[Rev. 11/21/2013 10:17:02 AM--2013]

CHAPTER 233C - ORGANIZATIONS FOR THE PROMOTION OF CULTURE

GENERAL PROVISIONS

NRS 233C.010        Definitions.

NRS 233C.011        “Administrator” defined.

NRS 233C.013        “Board” defined.

NRS 233C.015        “Commission” defined.

NRS 233C.017        “Department” defined.

NRS 233C.019        “Division” defined.

NRS 233C.020        Legislative declaration.

NEVADA ARTS COUNCIL

NRS 233C.025        Creation; cooperation with state agencies.

NRS 233C.030        Board: Creation; number of members.

NRS 233C.040        Board members: Appointment; qualifications; term; removal.

NRS 233C.050        Board members: Salary; per diem allowance and travel expenses.

NRS 233C.060        Board meetings: Frequency; quorum; one vote per member.

NRS 233C.070        Board officers; terms.

NRS 233C.090        Board: Duties; regulations.

NRS 233C.091        Administrator: Selection; qualifications; duties and powers; classification.

NRS 233C.092        Periodic examination of and report on physical condition of works of art acquired for inclusion in public works.

ACCOUNT FOR LICENSE PLATES FOR THE SUPPORT OF THE EDUCATION OF CHILDREN IN THE ARTS

NRS 233C.094        Creation; use of money in Account.

NEVADA CULTURAL ACCOUNT

NRS 233C.095        Creation; purpose; investment; acceptance of gifts, grants and donations for deposit in Account; transfer of money from Account to meet obligations of State.

NRS 233C.096        Administration and expenditure of money in Account.

NRS 233C.097        Regulations; report to Legislature.

COMMISSION FOR CULTURAL AFFAIRS

NRS 233C.200        Creation; members; meetings; quorum; compensation and reimbursement; administrative services.

NRS 233C.210        Plan for preservation and promotion of Nevada’s cultural resources.

NRS 233C.220        Program for Awarding Financial Assistance.

NRS 233C.225        Determination of annual amount of financial assistance to be granted by Commission; notice to State Board of Examiners and State Board of Finance; issuance of bonds.

NRS 233C.230        Fund for Preservation and Promotion of Cultural Resources.

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GENERAL PROVISIONS

      NRS 233C.010  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 233C.011 to 233C.019, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1967, 1105; A 1977, 807; 1993, 1495; 1997, 3153; 2003, 631)

      NRS 233C.011  “Administrator” defined.  “Administrator” means the Administrator of the Division.

      (Added to NRS by 2003, 630)

      NRS 233C.013  “Board” defined.  “Board” means the Board of the Division created pursuant to NRS 233C.030.

      (Added to NRS by 2003, 630)

      NRS 233C.015  “Commission” defined.  “Commission” means the Commission for Cultural Affairs created pursuant to NRS 233C.200.

      (Added to NRS by 2003, 630)

      NRS 233C.017  “Department” defined.  “Department” means the Department of Tourism and Cultural Affairs.

      (Added to NRS by 2003, 631; A 2011, 2944)

      NRS 233C.019  “Division” defined.  “Division” means the Nevada Arts Council.

      (Added to NRS by 2003, 631)

      NRS 233C.020  Legislative declaration.  The Legislature hereby determines and declares that:

      1.  The giving of further recognition to the arts as a vital aspect of our culture and heritage is an essential means of expanding the educational programs and promoting the general welfare of the people of the State of Nevada.

      2.  The practice, enjoyment and impact of the arts are of increasing importance to the economic vitality of communities in this state.

      3.  Residents of this state desire increased opportunity to view, enjoy or participate in the performing literary, visual and folk arts.

      4.  To this end, it is the policy of the State of Nevada to join with institutions and professional organizations concerned with the arts to insure that the role of the arts in the life of the communities of the State will continue to grow and play an ever increasing part in the cultural development and educational experience of the residents of the State of Nevada.

      (Added to NRS by 1967, 1105; A 2003, 632)

NEVADA ARTS COUNCIL

      NRS 233C.025  Creation; cooperation with state agencies.

      1.  The Nevada Arts Council is hereby created as a Division of the Department.

      2.  The Division is the sole and official agency of this State to receive and disburse any money made available to this State by the National Endowment for the Arts pursuant to 20 U.S.C. § 954.

