USA Statutes : nevada
Title : Title 18 - STATE EXECUTIVE DEPARTMENT
Chapter : CHAPTER 233C - ORGANIZATIONS FOR THE PROMOTION OF CULTURE
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 233C.011
to 233C.019 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1967, 1105; A 1977, 807; 1993, 1495; 1997, 3153;
2003, 631 )
“Administrator” means the
Administrator of the Division.
(Added to NRS by 2003, 630 )
“Board” means the Board of the
Division created pursuant to NRS 233C.030 .
(Added to NRS by 2003, 630 )
“Commission” means the
Commission for Cultural Affairs created pursuant to NRS 233C.200 .
(Added to NRS by 2003, 630 )
“Department” means the
Department of Cultural Affairs.
(Added to NRS by 2003, 631 )
“Division” means the Nevada Arts
Council.
(Added to NRS by 2003, 631 )
The Legislature hereby
determines and declares that:
1. The giving of further recognition to the arts as a vital aspect
of our culture and heritage is an essential means of expanding the
educational programs and promoting the general welfare of the people of
the State of Nevada.
2. The practice, enjoyment and impact of the arts are of
increasing importance to the economic vitality of communities in this
state.
3. Residents of this state desire increased opportunity to view,
enjoy or participate in the performing literary, visual and folk arts.
4. To this end, it is the policy of the State of Nevada to join
with institutions and professional organizations concerned with the arts
to insure that the role of the arts in the life of the communities of the
State will continue to grow and play an ever increasing part in the
cultural development and educational experience of the residents of the
State of Nevada.
(Added to NRS by 1967, 1105; A 2003, 632 )
NEVADA ARTS COUNCIL
1. The Nevada Arts Council is hereby created as a Division of the
Department.
2. The Division is the sole and official agency of this state to
receive and disburse any money made available to this state by the
National Endowment for the Arts pursuant to 20 U.S.C. § 954.
3. The Division:
(a) Shall cooperate with the State Public Works Board and the
Buildings and Grounds Division of the Department of Administration to
plan the potential purchase and placement of works of art inside or on
the grounds surrounding a state building.
(b) May request and must receive from any department, division,
board, bureau, commission or agency of this state such assistance and
data, as feasible and available, as will enable the Division to properly
carry out the purposes of this chapter.
(Added to NRS by 2003, 631 )
The Board of the
Division, consisting of nine members appointed by the Governor, is hereby
created.
(Added to NRS by 1967, 1106; A 1975, 230; 1977, 807; 1993, 1495;
1997, 3153; 2003, 632 )
1. The Governor shall appoint the members of the Board from among
residents of this state who are known for their knowledge of and
experience in the performing literary, visual and folk arts.
2. After the initial terms, the term of each member is 4 years,
except when appointed to fill unexpired terms.
3. A member may be removed by the Governor for three unexcused
absences from meetings of the Board.
(Added to NRS by 1967, 1106; A 1971, 74; 1975, 230; 1977, 807;
1981, 63; 2003, 632 )
1. Each member of the Board is entitled to receive a salary of not
more than $80, as fixed by the Board, for each day or portion thereof
during which he is in attendance at a regularly called meeting of the
Board.
2. If provided for in the budget of the Division, each member and
employee of the Board, while engaged in the business of the Board, is
entitled to receive the per diem allowance and travel expenses provided
for state officers and employees generally.
(Added to NRS by 1967, 1106; A 1977, 807; 1981, 1978; 1985, 412;
1989, 1709; 2003, 632 )
1. Except as otherwise provided in this subsection, meetings of
the Board may be held twice in each calendar year. If provided for in the
budget of the Division, meetings of the Board may be held more frequently
than twice in each calendar year at the discretion of the Chairman of the
Board.
2. A majority of the members of the Board constitutes a quorum for
the transaction of business.
3. Each member of the Board has one vote to further the objectives
of the Board.
