As used in this chapter, unless the
context otherwise requires:
1. “Board of Regents” means the Board of Regents of the University
of Nevada.
2. “Community college” means all of the community colleges within
the Nevada System of Higher Education.
3. “State college” means all of the state colleges within the
Nevada System of Higher Education.
4. “System” means the Nevada System of Higher Education.
5. “University” means all of the universities within the Nevada
System of Higher Education.
(Added to NRS by 1993, 340; A 2005, 358 )
1. The seat of the State University, as described in Section 4 of
Article 11 of the Constitution of the State of Nevada, is hereby located
at the Office of the Chancellor of the System.
2. Extension instruction on the collegiate level, research and
service activities may be conducted throughout the State.
[Part 1:85:1873; A 1885, 75; BH § 1375; cited C § 5101; RL § 4652;
NCL § 7745]—(NRS A 1957, 166, 1965, 214; 1969, 1432; 1981, 897; 1993,
341; 2005, 359 )
The legal and corporate name of the State
University is the University of Nevada. The System of:
1. Universities;
2. State colleges;
3. Community colleges;
4. Administrative services;
5. Research facilities, including, without limitation:
(a) The Desert Research Institute;
(b) The Ethics Institute; and
(c) The Center for the Analysis of Crime Statistics, established
within the Department of Criminal Justice at the University of Nevada,
Las Vegas; and
6. Departments within the Public Service Division,
Ê administered under the direction of the Board of Regents is hereby
collectively known as the Nevada System of Higher Education. The System
is comprised of such branches and facilities as the Board of Regents
deems appropriate.
[1:208:1907; RL § 4638; NCL § 7725]—(NRS A 1969, 1433; 1993, 341;
2003, 642 ; 2005, 359 )
BOARD OF REGENTS
As used in NRS 396.031 to 396.046 ,
inclusive, unless the context otherwise requires:
1. “Block” means the smallest geographical unit whose boundaries
were designated by the Bureau of the Census of the United States
Department of Commerce in its topographically integrated geographic
encoding and referencing system.
2. “Block group” means a combination of blocks whose numbers begin
with the same digit.
3. “Census tract” means a combination of block groups.
4. “Census voting district” means the voting district:
(a) Based on the geographic and population databases compiled by
the Bureau of the Census of the United States Department of Commerce as
validated and incorporated into the geographic information system by the
Legislative Counsel Bureau for use by the Nevada Legislature; and
(b) Designated in the maps filed with the Office of the Secretary
of State pursuant to NRS 396.0411 .
(Added to NRS by 1981, 1820; A 1991, 1095; 2001 Special Session,
365 )
1. If any area of this state is omitted from the provisions of NRS
396.031 to 396.046 , inclusive, the county clerk, the Carson City
Clerk or the Director of the Legislative Counsel Bureau, upon discovery
of the omission, shall notify the Secretary of State of the omission. The
Secretary of State shall attach that area to the appropriate district as
follows:
(a) If the area is surrounded by a district, it must be attached to
that district.
(b) If the area is contiguous to two or more districts, it must be
attached to the district that has the least population.
2. Any attachments made pursuant to the provisions of this section
must be certified in writing and filed with the Director of the
Legislative Counsel Bureau and with the Secretary of State. No change may
be made in any attachments until the districts are again reapportioned.
(Added to NRS by 1981, 1820; A 1991, 1096; 2001 Special Session,
366 )
1. The Board of Regents consists of 13 members elected by the
registered voters within the districts described in NRS 396.0415 to 396.046 ,
inclusive.
2. The members of the Board of Regents must be elected as follows:
(a) At the general election in 2002, and every 6 years thereafter,
one member of the Board of Regents must be elected from districts 2, 3, 5
and 10.
(b) At the general election in 2004, and every 6 years thereafter,
one member of the Board of Regents must be elected from districts 6, 7,
8, 11 and 13.
(c) At the general election in 2006, and every 6 years thereafter,
one member of the Board of Regents must be elected from districts 1, 4, 9
and 12.
3. Each member of the Board of Regents must be a resident of the
district from which he is elected.
[Part 2:37:1887; A 1905, 190; 1917, 352; 1941, 91; 1931 NCL §
7727]—(NRS A 1957, 166; 1959, 81; 1967, 408; 1971, 1531; 1973, 241; 1981,
1822; 1991, 1096; 2001 Special Session, 366 )
The Director of the Legislative Counsel Bureau shall:
1. Retain in an office of the Legislative Counsel Bureau, copies
of maps of the districts described in NRS 396.0415 to 396.046 ,
inclusive.
2. Make available copies of the maps to any interested person for
a reasonable fee, not to exceed the actual costs of producing copies of
the maps.
3. File a copy of the maps with the Secretary of State.
(Added to NRS by 1991, 1095; A 2001 Special Session, 367 )
The
Secretary of State shall:
1. Provide to the clerk of each county and the Clerk of Carson
City, copies of the maps filed pursuant to subsection 3 of NRS 396.0411
.
2. Make available copies of the maps to any interested person for
a reasonable fee, not to exceed the actual costs of producing copies of
the maps.
(Added to NRS by 1991, 1095)
District 1 consists of, in Clark County:
1. Census tracts 000201, 000203, 000301, 000302, 000600, 000800,
000900, 003425, 003500, 003602, 003609, 003610, 003611, 003612, 003613,
003614, 003615, 003700, 004703, 004711, 004712, 004714, 004715, 004716,
006203 and 006204.
2. Census voting districts 2004, 2021, 2044, 2056, 2083, 2112,
2117, 2129, 2142, 4021, 4022, 4033, 4060 and 4066.
3. In census tract 000101, blocks 2000, 2001, 2002, 2003, 2014 and
2015.
4. In census tract 000204, blocks 1000, 1003, 1007, 1009, 1010,
1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019 and 1020.
5. In census tract 000400, blocks 1001, 1002, 1003, 1004, 1007,
3004, 3005, 3006, 3007, 3008, 3012, 3013, 3014, 3015, 4005, 4006, 4007,
4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 6000, 6001,
6002, 6003, 6004, 6005, 6006, 6007, 6008, 6009, 6010, 6011 and 6012.
6. In census tract 000700, blocks 1001, 1002, 1003, 1004, 1005,
1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017,
1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029,
1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041,
1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053,
1054, 1055, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,
2010, 2011, 2012, 2013, 2014, 2015 and 2016.
7. In census tract 001100, blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 2000, 2001, 2002, 2003,
2004, 2005, 2006, 2007 and 2008.
8. In census tract 003603, blocks 1022, 1023, 1024, 1030, 1031,
1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043,
1044, 1045, 1046, 1047, 1048, 1049, 1058, 2000, 2001, 2002, 2003, 2004,
2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016,
2017, 2018, 2019, 2020, 2021, 2022 and 2023.
9. In census tract 003604, blocks 1001, 1002, 1003, 1004, 1005,
1006, 1007, 1013, 1014, 1015, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
2007, 2008, 2009, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008,
3009, 3010 and 3011.
10. In census tract 003605, blocks 2002, 2003, 2004, 2005, 2006,
2007, 2008, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024,
2025, 2026, 2027, 2028, 2029, 2030 and 2031.
11. In census tract 003607, blocks 1001, 1002, 1003, 1007, 1008,
1009, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 3000,
3001, 3002, 3003, 3004, 3005, 3006, 3007 and 3008.
12. In census tract 003800, blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016,
1017, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,
3006, 4001 and 4009.
13. In census tract 004400, block 2003.
14. In census tract 004500, block 1003.
15. In census tract 004600, blocks 1013, 1014, 1015, 1016, 1018,
2000, 2001, 2002, 2003, 2004, 2005, 3000, 3001, 3002, 3003, 3004, 3005,
3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017,
3018 and 3019.
16. In census tract 004713, blocks 1001, 1004, 1005, 1006, 1007,
1008 and 1009.
17. In census tract 004717, blocks 1000, 1001, 1002, 2003, 2008,
2009, 2010, 2011 and 2012.
18. In census tract 006000, blocks 9009, 9010, 9011, 9012, 9013,
9017, 9018, 9019, 9020, 9021, 9026, 9027, 9028, 9029, 9030, 9031, 9032,
9033, 9034, 9035, 9038, 9039, 9040, 9041, 9042, 9043, 9044, 9045, 9046,
9047, 9050, 9051, 9052, 9053 and 9054.
19. In census tract 006102, blocks 3031, 3032, 3033, 3034 and 3035.
20. In census tract 006201, blocks 1000, 1001, 1002, 1003, 1004,
1005 and 1006.
21. In census tract 006202, blocks 2000, 2001, 2002, 2003, 2004,
2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 and 2015.
(Added to NRS by 1981, 1820; A 1991, 1097; 2001 Special Session,
367 )
District 2 consists of, in Clark County:
1. Census tracts 000102, 000103, 000104, 000105, 001003, 001004,
001005, 001006, 002203, 002204, 002205, 002905, 002937, 002938, 002947,
003001, 003101, 003102, 003416, 003417, 003419, 003420, 003422, 003423
and 003424.
2. Census voting districts 2049, 2051, 2052, 2054, 2055, 2104,
3027, 3029, 3104, 6028, 6029 and 6030.
3. In census tract 000101, blocks 1000, 1001, 1002, 1003, 1004,
2005, 2006, 2007, 2008, 2009, 2010, 2017, 2018, 2019, 2020, 2021, 2022,
2023, 2024, 2025, 2026, 2027, 2028, 2029, 3001, 3008, 3009, 4000, 4001,
4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013,
4014 and 4015.
4. In census tract 000204, blocks 2003, 2004, 2005, 2006, 2007,
2008, 2009, 2010, 2011 and 2012.
5. In census tract 002201, blocks 2012 and 2013.
6. In census tract 002935, blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1008 and 1009.
7. In census tract 002936, blocks 2000, 2001, 2002, 2003, 2004,
2005, 2006, 2007, 2009, 2010, 2011 and 2012.
8. In census tract 002946, blocks 1000, 1001 and 1002.
9. In census tract 002949, blocks 2000, 2001, 2002, 2003, 2004,
2005, 2006, 2007, 2008, 2009, 2010 and 2011.
10. In census tract 002954, blocks 1000, 1001, 1002 and 1003.
11. In census tract 002955, blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1009 and 1010.
12. In census tract 003004, block 2000.
13. In census tract 003005, blocks 4000, 4001 and 4002.
14. In census tract 003006, blocks 3000 and 3001.
15. In census tract 003412, block 3017.
16. In census tract 003413, blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1008, 1009, 1010, 1011, 1015, 1016, 1017, 1018, 1019
and 1023.
17. In census tract 003415, blocks 3000, 3001, 3002, 3004, 4000,
4001, 4012, 6000, 6001, 6002, 6003, 6005, 6006, 6007, 6008, 6009 and 6015.
(Added to NRS by 1981, 1820; A 1991, 1097; 2001 Special Session,
368 ; 2003, 754 )
District 3 consists of, in Clark County:
1. Census tracts 002000, 002300, 002403, 002404, 002405, 002406,
002501, 002504, 002505, 002506, 002601, 002602, 002603, 002702, 002706,
002707, 002708, 002709, 002807, 002809, 002810, 002811, 002817, 002818,
002823, 002824, 002828, 002829, 002830, 002833, 002834, 005311, 005312,
005316, 005317, 005319 and 005320.
2. Census voting districts 1111, 5014, 7050, 7060, 7061 and 7062.
3. In census tract 000204, blocks 2000, 2001, 2002, 2013 and 2014.
4. In census tract 001100, blocks 2009, 2010, 2011, 3000, 3001,
3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 4000, 4001, 4002,
4003, 4004, 4005, 4006, 4007, 4008 and 4009.
5. In census tract 002201, blocks 2010, 2011, 2014, 2015, 2016 and
2017.
6. In census tract 002808, blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016,
2001, 2002, 2003, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013 and 2014.
7. In census tract 002814, blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016,
1017, 1018, 1019, 1020 and 2000.
8. In census tract 002831, blocks 1000, 1001, 1002, 1003, 1004 and
1005.
9. In census tract 002832, blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1019 and 1020.
10. In census tract 005322, block 1000.
(Added to NRS by 1981, 1820; A 1991, 1098; 2001 Special Session,
369 ; 2003, 756 )
District 4 consists of, in Clark County:
1. Census tracts 001706, 001707, 001708, 001709, 001715, 001717,
001718, 001803, 001804, 002821, 002822, 002826, 002827, 005010, 005011,
005101, 005102, 005103, 005104, 005105, 005106, 005107, 005108, 005109,
005200, 005314, 005315, 005318, 005321, 005333, 005334, 005335, 005336,
005337, 005338, 005341, 005342, 005343 and 005345.
2. Census voting districts 1110, 5025, 5026, 7031, 7034, 7049,
7056, 7057 and 7058.
3. In census tract 001608, blocks 1007, 2003, 2004, 2005, 2006 and
2007.
4. In census tract 001713, blocks 1001, 2001, 2002, 2003, 2004,
2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013 and 2014.
5. In census tract 001801, blocks 1002, 1003, 1004, 1005, 1006,
1007, 1008, 1009, 2002, 2008, 2009, 2015, 2016, 2017, 2018 and 2021.
6. In census tract 002808, blocks 2000, 2004 and 2005.
7. In census tract 005339, blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016,
1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1040, 1041,
2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011,
2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 and 2023.
(Added to NRS by 1981, 1820; A 1991, 1098; 2001 Special Session,
370 ; 2003, 757 )
District 5 consists of, in Clark County:
1. Census tracts 000503, 000504, 000510, 000511, 000514, 000516,
000518, 001200, 001300, 001400, 001500, 001609, 001901, 001902, 004000,
004100, 004200 and 004300.
2. Census voting districts 2018, 2020, 2062, 2067, 2069, 4008,
4011, 4012, 4013, 4014 and 4039.
3. In census tract 000400, blocks 5002, 5003, 5004, 5011 and 5012.
4. In census tract 000512, blocks 2000, 2001, 2002, 2003, 2004,
2005, 2006, 2007, 2014 and 2015.
5. In census tract 000517, blocks 1000, 1001, 1002, 1003, 1004,
1005, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014,
2015, 2016, 2017, 2018, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007,
3008 and 3009.
6. In census tract 000519, blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,
2010, 2011, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010,
3011 and 3012.
7. In census tract 000700, block 1000.
8. In census tract 001608, blocks 2001 and 2002.
9. In census tract 003800, blocks 4000, 4002, 4003 and 4004.
10. In census tract 004400, blocks 1005, 1006, 1007, 1008, 1017,
1018, 1019, 2002 and 4012.
11. In census tract 004500, blocks 2000, 2001, 2002, 2003, 2005,
2006, 2007, 2008, 3014 and 3015.
12. In census tract 004600, blocks 1002, 1012, 1017, 1019, 2006,
2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 and 2015.
13. In census tract 004707, blocks 1002, 1003, 1004, 1005, 1006,
1007, 1008 and 1009.
14. In census tract 004710, blocks 1004, 1005 and 1006.
15. In census tract 004713, blocks 1002, 1003, 1010, 1011 and 1012.
16. In census tract 004717, blocks 1003, 1004, 1005, 1006, 1007,
1008, 1009, 1010, 1011 and 1012.
(Added to NRS by 1981, 1821; A 1991, 1099; 2001 Special Session,
371 )
District 6 consists of, in Clark County:
1. Census tracts 001606, 001607, 001610, 001611, 001612, 001613,
001710, 001716, 004708, 004709, 004907, 004910, 004911, 004912, 004914,
004915, 004916, 004917, 004918, 004919, 004920, 004921, 004922, 004923,
004924, 005005, 005006, 005007, 005008, 005009, 005012, 005411, 005412,
005421, 005422, 005423 and 006103.
2. Census voting districts 1026, 1032, 1043, 2065, 2070, 2123,
2124 and 2126.
3. In census tract 000512, blocks 3000, 3001, 3002, 3003, 3004,
3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012 and 3013.
4. In census tract 000517, blocks 2000, 2001, 2002 and 2003.
5. In census tract 000519, block 3000.
6. In census tract 001608, blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1008, 1009, 1010, 1011, 1012, 2000 and 2008.
7. In census tract 001713, block 1000.
8. In census tract 001714, blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1008, 1009, 1010, 1011 and 1012.
9. In census tract 001801, blocks 2000 and 2001.
10. In census tract 004707, blocks 1000, 1001, 1010, 2000, 2001,
2002, 2003, 2004, 2005, 2006 and 2007.
11. In census tract 004710, blocks 1000, 1001, 1002, 1003, 1007,
1008, 1009, 1010, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007 and 2008.
12. In census tract 006101, blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1008, 1015, 1016, 1017, 1052, 2000, 2002, 2003, 2004,
2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2017,
2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029,
2030 and 2031.
13. In census tract 006201, block 2000.
14. In census tract 006202, block 1003.
(Added to NRS by 1981, 1821; A 1991, 1100; 2001 Special Session,
372 )
District 7 consists of, in Clark County:
1. Census tracts 002915, 002916, 002919, 002939, 002940, 002941,
002944, 002950, 002951, 002952, 002953, 002957, 003003, 003210, 003211,
003212, 003213, 003214, 003215, 003216, 003217, 003218, 003219, 003220,
003221, 003222, 003223, 003224, 003225, 003226, 003227, 003418, 003421,
005804 and 005805.
2. Census voting districts 6011, 6012 and 6013.
3. In census tract 003004, blocks 1000, 1001, 1002, 2001, 2002,
2003, 2004, 2005 and 2006.
4. In census tract 003005, blocks 3000, 3001, 3002, 3003, 3004,
4003, 4004 and 4005.
5. In census tract 003006, blocks 3002, 3003, 3004, 3005, 3006 and
3007.
6. In census tract 003415, blocks 1000, 1001, 2002 and 2003.
7. In census tract 005803, blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1008, 1009, 1010, 1011, 2000, 2002, 2003, 2004, 2005,
2006, 2007, 2008, 2009, 2010, 3000, 3001, 3002, 3003, 3004, 3005, 3006,
3007, 3008, 3009 and 3010.
8. In census tract 005810, blocks 1003 and 1005.
(Added to NRS by 1981, 1821; A 1991, 1100; 2001 Special Session,
372 )
District 8 consists of Churchill County,
Elko County, Esmeralda County, Eureka County, Humboldt County, Lander
County, Lincoln County, Mineral County, Nye County, Pershing County and
White Pine County.
(Added to NRS by 1991, 1094; A 2001 Special Session, 373 )
District 9 consists of:
1. Carson City, Douglas County, Lyon County and Storey County.
2. In Washoe County:
(a) Census tracts 003201, 003302 and 003304.
(b) Census voting districts 0134, 0145, 0148, 0764, 0771, 0790,
0797, 0814, 0819, 0825, 0844, 0887, 0929, 0932 and 0933.
(c) In census tract 001006, blocks 2026, 2038, 2039, 2040, 2041,
2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053,
2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2064, 2065,
2066, 2067, 2068, 2069, 2070, 2071, 2072, 2073, 2074, 2075, 2076, 2077,
2078, 2079, 2080, 2081, 2082, 2083, 2084, 2085, 2086, 2087, 2088, 2089,
2090, 2091, 2092, 2112, 2113, 3036, 3037, 3038, 3039, 3041, 3042, 3043,
3044, 3045, 3046, 3047 and 3048.
(d) In census tract 001007, blocks 2016, 2017, 2018, 2019, 2020,
3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3027, 3028,
3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3038, 3039, 3042, 3043,
3044, 3045, 3046, 3047, 3048, 3049, 3051, 3052, 3053, 3054, 3055 and 3056.
(e) In census tract 002300, blocks 2085, 2086, 2087, 2088, 2089,
2090, 2091, 2093, 2094, 2095, 2096, 2097, 2098, 2102, 2103, 2104, 2109,
2110, 2111, 2112, 2113, 2114, 2115, 2116, 2117, 2119 and 2995.
(f) In census tract 003202, blocks 1008, 1009, 1024, 1025, 1026,
2000, 2001, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 3000, 3001,
3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013,
3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025,
3026, 3027, 3028, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008,
4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 5000, 5001,
5002, 5003, 5004, 5005, 5006, 5007, 5008, 5009, 5010, 5011, 5036, 5037,
5038, 5039, 5040, 5041, 5042, 5043, 5044, 5045, 5046, 5047, 5048, 5049,
5050, 5051, 5052, 5053, 5054, 5055, 5056, 5057, 5058, 5059, 5998 and 5999.
(Added to NRS by 1991, 1095; A 2001 Special Session, 374 ; 2003, 757 )
District 10 consists of, in Washoe
County:
1. Census tracts 000200, 000300, 000400, 000700, 000900, 001003,
001004, 001005, 001101, 001103, 001104, 001105, 001200, 001300, 002101,
002104, 002105, 002106, 002203, 002204, 002205 and 002406.
2. Census voting districts 0101, 0144, 0222, 0254, 0306, 0307,
0333, 0340, 0342, 0343, 0345, 0353, 0400, 0402, 0410, 0413, 0444, 0446,
0503, 0504, 0509, 0511, 0512, 0513, 0534, 0535, 0537, 0539, 0710, 0731,
0769, 0779, 0787, 0798, 0834, 0847, 0879, 0917, 0935, 0936, 0938 and 0945.
3. In census tract 000100, blocks 2000, 2001, 2002, 2003, 2004,
2005, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023,
2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035,
2036, 2037, 2038, 2039, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050,
2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062,
2072, 2073, 2074, 2075, 2076, 2077, 2078, 2079, 2080, 2081, 2082, 2083,
2084, 2085, 2086, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032,
3033, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010,
4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022,
5002, 5003, 5004, 5005, 5010, 5011, 5012, 5013, 5014, 5015, 5019, 5020,
5021, 5039, 5040, 5041, 5042, 5043, 5044, 5045, 5046, 5047, 5051 and 5052.
4. In census tract 001006, blocks 2004, 2005, 2006, 2007, 2008,
2009, 2014, 2015, 2016, 2018, 2029, 3014 and 3035.
5. In census tract 001007, blocks 2001, 2002, 2003, 2004, 2005,
2014, 2015, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3008, 3009, 3010,
3011, 3012, 3023, 3024, 3025, 3026 and 3050.
6. In census tract 001500, blocks 3011 and 3013.
7. In census tract 001700, blocks 1023, 4000, 4001, 4002, 4003,
4004, 4005, 4006, 4007, 4008, 5003, 5004, 5005, 5006, 5007 and 5008.
8. In census tract 001800, blocks 3007, 3009, 3010, 3011, 4000,
4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012,
4013, 5001, 5002, 5003, 5004, 5005, 5009, 5010 and 5011.
9. In census tract 002103, blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 2001, 2002, 2003, 2004,
2006, 2012, 2013, 2014, 2015, 2016, 2020, 2021 and 2022.
10. In census tract 002202, blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016,
1017, 1018, 1019, 1022, 1025, 1026, 2001, 2002, 2003, 2004, 2005, 2006,
2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2017, 2026, 2028,
2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036 and 2037.
11. In census tract 002401, blocks 1001, 1003, 1004, 1005, 1006,
1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018,
2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011,
2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2022 and 2023.
12. In census tract 002402, blocks 2080, 2087 and 3024.
13. In census tract 002500, blocks 1009, 3007, 3008, 3009, 3010,
3011, 3012, 3013, 3014, 3015, 3025 and 3026.
14. In census tract 003202, blocks 1005, 1006 and 1007.
(Added to NRS by 1981, 1822; A 1991, 1101; 2001 Special Session,
374 ; 2003, 759 )
District 11 consists of, in Washoe
County:
1. Census tracts 001400, 001901, 001902, 002603, 002604, 002605,
002606, 002607, 002701, 002702, 002801, 002802, 002901, 002902, 003000,
003101, 003105, 003106, 003107, 003108, 003501, 003502, 003503, 003504,
003505, 003506, 003507 and 940100.
2. Census voting districts 0401, 0404, 0419, 0423, 0432, 0433,
0443, 0450, 0528, 0530, 0540, 0623, 0747, 0748, 0751, 0752, 0848, 0913,
0914, 0916 and 0934.
3. In census tract 000100, blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016,
1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 2006, 2007, 2008,
2009, 2010, 2011, 2012, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007,
3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019,
3020, 3021, 3022, 3023, 5000, 5001, 5006, 5007, 5008, 5009, 5053 and 5054.
4. In census tract 001006, blocks 2110, 2111, 2114, 2115, 2116,
2117, 2118, 2119, 2120, 2121 and 2999.
5. In census tract 001500, blocks 1000, 1001, 2002, 3012 and 3017.
6. In census tract 001700, blocks 1000, 1001, 1004, 1005, 1006,
1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018,
1020, 1021, 1022, 1024, 1025, 1026, 2000, 2001, 2002, 5000, 5001, 5002,
5012, 5013 and 5014.
7. In census tract 001800, blocks 4014, 4015, 4016, 5000, 5006,
5007 and 5008.
8. In census tract 002103, blocks 2000 and 2999.
9. In census tract 002300, blocks 1002, 1003, 1004, 1016, 1017,
1018, 2000, 2001, 2003, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015,
2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027,
2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039,
2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051,
2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2063,
2064, 2065, 2066, 2067, 2068, 2069, 2070, 2071, 2072, 2073, 2074, 2075,
2076, 2077, 2078, 2079, 2080, 2081, 2082, 2083, 2084, 2092, 2143, 2144
and 2994.
10. In census tract 002401, block 2021.
11. In census tract 002402, blocks 1006, 1007, 1008, 1009, 1024,
2066, 2081, 2082 and 2083.
12. In census tract 002500, blocks 2003, 2004, 2005, 2006, 2007,
2008, 2009, 2010, 2011, 2012, 2015, 2016, 2017, 2018, 2019, 2021, 2022,
2023, 2024, 2025, 2026, 2027, 2028, 2029, 3000, 3001, 3002, 3003, 3004,
3005, 3006, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023 and 3024.
13. In census tract 002609, blocks 1000, 1004, 1005, 1006, 1007,
1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019,
1020, 1021, 1022, 1023, 1024, 1025, 1032, 1033, 1034, 1036, 1037, 1038,
1039, 1041, 1044, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055,
1056, 1057, 1058, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2009, 2010,
2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022,
2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034,
2035, 2037, 2038 and 2039.
