SB541_EN

Senate Bill No. 541–Committee on Human
Resources and Facilities

CHAPTER..........

AN ACT relating to the department of museums, library and arts; changing the name of the department to the department of cultural affairs; requiring the administrator of the division of museums and history of the department to establish the powers and duties of the museum directors of the various institutions of the division; transferring the museum directors of the Nevada state museum, the Nevada museum and historical society and the Nevada historical society from the unclassified to the classified service of the state; providing that abandoned property held by an institution of the division of museums and history becomes the property of the division; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 378.005 is hereby amended to read as follows:

378.005 As used in this chapter:

1. “Department” means the department of [museums, library and arts.]

cultural affairs.

2. “Director” means the director of the department . [of museums,

library and arts.]

3. “Division” means the division of state library and archives of the

department.

Sec. 2. NRS 378.008 is hereby amended to read as follows:

378.008 1. There is hereby created the department of [museums,

library and arts,] cultural affairs in which is vested the administration of

the provisions of this Title and chapter 233C of NRS.

2. The department consists of a director and the following:

(a) The division of state library and archives;

(b) The division of museums and history;

(d) The state arts council;

(e) The board of museums and history;

(f) The state council on libraries and literacy;

(g) The state historical records advisory board; and

(h) The commission for cultural affairs.

Sec. 3. NRS 378A.040 is hereby amended to read as follows:

378A.040 1. The governor shall appoint to the board:

(a) The person who is in charge of the archives and records of the

division of state library and archives of the department of [museums,

library and arts.] cultural affairs. This person is the state historical records

coordinator for the purposes of 36 C.F.R. § [1206.10] 1206.36 and shall

serve as chairman of the board.

(b) [The] A person in charge of [the Nevada historical society.] a state

-funded historical agency who has responsibilities related to archives or

records, or to both archives and records.

experience in the administration of historical records or archives. These

members must represent as broadly as possible the various public and

private archive and research institutions and organizations in the state.

2. After the initial terms, the chairman serves for 4 years and each

other appointed member serves for 3 years. Members of the board may be

reappointed.

Sec. 4. NRS 379.0083 is hereby amended to read as follows:

379.0083 The state library and archives administrator may adopt

regulations establishing fees:

1. Of not more than $5 for the issuance and renewal of a certificate.

The fee for issuing a duplicate certificate must be the same as for issuing

the original. The money received from such fees must be paid into the

state general fund.

2. To cover the amount charged by the Federal Bureau of Investigation

for processing the fingerprints of an applicant. The money received from

such fees must be deposited with the state treasurer for credit to the

appropriate account of the division of state library and archives of the

department of [museums, library and arts.] cultural affairs.

Sec. 5. NRS 380A.031 is hereby amended to read as follows:

380A.031 1. The state council on libraries and literacy is hereby

created. The council is advisory to the division of state library and

archives of the department of [museums, library and arts.] cultural affairs.

2. The council consists of 11 members appointed by the governor.

Unless specifically appointed to a shorter term, the term of office of a

member of the council is 3 years and commences on July 1 of the year of

appointment. The terms of office of the members of the council must be

staggered to result in, as nearly as possible, the appointment of three or

four members to the council on July 1 of each year.

Sec. 6. NRS 380A.041 is hereby amended to read as follows:

380A.041 1. The governor shall appoint to the [state council on

libraries and literacy:] council:

(a) A representative of public libraries;

(b) A trustee of a legally established library or library system;

(d) A representative of academic libraries;

(e) A representative of special libraries or institutional libraries;

(f) A representative of persons with disabilities;

(g) A representative of the public who uses these libraries;

(h) A representative of recognized state labor organizations;

(i) A representative of private sector employers;

(j) A representative of private literacy organizations, voluntary literacy

organizations or community-based literacy organizations; and

(k) A classroom teacher who has demonstrated outstanding results in

teaching children or adults to read.

2. The director of the following state agencies or their designees shall

serve as ex officio members of the council : [pursuant to Public Law No.

102-73:]

(a) The department of [museums, library and arts;] cultural affairs;

(b) The department of education;

(d) The department of human resources;

(e) The commission on economic development; and

(f) The department of prisons.

