[Rev. 6/2/2018 3:37:02 PM--2017]

TITLE 18 - STATE EXECUTIVE DEPARTMENT

CHAPTER 223 - GOVERNOR

GENERAL PROVISIONS

NRS 223.010           Qualifications.

NRS 223.020           Election; term of office.

NRS 223.025           Governor-elect: Payment of expenses for clerical and research assistance.

NRS 223.030           Oath.

NRS 223.040           Office and residence.

NRS 223.050           Salary.

NRS 223.060           Resignation.

NRS 223.080           When President Pro Tempore of Senate, Speaker of Assembly or Secretary of State act as Governor.

NRS 223.085           Employment of appropriate staff; classification; salaries and benefits; rules and policies; Chief Information Officer of the State.

NRS 223.121           Portrait of Governor.

NRS 223.140           Power to close banks and other financial institutions.

NRS 223.150           Governor may order military force to assist sheriff in executing process.

NRS 223.160           Governor may order armed force when unlawful or riotous assembly.

NRS 223.170           Armed force to obey Governor’s order.

NRS 223.180           Governor may proclaim county in insurrection.

NRS 223.190           Governor to advise Legislature of appointments made to fill vacancies.

NRS 223.195           Residency requirement for Governor to appoint person to board, commission, committee, council, authority or other similar body; exceptions.

NRS 223.200           Federal Highway Safety Act of 1966: Governor’s powers and duties; Highway Safety Program Plan; Highway Safety Program Planning Account.

NRS 223.210           Temporary authority of Governor to act and expend money in certain circumstances; duties of Legislative Commission; report to Legislature.

NRS 223.240           Governor may enter into agreements or compacts concerning furnishing and exchange of police services.

NRS 223.250           Governor may enter into agreements with tribal governments concerning coordination of cross-jurisdictional administration of state and tribal government laws relating to use of marijuana.

OFFICE OF FINANCE

NRS 223.400           Creation; composition.

NRS 223.410           Director: Appointment; classification; other employment or occupation prohibited.

NRS 223.420           Director: Powers and duties.

NRS 223.425           Deputy Director: Appointment; classification; restrictions on other employment.

NRS 223.430           Chief of the Budget Division: Appointment or service in position by Director; classification.

NRS 223.440           Administrator of the Division of Internal Audits: Appointment; classification.

NRS 223.450           Appointment, classification and restrictions on other employment of Deputies and Chief Assistants of Budget Division and Division of Internal Audits; classification of other employees of Office.

OFFICE FOR CONSUMER HEALTH ASSISTANCE

NRS 223.500           Definitions. [Replaced in revision by NRS 232.451.]

NRS 223.505           “Advocate” defined. [Replaced in revision by NRS 232.452.]

NRS 223.510           “Consumer” defined. [Replaced in revision by NRS 232.453.]

NRS 223.520           “Director” defined. [Replaced in revision by NRS 232.454.]

NRS 223.530           “Health care plan” defined. [Replaced in revision by NRS 232.455.]

NRS 223.535           “Prescription drug program” defined. [Replaced in revision by NRS 232.456.]

NRS 223.540           Applicability of NRS 223.085. [Replaced in revision by NRS 232.457.]

NRS 223.550           Creation of Office for Consumer Health Assistance; appointment and qualifications of Governor’s Consumer Health Advocate; payment of costs from assessments, gifts, grants or donations, and direct legislative appropriation. [Replaced in revision by NRS 232.458.]

NRS 223.560           Duties of Advocate; authority of Advocate to adopt regulations. [Replaced in revision by NRS 232.459.]

NRS 223.570           Powers of Advocate; conflicts of interest. [Replaced in revision by NRS 232.461.]

NRS 223.575           Creation of Bureau for Hospital Patients; powers and duties of Advocate or Advocate’s designee; annual assessment of hospitals. [Replaced in revision by NRS 232.462.]

OFFICE OF SCIENCE, INNOVATION AND TECHNOLOGY

NRS 223.600           Establishment; appointment and classification of Director; other employment by Director prohibited.

NRS 223.610           Duties of Director.

NRS 223.620           Acceptance of gifts and money by Director; membership of Director on Nevada Technology Council.

NRS 223.630           Creation of Account; deposit of money.

NRS 223.640           Advisory Council on Science, Technology, Engineering and Mathematics: Creation; membership; vacancy; meetings; quorum; authority to appoint subcommittees; allowances and expenses.

NRS 223.650           Advisory Council on Science, Technology, Engineering and Mathematics: Duties; submission of biennial report; duty of State Board of Education and Board of Regents to consider plans and report; duty of State Board of Education to adopt regulations.

OFFICE OF THE WESTERN REGIONAL EDUCATION COMPACT

NRS 223.700           Creation; budget; appointment and classification of Director; employment and classification of additional personnel.

OFFICE OF WORKFORCE INNOVATION

NRS 223.800           Creation; responsibility and accountability for apprenticeship.

NRS 223.810           Executive Director: Appointment; classification.

NRS 223.820           Executive Director: Duties.

NRS 223.830           Agencies required to submit educational and workforce data for inclusion in statewide longitudinal data system maintained by Office.

_________

GENERAL PROVISIONS

      NRS 223.010  Qualifications.  No person shall be eligible to the Office of Governor unless the person:

      1.  Has attained the age of 25 years at the time of such election; and

      2.  Is a qualified elector and has been a citizen resident of this State for 2 years next preceding the election.

      [Part 2:108:1866; A 1953, 711; 1955, 459]

      NRS 223.020  Election; term of office.

