Assembly Bill No. 460–Committee on Government Affairs

(On Behalf of Department of Museums,
Library and Arts)

March 10, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions relating to department of museums, library and arts. (BDR 33-1576)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to the department of museums, library and arts; revising the qualifications of the director of the department; requiring the administrator of the division of museums and history of the department to appoint the director of the Nevada state museum; removing certain obsolete provisions; revising the titles and classification of certain employees of the department; authorizing the board of museums and history of the department to establish reasonable fees for certain services; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 378.0086 is hereby amended to read as follows:

1-2 378.0086 The director:

1-3 1. Is appointed by and responsible to the governor, and serves at the

1-4 pleasure of the governor.

1-5 2. Is in the unclassified service of the state.

1-6 3. Shall not engage in any other gainful employment or occupation.

1-7 4. Must be selected with special reference to training, experience,

1-8 capacity and interest in cultural resources, arts or library or archive

1-9 management, or any combination thereof. His knowledge and abilities

1-10 must include, without limitation:

2-1 (a) A comprehensive knowledge of administrative principles and a

2-2 working knowledge of broad principles relating to subject matters under

2-3 his administrative direction;

2-4 (b) The administrative ability to assess the adequacy of agency

2-5 operations and the protection of the public interest as related to the

2-6 subject matters;

2-7 (c) The ability to organize and present oral and written

2-8 communications to the governor, the legislature and other pertinent

2-9 officials or persons; and

2-10 (d) The ability to oversee the carrying out of the statutory

2-11 responsibilities of the department and of the policies, rules and

2-12 regulations of the department.

2-13 5. Must have demonstrated ability and 4 years of experience

2-14 administering a major public agency [in the field of museums, libraries or

2-15 arts, or a related agency.] or in business administration.

2-16 6. Must have [an advanced degree in the humanities, history, science,

2-17 the arts, library science, or a related field, or in public administration.] a

2-18 degree from an accredited 4-year college or university.

2-19 Sec. 2. NRS 378.010 is hereby amended to read as follows:

2-20 378.010 The state library and archives administrator:

2-21 1. Is appointed by [and] , is responsible to [the director and he] , and

2-22 serves at the pleasure of the director.

2-23 2. Must be appointed on the basis of merit.

2-24 3. Is in the [classified service, except for the purposes of removal.]

2-25 unclassified service of the state.

2-26 Sec. 3. NRS 381.005 is hereby amended to read as follows:

2-27 381.005 1. The administrator is appointed by , is responsible to, and

2-28 serves at the pleasure of the director. The director shall consult with the

2-29 board before making the appointment.

2-30 2. To be qualified for appointment, the administrator must have a

2-31 degree in history or science and experience in public administration.

2-32 3. The administrator is in the unclassified service of the state.

2-33 4. The administrator may employ, within the limits of legislative

2-34 appropriations, such staff as is necessary to the performance of his duties.

2-35 Sec. 4. NRS 381.008 is hereby amended to read as follows:

2-36 381.008 When not in conflict with any condition or restraint placed on

2-37 a gift and with the approval of the board, the director [or curator] of each

2-38 institution of the division may sell duplicates, surplus and items

2-39 inappropriate to the collection of the institution. The proceeds of the sale

2-40 must be held in trust and may be expended only for the purchase of

2-41 photographs, memorabilia and other historical articles, and collections

2-42 related to history, prehistory or natural history to enrich the collection of

2-43 the institution.

3-1 Sec. 5. NRS 381.120 is hereby amended to read as follows:

3-2 381.120 1. The [governor] administrator shall appoint a director

3-3 [from a list of three names submitted by the board and the administrator.] ,

3-4 who is in the classified service. The director must have:

3-5 (a) An advanced degree in science or history; and

3-6 (b) At least 3 years’ experience in managing a museum.

3-7 2. The director may employ and fix the duties, powers and conditions

3-8 of employment of necessary curators, assistants, janitors, laborers, guards

3-9 and employees of the Nevada state museum.

3-10 3. [Except for the director and two assistants, all employees of the

3-11 Nevada state museum whose salaries are paid from the general fund

3-12 appropriation are in the classified service of the state. The director is in the

3-13 unclassified service. The director may, within the limits of legislative

3-14 appropriation, fix the annual salaries of the two assistants.

3-15 4.] When any employee is required to perform any travel in

3-16 conjunction with his duties and at the specific instruction of his supervisor,

3-17 he is entitled to receive his expenses.