3. Officers of state government whose agencies provide funding for

literacy services may be designated by the governor or the chairman of the

council to serve whenever matters within the jurisdiction of the agency are

considered by the council.

4. The governor shall ensure that there is appropriate representation on

the [advisory] council of urban and rural areas of the state, women,

persons with disabilities and racial and ethnic minorities.

5. A person may not serve as a member of the council for more than

two consecutive terms.

Sec. 7. Chapter 381 of NRS is hereby amended by adding thereto the

provisions set forth as sections 8 to 13, inclusive, of this act.

Sec. 8. 1. The administrator shall:

(a) Appoint a museum director for each institution; and

(b) Establish the powers and duties of each museum director as

necessary for the efficient operation of the division pursuant to the

provisions of section 9 of this act.

2. Each museum director is in the classified service of the state. The

department of personnel, in cooperation with the administrator, shall

classify the position of each museum director based on the powers and

duties he is required to carry out, the size and complexity of the

programs he is required to administer and such other considerations as

are deemed relevant by the department of personnel.

3. Each museum director shall exercise such powers and carry out

such duties as are assigned to him by the administrator pursuant to

section 9 of this act.

Sec. 9. 1. The administrator shall, in accordance with any directive

received from the director pursuant to NRS 232.005 or 378.0089,

authorize or require each museum director to perform such duties set

forth in subsection 2 as are necessary for the operation of the institution

administered by the museum director, after giving consideration to:

(a) The size and complexity of the programs the museum director is

required to administer;

(b) The number of personnel needed to carry out those programs;

(d) Such other factors as are relevant to the needs of the institution

and the division.

2. The administrator may authorize or require a museum director to:

(a) Oversee duties related to the auditing and approval of all bills,

claims and accounts of the institution administered by the museum

director.

(b) Receive, collect, exchange, preserve, house, care for, display and

exhibit, particularly, but not exclusively, respecting the State of Nevada:

(1) Samples of the useful and fine arts, sciences and industries,

relics, memorabilia, products, works, records, rare and valuable articles

and objects, including, without limitation, drawings, etchings,

lithographs, photographs, paintings, statuary, sculpture, fabrics,

furniture, implements, machines, geological and mineral specimens,

precious, semiprecious and commercial minerals, metals, earths, gems

and stones.

(2) Books, papers, records and documents of historic, artistic,

literary or industrial value or interest by reason of rarity, representative

character or otherwise.

Great Basin.

(d) Establish such programs in archeology, anthropology, mineralogy,

ethnology, ornithology and such other scientific programs as in the

judgment of the board and administrator may be proper and necessary

to carry out the objects and purposes appropriate to the institution

administered by the museum director.

(e) Receive and collect property from any appropriate agency of the

State of Nevada, or from accessions, gifts, exchanges, loans or

purchases from any other agencies, persons or sources.

(f) House and preserve, care for and display or exhibit property

received by an institution. This paragraph does not prevent the

permanent or temporary retention, placement, housing or exhibition of a

portion of the property in other places or locations in or outside of the

state at the sole discretion of the board.

(g) Make and obtain plans and specifications and let and supervise

contracts for work or have the work done on force account or day labor,

supplying material or labor, or otherwise.

(h) Receive, accept and obtain by exchange in the name of the State of

Nevada all property loaned to the institution administered by the

museum director for preservation, care, display or exhibit, or decline

and reject the property in his discretion, and undertake to be responsible

for all property loaned to the institution or make just payment of any

reasonable costs or rentals therefor.

(i) Apply for and expend all gifts and grants that the institution

administered by the museum director is authorized to accept in

accordance with the terms and conditions of the gift or grant.

(j) Govern, manage and control the exhibit and display of all property

and things of the institution administered by the museum director at

other exhibits, expositions, world’s fairs and places of public or private

exhibition. Any property of the State of Nevada that may be placed on

display or on exhibition at any world’s fair or exposition must be taken

into custody by the administrator at the conclusion of the world’s fair or

exposition and placed and kept in the institution, subject to being

removed and again exhibited at the discretion of the administrator or a

person designated by the administrator.