      1.  The Governor shall be elected by the qualified electors of the State.

      2.  The Governor shall be chosen at the general election of 1866, and every 4th year thereafter, and shall hold office for the term of 4 years from the time of his or her installment and until his or her successor shall be qualified.

      [Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL § 4765] + [Part 9:108:1866; B § 2607; BH § 1644; C § 1790; RL § 2773; NCL § 4773] + [Part 10:108:1866; B § 2608; BH § 1645; C § 1791; RL § 2774; NCL § 4774]

      NRS 223.025  Governor-elect: Payment of expenses for clerical and research assistance.

      1.  The Office of Finance shall include as a separate item in its budget for each fiscal year in which a Governor is to be elected a reasonable amount to pay transitional expenses of the Governor-elect for clerical and research assistance.

      2.  The State Controller shall, within the limits of legislative appropriation, draw a warrant for the payment of necessary expenses for clerical and research assistance for the Governor-elect upon submission of one or more claims by the Governor-elect.

      3.  The provisions of subsection 2 do not apply if the incumbent Governor is elected to succeed himself or herself.

      (Added to NRS by 1969, 111; A 1973, 263; 2001, 949)

      NRS 223.030  Oath.  The Governor shall take and subscribe to the official oath before the Chief Justice or one of the associate justices of the Supreme Court on the 1st Monday of January next succeeding his or her election.

      [Part 25:108:1866; A 1881, 22; BH § 1660; C § 1806; RL § 2789; NCL § 4789]

      NRS 223.040  Office and residence.  The Governor shall keep his or her office and reside at the seat of government.

      [Part 10:108:1866; B § 2608; BH § 1645; C § 1791; RL § 2774; NCL § 4774]

      NRS 223.050  Salary.

      1.  Until the first Monday in January 2007, the Governor is entitled to receive an annual salary of $117,000. From the first Monday in January 2007, until the first Monday in January 2011, the Governor is entitled to receive an annual salary of $141,000.

      2.  On the first Monday in January 2011 and on the first Monday of every fourth year thereafter, the salary of the Governor must be increased by an amount equal to the cumulative percentage increase in the salaries of the classified employees of this State during the immediately preceding term of the Governor.

      [Part 1:295:1953; A 1955, 527] + [1:320:1955] + [11:320:1955] + [13:320:1955] — (NRS A 1957, 771; 1961, 304; 1965, 969; 1969, 790; 1971, 2207; 1977, 1015; 1981, 1370; 1985, 1609; 1989, 1897; 1997, 1226; 2005, 1182)

      NRS 223.060  Resignation.  The Governor shall transmit his or her resignation to the Legislature, if in session, and if not in session shall then transmit it to the Secretary of State.

      [Part 34:108:1866; B § 2632; BH § 1669; C § 1815; RL § 2798; NCL § 4798]

      NRS 223.080  When President Pro Tempore of Senate, Speaker of Assembly or Secretary of State act as Governor.

      1.  If, during the vacancy in the Office of the Governor, the Lieutenant Governor shall die, be impeached, be displaced, resign, or become incapable of performing the duties of the office, or be absent from the State, the President Pro Tempore of the Senate shall act as Governor until the vacancy shall be filled or the disability shall cease.

      2.  In case of the inability of the President Pro Tempore of the Senate to act as Governor in the event of a vacancy in the Office of Lieutenant Governor, the Speaker of the Assembly shall be called upon to serve until the vacancy shall be filled. If the Speaker of the Assembly is ineligible or unable to act, the Secretary of State shall be next in line of succession.

      3.  To effect the purposes of this section, the President Pro Tempore of the Senate and the Speaker of the Assembly shall each be deemed to hold their respective offices until their successors shall have been elected and qualified.

      [44:108:1866; A 1947, 11; 1949, 39; 1943 NCL § 4808]

      NRS 223.085  Employment of appropriate staff; classification; salaries and benefits; rules and policies; Chief Information Officer of the State.

      1.  The Governor may, within the limits of available money, employ such persons as he or she deems necessary to provide an appropriate staff for the Office of the Governor, including, without limitation, the Office of Economic Development, the Office of Science, Innovation and Technology, the Office of the Western Regional Education Compact, the Office of Workforce Innovation and the Governor’s mansion. Except as otherwise provided by specific statute, such employees are not in the classified or unclassified service of the State and, except as otherwise provided in NRS 231.043 and 231.047, serve at the pleasure of the Governor.

      2.  Except as otherwise provided by specific statute, the Governor shall:

      (a) Determine the salaries and benefits of the persons employed pursuant to subsection 1, within limits of money available for that purpose; and

      (b) Adopt such rules and policies as he or she deems appropriate to establish the duties and employment rights of the persons employed pursuant to subsection 1.

      3.  The Governor may:

      (a) Appoint a Chief Information Officer of the State; or

      (b) Designate the Administrator as the Chief Information Officer of the State.

Ê If the Administrator is so appointed, the Administrator shall serve as the Chief Information Officer of the State without additional compensation.

      4.  As used in this section, “Administrator” means the Administrator of the Division of Enterprise Information Technology Services of the Department of Administration.

