2005 Nevada Revised Statutes - Chapter 331 — Administration and Control of State Buildings, Grounds and Properties

Title 27 - PUBLIC PROPERTY AND PURCHASING

CHAPTER 331 - ADMINISTRATION AND CONTROL OFSTATE BUILDINGS, GROUNDS AND PROPERTIES

BUILDINGS AND GROUNDS DIVISION OF DEPARTMENT OF ADMINISTRATION

NRS 331.010 Definitions.

NRS 331.020 Administration.

NRS 331.040 Qualificationsof Chief.

NRS 331.060 Employeesof Buildings and Grounds Division.

NRS 331.070 Jurisdictionof Chief; requisition for repairs.

NRS 331.080 Authorizedexpenditures for maintenance and repairs.

NRS 331.085 Chiefauthorized to charge for extra services; deposit of receipts.

NRS 331.090 Chiefauthorized to accept rent from state agencies; deposit of rent in Buildings andGrounds Operating Fund.

NRS 331.093 Reportof capital improvements.

NRS 331.095 Programto track use of energy in buildings owned by State or occupied by state agency.

NRS 331.097 Programfor rental of equipment and property from other using agencies.

NRS 331.100 Specificpowers and duties of Chief.

NRS 331.101 Buildingsand Grounds Operating Fund: Creation; payment of operating costs.

NRS 331.102 Buildingsand Grounds Operating Fund: Payment by state agencies of cost of renting spacein building.

NRS 331.103 Departmentof Administrations Communications Fund: Creation; claims.

NRS 331.104 Departmentof Administrations Communications Fund: Revenue.

NRS 331.105 CentralMailing Room: Establishment; maintenance.

NRS 331.110 Leaseof offices outside state buildings.

NRS 331.120 Assignmentof space by Chief.

NRS 331.130 CapitolBuilding: Maintenance and management; Government Museum under management ofMuseum Director of Nevada State Museum.

NRS 331.133 CapitolBuilding: Government Museum; duties of Museum Director of Nevada State Museum.

NRS 331.135 Legislativebuilding and grounds: Control by Legislature; assignment of space; maintenance.

NRS 331.137 Paymentof costs of construction and renovation of purchasing warehouse building.

NRS 331.140 Protectionof state property and persons on property; assistance from personnel appointedto Capitol Police Division of Department of Public Safety.

NRS 331.145 Dutyto remove or cover graffiti placed on state property; action to recover civilpenalty and damages.

GOVERNORS MANSION

NRS 331.155 Inventoriesof property; missing or damaged property; losses.

MARLETTE LAKE WATER SYSTEM

NRS 331.160 Creation;purposes; supervision and administration; employees; request for issuance ofbonds to finance improvement and modernization; legislative declaration.

NRS 331.170 StateDepartment of Conservation and Natural Resources: Control and administration ofland; cooperation with Department of Administration and Board of WildlifeCommissioners.

NRS 331.180 MarletteLake Water System Fund: Creation; use.

RISK MANAGEMENT DIVISION

NRS 331.182 Chiefof Division: General duties.

NRS 331.183 StateRisk Manager: Conflicts of interest prohibited.

NRS 331.184 StateRisk Manager: Duties.

NRS 331.1845 StateRisk Manager: Employment of staff.

NRS 331.186 Factorsfor determining need for, form and amount of insurance coverages.

NRS 331.187 Fundfor Insurance Premiums: Creation; deposits; expenditures.

NRS 331.188 Fundfor Insurance Premiums: Deposit of money received from insurance companies inpayment of losses incurred on state buildings or property; exception.

PROHIBITED ACTS AND PENALTIES

NRS 331.190 Sale,gift or disposal of liquor in capitol unlawful.

NRS 331.200 Damageto or destruction of capitol grounds or other state property unlawful.

NRS 331.210 Capitoldecorations, minerals and curios not to be removed; exception.

NRS 331.220 Surreptitiouselectronic surveillance prohibited; exceptions.

_________

BUILDINGS AND GROUNDS DIVISION OF DEPARTMENT OFADMINISTRATION

NRS 331.010 Definitions. As used in NRS 331.010to 331.145, inclusive, unless thecontext otherwise requires:

1. Buildings and Grounds Division means theBuildings and Grounds Division of the Department of Administration.

2. Chief means the Chief of the Buildings andGrounds Division.

3. Director means the Director of the Department ofAdministration.

[1:320:1949; 1943 NCL 6976.21](NRS A 1963, 1050;1973, 1462; 1993, 916, 1557; 1995, 346, 579, 2307; 1997, 1312; 2005, 1401)

NRS 331.020 Administration. The Buildings and Grounds Division shall administer theprovisions of NRS 331.010 to 331.145, inclusive, subject to administrativesupervision by the Director.

[2:320:1949; 1943 NCL 6976.22](NRS A 1963, 1050;1997, 1312)

NRS 331.040 Qualificationsof Chief. The Chief must be selected with specialreference to his training, experience, capacity and interest in the activitiesembraced within NRS 331.010 to 331.145, inclusive.

