Deeds, Carson City, Nevada.

      (f) The entire parcel of land bounded on the north by Third Street, on the west by Stewart Street, on the south by Fourth Street, and on the east by Valley Street, also described as block 22 of Sears, Thompson and Sears Division of Carson City; and the land occupied by the state printing warehouse in block 21 of Sears, Thompson and Sears Division of Carson City; and the abandoned right-of-way of Fourth Street between block 22 of Sears, Thompson and Sears Division and block 39 of Sears, Thompson and Sears Division of Carson City. Excepting therefrom that portion of Stewart Street deeded to the State of Nevada through its Department of Transportation as recorded in book 283, page 208, of Deeds, Carson City, Nevada.

      (g) Any other property acquired for the use of the Legislature or its staff.

Ê Title to the property described in this subsection must be held in the name of the Legislature of the State of Nevada.

      2.  The Director of the Legislative Counsel Bureau:

      (a) Shall provide an individual office for each Legislator whose position as an officer or as a chair of a committee does not otherwise entitle the Legislator to occupy an assigned office.

      (b) May assign the use of space in the Legislative Building or other legislative facilities or on the legislative grounds in such a manner as the Legislative Commission prescribes.

      3.  The Director of the Legislative Counsel Bureau shall cause the Legislative Building, chambers and grounds and other legislative facilities to be kept in good repair, clean, orderly and presentable as befits public property and the dignity of the Legislature. For this purpose he or she may, in addition to the general power of the Director to employ or contract for the services of personnel, contract with any private enterprise or governmental agency for the provision of appropriate services.

      (Added to NRS by 1969, 487; A 1973, 60; 1975, 419; 1977, 399; 1981, 354; 1989, 1617, 2006; 1991, 943; 2001, 3206; 2007, 3306)

      NRS 331.137  Payment of costs of construction and renovation of purchasing warehouse building.

      1.  Commencing July 1, 1995, and continuing until the construction costs of $193,310 for the purchasing warehouse building in Reno, Nevada, have been paid, the Buildings and Grounds Section shall pay annually to the State Treasurer for deposit in the State Treasury to the credit of the State General Fund 2 percent of the building’s original acquisition cost.

      2.  Commencing July 1, 1995, and continuing until the construction costs of $734,000 for the addition to the purchasing warehouse building in Reno, Nevada, have been paid, the Buildings and Grounds Section shall pay annually to the State Treasurer for deposit in the State Treasury to the credit of the State General Fund 2 percent of the construction costs of that addition.

      3.  Commencing July 1, 1995, and continuing until the renovation costs of $104,234 for the purchasing warehouse building in Reno, Nevada, have been paid, the Buildings and Grounds Section shall pay annually to the State Treasurer for deposit in the State Treasury to the credit of the State General Fund 5 percent of the building’s renovation costs, including the costs of debt service that are incurred.

      (Added to NRS by 1995, 346)

      NRS 331.140  Protection of state property and persons on property; assistance from personnel appointed to Capitol Police Division of Department of Public Safety; assignment of personnel of Capitol Police Division to protect justices of Supreme Court. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  The Administrator shall take proper care to prevent any unlawful activity on or damage to any state property under the supervision and control of the Administrator, and to protect the safety of any persons on that property.

      2.  The Director of the Department of Public Safety shall appoint to the Capitol Police Division of that Department such personnel as may be necessary to assist the Administrator and the Buildings and Grounds Section in the enforcement of subsection 1. The salaries and expenses of the personnel appointed pursuant to this subsection must, within the limits of legislative authorization, be paid out of the Buildings and Grounds Operating Fund.

      3.  Personnel of the Capitol Police Division who are assigned to protect the safety of the justices of the Supreme Court have the authority to provide any necessary security services, at the request of the Court Administrator, to the justices of the Supreme Court while the justices are performing work duties at any location in this State. No money may be expended from the Buildings and Grounds Operating Fund for such security services unless the money has been specifically appropriated for such a purpose.