      (Added to NRS by 1967, 1488; A 1971, 1423; 1981, 1271; 1997, 616; 1999, 3278; 2001, 2284; 2009, 2651; 2011, 2935, 3427; 2015, 2122; 2017, 4331)

      NRS 223.121  Portrait of Governor.

      1.  The Director may, upon the election of each new Governor, enter into a contract with an artist for the purpose of procuring a portrait of that Governor for display in the Capitol Building.

      2.  The portrait must be painted in oil colors and appropriately framed. The painting and framing must be done in the same manner, style and size as the portraits of former Governors of the State displayed in the Capitol Building.

      3.  The contract price must not exceed the appropriation made for this purpose to the Account for the Governor’s Portrait in the State General Fund. The contract price must include the cost of the portrait and the frame.

      4.  The portrait and frame are subject to the approval of the Governor.

      5.  Upon delivery of the approved, framed portrait to the Secretary of State and its acceptance by the Director, the State Controller shall draw his or her warrant in an amount equal to the contract price and the State Treasurer shall pay the warrant from the Account for the Governor’s Portrait. Any balance remaining in the Account immediately lapses to the State General Fund.

      6.  As used in this section, “Director” means the Director of the Department of Tourism and Cultural Affairs.

      (Added to NRS by 1981, 1553; A 1985, 713; 2007, 3306; 2011, 2936)

      NRS 223.140  Power to close banks and other financial institutions.  The Governor shall have the power to direct the closing of any or all banks and other financial institutions for definite periods of time whenever the public interest requires such action to be taken, as in time of war, insurrections, invasions, riots, or a state, district or national financial crisis; provided:

      1.  That the State Board of Finance shall by formal resolution request such action; and

      2.  That banks desiring not to avail themselves of such holiday declared by the Governor may remain open and continue to do business upon notifying the Governor of such intention and receiving the consent of the State Board of Finance.

      [4:38:1933; 1931 NCL § 3306.03]

      NRS 223.150  Governor may order military force to assist sheriff in executing process.  If it appears to the Governor that the power of any county is not sufficient to enable the sheriff to execute process delivered to the sheriff, the Governor shall, on the application of the sheriff, order such military force from any other county or counties as shall be necessary.

      [86:108:1866; B § 2684; BH § 1721; C § 1867; RL § 2835; NCL § 4835]

      NRS 223.160  Governor may order armed force when unlawful or riotous assembly.

      1.  When there is an unlawful or riotous assembly, with the intent to commit a felony, or to offer violence to person or property, or to resist, by force, the laws of the State, and the fact is made to appear to the Governor, the Governor may issue an order directed to the commanding officer of a division, brigade, regiment, battalion or company, to order his or her command, or any part thereof (describing the kind and number of troops), to appear at a time and place therein specified, to aid the civil authorities in suppressing violence and enforcing the laws.

      2.  The commanding officer to whom the order is given shall forthwith obey the same, and the troops so required shall appear at the time and place appointed, armed and equipped with ammunition as per inspection, and shall execute any order that they shall then and there receive, according to law.

      [Part 93:108:1866; B § 2691; BH § 1728; C § 1874; RL § 2840; NCL § 4840] + [94:108:1866; B § 2692; BH § 1729; C § 1875; RL § 2841; NCL § 4841]

      NRS 223.170  Armed force to obey Governor’s order.  When an armed force is called out for the purpose of suppressing an unlawful or riotous assembly, or arresting the offenders, it shall obey such orders in relation thereto as may have been made by the Governor.

      [Part 92:108:1866; B § 2690; BH § 1727; C § 1873; RL § 2839; NCL § 4839]

      NRS 223.180  Governor may proclaim county in insurrection.

      1.  When the Governor shall be satisfied that the execution of civil or criminal process has been forcibly resisted in any county, by bodies of persons, or that combinations to resist the execution of process by force exist in any county, and that the power of the county has been exerted and has not been sufficient to enable the officer having the process to execute it, the Governor may, on the application of the officer, or of the district attorney or district judge of the county, by proclamation, to be published in such papers as the Governor shall direct, declare the county to be in a state of insurrection, and may order into the service of the State such number and description of volunteers, or uniformed companies or other militia of the State as the Governor shall deem necessary, to serve for such term and under the command of such officers as the Governor shall direct.

      2.  The Governor may, when he or she shall think proper, revoke the proclamation authorized by subsection 1, or declare that it shall cease at such time and in such manner as he or she shall direct.

      [95:108:1866; B § 2693; BH § 1730; C § 1876; RL § 2842; NCL § 4842] + [96:108:1866; B § 2694; BH § 1731; C § 1877; RL § 2843; NCL § 4843]

      NRS 223.190  Governor to advise Legislature of appointments made to fill vacancies.  At the earliest day practicable, the Governor shall lay before the Legislature a statement of all appointments made by him or her to fill vacancies in office since the preceding session.

      [47:108:1866; B § 2645; BH § 1682; C § 1828; RL § 2811; NCL § 4811]

      NRS 223.195  Residency requirement for Governor to appoint person to board, commission, committee, council, authority or other similar body; exceptions.

      1.  Except as otherwise provided in this section, when the Governor discharges a duty or exercises a power conferred by law to appoint a person to a new term or to fill a vacancy on a board, commission, committee, council, authority or similar body, the Governor shall appoint a person who has, in accordance with the provisions of NRS 281.050, actually, as opposed to constructively, resided, for at least 6 months immediately preceding the date of the appointment:

      (a) In this State; and

      (b) If current residency in a particular county, district, ward, subdistrict or any other unit is prescribed by the provisions of law that govern the position, also in that county, district, ward, subdistrict or other unit.

