2005 Nevada Revised Statutes - Chapter 233C — Organizations for the Promotion of Culture

CHAPTER 233C - ORGANIZATIONS FOR THEPROMOTION OF CULTURE

GENERAL PROVISIONS

NRS 233C.010 Definitions.

NRS 233C.011 Administratordefined.

NRS 233C.013 Boarddefined.

NRS 233C.015 Commissiondefined.

NRS 233C.017 Departmentdefined.

NRS 233C.019 Divisiondefined.

NRS 233C.020 Legislativedeclaration.

NEVADA ARTS COUNCIL

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

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

NRS 233C.040 Boardmembers: Qualifications; terms; removal.

NRS 233C.050 Boardmembers: Salary; expenses.

NRS 233C.060 Boardmeetings; quorum.

NRS 233C.070 Boardofficers; terms.

NRS 233C.090 Board:Duties; regulations.

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

NRS 233C.092 Periodicexamination of and report on physical condition of works of art acquired forinclusion in public works.

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

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

NEVADA CULTURAL FUND

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

NRS 233C.096 Administrationand expenditure of money in Fund.

NRS 233C.097 Regulations;report to Legislature.

ACCOUNT FOR LOCAL CULTURAL ACTIVITIES

NRS 233C.100 Creation;administration. [Expires by limitation if the Trustee fails to acceptadministration of the Account or fails to administer the Account afteracceptance.]

NRS 233C.110 Expenditureof money; employment of performers or technicians. [Expires by limitation ifthe Trustee fails to accept administration of the Account or fails toadminister the Account after acceptance.]

COMMISSION FOR CULTURAL AFFAIRS

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

NRS 233C.210 Planfor preservation and promotion of Nevadas cultural resources.

NRS 233C.220 Programfor Awarding Financial Assistance.

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

NRS 233C.230 Fundfor Preservation and Promotion of Cultural Resources.

_________

GENERAL PROVISIONS

NRS 233C.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS233C.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 Administratordefined. Administrator means the Administratorof the Division.

(Added to NRS by 2003, 630)

NRS 233C.013 Boarddefined. Board means the Board of theDivision created pursuant to NRS 233C.030.

(Added to NRS by 2003, 630)

NRS 233C.015 Commissiondefined. Commission means the Commission forCultural Affairs created pursuant to NRS233C.200.

(Added to NRS by 2003, 630)

NRS 233C.017 Departmentdefined. Department means the Department ofCultural Affairs.

(Added to NRS by 2003, 631)

NRS 233C.019 Divisiondefined. Division means the Nevada ArtsCouncil.

(Added to NRS by 2003, 631)

NRS 233C.020 Legislativedeclaration. The Legislature hereby determinesand declares that:

1. The giving of further recognition to the arts as avital aspect of our culture and heritage is an essential means of expanding theeducational programs and promoting the general welfare of the people of theState of Nevada.

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

3. Residents of this state desire increasedopportunity to view, enjoy or participate in the performing literary, visualand folk arts.

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

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

3. The Division:

(a) Shall cooperate with the State Public Works Boardand the Buildings and Grounds Division of the Department of Administration toplan the potential purchase and placement of works of art inside or on thegrounds surrounding a state building.

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

(Added to NRS by 2003, 631)

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

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

NRS 233C.040 Boardmembers: Qualifications; terms; removal.

1. The Governor shall appoint the members of the Boardfrom among residents of this state who are known for their knowledge of andexperience in the performing literary, visual and folk arts.

2. After the initial terms, the term of each member is4 years, except when appointed to fill unexpired terms.

3. A member may be removed by the Governor for threeunexcused 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 Boardmembers: Salary; expenses.

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

2. If provided for in the budget of the Division, eachmember 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 forstate officers and employees generally.

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

NRS 233C.060 Boardmeetings; quorum.

1. Except as otherwise provided in this subsection,meetings of the Board may be held twice in each calendar year. If provided forin the budget of the Division, meetings of the Board may be held morefrequently than twice in each calendar year at the discretion of the Chairmanof the Board.

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

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

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

NRS 233C.070 Boardofficers; terms.

