USA Statutes : nevada
Title : Title 18 - STATE EXECUTIVE DEPARTMENT
Chapter : CHAPTER 233A - INDIAN AFFAIRS
As used in this chapter:
1. “Chairman” means the Chairman of the Nevada Indian Commission.
2. “Commission” means the Nevada Indian Commission.
3. “Commissioner” means a commissioner of the Nevada Indian
Commission.
(Added to NRS by 1965, 687; A 1973, 293)
The Nevada Indian Commission,
consisting of five members appointed by the Governor, is hereby created.
(Added to NRS by 1965, 687; A 1973, 293; 1977, 1182)
The
Governor shall appoint:
1. Three members who are Indians.
2. Two members who are representatives of the general public.
(Added to NRS by 1965, 687; A 1969, 1137; 1973, 294; 1977, 1182;
1989, 1399)
The Commission may incur all
necessary expenses within the limits of legislative appropriations to
effectuate its purposes.
(Added to NRS by 1965, 687)
The commissioners shall
designate a Chairman. The commissioners may meet regularly at least four
times each year and at such places and times as are specified by a call
of the Chairman or majority of the Commission. The Commission shall
prescribe regulations for its own management. Three members of the
Commission constitute a quorum which may exercise all the authority
conferred upon the Commission.
(Added to NRS by 1965, 687; A 1967, 1493; 1969, 1138; 1973, 294;
1983, 183, 1438)
1. The Governor, upon recommendation of the Commission, shall
appoint an Executive Director of the Commission who has had successful
experience in the administration and promotion of a program comparable to
that provided by this chapter.
2. The Executive Director of the Commission is in the unclassified
service of the State.
3. Except as otherwise provided in NRS 284.143 , the Executive Director of the Commission
shall devote his entire time to the duties of his office and shall not
follow any other gainful employment or occupation.
(Added to NRS by 1969, 1137; A 1971, 1429; 1981, 1277; 1985, 412;
1997, 618)
The Executive Director
of the Commission shall:
1. Be jointly responsible to the Governor and the Commission.
2. Direct and supervise all the technical and administrative
activities of the Commission.
3. Attend all Commission meetings and act as Secretary, keeping
minutes and audio recordings or transcripts of the proceedings.
4. Report to the Governor and the Commission all matters
concerning the administration of his office. He shall request the advice
of the Commission regarding matters of policy, but he is responsible,
unless otherwise provided by law, for the conduct of the administrative
functions of the commission office.
5. Compile, for Commission approval and submission to the
Governor, a biennial report regarding the work of the Commission and such
other matters as he may consider desirable.
6. Serve as contracting officer to receive funds from the Federal
Government or other sources for such studies as the Commission deems
necessary.
7. Attend all meetings of any special study committee appointed by
the Governor pursuant to this chapter and act as Secretary, keeping
minutes and audio recordings or transcripts of the proceedings.
8. Perform any lawful act which he considers necessary or
desirable to carry out the purposes and provisions of this chapter.
(Added to NRS by 1969, 1137; A 2005, 1407 )
The
Executive Director of the Commission may appoint such professional,
technical, clerical and operational staff as the execution of his duties
and the operation of the Commission may require.
(Added to NRS by 1965, 688; A 1969, 1138; 1985, 412)
1. Commissioners who are not in the regular employ of the State
are entitled to receive a salary of not more than $80, as fixed by the
Commission, for each day spent on the work of the Commission.
Commissioners who are in the regular employ of the State shall serve
without additional salary.
2. While engaged in the business of the Commission, each member
and employee of the Commission is entitled to receive the per diem
allowance and travel expenses provided for state officers and employees
generally.
3. Claims for payment of all expenses incurred by the Commission,
including the salaries and expenses of its commissioners, must be made on
vouchers and paid as other claims against the State are paid.
(Added to NRS by 1965, 688; A 1971, 841; 1975, 297; 1981, 1978;
1985, 412; 1989, 1709)
The purpose of
the Commission shall be to study matters affecting the social and
economic welfare and well-being of American Indians residing in Nevada,
including, but not limited to, matters and problems relating to Indian
affairs and to federal and state control, responsibility, policy and
operations affecting such Indians. The Commission shall recommend
necessary or appropriate action, policy and legislation or revision of
legislation and administrative agency regulations pertaining to such
Indians. The Commission shall make and report from time to time its
findings and recommendations to the Legislature, to the Governor and to
the public and shall so report at least biennially.
(Added to NRS by 1965, 688; A 1973, 345)
The Commission may:
1. Appoint advisory committees whenever necessary or appropriate
to assist and advise the Commission in the performance of its duties and
responsibilities under this chapter.
2. Negotiate and contract with such other agencies, public or
private, as it deems necessary or appropriate for such services,
facilities, studies and reports to the Commission as will best enable it
to carry out the purposes for which it is created.