      3.  The Division:

      (a) Shall cooperate with the State Public Works Board and the Buildings and Grounds Section of the State Public Works Division of the Department of Administration to plan the potential purchase and placement of works of art inside or on the grounds surrounding a state building.

      (b) May request and must receive from any department, division, board, bureau, commission or agency of this State such assistance and data, as feasible and available, as will enable the Division to properly carry out the purposes of this chapter.

      (Added to NRS by 2003, 631)

      NRS 233C.030  Board: Creation; number of members.  The Board of the Division, consisting of nine members appointed by the Governor, is hereby created.

      (Added to NRS by 1967, 1106; A 1975, 230; 1977, 807; 1993, 1495; 1997, 3153; 2003, 632)

      NRS 233C.040  Board members: Appointment; qualifications; term; removal.

      1.  The Governor shall appoint the members of the Board from among residents of this State who are known for their knowledge of and experience in the performing literary, visual and folk arts.

      2.  After the initial terms, the term of each member is 4 years, except when appointed to fill unexpired terms.

      3.  A member may be removed by the Governor for three unexcused absences from meetings of the Board.

      (Added to NRS by 1967, 1106; A 1971, 74; 1975, 230; 1977, 807; 1981, 63; 2003, 632)

      NRS 233C.050  Board members: Salary; per diem allowance and travel expenses.

      1.  Each member of the Board is entitled to receive a salary of not more than $80, as fixed by the Board, for each day or portion thereof during which the member is in attendance at a regularly called meeting of the Board.

      2.  If provided for in the budget of the Division, each member and employee of the Board, while engaged in the business of the Board, is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      (Added to NRS by 1967, 1106; A 1977, 807; 1981, 1978; 1985, 412; 1989, 1709; 2003, 632)

      NRS 233C.060  Board meetings: Frequency; quorum; one vote per member.

      1.  Except as otherwise provided in this subsection, meetings of the Board may be held twice in each calendar year. If provided for in the budget of the Division, meetings of the Board may be held more frequently than twice in each calendar year at the discretion of the Chair of the Board.

      2.  A majority of the members of the Board constitutes a quorum for the transaction of business.

      3.  Each member of the Board has one vote to further the objectives of the Board.

      (Added to NRS by 1967, 1106; A 1977, 807; 1983, 1438; 2003, 632)

      NRS 233C.070  Board officers; terms.

      1.  The Board shall elect from its membership a Chair, a Vice Chair and a Treasurer to serve as officers of the Board.

      2.  The Administrator shall act as the nonvoting recording Secretary of the Board.

      3.  The term of each officer of the Board, other than the Administrator, is 2 years and any vacancies that occur in those offices must be filled by election by the members of the Board for the remainder of the unexpired term.

      4.  No member of the Board may serve more than two consecutive terms as an officer of the Board.

      (Added to NRS by 1967, 1106; A 1969, 1424; 1975, 230; 1977, 808; 2003, 632)

      NRS 233C.090  Board: Duties; regulations.

      1.  The Board shall:

      (a) Stimulate throughout the State the presentation of the performing literary, visual and folk arts and encourage artistic expression essential for the well-being of the arts, and make, before September 1 of each even-numbered year, a report covering the biennium ending June 30 of that year to the Governor and the Legislature on its progress in this regard.

      (b) Serve as an advocate of the arts and promote such policies and viewpoints as in the opinion of the Board would benefit the arts throughout this State.

      (c) Work with organizations that are concerned with the arts and whose activities are statewide in scope to develop and provide to the Division recommendations for:

             (1) Strategic plans;

             (2) The mission of and goals for the Division; and

             (3) Cultural policies and priorities for the State of Nevada.

      (d) Hold public hearings to receive public comment and to discuss issues relevant to the carrying out of the powers and duties of the Board.

      (e) Assist the Division in the performance of acts necessary to carry out the provisions of NRS 233C.096.

      (f) In connection with the functions of the Division, approve grant applications and grant allocations within the limits of legislative appropriations.

      (g) In all other matters pertaining to the Division, serve in an advisory capacity to the Department and to the Division.

      2.  The Chair of the Board shall serve as, or shall appoint another member of the Board to serve as, a member of the Commission, as required pursuant to paragraph (b) of subsection 1 of NRS 233C.200.