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

2. The Administrator shall act as the nonvotingrecording Secretary of the Board.

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

4. No member of the Board may serve more than twoconsecutive 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 ofthe performing literary, visual and folk arts and encourage artistic expressionessential for the well-being of the arts, and make, before September 1 of eacheven-numbered year, a report covering the biennium ending June 30 of that yearto the Governor and the Legislature on its progress in this regard.

(b) Serve as an advocate of the arts and promote suchpolicies and viewpoints as in the opinion of the Board would benefit the artsthroughout this state.

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

(1) Strategic plans;

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

(3) Cultural policies and priorities for theState of Nevada.

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

(e) Assist the Division in the performance of actsnecessary to carry out the provisions of NRS233C.096.

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

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

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

3. The Board may adopt such regulations as it deemsnecessary 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.

1. The Administrator is appointed by the Director withspecial reference to the Administrators training, experience, capacity andinterest in the arts.

2. The Administrator must have:

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

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

3. The Administrator may employ, within the limits oflegislative appropriations, such staff as is necessary to the performance ofhis duties.

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

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

6. To carry out the provisions of this chapter andwithin the limit of money available to him, the Administrator may enter intocontracts and other lawful agreements with:

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

(b) Local, regional and national associations forcooperative endeavors furthering the mission and goals of the programs of theDivision.

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

8. As used in this section, Director means theDirector of the Department.

(Added to NRS by 2003, 631)

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

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

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

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

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

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

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

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

NEVADA CULTURAL FUND

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

1. The Nevada Cultural Fund is hereby created as aspecial revenue fund. The purposes of the Fund are to:

(a) Ensure a stable and healthy cultural climate inthis state;

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

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

The money inthe Fund must be used to augment and must not be used to replace or supplantany legislative appropriations to the Division.

2. Except as otherwise provided in subsection 4, theFund is a continuing fund without reversion. The money in the Fund must beinvested as the money in other state funds is invested. The interest and incomeearned on the money in the Fund, after deducting any applicable charges, mustbe credited to the Fund. Claims against the Fund must be paid as other claimsagainst the State are paid.

3. The Division may accept gifts, grants and donationsfrom any source for deposit in the Fund.

4. The State Board of Examiners may, upon making adetermination that any portion of any amount appropriated by the Legislaturefor deposit in the Fund is necessary to meet existing or future obligations ofthe State, recommend to the Interim Finance Committee that the amount so neededbe transferred from the Fund to the State General Fund. Upon approval of theInterim Finance Committee, the money may be so transferred.

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

NRS 233C.096 Administrationand expenditure of money in Fund. The Divisionshall administer the Nevada Cultural Fund and may expend only the amount of anygifts, grants, donations, interest and income credited to the Fund to:

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

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

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

4. Support initiatives and organizations thatencourage 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 andstandards for the eligibility for and use of any funding to be provided by theDivision pursuant to NRS 233C.096.

2. Report to each regular session of the Legislature:

(a) The amount of money expended from the NevadaCultural Fund;

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

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

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

ACCOUNT FOR LOCAL CULTURAL ACTIVITIES

NRS 233C.100 Creation;administration. [Expires by limitation if the Trustee fails to acceptadministration of the Account or fails to administer the Account afteracceptance.]

1. The Account for Local Cultural Activities is herebycreated in the State General Fund. The Account must be administered by theTrustee of the Music Performance Trust Funds, 1501 Broadway, New York City, NewYork.

2. If the Trustee signifies his acceptance in writingto the Secretary of State and furnishes a copy of his acceptance to the StateController, money from the Account must be paid out on claims by the Trustee asother claims against the State are paid.

(Added to NRS by 1987, 1788; A 1991, 1757)

NRS 233C.110 Expenditureof money; employment of performers or technicians. [Expires by limitation ifthe Trustee fails to accept administration of the Account or fails toadminister the Account after acceptance.]

1. The Trustee may use money from the Account forLocal Cultural Activities to support concerts, operas, ballets and publicdances:

(a) Which are presented in this State in public parks,public facilities, universities, colleges, schools, hospitals and otherinstitutions; and

(b) For which no fee is charged to the public,students, patients or other persons for attendance.

2. The costs for which the Trustee may expend moneyfrom the Account include the compensation of musicians, singers, otherperforming artists and necessary technicians, and the cost of theirtransportation to and from performances.