      2.  The provisions of subsection 1 do not apply if:

      (a) A requirement of law concerning another characteristic or status that a member must possess, including, without limitation, membership in another organization, would make it impossible to fulfill the provisions of subsection 1; or

      (b) The membership of the particular board, commission, committee, council, authority or similar body includes residents of another state and the provisions of subsection 1 would conflict with a requirement that applies to all members of that body.

      (Added to NRS by 2005, 1580)

      NRS 223.200  Federal Highway Safety Act of 1966: Governor’s powers and duties; Highway Safety Program Plan; Highway Safety Program Planning Account.

      1.  The Governor may contract and do all other things necessary to secure the full benefits available to this State pursuant to the Highway Safety Act of 1966 (including 23 U.S.C. ch. 4). In so doing, the Governor shall cooperate with federal and state agencies, private and public organizations, and private persons to effectuate the purposes of that act and all amendments to it which are subsequently enacted.

      2.  The Governor shall administer through an appropriate state agency the highway safety programs of this State and those of its political subdivisions in accordance with the Highway Safety Act of 1966 and federal rules and regulations for carrying it out.

      3.  The state agency designated by the Governor pursuant to subsection 2 shall, with the assistance of the Legislative Commission, the Supreme Court of Nevada, the Department of Transportation, the Division of Public and Behavioral Health of the Department of Health and Human Services, the Department of Education and other state agencies and local subdivisions, cause to be prepared a comprehensive Highway Safety Program Plan detailing how the State of Nevada proposes to progress toward long-range state goals to achieve full compliance with the program standards adopted pursuant to the Highway Safety Act of 1966. The Plan must, without limitation, include:

      (a) Estimates when the State could begin each program specified in the standards;

      (b) Estimates of annual costs of each program;

      (c) Estimates when the State will reach full compliance with the standards; and

      (d) Projects deemed appropriate for planning and administration of the State Highway Safety Program.

      4.  Costs of preparation of the Highway Safety Program must be paid from the Highway Safety Program Planning Account, which is hereby created in the State General Fund. Money provided by direct legislative appropriation must be accounted for in the Account, and money received from the Federal Government and from donations must be deposited in the State Treasury for credit to the Account. The state agency designated by the Governor pursuant to subsection 2 may make the necessary applications for federal money and provide required demonstrations that federal money will be matched with state money in the Highway Safety Program Planning Account. The state agency may also accept donations for the purpose of preparing the Highway Safety Program.

      (Added to NRS by 1967, 1113; A 1973, 1406; 1979, 101, 1644, 1787; 1991, 1756)

      NRS 223.210  Temporary authority of Governor to act and expend money in certain circumstances; duties of Legislative Commission; report to Legislature.

      1.  Whenever any Act of Congress, regulation promulgated by the President or from an executive department of the Federal Government, or decision of a court of the United States or of this State requires the Governor to perform any act for which legislative authority is lacking, either absolutely or in the alternative of forfeiting a grant of money or other thing of value or of action by the requiring authority, and the Legislature is not in session and cannot reasonably be convened in a special session, the Governor may, with the approval of the Legislative Commission:

      (a) Perform the act required.

      (b) Direct an existing agency, board or commission to do the act required.

      (c) Accept money or some other thing of value from the Federal Government, and contract with respect to such acceptance.

      (d) Expend, for the purpose required, any money so accepted from the Federal Government or available to him or her from any nonstate source or from the Emergency Account. Any expenditures from the Emergency Account for the purposes provided in this subsection must be first approved by the Legislative Commission.

      2.  The Governor and the Legislative Commission shall report any action taken by them to the next session of the Legislature, whether regular or special. Unless the Legislature acts affirmatively to authorize the Governor or some other agency, board or commission to do the act required, all authority conferred by this section expires by limitation on the 11th day after the final adjournment of the session. In case of such an expiration, neither the Governor nor any agency, board or commission may expend any money received pursuant to this section except as required by a valid contract executed prior to the expiration.

      3.  As used in this section, the phrase “cannot reasonably be convened in a special session” imposes a duty upon the Governor or the members of the Legislature to consider, among other things:

      (a) The importance of the act required in relation to State Government as a whole;

      (b) The amount of money to be expended pursuant to this section in relation to the cost of a special session; and

      (c) The interval remaining before the next regular session.

      (Added to NRS by 1969, 90; A 1977, 329; 1991, 1756; 2013, 3753)

      NRS 223.240  Governor may enter into agreements or compacts concerning furnishing and exchange of police services.

      1.  The Governor may, on behalf of this State, enter into mutual or reciprocal aid agreements or compacts with other states or the Federal Government, either on a statewide or political subdivision basis. Prior to committing the personnel, equipment or facilities of any political subdivision of this State, the Governor shall consult with and obtain the approval of the law enforcement executive and the chief executive of each of the political subdivisions affected.

      2.  Such agreements shall be limited to furnishing or exchange of:

      (a) Police services;

      (b) Personnel necessary to provide or conduct such services; and

      (c) Such other supplies, equipment, facilities, personnel and services as are needed to support such services.

      3.  The agreements may relate to the terms and conditions of mutual or reciprocal aid and to reimbursement of costs and expenses for equipment, supplies, personnel and similar items for mobile support units and police units.