      3.  The Board may adopt such regulations as it deems necessary to carry out its powers and duties.

      (Added to NRS by 1967, 1106; A 1969, 1456; 1995, 418; 2001, 2974; 2003, 633)

      NRS 233C.091  Administrator: Selection; qualifications; duties and powers; classification.

      1.  The Administrator is appointed by the Director with special reference to the Administrator’s training, experience, capacity and interest in the arts. The Director shall consult with the Board before making the appointment.

      2.  The Administrator must have:

      (a) A degree in the arts, a field related to the arts or public administration; and

      (b) Completed course work and accumulated experience in at least one of the arts with at least 5 years of progressively responsible work experience in the administration of arts and cultural programming, at least 2 years of which must have been in a supervisory capacity.

      3.  The Administrator may employ, within the limits of legislative appropriations, such staff as is necessary to the performance of the Administrator’s duties.

      4.  The Administrator is responsible to the Director for the general administration of the Division and for the submission of its budgets, subject to administrative supervision by the Director.

      5.  The Administrator shall direct the work of the Division, administer the Division and perform such other duties as the Director may, from time to time, prescribe.

      6.  To carry out the provisions of this chapter and within the limit of money available to him or her, the Administrator may enter into contracts and other lawful agreements with:

      (a) Natural persons, organizations and institutions for services furthering the mission and goals of the Division and the Board; and

      (b) Local, regional and national associations for cooperative endeavors furthering the mission and goals of the programs of the Division.

      7.  The Administrator may accept gifts, contributions and bequests of unrestricted money from natural persons, foundations, corporations and other organizations and institutions to further the mission and goals of the programs of the Division.

      8.  Except as otherwise provided pursuant to subsection 4 of NRS 231.230, the Administrator is in the unclassified service of the State.

      9.  As used in this section, “Director” means the Director of the Department.

      (Added to NRS by 2003, 631; A 2011, 2944)

      NRS 233C.092  Periodic examination of and report on physical condition of works of art acquired for inclusion in public works.  The Division shall periodically cause an examination to be made of the physical condition of the works of art acquired for inclusion in public works to determine which works of art need repair, restoration or replacement and shall report this information to the Legislature.

      (Added to NRS by 1995, 418; A 2003, 634)

ACCOUNT FOR LICENSE PLATES FOR THE SUPPORT OF THE EDUCATION OF CHILDREN IN THE ARTS

      NRS 233C.094  Creation; use of money in Account.

      1.  The Account for License Plates for the Support of the Education of Children in the Arts is hereby created in the State General Fund. The Division shall administer the Account.

      2.  The money in the Account does not lapse to the State General Fund at the end of any fiscal year.

      3.  The money in the Account must be used only for the support of programs for the education of children in the arts and must not be used to replace or supplant funding available from other sources.

      4.  The Division shall retain one-half of the money deposited in the Account to use pursuant to subsection 3. The Division shall remit quarterly one-half of the money deposited in the Account to VSA arts of Nevada to use pursuant to subsection 3. If VSA arts of Nevada ceases to exist, the Division shall retain all the money credited to the Account to use pursuant to subsection 3.

      (Added to NRS by 1995, 1660; A 1997, 3003; 2003, 634; 2007, 418)

NEVADA CULTURAL ACCOUNT

      NRS 233C.095  Creation; purpose; investment; acceptance of gifts, grants and donations for deposit in Account; transfer of money from Account to meet obligations of State.

      1.  The Nevada Cultural Account is hereby created in the State General Fund. The purposes of the Account are to:

      (a) Ensure a stable and healthy cultural climate in this state;

      (b) Advance and promote a meaningful role of the arts and humanities in the lives of individual persons, families and communities throughout this state; and

      (c) Stimulate the provision of additional funding from private sources to carry out the provisions of paragraphs (a) and (b).

Ê The money in the Account must be used to augment and must not be used to replace or supplant any legislative appropriations to the Division.

      2.  Except as otherwise provided in subsection 4, the Account is a continuing account without reversion. The money in the Account must be invested as the money in other state accounts is invested. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Claims against the Account must be paid as other claims against the State are paid.