(k) Negotiate and consult with and agree with other institutions,

departments, officers and persons or corporations of and in the State of

Nevada and elsewhere respecting quarters for and the preservation,

care, transportation, storage, custody, display and exhibit of articles and

things controlled by the institutions and respecting the terms and cost,

the manner, time, place and extent, and the return thereof.

(l) Trade, exchange and transfer exhibits and duplicates when the

administrator deems it proper. Such transactions shall not be deemed

sales.

(m) Establish the qualifications for life, honorary, annual, sustaining

and such other memberships as are established by the board pursuant to

NRS 381.0045.

(n) Adopt rules for the internal operations of the institution

administered by the museum director, including, without limitation, the

operation of equipment of the institution.

3. The enumeration of the powers and duties that may be assigned to

a museum director pursuant to this section is not exclusive of other

general objects and purposes appropriate to a public museum.

4. The provisions of this section do not prohibit the administrator

from making such administrative and organizational changes as are

necessary for the efficient operation of the division and its institutions

and to ensure that an institution properly carries out the duties and

responsibilities assigned to that institution.

Sec. 9.5. The administrator shall adopt regulations governing the

use and safe operation of locomotives, motorcars, cars, recreational or

commercial rides on the trains and fixtures owned by the State of

Nevada.

Sec. 10. Any condition or restraint placed on any bequest, device,

endowment, trust allotment or other gift made to the division must be in

writing. The administrator and the board must accept, in writing, such a

bequest, device, endowment, trust allotment or gift before it becomes the

property of the State of Nevada.

Sec. 11. In addition to private money, the funding to carry out the

provisions of this chapter must be provided by legislative appropriation

from the state general fund and must be paid out on claims as other

claims against the state are paid.

Sec. 12. 1. To enable the Nevada historical society to augment its

collection by effecting exchanges with other societies and institutions,

one bound copy each of the several publications of the state and of its

societies and institutions, except the Nevada Reports and Statutes of

Nevada, must be donated to the Nevada historical society as they are

issued. The publications must be delivered to the society by the secretary

of state or another elected officer who has custody of the publications.

2. One set of the Nevada Reports and one set of Statutes of Nevada

must be donated to the society, which, together with one set of all the

publications donated in compliance with the provisions of subsection 1,

must be deposited in the collections of the society.

Sec. 13. The Nevada historical society shall preserve as is deemed

appropriate all old and obsolete property and obsolete and noncurrent

public records presented to it by the state library and archives

administrator from the archives and records of the division of state

library and archives of the department.

Sec. 14. NRS 381.001 is hereby amended to read as follows:

381.001 As used in this chapter, unless the context otherwise requires:

1. “Administrator” means the administrator of the division . [of

museums and history.]

2. “Board” means the board of museums and history.

3. “Department” means the department of [museums, library and arts.]

cultural affairs.

4. “Director” means the director of the department . [of museums,

library and arts.]

5. “Division” means the division of museums and history of the

department.

6. “Institution” means an institution of the division established

pursuant to NRS 381.004.

7. “Museum director” means the executive director of an institution

of the division appointed by the administrator pursuant to section 8 of

this act.

Sec. 15. NRS 381.003 is hereby amended to read as follows:

381.003 The board may establish shops for the sale of gifts and

souvenirs, such as publications, books, postcards, color slides and such

other related material as, in the judgment of the board, is appropriately

connected with the operation of the institutions [of the division] or the

purposes of this chapter.

Sec. 16. NRS 381.0037 is hereby amended to read as follows:

381.0037 The board may establish [a] :

1. A petty cash account for the [department] division and each

institution [of the division] in an amount not to exceed [$100] $500 for

each account. Reimbursement of the account must be made from

appropriated money paid out on claims as other claims against the state are

paid.

2. A change account for each institution for which a shop for the

sale of gifts and souvenirs has been established pursuant to NRS

381.003, in an amount not to exceed $1,500.

Sec. 17. NRS 381.004 is hereby amended to read as follows:

381.004 1. The division of museums and history is hereby created in

the department . [of museums, library and arts.]

