2005 Nevada Revised Statutes - Chapter 233A — Indian Affairs

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 Authorizedexpenses.

NRS 233A.050 Chairman;meetings; quorum.

NRS 233A.055 ExecutiveDirector: Appointment; qualifications; classification; restrictions on otheremployment.

NRS 233A.065 ExecutiveDirector: Duties.

NRS 233A.070 ExecutiveDirector: Appointment of staff.

NRS 233A.080 Salaryand expenses of commissioners; payment of claims.

NRS 233A.090 Purpose;reports and recommendations.

NRS 233A.100 Powersof Commission.

Advisory Committee Concerning Childrens Health Insurance Program

NRS 233A.101 Definitions.

NRS 233A.102 AdvisoryCommittee defined.

NRS 233A.103 ChildrensHealth Insurance Program defined.

NRS 233A.104 AdvisoryCommittee: Creation; composition; terms of members; vacancies; meetings;Chairman.

NRS 233A.106 AdvisoryCommittee: Compensation of members.

NRS 233A.107 AdvisoryCommittee: Duties; Commission to consider advice and recommendations andprovide staff.

RIGHTS OF INDIANS

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

NRS 233A.120 Rightsof self-government preserved.

NRS 233A.130 Jurisdictionof administrative agencies not extended.

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NEVADA INDIAN COMMISSION

General Provisions

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

1. Chairman means the Chairman of the Nevada IndianCommission.

2. Commission means the Nevada Indian Commission.

3. Commissioner means a commissioner of the NevadaIndian Commission.

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

NRS 233A.020 Creation;members. The Nevada Indian Commission, consistingof 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 Governorshall appoint:

1. Three members who are Indians.

2. Two members who are representatives of the generalpublic.

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

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

(Added to NRS by 1965, 687)

NRS 233A.050 Chairman;meetings; quorum. The commissioners shalldesignate a Chairman. The commissioners may meet regularly at least four timeseach year and at such places and times as are specified by a call of theChairman or majority of the Commission. The Commission shall prescriberegulations for its own management. Three members of the Commission constitutea 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 ExecutiveDirector: Appointment; qualifications; classification; restrictions on otheremployment.

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

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

3. Except as otherwise provided in NRS 284.143, the Executive Director of theCommission shall devote his entire time to the duties of his office and shallnot 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 ExecutiveDirector: Duties. The Executive Director ofthe Commission shall:

1. Be jointly responsible to the Governor and theCommission.

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

3. Attend all Commission meetings and act asSecretary, keeping minutes and audio recordings or transcripts of theproceedings.

4. Report to the Governor and the Commission allmatters concerning the administration of his office. He shall request theadvice of the Commission regarding matters of policy, but he is responsible,unless otherwise provided by law, for the conduct of the administrativefunctions of the commission office.

5. Compile, for Commission approval and submission tothe Governor, a biennial report regarding the work of the Commission and suchother matters as he may consider desirable.

6. Serve as contracting officer to receive funds fromthe Federal Government or other sources for such studies as the Commissiondeems necessary.

7. Attend all meetings of any special study committeeappointed 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 he considers necessaryor desirable to carry out the purposes and provisions of this chapter.

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

NRS 233A.070 ExecutiveDirector: Appointment of staff. The ExecutiveDirector of the Commission may appoint such professional, technical, clericaland operational staff as the execution of his duties and the operation of theCommission may require.

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

NRS 233A.080 Salaryand expenses of commissioners; payment of claims.

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

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

3. Claims for payment of all expenses incurred by theCommission, including the salaries and expenses of its commissioners, must bemade 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 ofthe Commission shall be to study matters affecting the social and economicwelfare and well-being of American Indians residing in Nevada, including, butnot limited to, matters and problems relating to Indian affairs and to federaland state control, responsibility, policy and operations affecting suchIndians. The Commission shall recommend necessary or appropriate action, policyand legislation or revision of legislation and administrative agencyregulations pertaining to such Indians. The Commission shall make and reportfrom time to time its findings and recommendations to the Legislature, to theGovernor and to the public and shall so report at least biennially.

