(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 401–Senators Rawson,
Neal and O’Donnell

 

March 19, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes to provisions governing office of science, engineering and technology. (BDR 18‑815)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the office of science, engineering and technology; transferring the office from the University and Community College System of Nevada to the Office of the Governor; revising the duties of the director of the office; 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 223.085 is hereby amended to read as follows:

1-2    223.085  1.  The governor may, within the limits of available money,

1-3  employ such persons as he deems necessary to provide an appropriate staff

1-4  for the office of the governor, including, without limitation, the agency for

1-5  nuclear projects , the office of science, innovation and technology and the

1-6  governor’s mansion. Any such employees are not in the classified or

1-7  unclassified service of the state and serve at the pleasure of the governor.

1-8    2.  The governor shall:

1-9    (a) Determine the salaries and benefits of the persons employed

1-10  pursuant to subsection 1, within limits of money available for that purpose;

1-11  and

1-12    (b) Adopt such rules and policies as he deems appropriate to establish

1-13  the duties and employment rights of the persons employed pursuant to

1-14  subsection 1.

1-15    Sec. 2.  Chapter 231 of NRS is hereby amended by adding thereto the

1-16  provisions set forth as sections 3 to 6, inclusive, of this act.

1-17    Sec. 3.  1.  The office of science, innovation and technology is

1-18  hereby established in the office of the governor.

1-19    2.  The governor shall appoint the director of the office of science,

1-20  innovation and technology. In making the appointment, the governor:

2-1    (a) Shall give consideration to any recommendation which is

2-2  submitted by the chancellor of the University and Community College

2-3  System of Nevada.

2-4    (b) May assemble a panel of persons with appropriate experience in

2-5  science and technology to make recommendations of qualified

2-6  candidates for the position of director.

2-7    3.  The director shall devote his entire time and attention to the

2-8  business of his office and shall not engage in any other gainful

2-9  employment or occupation.

2-10    4.  The director is not in the classified or unclassified service of the

2-11  state and serves at the pleasure of the governor.

2-12    Sec. 4.  The director of the office of science, innovation and

2-13  technology shall:

2-14    1.  Advise the governor on matters relating to science, innovation and

2-15  technology.

2-16    2.  Work in coordination with the commission on economic

2-17  development to establish criteria and goals for economic development

2-18  and diversification in this state in the areas of science, innovation and

2-19  technology.

2-20    3.  As directed by the governor, identify, recommend and carry out

2-21  policies related to science, innovation and technology.

2-22    4.  Report periodically to the chairman and executive director of the

2-23  commission on economic development concerning the administration of

2-24  the policies and programs of the office of science, innovation and

2-25  technology.

2-26    5.  Develop and coordinate efforts to attract biotechnological

2-27  companies to this state.

2-28    6.  Establish and maintain a clearinghouse of information regarding

2-29  biotechnological business in this state.

2-30    Sec. 5.  1.  The director of the office of science, innovation and

2-31  technology may:

2-32    (a) Accept any gift, donation, bequest or devise; and

2-33    (b) Apply for and accept any grant, loan or other source of

2-34  money,

2-35  to assist him in carrying out his duties.

2-36    2.  The director may serve as a member of the Nevada Technology

2-37  Council.

2-38    Sec. 6.  1.  The account for the office of science, innovation and

2-39  technology is hereby created in the state general fund. The account must

2-40  be administered by the director of the office of science, innovation and

2-41  technology.

2-42    2.  Any money accepted pursuant to section 5 of this act must be

2-43  deposited in the account.

2-44    3.  The interest and income earned on the money in the account, after

2-45  deducting any applicable charges, must be credited to the account.

2-46    4.  The money in the account must only be used to carry out the

2-47  duties of the director.

2-48    5.  Claims against the account must be paid as other claims against

2-49  the state are paid.

3-1    Sec. 7.  NRS 284.140 is hereby amended to read as follows:

3-2    284.140  The unclassified service of the state consists of positions held

3-3  by state officers or employees in the executive department of the state

3-4  government as follows:

3-5    1.  Persons chosen by election or appointment to fill an elective office.

3-6    2.  Members of boards and commissions, and heads of departments,

3-7  agencies and institutions required by law to be appointed.

3-8    3.  At the discretion of the elective officer or head of each department,

3-9  agency or institution, one deputy and one chief assistant in each

3-10  department, agency or institution.

3-11    4.  Except as otherwise provided in section 3 of this act and NRS

3-12  223.085 and 223.570, all persons required by law to be appointed by the

3-13  governor or heads of departments or agencies appointed by the governor or

3-14  by boards.

3-15    5.  All employees other than clerical in the office of the attorney

3-16  general and the state public defender required by law to be appointed by

3-17  the attorney general or the state public defender.

3-18    6.  Except as otherwise provided by the board of regents of the

3-19  University of Nevada pursuant to NRS 396.251, officers and members of

3-20  the teaching staff and the staffs of the agricultural extension department

3-21  and experiment station of the University and Community College System

3-22  of Nevada, or any other state institution of learning, and student employees

3-23  of these institutions. Custodial, clerical or maintenance employees of these

3-24  institutions are in the classified service. The board of regents of the

3-25  University of Nevada shall assist the director in carrying out the provisions

3-26  of this chapter applicable to the University and Community College

3-27  System of Nevada.

3-28    7.  Officers and members of the Nevada National Guard.

3-29    8.  Persons engaged in public work for the state but employed by

3-30  contractors when the performance of the contract is authorized by the

3-31  legislature or another competent authority.

3-32    9.  Patient and inmate help in state charitable, penal, mental and

3-33  correctional institutions.

3-34    10.  Part-time professional personnel who are paid for any form of

3-35  medical, nursing or other professional service and who are not engaged in

3-36  the performance of administrative or substantially recurring duties.

3-37    11.  All other officers and employees authorized by law to be employed

3-38  in the unclassified service.

3-39    Sec. 8.  NRS 396.798, 396.7982, 396.7984 and 396.7988 are hereby

3-40  repealed.

3-41    Sec. 9.  The state treasurer shall transfer any balance remaining

3-42  unexpended on June 30, 2001, in the account for the office of science,

3-43  engineering and technology to the account for the office of science,

3-44  innovation and technology which is created by section 6 of this act.

3-45    Sec. 10.  This act becomes effective on July 1, 2001.

 

4-1  LEADLINES OF REPEALED SECTIONS

 

4-2    396.798  Establishment; appointment, qualifications and term of

4-3   director; other employment by director prohibited without approval

4-4   of governor.

4-5    396.7982  Director: Duties; powers; prohibited acts.

4-6    396.7984  Periodic and biennial reports required of director.

4-7    396.7988  Acceptance of gifts and money by director; creation of

4-8   account; deposit of money.

 

4-9  H