      [13:320:1949; 1943 NCL § 6976.33]—(NRS A 1993, 1561, 2530; 1995, 703, 2307; 2001, 2598; 2011, 80, 2958)

      NRS 331.140  Protection of state property and persons on property; assistance from personnel appointed to Capitol Police Division of Department of Public Safety; assignment of personnel of Capitol Police Division to protect justices of Supreme Court and judges of Court of Appeals. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  The Administrator shall take proper care to prevent any unlawful activity on or damage to any state property under the supervision and control of the Administrator, and to protect the safety of any persons on that property.

      2.  The Director of the Department of Public Safety shall appoint to the Capitol Police Division of that Department such personnel as may be necessary to assist the Administrator and the Buildings and Grounds Section in the enforcement of subsection 1. The salaries and expenses of the personnel appointed pursuant to this subsection must, within the limits of legislative authorization, be paid out of the Buildings and Grounds Operating Fund.

      3.  Personnel of the Capitol Police Division who are assigned to protect the safety of the justices of the Supreme Court and the judges of the Court of Appeals have the authority to provide any necessary security services, at the request of the Court Administrator, to the justices of the Supreme Court and the judges of the Court of Appeals while the justices or judges are performing work duties at any location in this State. No money may be expended from the Buildings and Grounds Operating Fund for such security services unless the money has been specifically appropriated for such a purpose.

      [13:320:1949; 1943 NCL § 6976.33]—(NRS A 1993, 1561, 2530; 1995, 703, 2307; 2001, 2598; 2011, 80, 2958; 2013, 1780, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

      NRS 331.145  Duty to remove or cover graffiti placed on state property; action to recover civil penalty and damages.

      1.  The Administrator shall remove or cover all evidence that graffiti has been placed on the real or personal property which is owned or otherwise controlled by the State within 15 days after he or she discovers the graffiti or as soon as practicable.

      2.  The Administrator may bring an action against a person responsible for placing graffiti on the property to recover a civil penalty and damages for the cost of removing or covering the graffiti placed on such property.

      3.  As used in this section, “graffiti” means any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn or painted on the public or private property, real or personal, of another, which defaces such property.

      (Added to NRS by 1995, 740; A 1997, 512)

GOVERNOR’S MANSION

      NRS 331.155  Inventories of property; missing or damaged property; losses.

      1.  It is the intent of the Legislature in enacting this section that permanence of the gifts and property purchased from donations given by the people of the State of Nevada for the Governor’s mansion be assured.

      2.  After April 21, 1969, a detailed inventory must be taken of state property of the Governor’s mansion by the Administrator of the Purchasing Division of the Department of Administration. Any new acquisitions thereafter must be added to the inventory. During December of 1970 and during December of every fourth year thereafter, and immediately upon the succession of a Lieutenant Governor to occupancy of the mansion whenever this occurs, the Administrator of the Purchasing Division of the Department of Administration shall conduct an inventory of all property belonging to the Governor’s mansion.

      3.  The replacement of missing or damaged property belonging to the Governor’s mansion is the responsibility of the Governor or Acting Governor occupying the mansion since the preceding inventory, except:

      (a) Where damage is caused by normal wear and tear.

      (b) Where there is a loss due to theft, flood, fire or some other cause beyond the control of the Governor or the immediate family of the Governor if such loss is reported to the Administrator of the Purchasing Division of the Department of Administration immediately after such loss is discovered.

      (Added to NRS by 1969, 869; A 1973, 1465; 1993, 1562)

MARLETTE LAKE WATER SYSTEM

      NRS 331.160  Creation; purposes; supervision and administration; employees; request for issuance of bonds to finance improvement and modernization; legislative declaration.

      1.  The Marlette Lake Water System, composed of the water rights, easements, pipelines, flumes and other fixtures and appurtenances used in connection with the collection, transmission and storage of water in Carson City and Washoe and Storey Counties, Nevada, acquired by the State of Nevada pursuant to law, is hereby created.

      2.  The purposes of the Marlette Lake Water System are:

      (a) To provide adequate supplies of water to the areas served.

      (b) To maintain distribution lines, flumes, dams, culverts, bridges and all other appurtenances of the system in a condition calculated to assure dependable supplies of water.

      (c) To sell water under equitable and fiscally sound contractual arrangements. Any such contractual arrangements must not include the value of the land comprising the watershed as an element in determining the cost of water sold.