2. The division consists of[:

(a) The] the office of the administrator[;

(b)] and a state system of museums consisting of the following

museums and historical societies, which are hereby established as

institutions of the division:

(a) The Nevada state museum;

[(c)] (b) The Lost City museum;

[(d)] (c) The Nevada museum and historical society;

[(e)] (d) The Nevada historical society;

[(f)] (e) The East Ely depot museum;

[(g)] (f) The Nevada state railroad museum in Carson City; and

[(h)] (g) The Nevada state railroad museum in Boulder City.

3. Each institution shall, in accordance with the duties assigned to it

by the administrator, collect, preserve and interpret the history,

prehistory and natural history of this state.

Sec. 18. NRS 381.0045 is hereby amended to read as follows:

381.0045 The board shall establish:

1. Categories of memberships in the institutions [of the division] and

the fees to be charged for the memberships.

2. Fees for admission to the institutions . [of the division.] Children

under the age of 18 years must be admitted free of charge.

3. Fees for train rides provided by an institution.

4. Policies and charges for the incidental use, rental and lease of the

buildings, equipment, fixtures and other property of the [department]

division and its institutions . [and other divisions.]

Sec. 19. NRS 381.006 is hereby amended to read as follows:

381.006 For the property and facilities of the division, the

administrator:

1. Is responsible to the director for the general administration of the

division and its institutions and for the submission of its budgets, which

must include the combined budgets of its institutions.

2. Shall supervise the museum directors of its institutions in matters

pertaining to the general administration of the institutions.

3. Shall coordinate the submission of requests by its institutions for

assistance from governmental sources.

4. Shall oversee the public relations of its institutions.

5. Shall superintend the planning and development of any new

facilities for the division or its institutions.

6. Shall assist the efforts of its institutions in improving their services

to the rural counties.

7. Shall supervise the facilities for storage which are jointly owned or

used by any of its institutions.

8. Shall trade, exchange and transfer exhibits and equipment when he

considers it proper and the transactions are not sales.

9. May contract with any person to provide concessions on the grounds

of the property and facilities of the division, provided that any contract

permitting control of real property of the division by a nongovernmental

entity must be executed as a lease pursuant to NRS 321.003, 322.050,

322.060 and 322.070.

10. Shall oversee the supervision, control, management and

operation of any buildings or properties in this state that are under the

control of the division.

11. Shall supervise the furnishing, remodeling, repairing, alteration

and erection of premises and buildings of the division or premises and

buildings that may be conveyed or made available to the division.

Sec. 20. NRS 381.0064 is hereby amended to read as follows:

381.0064 1. The fund for the support of the division of museums and

history of the department of [museums, library and arts] cultural affairs is

hereby created as a special revenue fund in the state treasury. The interest

and income earned on the money in the fund, in an amount not exceeding

$300,000 per year, after deducting any applicable charges, must be

credited to the fund. Any interest and income earned in excess of $300,000

per year must be credited to the state general fund.

2. The state treasurer shall, subject to the limitation in subsection 1,

pay to the administrator at the end of each quarter an amount equal to any

interest and income credited to the fund during that quarter. The

administrator may use the money to pay the expenses related to the

operations of the division.

3. The state board of examiners may, upon making a determination

that any portion of the principal of the money 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.

4. The administrator shall submit an itemized statement of the income

and expenditures of the division each year to the legislature, if it is in

session or, if the legislature is not in session, to the interim finance

committee.

Sec. 21. NRS 381.008 is hereby amended to read as follows:

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

a gift and with the approval of the board, the museum director [or curator]

of each institution [of the division] may sell duplicates, surplus and items

inappropriate to the collection of theinstitution. The proceeds of the sale

must be held in trust and may be expended only as approved by the board

for the purchase of photographs, memorabilia and other historical articles,

and collections related to history, prehistory or natural history to enrich the

[collection] collections of the [institution.] division.

Sec. 22. NRS 381.009 is hereby amended to read as follows:

381.009 1. Any property held by an institution [of the division] for

10 years or more, to which no person has made claim, shall be deemed to

be abandoned and becomes the property of the [institution] division if the

[institution] administrator complies with the provisions of subsection 2.