      4.  Any such agreement may not extend beyond the elected term of the Governor of this State who entered into such agreement.

      (Added to NRS by 1975, 481)

      NRS 223.250  Governor may enter into agreements with tribal governments concerning coordination of cross-jurisdictional administration of state and tribal government laws relating to use of marijuana.

      1.  The Governor or his or her designee may enter into one or more agreements with tribal governments in this State to efficiently coordinate the cross-jurisdictional administration of the laws of this State and the laws of tribal governments relating to the use of marijuana. Such an agreement may include, without limitation, provisions relating to:

      (a) Criminal and civil law enforcement;

      (b) Regulatory issues relating to the possession, delivery, production, processing or use of marijuana, edible marijuana products, marijuana-infused products and marijuana products;

      (c) Medical and pharmaceutical research involving marijuana;

      (d) The administration of laws relating to taxation;

      (e) Any immunity, preemption or conflict of law relating to the possession, delivery, production, processing, transportation or use of marijuana, edible marijuana products, marijuana-infused products and marijuana products; and

      (f) The resolution of any disputes between a tribal government and this State, which may include, without limitation, the use of mediation or other nonjudicial processes.

      2.  An agreement entered into pursuant to this section must:

      (a) Provide for the preservation of public health and safety;

      (b) Ensure the security of medical marijuana establishments and marijuana establishments and the corresponding facilities on tribal land; and

      (c) Establish provisions regulating business involving marijuana which passes between tribal land and non-tribal land in this State.

      3.  As used in this section:

      (a) “Edible marijuana products” has the meaning ascribed to it in NRS 453A.101.

      (b) “Marijuana” has the meaning ascribed to it in NRS 453.096.

      (c) “Marijuana establishment” has the meaning ascribed to it in NRS 453D.030.

      (d) “Marijuana-infused products” has the meaning ascribed to it in NRS 453A.112.

      (e) “Marijuana product” has the meaning ascribed to it in NRS 453D.030.

      (f) “Tribal government” means a federally recognized American Indian tribe pursuant to 25 C.F.R. §§ 83.1 to 83.13, inclusive.

      (Added to NRS by 2017, 1617)

OFFICE OF FINANCE

      NRS 223.400  Creation; composition.

      1.  The Office of Finance is hereby created in the Office of the Governor.

      2.  The Office of Finance consists of a Director and the following:

      (a) The Budget Division; and

      (b) The Division of Internal Audits.

      (Added to NRS by 2015, 1921)

      NRS 223.410  Director: Appointment; classification; other employment or occupation prohibited.  The Director of the Office of Finance:

      1.  Is appointed by, is responsible to and serves at the pleasure of the Governor.

      2.  Is in the unclassified service of the State.

      3.  Shall not engage in any other gainful employment or occupation.

      (Added to NRS by 2015, 1921)

      NRS 223.420  Director: Powers and duties.  The Director of the Office of Finance is responsible for the administration, through the divisions of the Office, of the provisions of NRS 235.005 to 235.016, inclusive, 353.150 to 353.246, inclusive, and 353A.031 to 353A.100, inclusive, and all other provisions of law relating to the functions of the divisions of the Office.

      (Added to NRS by 2015, 1921)

      NRS 223.425  Deputy Director: Appointment; classification; restrictions on other employment.

      1.  The Director of the Office of Finance shall appoint a Deputy Director of the Office.

      2.  The Deputy Director:

      (a) Serves at the pleasure of the Director;

      (b) Is in the unclassified service of the State; and

      (c) Except as otherwise provided in NRS 284.143, shall devote his or her entire time and attention to the business of the Office of Finance and shall not pursue any other business or occupation or hold any other office of profit.

      (Added to NRS by 2017, 131)

      NRS 223.430  Chief of the Budget Division: Appointment or service in position by Director; classification.  The Director of the Office of Finance shall appoint a Chief of the Budget Division, who serves at the pleasure of the Director and is in the unclassified service of the State, or may serve in this position if the Director has the qualifications required by NRS 353.175.

      (Added to NRS by 2015, 1921)

      NRS 223.440  Administrator of the Division of Internal Audits: Appointment; classification.

      1.  The Director of the Office of Finance shall appoint the Administrator of the Division of Internal Audits.

      2.  The Administrator of the Division of Internal Audits of the Office of Finance serves at the pleasure of the Director and is in the unclassified service of the State.

      (Added to NRS by 2015, 1922)

      NRS 223.450  Appointment, classification and restrictions on other employment of Deputies and Chief Assistants of Budget Division and Division of Internal Audits; classification of other employees of Office.

      1.  Unless federal law or regulation otherwise requires, the Chief of the Budget Division and the Administrator of the Division of Internal Audits may appoint a Deputy and a Chief Assistant in the unclassified service of the State, who shall not engage in any other gainful employment or occupation except as otherwise provided in NRS 284.143.

      2.  Except as otherwise provided in subsection 1 and NRS 223.410, 223.430 and 223.440, employees of the Office of Finance are in the classified service of the State.

      (Added to NRS by 2015, 1922)

OFFICE FOR CONSUMER HEALTH ASSISTANCE

      NRS 223.500  Definitions.  [Replaced in revision by NRS 232.451.]

 

      NRS 223.505  “Advocate” defined.  [Replaced in revision by NRS 232.452.]

 

      NRS 223.510  “Consumer” defined.  [Replaced in revision by NRS 232.453.]