      3.  The Department of Administration is designated as the state agency to supervise and administer the functions of the Marlette Lake Water System.

      4.  The Director of the Department of Administration may assign the supervision and administration of the functions of the Marlette Lake Water System to one of the divisions of the Department, a city or a county, or may establish a separate division to carry out the purposes of this section and NRS 331.170 and 331.180. Subject to the limit of money provided by legislative appropriation or revenues whose expenditure is authorized by law, the administrator of that division, or the city or county, as applicable, shall employ necessary staff to carry out the provisions of this section and NRS 331.170 and 331.180.

      5.  The Director of the Department of Administration shall:

      (a) Establish the value of water to be distributed from the Marlette Lake Water System.

      (b) Include in the water rate structure provisions for recovery, over a reasonable period, of the major capital costs of improving and modernizing the System.

      (c) Assure that the rate structure is equitable for all present and potential customers.

      6.  The Director of the Department of Administration may request the State Board of Finance to issue general obligation bonds of the State or revenue bonds in an aggregate principal amount not to exceed $25,000,000 to finance the capital costs of improving and modernizing the Marlette Lake Water System. Before any revenue bonds are issued pursuant to this subsection, the State Board of Finance must determine that sufficient revenue will be available in the Marlette Lake Water System Fund to pay the interest and installments of principal as they become due. The provisions of NRS 349.150 to 349.364, inclusive, apply to the issuance of state securities pursuant to this subsection.

      7.  The Legislature finds and declares that the issuance of state securities and the incurrence of indebtedness pursuant to subsection 6 is necessary for the protection and preservation of the natural resources of this State and for the purpose of obtaining the benefits thereof, and constitutes an exercise of the authority conferred by the second paragraph of Section 3 of Article 9 of the Constitution of the State of Nevada.

      (Added to NRS by 1963, 1312; A 1967, 1494; 1969, 331, 871; 1971, 1430; 1973, 1379, 1463; 1979, 12; 1993, 1562; 2005, 107; 2011, 2958)

      NRS 331.170  State Department of Conservation and Natural Resources: Control and administration of land; cooperation with Department of Administration and Board of Wildlife Commissioners.

      1.  The State Department of Conservation and Natural Resources shall control and administer the land acquired by the State of Nevada with the purchase of the Marlette Lake Water System, to assure its optimum use for recreation, water development, forestry and fishery.

      2.  The State Department of Conservation and Natural Resources shall cooperate with the Department of Administration:

      (a) To preserve and protect the sources of water; and

      (b) To preserve and improve the watershed.

      3.  The State Department of Conservation and Natural Resources shall cooperate with the Board of Wildlife Commissioners in the use of Marlette Lake and its tributaries for fishery and propagation.

      (Added to NRS by 1963, 1313; A 1969, 872; 1973, 1380, 1465; 1979, 907; 1993, 1564)

      NRS 331.180  Marlette Lake Water System Fund: Creation; use.

      1.  The Marlette Lake Water System Fund is hereby created as an enterprise fund. Money in the Fund may not revert to the State General Fund or be transferred to any other fund.

      2.  The Marlette Lake Water System Fund must be used for the:

      (a) Deposit of revenue resulting from the sale of water and any other receipts.

      (b) Payment of costs of operation in accordance with the provisions of chapter 353 of NRS.

      (c) Repayment of bonds issued pursuant to NRS 331.160 for which money in the Fund has been pledged.

      (Added to NRS by 1963, 1313; A 1979, 13; 2005, 108)

RISK MANAGEMENT DIVISION

      NRS 331.182  Administrator of Division: General duties.  The Administrator of the Risk Management Division shall:

      1.  Act as State Risk Manager.

      2.  Administer the provisions of law relating to the Risk Management Division, subject to the administrative supervision of the Director of the Department of Administration.

      (Added to NRS by 1979, 627)

      NRS 331.183  State Risk Manager: Conflicts of interest prohibited.  The State Risk Manager shall not:

      1.  Engage in any other occupation, business or activity that is in any way inconsistent with the performance of his or her duties as Risk Manager, nor shall the Risk Manager hold any public office.