[4:320:1949; 1943 NCL 6976.24](NRS A 1993, 1558;1997, 1313)

NRS 331.060 Employeesof Buildings and Grounds Division.

1. The Chief shall, within the limits of legislativeappropriations, employ such clerks, engineers, electricians, painters,mechanics, janitors, gardeners and other persons as may be necessary to carryout the provisions of NRS 331.010 to 331.145, inclusive.

2. The employees shall perform duties as assigned bythe Chief.

3. The Chief is responsible for the fitness and goodconduct of all employees.

[12:320:1949; 1943 NCL 6976.32](NRS A 1959, 160;1967, 1493; 1971, 1430; 1973, 1462; 1985, 273, 365; 1993, 1558, 2530; 1995,703, 2307; 1997, 1313)

NRS 331.070 Jurisdictionof Chief; requisition for repairs.

1. The Chief shall have supervision over and controlof all state buildings, grounds and properties not otherwise provided for bylaw except for any buildings, grounds or other properties owned or leased byboards that are exempt from the provisions of chapter353 of NRS pursuant to NRS 353.005.

2. The Chief shall direct the making of all repairsand improvements on the buildings, grounds and properties over which the Chiefhas supervision and control pursuant to subsection 1.

3. All officers, departments, boards, commissions andagencies shall make requisition upon the Chief for any repairs or improvementsnecessary in buildings or parts thereof over which the Chief has supervisionand control that are owned by or leased to the State and occupied by suchofficers, departments, boards, commissions or agencies.

[5:320:1949; A 1953, 198](NRS A 1967, 962; 1993,1558; 2005, 5)

NRS 331.080 Authorizedexpenditures for maintenance and repairs.

1. The Chief may expend appropriated money to meetexpenses for the care, maintenance and preservation of the buildings, groundsand their appurtenances identified in NRS331.070, and for the repair of the furniture and fixtures therein.

2. He shall take proper precautions against damagethereto, or to the furniture, fixtures or other public property therein.

[Part 6:320:1949; A 1953, 198](NRS A 1993, 1558)

NRS 331.085 Chiefauthorized to charge for extra services; deposit of receipts. The Chief may charge the various state departments,agencies and institutions for the cost of labor and materials for extraservices provided to their respective offices by the Buildings and GroundsDivision. Extra services for which these charges may be made include, but arenot limited to, office remodeling, furniture construction and moving. Moneyreceived by the Chief for this purpose must be deposited in the Buildings andGrounds Operating Fund in the State Treasury.

(Added to NRS by 1973, 296; A 1993, 1558)

NRS 331.090 Chiefauthorized to accept rent from state agencies; deposit of rent in Buildings andGrounds Operating Fund. The Chief may acceptrent money from various departments and agencies that are occupying space inthe various state-owned buildings. The rent money must be deposited in theBuildings and Grounds Operating Fund in the State Treasury.

[Part 6:320:1949; A 1953, 198](NRS A 1957, 299;1967, 963; 1993, 1559)

NRS 331.093 Reportof capital improvements.

1. The Chief shall, for each fiscal year, compile areport concerning the capital improvements owned, leased pursuant to alease-purchase agreement or operated by the State.

2. The report of the capital improvements requiredpursuant to subsection 1 must be prepared in such detail as is required bygenerally accepted accounting principles.

3. The Chief shall submit, in any format including anelectronic format, a copy of the report compiled pursuant to subsection 1 on orbefore February 1 of the year next succeeding the period to which the reportpertains to the Director of the Legislative Counsel Bureau for distribution toeach regular session of the Legislature.

(Added to NRS by 2005, 1401)

NRS 331.095 Programto track use of energy in buildings owned by State or occupied by state agency.

1. The Chief shall establish a program to track theuse of energy in buildings owned by the State and may establish such a program,where appropriate, for other buildings occupied by a state agency.

2. The program established pursuant to this sectionmust:

(a) Record utility bills for each building for eachmonth and preserve those records indefinitely;

(b) Allow for the comparison of utility bills for abuilding from month to month and year to year;

(c) Allow for the comparison of utility bills betweenbuildings, including comparisons between similar buildings or types ofbuildings;

(d) Allow for adjustments to the information based uponvariations in weather conditions, the length of the billing period and otherchanges in relevant conditions;

(e) Facilitate identification of errors in utilitybills and meter readings;

(f) Allow for the projection of costs for energy for abuilding; and

(g) Identify energy and cost savings associated withefforts to conserve energy.

3. The Chief may apply for any available grants andaccept any gifts, grants or donations to assist in establishing and carryingout the program.

4. To the extent that there is not sufficient moneyavailable for the support of the program, each state agency that occupies abuilding in which the use of energy is tracked pursuant to the program shallreimburse the Buildings and Grounds Division for the agencys proportionateshare of the unfunded portion of the cost of the program. The reimbursementmust be based upon the energy consumption of the respective state agencies thatoccupy buildings in which the use of energy is tracked.

(Added to NRS by 1993, 915; A 1995, 649)

NRS 331.097 Programfor rental of equipment and property from other using agencies.

