[Rev. 11/21/2013 10:16:31 AM--2013]

CHAPTER 233A - INDIAN AFFAIRS

NEVADA INDIAN COMMISSION

General Provisions

NRS 233A.010        Definitions.

NRS 233A.020        Creation; members.

NRS 233A.030        Commissioners: Appointment; qualifications.

NRS 233A.040        Authorized expenses.

NRS 233A.050        Chair; meetings; quorum.

NRS 233A.055        Executive Director: Appointment; qualifications; classification; restrictions on other employment.

NRS 233A.065        Executive Director: Duties.

NRS 233A.070        Executive Director: Appointment of staff.

NRS 233A.080        Salary and expenses of commissioners; payment of claims.

NRS 233A.090        Purpose; reports and recommendations.

NRS 233A.095        Nevada Tribes Legislative Day: Duties of Commission.

NRS 233A.100        Powers.

 

Advisory Committee Concerning Children’s Health Insurance Program

NRS 233A.101        Definitions.

NRS 233A.102        “Advisory Committee” defined.

NRS 233A.103        “Children’s Health Insurance Program” defined.

NRS 233A.104        Creation; composition; terms of members; vacancies; meetings; Chair.

NRS 233A.106        Compensation of members.

NRS 233A.107        Duties; Commission to consider advice and recommendations and provide staff.

RIGHTS OF INDIANS

NRS 233A.110        Indians subject to jurisdiction of State entitled to all services of State.

NRS 233A.120        Rights of self-government preserved.

NRS 233A.130        Jurisdiction of administrative agencies not extended.

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NEVADA INDIAN COMMISSION

General Provisions

      NRS 233A.010  Definitions.  As used in this chapter:

      1.  “Chair” means the Chair of the Nevada Indian Commission.

      2.  “Commission” means the Nevada Indian Commission.

      3.  “Commissioner” means a commissioner of the Nevada Indian Commission.

      (Added to NRS by 1965, 687; A 1973, 293)

      NRS 233A.020  Creation; members.  The Nevada Indian Commission, consisting of five members appointed by the Governor, is hereby created.

      (Added to NRS by 1965, 687; A 1973, 293; 1977, 1182)

      NRS 233A.030  Commissioners: Appointment; qualifications.  The Governor shall appoint:

      1.  Three members who are Indians.

      2.  Two members who are representatives of the general public.

      (Added to NRS by 1965, 687; A 1969, 1137; 1973, 294; 1977, 1182; 1989, 1399)

      NRS 233A.040  Authorized expenses.  The Commission may incur all necessary expenses within the limits of legislative appropriations to effectuate its purposes.

      (Added to NRS by 1965, 687)

      NRS 233A.050  Chair; meetings; quorum.  The commissioners shall designate a Chair. The commissioners may meet regularly at least four times each year and at such places and times as are specified by a call of the Chair or majority of the Commission. The Commission shall prescribe regulations for its own management. Three members of the Commission constitute a quorum which may exercise all the authority conferred upon the Commission.

      (Added to NRS by 1965, 687; A 1967, 1493; 1969, 1138; 1973, 294; 1983, 183, 1438)

      NRS 233A.055  Executive Director: Appointment; qualifications; classification; restrictions on other employment.

      1.  The Governor, upon recommendation of the Commission, shall appoint an Executive Director of the Commission who has had successful experience in the administration and promotion of a program comparable to that provided by this chapter.

      2.  The Executive Director of the Commission is in the unclassified service of the State.

      3.  Except as otherwise provided in NRS 284.143, the Executive Director of the Commission shall devote his or her entire time to the duties of his or her office and shall not follow any other gainful employment or occupation.

      (Added to NRS by 1969, 1137; A 1971, 1429; 1981, 1277; 1985, 412; 1997, 618)

      NRS 233A.065  Executive Director: Duties.  The Executive Director of the Commission shall:

      1.  Be jointly responsible to the Governor and the Commission.

      2.  Direct and supervise all the technical and administrative activities of the Commission.

      3.  Attend all Commission meetings and act as Secretary, keeping minutes and audio recordings or transcripts of the proceedings.

      4.  Report to the Governor and the Commission all matters concerning the administration of his or her office. The Executive Director shall request the advice of the Commission regarding matters of policy, but is responsible, unless otherwise provided by law, for the conduct of the administrative functions of the commission office.