      2.  Directly or indirectly solicit or receive any assessment, subscription, contribution or service, whether voluntary or involuntary, for any political purpose, from any person within or without the State.

      3.  Act as an officer or manager for any candidate, political party or committee organized to promote the candidacy of any person for public office.

      (Added to NRS by 1979, 627)

      NRS 331.184  State Risk Manager: Duties.  The State Risk Manager shall:

      1.  Direct and supervise all administrative and technical activities of the Risk Management Division.

      2.  Determine the nature and extent of requirements for insurance, other than group life, accident or health insurance, on risks of an insurable nature of the State and any of its agencies, the premiums for which are payable in whole or in part from public money.

      3.  Negotiate for, procure, purchase and have placed, through a licensed insurance agent or broker residing or domiciled in Nevada, or continued in effect all insurance coverages, other than employee group life, accident or health insurance, which may be reasonably obtainable, whether from insurers authorized to transact business in this state or under the surplus lines provisions of chapter 685A of NRS.

      4.  Conduct periodic inspections of premises, property and risks to determine insurability, risk and premium rate, and submit a written report of each inspection and appraisal, together with any recommendations that appear appropriate, to the administrator of the agency most responsible for the premises, property or risk, and to the Director of the Department of Administration.

      5.  Provide for self-insurance if the potential loss is relatively insignificant or if the risk is highly predictable and the probability of loss is so slight that the cost of insuring the risk is not a prudent expenditure of public funds, or if insurance is unavailable or unavailable at a reasonable cost.

      6.  Select reasonable deductibles when it appears economically advantageous to the State to do so.

      7.  Select comprehensive and blanket coverages insuring the property of two or more state agencies when that appears economically advisable.

      8.  Investigate and determine the reliability and financial condition of insurers, and the services they provide.

      9.  Minimize risks by adopting and promoting programs to control losses and encourage safety.

      10.  Perform any of the services described in subsections 2, 3 and 4 for any political subdivision of the State at the request of its managing officer or governing body.

      11.  Perform any other function of risk management as directed by the Director of the Department of Administration.

      (Added to NRS by 1979, 627; A 1991, 664; 1999, 3041)

      NRS 331.1845  State Risk Manager: Employment of staff.  The State Risk Manager may employ such staff as is necessary for the performance of his or her duties, within limits of legislative appropriations or other available money.

      (Added to NRS by 1999, 3041)

      NRS 331.186  Factors for determining need for, form and amount of insurance coverages.  In determining the need for, form and amount of insurance coverages, the State Risk Manager shall consider:

      1.  Omission of insurance coverage on property and risks for which insurance and claim adjustment costs would be disproportionately high in relation to the amount of risk.

      2.  Economies possible through the use of reasonable deductibles.

      3.  Use of comprehensive coverages and blanket coverages insuring property of two or more state agencies.

      4.  Reliability and financial condition of insurers, and the services which they provide.

      5.  Means whereby risks may be improved through reduction in insurance losses and costs.

      (Added to NRS by 1979, 628)

      NRS 331.187  Fund for Insurance Premiums: Creation; deposits; expenditures.

      1.  There is created in the State Treasury the Fund for Insurance Premiums as an internal service fund to be maintained for use by the Risk Management Division of the Department of Administration and the Attorney General.

      2.  Each state agency shall deposit in the Fund:

      (a) An amount equal to its insurance premium and other charges for potential liability, self-insured claims, other than self-insured tort claims, and administrative expenses, as determined by the Risk Management Division; and

      (b) An amount for self-insured tort claims and expenses related to those claims, as determined by the Attorney General.

      3.  Each county shall deposit in the Fund an assessment for the employees of the district court of that county, excluding district judges, unless the county enters into a written agreement with the Attorney General to:

      (a) Hold the State of Nevada harmless and assume liability and costs of defense for the employees of the district court;

      (b) Reimburse the State of Nevada for any liability and costs of defense that the State of Nevada incurs for the employees of the district court; or

      (c) Include the employees of the district court under the county’s own insurance or other coverage.

      4.  Expenditures from the Fund must be made by the Risk Management Division or the Attorney General to an insurer for premiums of state agencies as they become due or for deductibles, self-insured property and tort claims or claims pursuant to NRS 41.0349. If the money in the Fund is insufficient to pay a tort claim, it must be paid from the Reserve for Statutory Contingency Account.