1. Each using agency shall include with its annualinventory a report listing all of the equipment and property that the agencyuses seasonally or intermittently which may be available for use by otheragencies.

2. The report must be submitted on a form furnished bythe Purchasing Division.

3. The Chief of the Purchasing Division shallestablish and administer a program pursuant to which a using agency may rentequipment and property from another using agency. The Chief of the PurchasingDivision shall, as part of the program:

(a) Establish a list of equipment and property based onthe reports filed by each using agency;

(b) Determine which equipment and property is availablefor rental;

(c) After consulting with each using agency which hasequipment and property available for rental, establish a schedule of fees forthe rental of such equipment and property; and

(d) Distribute to each using agency:

(1) A list of all equipment and propertyavailable for rental and the fees therefor; and

(2) The procedure each using agency must followin the rental of the equipment and property.

4. As used in this section, using agency has themeaning ascribed to it in NRS 333.020.

(Added to NRS by 1995, 1040)

NRS 331.100 Specificpowers and duties of Chief. The Chief has thefollowing specific powers and duties:

1. To keep all buildings, rooms, basements, floors,windows, furniture and appurtenances clean, orderly and presentable asbefitting public property.

2. To keep all yards and grounds clean andpresentable, with proper attention to landscaping and horticulture.

3. Under the supervision of the State Fire Marshal, tomake arrangements for the installation and maintenance of water sprinklersystems, fire extinguishers, fire hoses and fire hydrants, and to take otherfire prevention and suppression measures, necessary and feasible, that mayreduce the fire hazards in all buildings under his control.

4. To make arrangements and provision for themaintenance of the states water system supplying the state-owned buildings atCarson City, with particular emphasis upon the care and maintenance of waterreservoirs, in order that a proper and adequate supply of water be available tomeet any emergency.

5. To make arrangements for the installation andmaintenance of water meters designed to measure accurately the quantity ofwater obtained from sources not owned by the State.

6. To make arrangements for the installation andmaintenance of a lawn sprinkling system on the grounds adjoining the CapitolBuilding at Carson City, or on any other state-owned grounds where suchinstallation is practical or necessary.

7. To investigate the feasibility, and economiesresultant therefrom, if any, of the installation of a central power meter, tomeasure electrical energy used by the State buildings in the vicinity of andincluding the Capitol Building at Carson City, assuming the buildings wereserved with power as one unit.

8. To purchase, use and maintain such supplies andequipment as are necessary for the care, maintenance and preservation of thebuildings and grounds under his supervision and control.

9. Subject to the provisions of chapter 426 of NRS regarding the operation ofvending stands in or on public buildings and properties by blind persons, toinstall or remove vending machines and vending stands in the buildings underhis supervision and control, and to have control of and be responsible fortheir operation.

10. To cooperate with the Nevada Arts Council and theState Public Works Board to plan the potential purchase and placement of worksof art inside or on the grounds surrounding a state building.

[7:320:1949; 1943 NCL 6976.27](NRS A 1959, 171;1967, 1096; 1993, 1559; 1995, 419; 1997, 3156; 2003, 638)

NRS 331.101 Buildingsand Grounds Operating Fund: Creation; payment of operating costs.

1. The Buildings and Grounds Operating Fund is herebycreated as an internal service fund.

2. All costs of administering the provisions of NRS 331.010 to 331.145, inclusive, must be paid out of theBuildings and Grounds Operating Fund as other claims against the State arepaid.

(Added to NRS by 1967, 963; A 1979, 104; 1981, 255;1997, 1313)

NRS 331.102 Buildingsand Grounds Operating Fund: Payment by state agencies of cost of renting spacein building.

1. The Chief shall:

(a) Maintain accurate records reflecting the costs ofadministering the provisions of NRS 331.010to 331.145, inclusive.

(b) Between July 1 and August 1 of each even-numberedyear, determine, on the basis of experience during the 2 preceding fiscalyears, the estimated cost per square foot of rentable area of carrying out thefunctions of the Buildings and Grounds Division for the 2 succeeding fiscalyears, and inform each department, agency and institution operating under theprovisions of NRS 331.010 to 331.145, inclusive, of the cost.

2. Each department, agency and institution occupyingspace in state-owned buildings maintained by the Buildings and GroundsDivision, shall include in its budget for each of the 2 succeeding fiscal yearsan amount of money equal to the cost per budgeted square foot of rentable area,as determined by the Chief, multiplied by the number of rentable square feetoccupied by each department, agency or institution.

3. Except as otherwise provided in subsection 4, onJuly 1 of each year each department, agency or institution shall pay to theChief for deposit in the Buildings and Grounds Operating Fund the amount ofmoney appropriated to or authorized for the department, agency or institutionfor building space rental costs pursuant to its budget.

4. Any state department, agency or institution may paybuilding space rental costs required pursuant to subsection 3 on a date ordates other than July 1, if compliance with federal law or regulation sorequires.

(Added to NRS by 1967, 963; A 1969, 821; 1993, 1559;1997, 1313)

NRS 331.103 Departmentof Administrations Communications Fund: Creation; claims.