2. The [institution] administrator shall cause to be published in at least

one newspaper of general circulation in the county in which the institution

is located at least once a week for 2 consecutive weeks a notice and listing

of the property. The notice must contain:

(a) The name and last known address, if any, of the last known owner of

the property;

(b) A description of the property; and

the institution and if the owner’s right to receive the property is not

established to the [institution’s] administrator’s satisfaction within 60

days after the date of the second published notice, the property will be

considered abandoned and become the property of the [institution.]

division.

3. If no claim has been made to the property within 60 days after the

date of the second published notice, title, including literary rights, to the

property vests in the [institution,] division, free from all claims of the

owner and of all persons claiming through or under him.

Sec. 23. NRS 381.195 is hereby amended to read as follows:

381.195 As used in NRS 381.195 to 381.227, inclusive:

1. “Historic” means after the middle of the 18th century.

2. “Historic site” means a site, landmark or monument of historical

significance pertaining to the [white man’s] history of the settlement of

Nevada, or Indian campgrounds, shelters, petroglyphs, pictographs and

burials.

3. “Museum director” means the museum director of the Nevada

state museum.

4. “Prehistoric” means before the middle of the 18th century.

[4.] 5. “Prehistoric site” means any archeological or paleontological

site, ruin, deposit, fossilized footprints and other impressions, petroglyphs

and pictographs, habitation caves, rock shelters, natural caves or burial

ground.

Sec. 24. NRS 381.199 is hereby amended to read as follows:

381.199 1. An applicant is required to secure, from the museum

director, or an agent designated by the museum director, a permit for the

investigation, exploration or excavation of any state or federal lands within

the boundaries of the State of Nevada.

2. If the land to be investigated, explored or excavated is owned or

held by the United States, the applicant is also required to secure a permit

from the proper authorities in accordance with the provisions of 16 U.S.C.

§§ 431 to 433, inclusive.

Sec. 25. NRS 381.201 is hereby amended to read as follows:

381.201 The museum director may designate any state board, state

department, division of a state department or state institution as an agent

for the purpose of issuing permits. The agency so designated may adopt

regulations relating to investigations, explorations or excavations carried

out pursuant to any permit issued by that agency.

Sec. 26. NRS 381.203 is hereby amended to read as follows:

381.203 1. In order to qualify as the recipient of a permit, the

applicant must show:

(a) That the investigation, exploration or excavation is undertaken for

the benefit of a reputable museum, university, college or other recognized

scientific or educational institution, with a view of increasing knowledge.

(b) That the gathering is made for permanent preservation in public

museums or other recognized educational or scientific institutions.

training to make such an investigation, exploration or excavation.

(d) The location of the site where the applicant proposes to investigate,

explore or excavate.

2. The museum director may prescribe reasonable regulations for

carrying out such investigations, explorations or excavations.

Sec. 27. NRS 381.205 is hereby amended to read as follows:

381.205 Upon granting the permit, the museum director shall

immediately notify the office of historic preservation, the sheriff in the

county in which the permit is to be exercised, and personnel of the Nevada

highway patrol controlling the state roads of the district embracing the site

in which the permit is to be exercised.

Sec. 28. NRS 381.207 is hereby amended to read as follows:

381.207 1. The holder of a permit, except as otherwise provided in

subsections 2 and 3, who does work upon aboriginal mounds and

earthworks, ancient burial grounds, prehistoric sites, deposits of fossil

bones or other archeological and vertebrate paleontological features within

the state shall give to the state 50 percent of all articles, implements and

materials found or discovered, to be deposited with the Nevada state

museum, for exhibition or other use within the state as determined by the

museum director. The museum director may[, in his discretion,] accept

less than 50 percent of such items. Upon receipt of items pursuant to this

subsection , the museum director shall notify the office of historic

preservation.

2. The holder of a permit who does any such work within the state

under the authority and direction of the Nevada historical society, the

Nevada museum and historical society, or an institution or political

subdivision of the state shall give 50 percent of all articles, implements

and materials found or discovered to the society, institution or political

subdivision. The holder of the permit may retain the other 50 percent.