      3.  The Division may accept gifts, grants and donations from any source for deposit in the Account.

      4.  The State Board of Examiners may, upon making a determination that any portion of any amount appropriated by the Legislature for deposit in the Account is necessary to meet existing or future obligations of the State, recommend to the Interim Finance Committee that the amount so needed be transferred from the Account to the State General Fund. Upon approval of the Interim Finance Committee, the money may be so transferred.

      (Added to NRS by 2001, 2973; A 2003, 634; 2011, 442)

      NRS 233C.096  Administration and expenditure of money in Account.  The Division shall administer the Nevada Cultural Account and may expend only the amount of any gifts, grants, donations, interest and income credited to the Account to:

      1.  Provide resources for developing the artistic, administrative and financial stability of cultural organizations that serve and enrich communities throughout this state regarding the arts and humanities;

      2.  Support programs and projects that provide residents of and visitors to this state with access to a broad range of activities regarding the arts and humanities;

      3.  Encourage cultural organizations to reduce their deficits, to establish cash reserves and endowments and to engage in capital projects that will aid in their stabilization; and

      4.  Support initiatives and organizations that encourage access to, the awareness of and education in the arts.

      (Added to NRS by 2001, 2973; A 2003, 635)

      NRS 233C.097  Regulations; report to Legislature.  The Division shall:

      1.  Adopt regulations establishing criteria and standards for the eligibility for and use of any funding to be provided by the Division pursuant to NRS 233C.096.

      2.  Report to each regular session of the Legislature:

      (a) The amount of money expended from the Nevada Cultural Account;

      (b) The specific purposes for which the money was expended; and

      (c) The sources from which the money was obtained.

      (Added to NRS by 2001, 2974; A 2003, 635)

COMMISSION FOR CULTURAL AFFAIRS

      NRS 233C.200  Creation; members; meetings; quorum; compensation and reimbursement; administrative services.

      1.  The Commission for Cultural Affairs is hereby created. The Commission is advisory to the Department and consists of:

      (a) The Chair of the Nevada Humanities Committee or a member of the Committee designated by the Chair;

      (b) The Chair of the Board or a member of the Board designated by the Chair;

      (c) The Chair of the Board of Museums and History or a member of the Board of Museums and History designated by the Chair;

      (d) A member of the Board of Museums and History, to be appointed by the Governor;

      (e) One representative of the general public who has a working knowledge of the promotion of tourism in Nevada, to be appointed by the Governor; and

      (f) The Chair of the State Council on Libraries and Literacy or a member of the Council designated by the Chair.

      2.  The Commission shall:

      (a) Elect from its membership a Chair who shall serve for a term of 2 years. A vacancy occurring in this position must be filled by election of the members of the Commission for the remainder of the unexpired term.

      (b) Prescribe rules for its own management and government.

      (c) Meet biannually, or at more frequent times if it deems necessary, and may, within the limitations of its budget, hold special meetings at the call of its Chair.

      3.  Three members of the Commission constitute a quorum, but a majority of the members of the Commission is necessary to consider the particular business before it and to exercise the power conferred on the Commission.

      4.  The members of the Commission are not entitled to be paid a salary, but are entitled, while engaged in the business of the Commission, to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      5.  The Commission may use the money derived from interest earned on the money in the Fund for the Preservation and Promotion of Cultural Resources created pursuant to NRS 233C.230 to pay for:

      (a) Any administrative services required by the Commission; and

      (b) The per diem allowances and travel expenses of members of the Commission authorized pursuant to subsection 4.

      (Added to NRS by 1991, 1346; A 1993, 1495; 1997, 3153; 2001, 935; 2003, 635; 2005, 898)

      NRS 233C.210  Plan for preservation and promotion of Nevada’s cultural resources.

      1.  The Commission shall establish within 1 year after its formation, and revise every 2 years thereafter, a 10-year plan to:

      (a) Preserve and promote Nevada’s cultural resources; and

      (b) Develop a network of cultural centers and activities in this State.

      2.  The plan must include:

      (a) A description of the means by which a statewide network of cultural centers and activities is to be developed;

      (b) A program for awarding financial assistance to pay the actual expenses of preserving or protecting historical buildings to be used to develop a network of cultural centers and activities; and

      (c) A detailed list of the initial projects to be undertaken.

      3.  The plan must be submitted to:

      (a) The Governor;

      (b) The Legislative Commission; and

      (c) The State Board of Examiners.