(Added to NRS by 2001 Special Session, 363 ; A 2003, 760 )
District 12 consists of, in Clark
County:
1. Census tracts 003203, 003204, 003205, 003206, 003207, 003208,
003209, 003301, 003302, 003303, 003304, 003305, 003306, 003408, 003409,
003410, 003411, 003606, 003608, 005431, 005432, 005433, 005501, 005503,
005504, 005606, 005607, 005608, 005609, 005611, 005612, 005613 and 005901.
2. Census voting districts 1007, 2046, 2047, 2048, 2106, 2140,
3131 and 3136.
3. In census tract 003413, blocks 2000, 2001, 2002, 2003, 2011,
2019, 2020, 2021, 2022, 2024 and 2025.
4. In census tract 003414, block 1021.
5. In census tract 003603, blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016,
1017, 1018, 1019, 1020, 1021, 1025, 1026, 1027, 1028, 1029, 1052, 1057,
1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070,
1073 and 1074.
6. In census tract 003604, blocks 1000, 1008, 1009, 1010, 1011 and
1012.
7. In census tract 003605, blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016,
1017, 1018, 1019, 2000, 2001, 2009, 2010, 2011, 2012, 2013, 2014, 2032,
2033, 2034 and 2035.
8. In census tract 003607, blocks 1000, 1004, 1005 and 1006.
9. In census tract 005502, blocks 1001, 1002, 1003, 1004, 1005,
1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017,
1018, 1019, 1020, 1021, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049,
1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061,
1062, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010
and 2011.
10. In census tract 005710, blocks 1000, 1009, 1010, 1011, 1012
and 1013.
11. In census tract 005817, blocks 1000 and 1163.
12. In census tract 005902, blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016,
1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028,
1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040,
1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052,
1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064,
1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076,
1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088,
1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100,
1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112,
1118, 1121, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143,
1144, 1145, 1146, 1147, 1148, 1149, 1150, 1151, 1152, 1153, 1154, 1155,
1156, 1157, 1158, 1159, 1160, 1161, 1162, 1163, 1164, 1165, 1166, 1167,
1168, 1169, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1177, 1178, 1179,
1180, 1181, 1182, 1183, 1184, 1185, 1186, 1187, 1188, 1189, 1190, 1191,
1192, 1193, 1194, 1195, 1196, 1197, 1198, 1199, 1200, 1201, 1202, 1203,
1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1212, 1213, 1214, 1215,
1216, 1217, 1218, 1219, 1220, 1221, 1222, 1223, 1224, 1225, 1226, 1227,
1228, 1229, 1230, 1231, 1232, 1233, 1234, 1235, 1236, 1237, 1238, 1239,
1240, 1241, 1242, 1243, 1244, 1245, 1246, 1247, 1248, 1249, 1250, 1251,
1259, 1260, 1261, 1262, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,
2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019,
2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031,
2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041 and 9019.
13. In census tract 006000, blocks 9000, 9001, 9002, 9003, 9004,
9005, 9006, 9007, 9008, 9048, 9049 and 9055.
14. In census tract 006101, blocks 2001 and 2016.
15. In census tract 006102, blocks 3000, 3001, 3002, 3003, 3004,
3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016,
3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028,
3029 and 3030.
(Added to NRS by 2001 Special Session, 364 )
District 13 consists of, in Clark County:
1. Census tracts 002815, 002816, 002835, 002836, 002912, 002925,
002942, 002948, 002956, 002958, 002960, 002961, 002962, 002963, 005331,
005332, 005702, 005703, 005704, 005705, 005806, 005807, 005808, 005809,
005811, 005812, 005813, 005816, 005818, 005819, 005820, 005821 and 940500.
2. Census voting districts 3138, 3188, 6040, 6042, 6062, 6066 and
6102.
3. In census tract 002814, blocks 2001, 2002, 2003, 2004, 2005,
2006, 2007, 2008, 2009, 2010 and 2011.
4. In census tract 002831, blocks 1006, 1007, 1008, 1009, 1010,
1011 and 1012.
5. In census tract 002832, blocks 1014, 1015, 1016, 1017, 1018,
1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030 and 1031.
6. In census tract 002927, block 2000.
7. In census tract 002935, blocks 1007, 1010, 1011, 1012, 1013,
1014, 1015, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 and 2009.
8. In census tract 002936, blocks 1000, 1001, 1002, 1003, 1004,
1005, 1006, 1007, 1008, 2008, 2013, 2014 and 2015.
9. In census tract 002955, blocks 1007, 1008, 1011, 1012, 1013,
2000, 2001, 2002, 2003, 2004, 2005 and 2006.
10. In census tract 005322, blocks 1001, 1002, 1003, 1004, 1005,
1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 2000, 2001, 2002, 2003,
2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013 and 2014.
11. In census tract 005339, blocks 1027, 1028, 1029, 1030, 1031,
1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039 and 1042.
12. In census tract 005502, block 1000.
13. In census tract 005710, blocks 1001, 1002, 1003, 1004, 1005,
1006, 1007, 1008, 1014, 1015, 1016, 1017, 1018, 1020, 1021, 1022, 1023,
1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035,
1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047,
1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059,
1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071,
1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083,
1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095,
1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107,
1108, 1109, 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119,
1120, 1121, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1129, 1130, 1131,
1132, 1133, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143,
1144 and 1145.
14. In census tract 005803, block 2001.
15. In census tract 005810, blocks 1000, 1001, 1002, 1004, 1006,
1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018,
1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030
and 1034.
16. In census tract 005817, blocks 1001, 1002, 1003, 1004, 1005,
1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017,
1018, 1019, 1020, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033,
1034, 1035, 1036, 1038, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065,
1066, 1067, 1069, 1070, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082,
1083, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095,
1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107,
1108, 1109, 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119,
1120, 1121, 1122, 1123, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135,
1136, 1137, 1138, 1139, 1140, 1144, 1145, 1146, 1147, 1149, 1150, 1151,
1152, 1153, 1154, 1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162 and 1164.
17. In census tract 005902, block 9011.
(Added to NRS by 1981, 1822; A 1991, 1101; 2001 Special Session,
376 ; 2003, 762 )
Before entering upon the discharge of the
duties of the Office of Regent, every person elected as a Regent under
the provisions of this chapter shall take and subscribe the official oath
and file the same in the Office of the Secretary of State.
[Part 2:37:1887; A 1905, 190; 1917, 352; 1941, 91; 1931 NCL § 7727]
In case of a vacancy in the Board of
Regents caused by death, resignation, removal, or otherwise, the Governor
shall fill the vacancy by the appointment of a qualified person to serve
until the next succeeding general election, when the vacancy shall be
filled by election for the remainder of the unexpired term of office of
the Regent originally elected.
[Part 2:37:1887; A 1905, 190; 1917, 352; 1941, 91; 1931 NCL §
7727]—(NRS A 1967, 410)
1. Each member of the Board of Regents is entitled to receive a
salary of $80 for each meeting of the Board that he attends.
2. Each member of the Board of Regents is entitled to receive in
attending meetings of the Board, or while on Board of Regents’ business
within the State:
(a) A per diem expense allowance not to exceed the greater of:
(1) The rate of $60; or
(2) The maximum rate established by the Federal Government
for the locality in which the travel is performed.
(b) A travel allowance computed at the rate provided for state
officers and employees generally in subsection 3 of NRS 281.160 .
3. If an account is established for a member of the Board of
Regents to pay for hosting expenditures of the member:
(a) The annual expenditures from the account may not exceed $2,500.
(b) The account may be used only to pay for activities that are
directly related to the duties of the member of the Board of Regents,
including reasonable expenses for meals, beverages and small gifts. The
account must not be used to pay for expenses associated with attending a
sporting event or a political fundraising event.
(c) The member of the Board of Regents must submit a monthly report
of expenditures from the account to the Chancellor of the System. The
report must include, without limitation, the amount of money expended
from the account, the specific purpose and activity for which the money
was expended and, if applicable, the person for whom the money was
expended.
(d) The Chancellor of the System shall compile the monthly reports
into an annual report on or before January 30 of each year. The monthly
reports and annual reports are public records and must be made available
for public inspection.
4. As used in this section, “hosting expenditures” means
reasonable expenses by or on behalf of a member of the Board of Regents
who is conducting business activities necessary to provide a benefit to
the System by establishing goodwill, promoting programs of the System or
otherwise advancing the mission of the System.
[Part 4:37:1887; C § 1393; RL § 4642; NCL § 7729]—(NRS A 1957, 168;
1971, 175; 1977, 50; 1981, 890, 1982; 1995, 183; 2005, 1077 )
The Board of Regents shall have
the power to appoint a Chairman.
[Part 4:37:1887; C § 1393; RL § 4642; NCL § 7729]—(NRS A 2005, 1078
)
The Board of
Regents may employ a Secretary of the Board, who shall keep a full record
of all proceedings of the Board.
[Part 4:37:1887; C § 1393; RL § 4642; NCL § 7729]—(NRS A 1969, 1433)
1. The Board of Regents may hold at least four regular meetings in
each year, and may hold special meetings at the call of the Chairman of
the Board.
2. At all times, the records of all proceedings of the Board are
open to public inspection except records of a closed meeting which have
not become public.
[Part 4:37:1887; C § 1393; RL § 4642; NCL § 7729] + [5:37:1887; C §
1394; RL § 4643; NCL § 7730] + [1:244:1947; 1943 NCL § 7737.01]—(NRS A
1960, 27; 1977, 1102; 1981, 898; 1983, 1442)
1. The Board of Regents may prescribe rules for:
(a) Its own government; and
(b) The government of the System.
2. The Board of Regents shall prescribe rules for the granting of
permission to carry or possess a weapon pursuant to NRS 202.265 .
[Part 3:37:1887; A 1917, 52; 1945, 448; 1943 NCL § 7728]—(NRS A
1989, 657; 1993, 341)
The Secretary of the Board of Regents shall transmit to the
Governor a copy of the approved minutes of each regular meeting of the
Board.
[Part 3:37:1887; A 1917, 52; 1945, 448; 1943 NCL § 7728]—(NRS A
1957, 168; 1961, 174; 1969, 1433)
A member of
the Board of Regents shall not be interested, directly or indirectly, as
principal, partner, agent or otherwise, in any contract or expenditure
created by the Board of Regents, or in the profits or results thereof.
(Added to NRS by 1977, 1113)
PERSONNEL
1. After consultation with the faculty, the Board of Regents shall
appoint a Chancellor of the System.
2. The Chancellor shall have a degree from a college or university
recognized as equal in rank to those having membership in the Association
of American Universities.
[Part 3:37:1887; A 1917, 52; 1945, 448; 1943 NCL § 7728]—(NRS A
1957, 168; 1969, 1433; 1993, 341)
The Board of Regents shall fix
the salary of the Chancellor of the System.
[Part 3:37:1887; A 1917, 52; 1945, 448; 1943 NCL § 7728]—(NRS A
1969, 1433; 1993, 341)
The Board of
Regents shall prescribe the duties of the Chancellor and such other
officers of the System as the Board deems appropriate.
[Part 3:37:1887; A 1917, 52; 1945, 448; 1943 NCL § 7728] +
[8:37:1887; C § 1397; RL § 4646; NCL § 7733]—(NRS A 1957, 169; 1965, 94;
1969, 1433; 1993, 341)
The
Chancellor and other officers of the System shall make such reports to
the Board of Regents as they deem appropriate or as the Board of Regents
may require.
[6:37:1887; C § 1395; RL § 4644; NCL § 7731]—(NRS A 1969, 1433;
1993, 341)
1. The Board of Regents may establish policies and procedures for
personnel which govern student employees, physicians engaged in a program
for residency training and postdoctoral fellows of the System and which
are separate from the policies and procedures established for the
unclassified personnel of the System. Any such policy or procedure does
not diminish the eligibility of those persons for coverage as employees
under the provisions of chapters 616A to
616D , inclusive, or chapter 617 of NRS.
2. In establishing policies and procedures pursuant to subsection
1, the Board of Regents is not bound by any of the other provisions of
this chapter or the provisions of title 23 of NRS. Those provisions do
not apply to a student employee, a physician engaged in a program for
residency training or a postdoctoral fellow of the System unless
otherwise provided by the Board of Regents.
(Added to NRS by 1987, 290; A 1993, 342; 1999, 235 )
The Board
of Regents shall, to carry out the purposes of subsection 3 of NRS
281.221 , subsection 3 of NRS 281.230
and subsection 3 of NRS 281.505 , establish policies governing the contracts
that faculty members and employees of the System may enter into or
benefit from.
(Added to NRS by 2001, 1627 )
Notwithstanding the provisions of any other law,
the Board of Regents may employ any teacher, instructor or professor
authorized to teach in the United States under the teacher exchange
programs authorized by laws of the Congress of the United States.
[10.2:37:1887; added 1956, 199]—(NRS A 1959, 284; 1969, 1434)
1. Each teacher, instructor and professor employed by the Board of
Regents whose compensation is payable out of the public funds, except
teachers, instructors and professors employed pursuant to the provisions
of NRS 396.260 , shall take and
subscribe to the constitutional oath of office before entering upon the
discharge of his duties.
2. The oath of office, when taken and subscribed, shall be filed
in the Office of the Board of Regents.
[10.3:37:1887; added 1956, 199]—(NRS A 1993, 342)
The Board of Regents
shall have the power to fix the salaries of the academic staff of the
System.
[Part 3:37:1887; A 1917, 52; 1945, 448; 1943 NCL § 7728]—(NRS A
1957, 169; 1993, 342)
Except
as otherwise provided in NRS 396.251
and 396.7953 , all employees of the
System, including those employees who were receiving benefits under the
provisions of chapter 204, Statutes of Nevada 1915, and chapter 99,
Statutes of Nevada 1943, may elect to receive the benefits provided under
the contract of integration entered into between the Board of Regents and
the Public Employees’ Retirement Board on June 30, 1950, pursuant to the
provisions of NRS 286.370 or may
exercise an option to receive the benefits provided under NRS 286.802
to 286.816 , inclusive.
[9:2:1957]—(NRS A 1969, 244, 1434; 1987, 291; 1993, 342)
The Board
of Regents may prescribe rules for the reports of officers and teachers
of the System.
[Part 3:37:1887; A 1917, 52; 1945, 448; 1943 NCL § 7728]—(NRS A
1993, 342)
The Board of Regents shall adopt regulations
establishing a system of probation for the professional employees of the
Community Colleges. The regulations must provide for a probationary
period of such length as the Board deems appropriate.
(Added to NRS by 1975, 1025; A 1981, 898; 1993, 342)
The Board of Regents shall adopt and promulgate
regulations establishing a fair dismissal system for the professional
employees of the Community Colleges who have completed probation as
required by the Board pursuant to NRS 396.311 . The regulations must provide that no
professional employee who has successfully completed his probationary
period is subject to termination or nonrenewal of his contract except for
good cause shown. The regulations must specify what constitutes good
cause for such termination or nonrenewal of contract, and must include
provisions for:
1. Adequate notice;
2. A hearing to determine whether good cause exists, to be held
before an impartial hearing officer or hearing committee selected in a
manner provided by the Board; and
3. Opportunity for review of the decision of the hearing officer
or hearing committee,
Ê in any case involving termination or nonrenewal of the contract of a
professional employee who has completed probation.
(Added to NRS by 1975, 1025; A 1981, 898)
1. The willful neglect or failure on the part of any teacher,
instructor, professor, president or chancellor in the System to observe
and carry out the requirements of this chapter is sufficient cause for
the dismissal or removal of the person from his position.
2. It is sufficient cause for the dismissal of any teacher,
instructor, professor, president or chancellor in the System when the
person advocates, or is a member of an organization which advocates,
overthrow of the Government of the United States or of the State by
force, violence or other unlawful means.
[Part 1:20:1955] + [10.8:37:1887; added 1956, 199]—(NRS A 1969,
1434; 1993, 342)
DISCIPLINARY HEARINGS
1. The Board of Regents, the Chancellor of the System and the
presidents of all the branches and facilities within the System may issue
subpoenas in all instances involving disciplinary hearings of members of
the System.
2. Those persons may issue subpoenas requiring the attendance of
witnesses before them together with all books, memoranda, papers and
other documents relative to the matters under investigation or to be
heard, administer oaths and take testimony thereunder.
3. The district court in and for the county in which any hearing
is being conducted by any of the persons named in subsection 1 may compel
the attendance of witnesses, the giving of testimony and the production
of books and papers as required by any subpoena issued by the person
holding the hearing.
4. In case of the refusal of any witness to attend or testify or
produce any papers required by the subpoena, the person holding the
hearing may report to the district court in and for the county in which
the hearing is pending by petition, setting forth:
(a) That due notice has been given of the time and place of
attendance of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in the manner prescribed
in this chapter; and
(c) That the witness has failed and refused to attend or produce
the papers required by subpoena before the person holding the hearing
named in the subpoena, or has refused to answer questions propounded to
him in the course of the hearing,
Ê and asking an order of the court compelling the witness to attend and
testify or produce the books or papers before the person.
5. The court, upon petition of the person holding the hearing,
shall enter an order directing the witness to appear before the court at
a time and place to be fixed by the court in the order, the time must not
be more than 10 days after the date of the order, and then and there show
cause why he has not attended or testified or produced the books or
papers before the person holding the hearing. A certified copy of the
order must be served upon the witness. If it appears to the court that
the subpoena was regularly issued by the person holding the hearing, the
court shall thereupon enter an order that the witness appear before the
person at the time and place fixed in the order and testify or produce
the required books or papers, and upon failure to obey the order the
witness must be dealt with as for contempt of court.
(Added to NRS by 1971, 852; A 1981, 898; 1993, 343)
The person who is the subject of a
disciplinary hearing under this chapter or who is a witness at that
hearing, and who is a person with a disability as defined in NRS 50.050
, is entitled to the services of an
interpreter at public expense, subject to the provisions of NRS 50.052
and 50.053 . The interpreter must be:
1. Qualified to engage in the practice of interpreting in this
state pursuant to subsection 2 of NRS 656A.100 ; and
2. Appointed by the person who presides at the hearing.
(Added to NRS by 1979, 658; A 2001, 1778 )
POLICE DEPARTMENT; REVIEW OF POLICE MISCONDUCT
The Board of Regents may:
1. Create a Police Department for the System and appoint one or
more persons to be members of the Department; and
2. Authorize the Department to enter into interlocal agreements
pursuant to chapter 277 of NRS with other law
enforcement agencies to provide for the rendering of mutual aid.
(Added to NRS by 1965, 304; A 1969, 1434; 1991, 1701; 1993, 344,
1416, 2531; 1995, 571, 572)
Every member of the
Police Department for the System must be supplied with, authorized and
required to wear a badge bearing the words “University Police, Nevada.”
(Added to NRS by 1965, 304; A 1969, 1434; 1993, 344)
The Police Department for
the System shall, within 7 days after receipt of a written request of a
person who claims to have sustained damages as a result of an accident,
or his legal representative or insurer, and upon receipt of a reasonable
fee to cover the cost of reproduction, provide the person, his legal
representative or insurer, as applicable, with a copy of the accident
report and all statements by witnesses and photographs in the possession
or under the control of the Department that concern the accident, unless:
1. The materials are privileged or confidential pursuant to a
specific statute; or
2. The accident involved:
(a) The death or substantial bodily harm of a person;
(b) Failure to stop at the scene of an accident; or
(c) The commission of a felony.
(Added to NRS by 1987, 1052; A 1993, 344; 2005, 703 )
1. The Board of Regents of the University of Nevada shall, not
later than April 15 of each odd-numbered year, prepare and submit to the
Director of the Legislative Counsel Bureau for submission to the
Legislature, a report concerning the activities of the Police Department
for the System.
2. The report must include, without limitation:
(a) A copy of each of the annual security reports compiled for the
immediately preceding 2 years pursuant to 20 U.S.C. § 1092, including the
executive summary and statistics regarding crimes on campus; and
(b) A statement of:
(1) The policy of each police department regarding the use
of force and the equipment authorized for use by its officers in carrying
out that policy;
(2) The activities performed by each police department
during the reporting period to improve or maintain public relations
between the campus and the community;
(3) The number of full-time and reserve officers in each
police department;
(4) The programs held in each police department during the
reporting period in which training was given to its officers and the
rates of participation in those programs; and
(5) The number, itemized by each police department, of
incidents during the reporting period in which an excessive use of force
was alleged and the number of those allegations which were sustained.
(Added to NRS by 1993, 424)
1. The Board of Regents may create on each campus of the System a
campus review board to advise the president or other chief administrative
officer of the campus and, upon request, the Board of Regents on issues
concerning allegations made against peace officers of the Police
Department for the System involving misconduct while serving on the
campus.
2. A campus review board created pursuant to subsection 1 must
consist of not less than 15 members.
3. A campus review board must be appointed by the Board of Regents
from a list of names submitted by interested persons within the System
and in the general public. If an insufficient number of names of persons
interested in serving on a campus review board are submitted, the Board
of Regents shall appoint the remaining members in the manner it deems
appropriate.
4. A person appointed to a campus review board:
(a) Must be a resident of this State;
(b) Must not be employed as a peace officer;
(c) Must complete training relating to law enforcement before
serving as a member of the campus review board, including, without
limitation, training in the policies and procedures of the Police
Department for the System, the provisions of chapter 284 of NRS, the regulations adopted pursuant thereto and
NRS 289.010 to 289.120 , inclusive, and the terms and conditions of
employment of the peace officers of the System; and
(d) Shall serve without salary, but may receive from the System
such per diem allowances and travel expenses as are authorized by the
Board of Regents.
(Added to NRS by 2001, 1463 ; A 2005, 625 )
A campus review board
created pursuant to NRS 396.3291 :
1. Does not have jurisdiction over any matter in which it is
alleged that a crime has been committed.
2. Shall not abridge the rights of a peace officer of the Police
Department for the System that are granted pursuant to a contract or by
law.
(Added to NRS by 2001, 1464 )
1. A campus review board created pursuant to NRS 396.3291 shall meet in panels to carry out its duties.
2. Members must be selected randomly to serve on a panel, and each
panel shall select one of its members to serve as chairman of the panel.
3. A panel of a campus review board may:
(a) Refer a complaint against a peace officer of the Police
Department for the System who has served on the campus to the office of
the Police Department for the System on the campus.
(b) Review an internal investigation of such a peace officer and
make recommendations regarding any disciplinary action against the peace
officer that is recommended by the office of the Police Department for
the System on the campus, including, without limitation:
(1) Increasing or decreasing the recommended level of
discipline; and
(2) Exonerating the peace officer who has been the subject
of the internal investigation.
4. The Police Department for the System shall make available to a
panel of a campus review board any information within a personnel file
that is specific to a complaint against a peace officer of the Police
Department for the System who has served on the campus, or any other
material that is specific to the complaint.
5. When reviewing an internal investigation of a peace officer of
the system pursuant to subsection 3, a panel of a campus review board
shall provide the peace officer with notice and an opportunity to be
heard. The peace officer may represent himself at the hearing before the
panel or be represented by an attorney or other person of his own
choosing. The campus review board and the Police Department for the
System are not responsible for providing such representation.
6. The chairman of a panel of a campus review board shall report
the findings and recommendations of the panel regarding disciplinary
action to the office of the Police Department for the System on the
campus, the president or other chief administrative officer of the campus
and, upon request, the Board of Regents.
7. A proceeding of a panel of a campus review board must be closed
to the public.
8. The findings and recommendations of a panel of a campus review
board are public records unless otherwise declared confidential by state
or federal law.
(Added to NRS by 2001, 1464 )
1. A panel of a campus review board created pursuant to NRS
396.3291 may:
(a) Administer oaths;
(b) Take testimony;
(c) Within the scope of its jurisdiction, issue subpoenas to compel
the attendance of witnesses to testify before the panel;
(d) Require the production of books, papers and documents specific
to a complaint; and
(e) Issue commissions to take testimony.
2. If a witness refuses to attend or testify or produce books,
papers or documents as required by the subpoena, the panel may petition
the district court to order the witness to appear or testify or produce
the requested books, papers or documents.
(Added to NRS by 2001, 1464 )
FINANCES
1. The State of Nevada hereby accepts the grants of lands made by
the Government of the United States to this state, in the following Acts
of Congress, upon the terms and conditions expressed in such acts, and
agrees to comply therewith:
(a) “An Act donating Public Lands to the several States and
Territories which may provide Colleges for the Benefit of Agriculture and
the Mechanic Arts,” approved July 2, 1862 (c. 130, 12 Stat. 503), as
amended by “An Act extending the Time within which the States and
Territories may accept the Grant of Lands made by the Act entitled ‘An
Act donating public Lands to the several States and Territories which may
provide Colleges for the Benefit of Agriculture and the Mechanic Arts,’
approved July second, eighteen hundred and sixty-two,” approved April 14,
1864 (c. 58, 13 Stat. 47), and as extended by “An act concerning certain
Lands granted to the State of Nevada,” approved July 4, 1866 (c. 166, 14
Stat. 86).
(b) “An Act concerning certain Lands granted to the State of
Nevada,” approved July 4, 1866 (c. 166, 14 Stat. 86).
2. The State of Nevada hereby accepts all grants of public lands
made by the Government of the United States to this state prior to
February 13, 1867, upon the terms and conditions so granted, as modified
in “An act concerning certain Lands granted to the State of Nevada,”
approved July 4, 1866 (c. 166, 14 Stat. 86).
[1:101:1865] + [1:16:1867] + [2:16:1867] + [3:16:1867]
1. The System was, and now is, established in accordance with the
provisions of the Constitution of the State of Nevada, and also in
accordance with the provisions of an Act of Congress entitled “An Act
donating Public Lands to the several States and Territories which may
provide Colleges for the Benefit of Agriculture and the Mechanic Arts,”
approved July 2, 1862 (c. 130, 12 Stat. 503), and acts amendatory thereof
or supplementary thereto.
2. The Board of Regents are the proper trustees of the System to
receive and disburse all appropriations made to this State under the
provisions of an Act of Congress entitled “An Act to apply a portion of
the proceeds of the public lands to the more complete endowment and
support of the colleges for the benefit of agriculture and mechanic arts,
established under the provisions of an Act of Congress approved July
second, eighteen hundred and sixty-two,” approved August 30, 1890 (c.