1. The Department of Administrations CommunicationsFund is hereby created as an internal service fund. The Fund is a continuingfund, and its money may not revert to the State General Fund at any time.

2. Claims against the Fund which are approved by theChief must be paid as other claims against the State are paid.

3. Claims must be made in accordance with budget andquarterly work allotments and subject to postaudit examination and approval.

(Added to NRS by 1967, 964; A 1979, 104; 1981, 256;1993, 1560; 2003, 628)

NRS 331.104 Departmentof Administrations Communications Fund: Revenue.

1. All revenue resulting from:

(a) Postage sold to state officers, departments andagencies; and

(b) Charges for proportionate costs of mail serviceoperation,

must bedeposited in the State Treasury for credit to the Department of AdministrationsCommunications Fund.

2. The formula for spreading costs of operation mustbe adjusted from time to time to preserve the Fund at not less than its initiallevel.

(Added to NRS by 1967, 964; A 1979, 104; 1989, 1685;1993, 1560)

NRS 331.105 CentralMailing Room: Establishment; maintenance.

1. The Chief shall establish and conduct a CentralMailing Room for all state officers, departments and agencies located at CarsonCity, Nevada.

2. Any state officer, department or agency may use theCentral Mailing Room facilities if the state officer, department or agency paysthe cost of their use as determined by the Chief.

3. The staff of the Central Mailing Room shall deliverincoming mail and pick up and process outgoing mail, except outgoing parcelpost from the Legal Division of the Legislative Counsel Bureau, other thaninteroffice mail, of all state officers, departments and agencies using thecentral mailing room facilities.

(Added to NRS by 1959, 573; A 1960, 106; 1963, 133,1024; 1973, 627; 1979, 105; 1993, 1560)

NRS 331.110 Leaseof offices outside state buildings.

1. Except as otherwise provided in subsection 2, theChief may lease and equip office rooms outside of state buildings for the useof state officers and employees, whenever sufficient space for the officers andemployees cannot be provided within state buildings, but no such lease mayextend beyond the term of 1 year unless it is reviewed and approved by amajority of the members of the State Board of Examiners. The Attorney Generalshall approve each lease entered into pursuant to this subsection as to formand compliance with law.

2. The provisions of subsection 1 do not apply tostate officers and employees of boards that are exempt from the provisions of chapter 353 of NRS pursuant to NRS 353.005.

[8:320:1949; 1943 NCL 6976.28](NRS A 1971, 172;1993, 1561; 2001, 809;2005, 5)

NRS 331.120 Assignmentof space by Chief.

1. Except as otherwise provided in NRS 331.130 and 331.135, the Chief shall assign the roomsin the Capitol Building, and rooms elsewhere used by the State, and shalldetermine the occupancy thereof in such manner as the public service may require.

2. The executive and administrative officers,departments, boards, commissions and agencies of the State must be providedwith suitable quarters which must, so far as is expedient, be in Carson City.As used in this subsection, boards does not include boards that are exemptfrom the provisions of chapter 353 of NRSpursuant to NRS 353.005.

3. The Chief shall provide suitable office space forthe use of the Governor-Elect and expend money for incidental expensesconnected therewith. The provisions of this subsection do not apply if theincumbent Governor is elected to succeed himself.

4. The Chief may provide suitable space in the CapitolBuilding for the permanent use of accredited members of the press and for theinstallation of communication equipment.

[9:320:1949; 1943 NCL 6976.29](NRS A 1959, 278;1967, 197; 1969, 111; 1971, 828; 1973, 59; 1993, 1561; 2005, 5)

NRS 331.130 CapitolBuilding: Maintenance and management; Government Museum under management ofMuseum Director of Nevada State Museum.

1. At all times the maintenance of the CapitolBuilding is under the supervision of the Chief, and it must be kept clean,orderly and presentable as befitting public property.

2. The former Assembly, Senate and Supreme Courtchambers on the second floor of the Capitol Building are under the managementof the Museum Director of the Nevada State Museum for the purpose of establishingand maintaining a Government Museum. The remainder of the second floor of theCapitol Building is under the management of the Chief.

[10:320:1949; 1943 NCL 6976.30](NRS A 1957, 299;1967, 198; 1971, 829; 1993, 1561; 2001, 938)

NRS 331.133 CapitolBuilding: Government Museum; duties of Museum Director of Nevada State Museum. The Museum Director of the Nevada State Museum shall:

1. Prepare and present exhibits in the GovernmentMuseum.

2. Conduct, in an appropriate manner, tours of theGovernment Museum.

3. In cooperation with other state agencies anddepartments, provide for the security of the Government Museum.

(Added to NRS by 1971, 829; A 2001, 939)

NRS 331.135 Legislativebuilding and grounds: Control by Legislature; assignment of space; maintenance.

1. The Legislature reserves the supervision andcontrol, both during and between legislative sessions, of:

(a) The entire legislative building, including itschambers, offices and other rooms, and its furnishings and equipment.