      5.  Compile, for Commission approval and submission to the Governor, a biennial report regarding the work of the Commission and such other matters as the Executive Director may consider desirable.

      6.  Serve as contracting officer to receive funds from the Federal Government or other sources for such studies as the Commission deems necessary.

      7.  Attend all meetings of any special study committee appointed by the Governor pursuant to this chapter and act as Secretary, keeping minutes and audio recordings or transcripts of the proceedings.

      8.  Perform any lawful act which the Executive Director considers necessary or desirable to carry out the purposes and provisions of this chapter.

      (Added to NRS by 1969, 1137; A 2005, 1407)

      NRS 233A.070  Executive Director: Appointment of staff.  The Executive Director of the Commission may appoint such professional, technical, clerical and operational staff as the execution of his or her duties and the operation of the Commission may require.

      (Added to NRS by 1965, 688; A 1969, 1138; 1985, 412)

      NRS 233A.080  Salary and expenses of commissioners; payment of claims.

      1.  Commissioners who are not in the regular employ of the State are entitled to receive a salary of not more than $80, as fixed by the Commission, for each day spent on the work of the Commission. Commissioners who are in the regular employ of the State shall serve without additional salary.

      2.  While engaged in the business of the Commission, each member and employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      3.  Claims for payment of all expenses incurred by the Commission, including the salaries and expenses of its commissioners, must be made on vouchers and paid as other claims against the State are paid.

      (Added to NRS by 1965, 688; A 1971, 841; 1975, 297; 1981, 1978; 1985, 412; 1989, 1709)

      NRS 233A.090  Purpose; reports and recommendations.  The purpose of the Commission shall be to study matters affecting the social and economic welfare and well-being of American Indians residing in Nevada, including, but not limited to, matters and problems relating to Indian affairs and to federal and state control, responsibility, policy and operations affecting such Indians. The Commission shall recommend necessary or appropriate action, policy and legislation or revision of legislation and administrative agency regulations pertaining to such Indians. The Commission shall make and report from time to time its findings and recommendations to the Legislature, to the Governor and to the public and shall so report at least biennially.

      (Added to NRS by 1965, 688; A 1973, 345)

      NRS 233A.095  Nevada Tribes Legislative Day: Duties of Commission.  In observance of “Nevada Tribes Legislative Day” established pursuant to NRS 236.038, the Nevada Indian Commission shall:

      1.  Invite the Legislature, the Governor and other elected officials to recognize and pay tribute to the history and culture of American Indians and their contributions to the prosperity and cultural diversity of Nevada and the United States.

      2.  Schedule activities and discussions between state and tribal leaders on issues of common interest.

      (Added to NRS by 2013, 219)

      NRS 233A.100  Powers.  The Commission may:

      1.  Appoint advisory committees whenever necessary or appropriate to assist and advise the Commission in the performance of its duties and responsibilities under this chapter.

      2.  Negotiate and contract with such other agencies, public or private, as it deems necessary or appropriate for such services, facilities, studies and reports to the Commission as will best enable it to carry out the purposes for which it is created.

      3.  Cooperate with and secure the cooperation of state, county, city and other agencies, including Indian tribes, bands, colonies and groups and intertribal organizations in connection with its study or investigation of any matter within the scope of this chapter or NRS 383.150 to 383.190, inclusive.

      (Added to NRS by 1965, 688; A 1977, 49; 1979, 616; 1989, 575)

Advisory Committee Concerning Children’s Health Insurance Program

      NRS 233A.101  Definitions.  As used in NRS 233A.101 to 233A.107, inclusive, unless the context otherwise requires, the words and terms defined in NRS 233A.102 and 233A.103 have the meanings ascribed to them in those sections.

      (Added to NRS by 1999, 1429)

      NRS 233A.102  “Advisory Committee” defined.  “Advisory Committee” means the Advisory Committee Concerning the Children’s Health Insurance Program created pursuant to NRS 233A.104.

      (Added to NRS by 1999, 1429)

      NRS 233A.103  “Children’s Health Insurance Program” defined.  “Children’s Health Insurance Program” has the meaning ascribed to it in NRS 422.021.

      (Added to NRS by 1999, 1429)

      NRS 233A.104  Creation; composition; terms of members; vacancies; meetings; Chair.