841, 26 Stat. 419), and all appropriations hereafter to be made under the
Act.
3. The Board of Regents shall make a report at the end of each
fiscal year, in connection with its annual report to the Governor, of
other matters concerning the System, including the amounts received and
disbursed under the provisions of this section. The Governor shall
transmit all annual reports to the Legislature.
4. The Legislature of Nevada hereby gratefully assents to the
purposes of all grants of money made heretofore and all which may
hereafter be made to the State of Nevada by Congress, under the Act of
Congress, the title of which is recited in subsection 2, and agrees that
the grants must be used only for the purposes named in the Act of
Congress, or acts amendatory thereof or supplemental thereto.
[1:59:1891; C § 1416; RL § 4656; NCL § 7750] + [2:59:1891; C §
1417; RL § 4657; NCL § 7751] + [3:59:1891; C § 1418; RL § 4658; NCL §
7752] + [4:59:1891; C § 1419; RL § 4659; NCL § 7753]—(NRS A 1969, 1434;
1993, 345; 2005, 359 )
1. The moneys arising from the sale of the 72 sections of land
granted this state by the Act of Congress entitled “An act concerning
Lands granted to the State of Nevada,” approved July 4, 1866 (c. 166, 14
Stat. 86), for the establishment and maintenance of a university, which
sale was directed by the provisions of section 4 of chapter 85, Statutes
of Nevada 1873, constitute a fund to be known as the Irreducible
University Fund. The money in the Fund must be invested by the Board of
Regents in United States bonds, bonds of this state, bonds of other
states of the Union or bonds of any county in the State of Nevada. The
investments are subject to such further restrictions and regulations as
may be provided by law.
2. The interest only of the proceeds resulting from the
investments described in subsection 1 must be used for the maintenance of
the System, and any surplus interest must be added to the principal sum.
[Part 4:85:1873; A 1929, 61; NCL § 7746]—(NRS A 1993, 345)
The interest derived from
the Irreducible University Fund shall be and constitute a fund to be
known as the Contingent University Fund.
[Part 4:85:1873; A 1929, 61; NCL § 7746]—(NRS A 1999, 427 )
1. The following money is hereby set aside and inviolably
appropriated for the support and maintenance of the System, and must be
paid out for the purposes designated by law creating the several funds:
(a) The interest derived from the investment of all money from the
sale of the 90,000 acres of land granted to the State of Nevada by the
Act of Congress entitled “An Act donating Public Lands to the several
States and Territories which may provide Colleges for the Benefit of
Agriculture and the Mechanic Arts,” approved July 2, 1862 (c. 130, 12
Stat. 503).
(b) The interest derived from the investment of all money from the
sale of the 72 sections of land granted to the State of Nevada by the Act
of Congress entitled “An act concerning certain Lands granted to the
State of Nevada,” approved July 4, 1866 (c. 166, 14 Stat. 86), for the
establishment and maintenance of a university.
2. Additional state maintenance and support of the System must be
provided by direct legislative appropriation from the General Fund, upon
the presentation of budgets in the manner required by law.
[1:259:1913; A 1949, 288; 1943 NCL § 7740]—(NRS A 1957, 128; 1969,
1435; 1993, 345; 1999, 427 )
1. The members of the Board of Regents are the sole trustees to
receive and disburse all money of the System for the purposes provided in
NRS 396.370 .
2. The Board of Regents shall control the expenditures of all
money appropriated for the support and maintenance of the System and all
money received from any other source.
[Part 3:37:1887; A 1917, 52; 1945, 448; 1943 NCL § 7728] + [Part
2:259:1913; 1919 RL p. 3208; NCL § 7741]—(NRS A 1993, 346)
1. The Nevada System of Higher Education Accounts Payable
Revolving Fund is hereby created. The Board of Regents may deposit the
money of the Fund in one or more state or national banks or credit unions
in the State of Nevada.
2. The chief business officer of each business center of the
System shall:
(a) Pay from the fund such operating expenses of the System as the
Board of Regents may by rule prescribe.
(b) Submit claims to the State Board of Examiners for money of the
System on deposit in the State Treasury or elsewhere to replace money
paid from the Nevada System of Higher Education Accounts Payable
Revolving Fund.
(Added to NRS by 1961, 280; A 1969, 1435; 1971, 876; 1981, 899;
1993, 346; 1999, 1490 ; 2005, 360 )
1. The Collegiate License Plate Account is hereby created in the
State General Fund.
2. The money in the Account does not lapse to the State General
Fund at the end of any fiscal year.
3. The Board of Regents shall administer the Account.
4. The money in the Account must only be used for academic and
athletic scholarships for students of the University of Nevada, Reno, and
the University of Nevada, Las Vegas. One-half of the money must be used
for academic scholarships, and one-half of the money must be used for
athletic scholarships.
(Added to NRS by 1993, 1346)
The Board of Regents may authorize the chief business
officer of each business center of the System to use a facsimile
signature produced through a mechanical device in place of his
handwritten signature whenever the necessity may arise, subject to the
following conditions:
1. The mechanical device must be of such a nature that the
facsimile signature may be removed from the mechanical device and kept in
a separate secure place.
2. The facsimile signature may only be used under the direction
and supervision of the chief business officer of the business center.
3. The registered key to the mechanical device must be kept in a
vault at all times when the key is not in use.
(Added to NRS by 1960, 38; A 1961, 281; 1965, 94; 1971, 877; 1981,
899; 1993, 346)
1. Before payment, all claims of every name and nature involving
the payment of money by or under the direction of the Board of Regents
from funds set aside and appropriated must be passed upon by the State
Board of Examiners.
2. The Board of Regents shall, with the approval of the Governor,
require all officers and employees of the System whose duties, as
prescribed by law, require the officers or employees to approve claims
against any public funds to file the claims in the office of the Board of
Regents for transmittal.
[12:37:1887; C § 1401; RL § 4650; NCL § 7737] + [Part 2:259:1913;
1919 RL p. 3208; NCL § 7741] + [1:87:1939; 1931 NCL § 5233]—(NRS A 1969,
1436; 1993, 347)
The Board of Regents
shall keep open to public inspection an account of receipts and
expenditures.
[Part 3:37:1887; A 1917, 52; 1945, 448; 1943 NCL § 7728]
UNIVERSITY FOUNDATIONS
1. A university foundation:
(a) Shall comply with the provisions of chapter 241 of NRS;
(b) Except as otherwise provided in subsection 2, shall make its
records public and open to inspection pursuant to NRS 239.010 ;
(c) Is exempt from the taxes imposed by NRS 375.020 , 375.023 and
375.026 pursuant to subsection 14 of
NRS 375.090 ; and
(d) May allow a president or an administrator of the university,
state college or community college which it supports to serve as a member
of its governing body.
2. A university foundation is not required to disclose the name of
any contributor or potential contributor to the university foundation,
the amount of his contribution or any information which may reveal or
lead to the discovery of his identity. The university foundation shall,
upon request, allow a contributor to examine, during regular business
hours, any record, document or other information of the foundation
relating to that contributor.
3. As used in this section, “university foundation” means a
nonprofit corporation, association or institution or a charitable
organization that is:
(a) Organized and operated exclusively for the purpose of
supporting a university, state college or a community college;
(b) Formed pursuant to the laws of this State; and
(c) Exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).
(Added to NRS by 1993, 2623; A 2003, 3492 ; 2003, 20th Special Session, 206 ; 2005, 360 , 963 )
PROPERTY; CAPITAL IMPROVEMENTS; EQUIPMENT; MATERIALS AND SUPPLIES
1. The Board of Regents may accept and take in the name of the
System, for the benefit of any branch or facility of the System, by
grant, gift, devise or bequest, any property for any purpose appropriate
to the System.
2. Property so acquired must be taken, received, held, managed,
invested, and the proceeds thereof used, bestowed and applied by the
Board of Regents for the purposes, provisions and conditions prescribed
by the respective grant, gift, devise or bequest.
3. Nothing in this chapter prohibits the State of Nevada from
accepting and taking by grant, gift, devise or bequest any property for
the use and benefit of the System.
[Part 3:37:1887; A 1917, 52; 1945, 448; 1943 NCL § 7728]—(NRS A
1969, 1436; 1993, 347)
1. The Board of Regents may purchase real property for cash or by
making a cash down payment and executing or assuming an obligation to pay
the remainder of the price in deferred installments.
2. Such obligation may be secured by a mortgage or deed of trust
of the real property acquired, but shall not constitute an obligation of
the State of Nevada.
(Added to NRS by 1967, 1094)
1. The Board of Regents may sell or lease any property granted,
donated, devised or bequeathed to the System if:
(a) The sale or lease is not prohibited by or inconsistent with the
provisions or conditions prescribed by the grant, gift, devise or
bequest; and
(b) The sale or lease is approved by the Governor.
2. The proceeds and rents from the sale or lease must be held,
managed, invested, used, bestowed and applied by the Board of Regents for
the purposes, provisions and conditions prescribed by the original grant,
gift, devise or bequest of the property so sold or leased.
[Part 3:37:1887; A 1917, 52; 1945, 448; 1943 NCL § 7728]—(NRS A
1973, 388; 1993, 347)
1. If the System sells, leases, transfers or conveys land to, or
exchanges land with, a domestic or foreign limited-liability company, the
Board of Regents shall require the domestic or foreign limited-liability
company to submit a disclosure to the Board of Regents setting forth the
name of any person who holds an ownership interest of 1 percent or more
in the domestic or foreign limited-liability company. The disclosure must
be made available for public inspection upon request.
2. As used in this section, “land” includes all lands, including
improvements and fixtures thereon, lands under water, all easements and
hereditaments, corporeal or incorporeal, and every estate, interest and
right, legal or equitable, in lands or water, and all rights, interests,
privileges, easements, encumbrances and franchises relating to the same,
including terms for years and liens by way of judgment, mortgage or
otherwise.
(Added to NRS by 2005, 2209 )
Any property which
is in the possession of any authorized agent of the System and which is
not claimed within 1 year by the owner of the property or his authorized
agent or representative must be disposed of by the System in the
following manner:
1. Money may be forfeited to the System;
2. Personal property may be sold at public auction and the
proceeds forfeited to the System; and
3. Any property not otherwise disposed of as provided in this
section must be donated to a charitable institution.
(Added to NRS by 1969, 407; A 1969, 1448; 1993, 347)
1. The Board of Regents may budget for and purchase fidelity
insurance and insurance against:
(a) Any liability arising under NRS 41.031 .
(b) Tort liability on the part of any of its employees resulting
from an act or omission in the scope of his employment.
(c) The expense of defending a claim against itself whether or not
liability exists on such claim.
2. Such insurance shall be limited in amount according to the
limitation of liability imposed by NRS 41.035 and shall be purchased from companies
authorized to do business in the State of Nevada.
3. Each contract of insurance shall be free of any condition of
contingent liability and shall contain a clause which provides that no
assessment may be levied against the insured over and above the premium
fixed by such contract.
(Added to NRS by 1959, 404; A 1967, 107)
1. The Board of Regents may by affirmative vote of a majority of
its members adopt, amend, repeal and enforce reasonable regulations
governing vehicular and pedestrian traffic on all property owned or used
by the System.
2. The regulations have the force and effect of law.
3. A copy of every such regulation, giving the date that it takes
effect, must be filed with the Secretary of State, and copies of the
regulations must be published immediately after adoption and issued in
pamphlet form for distribution to faculty and students of the System and
to the general public.
4. A person who violates any regulation adopted pursuant to this
section is guilty of a misdemeanor.
(Added to NRS by 1959, 241; A 1969, 1436; 1993, 348)
1. The Board of Regents shall, for each fiscal year, compile a
report concerning the capital improvements owned, leased or operated by
the System.
2. The report of the capital improvements required pursuant to
subsection 1 must be prepared in such detail as is required by generally
accepted accounting principles.
3. The Board of Regents shall, on or before February 1 of each
year, submit, in any format, including an electronic format, a copy of
the report compiled pursuant to subsection 1 to the Director of the
Legislative Counsel Bureau for distribution to each regular session of
the Legislature.
(Added to NRS by 2005, 1404 )
The Board of Regents shall cause perpetual inventory records
and controls to be maintained for all equipment, materials and supplies
stored or used by or belonging to the System. Copies of current inventory
records and controls must be delivered to the Chief of the Purchasing
Division of the Department of Administration, and the copies must satisfy
the requirements of NRS 333.220 .
(Added to NRS by 1967, 62; A 1973, 1474; 1993, 348, 1597; 1995,
579; 1997, 471)
1. The Board of Regents shall ensure that each university, state
college and community college within the System:
(a) Maintains at the university, state college or community college
a material safety data sheet for each hazardous chemical used on the
buildings or grounds of the university, state college or community
college;
(b) Complies with any safety precautions contained in those sheets;
and
(c) Makes those sheets available to all the personnel of the
university, state college or community college and the parents of each
student attending the university, state college or community college.
2. For the purposes of this section, “material safety data sheet”
has the meaning ascribed to it in 29 C.F.R. § 1910.1200.
(Added to NRS by 1997, 3354; A 2005, 360 )
1. Except as otherwise provided in this section, the System shall
recycle or cause to be recycled the paper and paper products it uses.
This subsection does not apply to confidential documents if there is an
additional cost for recycling those documents.
2. The System is not required to comply with the requirements of
subsection 1 if the Board of Regents determines that the cost to recycle
or cause to be recycled the paper and paper products used by the System
or one of its branches or facilities is unreasonable and would place an
undue burden on the operations of the System, branch or facility.
3. The Board of Regents shall adopt regulations which prescribe
the procedure for the disposition of the paper and paper products to be
recycled. The Board of Regents may prescribe a procedure for the
recycling of other waste material produced on the premises of the System,
a branch or a facility.
4. Any money received by the System for recycling or causing to be
recycled the paper and paper products it uses must be paid by the Board
of Regents to the State Treasurer for credit to the State General Fund.
5. As used in this section:
(a) “Paper” includes newspaper, high-grade office paper, fine
paper, bond paper, offset paper, xerographic paper, mimeo paper,
duplicator paper and any other cellulosic material which contains not
more than 10 percent by weight or volume of a noncellulosic material,
including, but not limited to, a laminate, binder, coating and saturant.
(b) “Paper product” means any paper article or commodity,
including, but not limited to, paper napkins, towels, cardboard,
construction material, paper and any other cellulosic material which
contains not more than 10 percent by weight or volume of a noncellulosic
material, including, but not limited to, a laminate, binder, coating and
saturant.
(Added to NRS by 1991, 907; A 1993, 348; 1999, 3184 )
PROGRAMS OF INSTRUCTION, RESEARCH AND CLINICAL SERVICES
The Board of
Regents may prescribe the course of study, the commencement and duration
of the terms, and the length of the vacations for the System.
[Part 3:37:1887; A 1917, 52; 1945, 448; 1943 NCL § 7728]—(NRS A
1993, 349)
1. Instruction within the System must be given in the essentials
of the Constitution of the United States and the Constitution of the
State of Nevada, including the origin and history of the Constitutions
and the study of and devotion to American institutions and ideals.
2. The instruction required in subsection 1 must be given during
at least 1 year of the college grades.
3. The System shall not issue a certificate or diploma of
graduation to a student who has not passed a satisfactory examination
upon the Constitutions.
[10.6:37:1887; added 1956, 199]—(NRS A 1993, 349)
The Legislature hereby encourages the Board
of Regents to review periodically their mission for higher education, as
the number of institutions within the System expands and the focus of
each institution is defined and further redefined, to determine whether
there is unnecessary duplication of programs or courses within the System
which might be more appropriate for a different institution. The System
is encouraged to review the core curriculum at each institution to
determine whether there is parity among the institutions of the System.
(Added to NRS by 2005, 1095 )
1. The Board of Regents shall prepare a comprehensive plan for the
next 4 years which explains:
(a) Any anticipated new programs and expansions of existing
programs of instruction, public service or research, itemized by year and
by purpose;
(b) The anticipated cost of each new or expanded program described
under paragraph (a);
(c) The amount and source of any money anticipated to be available,
from sources other than legislative appropriation, to meet each item of
anticipated cost listed pursuant to paragraph (b); and
(d) Any further information concerning its comprehensive planning
which the Board of Regents may deem appropriate.
2. The Board of Regents shall biennially bring the plan up to date
for the ensuing 4 years, and shall present the revised plan to the
Legislature not later than February 1 of each odd-numbered year.
(Added to NRS by 1967, 1380; A 1973, 313; 1993, 349)
Instruction within the System must be given in
the essentials of green building construction and design to assist
students in preparing for the Leadership in Energy and Environmental
Design Professional Accreditation Exam or its equivalent.
(Added to NRS by 2005, 22nd Special Session, 72 )
Instruction within the
System must be given in the essentials of ecology and environmental
protection. Such instruction must be included in the program developed by
the System for the education of teachers.
(Added to NRS by 1971, 1187; A 1993, 349)
The Board of Regents may approve a
uniform course of study and develop policies and procedures on the
teaching of American Sign Language in the System.
(Added to NRS by 1995, 150; A 2005, 360 )
1. The Board of Regents may plan for and establish a model program
to educate and train persons for work in a nursing home.
2. The program must be developed and administered through the
community colleges and the University of Nevada School of Medicine.
3. The Board of Regents may carry out the program through a joint
venture with one or more nursing homes, but the Board of Regents must
have final authority to direct and supervise the program.
4. The Board of Regents may apply for any available grants and
accept any gifts, grants or donations for the support of the program.
(Added to NRS by 1991, 1570)
The Board of Regents
may, to the extent that money is available, develop the curriculum and
standards required for a student in the System to earn a bachelor of
science degree in dental hygiene or a master’s degree in public health
dental hygiene.
(Added to NRS by 2001, 2691 )
The Board
of Regents shall establish a program of student teaching and practicum
which requires a division of the System to enter into agreements with the
school districts in this state for the assignment of university students
for training purposes as student teachers, counselors or trainees in a
library.
(Added to NRS by 1993, 1239; A 1995, 558)
The Board of Regents shall, in cooperation with the State
Board and the Council to Establish Academic Standards for Public Schools,
ensure that students enrolled in a program developed by the System for
the education of teachers are provided instruction regarding the
standards of content and performance required of pupils enrolled in high
schools in this State.
(Added to NRS by 2005, 1095 )
1. The Board of Regents, in cooperation with the Health Division
of the Department of Health and Human Services, may establish a genetics
program to provide clinical genetic and diagnostic services to residents
of Nevada who have or may have a hereditary, chromosomal or
multifactorial disorder.
2. The University of Nevada School of Medicine must provide
consultation and other appropriate services to the genetics program.
(Added to NRS by 1991, 2065; A 1993, 349)
The genetics
program must provide the following services:
1. Genetic counseling;
2. Proband evaluation;
3. Screening for hereditary disorders;
4. Laboratory testing for analysis of chromosomes and other
specialized diagnostic procedures to detect hereditary disorders;
5. Medical management of hereditary disorders;
6. Specialized prenatal diagnostic techniques;
7. Appropriate follow-up and referral services;
8. Educational programs for providers of health care and the
community; and
9. Maintenance of a registry for research and evaluation.
(Added to NRS by 1991, 2065)
1. Any person residing in Nevada is eligible for services through
the genetics program. A person must not be denied services through the
genetics program because of his inability to pay for the services.
2. A determination of ability to pay must be based on the
following factors:
(a) Resources of the person, including hospital and medical
insurance;
(b) Other available sources of payment, including any governmental
aid for medically indigent persons;
(c) Estimated cost of care;
(d) Length of treatment;
(e) Household size in relation to income; and
(f) Debts and obligations.
(Added to NRS by 1991, 2066)
1. Except as otherwise provided in subsection 2, the records of
the genetics program concerning the clients and families of clients are
confidential.
2. The genetics program may share information in its possession
with the University of Nevada School of Medicine and the Health Division
of the Department of Health and Human Services, if the confidentiality of
the information is otherwise maintained in accordance with the terms and
conditions required by law.
(Added to NRS by 1991, 2066)
1. The genetics program must include a geneticist and a
cytogeneticist and such other personnel as determined by the Board of
Regents and the Health Division of the Department of Health and Human
Services.
2. Except as otherwise provided in subsection 3:
(a) The clinical services provided by the genetics program must be
supervised by a geneticist who is certified or eligible to be certified
by the American Board of Medical Genetics and who is a physician licensed
in this State.
(b) A cytogeneticist employed by the genetics program must be
certified or eligible to be certified by the American Board of Medical
Genetics and:
(1) Be a licensed physician; or
(2) Have a degree of doctor of philosophy in a medical or
biological science from an accredited college or university and
experience in cytogenetics as approved by the University of Nevada School
of Medicine.
3. The State Board of Health may exempt a geneticist or a
cytogeneticist employed by the genetics program from the requirements
provided in subsection 2 upon receipt of clear and convincing evidence
that hiring a geneticist or a cytogeneticist with qualifications other
than those required by subsection 2 substantially complies with the
intent of the law and is in the interest of the safety of the public.
(Added to NRS by 1991, 2066; A 1993, 350)
The
Board of Regents may:
1. Apply for any matching money available for the genetics program
from the Federal Government or any other source and accept any gifts,
grants or donations for the support of the program.
2. Adopt regulations necessary to carry out the provisions of NRS
396.521 to 396.527 , inclusive.
3. Receive, invest, disburse and account for all money received
from the Federal Government or any other source for the genetics program.
(Added to NRS by 1991, 2066)
STUDENTS; TUITION; GRADUATION AND DIPLOMAS
The Board of
Regents shall not discriminate in the admission of students on account of
national origin, religion, age, physical disability, sex, race or color.
[9:37:1887; C § 1398; RL § 4647; NCL § 7734]—(NRS A 1987, 290;
1993, 2165)
A
student who is enrolled in a university, state college or community
college within the System must be granted access to all the library
facilities that are available to students enrolled in any of the
institutions within the System and must be adequately informed of the
library services that are available.
(Added to NRS by 2005, 1096 )
1. The Board of Regents shall prescribe a form that provides for
the informed consent of students concerning the directory information
that a university, university foundation, state college or community
college, as applicable, makes public. The form must:
(a) Allow each student a reasonable opportunity to indicate whether
the student opts not to authorize the release or disclosure of personally
identifiable information concerning the student for:
(1) Commercial purposes, without the prior written consent
of the student;
(2) Noncommercial purposes, without the prior written
consent of the student; or
(3) Both commercial and noncommercial purposes, without the
prior written consent of the student.
(b) Inform the student that:
(1) If he does not return the form indicating that his
personally identifiable information must not be released or disclosed,
then it is probable that the information will be released or disclosed.
(2) If he returns the form indicating that his personally
identifiable information must not be released or disclosed, then the
university, university foundation, state college or community college, as
applicable, will not release or disclose the information without his
prior written consent.
(c) Be included with the other forms required for admission to the
university, state college or community college, as applicable.
2. Except as otherwise required by federal law, a university,
university foundation, state college or community college shall not
release, disclose or otherwise use any personally identifiable
information concerning a student without the prior written consent of the
student for:
(a) Commercial or noncommercial purposes if the student has
returned a form indicating that he does not authorize release or
disclosure for those purposes without his consent;
(b) Commercial purposes if the student has returned a form
indicating that he does not authorize release or disclosure for those
purposes without his consent; or
(c) Noncommercial purposes if the student has returned a form
indicating that he does not authorize release or disclosure for those
purposes.
3. As used in this section:
(a) “Commercial purposes” means the use of directory information by
any person, including, without limitation, a corporation or other
business, outside of the System to solicit or provide facilities, goods
or services in exchange for the payment of any purchase price, fee,
contribution, donation or other valuable consideration.
(b) “Directory information” has the meaning ascribed to it in 20
U.S.C. § 1232g(a)(5)(A).
(c) “Personally identifiable information” means information that
may be used to identify a person, including, without limitation, the
name, address, telephone number, date of birth, and directory information
of a person.
(d) “University foundation” has the meaning ascribed to it in NRS
396.405 .
(Added to NRS by 2003, 2486 )
1. For the purposes of this section:
(a) “Bona fide resident” shall be construed in accordance with the
provisions of NRS 10.155 and policies
established by the Board of Regents, to the extent that those policies do
not conflict with any statute. The qualification “bona fide” is intended
to assure that the residence is genuine and established for purposes
other than the avoidance of tuition.
(b) “Matriculation” has the meaning ascribed to it in regulations
adopted by the Board of Regents.
(c) “Tuition charge” means a charge assessed against students who
are not residents of Nevada and which is in addition to registration fees
or other fees assessed against students who are residents of Nevada.
2. The Board of Regents may fix a tuition charge for students at
all campuses of the System, but tuition must be free to:
(a) All students whose families have been bona fide residents of
the State of Nevada for at least 12 months prior to the matriculation of
the student at a university, state college or community college within
the System;
(b) All students whose families reside outside of the State of
Nevada, providing such students have themselves been bona fide residents
of the State of Nevada for at least 12 months before their matriculation
at a university, state college or community college within the System;
(c) All public school teachers who are employed full time by school
districts in the State of Nevada;
(d) All full-time teachers in private elementary, secondary and
postsecondary educational institutions in the State of Nevada whose
curricula meet the requirements of chapter 394 of NRS;
(e) Employees of the System who take classes other than during
their regular working hours; and
(f) Members of the Armed Forces of the United States.
3. The Board of Regents may grant tuitions free each semester to
other worthwhile and deserving students from other states and foreign
countries, in a number not to exceed a number equal to 3 percent of the
total matriculated enrollment of students for the last preceding fall
semester.
[10:37:1887; A 1921, 7; 1945, 258; 1943 NCL § 7735]—(NRS A 1959,
285; 1963, 78; 1965, 214; 1969, 1436; 1975, 1517; 2005, 361 , 1421 )
1. The Board of Regents may enter into an agreement with another
state for the granting of full or partial waivers of the nonresident
tuition to residents of the other state who are students at or are
eligible for admission to any branch of the System if the agreement
provides that, under substantially the same circumstances, the other
state will grant reciprocal waivers to residents of Nevada who are
students at or are eligible for admission to universities or colleges in
the other state.
2. Each agreement must specify:
(a) The criteria for granting the waivers; and
(b) The specific universities, state colleges and community
colleges for which the waivers will be granted.
3. The Board of Regents shall provide by regulation for the
administration of any waivers for which an agreement is entered into
pursuant to subsection 1.