(b) A portion of the parcel of land bounded on the westby Carson Street, on the south by Fifth Street, on the east by Fall Street, andon the north by the sidewalk along the south fence of the capitol grounds,situated in a portion of the Capitol Complex, as shown on the Record of SurveyMap No. 297, Official Records of Carson City, Nevada, File No. 3043, section17, T. 15 N., R. 20 E., M.D.M., more particularly described as follows:

 

Beginning at the southwestcorner of block 36, Sears Thompson Sears Division, as shown on that record ofsurvey;

Thence N 895232 E, a distance of 443.93 feet;

Thence N 001215 E, a distance of 302.14 feet;

Thence N 444745 W, a distance of 189.88 feet tothe north side of an existing sidewalk;

Thence N 893933 W, along that sidewalk, a distanceof 97.13 feet to the east side of an existing sidewalk;

Thence N 001426 E, along that sidewalk, a distanceof 270.00 feet, more or less, to the north line of a sidewalk;

Thence N 894745 W, along that sidewalk, a distanceof 212.50 feet, to the east right-of-way line of Carson Street;

Thence S 001308 W, along that line, a distance of709.40 feet, more or less, to the true point of beginning.

Containing 5.572 acres, moreor less.

 

(c) The entire parcel of land bounded on the north byFifth Street, on the south by Sixth Street, on the east by Stewart Street andon the west by Plaza Street, also described as blocks 2 and 3, Pierson andGoodridge Addition; and that portion of Fall Street between Fifth Street andSixth Street abandoned by Carson City on April 26, 1990, Meeting Agenda Item 9M-89/90-10. Also the entire parcel of land bounded on the north by the southboundary line of block 2, Pierson and Goodridge Addition, on the south bySeventh Street, on the east by Stewart Street and on the west by Fall Street,and further described as block 7, Pierson and Goodridge Addition.

(d) The entire parcel of land bounded on the north bySixth Street, on the south by Seventh Street, on the east by Fall Street, andon the west by Plaza Street, also described as block 6, Pierson and GoodridgeAddition.

(e) The entire parcel of land bounded on the north byFourth Street, on the west by Stewart Street, on the south by Fifth Street, andon the east by the abandoned right-of-way of Valley Street, also described asblock 39 of Sears Thompson Sears Division of Carson City; and the west 30.00feet of the abandoned right-of-way of Valley Street abutting block 39 of SearsThompson Sears Division. Excepting therefrom that portion of Stewart and FifthStreets deeded to the State of Nevada through its Department of Transportationas recorded in book 283, page 208, of Deeds, Carson City, Nevada.

(f) Any other property acquired for the use of theLegislature or its staff.

2. The Director of the Legislative Counsel Bureau:

(a) Shall provide an individual office for eachLegislator whose position as an officer or as a chairman of a committee doesnot otherwise entitle him to occupy an assigned office.

(b) May assign the use of space in the legislativebuilding or other legislative facilities or on the legislative grounds in sucha manner as the Legislative Commission prescribes.

3. The Director of the Legislative Counsel Bureaushall cause the legislative building, chambers and grounds and otherlegislative facilities to be kept in good repair, clean, orderly andpresentable as befits public property and the dignity of the Legislature. Forthis purpose he may, in addition to his general power to employ or contract forthe services of personnel, contract with any private enterprise or governmentalagency for the provision of appropriate services.

(Added to NRS by 1969, 487; A 1973, 60; 1975, 419;1977, 399; 1981, 354; 1989, 1617, 2006; 1991, 943; 2001, 3206)

NRS 331.137 Paymentof costs of construction and renovation of purchasing warehouse building.

1. Commencing July 1, 1995, and continuing until theconstruction costs of $193,310 for the purchasing warehouse building in Reno,Nevada, have been paid, the Buildings and Grounds Division shall pay annuallyto the State Treasurer for deposit in the State Treasury to the credit of theState General Fund 2 percent of the buildings original acquisition cost.

2. Commencing July 1, 1995, and continuing until theconstruction costs of $734,000 for the addition to the purchasing warehousebuilding in Reno, Nevada, have been paid, the Buildings and Grounds Divisionshall pay annually to the State Treasurer for deposit in the State Treasury tothe credit of the State General Fund 2 percent of the construction costs ofthat addition.

3. Commencing July 1, 1995, and continuing until therenovation costs of $104,234 for the purchasing warehouse building in Reno,Nevada, have been paid, the Buildings and Grounds Division shall pay annuallyto the State Treasurer for deposit in the State Treasury to the credit of theState General Fund 5 percent of the buildings renovation costs, including thecosts of debt service that are incurred.

(Added to NRS by 1995, 346)

NRS 331.140 Protectionof state property and persons on property; assistance from personnel appointedto Capitol Police Division of Department of Public Safety.

1. The Chief shall take proper care to prevent anyunlawful activity on or damage to any state property under his supervision andcontrol, and to protect the safety of any persons on that property.

2. The Director of the Department of Public Safetyshall appoint to the Capitol Police Division of that Department such personnelas may be necessary to assist the Chief of the Buildings and Grounds Divisionin the enforcement of subsection 1. The salaries and expenses of the personnelappointed pursuant to this subsection must, within the limits of legislativeauthorization, be paid out of the Buildings and Grounds Operating Fund.