(Added to NRS by 1967, 1106; A 1977, 807; 1983, 1438; 2003, 632
)
1. The Board shall elect from its membership a Chairman, a Vice
Chairman and a Treasurer to serve as officers of the Board.
2. The Administrator shall act as the nonvoting recording
Secretary of the Board.
3. The term of each officer of the Board, other than the
Administrator, is 2 years and any vacancies that occur in those offices
must be filled by election by the members of the Board for the remainder
of the unexpired term.
4. No member of the Board may serve more than two consecutive
terms as an officer of the Board.
(Added to NRS by 1967, 1106; A 1969, 1424; 1975, 230; 1977, 808;
2003, 632 )
1. The Board shall:
(a) Stimulate throughout the State the presentation of the
performing literary, visual and folk arts and encourage artistic
expression essential for the well-being of the arts, and make, before
September 1 of each even-numbered year, a report covering the biennium
ending June 30 of that year to the Governor and the Legislature on its
progress in this regard.
(b) Serve as an advocate of the arts and promote such policies and
viewpoints as in the opinion of the Board would benefit the arts
throughout this state.
(c) Work with organizations that are concerned with the arts and
whose activities are statewide in scope to develop and provide to the
Division recommendations for:
(1) Strategic plans;
(2) The mission of and goals for the Division; and
(3) Cultural policies and priorities for the State of Nevada.
(d) Hold public hearings to receive public comment and to discuss
issues relevant to the carrying out of the powers and duties of the Board.
(e) Assist the Division in the performance of acts necessary to
carry out the provisions of NRS 233C.096 .
(f) In connection with the functions of the Division, approve grant
applications and grant allocations within the limits of legislative
appropriations.
(g) In all other matters pertaining to the Division, serve in an
advisory capacity to the Department and to the Division.
2. The Chairman of the Board shall serve as, or shall appoint
another member of the Board to serve as, a member of the Commission, as
required pursuant to paragraph (b) of subsection 1 of NRS 233C.200 .
3. The Board may adopt such regulations as it deems necessary to
carry out its powers and duties.
(Added to NRS by 1967, 1106; A 1969, 1456; 1995, 418; 2001, 2974
; 2003, 633 )
1. The Administrator is appointed by the Director with special
reference to the Administrator’s training, experience, capacity and
interest in the arts.
2. The Administrator must have:
(a) A degree in the arts, a field related to the arts or public
administration; and
(b) Completed course work and accumulated experience in at least
one of the arts with at least 5 years of progressively responsible work
experience in the administration of arts and cultural programming, at
least 2 years of which must have been in a supervisory capacity.
3. The Administrator may employ, within the limits of legislative
appropriations, such staff as is necessary to the performance of his
duties.
4. The Administrator is responsible to the Director for the
general administration of the Division and for the submission of its
budgets, subject to administrative supervision by the Director.
5. The Administrator shall direct the work of the Division,
administer the Division and perform such other duties as the Director
may, from time to time, prescribe.
6. To carry out the provisions of this chapter and within the
limit of money available to him, the Administrator may enter into
contracts and other lawful agreements with:
(a) Natural persons, organizations and institutions for services
furthering the mission and goals of the Division and the Board; and
(b) Local, regional and national associations for cooperative
endeavors furthering the mission and goals of the programs of the
Division.
7. The Administrator may accept gifts, contributions and bequests
of unrestricted money from natural persons, foundations, corporations and
other organizations and institutions to further the mission and goals of
the programs of the Division.
8. As used in this section, “Director” means the Director of the
Department.
(Added to NRS by 2003, 631 )
The
Division shall periodically cause an examination to be made of the
physical condition of the works of art acquired for inclusion in public
works to determine which works of art need repair, restoration or
replacement and shall report this information to the Legislature.