4. The waivers granted pursuant to this section must not be
included in the number of waivers determined for the purpose of applying
the limitation in subsection 3 of NRS 396.540 .
(Added to NRS by 1983, 1043; A 1993, 350; 2005, 361 )
1. The Board of Regents of the University of Nevada may grant a
waiver of registration fees and laboratory fees for any member of the
active Nevada National Guard, including, without limitation, a recruit,
who attends a school within the System as a full-time or part-time
student. For the purpose of assessing fees and charges against a person
to whom a waiver is granted pursuant to this subsection, including,
without limitation, tuition charges pursuant to NRS 396.540 , such a person shall be deemed to be a bona
fide resident of this State.
2. To be eligible for a waiver pursuant to subsection 1, a person
must:
(a) Be a member in good standing of the active Nevada National
Guard, including, without limitation, a recruit, at the beginning of and
throughout the entire semester for which the waiver is granted; and
(b) Maintain at least a 2.0 grade point average, on a 4.0 grading
scale, each semester, or the equivalent of a 2.0 grade point average if a
different grading scale is used.
3. The Board of Regents may request the Adjutant General to verify
the membership in the active Nevada National Guard of a person who is
seeking or has been granted a waiver of registration fees and laboratory
fees pursuant to subsection 1. The Adjutant General shall, upon receiving
such a request, notify the Board of Regents in writing concerning the
status and dates of membership of that person in the active Nevada
National Guard.
4. If a waiver is granted pursuant to subsection 1 for a recruit
and the recruit does not enter full-time National Guard duty within 1
year after enlisting, the recruit shall reimburse the Board of Regents
for all registration fees and laboratory fees waived on behalf of the
recruit if his failure to enter full-time National Guard duty is
attributable to his own conduct.
5. As used in this section:
(a) “Full-time National Guard duty” has the meaning ascribed to it
in 32 U.S.C. § 101(19).
(b) “Recruit” means a person who has enlisted in the Nevada
National Guard but has not begun his required military duty.
(Added to NRS by 2003, 20th Special Session, 271 ; A 2005, 583 )
1. To the extent of legislative appropriation, the Board of
Regents shall pay all registration fees, laboratory fees and expenses for
required textbooks and course materials assessed against or incurred by a
dependent child of:
(a) A police officer, firefighter or officer of the Nevada Highway
Patrol who was killed in the line of duty; or
(b) A volunteer ambulance driver or attendant who was killed while
engaged as a volunteer ambulance driver or attendant,
Ê for classes taken towards satisfying the requirements of an
undergraduate degree at a school within the System. No such payment may
be made for any fee assessed after the child reaches the age of 23 years.
2. There is hereby created in the State Treasury a Trust Fund for
the Education of Dependent Children. The Board of Regents shall
administer the Trust Fund. The Board of Regents may accept gifts and
grants for deposit in the Trust Fund. All money held by the State
Treasurer or received by the Board of Regents for that purpose must be
deposited in the Trust Fund. The money in the Trust Fund must be invested
as the money in other state funds is invested. After deducting all
applicable charges, all interest and income earned on the money in the
Trust Fund must be credited to the Trust Fund.
3. As used in this section:
(a) “Firefighter” means a person who is a salaried employee or
volunteer member of a fire prevention or suppression unit organized by a
local government and whose principal duty is to control and extinguish
fires.
(b) “Local government” means a county, city, unincorporated town or
metropolitan police department.
(c) “Police officer” means a person who is a salaried employee of a
police department or other law enforcement agency organized or operated
by a local government and whose principal duty is to enforce the law.
(d) “Volunteer ambulance driver or attendant” means a person who is
a driver of or attendant on an ambulance owned or operated by:
(1) A nonprofit organization that provides volunteer
ambulance service in any county, city or town in this State; or
(2) A political subdivision of this State.
(Added to NRS by 1995, 2219; A 1997, 469; 2005, 327 , 361 )
1. In the most timely manner practicable after receiving a written
request for an electronic version of instructional material from a
student with a print access disability, an institution shall provide to
the student, at no cost, an electronic version of each requested
instructional material that the institution determines is essential to
the success of the student in a course of study offered by an institution
of the System in which the student is enrolled.
2. If an institution receives a request for an electronic version
of nonprinted instructional material from a student pursuant to
subsection 1 to whom the institution would be required to provide an
electronic version of the material pursuant to subsection 1 and an
electronic version of the nonprinted instructional material is not
currently available at the institution or at another institution of the
System, the institution must contact the publisher of the nonprinted
instructional material and request an electronic version of the
nonprinted instructional material. If the publisher:
(a) Has an electronic version of the nonprinted instructional
material, the publisher must provide the electronic version to the
institution for distribution to the student; or
(b) Does not have an electronic version of the nonprinted
instructional material, the institution must create and provide to the
student an electronic version in the most timely manner practicable after
the institution is notified by the publisher that the publisher does not
have an electronic version of the nonprinted instructional material.
3. As used in this section:
(a) “Institution” means any university, state college or community
college within the System.
(b) “Instructional material” means any published textbook and other
published material that is used by students of the System. The term does
not include nontextual mathematics and science materials unless, as
determined by the Board of Regents, such materials are commercially
available in a format that is compatible for use with equipment which is
used by students of the System with print access disabilities to convert
material into a format that provides them with the ability to have
increased independent access to the material. The term includes, without
limitation, nonprinted instructional material.
(c) “Nonprinted instructional material” means instructional
material that is in a format other than print. The term does not include
a website or Internet link that is associated with instructional
material. The term includes, without limitation, instructional material
that requires electronic equipment other than a computer or computer
peripheral for the material to be used as a learning resource, such as a
software program, videodisc, videotape and audiotape.
(d) “Print access disability” means a condition in which a person’s
independent reading of, reading comprehension of, or visual access to
printed material is limited or reduced because of a sensory,
neurological, cognitive, physical or psychiatric disability.
(Added to NRS by 2003, 915 )
1. The student body of each branch of the System may establish a
student government. The student government shall adopt a set of bylaws
which are subject to the approval of:
(a) A majority of the students who vote in an election held for
that purpose; and
(b) The Board of Regents.
2. Such a student government to the extent of its authority set
forth in the bylaws is self-governing and independent of the
administration of the System, financially and otherwise.
3. The Board of Regents shall collect a fee from each
undergraduate student at a branch of the System for the support of the
student government of that branch upon:
(a) Receipt of a request by the student government for the
imposition of such a fee; and
(b) Approval by the Board of Regents of the amount of the fee so
requested.
(Added to NRS by 1983, 1030; A 1993, 350)
The Board of Regents
shall require employees of the System to provide to the board of trustees
of each school district of this State, as appropriate, information
regarding the:
1. Number of pupils who graduated from a high school in the
district in the immediately preceding year and enrolled in remedial
courses in reading, writing or mathematics at a university, state college
or community college within the System.
2. Costs incurred by the System in providing remedial instruction
pursuant to subsection 1.
(Added to NRS by 1997, 1775; A 2005, 362 )
The Board of
Regents shall have the power to prescribe the time and standards of
graduation.
[Part 3:37:1887; A 1917, 52; 1945, 448; 1943 NCL § 7728]
1. Upon the recommendation of a president of a branch within the
System, the Board of Regents shall issue to those who worthily complete
the full course of study in the school of mines or in the school of
agriculture, or in the school of liberal arts, or in any equivalent
course that may hereafter be prescribed, a diploma of graduation,
conferring the proper academic degree, from the System.
2. The Board of Regents shall not issue such a diploma to a
student who has not completed the full course of study as set forth in
this section.
3. For the purposes of this section, a student at a university or
state college within the System completes the full course of study for a
diploma of graduation if, in accordance with the policy of the Board of
Regents, he satisfies the requirements for graduation and a degree as set
forth in the catalog of the university or state college that is in effect
at the time the student:
(a) First enrolls in the university or state college or is admitted
to the academic program or department of the student’s major if the
program or department has a formal process for admitting students to the
program or department; or
(b) Graduates,
Ê whichever the student elects. A student who changes his major must
elect the catalog of the year of the latest change of the major or the
year of graduation. A student may not elect a catalog that is more than
10 years old at the time of his graduation.
[Part 7:37:1887; A 1891, 92; 1895, 89; C § 1396; RL § 4645; NCL §
7732]—(NRS A 1969, 1437; 1993, 351; 2005, 1096 )
1. All credits earned by a student in a course at
a community college within the System, including, without limitation, all
credits earned in a course toward the award of an associate’s degree must
automatically transfer toward the course work required of the student in
his major or minor, or other course work required of the student, for the
award of a baccalaureate degree upon graduation of the student from any
university or state college within the System.
2. Pursuant to the policy of the Board of Regents, a student who
is awarded an associate’s degree:
(a) Shall be deemed to have completed the course of study required
of a sophomore.
(b) If he enrolls in another institution within the System, must be
enrolled as a junior.
3. All credits earned toward the completion of a degree of
associate of arts, associate of science or associate of business must
automatically transfer toward the course work required for the award of a
baccalaureate degree upon the graduation of the student from any
university or college within the System.
Ê If the transfer of credit pursuant to this section is denied and the
student believes that the credit should be applied to his degree, he may
appeal the decision. The appeal process must be made available to all
students and may be posted on the website of the System.
(Added to NRS by 1997, 1475; A 2003, 1249 ; 2005, 1096 )
Upon the recommendation of a president of a branch within the
System, the Board of Regents shall issue to those who worthily complete
the full course of study in any other department of the System, not
equivalent to a regular course, a diploma of graduation, but the diploma
must bear the name of the department from which it is issued, and in no
case may it bear the heading of the regular diploma issued by the Board
of Regents.
[Part 7:37:1887; A 1891, 92; 1895, 89; C § 1396; RL § 4645; NCL §
7732]—(NRS A 1969, 1437; 1993, 351)
1. The Board of Regents shall require each student who
participates as a member of a varsity athletic team which represents the
University of Nevada, Reno, or the University of Nevada, Las Vegas, to
make satisfactory progress toward obtaining a degree as a condition of
participation as a member of the team.
2. The Board of Regents shall establish standards for determining
whether a student is making satisfactory progress toward obtaining his
degree as required by this section. The standards must:
(a) Include a requirement that a student enroll in a sufficient
number of courses in each semester that are required to obtain the
academic degree the student is seeking to allow the student to complete
the requirements for obtaining the degree within a reasonable period
after his admission.
(b) Include a requirement that a student maintain a minimum
grade-point average in the courses required pursuant to paragraph (a).
(Added to NRS by 1993, 336)
The
University of Nevada, Reno, and the University of Nevada, Las Vegas, may
each elect to insure members of varsity and freshman athletic teams
representing the respective campuses for unlimited medical coverage for
injuries incurred while the members of the teams are engaged in organized
practice or actual competition or any activity related thereto. Such
insurance must be obtained from a private carrier.
(Added to NRS by 1973, 288; A 1981, 900, 1527; 1999, 1826 )
STATE CLIMATOLOGIST
1. The Office of State Climatologist is hereby created.
2. The Director of the State Department of Conservation and
Natural Resources shall employ as the State Climatologist a person who
has received the approval of:
(a) The National Climatic Data Center of the National Oceanic and
Atmospheric Administration;
(b) The Western Regional Director of the National Weather Service;
and
(c) An officer of the System.
3. The State Climatologist shall:
(a) Maintain descriptions of and information on the climate in this
state, including the atmospheric conditions and levels of precipitation;
and
(b) Publish his findings concerning the climate in this state at
least quarterly.
(Added to NRS by 1985, 688; A 1993, 351; 1995, 806)
1. The System may provide the State Climatologist with adequate
space for an office and necessary supplies.
2. The State Climatologist may, in addition to his employment as
State Climatologist:
(a) Be employed by the Board of Regents as a member of the teaching
staff of one of the branches or facilities within the System; and
(b) Accept employment as a consultant.
(Added to NRS by 1985, 689; A 1993, 352)
PUBLIC SERVICE DIVISION
In General
The Public Service Division of the
System consists of the following public service departments:
1. Agricultural Extension.
2. Agricultural Experiment Station.
3. Bureau of Mines and Geology.
4. Such other departments as the Board of Regents may designate.
[1:98:1915; 1919 RL p. 3209; NCL § 7765] + [Part 2:98:1915; 1919 RL
p. 3210; NCL § 7766] + [3:98:1915; 1919 RL p. 3210; NCL § 7767] +
[5:98:1915; 1919 RL p. 3210; NCL § 7769]—(NRS A 1957, 766; 1959, 618;
1969, 1437; 1971, 368; 1985, 1125; 1993, 352)
All rules and regulations
necessary for the proper administration and enforcement of the Public
Service Division of the System must be made by the presidents, the
Chancellor and the Board of Regents.
[4:98:1915; 1919 RL p. 3210; NCL § 7768]—(NRS A 1969, 1438; 1993,
352)
Bureau of Mines and Geology
1. Subject to the limitations specified in NRS 396.620 to 396.660 ,
inclusive, the Chancellor shall cause to be analyzed by an appropriate
employee of the System any ores, minerals, soil or water taken from
within the boundaries of the State of Nevada and sent by any resident of
the State for that purpose. Persons sending samples from post offices in
states bordering Nevada may be required to furnish evidence that their
samples are taken in Nevada and that they are Nevada residents. Any
resident of the State may send any such substance for analysis. The
report of the results of the analysis must be mailed to him within 10
working days after it has been received if he has supplied the
information for the maintenance of records as provided in this section.
The report sent to him must also contain as nearly as possible an
explanation of the uses and market value of the substance.
2. For each sample sent for analysis, the System shall charge a
fee of $5 which must be used to defray the expense of conducting the
analysis and storing the sample.
3. The System shall keep a record, open for inspection, under such
rules as may be made by the Board of Regents, of all minerals, ores or
other matters so sent, with a history of the minerals or other matters,
stating the name and residence of the person from whom received, as
nearly as possible the location from which the material was taken,
including the district and county, and any other relevant information.
This information for the records may be required to be filed with the
System before any work is done on the material sent, and the 10-day limit
for reports will count from the time the information is received by the
System. The System shall cause the preparation and printing of forms for
providing the information and shall distribute the forms at no charge.
4. A portion of the sample analyzed must be kept by the System for
3 months after the report is sent out, in case any question should arise
in relation to the report or additional information be desired. After
that time expires, samples may be destroyed or used for any desirable
purpose.
[1:84:1895; A 1931, 229; 1933, 147; 1931 NCL § 7754]—(NRS A 1969,
1526; 1981, 1715; 1985, 466; 1993, 352, 1597; 1995, 579; 1997, 20; 2005,
1092 )
If the same general kind of matter for analysis is sent from
the same district and previous analyses have shown its character and
values, it shall not be necessary to analyze the same, but an assay shall
be run to determine the value thereof, and shall be sent by mail to the
person desiring the same.
[2:84:1895; A 1933, 147; 1931 NCL § 7755]
Samples for
analysis shall be analyzed in the order received, as far as possible.
[3:84:1895; A 1933, 147; 1931 NCL § 7756]
1. Gold and silver samples requiring assays and exact quantitative
determinations are limited to two in any 30-day period; and of the
so-called strategic or war minerals, such as antimony, arsenic,
beryllium, manganese, magnesium, tungsten, molybdenum, quicksilver, zinc,
lead, copper, tin, chromium, cadmium, or other strategic minerals for the
assaying of which the average assay office is not equipped, there shall
be run up to five assays or quantitative determinations for any single
person or associated group of persons. Samples sent for ordinary rock and
mineral determinations are limited to 10 in any 30-day period.
2. In order to save the State unnecessary expense, if preliminary
examinations by microscope and qualitative tests indicate material of no
economic value, exact quantitative analyses are not to be run on such
samples, and reports on such material will indicate why such material has
no commercial value.
[Part 4:84:1895; A 1897, 91; 1925, 29; 1931, 229; 1933, 147; 1943,
180; 1943 NCL § 7757]
620 to 396.660 ,
inclusive.
1. The main object of NRS 396.620 to 396.660 ,
inclusive, as it relates to ore samples, is to aid the prospector in the
discovery of new mineral deposits.
2. NRS 396.620 to 396.660 , inclusive, shall not apply in the following
cases:
(a) To operating mines. The term “operating mines” as used in this
subsection means those properties milling or shipping ore or being worked
by hired labor.
(b) To engineers sampling mines or prospects for purposes of
valuation.
(c) To so-called “control assays” to check other assayers on ore
known to be of value.
[Part 4:84:1895; A 1897, 91; 1925, 29; 1931, 229; 1933, 147; 1943,
180; 1943 NCL § 7757]
Agricultural Extension
The assent of the State of Nevada by its Legislature is
hereby given to the provisions and requirements of an Act of Congress
entitled “An Act to provide for cooperative extension work between the
agricultural colleges in the several States receiving the benefits of an
Act of Congress approved July second, eighteen hundred and sixty-two, and
of Acts supplementary thereto, and the United States Department of
Agriculture,” approved May 8, 1914 (c. 79, 38 Stat. 372), and any acts
amendatory thereof and supplemental thereto. The Board of Regents is
hereby authorized and empowered to receive the grants of money
appropriated under such federal acts, and to organize and conduct
agricultural extension work which must be carried on in connection with
the College of Agriculture of the System, in accordance with the terms
and conditions expressed in such Acts of Congress.
[1:9:1915; 1919 RL p. 3209; NCL § 7748]—(NRS A 1969, 1438; 1993,
353)
Agricultural Experiment Station
The Agricultural Experiment Station,
organized and established by the Board of Regents in connection with the
System, is hereby recognized and continues as a part of the System. The
Agricultural Experiment Station must be conducted for the purposes of
acquiring and diffusing among the people useful and practical information
on subjects connected with agriculture and to promote scientific
investigation and experiment respecting the principles and applications
of agricultural science.
[Part 1:26:1889; C § 1411; RL § 456; NCL § 374]—(NRS A 1969, 1438;
1993, 353)
The Board of Regents, upon
recommendation of the appropriate officer of the System shall appoint a
qualified person to conduct the Agricultural Experiment Station and grant
him such assistants as it deems necessary.
[2:26:1889; C § 1412; RL § 457; NCL § 375] + [Part 3:98:1915; 1919
RL p. 3210; NCL § 7767]—(NRS A 1969, 1438; 1993, 353)
The Board of Regents and
the Director appointed by the Board shall, to the best of their ability,
observe and carry out the requirements of an Act of Congress entitled “An
Act to establish agricultural experiment stations in connection with the
colleges established in the several states under the provisions of an act
approved July second, eighteen hundred and sixty-two, and of the acts
supplementary thereto,” approved March 2, 1887 (c. 314, 24 Stat. 440),
and all acts amendatory thereof and supplemental thereto. The Board of
Regents shall have charge of the receipts, safekeeping and expenditure of
all money appropriated by Congress for the benefit and use of the
Agricultural Experiment Station.
[Part 3:26:1889; C § 1413; RL § 458; NCL § 376]
The Legislature of
Nevada hereby gratefully assents to the purposes of all grants of money
made heretofore and all which may hereafter be made to the State of
Nevada by Congress, under the Act of Congress entitled “An Act to
establish agricultural experiment stations in connection with the
colleges established in the several states under the provisions of an act
approved July second, eighteen hundred and sixty-two, and of the acts
supplementary thereto,” approved March 2, 1887 (c. 314, 24 Stat. 440),
and agrees that the same shall be used only for the purposes named in the
Act of Congress or acts amendatory thereof or supplemental thereto.
[5:26:1889; C § 1415; RL § 460; NCL § 378]
The Director and the Board of
Regents shall make a report to the Governor before September 1 of each
even-numbered year covering the biennium ending June 30 of such year. The
Governor shall transmit all reports to the Legislature.
[Part 4:26:1889; C § 1414; RL § 459; NCL § 377]—(NRS A 1969, 1457)
1. The Director of the Nevada Agricultural Experiment Station of
the System, with the approval of the Board of Regents, is hereby
authorized and directed to enter into cooperative agreements with the
United States Department of Agriculture under the provisions of an Act of
Congress entitled “An Act to provide for further research into basic laws
and principles relating to agriculture and to improve and facilitate the
marketing and distribution of agricultural products,” approved August 14,
1946 (c. 966, 60 Stat. 1082; 7 U.S.C. § 427).
2. The Nevada Agricultural Experiment Station Fund is hereby
created. Support for the Fund must be provided by legislative
appropriation from the State General Fund.
3. All claims against the Nevada Agricultural Experiment Station
Fund must be certified by the Director of the Nevada Agricultural
Experiment Station, approved by the Board of Regents and the State Board
of Examiners and when so certified and approved, the State Controller is
authorized to draw his warrants in payment of the claim, and the State
Treasurer is authorized to pay the claim.
[Part 1:229:1947; 1943 NCL § 363.11] + [Part 2:229:1947; A 1949,
545] + [3:229:1947; 1943 NCL § 363.13]—(NRS A 1969, 1438; 1993, 353)
CENTER FOR THE ANALYSIS OF CRIME STATISTICS
The Center for the Analysis of Crime Statistics is hereby
established within the Department of Criminal Justice at the University
of Nevada, Las Vegas. The Center may:
1. Apply for any available grants and accept any gifts, grants or
donations; and
2. Use any such gifts, grants or donations to aid the Center in
carrying out its duties and functions.
(Added to NRS by 2003, 642 )
DESERT RESEARCH INSTITUTE
To contribute more effectively to the
security of the nation and to promote the general welfare of the State of
Nevada and its citizens through the development of educational and
scientific research, the Board of Regents may establish for educational
and scientific research a facility within the System to be known as the
Desert Research Institute.
(Added to NRS by 1959, 285; A 1981, 900; 1993, 354)
The primary purposes of the Institute are
to:
1. Foster and conduct fundamental scientific, economic, social or
educational investigations and applied research for industry,
governmental or private agencies or individuals;
2. Encourage and foster a desire in students and faculty to
conduct research;
3. Discover and develop talent for conducting research;
4. Acquire and disseminate knowledge related to the projects
undertaken; and
5. Promote all research within the System generally.
(Added to NRS by 1959, 286; A 1969, 1439; 1993, 354)
To further the
development of the research activities of the System, the Board of
Regents, on behalf of the Desert Research Institute, may:
1. Enter into contracts with governmental or private agencies or
natural persons who wish to use the services or facilities of the Desert
Research Institute.
2. Receive and hold, by gift, bequest, devise, grant, purchase or
otherwise, any real or personal property, including patents, copyrights,
royalties and contracts from natural persons or corporations.
3. Manage, invest, use and dispose of any property so received,
either as specified by the donor or for the furtherance of the objectives
of the Desert Research Institute.
4. Receive, invest, disburse and account for all money acquired
pursuant to subsection 2 or through contractual or sponsored arrangements
with governmental or private agencies or natural persons.
(Added to NRS by 1959, 286; A 1965, 93; 1979, 215; 1993, 354)
1. The Board of Regents may devise and establish personnel
policies and procedures in connection with the operation of contractual
or sponsored research activities of the Institute, apart from those
personnel policies and procedures which are established for the
professional personnel of other branches or facilities of the System.
2. In devising and establishing such personnel policies and
procedures, the Board of Regents is not bound by any of the other
provisions of this chapter or the provisions of title 23 of NRS and none
of those provisions are applicable to any person employed in connection
with the operation of contractual or sponsored research activities of the
Institute except as may be prescribed by the Board of Regents.
(Added to NRS by 1959, 286; A 1981, 900; 1993, 354)
Any money received by the Board of Regents on behalf of the Desert
Research Institute pursuant to NRS 396.7952 , may be deposited by the Board of Regents to
the credit of the Desert Research Institute in one or more state or
national banks or credit unions in the State of Nevada. Such deposits may
be either time deposits or on open account subject to check without
notice. The Board of Regents may act through any authorized agent or
agents in depositing or withdrawing any money in such accounts.
(Added to NRS by 1959, 286; A 1999, 1490 )
1. The Board of Regents shall devise and establish fiscal policies
and procedures in connection with the operation of contractual or
sponsored research activities of the institute, apart from those fiscal
policies and procedures which are applicable to other branches or
facilities of the System.
2. None of the other provisions of this chapter or the provisions
of titles 23 or 31 of NRS or any other statute relating to public
officers and employees or public financial administration applies to the
receipt, investment, management, disbursement, use, expenditure or
accounting for any money or property received by the Board of Regents
pursuant to NRS 396.7952 , except as
otherwise provided in subsection 4 of NRS 396.7952 .
3. Any funds received by or made available to the Board of Regents
for the Desert Research Institute by the State of Nevada, whether
pursuant to direct legislative appropriation or otherwise, are subject to
all laws relating to public funds and expenditures.
(Added to NRS by 1959, 287; A 1981, 900; 1993, 355)
1. The Legislature finds that:
(a) Basic scientific research is essential to any real solution of
the energy crisis affecting many parts of the nation.
(b) Investigation of the potential contribution of harnessed solar
energy may offer some significant answers to the problem of diminishing
power resources.
(c) The facilities of the Desert Research Institute are uniquely
capable of being applied to the study of solar energy as a source of
power generation.
2. The Board of Regents, through the Desert Research Institute, is
authorized and encouraged to undertake research concerning the use of
solar energy as a source of power. As part of the study, consideration
must be given to the relative advantages and disadvantages of the various
methods of power generation through the utilization of solar energy.
(Added to NRS by 1973, 268; A 1993, 355)
ETHICS INSTITUTE
The Board of Regents shall establish
for educational research an Ethics Institute as a facility within the
System to study questions and define standards regarding medical ethics.
(Added to NRS by 1987, 1232; A 1993, 355)
The Ethics Institute may:
1. Plan and arrange educational activities to provide for
practical applications of ethical consensus in medical practice.
2. Act as a forum for persons to address issues of medical ethics.
3. Coordinate informed communication between providers of health
care and persons who make public policy in matters of medical ethics.
4. Act as a clearinghouse of information for members of the
medical profession, hospital administrators, persons who make public
policy and the public on matters of medical ethics.
(Added to NRS by 1987, 1233)
The Board of Regents, on
behalf of the Ethics Institute, may:
1. Enter into contracts with persons or governmental agencies who
wish to use the services or facilities of the Ethics Institute.
2. Accept gifts or grants of money or property.
3. Receive and hold any real or personal property, including
patents, copyrights, royalties and contracts.