[13:320:1949; 1943 NCL 6976.33](NRS A 1993, 1561,2530; 1995, 703, 2307; 2001,2598)

NRS 331.145 Dutyto remove or cover graffiti placed on state property; action to recover civilpenalty and damages.

1. The Chief shall remove or cover all evidence thatgraffiti has been placed on the real or personal property which is owned orotherwise controlled by the State within 15 days after he discovers thegraffiti or as soon as practicable.

2. The Chief may bring an action against a personresponsible for placing graffiti on the property to recover a civil penalty anddamages for the cost of removing or covering the graffiti placed on suchproperty.

3. As used in this section, graffiti means anyunauthorized inscription, word, figure or design that is marked, etched,scratched, drawn or painted on the public or private property, real orpersonal, of another, which defaces such property.

(Added to NRS by 1995, 740; A 1997, 512)

GOVERNORS MANSION

NRS 331.155 Inventoriesof property; missing or damaged property; losses.

1. It is the intent of the Legislature in enactingthis section that permanence of the gifts and property purchased from donationsgiven by the people of the State of Nevada for the Governors mansion beassured.

2. After April 21, 1969, a detailed inventory must betaken of state property of the Governors mansion by the Chief of thePurchasing Division of the Department of Administration. Any new acquisitionsthereafter must be added to the inventory. During December of 1970 and duringDecember of every fourth year thereafter, and immediately upon the successionof a Lieutenant Governor to occupancy of the mansion whenever this occurs, theChief of the Purchasing Division of the Department of Administration shallconduct an inventory of all property belonging to the Governors mansion.

3. The replacement of missing or damaged propertybelonging to the Governors mansion is the responsibility of the Governor orActing Governor occupying the mansion since the preceding inventory, except:

(a) Where damage is caused by normal wear and tear.

(b) Where there is a loss due to theft, flood, fire orsome other cause beyond the control of the Governor or his immediate family ifsuch loss is reported to the Chief of the Purchasing Division of the Departmentof Administration immediately after such loss is discovered.

(Added to NRS by 1969, 869; A 1973, 1465; 1993, 1562)

MARLETTE LAKE WATER SYSTEM

NRS 331.160 Creation;purposes; supervision and administration; employees; request for issuance ofbonds to finance improvement and modernization; legislative declaration.

1. The Marlette Lake Water System, composed of thewater rights, easements, pipelines, flumes and other fixtures and appurtenancesused in connection with the collection, transmission and storage of water inCarson City and Washoe and Storey Counties, Nevada, acquired by the State ofNevada pursuant to law, is hereby created.

2. The purposes of the Marlette Lake Water System are:

(a) To provide adequate supplies of water to the areasserved.

(b) To maintain distribution lines, flumes, dams,culverts, bridges and all other appurtenances of the system in a conditioncalculated to assure dependable supplies of water.

(c) To sell water under equitable and fiscally soundcontractual arrangements. Any such contractual arrangements must not includethe value of the land comprising the watershed as an element in determining thecost of water sold.

3. The Department of Administration is designated asthe state agency to supervise and administer the functions of the Marlette LakeWater System.

4. The Director of the Department of Administrationmay assign the supervision and administration of the functions of the MarletteLake Water System to one of the divisions of the Department or may establish aseparate division to carry out the purposes of this section and NRS 331.170 and 331.180. Subject to the limit of moneyprovided by legislative appropriation or revenues whose expenditure isauthorized by law, the chief of that division shall employ necessary staff tocarry out the provisions of this section and NRS331.170 and 331.180.

5. The Director of the Department of Administrationshall:

(a) Establish the value of water to be distributed fromthe Marlette Lake Water System.

(b) Include in the water rate structure provisions forrecovery, over a reasonable period, of the major capital costs of improving andmodernizing the System.

(c) Assure that the rate structure is equitable for allpresent and potential customers.

6. The Director of the Department of Administrationmay request the State Board of Finance to issue general obligation bonds of theState or revenue bonds in an aggregate principal amount not to exceed$25,000,000 to finance the capital costs of improving and modernizing theMarlette Lake Water System. Before any revenue bonds are issued pursuant tothis subsection, the State Board of Finance must determine that sufficientrevenue will be available in the Marlette Lake Water System Fund to pay theinterest and installments of principal as they become due. The provisions of NRS 349.150 to 349.364, inclusive, apply to the issuanceof state securities pursuant to this subsection.

7. The Legislature finds and declares that theissuance of state securities and the incurrence of indebtedness pursuant tosubsection 6 is necessary for the protection and preservation of the naturalresources of this State and for the purpose of obtaining the benefits thereof,and constitutes an exercise of the authority conferred by the second paragraphof Section 3 of Article 9 of the Constitution of the State of Nevada.

(Added to NRS by 1963, 1312; A 1967, 1494; 1969, 331,871; 1971, 1430; 1973, 1379, 1463; 1979, 12; 1993, 1562; 2005, 107)

NRS 331.170 StateDepartment of Conservation and Natural Resources: Control and administration ofland; cooperation with Department of Administration and Board of WildlifeCommissioners.