(Added to NRS by 1995, 418; A 2003, 634 )
ACCOUNT FOR LICENSE PLATES FOR THE SUPPORT OF THE EDUCATION OF CHILDREN
IN THE ARTS
1. The Account for License Plates for the Support of the Education
of Children in the Arts is hereby created in the State General Fund. The
Division shall administer the Account.
2. The money in the Account does not lapse to the State General
Fund at the end of any fiscal year.
3. The money in the Account must be used only for the support of
programs for the education of children in the arts and must not be used
to replace or supplant funding available from other sources.
(Added to NRS by 1995, 1660; A 1997, 3003; 2003, 634 )
NEVADA CULTURAL FUND
1. The Nevada Cultural Fund is hereby created as a special revenue
fund. The purposes of the Fund are to:
(a) Ensure a stable and healthy cultural climate in this state;
(b) Advance and promote a meaningful role of the arts and
humanities in the lives of individual persons, families and communities
throughout this state; and
(c) Stimulate the provision of additional funding from private
sources to carry out the provisions of paragraphs (a) and (b).
Ê The money in the Fund must be used to augment and must not be used to
replace or supplant any legislative appropriations to the Division.
2. Except as otherwise provided in subsection 4, the Fund is a
continuing fund without reversion. The money in the Fund must be invested
as the money in other state funds is invested. The interest and income
earned on the money in the Fund, after deducting any applicable charges,
must be credited to the Fund. Claims against the Fund must be paid as
other claims against the State are paid.
3. The Division may accept gifts, grants and donations from any
source for deposit in the Fund.
4. The State Board of Examiners may, upon making a determination
that any portion of any amount appropriated by the Legislature for
deposit in the Fund is necessary to meet existing or future obligations
of the State, recommend to the Interim Finance Committee that the amount
so needed be transferred from the Fund to the State General Fund. Upon
approval of the Interim Finance Committee, the money may be so
transferred.
(Added to NRS by 2001, 2973 ; A 2003, 634 )
The
Division shall administer the Nevada Cultural Fund and may expend only
the amount of any gifts, grants, donations, interest and income credited
to the Fund to:
1. Provide resources for developing the artistic, administrative
and financial stability of cultural organizations that serve and enrich
communities throughout this state regarding the arts and humanities;
2. Support programs and projects that provide residents of and
visitors to this state with access to a broad range of activities
regarding the arts and humanities;
3. Encourage cultural organizations to reduce their deficits, to
establish cash reserves and endowments and to engage in capital projects
that will aid in their stabilization; and
4. Support initiatives and organizations that encourage access to,
the awareness of and education in the arts.
(Added to NRS by 2001, 2973 ; A 2003, 635 )
The Division
shall:
1. Adopt regulations establishing criteria and standards for the
eligibility for and use of any funding to be provided by the Division
pursuant to NRS 233C.096 .
2. Report to each regular session of the Legislature:
(a) The amount of money expended from the Nevada Cultural Fund;
(b) The specific purposes for which the money was expended; and
(c) The sources from which the money was obtained.
(Added to NRS by 2001, 2974 ; A 2003, 635 )
ACCOUNT FOR LOCAL CULTURAL ACTIVITIES
[Expires by limitation if
the Trustee fails to accept administration of the Account or fails to
administer the Account after acceptance.]
1. The Account for Local Cultural Activities is hereby created in
the State General Fund. The Account must be administered by the Trustee
of the Music Performance Trust Funds, 1501 Broadway, New York City, New
York.
2. If the Trustee signifies his acceptance in writing to the
Secretary of State and furnishes a copy of his acceptance to the State
Controller, money from the Account must be paid out on claims by the
Trustee as other claims against the State are paid.
(Added to NRS by 1987, 1788; A 1991, 1757)
[Expires by limitation if the Trustee fails to accept
administration of the Account or fails to administer the Account after
acceptance.]
1. The Trustee may use money from the Account for Local Cultural
Activities to support concerts, operas, ballets and public dances:
(a) Which are presented in this State in public parks, public
facilities, universities, colleges, schools, hospitals and other
institutions; and
(b) For which no fee is charged to the public, students, patients
or other persons for attendance.