4. Manage, invest, use and dispose of any property received,
either as specified by the donor or for the furtherance of the objectives
of the Ethics Institute.
(Added to NRS by 1987, 1233)
1. The Board of Regents may establish policies and procedures for
personnel in connection with the operation of contractual or sponsored
activities of the Ethics Institute, apart from those policies and
procedures which are established for the professional personnel of other
branches or facilities of the System.
2. In establishing the policies and procedures, the Board of
Regents is not bound by any of the other provisions of this chapter or
the provisions of title 23 of NRS and none of those provisions are
applicable to any person employed in connection with the operation of
contractual or sponsored activities of the Institute except as may be
prescribed by the Board of Regents.
(Added to NRS by 1987, 1233; A 1993, 355)
Any money received by the Board of Regents on behalf of the Ethics
Institute pursuant to NRS 396.7972 ,
may be deposited by the Board of Regents to the credit of the Ethics
Institute in any financial institution in the State of Nevada that is
federally insured or insured by a private insurer approved pursuant to
NRS 678.755 . The Board of Regents may
act through any authorized agent in depositing or withdrawing any money
in such an account.
(Added to NRS by 1987, 1233; A 1999, 1491 )
1. The Board of Regents shall establish fiscal policies and
procedures in connection with the operation of contractual or sponsored
activities of the Ethics Institute, apart from those fiscal policies and
procedures which are applicable to other branches or facilities of the
System.
2. None of the other provisions of this chapter or the provisions
of title 23 or 31 of NRS or any other statute relating to public officers
and employees or public financial administration applies to the receipt,
investment, management, disbursement, use, expenditure or accounting for
any money or property received by the Board of Regents pursuant to NRS
396.7972 .
3. Any money received by or made available to the Board of Regents
for the Ethics Institute is subject to all laws relating to public money
and expenditures.
(Added to NRS by 1987, 1233; A 1993, 356)
ACQUISITION OF REAL PROPERTY FOR FUTURE DEVELOPMENT AND EXPANSION OF
UNIVERSITY OF NEVADA, RENO
The Board of Regents, in the name and on behalf of the
System, may:
1. Cause to be formed a nonprofit corporation pursuant to chapter
82 of NRS for the acquisition of real
property for the future development and expansion of the University of
Nevada, Reno, in Washoe County.
2. Provide the name of the corporation.
3. Specify that it is formed for charitable and educational
purposes, subject to the basic object provided therefor in subsection 1.
4. Specify incidental powers which the corporation may exercise,
including without limitation:
(a) The power to solicit and receive contributions, gifts, grants,
devises and bequests of real and personal property, or any combination
thereof;
(b) The powers enumerated in NRS 82.121 ; and
(c) The power to do all acts and things as may be necessary or
convenient or desirable to carry out the objects and purposes for which
the corporation is formed.
5. Provide for:
(a) The location and relocation of the principal office of the
corporation;
(b) The distribution of its assets, after the liquidation of its
obligations, if any, to the System or its Board of Regents, as it may
determine, for the benefit of the System upon any dissolution and
liquidation of the corporation;
(c) Its perpetual existence;
(d) Its governing body and appointments and reappointments of
members thereto; and
(e) The adoption and alteration from time to time of bylaws by the
corporation.
(Added to NRS by 1968, 2; A 1969, 1439; 1981, 696; 1991, 1314;
1993, 356)
Neither the System nor the Board of
Regents is obligated to acquire from such a nonprofit corporation any
property acquired by it, except as is otherwise provided in NRS 396.7998
.
(Added to NRS by 1968, 3; A 1969, 1448; 1993, 357)
Such a
nonprofit corporation, upon its formation, is:
1. A corporate agency of the System and the Board of Regents;
2. A body corporate and politic; and
3. A political subdivision of this state.
(Added to NRS by 1968, 3; A 1969, 1448; 1993, 357)
No part of the activities of such corporation shall consist of carrying
on propaganda, or otherwise attempting to influence legislation, or
participation or intervention in (including without limitation the
publishing or distribution of statements) any political campaign on
behalf of any candidate for public office.
(Added to NRS by 1968, 3)
The activities of such corporation are hereby determined to be
essentially public in nature.
(Added to NRS by 1968, 3)
Any income of the
corporation shall not inure to any member thereof or to any other private
person, partnership or corporation, excluding any payment of the
nonprofit corporation’s operation and maintenance expenses, any
securities requirements, and any other obligations based on contract or
tort.
(Added to NRS by 1968, 3)
The System, or the Board of Regents, as it may
determine, has the beneficial interest in the corporation while any
obligations evidenced by its bonds or other securities remain
outstanding. The System or the Board of Regents, as it may determine, may
obligate itself to take full legal title to the property of the
corporation upon the retirement of its securities.
(Added to NRS by 1968, 3; A 1969, 1448; 1993, 357)
The System,
acting by and through the Board of Regents may:
1. Approve the corporation and any securities issued thereby.
2. Do all acts necessary, convenient or desirable, as the Board
may determine, to carry out the provisions of this section.
(Added to NRS by 1968, 3; A 1993, 357)
ACQUISITION OF REAL PROPERTY FOR FUTURE DEVELOPMENT AND EXPANSION OF
UNIVERSITY OF NEVADA, LAS VEGAS
The Board of Regents, in the name and on the behalf of the
System, may:
1. Cause to be formed a nonprofit corporation pursuant to chapter
82 of NRS for the acquisition of real
property for the future development and expansion of the University of
Nevada, Las Vegas, in Clark County.
2. Provide the name of the corporation.
3. Specify that it is formed for charitable and educational
purposes, subject to the basic object provided therefor in subsection 1.
4. Specify incidental powers which the corporation may exercise,
including without limitation:
(a) The power to solicit and receive contributions, gifts, grants,
devises and bequests of real and personal property, or any combination
thereof;
(b) The powers enumerated in NRS 82.121 ; and
(c) The power to do all acts and things as may be necessary or
convenient or desirable to carry out the objects and purposes for which
the corporation is formed.
5. Provide for:
(a) The location and relocation of the principal office of the
corporation;
(b) The distribution of its assets, after the liquidation of its
obligations, if any, to the System or the Board of Regents, as it may
determine, for the benefit of the University of Nevada, Las Vegas, upon
any dissolution and liquidation of the corporation;
(c) Its perpetual existence;
(d) Its governing body and appointments and reappointments of
members thereto; and
(e) The adoption and alteration from time to time of bylaws by the
corporation.
(Added to NRS by 1967, 1342; A 1969, 1439; 1981, 696; 1991, 1315;
1993, 357)
Neither the System nor the Board of
Regents is obligated to acquire from such a nonprofit corporation any
property acquired by it, except as is otherwise provided in NRS 396.807
.
(Added to NRS by 1967, 1342; A 1969, 1448; 1993, 358)
Such a
nonprofit corporation, upon its formation, is:
1. A corporate agency of the System and the Board of Regents;
2. A body corporate and politic; and
3. A political subdivision of this state.
(Added to NRS by 1967, 1342; A 1969, 1448; 1993, 358)
No part of the activities of such corporation shall consist of carrying
on propaganda, or otherwise attempting to influence legislation, or
participation or intervention in (including without limitation the
publishing or distribution of statements) any political campaign on
behalf of any candidate for public office.
(Added to NRS by 1967, 1343)
The activities of such corporation are hereby determined to be
essentially public in nature.
(Added to NRS by 1967, 1343)
Any income of the
corporation shall not inure to any member thereof or to any other private
person, partnership or corporation, excluding any payment of the
nonprofit corporation’s operation and maintenance expenses, any
securities requirements, and any other obligations based on contract or
tort.
(Added to NRS by 1967, 1343)
The System, or the Board of Regents, as it may
determine, has the beneficial interest in the corporation while any
obligations evidenced by its bonds or other securities remain outstanding
and the System or the Board of Regents, as it may determine, may obligate
itself to take full legal title to the property of the corporation upon
the retirement of its securities.
(Added to NRS by 1967, 1343; A 1969, 1448; 1993, 358)
The System,
acting by and through the Board of Regents may:
1. Approve the corporation and any securities issued thereby.
2. Do all acts necessary, convenient or desirable, as the Board
may determine, to carry out the provisions of this section.
(Added to NRS by 1967, 1343; A 1993, 358)
UNIVERSITY SECURITIES LAW
NRS 396.809 to 396.885 ,
inclusive, may be known as the University Securities Law.
(Added to NRS by 1967, 2; A 2001, 2650 )
It is the purpose of
the University Securities Law to provide a procedure for financing any
projects otherwise authorized by law and for the issuance of securities
to evidence or reevidence obligations incurred in connection with any
projects. The University Securities Law is supplemental in nature, and
nothing herein contained shall be construed as authorizing any particular
project nor as authorizing the incurrence of any obligations to defray
the cost of any project.
(Added to NRS by 1967, 3)
The terms in NRS 396.812 to 396.838 ,
inclusive, defined for all purposes of the University Securities Law and
of any act amendatory thereof, supplemental thereto or relating thereto,
and of any instrument or document appertaining thereto, except where the
context by clear implication otherwise requires, have the meanings herein
specified.
(Added to NRS by 1967, 3)
“Acquisition” or
“acquire” includes the opening, laying out, establishment, purchase,
construction, securing, installation, reconstruction, lease, gift, grant
from the Federal Government, this state, any body corporate and politic
therein, or any person, the endowment, bequest, devise, transfer,
assignment, option to purchase, other contract or other acquirement, or
any combination thereof, of any properties pertaining to a project, or an
interest therein.
(Added to NRS by 1967, 3)
“Board” means the Board of Regents
of the University of Nevada, constituting the governing body of the State
University and a body corporate and politic by the name of the “Board of
Regents of the University of Nevada,” is a political subdivision of this
state, and means any successor governing body of the University.
(Added to NRS by 1967, 3; A 1969, 1440)
“Chairman,” or “Chairman of the Board,” or any phrase of similar import,
means the de facto or de jure presiding officer of the Board, or his
successor in functions, if any.
(Added to NRS by 1967, 3)
“Chancellor
of the University” means the de facto or de jure presiding officer of the
System and its Chief Administrative Officer, now designated as the
Chancellor of the System, and formerly designated as the Chancellor of
the University of Nevada System and the President of the University of
Nevada, or his successor in functions, if any. “Chancellor of the
University” does not mean the chief administrative officer of either the
branch of the University in Washoe County or the branch of the University
in Clark County, now designated respectively as the “President of the
University of Nevada, Reno” and the “President of the University of
Nevada, Las Vegas.” The latter officer was formerly designated as the
“Chancellor of Nevada Southern University.” Both of these officers are
responsible and subordinate to the Chancellor of the System.
(Added to NRS by 1971, 2126; A 1993, 358)
“Commercial bank” means:
1. A state or national bank or trust company that is a member of
the Federal Deposit Insurance Corporation, including, without limitation,
a branch of the Federal Reserve Bank.
2. A credit union whose deposits are insured by the National
Credit Union Share Insurance Fund or by a private insurer approved
pursuant to NRS 678.755 .
(Added to NRS by 1967, 3; A 1999, 1491 )
“Cost of any project,”
or any phrase of similar import, means all or any part designated by the
Board of the cost of any project, or interest therein, which cost at the
option of the Board may include all or any part of the incidental costs
pertaining to the project, including, without limitation:
1. Preliminary expenses advanced by the University or the Board
from funds available for use therefor, or advanced by this state, the
Federal Government, or from any other source, with the approval of the
Board, or any combination thereof;
2. The costs in the making of surveys, audits, preliminary plans,
other plans, specifications, estimates of costs and other preliminaries;
3. The costs of premiums on builders’ risk insurance and
performance bonds, or a reasonably allocable share thereof;
4. The costs of appraising, printing, estimates, advice, services
of engineers, architects, financial consultants, attorneys at law,
clerical help, or other agents or employees;
5. The costs of making, publishing, posting, mailing and otherwise
giving any notice in connection with a project, the filing or recordation
of instruments, the taking of options, the issuance of bonds and other
securities, and bank fees and expenses;
6. The costs of contingencies;
7. The costs of the capitalization with proceeds of bonds or other
securities issued hereunder of any operation and maintenance expenses
appertaining to any facilities to be acquired as a project and of any
interest on bonds or other securities for any period not exceeding the
period estimated by the Board to effect the project plus 1 year, of any
discount on bonds or other securities, and of any reserves for the
payment of the principal of and interest on the bonds or other
securities, of any replacement expenses, and of any other cost of
issuance of the bonds or other securities;
8. The costs of amending any resolution or other instrument
authorizing the issuance of or otherwise appertaining to outstanding
bonds or other securities of the University or the Board;
9. The costs of funding any medium-term obligations, construction
loans and other temporary loans of not exceeding 5 years appertaining to
a project and of the incidental expenses incurred in connection with such
loans; and
10. All other expenses necessary or desirable and appertaining to
a project, as estimated or otherwise ascertained by the Board.
(Added to NRS by 1967, 3; A 1975, 872; 1997, 558)
“Disposal” or
“dispose” means the sale, destruction, razing, loan, lease, grant,
transfer, assignment, option to sell, other contract, or other
disposition, or any combination thereof, of facilities, other property,
or any interest therein.
(Added to NRS by 1971, 2126)
“Equip” or
“equipment” means the furnishing of all related or appurtenant machinery,
furnishings, apparatus, paraphernalia and other gear, or any combination
thereof, pertaining to any project or other property, or any interest
therein.
(Added to NRS by 1971, 2126)
“Facilities” means buildings,
structures or other income-producing facilities from the operation of
which or in connection with which pledged revenues for the payment of any
bonds or other securities issued hereunder are derived, including without
limitation any facilities to be acquired with the proceeds of the bonds
or securities issued hereunder.
(Added to NRS by 1967, 4)
“Federal Government”
means the United States, or any agency, instrumentality or corporation
thereof.
(Added to NRS by 1967, 4)
“Federal securities”
means bills, certificates of indebtedness, notes, bonds or similar
securities which are direct obligations of, or the principal and interest
of which securities are unconditionally guaranteed by, the United States.
(Added to NRS by 1967, 4)
“Gross revenues” or “gross pledged revenues” means all pledged
revenues received by the University or the Board, or both the University
and the Board, and pledged for the payment of any securities issued
hereunder.
(Added to NRS by 1967, 4)
“Hereby,” “herein,” “hereinabove,” “hereinafter,”
“hereinbefore,” “hereof,” “hereto,” “hereunder,” and any similar term
refer to the University Securities Law and not solely to the particular
portion thereof in which such word is used; “heretofore” means before the
adoption of the University Securities Law; and “hereafter” means after
the adoption of the University Securities Law.
(Added to NRS by 1967, 4)
“Holder,” or any similar term, when
used in conjunction with any coupons, any bonds or any other securities
issued hereunder, means the person in possession and the apparent owner
of the designated item if such obligation is registered for payment to
bearer or is not registered, or the term means the registered owner of
the designated item if it is at the time registered for payment otherwise
than to bearer.
(Added to NRS by 1967, 4)
“Improvement” or
“improve” includes the extension, widening, lengthening, betterment,
alteration, reconstruction or other major improvement, or any combination
thereof, of any properties pertaining to a project, or an interest
therein, but does not mean renovation, reconditioning, patching, general
maintenance or other minor repair.
(Added to NRS by 1967, 4)
“Net revenues” or “net pledged revenues” means “gross revenues,” after
the deduction of operation and maintenance expenses.
(Added to NRS by 1967, 5)
“Operation and maintenance expenses,” or any phrase of similar import,
means all reasonable and necessary current expenses of the University or
the Board, or of both the University and the Board, as the case may be,
paid or accrued, of operating, maintaining and repairing the facilities
pertaining to the pledged revenues for the payment of the bonds or other
securities issued hereunder; and the term may include at the Board’s
option (except as limited by contract or otherwise limited by law),
without limiting the generality of the foregoing:
1. Legal and overhead expenses of the various university
departments directly related and reasonably allocable to the
administration of the facilities;
2. Fidelity bond and insurance premiums appertaining to the
facilities, or a reasonably allocable share of a premium of any blanket
bond or policy pertaining to the facilities;
3. The reasonable charges of any paying agent, or commercial bank,
trust bank, or other depository bank appertaining to any securities
issued by the University or by the Board or appertaining to any
facilities;
4. Contractual services, professional services, salaries,
administrative expenses, and costs of labor appertaining to facilities;
5. The costs incurred by the Board in the collection of all or any
part of the pledged revenues, including without limitation revenues
appertaining to any facilities;
6. Any costs of utility services furnished to the facilities by
the University or otherwise; and
7. Reasonable allowances for the depreciation of furniture and
equipment for the facilities.
(Added to NRS by 1967, 5)
The term “operation and maintenance expenses” does not
include:
1. Any allowance for depreciation, except as otherwise provided in
subsection 7 of NRS 396.825 ;
2. Any costs of reconstruction, improvements, extensions or
betterments;
3. Any accumulation of reserves for capital replacements;
4. Any reserves for operation, maintenance or repair of any
facilities;
5. Any allowance for the redemption of any bond or other security
evidencing a loan or other obligation or the payment of any interest
thereon;
6. Any liabilities incurred in the acquisition or improvement of
any properties comprising any project or any existing facilities, or any
combination thereof; and
7. Any other ground of legal liability not based on contract.
(Added to NRS by 1967, 5)
“Pledged revenues” means
the money pledged wholly or in part for the payment of bonds or other
securities issued hereunder and, subject to any existing pledges or other
contractual limitations, may include at the Board’s discretion, all
loans, grants or contributions to the University or the Board, if any,
conditional or unconditional, from the Federal Government, the State, any
public body or other donor for the payment of the principal of, the
interest on and any prior redemption premiums due in connection with any
securities issued hereunder, or any combination thereof, and may include
income or money derived from one, all or any combination of the following
sources of revenue, including, without limitation, student fees and other
fees, rates and charges appertaining thereto:
1. Dormitories, apartments and other facilities for housing;
2. Cafeterias, dining halls and other facilities for food service;
3. Student union and other facilities for student activities;
4. Store or other facilities for the sale or lease of books,
stationery, student supplies, faculty supplies, office supplies and like
material;
5. Stadium, arena, theater, field house and other athletic or
recreational facilities for use in part by spectators or otherwise;
6. Land and any structures, other facilities, or other
improvements thereon used or available for use for the parking of
vehicles used for the transportation by land or air of persons to or from
such land and any improvements thereon;
7. Properties for providing heat or any other utility furnished by
the University or the Board to any facilities on its campus;
8. Investments and reinvestments of unrestricted endowments;
9. Any revenue derived from or otherwise pertaining to the
imposition and collection of fees for dental services provided at a
facility of the University; and
10. Facilities of the University or the Board, including, without
limitation, money from:
(a) Grants by any person or the Federal Government;
(b) Contracts and leases with any person or governmental entity;
(c) The operation of any buildings, structures or other facilities
of the University or the Board;
(d) The investment of any money of the Desert Research Institute;
and
(e) Any other revenue received by the Desert Research Institute, or
by the Board on behalf of the Desert Research Institute pursuant to NRS
396.795 to 396.7956 , inclusive.
(Added to NRS by 1967, 5; A 1971, 2120; 1987, 1125; 1999, 2646
; 2003, 1617 )
The
term “pledged revenues” does not include any of the following:
1. The proceeds of any tuition charges and registration fees;
2. The principal of any endowments, restricted or unrestricted;
3. The proceeds of any levy of any general (ad valorem) property
taxes; and
4. The proceeds of any grants, appropriations or other donations
from the Federal Government, this state or any other donor except as
otherwise provided in NRS 396.828 and
any other statute which may authorize the pledge of particular revenues.
(Added to NRS by 1967, 6; A 1971, 2121; 1979, 359; 2003, 1618
)
“Project” means any undertaking or
undertakings which the Board is authorized by law (other than NRS 396.809
to 396.885 , inclusive) to complete in its name or in the
name of the University, the cost of which the Board is authorized by law
(other than NRS 396.809 to 396.885
, inclusive) to defray by the issuance
of bonds or other securities of the Board or the University as provided
hereunder.
(Added to NRS by 1967, 6)
“Secretary of the
Board” means the de facto or de jure Secretary of the Board of Regents of
the University of Nevada, or his successor in functions, if any.
(Added to NRS by 1967, 6)
“Securities” means notes,
warrants, bonds, temporary bonds and interim debentures authorized to be
issued hereunder in the name and on the behalf of the University or of
the Board for the benefit of the University.
(Added to NRS by 1967, 6)
“State” means the State of Nevada,
or any board, department or other agency or instrumentality thereof, in
the United States; and where the context so indicates, “State” means the
geographical area comprising the State of Nevada.
(Added to NRS by 1967, 6; A 1971, 2121)
“Treasurer of
the University” means the de facto or de jure Treasurer of the Board and
ex officio Treasurer of the System, or his successor in functions, if any.
(Added to NRS by 1967, 6; A 1969, 1440; 1993, 358)
“Trust bank” means:
1. A commercial bank that is authorized to exercise and is
exercising trust powers.
2. A branch of the Federal Reserve Bank.
3. A credit union whose deposits are insured by the National
Credit Union Share Insurance Fund or by a private insurer approved
pursuant to NRS 678.755 that is
authorized to exercise and is exercising trust powers.
(Added to NRS by 1967, 6; A 1999, 1491 )
“United States” means the
United States of America; and where the context so indicates, “United
States” means the geographical area comprising the United States of
America.
(Added to NRS by 1967, 7; A 1971, 2121)
“University” means the Nevada
System of Higher Education, the State University constituting a body
corporate and politic, a political subdivision of this State, with the
seat located in the City of Reno, in the County of Washoe and State of
Nevada.
(Added to NRS by 1967, 7; A 1969, 1440; 1993, 358; 2005, 362 )
1. Any bonds or other securities issued hereunder, together with
any interest accruing thereon and any prior redemption premiums due in
connection therewith, shall be payable and collectible solely out of net
pledged revenues; the holder or holders thereof may not look to any
general or other fund for such payment of such securities, except the net
revenues pledged therefor; the securities shall not constitute an
indebtedness or a debt within the meaning of any constitutional or
statutory provision or limitation, if any such limitation appertains
thereto; the bonds or other securities shall not be considered or held to
be general obligations of the University or the Board but shall
constitute the special obligations of either the University or the Board;
and the Board shall not pledge the full faith and credit for their
payment of either the University or the Board.
2. None of the covenants, agreements, representations and
warranties contained in any resolution authorizing the issuance of bonds
or other securities hereunder or in any other instrument appertaining
thereto, in the absence of any breach thereof, shall ever impose or shall
be construed as imposing any liability, obligation or charge against the
University or the Board (except the special funds pledged therefor) or
against the general credit of either the University or Board, payable out
of the general fund of either, or out of any funds derived from taxation.
(Added to NRS by 1967, 7)
Subject to any existing pledges or other contractual limitations and to
the provisions of NRS 396.810 :
1. The Board may include, without limitation, as pledged revenues
for the payment of bonds or other securities issued hereunder:
(a) The gross revenues derived from the fees designated as the
capital improvement fee, the student union building fee, the student
center building fee, and the student union capital improvement fee, or
words of similar import, except for the words pertaining to any such fee
designating the campus or campuses of the System to which the pledged fee
or fees pertain, or any combination thereof; and
(b) The gross revenues derived from the fee designated as the
general fund fee, except for the words pertaining thereto designating the
campus or campuses of the system to which the pledged fee pertains, but
subject to the limitation stated in subsection 5 of NRS 396.840 .
2. The Board may also include, without limitation, as pledged
revenues for the payment of bonds or other securities issued hereunder,
regardless of the location of the campus or campuses on which the project
or projects are to be done for which the securities are authorized, the
pledged revenues designated in subsection 1 pertaining to:
(a) One, all or any combination of the campuses relating to the
community colleges if the project or projects relate thereto and to one
or more campuses thereof; or
(b) Either or both the University of Nevada, Reno, and the
University of Nevada, Las Vegas, if the project or projects relate to
either of those campuses, the Desert Research Institute or any
combination thereof.
(Added to NRS by 1979, 359; A 1987, 1126; 1993, 359)
1. Before any securities are actually issued payable from any net
pledged revenues, except for any securities issued solely for the purpose
of funding or refunding or both funding and refunding outstanding
securities, any such revenues for the next preceding 12 months, for the
next preceding calendar year, or for the next preceding fiscal year, as
defined and otherwise determined by the Board, shall be sufficient to pay
an amount representing 110 percent of the combined maximum annual
principal and interest requirements to be paid during such 12 months,
calendar year, fiscal year or bond year, as defined and otherwise
determined by the Board, of any outstanding securities payable from and
constituting a lien upon such net pledged revenues and the securities
proposed to be issued (excluding any reserves therefor), except as
otherwise expressly provided in this section.
2. In any determination of whether or not any proposed securities
meet the earnings test limiting their issuance as provided in subsection
1 of this section:
(a) There shall be deducted from or added to any gross pledged
revenues any estimated decrease or increase in such revenues resulting
from any decreased or increased or additional fees, rates or charges
fixed by the Board, whether or not appertaining to any additional
facilities for which the proposed securities are authorized to be issued;
and
(b) There shall be deducted from or added to any operation and
maintenance expenses any estimated decrease or increase in such expenses,
whether or not resulting from any additional facilities for which the
proposed securities are authorized to be issued.
3. The respective annual principal and interest requirements
(including as an interest requirement the amount of any prior redemption
premiums due on any prior redemption date as of which any outstanding
securities have been called or have been ordered by the Board to be
called for prior redemption) shall be reduced to the extent such
requirements are scheduled to be paid with any moneys held in trust or
escrow for that purpose in any trust bank or trust banks within or
without or both within and without the State, including without
limitation the known minimum yield from any investment or reinvestment of
any such moneys in federal securities.
4. The estimates and adjustments provided in subsections 2 and 3
of this section and the calculations required by subsection 1 of this
section shall be made by the Treasurer of the University; and his
estimates, adjustments and determination of whether the earnings test
provided in subsection 1 of this section has been met shall be
conclusively presumed to be accurate. Nothing contained in this section
shall be construed to prohibit the issuance of securities merely because
there were no pledged revenues nor operation and maintenance expenses, in
the absence of such adjustments, in the next preceding 12 months,
calendar year, or fiscal year, as the case may be.