1. The State Department of Conservation and NaturalResources shall control and administer the land acquired by the State of Nevadawith the purchase of the Marlette Lake Water System, to assure its optimum usefor recreation, water development, forestry and fishery.

2. The State Department of Conservation and NaturalResources shall cooperate with the Department of Administration:

(a) To preserve and protect the sources of water; and

(b) To preserve and improve the watershed.

3. The State Department of Conservation and NaturalResources shall cooperate with the Board of Wildlife Commissioners in the useof Marlette Lake and its tributaries for fishery and propagation.

(Added to NRS by 1963, 1313; A 1969, 872; 1973, 1380,1465; 1979, 907; 1993, 1564)

NRS 331.180 MarletteLake Water System Fund: Creation; use.

1. The Marlette Lake Water System Fund is hereby createdas an enterprise fund. Money in the Fund may not revert to the State GeneralFund or be transferred to any other fund.

2. The Marlette Lake Water System Fund must be usedfor the:

(a) Deposit of revenue resulting from the sale of waterand any other receipts.

(b) Payment of costs of operation in accordance withthe provisions of chapter 353 of NRS.

(c) Repayment of bonds issued pursuant to NRS 331.160 for which money in the Fund hasbeen pledged.

(Added to NRS by 1963, 1313; A 1979, 13; 2005, 108)

RISK MANAGEMENT DIVISION

NRS 331.182 Chiefof Division: General duties. The Chief of theRisk Management Division shall:

1. Act as State Risk Manager.

2. Administer the provisions of law relating to hisDivision, subject to the administrative supervision of the Director of theDepartment of Administration.

(Added to NRS by 1979, 627)

NRS 331.183 StateRisk Manager: Conflicts of interest prohibited. TheState Risk Manager shall not:

1. Engage in any other occupation, business oractivity that is in any way inconsistent with the performance of his duties asRisk Manager, nor shall he hold any public office.

2. Directly or indirectly solicit or receive anyassessment, subscription, contribution or service, whether voluntary orinvoluntary, for any political purpose, from any person within or without theState.

3. Act as an officer or manager for any candidate,political party or committee organized to promote the candidacy of any personfor public office.

(Added to NRS by 1979, 627)

NRS 331.184 StateRisk Manager: Duties. The State Risk Managershall:

1. Direct and supervise all administrative andtechnical activities of the Risk Management Division.

2. Determine the nature and extent of requirements forinsurance, other than group life, accident or health insurance, on risks of aninsurable nature of the State and any of its agencies, the premiums for whichare payable in whole or in part from public money.

3. Negotiate for, procure, purchase and have placed,through a licensed insurance agent or broker residing or domiciled in Nevada,or continued in effect all insurance coverages, other than employee group life,accident or health insurance, which may be reasonably obtainable, whether frominsurers authorized to transact business in this state or under the surpluslines provisions of chapter 685A of NRS.

4. Conduct periodic inspections of premises, propertyand risks to determine insurability, risk and premium rate, and submit awritten report of each inspection and appraisal, together with anyrecommendations that appear appropriate, to the administrator of the agencymost responsible for the premises, property or risk, and to the Director of theDepartment of Administration.

5. Provide for self-insurance if the potential loss isrelatively insignificant or if the risk is highly predictable and theprobability of loss is so slight that the cost of insuring the risk is not aprudent expenditure of public funds, or if insurance is unavailable orunavailable at a reasonable cost.

6. Select reasonable deductibles when it appearseconomically advantageous to the State to do so.

7. Select comprehensive and blanket coverages insuringthe property of two or more state agencies when that appears economicallyadvisable.

8. Investigate and determine the reliability andfinancial condition of insurers, and the services they provide.

9. Minimize risks by adopting and promoting programsto control losses and encourage safety.

10. Perform any of the services described in subsections2, 3 and 4 for any political subdivision of the State at the request of itsmanaging officer or governing body.

11. Perform any other function of risk management asdirected by the Director of the Department of Administration.

(Added to NRS by 1979, 627; A 1991, 664; 1999, 3041)

NRS 331.1845 StateRisk Manager: Employment of staff. The StateRisk Manager may employ such staff as is necessary for the performance of hisduties, within limits of legislative appropriations or other available money.

(Added to NRS by 1999, 3041)

NRS 331.186 Factorsfor determining need for, form and amount of insurance coverages. In determining the need for, form and amount of insurancecoverages, the State Risk Manager shall consider:

1. Omission of insurance coverage on property andrisks for which insurance and claim adjustment costs would be disproportionatelyhigh in relation to the amount of risk.

2. Economies possible through the use of reasonabledeductibles.

3. Use of comprehensive coverages and blanketcoverages insuring property of two or more state agencies.

4. Reliability and financial condition of insurers,and the services which they provide.

5. Means whereby risks may be improved throughreduction in insurance losses and costs.

(Added to NRS by 1979, 628)

NRS 331.187 Fundfor Insurance Premiums: Creation; deposits; expenditures.