      5.  As used in this section:

      (a) “Assessment” means an amount determined by the Risk Management Division and the Attorney General to be equal to the share of a county for:

             (1) Applicable insurance premiums;

             (2) Other charges for potential liability and tort claims; and

             (3) Expenses related to tort claims.

      (b) “State agency” includes, without limitation, a part-time or full-time board, commission or similar body of the State which is created by law.

      (Added to NRS by 1979, 628; A 1985, 544; 1987, 207; 1991, 1766; 1997, 281, 915, 916; 2001, 2339; 2013, 821)

      NRS 331.188  Fund for Insurance Premiums: Deposit of money received from insurance companies in payment of losses incurred on state buildings or property; exception.

      1.  Except as otherwise provided in subsection 2, all money received from insurance companies in payment of losses incurred upon buildings and other property belonging to the State must be deposited in the Fund for Insurance Premiums.

      2.  Money received from insurance companies under first-party coverage in payment of losses incurred upon buildings and other property controlled and administered by the Department of Transportation must be deposited in the State Highway Fund.

      (Added to NRS by 1979, 628; A 1985, 545; 1989, 312; 1997, 916)

PROHIBITED ACTS AND PENALTIES

      NRS 331.190  Sale, gift or disposal of liquor in capitol unlawful.  Any person who sells, barters, gives, or in any way disposes of any spirituous or malt liquors, wines or cider, of any description whatever, within the Capitol Building of this state, shall be guilty of a misdemeanor.

      [1911 C&P § 240; RL § 6505; NCL § 10187]—(NRS A 1967, 552)

      NRS 331.200  Damage to or destruction of capitol grounds or other state property unlawful.

      1.  It shall be unlawful for any person to commit any of the following acts upon the grounds of the State Capitol or of any other state building or property:

      (a) Willfully deface, break down or destroy any fence upon or surrounding such grounds;

      (b) Except as otherwise provided in NRS 481.0513, erect any bulletin board or other advertising device in or upon such grounds;

      (c) Deposit any garbage, debris or other obstruction in or upon such grounds;

      (d) Injure, break down or destroy any tree, shrub or other thing upon such grounds; or

      (e) Injure the grass upon such grounds by walking upon it.

      2.  Any person violating any of the provisions of this section shall be guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the property damaged or destroyed, and in no event less than a misdemeanor.

      [1911 C&P § 509, RL § 6774; NCL § 10456]—(NRS A 1967, 552; 1973, 60; 2011, 2683)

      NRS 331.210  Capitol decorations, minerals and curios not to be removed; exception.

      1.  Except as provided in subsection 2, all state boards and state officers having jurisdiction and control over any state property are specially forbidden to allow the State Capitol decorations and bunting, the state mineral cabinets, mineral specimens, curios and all state property of such character, from being borrowed or taken out by any person or society, or removed from the premises of the state buildings at Carson City, Nevada.

      2.  In case of national, international and foreign expositions of the world’s arts and productions, and upon a satisfactory bond being furnished, the mineral specimens and curios may be borrowed.

      3.  The state boards and state officers are specially instructed to use all means to preserve and keep intact all of the property named in subsection 1.

      [1:54:1899; C § 2080; RL § 4422; NCL § 6896] + [2:54:1899; C § 2081; RL § 4423; NCL § 6897]

      NRS 331.220  Surreptitious electronic surveillance prohibited; exceptions.

      1.  Except as otherwise provided in subsection 2, it is unlawful for a person to engage in any kind of surreptitious electronic surveillance on the grounds of any facility owned or leased by the State of Nevada without the knowledge of the person being observed.

      2.  Subsection 1 does not apply to any electronic surveillance:

      (a) Authorized by a court order issued to a public officer, based upon a showing of probable cause to believe that criminal activity is occurring on the property under surveillance;

      (b) By a law enforcement agency pursuant to a criminal investigation; or

      (c) Which is necessary as part of a system of security used to protect and ensure the safety of persons on the grounds of the facility.

      (Added to NRS by 1993, 2139)