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

NRS 233A.100 Powersof Commission. The Commission may:

1. Appoint advisory committees whenever necessary orappropriate to assist and advise the Commission in the performance of itsduties 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 tocarry 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 andgroups and intertribal organizations in connection with its study orinvestigation 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 Childrens Health InsuranceProgram

NRS 233A.101 Definitions. As used in NRS233A.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 tothem in those sections.

(Added to NRS by 1999, 1429)

NRS 233A.102 AdvisoryCommittee defined. Advisory Committee meansthe Advisory Committee Concerning the Childrens Health Insurance Programcreated pursuant to NRS 233A.104.

(Added to NRS by 1999, 1429)

NRS 233A.103 ChildrensHealth Insurance Program defined. ChildrensHealth Insurance Program has the meaning ascribed to it in NRS 422.021.

(Added to NRS by 1999, 1429)

NRS 233A.104 AdvisoryCommittee: Creation; composition; terms of members; vacancies; meetings;Chairman.

1. There is hereby created in the Commission theAdvisory Committee concerning the Childrens Health Insurance Program. TheAdvisory Committee consists of:

(a) One member who is the chairman of a tribal councilor chief of a Nevada Indian tribe and is appointed by the governing body of aunit of the Indian Health Service that is designated to serve the health careneeds of Indians in the eastern portion of this state. The appointed member maydesignate a representative to serve in his absence.

(b) One member who is the chairman of a tribal councilor chief of a Nevada Indian tribe and is appointed by the governing body of aunit of the Indian Health Service that is designated to serve the health careneeds of Indians in the western portion of this state. The appointed member maydesignate a representative to serve in his absence.

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

(d) One member who is appointed by the governing boardof an organization that is partially funded by the Indian Health Service andwhich specifically serves the health care needs of Indians in each county whosepopulation is more than 100,000, but less than 400,000.

(e) One member who is appointed by the governing boardof an organization that is partially funded by the Indian Health Service andwhich specifically serves the health care needs of Indians in each county whosepopulation is 400,000 or more.

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

3. A vacancy occurring in the membership of theAdvisory Committee must be filled in the same manner as the originalappointment.

4. The Advisory Committee shall meet at least twiceannually.

5. At its first meeting and annually thereafter, theAdvisory Committee shall elect a Chairman from among its members.

(Added to NRS by 1999, 1429)

NRS 233A.106 AdvisoryCommittee: Compensation of members.

1. Each member of the Advisory Committee serveswithout compensation.

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

(Added to NRS by 1999, 1429)

NRS 233A.107 AdvisoryCommittee: Duties; Commission to consider advice and recommendations and providestaff.

1. The Advisory Committee shall:

(a) Provide written reports, analysis and advice to theCommission on matters related to the Childrens Health Insurance Program,including, without limitation, matters related to the enrollment of Indian childrenin the Program, outreach efforts to raise awareness about the Program amongIndians and other matters concerning the Program which affect Indians; and

(b) Make written recommendations concerning thosematters to the Commission.

2. The Commission shall:

(a) Consider the advice and recommendations of theAdvisory Committee and make any appropriate written recommendations to theDirector of the Department of Health and Human Services as a result of thisreview; and

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

(Added to NRS by 1999, 1430)

RIGHTS OF INDIANS

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

(Added to NRS by 1973, 1052)

NRS 233A.120 Rightsof self-government preserved. The provisions ofNRS 41.430 and 194.040 do not preclude Indian tribes whoare recognized by the United States as possessing powers of self-governmentfrom enacting their own laws, regulations and ordinances, and enforcing them bytheir own tribal courts in accordance with their rules of procedure, but noperson subject to the jurisdiction of such tribal court or governmentalorganization shall be denied any rights guaranteed by the constitutions of theUnited States or the State of Nevada.

(Added to NRS by 1973, 1052)

NRS 233A.130 Jurisdictionof administrative agencies not extended. Theprovisions of NRS 41.430 and 194.040 do not increase the power ofadministrative agencies of the State of Nevada to exercise their jurisdictionover persons living and residing upon tribal or Indian country with the consentof the Indian tribe having jurisdiction over that country, but the extent towhich 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)