2. The costs for which the Trustee may expend money from the
Account include the compensation of musicians, singers, other performing
artists and necessary technicians, and the cost of their transportation
to and from performances.
3. The Trustee may use no more than 10 percent of the total money
expended for the payment of industrial insurance, unemployment
compensation, federal taxes on employment and similar charges. In
addition, he may expend money from the Account to pay his actual expenses
of travel in administering the Account.
4. Employment of any performer or technician must comply with NRS
613.230 to 613.435 , inclusive, and no reference to arrangement through a labor
organization may be made with respect to any performance funded in whole
or in part from the Account.
(Added to NRS by 1987, 1788; A 1991, 1758)
COMMISSION FOR CULTURAL AFFAIRS
1. The Commission for Cultural Affairs is hereby created. The
Commission is advisory to the Department and consists of:
(a) The Chairman of the Nevada Humanities Committee or a member of
the Committee designated by him;
(b) The Chairman of the Board or a member of the Board designated
by him;
(c) The Chairman of the Board of Museums and History or a member of
the Board of Museums and History designated by him;
(d) A member of the Board of Museums and History, to be appointed
by the Governor;
(e) One representative of the general public who has a working
knowledge of the promotion of tourism in Nevada, to be appointed by the
Governor; and
(f) The Chairman of the State Council on Libraries and Literacy or
a member of the Council designated by him.
2. The Commission shall:
(a) Elect from its membership a Chairman who shall serve for a term
of 2 years. A vacancy occurring in this position must be filled by
election of the members of the Commission for the remainder of the
unexpired term.
(b) Prescribe rules for its own management and government.
(c) Meet biannually, or at more frequent times if it deems
necessary, and may, within the limitations of its budget, hold special
meetings at the call of its Chairman.
3. Three members of the Commission constitute a quorum, but a
majority of the members of the Commission is necessary to consider the
particular business before it and to exercise the power conferred on the
Commission.
4. The members of the Commission are not entitled to be paid a
salary, but are entitled, while engaged in the business of the
Commission, to receive the per diem allowance and travel expenses
provided for state officers and employees generally.
5. The Commission may use the money derived from interest earned
on the money in the Fund for the Preservation and Promotion of Cultural
Resources created pursuant to NRS 233C.230 to pay for:
(a) Any administrative services required by the Commission; and
(b) The per diem allowances and travel expenses of members of the
Commission authorized pursuant to subsection 4.
(Added to NRS by 1991, 1346; A 1993, 1495; 1997, 3153; 2001, 935
; 2003, 635 ; 2005, 898 )
1. The Commission shall establish within 1 year after its
formation, and revise every 2 years thereafter, a 10-year plan to:
(a) Preserve and promote Nevada’s cultural resources; and
(b) Develop a network of cultural centers and activities in this
state.
2. The plan must include:
(a) A description of the means by which a statewide network of
cultural centers and activities is to be developed;
(b) A program for awarding financial assistance to pay the actual
expenses of preserving or protecting historical buildings to be used to
develop a network of cultural centers and activities; and
(c) A detailed list of the initial projects to be undertaken.
3. The plan must be submitted to:
(a) The Governor;
(b) The Legislative Commission; and
(c) The State Board of Examiners.
(Added to NRS by 1991, 1346; A 1993, 1347; 2003, 636 )
The
Commission may, in establishing the Program for Awarding Financial
Assistance:
1. Award financial assistance to governmental entities and
nonprofit corporations formed for educational or charitable purposes,
including, without limitation, the preservation or promotion of cultural
resources.
2. Establish the conditions an applicant must satisfy to receive
an award of financial assistance. Financial assistance may only be
awarded for the actual expenses of preserving or protecting historical
buildings to be used to develop a network of cultural centers and
activities.