5. There must be excluded from the calculations required by
subsections 1 to 4, inclusive, the proceeds of any general fund fee or
fees to be pledged to the payment of the securities (other than any
securities issued solely for the purpose of funding or refunding or both
funding and refunding outstanding securities). The proceeds of a general
fund fee or fees must not be pledged to the payment of any such
securities (other than any such funding or refunding or both funding and
refunding securities) unless the remaining pledged revenues do not
contravene the limitations imposed by those subsections.
6. Nothing herein contained prevents the Board from providing an
earnings test in any resolution authorizing the issuance of securities or
in any other proceedings appertaining thereto which test limits the
issuance of any additional securities.
(Added to NRS by 1967, 7; A 1979, 360)
The payment of
securities shall not be secured by an encumbrance, mortgage or other
pledge of property of the University or the Board, except for the pledged
revenues of the University or the Board. No property of either the
University or the Board, subject to such exception, shall be liable to be
forfeited or taken in payment of securities.
(Added to NRS by 1967, 8)
No recourse shall be had for
the payment of the principal of, any interest on, and any prior
redemption premiums due in connection with any bonds or other securities
of the University or the Board or for any claim based thereon or
otherwise upon the resolution authorizing their issuance or other
instrument appertaining thereto, against any individual Regent of the
Board, past, present or future, either directly or indirectly through the
Board or the University, or otherwise, whether by virtue of any
Constitution, statute or rule of law, or by the enforcement of any
penalty or otherwise, all such liability, if any, being by the acceptance
of the securities and as a part of the consideration of their issuance
specially waived and released.
(Added to NRS by 1967, 8; A 1975, 872)
1. Any bonds or other securities issued hereunder shall not be
considered to be obligations general, special or otherwise of the State,
nor to be securities or debt of the State, and shall not be enforceable
against the State.
2. Nothing in the University Securities Law shall be construed to
authorize the University or the Board in any way to obligate the State
(except as herein otherwise expressly provided in NRS 396.844 ), or to pledge, assign or encumber in any way,
or to permit the pledging, assigning or encumbering in any way, of any
tuition charges and registration fees paid to the University or the
Board, of the proceeds of any general (ad valorem) property taxes derived
directly or indirectly by the University or the Board for the benefit of
the University, of any income or gain derived from the investment and
reinvestment of moneys accounted for in either the Irreducible University
Fund or the Contingent University Fund, of grants, appropriations or
other donations made by the Federal Government, the State Legislature or
any other donor (except for the interest or other gain derived from the
investment and reinvestment of the principal of unrestricted endowments,
as permitted by subsection 8 of NRS 396.828 ), and of any revenues derived from the
operation of or otherwise appertaining to any buildings, structures or
other facilities of the Board or University (except for those
classifications thereof designated in subsections 1 to 6, inclusive, of
NRS 396.828 ).
(Added to NRS by 1967, 8)
1. The faith of the State is hereby pledged that the University
Securities Law, any law supplemental or otherwise appertaining thereto,
and any other act concerning the bonds and other securities of the Board
or the University or the pledged revenues, or both such securities and
such revenues, shall not be repealed nor amended or otherwise directly or
indirectly modified in such a manner as to impair adversely any
outstanding securities of the University or the Board, until all such
securities payable from the pledged revenues have been discharged in full
or provision has been fully made therefor, including without limitation
the known minimum yield from the investment or reinvestment of moneys
pledged therefor in federal securities.
2. The State may at any time provide by act that no further
obligations appertaining to any pledged revenues or any part thereof
shall be incurred thereafter.
(Added to NRS by 1967, 9)
1. Where any project is otherwise authorized by law and where the
University or the Board is otherwise authorized by law to issue its
securities to defray the cost of the project, at any time or from time to
time the University or the Board may borrow money or otherwise become
obligated for the project and may evidence any such obligation by the
issuance of the University’s or the Board’s securities.
2. In connection with any project so authorized, the University or
the Board, except as herein otherwise provided, may:
(a) Have a corporate seal and alter the same at pleasure;
(b) Sue and be sued;
(c) Acquire and hold real or personal property, or rights or
interests therein, and water rights;
(d) Dispose of unnecessary or obsolete property, or rights or
interests therein;
(e) Make contracts and execute all instruments necessary or
convenient, as determined by the Board;
(f) Acquire by contract or contracts or by its own agents and
employees, or otherwise acquire any properties as any project or projects
so authorized, and operate and maintain such properties; and
(g) Accept grants of money or materials or property of any kind
from the Federal Government, the State, any agency or political
subdivision thereof, or any person, upon such terms and conditions as the
Federal Government, the State, or such agency or political subdivision,
or person may impose.
(Added to NRS by 1967, 9)
1. The Board may, before any sale of securities, whether by
competitive bid or negotiated sale, delegate to the Chancellor of the
University or the Vice Chancellor for Finance of the University the
authority to sign a contract for the purchase of the securities or to
accept a binding bid for the securities subject to the requirements
specified by the Board concerning:
(a) The rate of interest on the securities;
(b) The dates on which and the prices at which the securities may
be called for redemption before maturity;
(c) The price at which the securities will be sold; and
(d) The principal amount of the securities and the amount of
principal maturing in any particular year.
2. All terms of the securities other than:
(a) The rate of interest;
(b) The dates and prices for the redemption of the securities;
(c) The price for the sale of the securities;
(d) The principal amount of the securities; and
(e) The requirements for the principal maturing in particular years,
Ê must be approved by the Board before the securities are delivered.
3. The final rate of interest, dates and prices of redemption,
price for the sale of the securities, principal amount and the
requirements for the principal amount maturing in particular years are
not required to be approved by the Board if each of those terms complies
with the requirements specified by the Board before the contract for the
purchase of the securities is signed or the bid for the securities is
accepted.
(Added to NRS by 2001, 2647 )
The
University or the Board may issue in one series or more, without their
being authorized at any election, in anticipation of net pledged
revenues, and constituting special obligations of the University or the
Board, any one or more or all of the following types of securities:
1. Notes, evidencing any amount borrowed by the University or the
Board;
2. Warrants, evidencing the amount due to any person for any
services, or supplies, equipment or other materials furnished to the
University or the Board for the benefit of the University and
appertaining to an authorized project;
3. Bonds, evidencing any amount borrowed by the University or the
Board and constituting long-term financing;
4. Temporary bonds, pending the preparation of and exchangeable
for definitive bonds of like character and in principal amount when
prepared and issued in compliance with the conditions and limitations
herein provided; and
5. Interim debentures, evidencing any emergency loans,
construction loans, and other temporary loans of not exceeding 3 years,
in supplementation of long-term financing and the issuance of bonds, as
provided in NRS 396.868 to 396.871
, inclusive.
(Added to NRS by 1967, 10)
Notes and warrants may mature at such time or times not exceeding 1 year
from the date or the respective dates of their issuance as the Board may
determine. They shall not be extended or funded except by the issuance of
bonds or interim debentures in compliance with NRS 396.868 and other provisions herein supplemental
thereto.
(Added to NRS by 1967, 10)
Each temporary bond shall set forth
substantially the same conditions, terms and provisions as the definitive
bond for which it is exchanged. Each holder of a temporary bond shall
have all the rights and remedies which he would have as a holder of the
definitive bond for which the temporary bond is to be exchanged.
(Added to NRS by 1967, 10)
The resolution authorizing the issuance of any
securities hereunder shall describe the purpose or purposes for which
they are issued at least in general terms and may describe any purpose in
detail.
(Added to NRS by 1967, 10)
1. The resolution authorizing the issuance of any securities or
any trust indenture or other instrument appertaining thereto may fix a
rate or rates of interest or provide for the determination of the rate or
rates from time to time by a designated agent according to the procedure
specified in that resolution or other instrument. The rate so determined
must approximate the rates then being paid for other securities which
contain similar provisions and have an equivalent rating. The Board may
contract with or select any person to make that determination.
2. The Board may enter into an agreement with a third party for an
assurance of payment of the principal of, the interest on, or premiums,
if any, due in connection with any securities issued by the Board. The
obligation of the Board to reimburse that third party for any advances
made pursuant to that agreement may be provided in that agreement,
recited in those securities or evidenced by another instrument as
designated in the resolution authorizing the issuance of those securities
or any other instrument appertaining thereto. The Board may assign its
rights under that agreement.
3. In fixing the rate or rates of interest for securities pursuant
to subsection 1 or the rate or rates of interest imposed on the Board for
reimbursement of any advances made under an agreement pursuant to
subsection 2, the Board is not subject to any limitations on rates of
interest provided by statute, including, without limitation, NRS 396.852
. The resolution fixing that rate or
rates of interest must contain the findings of the Board that the
procedure specified therein for determining that rate or rates is
reasonable under existing or anticipated conditions in the market and is
necessary and advisable for marketing the securities. These findings are
conclusive. This section does not prohibit the Board from fixing a
maximum rate of interest.
(Added to NRS by 2001, 2647 )
Except
as herein otherwise provided and as otherwise provided in any other act
the provisions of which are relevant by express reference herein thereto,
any securities issued hereunder must be:
1. In such form;
2. Issued in such manner, at, above or below par at such a
discount not exceeding 9 percent of the principal amount of the
securities, at public or private sale, and at a price which will result
in an effective interest rate which does not exceed by more than 3
percent the Index of Revenue Bonds which was most recently published
before the bids are received or a negotiated offer is accepted; and
3. Issued with such recitals, terms, covenants, conditions and
other provisions,
Ê as may be provided by the Board in a resolution authorizing their
issuance and in any indenture or other proceedings appertaining thereto.
(Added to NRS by 1967, 10; A 1969, 1298; 1971, 2120; 1975, 873;
1981, 1416; 1983, 584)
A resolution providing for the issuance of
bonds or other securities hereunder or an indenture or other proceedings
appertaining thereto may provide that the securities contain a recital
that they are issued pursuant to the University Securities Law, which
recital shall be conclusive evidence of their validity and the regularity
of their issuance.
(Added to NRS by 1967, 11)
1. As the Board may determine, any bonds and other securities
issued hereunder (except as herein otherwise provided) must:
(a) Be of a convenient denomination or denominations;
(b) Be fully negotiable within the meaning of and for all the
purposes of the Uniform Commercial Code—Investment Securities;
(c) Mature at such time or serially at such times in regular
numerical order at annual or other designated intervals in amounts
designated and fixed by the Board, but not exceeding 50 years from their
date;
(d) Bear interest at a rate or rates which do not exceed by more
than 3 percent the Index of Revenue Bonds which was most recently
published before the bids are received or a negotiated offer is accepted,
the interest on each bond to be payable annually, semiannually, or at
other designated intervals, but the first interest payment date may be
for interest accruing for any other period;
(e) Be made payable in lawful money of the United States, at the
office of the Treasurer of the University or any commercial bank or
commercial banks within or without or both within and without the State
as may be provided by the Board; and
(f) Be printed at such place within or without this state, as the
Board may determine.
2. Any bonds issued hereunder must have one or two sets of
interest coupons, bearing the number of the bond to which they are
respectively attached, numbered consecutively in regular numerical order,
and attached in such a manner that they can be removed upon the payment
of the installments of interest without injury to the bonds, except as
herein otherwise provided.
(Added to NRS by 1967, 11; A 1969, 1298; 1971, 2121; 1975, 873;
1981, 1416; 1983, 584)
1. Bonds and other securities issued hereunder shall be executed
in the name of the University or the Board, shall be signed by the
Chairman of the Board, shall be attested by the Secretary of the Board,
shall be countersigned by the Chancellor of the University, and shall be
countersigned by the Treasurer of the University; and the bonds or other
securities shall be authenticated by the official seal of the University
or the Board. Any coupons shall be signed by the Treasurer of the
University. Facsimile signatures may be used on any coupons.
2. Any bonds or other securities, including without limitation any
certificates endorsed thereon, may be executed as provided in the Uniform
Facsimile Signatures of Public Officials Act, cited as chapter 351 of NRS. (A compliance therewith is not a condition
precedent to the execution of any coupon with a facsimile signature.)
3. The bonds, any coupons appertaining thereto, and other
securities, bearing the signatures of the officers in office at the time
of the signing thereof, shall be the valid and binding obligations of the
University or the Board, as the case may be, notwithstanding that before
the delivery thereof and payment therefor, any or all of the persons
whose signatures appear thereon have ceased to fill their respective
offices.
4. Any officer authorized or permitted to sign any bonds, any
coupons, or any other securities, at the time of their execution and of a
signature certificate appertaining thereto, may adopt as and for his own
facsimile signature the facsimile signature of his predecessor in office
in the event that such facsimile signature appears upon the bonds,
coupons and other securities appertaining thereto, or any combination
thereof.
(Added to NRS by 1967, 11; A 1969, 1441)
The Board may provide for
the redemption of any or all of the bonds or other securities before
maturity, in such order, by lot or otherwise, at such time or times,
without or with the payment of such premium or premiums not exceeding 9
percent of the principal amount of each bond or other security so
redeemed, and otherwise upon such terms as may be provided by the Board
in the resolution authorizing the issuance of the securities or other
instrument appertaining thereto.
(Added to NRS by 1967, 12; A 1971, 2122; 1975, 873; 1981, 1416)
Any bonds
or other securities may be repurchased by the Board out of any funds
available for such purpose at a price of not more than the principal
amount thereof and accrued interest, plus the amount of the premium, if
any, which might on the next prior redemption date of such securities be
paid to the holders thereof if such securities should be called for
redemption on such date pursuant to their terms, and all securities so
repurchased shall be cancelled; but if the securities may not be called
for prior redemption at the University’s or the Board’s option within 1
year from the date of their purchase, they may be repurchased without
limitation as to price.
(Added to NRS by 1967, 12)
All moneys received from the issuance of any securities herein authorized
shall be used solely for the purpose or purposes for which issued and to
defray the cost of the project thereby delineated. Any accrued interest
and any premium shall be applied to the cost of the project or to the
payment of the interest on or the principal of the securities, or both
interest and principal, or shall be deposited in a reserve therefor, or
any combination thereof, as the Board may determine.
(Added to NRS by 1967, 12)
Any unexpended balance of the proceeds of such securities
remaining after the completion of the acquisition or improvement of
properties pertaining to the project or otherwise the completion of the
purpose or purposes for which such securities were issued must be
credited immediately to the Special Capital Construction Fund for Higher
Education, or any other fund or account of the University or the Board
for the construction therefor of capital improvements, or the fund or
account created for the payment of the interest on or the principal of
the securities, or both principal and interest, and must be used
therefor, subject to the provisions as to the times and methods for their
payment as stated in the securities and the proceedings authorizing or
otherwise appertaining to their issuance, or so paid into a reserve
therefor, or any combination thereof, as the Board may determine.
(Added to NRS by 1967, 12; A 1979, 361; 1983, 134)
1. The validity of any securities shall not be dependent on nor
affected by the validity or regularity of any proceedings relating to a
project or the proper completion of any purpose for which the securities
are issued.
2. The purchaser or purchasers of the securities shall in no
manner be responsible for the application of the proceeds of the
securities by the University or the Board or any officers, agents and
employees of the Board or the University, or of both.
(Added to NRS by 1967, 12)
The
Board in any resolution authorizing the issuance of bonds or other
securities hereunder or in any instrument or other proceedings
appertaining thereto may create special funds and accounts for the
payment of the cost of a project, of operation and maintenance expenses,
of the securities, including the accumulation and maintenance of reserves
therefor, of improvements, including the accumulation and maintenance of
reserves therefor, and of other obligations appertaining to the
securities, any project or otherwise in connection with the University.
(Added to NRS by 1967, 12)
1. The Board on its behalf or on the University’s behalf may
employ legal, fiscal, engineering, and other expert services in
connection with any project or otherwise appertaining to the University
and the authorization, sale and issuance of bonds and other securities
hereunder.
2. The Board on its behalf or on the University’s behalf is
authorized to enter into any contracts or arrangements, not inconsistent
with the provisions hereof, with respect to the sale of bonds or other
securities hereunder, the employment of bond counsel, and other matters
as the Board may determine to be necessary or desirable in accomplishing
the purposes hereof.
(Added to NRS by 1967, 13)
1. The Board may cause to be invested and reinvested any pledged
revenues and any proceeds of bonds or other securities issued hereunder
in federal securities and may cause such revenues, proceeds of securities
and federal securities to be deposited in any trust bank or trust banks
within or without or both within and without this state and secured in
such manner and subject to such terms and conditions as the Board may
determine, with or without the payment of any interest on such deposit,
including without limitation time deposits evidenced by certificates of
deposit.
2. Any federal securities and any such certificates of deposit
thus held may, from time to time, be sold and the proceeds may be so
reinvested or redeposited as provided in this section.
3. Sales and redemptions of any federal securities and such
certificates of deposit thus held shall, from time to time, be made in
season so that the proceeds may be applied to the purposes for which the
money with which the federal securities and certificates of deposit were
originally acquired was placed in the treasury of the University or the
Board.
4. Any gain from any such investments or reinvestments may be
credited to any fund or account pledged for the payment of any securities
issued hereunder, including any reserve therefor, or any other fund or
account appertaining to a project or otherwise appertaining to the
University.
5. It is lawful for any commercial bank incorporated under the
laws of this state which may act as depository of the proceeds of any
securities issued hereunder, any federal securities owned by the
University or the Board, any pledged revenues, and any moneys otherwise
appertaining to the University to furnish such indemnifying bonds or to
pledge such federal securities or such other securities as may be
required by the Board.
(Added to NRS by 1967, 13)
In addition to the investments
permitted by NRS 396.861 , the Board,
subject to any contractual limitations from time to time imposed upon the
University by any resolution authorizing the issuance of outstanding
securities or by any trust indenture or other proceedings appertaining
thereto, may cause to be invested and reinvested, except as otherwise
provided in NRS 396.876 , any pledged
revenues and any proceeds of securities issued hereunder in an investment
contract that is collateralized with securities issued by the Federal
Government or agencies of the Federal Government if:
1. The collateral has a market value of at least 102 percent of
the amount invested and any accrued unpaid interest thereon;
2. The University receives a security interest in the collateral
that is fully perfected and the collateral is held in custody for the
University or its trustee by a third-party agent of the University which
is a commercial bank authorized to exercise trust powers;
3. The market value of the collateral is determined not less
frequently than weekly and, if the ratio required by subsection 1 is not
met, sufficient additional collateral is deposited with the agent of the
University to meet that ratio within 2 business days after the
determination; and
4. The party with whom the investment contract is executed is a
commercial bank, or that party or a guarantor of the performance of that
party is:
(a) An insurance company which has a rating on its ability to pay
claims of not less than “Aa2” by Moody’s Investors Service, Inc., or “AA”
by Standard and Poor’s Ratings Services, or their equivalent; or
(b) An entity which has a credit rating on its outstanding
long-term debt of not less than “A2” by Moody’s Investors Service, Inc.,
or “A” by Standard and Poor’s Ratings Services, or their equivalent.
(Added to NRS by 2001, 2648 )
Any resolution providing for the issuance of any bonds or
other securities hereunder payable from pledged revenues and any
indenture or other instrument or proceedings appertaining thereto may at
the discretion of the Board contain covenants or other provisions,
notwithstanding such covenants and provisions may limit the exercise of
powers conferred hereby, in order to secure the payment of such
securities, in agreement with the holders of such securities, including
without limitation covenants or other provisions as to any one or more of
the following:
1. The pledged revenues to be fixed, charged or levied and the
collection, use and disposition thereof, including but not limited to the
foreclosure of liens for delinquencies, the discontinuance of services,
facilities or use of any properties or facilities, prohibition against
free service, the collection of penalties and collection costs, and the
use and disposition of any moneys of the University or the Board, derived
or to be derived, from any source herein designated;
2. The acquisition, improvement or equipment of all or any part of
properties pertaining to any project or any facilities;
3. The creation and maintenance of reserves or sinking funds to
secure the payment of the principal of and interest on any securities or
of operation and maintenance expenses of any facilities, or part thereof,
and the source, custody, security, regulation, use and disposition of any
such reserves or funds, including but not limited to the powers and
duties of any trustee with regard thereto;
4. A fair and reasonable payment by the University or the Board
from the general fund of the University or the Board or other available
moneys to the account of any designated facilities for services rendered
thereby to the University or the Board;
5. The payment of the cost of any project by delineating the
purpose or purposes to which the proceeds of the sale of securities may
be applied, and the custody, security, use, expenditure, application and
disposition thereof;
6. The application of any accrued interest and any premium from
the sale of any bonds or other securities hereunder to the cost of a
project, to any bond fund or other fund or account for the payment of
interest on or the principal of the bonds or other securities, or both
interest and principal, or to any reserve fund or account therefor, or
any combination thereof;
7. The registration of the bonds or other securities for payment
as to principal only, or as to both principal and interest, at the option
of any holder of a bond or other security, or for registration for
payment only in either manner designated;
8. The endorsement of payments of interest on the bonds or other
securities or for reconverting the bonds or other securities into coupon
bonds or other coupon securities, or both for such endorsement and such
reconversion, where any bond or other security is registered for payment
as to interest; and where interest accruing on the securities is not
represented by interest coupons the securities may provide for the
endorsing of payments of interest thereon;
9. The endorsement of payments of principal on the bonds or other
securities, where any bond or other securities are registered for payment
as to principal;
10. The initial issuance of one or more bonds or other securities
aggregating the amount of the entire issue or any portion thereof, and
the endorsement of payments of interest or principal, or both interest
and principal, on the securities;
11. The manner and circumstances in and under which any such bond
or other securities may in the future, at the request of the holder
thereof, be converted into bonds or other securities of larger or smaller
denominations, which bonds or other securities of larger or smaller
denominations may in turn be either coupon bonds or other coupon
securities or bonds or other securities registered for payment, or coupon
bonds or other coupon securities with provisions for registration for
payment;
12. The reissuance of any outstanding bond or other securities,
and the terms and conditions thereof, whether lost, apparently destroyed,
wrongfully taken, or for any other reason, as provided in the Uniform
Commercial Code—Investment Securities, or otherwise;
13. The temporary investment and any reinvestment of proceeds of
bonds or other securities or pledged revenues, or both such proceeds and
revenues, in federal securities;
14. The deposit of moneys or federal securities, or both moneys
and such securities, with and securing their repayment by a commercial
bank or commercial banks within or without or both within and without
this state;
15. The pledge of and the creation of a lien upon pledged revenues
or the proceeds of bonds or other securities pending their application to
defray the cost of any project, or both such revenues and proceeds of
securities, to secure the payment of bonds or other securities issued
hereunder;
16. The payment of the principal of and interest on any
securities, and the sources and methods thereof, the rank or priority of
any securities as to any lien or security for payment, or the
acceleration of any maturity of any securities, or the issuance of other
or additional securities payable from or constituting a charge against or
lien upon any pledged revenues or other moneys pledged for the payment of
securities and the creation of future liens and encumbrances thereagainst;
17. The use, regulation, inspection, management, operation,
maintenance or disposition, or any limitation or regulation of the use,
of all or any part of the facilities or any property of the Board or
University; and the making and enforcement of reasonable parietal rules
that shall insure the use of the facilities by all students in attendance
at the University who reside on the campus of the University, or
otherwise, to the maximum extent to which the facilities are capable of
serving such students;
18. The determination or definition of pledged revenues from any
facilities or of operation and maintenance expenses of facilities, the
use and disposition of such revenues and the manner of and limitations
upon paying such expenses;
19. The creation of special funds and accounts appertaining to any
pledged revenues or to the bonds or other securities issued hereunder;
20. The insurance to be carried by the University or the Board or
any other person in interest and use and disposition of insurance moneys,
the acquisition of completion, performance, surety and fidelity bonds
appertaining to any project or funds, or both, and the use and
disposition of any proceeds of such bonds;
21. Books of account, the inspection and audit thereof, and other
records appertaining to any project, facilities or pledged revenues;
22. The assumption or payment or discharge of any obligation, lien
or other claim relating to any part of any project, any facilities, or
any securities having or which may have a lien on any part of any pledged
revenues or other moneys of the Board or University;
23. Limitations on the powers of the University or the Board to
acquire or operate, or permit the acquisition or operation of, any
structures, facilities or properties which may compete or tend to compete
with any facilities;
24. The vesting in a corporate or other trustee or trustees such
property, rights, powers and duties in trust as the Board may determine
which may include any or all of the rights, powers and duties of the
trustee appointed by the holders of securities, and limiting or
abrogating the right of such holders to appoint a trustee, or limiting
the rights, duties and powers of such trustee;
25. The payment of costs or expenses incident to the enforcement
of the securities or of the provisions of the resolution or of any
covenant or contract with the holders of the securities;
26. Events of default, rights and liabilities arising therefrom,
and the rights, liabilities, powers and duties arising upon the breach by
the University or the Board of any covenants, conditions or obligations;
27. The terms and conditions upon which the holders of the
securities or any portion, percentage or amount of them may enforce any
covenants or provisions made hereunder or duties imposed thereby;
28. The terms and conditions upon which the holders of the
securities or of a specified portion, percentage or amount thereof, or
any trustee therefor, shall be entitled to the appointment of a receiver,
which receiver may enter and take possession of any facilities or
service, operate and maintain the same, prescribe fees, rates and
charges, and collect, receive and apply all revenues thereafter arising
therefrom in the same manner as the Board itself might do;
29. A procedure by which the terms of any resolution authorizing
securities, or any other contract with any holders of securities,
including but not limited to an indenture of trust or similar instrument,
may be amended or abrogated, and as to the amount of securities the
holders of which must consent thereto, and the manner in which such
consent may be given;
30. The terms and conditions upon which any or all of the
securities shall become or may be declared due before maturity, and as to
the terms and conditions upon which such declaration and its consequences
may be waived; and
31. All such acts and things as may be necessary or convenient or
desirable in order to secure the securities, or in the discretion of the
Board tend to make the securities more marketable, notwithstanding that
such covenant, act or thing may not be enumerated herein, it being the
intention hereof to give the Board power to do all things in the issuance
of the University’s or the Board’s securities and for their security
except as herein expressly limited.
(Added to NRS by 1967, 13; A 1971, 2122)
1. The University, in connection with securities it has issued or
proposes to issue, may enter into an agreement for an exchange of
interest rates as provided in this section if the Board finds that such
an agreement would be in the best interests of the University.