3. Cooperate with and secure the cooperation of state, county,
city and other agencies, including Indian tribes, bands, colonies and
groups and intertribal organizations in connection with its study or
investigation of any matter within the scope of this chapter or NRS
383.150 to 383.190 , inclusive.
(Added to NRS by 1965, 688; A 1977, 49; 1979, 616; 1989, 575)
Advisory Committee Concerning Children’s Health Insurance Program
As used in NRS 233A.101 to 233A.107 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 233A.102 and 233A.103 have the meanings ascribed to them in those
sections.
(Added to NRS by 1999, 1429 )
“Advisory Committee”
means the Advisory Committee Concerning the Children’s Health Insurance
Program created pursuant to NRS 233A.104 .
(Added to NRS by 1999, 1429 )
“Children’s Health Insurance Program” has the meaning ascribed to it in
NRS 422.021 .
(Added to NRS by 1999, 1429 )
1. There is hereby created in the Commission the Advisory
Committee concerning the Children’s Health Insurance Program. The
Advisory Committee consists of:
(a) One member who is the chairman of a tribal council or chief of
a Nevada Indian tribe and is appointed by the governing body of a unit of
the Indian Health Service that is designated to serve the health care
needs of Indians in the eastern portion of this state. The appointed
member may designate a representative to serve in his absence.
(b) One member who is the chairman of a tribal council or chief of
a Nevada Indian tribe and is appointed by the governing body of a unit of
the Indian Health Service that is designated to serve the health care
needs of Indians in the western portion of this state. The appointed
member may designate a representative to serve in his absence.
(c) One member who is appointed by the Inter-Tribal Council of
Nevada, Inc.
(d) One member who is appointed by the governing board of an
organization that is partially funded by the Indian Health Service and
which specifically serves the health care needs of Indians in each county
whose population is more than 100,000, but less than 400,000.
(e) One member who is appointed by the governing board of an
organization that is partially funded by the Indian Health Service and
which specifically serves the health care needs of Indians in each county
whose population is 400,000 or more.
2. Each member serves a term of 2 years. A member may be
reappointed for additional terms of 2 years in the same manner as the
original appointment.
3. A vacancy occurring in the membership of the Advisory Committee
must be filled in the same manner as the original appointment.
4. The Advisory Committee shall meet at least twice annually.
5. At its first meeting and annually thereafter, the Advisory
Committee shall elect a Chairman from among its members.
(Added to NRS by 1999, 1429 )
1. Each member of the Advisory Committee serves without
compensation.
2. Each member of the Advisory Committee who is an employee of the
State of Nevada or a local government must be relieved from his duties
without loss of his regular compensation so that he may prepare for and
attend meetings of the Advisory Committee and perform any work necessary
to carry out the duties of the Advisory Committee in the most timely
manner practicable. A state agency or local governmental entity shall not
require an employee who is a member of the Advisory Committee to make up
the time that he is absent from work or to take annual vacation or
compensatory time for the time that he is absent from work to carry out
his duties as a member of the Advisory Committee.
(Added to NRS by 1999, 1429 )
1. The Advisory Committee shall:
(a) Provide written reports, analysis and advice to the Commission
on matters related to the Children’s Health Insurance Program, including,
without limitation, matters related to the enrollment of Indian children
in the Program, outreach efforts to raise awareness about the Program
among Indians and other matters concerning the Program which affect
Indians; and
(b) Make written recommendations concerning those matters to the
Commission.
2. The Commission shall:
(a) Consider the advice and recommendations of the Advisory
Committee and make any appropriate written recommendations to the
Director of the Department of Health and Human Services as a result of
this review; and
(b) Provide the necessary staff to assist the Advisory Committee in
performing its duties, including, without limitation, staff to assist in
preparing written reports and analysis pursuant to subsection 1.
(Added to NRS by 1999, 1430 )
RIGHTS OF INDIANS
Indians subject to the jurisdiction of the State
of Nevada pursuant to the provisions of NRS 41.430 and 194.040
are entitled to all services of the State of Nevada, including, without
limitation, correctional legal aid, public defender, probational and
psychiatric services afforded to any other persons who are defendants in
criminal actions or parties to civil actions in the courts of this State.
(Added to NRS by 1973, 1052)
The provisions
of NRS 41.430 and 194.040 do not preclude Indian tribes who are
recognized by the United States as possessing powers of self-government
from enacting their own laws, regulations and ordinances, and enforcing
them by their own tribal courts in accordance with their rules of
procedure, but no person subject to the jurisdiction of such tribal court
or governmental organization shall be denied any rights guaranteed by the
constitutions of the United States or the State of Nevada.
(Added to NRS by 1973, 1052)
The provisions of NRS 41.430 and
194.040 do not increase the power of
administrative agencies of the State of Nevada to exercise their
jurisdiction over persons living and residing upon tribal or Indian
country with the consent of the Indian tribe having jurisdiction over
that country, but the extent to which such jurisdiction of administrative
agencies existed prior to July 1, 1974, shall remain the same and in full
force and effect.
(Added to NRS by 1973, 1052)