 

      NRS 223.520  “Director” defined.  [Replaced in revision by NRS 232.454.]

 

      NRS 223.530  “Health care plan” defined.  [Replaced in revision by NRS 232.455.]

 

      NRS 223.535  “Prescription drug program” defined.  [Replaced in revision by NRS 232.456.]

 

      NRS 223.540  Applicability of NRS 223.085.  [Replaced in revision by NRS 232.457.]

 

      NRS 223.550  Creation of Office for Consumer Health Assistance; appointment and qualifications of Governor’s Consumer Health Advocate; payment of costs from assessments, gifts, grants or donations, and direct legislative appropriation.  [Replaced in revision by NRS 232.458.]

 

      NRS 223.560  Duties of Advocate; authority of Advocate to adopt regulations.  [Replaced in revision by NRS 232.459.]

 

      NRS 223.570  Powers of Advocate; conflicts of interest.  [Replaced in revision by NRS 232.461.]

 

      NRS 223.575  Creation of Bureau for Hospital Patients; powers and duties of Advocate or Advocate’s designee; annual assessment of hospitals.  [Replaced in revision by NRS 232.462.]

 

OFFICE OF SCIENCE, INNOVATION AND TECHNOLOGY

      NRS 223.600  Establishment; appointment and classification of Director; other employment by Director prohibited.

      1.  The Office of Science, Innovation and Technology is hereby established in the Office of the Governor.

      2.  The Governor shall appoint the Director of the Office of Science, Innovation and Technology. In making the appointment, the Governor:

      (a) Shall give consideration to any recommendation which is submitted by the Chancellor of the Nevada System of Higher Education.

      (b) May assemble a panel of persons with appropriate experience in science and technology to make recommendations of qualified candidates for the position of Director.

      3.  The Director shall devote his or her entire time and attention to the business of his or her office and shall not engage in any other gainful employment or occupation.

      4.  The Director is not in the classified or unclassified service of the State and serves at the pleasure of the Governor.

      (Added to NRS by 2001, 2284)

      NRS 223.610  Duties of Director.  The Director of the Office of Science, Innovation and Technology shall:

      1.  Advise the Governor and the Executive Director of the Office of Economic Development on matters relating to science, innovation and technology.

      2.  Work in coordination with the Office of Economic Development to establish criteria and goals for economic development and diversification in this State in the areas of science, innovation and technology.

      3.  As directed by the Governor, identify, recommend and carry out policies related to science, innovation and technology.

      4.  Report periodically to the Executive Director of the Office of Economic Development concerning the administration of the policies and programs of the Office of Science, Innovation and Technology.

      5.  Coordinate activities in this State relating to the planning, mapping and procurement of broadband service in a competitively neutral and nondiscriminatory manner, which must include, without limitation:

      (a) Development of a strategic plan to improve the delivery of broadband services in this State to schools, libraries, providers of health care, transportation facilities, prisons and other community facilities;

      (b) Applying for state and federal grants on behalf of eligible entities and managing state matching money that has been appropriated by the Legislature;

      (c) Coordinating and processing applications for state and federal money relating to broadband services;

      (d) Prioritizing construction projects which affect or involve the expansion or deployment of broadband services in this State;

      (e) In consultation with providers of health care from various health care settings, the expansion of telehealth services to reduce health care costs and increase health care quality and access in this State, especially in rural, unserved and underserved areas of this State;

      (f) Expansion of the fiber optic infrastructure in this State for the benefit of the public safety radio and communications systems in this State;

      (g) Collection and storage of data relating to agreements and contracts entered into by the State for the provision of fiber optic assets in this State; and

      (h) Administration of the trade policy for fiber optic infrastructure in this State.

      6.  Provide support to the Advisory Council on Science, Technology, Engineering and Mathematics and direct the implementation in this State of plans developed by the Council concerning, without limitation, workforce development, college preparedness and economic development.

      7.  In carrying out his or her duties pursuant to this section, consult with the Executive Director of the Office of Economic Development and cooperate with the Executive Director in implementing the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053.

      8.  Administer such grants as are provided by legislative appropriation.

      (Added to NRS by 2001, 2285; A 2011, 3427; 2015, 2826; 2017, 528)

      NRS 223.620  Acceptance of gifts and money by Director; membership of Director on Nevada Technology Council.

      1.  The Director of the Office of Science, Innovation and Technology may:

      (a) Accept any gift, donation, bequest or devise; and

      (b) Apply for and accept any grant, loan or other source of money,

Ê to assist the Director in carrying out his or her duties.

      2.  The Director may serve as a member of the Nevada Technology Council.

      (Added to NRS by 2001, 2285)

      NRS 223.630  Creation of Account; deposit of money.

      1.  The Account for the Office of Science, Innovation and Technology is hereby created in the State General Fund. The Account must be administered by the Director of the Office of Science, Innovation and Technology.

      2.  Any money accepted pursuant to NRS 223.620 must be deposited in the Account.

      3.  The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.

      4.  The money in the Account must only be used to carry out the duties of the Director.

      5.  Claims against the Account must be paid as other claims against the State are paid.

      (Added to NRS by 2001, 2285)

      NRS 223.640  Advisory Council on Science, Technology, Engineering and Mathematics: Creation; membership; vacancy; meetings; quorum; authority to appoint subcommittees; allowances and expenses.