3-18 [5. Except as otherwise provided in NRS 284.143, the director shall

3-19 devote his entire time and attention to the business of his office and shall

3-20 not pursue any other business or occupation or hold any other office of

3-21 profit.]

3-22 Sec. 6. NRS 381.265 is hereby amended to read as follows:

3-23 381.265 As used in NRS 381.270 to 381.335, inclusive, ["curator"]

3-24 "director" means the [curator] director of the Lost City museum.

3-25 Sec. 7. NRS 381.270 is hereby amended to read as follows:

3-26 381.270 1. The Lost City museum is hereby established as an

3-27 institution within the division.

3-28 2. The administrator shall appoint a [curator of the Lost City museum,]

3-29 director, who is in the classified service.

3-30 Sec. 8. NRS 381.275 is hereby amended to read as follows:

3-31 381.275 The [curator] director may:

3-32 1. Govern, manage and control the exhibit and display of all property

3-33 and things of the Lost City museum;

3-34 2. Trade, exchange and transfer exhibits and duplicates thereof when

3-35 he considers it proper, and those transactions shall not be deemed sales;

3-36 3. Audit and approve all bills, claims and accounts for the Lost City

3-37 museum;

3-38 4. Collect all money and other property received by the Lost City

3-39 museum from memberships, sales, interest or dividends from any sources

3-40 other than appropriation by the legislature; and

3-41 5. Adopt rules for the internal management of the Lost City museum.

4-1 Sec. 9. NRS 381.285 is hereby amended to read as follows:

4-2 381.285 The [curator] director shall use any gift of money or other

4-3 property the Lost City museum is authorized to accept in a manner

4-4 consistent with the purposes of the museum.

4-5 Sec. 10. NRS 381.315 is hereby amended to read as follows:

4-6 381.315 The [curator] director may hire and fix the duties, powers and

4-7 conditions of employment of necessary technical and clerical personnel.

4-8 Sec. 11. NRS 381.325 is hereby amended to read as follows:

4-9 381.325 The [curator] director may set the qualifications for life,

4-10 honorary, annual, sustaining and such other memberships as he considers

4-11 necessary.

4-12 Sec. 12. NRS 381.335 is hereby amended to read as follows:

4-13 381.335 1. The [curator] director shall make a report biennially to

4-14 the administrator, who shall submit the report to the governor. The report

4-15 must embrace the transactions, work and expenditures of the institution.

4-16 2. The report must be printed.

4-17 Sec. 13. NRS 381.405 is hereby amended to read as follows:

4-18 381.405 1. The administrator shall appoint a director of the Nevada

4-19 museum and historical society [.] , who is in the classified service. The

4-20 director must have:

4-21 (a) An advanced degree in science or history; and

4-22 (b) At least 3 years’ experience in managing a museum.

4-23 2. The director may employ and fix the duties, powers and conditions

4-24 of employment of necessary curators, assistants, janitors, laborers, guards

4-25 and employees of the Nevada museum and historical society.

4-26 3. [The director is in the unclassified service.

4-27 4.] When any employee is required to perform any travel in

4-28 conjunction with his duties and at the specific instruction of his supervisor,

4-29 he is entitled to receive his expenses.

4-30 [5. Except as otherwise provided in NRS 284.143, the director shall

4-31 devote his entire time and attention to the business of his office and shall

4-32 not pursue any other business or occupation or hold any other office of

4-33 profit.]

4-34 Sec. 14. Chapter 381A of NRS is hereby amended by adding thereto

4-35 the provisions set forth as sections 15 and 16 of this act.

4-36 Sec. 15. "Administrator" means the administrator of the division of

4-37 museums and history of the department of museums, library and arts.

4-38 Sec. 16. "Director" means the director of a Nevada state railroad

4-39 museum.

5-1 Sec. 17. NRS 381A.010 is hereby amended to read as follows:

5-2 381A.010 As used in this chapter, ["curator" means the curator of a

5-3 Nevada state railroad museum.] unless the context otherwise requires, the

5-4 words and terms defined in sections 15 and 16 of this act have the

5-5 meanings ascribed to them in those sections.

5-6 Sec. 18. NRS 381A.030 is hereby amended to read as follows:

5-7 381A.030 1. The [director of the department of museums, library

5-8 and arts] administrator shall adopt regulations:

5-9 [1.] (a) Governing the use and operation of locomotives, motorcars,

5-10 cars, recreational or commercial rides on the trains and fixtures owned by

5-11 the State of Nevada.