2. The University may enter into an agreement to exchange interest
rates only if:
(a) The long-term debt obligations of the person with whom the
University enters the agreement are rated “A” or better by a nationally
recognized rating agency; or
(b) The obligations pursuant to the agreement of the person with
whom the University enters the agreement are either:
(1) Guaranteed by a person whose long-term debt obligations
are rated “A” or better by a nationally recognized rating agency; or
(2) Collateralized by obligations deposited with the
University or an agent of the University which would be legal investments
for the State pursuant to NRS 355.140
and which have a market value at the time the agreement is made of not
less than 100 percent of the principal amount upon which the exchange of
interest rates is based.
3. The University may agree, with respect to securities that the
University has issued or proposes to issue bearing interest at a variable
rate, to pay sums equal to interest at a fixed rate or rates or at a
different variable rate determined pursuant to a formula set forth in the
agreement on an amount not to exceed the principal amount of the
securities with respect to which the agreement is made, in exchange for
an agreement to pay sums equal to interest on the same principal amount
at a variable rate determined pursuant to a formula set forth in the
agreement.
4. The University may agree, with respect to securities that the
University has issued or proposes to issue bearing interest at a fixed
rate or rates, to pay sums equal to interest at a variable rate
determined pursuant to a formula set forth in the agreement on an amount
not to exceed the outstanding principal amount of the securities with
respect to which the agreement is made, in exchange for an agreement to
pay sums equal to interest on the same principal amount at a fixed rate
or rates set forth in the agreement.
5. The term of an agreement entered into pursuant to this section
must not exceed the term of the securities with respect to which the
agreement was made.
6. The University’s obligations to make payments under the
agreement may be secured by any of the pledged revenues that are pledged
to the securities in connection with the agreement as executed, so long
as the pledge does not violate the terms of any resolution or other
instrument appertaining to outstanding securities issued hereunder.
7. Limitations upon the rate of interest on securities do not
apply to interest paid pursuant to an agreement entered into pursuant to
this section.
8. If the University has entered into an agreement pursuant to
this section with respect to those securities, it may treat the amount or
rate of interest on the securities as the amount or rate of interest
payable after giving effect to the agreement for the purpose of
calculating:
(a) Rates and charges of a revenue-producing enterprise whose
revenues are pledged to or used to pay the securities;
(b) Statutory requirements concerning revenue coverage that are
applicable to the securities; and
(c) Any other amounts which are based upon the rate of interest of
the securities.
9. Subject to covenants applicable to the securities, any payments
required to be made by the University under the agreement may be made
from pledged revenues that are pledged to pay debt service on the
securities with respect to which the agreement was made or from any other
legally available source.
(Added to NRS by 2001, 2648 )
1. Revenues pledged for the payment of any securities, as received
by or otherwise credited to the University or the Board, shall
immediately be subject to the lien of each such pledge without any
physical delivery thereof, any filing, or further act.
2. The lien of each such pledge and the obligation to perform the
contractual provisions made in the authorizing resolution or other
instrument appertaining thereto shall have priority over any or all other
obligations and liabilities of the University or the Board, except as may
be otherwise provided herein or in such resolution or other instrument,
and subject to any prior pledges and liens theretofore created.
3. The lien of each such pledge shall be valid and binding as
against all persons having claims of any kind in tort, contract or
otherwise against the Board or University irrespective of whether such
persons have notice thereof.
(Added to NRS by 1967, 16)
Subject to any contractual limitations binding upon the
holders of any issue or series of securities, or trustee therefor,
including but not limited to the restriction of the exercise of any
remedy to a specified proportion, percentage or number of such holders,
and subject to any prior or superior rights of others, any holder of
securities, or trustee therefor, shall have the right and power, for the
equal benefit and protection of all holders of securities similarly
situated:
1. By mandamus or other suit, action or proceeding at law or in
equity to enforce his rights against the Board or University, or both,
the Chancellor of the University, and any other of the officers, agents
and employees of the Board or University, or both, to require and compel
the Board or University, or both, or any such officers, agents or
employees to perform and carry out their respective duties, obligations
or other commitments hereunder and their respective covenants and
agreements with the holder of any security;
2. By action or suit in equity to require the Board or University,
or both, to account as if they were the trustee of an express trust;
3. By action or suit in equity to have appointed a receiver, which
receiver may enter and take possession of any facilities and any pledged
revenues for the payment of the securities, prescribe sufficient fees
derived from the facilities, and collect, receive and apply all pledged
revenues or other moneys pledged for the payment of the securities in the
same manner as the Board itself might do in accordance with the
obligations of the University or the Board; and
4. By action or suit in equity to enjoin any acts or things which
may be unlawful or in violation of the rights of the holder of any
securities and to bring suit thereupon.
(Added to NRS by 1967, 17; A 1969, 1441)
1. If a resolution of the Board authorizing or providing for the
issuance of any securities of any series or any other proceedings
appertaining thereto contains a provision authorized by subsection 28 of
NRS 396.862 and further provides in
substance that any trustee appointed pursuant to subsection 24 of NRS
396.862 shall have the powers provided
by that subsection, then such trustee, whether or not all of the bonds or
other securities of such series have been declared due and payable, shall
be entitled as of right to the appointment of a receiver of the
facilities appertaining thereto.
2. Any receiver appointed as permitted by subsection 28 of NRS
396.862 may enter upon and take
possession of the facilities and property appertaining thereto, and,
subject to any pledge or contract with the holders of such securities,
shall take possession of all moneys and other property derived from or
applicable to the acquisition, operation, maintenance or improvement of
the facilities and proceed with such acquisition, operation, maintenance
or improvement which the Board on its behalf or on the behalf of the
University is under any obligation to do, and operate, maintain, equip
and improve the facilities, and fix, charge, collect, enforce and receive
the service charges and all revenues thereafter arising subject to any
pledge thereof or contract with the holders of such securities relating
thereto and perform the public duties and carry out the contracts and
obligations of the University or the Board in the same manner as the
Board itself might do and under the direction of the court.
(Added to NRS by 1967, 17; A 1969, 1601)
No right or remedy
conferred upon any holder of any securities or any coupon appertaining
thereto or any trustee for such holder hereby or by any proceedings
appertaining to the issuance of such securities or coupons is exclusive
of any right or remedy, but each such right or remedy is cumulative and
in addition to every other right or remedy and may be exercised without
exhausting and without regard to any other remedy conferred hereby or by
any other law.
(Added to NRS by 1967, 18)
The failure of any holder of any securities or
any coupons appertaining thereto so to proceed as herein provided or in
such proceedings shall not relieve the Board or the University, or any of
their officers, agents and employees of any liability for failure to
perform or carry out any duty, obligation or other commitment.
(Added to NRS by 1967, 18)
1. Any interim debentures may mature at such time or times not
exceeding a period of time equal to the estimated time needed to effect
the purpose or purposes for which they are issued or for which the bonds
are authorized to be issued, but not exceeding 5 years from the date of
the interim debentures, as the Board may determine.
2. The proceeds of interim debentures shall be used to defray the
cost of the project appertaining thereto.
3. Any notes or warrants or both notes and warrants may be funded
with the proceeds of interim debentures, as well as with the proceeds of
bonds.
4. Except as otherwise provided in NRS 396.868 to 396.871 ,
inclusive, interim debentures shall be issued as provided herein for
Board or University securities in NRS 396.839 to 396.867 ,
inclusive, and 396.880 to 396.885
, inclusive.
(Added to NRS by 1967, 18; A 1969, 1602; 1975, 874)
1. Pledged revenues and other money, including without limitation
proceeds of bonds to be issued or reissued after the issuance of interim
debentures, and bonds issued to secure the payment of interim debentures,
or any combination thereof, may be pledged to secure the payment of
interim debentures.
2. Any bonds pledged as collateral security for the payment of any
interim debentures mature at such time or times as the Board may
determine, but in no event exceeding 50 years from the dates of such
bonds and such interim debentures, or if the dates are not the same, from
whichever date is the earlier.
3. Any bonds pledged as collateral security must not be issued in
an aggregate principal amount exceeding the aggregate principal amount of
the interim debenture or interim debentures secured by a pledge of the
bonds, nor shall they bear interest at any time which, with any interest
accruing at the same time on the interim debenture or interim debentures
so secured, exceeds by more than 3 percent the Index of Revenue Bonds
which was most recently published before the bids are received or a
negotiated offer is accepted.
(Added to NRS by 1967, 18; A 1969, 1298; 1971, 2125; 1975, 874;
1981, 1417; 1983, 585)
No interim
debentures issued pursuant to the provisions hereof shall be extended or
funded except by the issuance or reissuance of a bond or bonds in
compliance herewith.
(Added to NRS by 1967, 18)
1. For the purpose of funding any interim debentures, any bonds
pledged as collateral security to secure the payment of such interim
debentures (upon their surrender as pledged property) may be reissued,
and any bonds not previously issued but authorized to be issued by any
law for a purpose or purposes the same as or encompassing the purpose or
purposes for which the interim debentures were issued, may be issued for
such a funding.
2. Any such bonds shall mature at such time or times as the Board
may determine, but in no event exceeding 50 years from the dates of the
interim debentures so funded and the bonds so pledged as collateral
security, or if the dates are not the same, from whichever date is the
earlier.
3. Bonds for funding (including but not necessarily limited to any
such reissued bonds) and bonds for any other purpose or purposes may be
issued separately or issued in combination in one series or more.
4. Except as herein otherwise provided in NRS 396.868 to 396.871 ,
inclusive, any such funding bonds shall be issued as is provided herein
for other bonds.
(Added to NRS by 1967, 19)
1. Any bonds of the Board or University issued hereunder or
pursuant to any other act and payable from any pledged revenues may be
refunded by the Board on its behalf or on behalf of the University by the
adoption of a resolution or resolutions by the Board and by any trust
indenture or other proceedings appertaining thereto, authorizing the
issuance of bonds to refund, pay and discharge all or any part of such
outstanding bonds of any one or more or all outstanding issues:
(a) For the acceleration, deceleration or other modification of the
payment of such obligations, including any interest thereon in arrears,
or about to become due for any period not exceeding 3 years from the date
of the refunding bonds;
(b) For the purpose of reducing interest costs or effecting other
economies;
(c) For the purpose of modifying or eliminating restrictive
contractual limitations appertaining to the issuance of additional bonds,
otherwise concerning the outstanding bonds, or otherwise relating to any
facilities appertaining thereto; or
(d) For any combination of the purposes stated in paragraphs (a),
(b) and (c).
2. Nothing contained herein nor in any other law of this state
shall be construed to permit the Board to call on its behalf or on behalf
of the Board or University bonds or other securities now or hereafter
outstanding for prior redemption in order to fund or refund such
securities or in order to pay them prior to their stated maturities,
unless the right to call such securities for prior redemption was
specifically reserved and stated in such securities at the time of their
issuance, and all conditions with respect to the manner, price and time
applicable to such prior redemption as set forth in the proceedings
authorizing the outstanding securities are strictly observed. It is the
intention of this subsection to make it certain that the holder of no
outstanding bond or other security may be compelled to surrender such
security for funding or refunding prior to its stated maturity or
optional date of prior redemption expressly reserved therein, even though
such funding or refunding might result in financial benefit to the Board
or University.
3. Notwithstanding the provisions of subsection 2 of this section
or of any other law, this state, acting by and through the State Board of
Finance, may agree with the University or its Board to exchange any
outstanding bonds or other securities of the University or the Board and
held by the State, or any agency, corporation, department or other
instrumentality of the State, for funding or refunding bonds or other
funding securities of the University or the Board, or otherwise to
surrender at such price and time and otherwise upon such conditions and
other terms and in such manner as may be mutually agreeable such
outstanding bonds or other securities to the Board for funding or
refunding at any time prior to their respective maturities or to any date
as of which the Board has the right and option to call on its behalf or
on behalf of the University such outstanding bonds or other securities
for prior redemption as expressly provided in the outstanding securities
and any resolution, trust indenture or other proceedings authorizing
their issuance.
4. Any provision herein concerning the refunding of outstanding
bonds includes any outstanding securities evidencing long-term loans to
the University or the Board regardless of whether such securities are
designated as bonds, certificates, single certificates or otherwise.
(Added to NRS by 1967, 19; A 1969, 1602)
1. Any bonds issued for refunding purposes may either be delivered
in exchange for the outstanding bonds being refunded or may be publicly
or privately sold.
2. The refunding bonds, or any part thereof, may be exchanged by
the Board for federal securities which have been made available for
escrow investment by any purchaser of refunding bonds, upon terms of
exchange mutually agreed upon, and any federal securities so received by
the Board shall be placed in escrow as provided in NRS 396.875 and 396.876 .
(Added to NRS by 1967, 20)
1. No bonds may be refunded hereunder unless the holders thereof
voluntarily surrender them for exchange or payment, or unless they either
mature or are callable for prior redemption under their terms within 25
years after the date of issuance of the refunding bonds. Provision must
be made for paying the securities within that period.
2. The maturity of any bond refunded may not be extended beyond 25
years, or beyond 1 year next following the date of the last outstanding
maturity, whichever limitation is later, nor may any interest thereon be
increased to any rate which exceeds by more than 3 percent the Index of
Revenue Bonds which was most recently published before the bids are
received or a negotiated offer is accepted.
3. The principal amount of the refunding bonds may exceed, be less
than or be the same as the principal amount of the bonds being refunded
so long as provision is duly and sufficiently made for their payment.
(Added to NRS by 1967, 20; A 1969, 1299; 1971, 2125; 1975, 874;
1981, 1417; 1983, 585, 1034, 1596)
1. Except as herein otherwise provided, the proceeds of refunding
bonds shall either be immediately applied to the retirement of the bonds
to be refunded or be placed in escrow or trust in any trust bank or trust
banks within or without or both within and without this state to be
applied to the payment of the refunded bonds or the refunding bonds, or
both the refunded bonds and the refunding bonds, upon their presentation
therefor to the extent, in such priority and otherwise in the manner
which the Board may determine.
2. The incidental costs of the refunding of bonds may be paid by
the purchaser of the refunding bonds or be defrayed from any general fund
or other available revenues of the University or the Board or from the
proceeds of the refunding bonds, or from the interest or other yield
derived from the investment of any refunding bond proceeds or other
moneys in escrow or trust, or from any other sources legally available
therefor, or any combination thereof, as the Board may determine.
3. Any accrued interest and any premium appertaining to a sale of
refunding bonds may be applied to the payment of the interest thereon or
the principal thereof, or to both interest and principal, or may be
deposited in a reserve therefor, or may be used to refund bonds by
deposit in escrow, trust or otherwise, or may be used to defray any
incidental costs appertaining to the refunding, or any combination
thereof, as the Board may determine.
(Added to NRS by 1967, 20)
1. Any such escrow or trust shall not necessarily be limited to
proceeds of refunding bonds but may include other moneys available for
its purpose.
2. Any proceeds in escrow or trust, pending such use, may be
invested or reinvested in federal securities.
3. Any trust bank accounting for federal securities in such escrow
or trust may place them for safekeeping wholly or in part in any trust
bank or trust banks within or without or both within and without this
state.
4. Any trust bank shall continuously secure any moneys placed in
escrow or trust and not so invested or reinvested in federal securities
by a pledge in any trust bank or trust banks within or without or both
within and without the State of federal securities in an amount at all
times at least equal to the total uninvested amount of such moneys
accounted for in such escrow or trust.
5. Such proceeds and investments in escrow or trust, together with
any interest or other gain to be derived from any such investment, shall
be in an amount at all times at least sufficient to pay principal,
interest, any prior redemption premiums due, and any charges of the
escrow agent or trustee and any other incidental expenses payable
therefrom, except to the extent provision may have been previously
otherwise made therefor, as such obligations become due at their
respective maturities or due at designated prior redemption date or dates
in connection with which the Board shall have exercised or shall be
obligated to exercise a prior redemption option on its behalf or on
behalf of the University.
6. The computations made in determining such sufficiency shall be
verified by a certified public accountant licensed to practice in this
state or in any other state.
7. Any purchaser of any refunding bond issued hereunder shall in
no manner be responsible for the application of the proceeds thereof by
the Board or the University or any of their respective officers, agents
or employees.
(Added to NRS by 1967, 21)
Refunding bonds may be made payable from any pledged revenues which might
be legally pledged for the payment of the bonds being refunded at the
time of the refunding or at the time of the issuance of the bonds being
refunded, as the Board may determine, notwithstanding the revenue sources
or the pledge of such revenues for the payment of the outstanding bonds
being refunded is hereby modified.
(Added to NRS by 1967, 21)
Bonds
for refunding and bonds for any other purpose or purposes authorized by
any other law may be issued separately or issued in combination in one
series or more by the University or the Board.
(Added to NRS by 1967, 22)
Except as in NRS 396.872 to
396.878 , inclusive, expressly provided
or necessarily implied, the relevant provisions elsewhere herein
appertaining generally to the issuance of bonds to defray the cost of any
project shall be equally applicable in the authorization and issuance of
refunding bonds, including their terms and security, the covenants and
other provisions of the resolution authorizing the issuance of the bonds,
or other instruments or proceedings appertaining thereto, and other
aspects of the bonds.
(Added to NRS by 1967, 22)
The determination of the Board that
the limitations hereunder imposed upon the issuance of bonds or upon the
issuance of other securities hereunder, including without limitation any
securities for funding or refunding securities, have been met shall be
conclusive in the absence of fraud or arbitrary and gross abuse of
discretion regardless of whether the authorizing resolution or the
securities thereby authorized contain a recital as authorized by NRS
396.851 .
(Added to NRS by 1967, 22; A 1969, 1603)
1. Except as otherwise provided in subsection 2, bonds and other
securities issued pursuant to the provisions of the University Securities
Law, their transfer and the income therefrom must forever be and remain
free and exempt from taxation by this state or any subdivision thereof.
2. The provisions of subsection 1 do not apply to the tax on
estates imposed pursuant to the provisions of chapter 375A of NRS or the tax on generation-skipping transfers
imposed pursuant to the provisions of chapter 375B of NRS.
(Added to NRS by 1967, 22; A 1989, 2108; 1991, 1712)
It is legal for the State Board of Finance to invest any
permanent state funds or other state funds available for investment in
any of the bonds or other securities authorized to be issued pursuant to
the provisions hereof.
(Added to NRS by 1967, 22)
1. It is legal for any bank, trust company, banker, savings bank
or institution, savings and loan association, investment company and any
other person carrying on a banking or investment business, any insurance
company, insurance association, or any other person carrying on an
insurance business, and any executor, administrator, curator, trustee or
any other fiduciary, to invest funds or money in his custody in any of
the bonds or other securities issued hereunder.
2. Nothing contained in this section with regard to legal
investments relieves any representative of any corporation or other
person of any duty of exercising reasonable care in selecting securities.
(Added to NRS by 1967, 22; A 1983, 134)
809 to 396.885 ,
inclusive.
1. NRS 396.809 to 396.885 , inclusive, without reference to other
statutes of this state, except as herein otherwise expressly provided,
shall constitute full authority for the exercise of the incidental powers
herein granted concerning the borrowing of money to defray wholly or in
part the cost of any project appertaining to the University or the Board,
or to refinance outstanding loans, or both, and the issuance of bonds or
other securities to evidence such loans or other obligations or to fund
or refund outstanding securities, or any combination thereof, as the
Board may determine.
2. No other act or law with regard to the authorization or
issuance of securities or the exercise of any other power herein granted
that requires an approval, or in any way impedes or restricts the
carrying out of the acts herein authorized to be done shall be construed
as applying to any proceedings taken hereunder or acts done pursuant
hereto, except as herein otherwise provided.
3. The powers conferred by NRS 396.809 to 396.885 ,
inclusive, shall be in addition and supplemental to, and not in
substitution for, and the limitations imposed by NRS 396.809 to 396.885 ,
inclusive, shall not affect the powers conferred by, any other law.
4. Nothing contained in NRS 396.809 to 396.885 ,
inclusive, shall be construed as preventing the exercise of any power
granted to the Board or to the University acting by and through the
Board, or any officer, agent or employee thereof, by any other law.
5. No part of NRS 396.809 to
396.885 , inclusive, shall repeal or
affect any other law or part thereof, it being intended that NRS 396.809
to 396.885 , inclusive, shall provide a separate method of
accomplishing their objectives and not an exclusive one; and NRS 396.809
to 396.885 , inclusive, shall not be construed as
repealing, amending or changing any such other law.
(Added to NRS by 1967, 22)
NRS 396.809 to 396.885 ,
inclusive, being necessary to secure the public health, safety,
convenience and welfare shall be liberally construed to effect their
purposes.
(Added to NRS by 1967, 23)
PROGRAM TO PROVIDE LOANS TO NURSING STUDENTS
1. The Board of Regents may administer, directly or through a
designated officer or employee of the System, a program to provide loans
for fees, books and living expenses to students in the nursing programs
of the System.
2. Each student to whom a loan is made must:
(a) Have been a “bona fide resident” of Nevada, as that term is
defined in NRS 396.540 , for at least 6
months prior to the “matriculation” of the student in the System, as that
term is defined pursuant to NRS 396.540 ;
(b) Be enrolled at the time the loan is made in a nursing program
of the System for the purpose of becoming a licensed practical nurse or
registered nurse;
(c) Fulfill all requirements for classification as a full-time
student showing progression towards completion of the program; and
(d) Maintain at least a 2.00 grade-point average in each class and
at least a 2.75 overall grade-point average, on a 4.0 grading scale.
3. Each loan must be made upon the following terms:
(a) All loans must bear interest at 8 percent per annum from the
date when the student receives the loan.
(b) Each student receiving a loan must repay the loan with interest
following the termination of his education for which the loan is made.
The loan must be repaid in monthly installments over the period allowed
with the first installment due 1 year after the date of the termination
of his education for which the loan is made. The amounts of the
installments must not be less than $50 and may be calculated to allow a
smaller payment at the beginning of the period of repayment, with each
succeeding payment gradually increasing so that the total amount due will
have been paid within the period for repayment. The period for repayment
of the loans must be:
(1) Five years for loans which total less than $10,000.
(2) Eight years for loans which total $10,000 or more, but
less than $20,000.
(3) Ten years for loans which total $20,000 or more.
4. A delinquency charge may be assessed on any installment
delinquent 10 days or more in the amount of 8 percent of the installment
or $4, whichever is greater, but not more than $15.
5. The reasonable costs of collection and an attorney’s fee may be
recovered in the event of delinquency.
(Added to NRS by 1989, 2134; A 1993, 359; 2005, 1421 )
1. The loans made pursuant to NRS 396.890 to 396.898 ,
inclusive, must not exceed the following amounts per student per
semester. If the student is enrolled in a program of:
(a) A community college, $1,700.
(b) A university, $2,005.
2. Any money distributed pursuant to NRS 396.890 to 396.898 ,
inclusive, must be distributed among the campuses of the System in
amounts that will allow the same percentage of eligible students enrolled
in the licensed practical nurse and registered practical nurse programs
of each campus to receive loans.
(Added to NRS by 1989, 2135; A 1993, 360)
1. Each student who receives a loan made pursuant to NRS 396.890
to 396.898 , inclusive, shall repay the loan and accrued
interest pursuant to the terms of the loan unless:
(a) He practices nursing in a rural area of Nevada or as an
employee of the State for 6 months for each academic year for which he
received a loan; or
(b) He practices nursing in any other area of Nevada for 1 year for
each academic year for which he received a loan.
2. The Board of Regents may adopt regulations:
(a) Extending the time for completing the required practice beyond
5 years for persons who are granted extensions because of hardship; and
(b) Granting prorated credit towards repayment of a loan for time a
person practices nursing as required, for cases in which the period for
required practice is only partially completed,
Ê and such other regulations as are necessary to carry out the provisions
of NRS 396.890 to 396.898 , inclusive.
3. As used in this section, “practices nursing in a rural area”
means that the person practices nursing in an area located in a county
whose population is less than 45,000 at least half of the total time the
person spends in the practice of nursing, and not less than 20 hours per
week.
(Added to NRS by 1989, 2135; A 2001, 1988 )
The Board of Regents or its designee may require:
1. A student to acquire, as security for a student loan, insurance
on his life and on his health or against his disability, or both.
2. That a financially responsible person agree to be jointly
liable with the recipient for the repayment of the loan.
(Added to NRS by 1989, 2136)
The Board of Regents or its designee
may require, upon notice to a recipient of a loan, that he repay the
balance and any unpaid interest on the loan at once if:
1. An installment is not paid within 30 days after it is due;
2. The recipient fails to notify the Board of Regents or its
designee, within 30 days, of:
(a) A change of name or of the address of his home or place of
practice; or
(b) The termination of the education for which he received the
loan; or
3. The recipient fails to comply with any other requirement or
perform any other obligation he is required to perform pursuant to any
agreement with the Board of Regents or its designee.
(Added to NRS by 1989, 2136)
A recipient of a loan made
pursuant to NRS 396.890 to 396.898
, inclusive, shall comply with the
regulations adopted by the Board of Regents. If he fails so to comply,
the Board of Regents or its designee may:
1. For each infraction, impose a fine of not more than $200
against any recipient in any academic year, and may deny additional money
to any student who fails to pay the fine when due;
2. Increase the portion of any future loan to be repaid by the
recipient; and
3. Extend the time a recipient is required to practice nursing to
repay his loan.
(Added to NRS by 1989, 2136)
1. The Board of Regents or its designee may, after receiving an
application stating the reasons therefor, grant an extension of the
period for the repayment of a loan in case of hardship arising out of the
individual circumstances of a recipient. The extension must be for a
period that will reasonably alleviate that hardship.
2. Applications for extensions must be filed within the time
prescribed by regulation of the Board of Regents.
(Added to NRS by 1989, 2136)
A person obligated
to repay a student loan may, as determined by the Board of Regents or its
designee, receive credit towards payment of the loan for professional
services provided without compensation to the State or any of its
political subdivisions.
(Added to NRS by 1989, 2136)
The Board of Regents may:
1. Receive, invest, disburse and account for all money received
for the program.
2. Report to the Governor and the Legislature before September 1
of any year preceding a regular session of the Legislature, setting forth
in detail the transactions conducted by it during the biennium ending
June 30 of such year.
3. Make recommendations for any legislative action deemed by it
advisable.