3. The Trustee may use no more than 10 percent of thetotal money expended for the payment of industrial insurance, unemploymentcompensation, federal taxes on employment and similar charges. In addition, hemay expend money from the Account to pay his actual expenses of travel inadministering the Account.

4. Employment of any performer or technician mustcomply with NRS 613.230 to 613.435, inclusive, and no reference toarrangement through a labor organization may be made with respect to anyperformance funded in whole or in part from the Account.

(Added to NRS by 1987, 1788; A 1991, 1758)

COMMISSION FOR CULTURAL AFFAIRS

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

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

(a) The Chairman of the Nevada Humanities Committee ora member of the Committee designated by him;

(b) The Chairman of the Board or a member of the Boarddesignated by him;

(c) The Chairman of the Board of Museums and History ora member of the Board of Museums and History designated by him;

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

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

(f) The Chairman of the State Council on Libraries andLiteracy or a member of the Council designated by him.

2. The Commission shall:

(a) Elect from its membership a Chairman who shallserve for a term of 2 years. A vacancy occurring in this position must befilled by election of the members of the Commission for the remainder of theunexpired term.

(b) Prescribe rules for its own management andgovernment.

(c) Meet biannually, or at more frequent times if itdeems necessary, and may, within the limitations of its budget, hold specialmeetings at the call of its Chairman.

3. Three members of the Commission constitute aquorum, but a majority of the members of the Commission is necessary toconsider the particular business before it and to exercise the power conferredon the Commission.

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

5. The Commission may use the money derived frominterest earned on the money in the Fund for the Preservation and Promotion ofCultural Resources created pursuant to NRS233C.230 to pay for:

(a) Any administrative services required by theCommission; and

(b) The per diem allowances and travel expenses ofmembers 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 Planfor preservation and promotion of Nevadas cultural resources.

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

(a) Preserve and promote Nevadas cultural resources;and

(b) Develop a network of cultural centers andactivities in this state.

2. The plan must include:

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

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

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

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 Programfor Awarding Financial Assistance. The Commissionmay, in establishing the Program for Awarding Financial Assistance:

1. Award financial assistance to governmental entitiesand nonprofit corporations formed for educational or charitable purposes,including, without limitation, the preservation or promotion of culturalresources.

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

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

(a) May become a recurring event without the necessityof 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 orprehistoric feature of Nevada;

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

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

(g) Incorporates the various disciplines directlyassociated with cultural resources.

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

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

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

1. The Commission shall determine annually the totalamount of financial assistance it will grant from the proceeds of bonds issuedpursuant to this section in that calendar year pursuant to NRS 233C.200 to 233C.230, inclusive. The Commission shallnotify the State Board of Examiners and the State Board of Finance of thatamount. In no case may the amount to be granted from the proceeds of such bondsexceed $3,000,000 per year.

2. After receiving the notice given pursuant tosubsection 1, the State Board of Finance shall issue general obligation bondsof the State of Nevada in the amount necessary to generate the amount to begranted by the Commission from the proceeds of bonds issued pursuant to thissection and to pay the expenses related to the issuance of the bonds. Theexpenses related to the issuance of bonds pursuant to this section must be paidfrom the proceeds of the bonds, and must not exceed 2 percent of the faceamount of the bonds sold. No public debt is created, within the meaning ofSection 3 of Article 9 of the Constitution of the State of Nevada, until theissuance of the bonds.

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

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

5. The amount of financial assistance granted from theproceeds of bonds issued pursuant to this section must not exceed $30,000,000in any 10-year period. The total face amount of the bonds issued pursuant tothis section must not exceed the sum of:

(a) The amount of financial assistance granted pursuantto this section; and

(b) The amount necessary to pay the expenses related tothe issuance of the bonds, which must not exceed 2 percent of the face amountof the bonds sold.

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

NRS 233C.230 Fundfor Preservation and Promotion of Cultural Resources.

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

2. Except as otherwise provided in subsection 5 of NRS 233C.200, the Commission may expendmoney in the Fund only for projects identified in the Commissions plan topromote and preserve the States cultural resources pursuant to NRS 233C.200 to 233C.230, inclusive. In addition to theamount of financial assistance granted from the proceeds of bonds issuedpursuant to NRS 233C.225, the Commissionmay grant as financial assistance not more than $750,000 each calendar year ofthe interest earned on the deposit or investment of the money in the Fund.

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

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

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

 

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