      1.  The Advisory Council on Science, Technology, Engineering and Mathematics is hereby created within the Office of Science, Innovation and Technology. The Council consists of:

      (a) The following ex officio members:

             (1) The Superintendent of Public Instruction or his or her designee;

             (2) The Chancellor of the Nevada System of Higher Education or his or her designee;

             (3) The Executive Director of the Office of Economic Development or his or her designee; and

             (4) The Director of the Department of Employment, Training and Rehabilitation or his or her designee;

      (b) Three members appointed by the Governor pursuant to subsection 2;

      (c) Two members appointed by the Majority Leader of the Senate pursuant to subsection 2;

      (d) Two members appointed by the Speaker of the Assembly pursuant to subsection 2;

      (e) Two members appointed by the Minority Leader of the Senate pursuant to subsection 2; and

      (f) Two members appointed by the Minority Leader of the Assembly pursuant to subsection 2.

      2.  The Governor, the Majority Leader and the Minority Leader of the Senate and the Speaker and the Minority Leader of the Assembly shall coordinate their respective appointments of members to the Council:

      (a) On a geographic basis to ensure statewide representation; and

      (b) To ensure representation from:

             (1) Classroom teachers or administrators in the field of science, technology, engineering or mathematics;

             (2) Higher education in the field of science, technology, engineering or mathematics; and

             (3) Businesses operating in the sectors relating to science, technology, engineering or mathematics.

      3.  Any vacancy occurring in the membership of the Council must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.

      4.  The Council shall meet at least six times each year at the call of the Chair. Two meetings of the Council must be held in person and any other meeting may be held by videoconference.

      5.  A majority of the members of the Council constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the Council.

      6.  The Chair may appoint such subcommittees of the Council as the Chair determines necessary to carry out the duties of the Council.

      7.  The members of the Council serve without compensation, except that each member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the official business of the Council.

      (Added to NRS by 2013, 1010; A 2015, 2827, 2830) — (Substituted in revision for NRS 385.700)

      NRS 223.650  Advisory Council on Science, Technology, Engineering and Mathematics: Duties; submission of biennial report; duty of State Board of Education and Board of Regents to consider plans and report; duty of State Board of Education to adopt regulations.

      1.  The Advisory Council on Science, Technology, Engineering and Mathematics created by NRS 223.640 shall:

      (a) Develop a strategic plan for the development of educational resources in the fields of science, technology, engineering and mathematics to serve as a foundation for workforce development, college preparedness and economic development in this State;

      (b) Develop a plan for identifying and awarding recognition to pupils in this State who demonstrate exemplary achievement in the fields of science, technology, engineering and mathematics;

      (c) Develop a plan for identifying and awarding recognition to not more than 15 schools in this State that demonstrate exemplary performance in the fields of science, technology, engineering and mathematics;

      (d) Conduct a survey of education programs and proposed programs relating to the fields of science, technology, engineering and mathematics in this State and in other states to identify recommendations for the implementation of such programs by public schools and institutions of higher education in this State and report the information gathered by the survey to the State Board of Education and the Board of Regents of the University of Nevada;

      (e) Apply for grants on behalf of the State of Nevada relating to the development and expansion of education programs in the fields of science, technology, engineering and mathematics;

      (f) Identify a nonprofit corporation to assist in the implementation of the plans developed pursuant to paragraphs (a), (b) and (c);

      (g) Prepare a written report which includes, without limitation, recommendations based on the survey conducted pursuant to paragraph (d) and any other recommendations concerning the instruction and curriculum in courses of study in science, technology, engineering and mathematics in public schools in this State and, on or before January 31 of each odd-numbered year, submit a copy of the report to the State Board of Education, the Board of Regents of the University of Nevada, the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature;

      (h) Conduct surveys for and make recommendations as deemed necessary to the Office of Economic Development and the Governor’s Workforce Investment Board; and

      (i) Appoint a subcommittee on computer science consisting of at least three members to provide advice and recommendations to:

             (1) The State Board of Education, the Council to Establish Academic Standards for Public Schools, the boards of trustees of school districts and the governing bodies of charter schools and university schools for profoundly gifted pupils concerning the curriculum and materials for courses in computer science and computer education and technology and professional development for teachers who teach such courses; and

             (2) The Commission on Professional Standards in Education concerning the qualifications for licensing teachers and other educational personnel who teach courses in computer science or computer education and technology.

      2.  Each year the Council:

      (a) Shall establish an event in southern Nevada and an event in northern Nevada to recognize pupils in this State who demonstrate exemplary achievement in the fields of science, technology, engineering and mathematics. The events must be held at an institution of higher education in this State.

      (b) Shall establish a statewide event which must be held in Carson City to recognize not more than 15 schools in this State that have demonstrated exemplary performance in the fields of science, technology, engineering and mathematics.

      (c) May accept any gifts, grants or donations from any source for use in carrying out the provisions of this subsection.

      3.  The Council or a subcommittee of the Council may seek the input, advice and assistance of persons and organizations that have knowledge, interest or expertise relevant to the duties of the Council.

      4.  The State Board of Education and the Board of Regents of the University of Nevada shall consider the plans developed by the Advisory Council on Science, Technology, Engineering and Mathematics pursuant to paragraphs (a), (b) and (c) of subsection 1 and the written report submitted pursuant to paragraph (g) of subsection 1. The State Board of Education shall adopt such regulations as the State Board deems necessary to carry out the recommendations in the written report.