1. There is created in the State Treasury the Fund forInsurance Premiums as an internal service fund to be maintained for use by theRisk Management Division of the Department of Administration and the AttorneyGeneral.

2. Each state agency shall deposit in the Fund:

(a) An amount equal to its insurance premium and othercharges for potential liability, self-insured claims, other than self-insuredtort claims, and administrative expenses, as determined by the Risk ManagementDivision; and

(b) An amount for self-insured tort claims and expensesrelated to those claims, as determined by the Attorney General.

3. Each county shall deposit in the Fund an assessmentfor the employees of the district court of that county, excluding districtjudges, unless the county enters into a written agreement with Attorney Generalto:

(a) Hold the State of Nevada harmless and assumeliability and costs of defense for the employees of the district court;

(b) Reimburse the State of Nevada for any liability andcosts of defense that the State of Nevada incurs for the employees of thedistrict court; or

(c) Include the employees of the district court underthe countys own insurance or other coverage.

4. Expenditures from the Fund must be made by the RiskManagement Division or the Attorney General to an insurer for premiums of stateagencies as they become due or for deductibles, self-insured property and tortclaims or claims pursuant to NRS 41.0349.If the money in the Fund is insufficient to pay a tort claim, it must be paidfrom the Reserve for Statutory Contingency Account.

5. As used in this section, assessment means anamount determined by the Risk Management Division and the Attorney General tobe equal to the share of a county for:

(a) Applicable insurance premiums;

(b) Other charges for potential liability and tortclaims; and

(c) Expenses related to tort claims.

(Added to NRS by 1979, 628; A 1985, 544; 1987, 207;1991, 1766; 1997, 281, 915, 916; 2001, 2339)

NRS 331.188 Fundfor Insurance Premiums: Deposit of money received from insurance companies inpayment of losses incurred on state buildings or property; exception.

1. Except as otherwise provided in subsection 2, allmoney received from insurance companies in payment of losses incurred uponbuildings and other property belonging to the State must be deposited in theFund for Insurance Premiums.

2. Money received from insurance companies underfirst-party coverage in payment of losses incurred upon buildings and otherproperty controlled and administered by the Department of Transportation mustbe deposited in the State Highway Fund.

(Added to NRS by 1979, 628; A 1985, 545; 1989, 312;1997, 916)

PROHIBITED ACTS AND PENALTIES

NRS 331.190 Sale,gift or disposal of liquor in capitol unlawful. Anyperson who sells, barters, gives, or in any way disposes of any spirituous ormalt liquors, wines or cider, of any description whatever, within the CapitolBuilding of this state, shall be guilty of a misdemeanor.

[1911 C&P 240; RL 6505; NCL 10187](NRS A1967, 552)

NRS 331.200 Damageto or destruction of capitol grounds or other state property unlawful.

1. It shall be unlawful for any person to commit anyof the following acts upon the grounds of the State Capitol or of any otherstate building or property:

(a) Willfully deface, break down or destroy any fenceupon or surrounding such grounds;

(b) Erect any bulletin board or other advertisingdevice in or upon such grounds;

(c) Deposit any garbage, debris or other obstruction inor upon such grounds;

(d) Injure, break down or destroy any tree, shrub orother thing upon such grounds; or

(e) Injure the grass upon such grounds by walking uponit.

2. Any person violating any of the provisions of thissection shall be guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value ofthe property damaged or destroyed, and in no event less than a misdemeanor.

[1911 C&P 509, RL 6774; NCL 10456](NRS A1967, 552; 1973, 60)

NRS 331.210 Capitoldecorations, minerals and curios not to be removed; exception.

1. Except as provided in subsection 2, all stateboards and state officers having jurisdiction and control over any stateproperty are specially forbidden to allow the State Capitol decorations andbunting, the state mineral cabinets, mineral specimens, curios and all stateproperty of such character, from being borrowed or taken out by any person orsociety, or removed from the premises of the state buildings at Carson City,Nevada.

2. In case of national, international and foreignexpositions of the worlds arts and productions, and upon a satisfactory bondbeing furnished, the mineral specimens and curios may be borrowed.

3. The state boards and state officers are speciallyinstructed to use all means to preserve and keep intact all of the propertynamed in subsection 1.

[1:54:1899; C 2080; RL 4422; NCL 6896] +[2:54:1899; C 2081; RL 4423; NCL 6897]

NRS 331.220 Surreptitiouselectronic surveillance prohibited; exceptions.

1. Except as otherwise provided in subsection 2, it isunlawful for a person to engage in any kind of surreptitious electronicsurveillance on the grounds of any facility owned or leased by the State ofNevada without the knowledge of the person being observed.

2. Subsection 1 does not apply to any electronic surveillance:

(a) Authorized by a court order issued to a publicofficer, based upon a showing of probable cause to believe that criminalactivity is occurring on the property under surveillance;

(b) By a law enforcement agency pursuant to a criminalinvestigation; or

(c) Which is necessary as part of a system of securityused to protect and ensure the safety of persons on the grounds of thefacility.

(Added to NRS by 1993, 2139)

 

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