5-12 [2.] (b) For the safe operation of locomotives, motorcars, cars,

5-13 recreational or commercial rides on the trains and fixtures owned by the

5-14 State of Nevada.

5-15 2. The board of museums and history may establish reasonable fees

5-16 for recreational or commercial rides on the trains and fixtures owned by

5-17 the State of Nevada. If the board establishes such fees, the board shall

5-18 submit a schedule of the fees and any revisions to the fees to the

5-19 administrator for inclusion in the regulations adopted pursuant to

5-20 subsection 1.

5-21 Sec. 19. NRS 381A.040 is hereby amended to read as follows:

5-22 381A.040 The administrator [of the division of museums and history]

5-23 shall appoint a [curator] director of each of the Nevada state railroad

5-24 museums . [, who are] Each director is in the classified service.

5-25 Sec. 20. NRS 381A.050 is hereby amended to read as follows:

5-26 381A.050 A [curator] director may:

5-27 1. Govern, manage and control the exhibit and display of all property

5-28 of the museum;

5-29 2. Trade, exchange and transfer exhibits and duplicates thereof when

5-30 he considers it proper, and the transactions are not sales;

5-31 3. Audit and approve all bills, claims and accounts for the museum;

5-32 4. Collect all money and other property received by the museum from

5-33 memberships, sales, interest or dividends from any sources other than

5-34 appropriation by the legislature; and

5-35 5. Adopt regulations for the internal management of the museum.

5-36 Sec. 21. NRS 381A.080 is hereby amended to read as follows:

5-37 381A.080 A [curator] director may hire and fix the duties, powers and

5-38 conditions of employment of necessary technical and clerical personnel.

5-39 Sec. 22. NRS 381A.090 is hereby amended to read as follows:

5-40 381A.090 A [curator] director may set the qualifications for life,

5-41 honorary, annual, sustaining and such other memberships as he considers

5-42 necessary.

6-1 Sec. 23. NRS 381A.100 is hereby amended to read as follows:

6-2 381A.100 Each [curator] director shall make a report biennially to the

6-3 administrator , [of the division of museums and history,] who shall submit

6-4 the report to the director of the department of museums, library and arts.

6-5 The report must embrace the transactions, work and expenditures of the

6-6 museum.

6-7 Sec. 24. NRS 382.0135 is hereby amended to read as follows:

6-8 382.0135 1. The administrator shall appoint a director of the Nevada

6-9 historical society. The director must have:

6-10 (a) An advanced degree in science, history or a discipline related to the

6-11 functions of the historical society; and

6-12 (b) At least 3 years’ experience in managing a similar type of agency.

6-13 2. The director is in the [unclassified] classified service.

6-14 Sec. 25. NRS 383.031 is hereby amended to read as follows:

6-15 383.031 The administrator of the office:

6-16 1. Must be selected by the director with special reference to his

6-17 training, experience, capacity and interest in historic preservation or

6-18 archeology, or both.

6-19 2. Must have an advanced degree in history, archeology, architectural

6-20 history, historic preservation or a related field or in public administration

6-21 with course work and experience in one of the fields of historic

6-22 preservation and archeology.

6-23 3. Is appointed by, is responsible to, and serves at the pleasure of the

6-24 director.

6-25 4. Is in the unclassified service of the state.

6-26 Sec. 26. NRS 233C.080 is hereby amended to read as follows:

6-27 233C.080 [1. The director] The administrator of the council [must] :

6-28 1. Must be selected by the director of the department of museums,

6-29 library and arts with special reference to his training, experience, capacity

6-30 and interest in the arts . [from a list of three candidates submitted by the

6-31 council.

6-32 2. The director of the council must] The director shall consult with

6-33 the council before making the appointment.

6-34 2. Must have a degree in the arts or a related field or in public

6-35 administration with course work and experience in at least one of the arts.

6-36 3. Is appointed by, is responsible to, and serves at the pleasure of the

6-37 director.

6-38 4. Is in the unclassified service of the state.

6-39 Sec. 27. NRS 233C.094 is hereby amended to read as follows:

6-40 233C.094 1. The account for license plates for the support of the

6-41 education of children in the arts is hereby created in the state general fund.

6-42 The [director] administrator of the council shall administer the account.

7-1 2. The money in the account does not lapse to the state general fund at

7-2 the end of any fiscal year.

7-3 3. The money in the account must be used only for the support of

7-4 programs for the education of children in the arts and must not be used to

7-5 replace or supplant funding available from other sources.

7-6 Sec. 28. This act becomes effective upon passage and approval.

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