      1.  There is hereby created in the Commission the Advisory Committee Concerning the Children’s Health Insurance Program. The Advisory Committee consists of:

      (a) One member who is the chair of a tribal council or chief of a Nevada Indian tribe and is appointed by the governing body of a unit of the Indian Health Service that is designated to serve the health care needs of Indians in the eastern portion of this State. The appointed member may designate a representative to serve in the member’s absence.

      (b) One member who is the chair of a tribal council or chief of a Nevada Indian tribe and is appointed by the governing body of a unit of the Indian Health Service that is designated to serve the health care needs of Indians in the western portion of this State. The appointed member may designate a representative to serve in the member’s absence.

      (c) One member who is appointed by the Inter-Tribal Council of Nevada, Inc.

      (d) One member who is appointed by the governing board of an organization that is partially funded by the Indian Health Service and which specifically serves the health care needs of Indians in each county whose population is more than 100,000, but less than 700,000.

      (e) One member who is appointed by the governing board of an organization that is partially funded by the Indian Health Service and which specifically serves the health care needs of Indians in each county whose population is 700,000 or more.

      2.  Each member serves a term of 2 years. A member may be reappointed for additional terms of 2 years in the same manner as the original appointment.

      3.  A vacancy occurring in the membership of the Advisory Committee must be filled in the same manner as the original appointment.

      4.  The Advisory Committee shall meet at least twice annually.

      5.  At its first meeting and annually thereafter, the Advisory Committee shall elect a Chair from among its members.

      (Added to NRS by 1999, 1429; A 2011, 1154)

      NRS 233A.106  Compensation of members.

      1.  Each member of the Advisory Committee serves without compensation.

      2.  Each member of the Advisory Committee who is an employee of the State of Nevada or a local government must be relieved from his or her duties without loss of regular compensation so that he or she may prepare for and attend meetings of the Advisory Committee and perform any work necessary to carry out the duties of the Advisory Committee in the most timely manner practicable. A state agency or local governmental entity shall not require an employee who is a member of the Advisory Committee to make up the time that he or she is absent from work or to take annual vacation or compensatory time for the time that he or she is absent from work to carry out his or her duties as a member of the Advisory Committee.

      (Added to NRS by 1999, 1429)

      NRS 233A.107  Duties; Commission to consider advice and recommendations and provide staff.

      1.  The Advisory Committee shall:

      (a) Provide written reports, analysis and advice to the Commission on matters related to the Children’s Health Insurance Program, including, without limitation, matters related to the enrollment of Indian children in the Program, outreach efforts to raise awareness about the Program among Indians and other matters concerning the Program which affect Indians; and

      (b) Make written recommendations concerning those matters to the Commission.

      2.  The Commission shall:

      (a) Consider the advice and recommendations of the Advisory Committee and make any appropriate written recommendations to the Director of the Department of Health and Human Services as a result of this review; and

      (b) Provide the necessary staff to assist the Advisory Committee in performing its duties, including, without limitation, staff to assist in preparing written reports and analysis pursuant to subsection 1.

      (Added to NRS by 1999, 1430)

RIGHTS OF INDIANS

      NRS 233A.110  Indians subject to jurisdiction of State entitled to all services of State.  Indians subject to the jurisdiction of the State of Nevada pursuant to the provisions of NRS 41.430 and 194.040 are entitled to all services of the State of Nevada, including, without limitation, correctional legal aid, public defender, probational and psychiatric services afforded to any other persons who are defendants in criminal actions or parties to civil actions in the courts of this State.

      (Added to NRS by 1973, 1052)

      NRS 233A.120  Rights of self-government preserved.  The provisions of NRS 41.430 and 194.040 do not preclude Indian tribes who are recognized by the United States as possessing powers of self-government from enacting their own laws, regulations and ordinances, and enforcing them by their own tribal courts in accordance with their rules of procedure, but no person subject to the jurisdiction of such tribal court or governmental organization shall be denied any rights guaranteed by the constitutions of the United States or the State of Nevada.

      (Added to NRS by 1973, 1052)

      NRS 233A.130  Jurisdiction of administrative agencies not extended.  The provisions of NRS 41.430 and 194.040 do not increase the power of administrative agencies of the State of Nevada to exercise their jurisdiction over persons living and residing upon tribal or Indian country with the consent of the Indian tribe having jurisdiction over that country, but the extent to which such jurisdiction of administrative agencies existed prior to July 1, 1974, shall remain the same and in full force and effect.

      (Added to NRS by 1973, 1052)