      (Added to NRS by 2013, 1011; A 2015, 2828, 2830; 2017, 4344) — (Substituted in revision for NRS 385.705)

OFFICE OF THE WESTERN REGIONAL EDUCATION COMPACT

      NRS 223.700  Creation; budget; appointment and classification of Director; employment and classification of additional personnel.

      1.  There is hereby created within the Office of the Governor the Office of the Western Regional Education Compact.

      2.  The Governor shall propose a budget for the Office of the Western Regional Education Compact.

      3.  The Governor shall appoint a Director of the Office of the Western Regional Education Compact. The Director is in the unclassified service of the State and serves at the pleasure of the Governor.

      4.  The Director may, within the limits of available money, employ such additional personnel as may be required to carry out the duties of the Office of the Western Regional Education Compact, who must be in the classified service of the State.

      (Added to NRS by 2015, 2122)

OFFICE OF WORKFORCE INNOVATION

      NRS 223.800  Creation; responsibility and accountability for apprenticeship.

      1.  The Office of Workforce Innovation is hereby created in the Office of the Governor.

      2.  The Office of Workforce Innovation has responsibility and accountability for apprenticeship within this State.

      (Added to NRS by 2017, 4329)

      NRS 223.810  Executive Director: Appointment; classification.

      1.  The Governor shall appoint the Executive Director of the Office of Workforce Innovation.

      2.  The Executive Director is not in the classified or unclassified service of the State and serves at the pleasure of the Governor.

      (Added to NRS by 2017, 4330)

      NRS 223.820  Executive Director: Duties.  The Executive Director of the Office of Workforce Innovation shall:

      1.  Provide support to the Office of the Governor, the Governor’s Workforce Development Board created by NRS 232.935 and the industry sector councils established by the Governor’s Workforce Development Board on matters relating to workforce development.

      2.  Work in coordination with the Office of Economic Development to establish criteria and goals for workforce development and diversification in this State.

      3.  Collect and systematize and present in biennial reports to the Governor and the Legislature such statistical details relating to workforce development in the State as the Executive Director of the Office may deem essential to further the objectives of the Office of Workforce Innovation.

      4.  At the direction of the Governor:

      (a) Identify, recommend and implement policies related to workforce development.

      (b) Define career pathways and identify priority career pathways for secondary and postsecondary education.

      (c) Discontinue career pathways offered by the State which fail to meet minimum standards of quality, rigor and cross-education alignment, or that do not demonstrate a connection to priority industry needs.

      (d) In consultation with the Governor’s Workforce Development Board, identify industry-recognized credentials, workforce development programs and education.

      (e) Maintain and oversee the statewide longitudinal data system that links data relating to early childhood education programs and K-12 public education with data relating to postsecondary education and the workforce in this State.

      (f) Collect accurate educational data in the statewide longitudinal data system for the purpose of analyzing student performance through employment to assist in improving the educational system and workforce training program in this State.

      (g) Apply for and administer grants, including, without limitation, those that may be available from funding reserved for statewide workforce investment activities.

      (h) Review the status and structure of local workforce investment areas in the State, in coordination with the Governor and the Governor’s Workforce Development Board.

      (i) Report periodically to the Governor’s Workforce Development Board concerning the administration of the policies and programs of the Office of Workforce Innovation.

      (j) On or before March 31 of each year, submit to the Governor a complete report of the activities, discussions, findings and recommendations of the Office of Workforce Innovation.

      (k) Oversee the State Apprenticeship Council and the State Apprenticeship Director pursuant to NRS 610.110 to 610.185, inclusive, and perform such other functions as may be necessary for the fulfillment of the intent and purposes of chapter 610 of NRS.

      (l) Suggest improvements regarding the allocation of federal and state money to align workforce training and related education programs in the State, including, but not limited to, career and technical education.

      (m) On or before January 1 of each year, collect and analyze data as needed to create a written report for the purposes of this paragraph, and submit such a report to the Director of the Legislative Counsel Bureau. The report must include, without limitation:

             (1) Statistical data based on an analysis of the number of persons within this State who are engaged in an occupation or profession that is regulated by a regulatory body in relation to the total population of this State or any geographic area within this State;

             (2) The demand within this State or any geographic area within this State for the types of services provided by persons within this State who are engaged in an occupation or profession that is regulated by a regulatory body; and

             (3) Any other factors relating to the types of services provided by persons within this State who are engaged in an occupation or profession that is regulated by a regulatory body that adversely affect public health or safety.

Ê As used in this paragraph, “regulatory body” has the meaning ascribed to it in NRS 622.060.

      (n) On or before January 1 of each year, submit to the Director of the Legislative Counsel Bureau a written report that includes, without limitation, the most current data and reports produced by the statewide longitudinal data system.

      (Added to NRS by 2017, 4330; A 2017, 2868, 3516)

      NRS 223.830  Agencies required to submit educational and workforce data for inclusion in statewide longitudinal data system maintained by Office.  The following public agencies shall submit educational and workforce data for inclusion in the statewide longitudinal data system maintained pursuant to paragraph (e) of subsection 4 of NRS 223.820:

      1.  The Department of Employment, Training and Rehabilitation.

      2.  The Department of Education.

      3.  The Nevada System of Higher Education.

      4.  The Department of Motor Vehicles.

      5.  Any other public agency which is directed by the Governor to submit such data.

      (Added to NRS by 2017, 4331)