3. Specify the criteria by which proposed projects will be judged.
The criteria must include, but not be limited to, a consideration of the
degree to which a proposed project:
(a) May become a recurring event without the necessity of future
state financial support;
(b) Will be accessible to the community;
(c) Will promote tourism in the State;
(d) Will promote or preserve some historic or prehistoric feature
of Nevada;
(e) Will have multiple uses for many types of cultural
organizations;
(f) Will supplement training in the classroom in the arts and the
humanities; and
(g) Incorporates the various disciplines directly associated with
cultural resources.
4. Give priority to projects of statewide historical,
prehistorical or cultural significance which demonstrate an ability to
raise and sustain required amounts of financial support from sources
other than the State of Nevada, including donations of goods and
services. The ability of a project to raise and sustain support must be
weighed against the relative means and abilities of the applicants.
(Added to NRS by 1991, 1347; A 1993, 1348; 2003, 636 )
1. The Commission shall determine annually the total amount of
financial assistance it will grant from the proceeds of bonds issued
pursuant to this section in that calendar year pursuant to NRS 233C.200
to 233C.230 , inclusive. The Commission shall notify the
State Board of Examiners and the State Board of Finance of that amount.
In no case may the amount to be granted from the proceeds of such bonds
exceed $3,000,000 per year.
2. After receiving the notice given pursuant to subsection 1, the
State Board of Finance shall issue general obligation bonds of the State
of Nevada in the amount necessary to generate the amount to be granted by
the Commission from the proceeds of bonds issued pursuant to this section
and to pay the expenses related to the issuance of the bonds. The
expenses related to the issuance of bonds pursuant to this section must
be paid from the proceeds of the bonds, and must not exceed 2 percent of
the face amount of the bonds sold. No public debt is created, within the
meaning of Section 3 of Article 9 of the Constitution of the State of
Nevada, until the issuance of the bonds.
3. The proceeds from the sale of the bonds authorized by this
section, after deducting the expenses relating to the issuance of the
bonds, must be deposited with the State Treasurer and credited to the
Fund for the Preservation and Promotion of Cultural Resources.
4. The provisions of the State Securities Law, contained in
chapter 349 of NRS, apply to the issuance of bonds pursuant to this section.
5. The amount of financial assistance granted from the proceeds of
bonds issued pursuant to this section must not exceed $30,000,000 in any
10-year period. The total face amount of the bonds issued pursuant to
this section must not exceed the sum of:
(a) The amount of financial assistance granted pursuant to this
section; and
(b) The amount necessary to pay the expenses related to the
issuance of the bonds, which must not exceed 2 percent of the face amount
of the bonds sold.
(Added to NRS by 1993, 1347; A 1995, 1913; 1997, 3012; 1999, 171
; 2003, 637 ; 2005, 899 )
1. There is hereby created in the State Treasury the Fund for the
Preservation and Promotion of Cultural Resources. The Commission is
responsible for the administration of the Fund. All money received and
held by the State Treasurer for that purpose must be deposited in the
Fund. The Commission shall account separately for money received from the
proceeds of bonds issued pursuant to NRS 233C.225 .
2. Except as otherwise provided in subsection 5 of NRS 233C.200
, the Commission may expend money in
the Fund only for projects identified in the Commission’s plan to promote
and preserve the State’s cultural resources pursuant to NRS 233C.200
to 233C.230 , inclusive. In addition to the amount of
financial assistance granted from the proceeds of bonds issued pursuant
to NRS 233C.225 , the Commission may
grant as financial assistance not more than $750,000 each calendar year
of the interest earned on the deposit or investment of the money in the
Fund.
3. The money in the Fund must be invested as the money in other
state funds is invested. All interest on the deposit or investment of the
money in the Fund must be credited to the Fund.
4. Claims against the Fund must be paid as other claims against
the State are paid.
(Added to NRS by 1991, 1347; A 1993, 1348; 1997, 3154; 1999, 171
; 2003, 637 )