(Added to NRS by 1989, 2136)
HEALTH SERVICES IN UNDERSERVED AREAS
As used in NRS 396.899 to 396.903
, inclusive, unless the context
otherwise requires, “practitioner” has the meaning ascribed to it in NRS
439A.0195 .
(Added to NRS by 2003, 20th Special Session, 276 )
The University of Nevada School of Medicine may
establish a Nevada Health Service Corps to encourage practitioners to
practice in areas of Nevada in which a shortage of that type of
practitioner exists.
(Added to NRS by 1989, 2155; A 1993, 360; 2003, 20th Special
Session, 279 )
The
primary purposes of the Nevada Health Service Corps must be to:
1. Recruit practitioners for participation in the program;
2. Designate areas of Nevada in which a shortage of each type of
practitioner exists;
3. Match practitioners with the designated areas; and
4. Help practitioners to negotiate contracts to serve in the
designated areas.
(Added to NRS by 1989, 2156; A 2003, 20th Special Session, 279
)
The University of Nevada School of Medicine
may:
1. Apply for any matching money available for the program from the
Federal Government.
2. Adopt regulations necessary to carry out the provisions of NRS
396.899 to 396.903 , inclusive.
3. Receive, invest, disburse and account for all money received
from the Federal Government or any other source for this program.
(Added to NRS by 1989, 2156; A 2003, 20th Special Session, 279
)
1. The University of Nevada School of Medicine may authorize the
Nevada Health Service Corps to administer a program under which money for
loans is repaid on behalf of a practitioner for each year he practices in
an area of Nevada in which a shortage of that type of practitioner
exists, as determined by the Nevada Office of Rural Health within the
University of Nevada School of Medicine and the Nevada Health Service
Corps.
2. To qualify for the program, a practitioner required to be
licensed pursuant to the provisions of chapter 630 , 630A , 633 or 634 of NRS must have
completed his primary care residency and hold an active license issued
pursuant to chapter 630 , 630A , 633 or 634 of NRS. All other practitioners must have completed
training in a certified program and have an active license, certification
or registration from the State of Nevada.
(Added to NRS by 1989, 2155; A 2003, 20th Special Session, 279
)
Any gift,
donation, bequest, grant or other source of money received by the
University of Nevada School of Medicine for the development of an
obstetrical access program may be used to:
1. Provide financial support and education to faculty and
residents in the Departments of Family and Community Medicine and
Obstetrics and Gynecology within the University of Nevada School of
Medicine and to expand the clinical services provided by such faculty and
residents in areas and to populations that need obstetrical services.
2. Provide money to Nevada Health Centers, Inc., or its successor,
to expand the clinical prenatal and obstetrical practice base of
community health center clinics and to provide uninsured, underinsured
and Medicaid patients with increased access to clinical prenatal and
obstetrical care.
3. Establish a fund that allows practicing community providers of
prenatal care that are participating in the obstetrical access program to
draw upon money to partially compensate them for providing care to
patients who have no access to clinical care because of their financial
status.
4. Develop a database of clinical practitioners providing prenatal
or obstetrical services throughout the State to monitor and analyze:
(a) The relationship between declining services and the supply and
distribution of appropriate providers of health care;
(b) The impact of access to care issues on pregnant women,
including, without limitation, poor birth outcomes which result from lack
of access to care, the financial impact of such poor birth outcomes and
the effects of receiving inadequate prenatal care; and
(c) The impact of adverse judicial decisions on the delivery of
obstetrical services.
5. Subsidize malpractice costs for clinical providers of prenatal
care who maintain at least 30 percent or more of prenatal or obstetrical
patients in their practice who are uninsured, underinsured or insured by
Medicaid, or who use a sliding fee scale based on a patient’s financial
resources when charging for such services. The subsidy must be calculated
based on the number of qualified clinical providers of prenatal care, the
proportion of financially compromised patients served by such providers
and the total amount of money available for subsidies.
(Added to NRS by 2003, 20th Special Session, 276 )
1. The Nevada Office of Rural Health is hereby established within
the University of Nevada School of Medicine to administer matters
relating to the delivery of health care services to rural and frontier
areas in this state. The Nevada Office of Rural Health shall:
(a) Evaluate the need for programs concerning the delivery of
health care services to rural and frontier areas in this state and make
recommendations to the University of Nevada School of Medicine and the
Legislature to carry out such programs; and
(b) Establish, administer and coordinate programs which affect the
delivery of health care services to rural and frontier areas in this
state, including, without limitation, programs relating to:
(1) The education and training of providers of health care
who provide services in rural and frontier areas;
(2) The needs of rural and frontier areas for health care
services and the manner in which such health care services may be
effectively delivered;
(3) The delivery of health care services to rural and
frontier areas;
(4) The financing of the delivery of health care services to
rural and frontier areas; or
(5) The collection of data necessary for the Nevada Office
of Rural Health to carry out its duties concerning the delivery of health
care services to rural and frontier areas.
2. Any gift, donation, bequest, grant or other source of money
received by the Nevada Office of Rural Health may be used to carry out
the provisions of this section.
(Added to NRS by 2003, 20th Special Session, 277 )
1. The Area Health Education Center Program is hereby established
within the University of Nevada School of Medicine to support education
and training programs for students studying to become practitioners, or
residents or practitioners who will provide or are providing health care
services in medically underserved areas in this state, including urban
and rural areas. The Area Health Education Center Program shall:
(a) Assist the area health education centers within Nevada in
providing:
(1) Career opportunities in health care;
(2) Information to practitioners and other providers of
health care;
(3) Continuing education for practitioners and other
providers of health care; and
(4) Stipends for the education and training of students
studying to become practitioners and residents who will provide or who
are providing health care services in medically underserved areas in this
state;
(b) Assess and develop training programs concerning the appropriate
curriculum for primary care and other priority health care services;
(c) Enhance the training programs in primary care by providing
additional entry-level positions and faculty to increase the availability
of practitioners and other providers of health care;
(d) Increase the percentage of medical students committing to
residencies and careers in primary care;
(e) Provide a greater percentage of primary care residents to
medically underserved areas in this state;
(f) Develop and enhance training programs necessary to address the
primary health care needs of persons in this state; and
(g) Establish interdisciplinary opportunities for education and
training for practitioners and other providers of health care.
2. Any gift, donation, bequest, grant or other source of money
received by the Area Health Education Center Program may be used to carry
out the provisions of this section.
3. As used in this section, “practitioner” has the meaning
ascribed to it in NRS 439A.0195 .
(Added to NRS by 2003, 20th Special Session, 277 )
1. The Medical Education Council of Nevada is hereby established
within the University of Nevada School of Medicine to ensure that Nevada
has an adequate, well-trained health care workforce to meet the needs of
the residents of this State. The Medical Education Council of Nevada
shall:
(a) Determine the workforce needs for the provision of health care
services in this State;
(b) Determine the number and types of positions of employment for
which money appropriated to the Medical Education Council of Nevada may
be used, including, without limitation, positions for practitioners,
other providers of health care and other personnel to staff health care
facilities and programs;
(c) Investigate and make recommendations to the University of
Nevada School of Medicine and the Legislature on the status and needs of
practitioners, other providers of health care and other personnel of
health care facilities or programs;
(d) Determine a method for reimbursing institutions that sponsor
practitioners, other providers of health care or other personnel of
health care facilities or programs;
(e) To the extent authorized by federal law, prepare and submit a
formal application to the Centers for Medicare and Medicaid Services of
the United States Department of Health and Human Services for the purpose
of receiving and dispersing federal money for graduate medical education
expenses;
(f) Distribute a portion of any money it receives for graduate
medical education expenses in a manner that:
(1) Prepares postgraduate medical and dental residents, as
defined by the Accreditation Council for Graduate Medical Education, to
provide inpatient, outpatient and hospital services in various
communities and in geographically diverse settings;
(2) Encourages the coordination of interdisciplinary
clinical training by practitioners and other providers of health care to
such postgraduate medical and dental residents; and
(3) Promotes funding for accredited clinical training
programs provided by practitioners or other providers of health care to
such postgraduate medical and dental residents;
(g) Apply for grants, gifts and donations from public and private
sources, including the Federal Government, to carry out the objectives of
the Medical Education Council of Nevada;
(h) Initiate a cooperative agreement with the Department of Health
and Human Services to promote the intergovernmental transfer of money for
the purposes of receiving and dispersing money to carry out the
objectives of the Medical Education Council of Nevada; and
(i) Distribute additional financial resources to training programs
for practitioners, other providers of health care or other personnel of
health care facilities or programs in the State.
2. Any gift, donation, bequest, grant or other source of money
received by the Medical Education Council of Nevada may be used to carry
out the provisions of this section.
3. As used in this section, “practitioner” has the meaning
ascribed to it in NRS 439A.0195 .
(Added to NRS by 2003, 20th Special Session, 278 )
THE GOVERNOR GUINN MILLENNIUM SCHOLARSHIP PROGRAM
1. The Legislature hereby declares that its priorities in
expending the proceeds to the State of Nevada from settlement agreements
with and civil actions against manufacturers of tobacco products are:
(a) To increase the number of Nevada students who attend and
graduate from Nevada institutions of higher education; and
(b) To assist Nevada residents in obtaining and maintaining good
health.
2. To further these priorities, the Legislature hereby declares
that it is in the best interest of the residents of the State of Nevada
that all money received by the State of Nevada pursuant to any settlement
entered into by the State of Nevada and a manufacturer of tobacco
products and all money recovered by the State of Nevada from a judgment
in a civil action against a manufacturer of tobacco products be dedicated
solely toward the achievement of the following goals:
(a) Increasing the number of residents of the State of Nevada who
enroll in and attend a university, college or community college in the
State of Nevada;
(b) Reducing and preventing the use of tobacco products, alcohol
and illegal drugs, especially by children;
(c) Expanding the availability of health insurance and health care
for children and adults in this State, especially for children and for
adults with disabilities;
(d) Assisting senior citizens who have modest incomes in purchasing
prescription drugs and assisting those senior citizens in meeting their
needs related to health care, home care, respite care and their ability
to live independent of institutional care; and
(e) Promoting the general health of all residents of the State of
Nevada.
(Added to NRS by 1999, 2750 ; A 2001, 1416 )
As used in NRS 396.911 to 396.938 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 396.916 , 396.918 and 396.922
have the meanings ascribed to them in those sections.
(Added to NRS by 1999, 2751 ; A 2001, 1416 )
“Eligible
institution” means:
1. A university, state college or community college within the
System; or
2. Any other nonsectarian college or university that:
(a) Was originally established in, and is organized under the laws
of, this state;
(b) Is exempt from taxation pursuant to 26 U.S.C. § 501(c)(3); and
(c) Is accredited by a regional accrediting agency recognized by
the United States Department of Education.
(Added to NRS by 2001, 1415 )
“Millennium
scholarship” means a Governor Guinn Millennium Scholarship that is
awarded from the Trust Fund to a student.
(Added to NRS by 1999, 2751 ; A 2005, 22nd Special Session, 147 )
“Trust Fund” means the
Millennium Scholarship Trust Fund created pursuant to NRS 396.926 .
(Added to NRS by 1999, 2751 )
1. The Governor Guinn Millennium Scholarship Program is hereby
created for the distribution of the Governor Guinn Millennium
Scholarships in accordance with NRS 396.911 to 396.938 ,
inclusive. The Millennium Scholarship Trust Fund is hereby created in the
State Treasury. The State Treasurer may accept gifts, grants, bequests
and donations for deposit in the Trust Fund.
2. The State Treasurer shall deposit in the Trust Fund:
(a) Forty percent of all money received by the State of Nevada
pursuant to any settlement entered into by the State of Nevada and a
manufacturer of tobacco products;
(b) Forty percent of all money recovered by the State of Nevada
from a judgment in a civil action against a manufacturer of tobacco
products; and
(c) Any gifts, grants, bequests or donations specifically
designated for the Trust Fund by the donor.
3. The State Treasurer shall administer the Trust Fund. As
administrator of the Trust Fund, the State Treasurer, except as otherwise
provided in this section:
(a) Shall maintain the financial records of the Trust Fund;
(b) Shall invest the money in the Trust Fund as the money in other
state funds is invested;
(c) Shall manage any account associated with the Trust Fund;
(d) Shall maintain any instruments that evidence investments made
with the money in the Trust Fund;
(e) May contract with vendors for any good or service that is
necessary to carry out the provisions of this section; and
(f) May perform any other duties necessary to administer the Trust
Fund.
4. In addition to the investments authorized pursuant to paragraph
(b) of subsection 3, the State Treasurer may, except as otherwise
provided in subsection 5, invest the money in the Trust Fund in:
(a) Common or preferred stock of a corporation created by or
existing under the laws of the United States or of a state, district or
territory of the United States, if:
(1) The stock of the corporation is:
(I) Listed on a national stock exchange; or
(II) Traded in the over-the-counter market, if the
price quotations for the over-the-counter stock are quoted by the
National Association of Securities Dealers Automated Quotations System
(NASDAQ);
(2) The outstanding shares of the corporation have a total
market value of not less than $50,000,000;
(3) The maximum investment in stock is not greater than 25
percent of the book value of the total investments of the Trust Fund;
(4) Except for investments made pursuant to paragraph (c),
the amount of an investment in a single corporation is not greater than 3
percent of the book value of the assets of the Trust Fund; and
(5) Except for investments made pursuant to paragraph (c),
the total amount of shares owned by the Trust Fund is not greater than 5
percent of the outstanding stock of a single corporation.
(b) A pooled or commingled real estate fund or a real estate
security that is managed by a corporate trustee or by an investment
advisory firm that is registered with the Securities and Exchange
Commission, either of which may be retained by the State Treasurer as an
investment manager. The shares and the pooled or commingled fund must be
held in trust. The total book value of an investment made under this
paragraph must not at any time be greater than 5 percent of the total
book value of all investments of the Trust Fund.
(c) Mutual funds or common trust funds that consist of any
combination of the investments authorized pursuant to paragraph (b) of
subsection 3 and paragraphs (a) and (b) of this subsection.
5. The State Treasurer shall not invest any money in the Trust
Fund pursuant to subsection 4 unless the State Treasurer obtains a
judicial determination that the proposed investment or category of
investments will not violate the provisions of Section 9 of Article 8 of
the Constitution of the State of Nevada. The State Treasurer shall
contract for the services of independent contractors to manage any
investments of the State Treasurer made pursuant to subsection 4. The
State Treasurer shall establish such criteria for the qualifications of
such an independent contractor as are appropriate to ensure that each
independent contractor has expertise in the management of such
investments.
6. All interest and income earned on the money in the Trust Fund
must, after deducting any applicable charges, be credited to the Trust
Fund. All claims against the Trust Fund must be paid as other claims
against the State are paid.
7. Not more than 3 percent of the anticipated annual revenue to
the State of Nevada from the settlement agreements with and civil actions
against manufacturers of tobacco products anticipated for deposit in the
Trust Fund may be used to pay the costs of administering the Trust Fund.
8. The money in the Trust Fund remains in the Fund and does not
revert to the State General Fund at the end of any fiscal year.
9. Money in the Trust Fund may be used only for the purposes set
forth in NRS 396.914 to 396.934 , inclusive.
(Added to NRS by 1999, 2751 ; A 2001, 2299 ; 2005, 22nd Special Session, 147 )
1. Except as otherwise provided in subsections 2 and 3, a student
may apply to the Board of Regents for a millennium scholarship if he:
(a) Has been a resident of this State for at least 2 years before
he applies for the scholarship;
(b) Except as otherwise provided in paragraph (c), graduated from a
public or private high school in this State:
(1) After May 1, 2000, but not later than May 1, 2003; or
(2) After May 1, 2003, and, except as otherwise provided in
paragraph (c) of subsection 2, not more than 6 years before he applies
for the scholarship;
(c) Does not satisfy the requirements of paragraph (b) and:
(1) Was enrolled as a pupil in a public or private high
school in this State with a class of pupils who were regularly scheduled
to graduate after May 1, 2000;
(2) Received his high school diploma within 4 years after he
was regularly scheduled to graduate; and
(3) Applies for the scholarship not more than 6 years after
he was regularly scheduled to graduate from high school;
(d) Maintained in high school in the courses designated by the
Board of Regents pursuant to paragraph (b) of subsection 2, at least:
(1) A 3.00 grade point average on a 4.0 grading scale, if he
was a member of the graduating class of 2003 or 2004;
(2) A 3.10 grade point average on a 4.0 grading scale, if he
was a member of the graduating class of 2005 or 2006; or
(3) A 3.25 grade point average on a 4.0 grading scale, if he
was a member of the graduating class of 2007 or a later graduating class;
and
(e) Is enrolled in at least:
(1) Six semester credit hours in a community college within
the System; or
(2) Twelve semester credit hours in another eligible
institution.
2. The Board of Regents:
(a) Shall define the core curriculum that a student must complete
in high school to be eligible for a millennium scholarship.
(b) Shall designate the courses in which a student must earn the
minimum grade point averages set forth in paragraph (d) of subsection 1.
(c) May establish criteria with respect to students who have been
on active duty serving in the Armed Forces of the United States to exempt
such students from the 6-year limitation on applications that is set
forth in subparagraph (2) of paragraph (b) of subsection 1.
(d) Shall establish criteria with respect to students who have a
documented physical or mental disability or who were previously subject
to an individualized education program under the Individuals with
Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., or a plan under
Title V of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 et seq. The
criteria must provide an exemption for those students from:
(1) The 6-year limitation on applications that is set forth
in subparagraph (2) of paragraph (b) of subsection 1 and subparagraph (3)
of paragraph (c) of subsection 1 and any limitation applicable to
students who are eligible pursuant to subparagraph (1) of paragraph (b)
of subsection 1.
(2) The minimum number of credits prescribed in paragraph
(e) of subsection 1.
3. Except as otherwise provided in paragraph (c) of subsection 1,
for students who did not graduate from a public or private high school in
this State and who have been residents of this State for at least 2
years, the Board of Regents shall establish:
(a) The minimum score on a standardized test that such students
must receive; or
(b) Other criteria that students must meet,
Ê to be eligible for millennium scholarships.
4. In awarding scholarships, the Board of Regents shall enhance
its outreach to students who:
(a) Are pursuing a career in education or health care;
(b) Come from families who lack sufficient financial resources to
pay for the costs of sending their children to an eligible institution; or
(c) Substantially participated in an antismoking, antidrug or
antialcohol program during high school.
(Added to NRS by 1999, 2751 ; A 2001, 1416 ; 2003, 2962 ; 2005, 22nd Special Session, 149 )
1. Except as otherwise provided in this section, within the limits
of money available in the Trust Fund, a student who is eligible for a
millennium scholarship is entitled to receive:
(a) If he is enrolled in a community college within the System,
including, without limitation, a summer academic term, $40 per credit for
each lower division course and $60 per credit for each upper division
course in which the student is enrolled, or the amount of money that is
necessary for the student to pay the costs of attending the community
college that are not otherwise satisfied by other grants or scholarships,
whichever is less. The Board of Regents shall provide for the designation
of upper and lower division courses for the purposes of this paragraph.
In no event may a student who is eligible for a millennium scholarship
receive more than the cost of 12 semester credits per semester pursuant
to this paragraph.
(b) If he is enrolled in a state college within the System,
including, without limitation, a summer academic term, $60 per credit for
which the student is enrolled, or the amount of money that is necessary
for the student to pay the costs of attending the state college that are
not otherwise satisfied by other grants or scholarships, whichever is
less. In no event may a student who is eligible for a millennium
scholarship receive more than the cost of 12 semester credits per
semester pursuant to this paragraph.
(c) If he is enrolled in another eligible institution, including,
without limitation, a summer academic term, $80 per credit for which the
student is enrolled, or the amount of money that is necessary for the
student to pay the costs of attending the university that are not
otherwise satisfied by other grants or scholarships, whichever is less.
In no event may a student who is eligible for a millennium scholarship
receive more than the cost of 12 semester credits per semester pursuant
to this paragraph.
2. No student may be awarded a millennium scholarship:
(a) To pay for remedial courses.
(b) For a total amount in excess of $10,000.
3. A student who receives a millennium scholarship shall:
(a) Make satisfactory academic progress toward a recognized degree
or certificate, as determined by the Board of Regents pursuant to
subsection 7; and
(b) If the student graduated from high school after May 1, 2003,
maintain:
(1) At least a 2.60 grade point average on a 4.0 grading
scale for each semester during the first year of enrollment in the
Governor Guinn Millennium Scholarship Program.
(2) At least a 2.75 grade point average on a 4.0 grading
scale for each semester during the second year of enrollment in the
Governor Guinn Millennium Scholarship Program and for each semester
during each year of enrollment thereafter.
4. If a student does not satisfy the requirements of subsection 3
during one semester of enrollment, excluding a summer academic term, he
is not eligible for the millennium scholarship for the succeeding
semester of enrollment. If such a student:
(a) Subsequently satisfies the requirements of subsection 3 in a
semester in which he is not eligible for the scholarship, he is eligible
for the scholarship for his next semester of enrollment.
(b) Fails a second time to satisfy the requirements of subsection 3
during any subsequent semester, excluding a summer academic term, he is
no longer eligible for a millennium scholarship.
5. A millennium scholarship must be used only:
(a) For the payment of registration fees and laboratory fees and
expenses;
(b) To purchase required textbooks and course materials; and
(c) For other costs related to the attendance of the student at the
eligible institution.
6. The Board of Regents shall certify a list of eligible students
to the State Treasurer. The State Treasurer shall disburse a millennium
scholarship for each semester on behalf of an eligible student directly
to the eligible institution in which the student is enrolled, upon
certification from the eligible institution of the number of credits for
which the student is enrolled, which must meet or exceed the minimum
number of credits required for eligibility and certification that the
student is in good standing and making satisfactory academic progress
toward a recognized degree or certificate, as determined by the Board of
Regents pursuant to subsection 7. The scholarship must be administered by
the eligible institution as other similar scholarships are administered
and may be used only for the expenditures authorized pursuant to
subsection 5.
7. The Board of Regents shall establish criteria for determining
whether a student is making satisfactory academic progress toward a
recognized degree or certificate for purposes of subsection 6.
8. The Board of Regents shall establish procedures to ensure that
all money from a millennium scholarship awarded to a student that is
refunded in whole or in part for any reason is refunded to the Trust Fund
and not the student.
(Added to NRS by 1999, 2752 ; A 2001, 1417 , 2003 , 2963 ; 2005, 22nd Special Session, 150 )
The Board of Regents
shall develop a plan to direct a significant portion of other available
financial aid to culturally disadvantaged or at-risk students, and
students who graduated from high school before May 1, 2000, who wish to
attend college and have the potential to be successful, but who do not
otherwise meet the eligibility requirements for millennium scholarships.
(Added to NRS by 1999, 2753 )
UNLAWFUL ACTS
1. Except as otherwise provided in subsection 2, it is unlawful
for a person to engage in any kind of surreptitious electronic
surveillance on a campus of the System 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 public officer, based
upon a showing of probable cause to believe that criminal activity is
occurring on the property under surveillance;
(b) By a law enforcement agency pursuant to a criminal
investigation;
(c) Which is necessary as part of a system of security used to
protect and ensure the safety of persons on the campus; or
(d) Of a class or laboratory when authorized by the teacher of the
class or laboratory.
(Added to NRS by 1993, 2138)—(Substituted in revision for NRS
396.910)
1. It is unlawful for a person who knows or in the exercise of
reasonable care should know that a substance or material contains at
least one-tenth of 1 percent by weight or volume of a diisocyanate to
use, or cause or permit another person to use, the substance or material
in the maintenance or repair of a building owned or operated by the
System while any person who is not necessary to the maintenance or repair
is present in the building.
2. A person who knows or in the exercise of reasonable care should
know that a substance or material which contains at least one-tenth of 1
percent by weight or volume of a diisocyanate has been used in the
maintenance or repair of a building owned or operated by the System shall
ensure that the building is not occupied for at least 4 hours following
the use of that substance or material by any person who is not necessary
to the maintenance or repair.
3. A person who violates subsection 1 or 2 is guilty of a gross
misdemeanor.
4. For the purposes of this section, “diisocyanate” includes,
without limitation, toluene diisocyanate (TDI), methylene bisphenyl
isocyanate (MDI) or hexamethylene diisocyanate (HDI).
(Added to NRS by 1997, 3353)—(Substituted in revision for NRS
396.920)
1. It is unlawful for a person knowingly to use or attempt to use:
(a) A false or misleading degree or honorary degree conferred by
the System or another public postsecondary educational institution,
regardless of whether that institution is located in this State and
regardless of whether that institution is authorized to operate in this
State; or
(b) A degree or honorary degree conferred by the System or another
public postsecondary educational institution in a false or misleading
manner, regardless of whether that institution is located in this State
and regardless of whether that institution is authorized to operate in
this State,
Ê in connection with admission to any institution of higher education or
in connection with any business, employment, occupation, profession,
trade or public office.
2. Unless a greater penalty is provided by specific statute, a
person who violates the provisions of this section is guilty of a
misdemeanor and shall be punished by a fine of not more than $5,000 or by
imprisonment in the county jail for not more than 6 months, or by both
fine and imprisonment.
3. In addition to any criminal penalty imposed pursuant to
subsection 2, a person who violates the provisions of this section is
subject to a civil penalty in an amount not to exceed $5,000 for each
violation. The Attorney General or any district attorney of this State
may recover the penalty in a civil action brought in the name of the
State of Nevada in any court of competent jurisdiction.
4. For the purposes of this section, a degree or honorary degree
is false or misleading or is used in a false or misleading manner if it:
(a) States or suggests that the person named in the degree or
honorary degree has completed the requirements of an academic or
professional program of study in a particular field of endeavor beyond
the secondary school level and the person has not, in fact, completed the
requirements of the program of study;
(b) Is offered as his own by a person other than the person who
completed the requirements of the program of study; or
(c) Is awarded, bestowed, conferred, given, granted, conveyed or
sold:
(1) Based upon more than 10 percent of the recipient’s
documented life experience and not based upon actual completion of
academic work; or
(2) In violation of this chapter.
5. As used in this section:
(a) “Degree” has the meaning ascribed to it in NRS 394.620 .
(b) “Honorary degree” has the meaning ascribed to it in NRS 394.620
.
(Added to NRS by 2005, 619 )
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