      (Added to NRS by 1991, 1346; A 1993, 1347; 2003, 636)

      NRS 233C.220  Program for Awarding Financial Assistance.  The Commission may, in establishing the Program for Awarding Financial Assistance:

      1.  Award financial assistance to governmental entities and nonprofit corporations formed for educational or charitable purposes, including, without limitation, the preservation or promotion of cultural resources.

      2.  Establish the conditions an applicant must satisfy to receive an award of financial assistance. Financial assistance may only be awarded for the actual expenses of preserving or protecting historical buildings to be used to develop a network of cultural centers and activities.

      3.  Specify the criteria by which proposed projects will be judged. The criteria must include, but not be limited to, a consideration of the degree to which a proposed project:

      (a) May become a recurring event without the necessity of future state financial support;

      (b) Will be accessible to the community;

      (c) Will promote tourism in the State;

      (d) Will promote or preserve some historic or prehistoric feature of Nevada;

      (e) Will have multiple uses for many types of cultural organizations;

      (f) Will supplement training in the classroom in the arts and the humanities; and

      (g) Incorporates the various disciplines directly associated with cultural resources.

      4.  Give priority to projects of statewide historical, prehistorical or cultural significance which demonstrate an ability to raise and sustain required amounts of financial support from sources other than the State of Nevada, including donations of goods and services. The ability of a project to raise and sustain support must be weighed against the relative means and abilities of the applicants.

      (Added to NRS by 1991, 1347; A 1993, 1348; 2003, 636)

      NRS 233C.225  Determination of annual amount of financial assistance to be granted by Commission; notice to State Board of Examiners and State Board of Finance; issuance of bonds.

      1.  The Commission shall determine annually the total amount of financial assistance it will grant from the proceeds of bonds issued pursuant to this section in that calendar year pursuant to NRS 233C.200 to 233C.230, inclusive. The Commission shall notify the State Board of Examiners and the State Board of Finance of that amount.

      2.  After receiving the notice given pursuant to subsection 1, the State Board of Finance shall issue general obligation bonds of the State of Nevada in the amount necessary to generate the amount to be granted by the Commission from the proceeds of bonds issued pursuant to this section and to pay the expenses related to the issuance of the bonds. The expenses related to the issuance of bonds pursuant to this section must be paid from the proceeds of the bonds, and must not exceed 2 percent of the face amount of the bonds sold. In no case may the total face amount of the bonds issued pursuant to this section exceed $3,000,000 per year. No public debt is created, within the meaning of Section 3 of Article 9 of the Constitution of the State of Nevada, until the issuance of the bonds.

      3.  The proceeds from the sale of the bonds authorized by this section, after deducting the expenses relating to the issuance of the bonds, must be deposited with the State Treasurer and credited to the Fund for the Preservation and Promotion of Cultural Resources.

      4.  The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds pursuant to this section.

      (Added to NRS by 1993, 1347; A 1995, 1913; 1997, 3012; 1999, 171; 2003, 637; 2005, 899; 2007, 2904)

      NRS 233C.230  Fund for Preservation and Promotion of Cultural Resources.

      1.  There is hereby created in the State Treasury the Fund for the Preservation and Promotion of Cultural Resources. The Commission is responsible for the administration of the Fund. All money received and held by the State Treasurer for that purpose must be deposited in the Fund. The Commission shall account separately for money received from the proceeds of bonds issued pursuant to NRS 233C.225.

      2.  Except as otherwise provided in subsection 5 of NRS 233C.200, the Commission may expend money in the Fund only for projects identified in the Commission’s plan to promote and preserve the State’s cultural resources pursuant to NRS 233C.200 to 233C.230, inclusive. In addition to the amount of financial assistance granted from the proceeds of bonds issued pursuant to NRS 233C.225, the Commission may grant as financial assistance not more than $750,000 each calendar year of the interest earned on the deposit or investment of the money in the Fund.

      3.  The money in the Fund must be invested as the money in other state funds is invested. All interest on the deposit or investment of the money in the Fund must be credited to the Fund.

      4.  Claims against the Fund must be paid as other claims against the State are paid.

      (Added to NRS by 1991, 1347; A 1993, 1348; 1997, 3154; 1999, 171; 2003, 637)