3. If the Nevada historical society, the Nevada museum and historical

society, or an institution or political subdivision of the state is the holder

of the permit, it may retain all articles, implements and materials found or

discovered.

4. Whenever the office of historic preservation acquires articles,

implements and materials under the provisions of this section, they must

be transferred to the museum director for exhibition or other use within

the state as determined by the museum director.

Sec. 29. NRS 381.209 is hereby amended to read as follows:

381.209 The museum director may limit a permit as to time and

location. A permit [shall] may not be granted:

1. For a period of more than 1 year.

2. For investigation, exploration or excavation in a larger area than the

applicant can reasonably be expected to explore fully and systematically

within the time limit set in the permit.

3. For the removal of any ancient monument, structure or site which

can be permanently preserved under the control of the State of Nevada in

situ, and remain an object of interest, if desired by the state, for a park,

landmark or monument for the benefit of the public.

Sec. 30. NRS 381.215 is hereby amended to read as follows:

381.215 After the close of each season’s work, within a reasonable

time designated in the permit, every permit holder shall furnish to the

museum director a report containing a detailed account of the work done,

material collected and other pertinent data.

Sec. 31. NRS 381.223 is hereby amended to read as follows:

381.223 Any object of antiquity taken, or collection made, on historic

or prehistoric sites covered by NRS 381.195 to 381.227, inclusive, without

a permit must be seized by the proper law enforcement officers, who shall

notify the museum director of the action. The object or collection so taken

must be forfeited to the state for exhibition or other use within the state as

determined by the museum director. Upon receipt of any forfeited item

pursuant to this section the museum director shall notify the office of

historic preservation.

Sec. 32. NRS 383.011 is hereby amended to read as follows:

383.011 As used in this chapter, unless the context otherwise requires:

1. “Administrator” means the administrator of the office.

2. “Advisory board” means the board of museums and history.

3. “Director” means the director of the department of [museums,

library and arts.] cultural affairs.

4. “Office” means the office of historic preservation of the department

of [museums, library and arts.] cultural affairs.

Sec. 33. NRS 384.050 is hereby amended to read as follows:

384.050 1. The governor shall appoint to the commission:

(a) One member who is a county commissioner of Storey County.

(b) One member who is a county commissioner of Lyon County.

of historic preservation of the department of [museums, library and arts.]

cultural affairs.

(d) Two members who are persons licensed to practice architecture in

this state.

(e) Four members who are persons interested in the protection and

preservation of structures, sites and areas of historic interest and are

residents of the district.

2. The commission shall elect one of its members as chairman and

another as vice chairman, who shall serve for a term of 1 year or until their

successors are elected and qualified.

3. Each member of the commission is entitled to receive a salary of not

more than $80, as fixed by the commission, for each day’s attendance at a

meeting of the commission.

4. 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.

Sec. 34. NRS 233C.080 is hereby amended to read as follows:

233C.080 1. The director of the council must be selected by the

director of the department of [museums, library and arts] cultural affairs

with special reference to his training, experience, capacity and interest in

the arts from a list of three candidates submitted by the council.

2. The director of the council must have a degree in the arts or a

related field or in public administration with course work and experience

in at least one of the arts.

Sec. 35. NRS 233C.200 is hereby amended to read as follows:

233C.200 1. The commission for cultural affairs is hereby created.

The commission is advisory to the department of [museums, library and

arts] cultural affairs 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 state arts council or a member of the council

designated by him;

the board 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.

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

or receive reimbursement for per diem or travel expenses.

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 administrative

services required by the commission.

Sec. 36. NRS 235.012 is hereby amended to read as follows:

235.012 1. The director, after consulting with the executive director

of the commission on tourism, the administrator of the division of

museums and history of the department of [museums, library and arts]

cultural affairs and the administrator of the division of minerals of the

commission on mineral resources, may contract with a mint to produce

medallions made of gold, silver, platinum or nonprecious metals and bars

made of gold, silver or platinum.

2. The decision of the director to award a contract to a particular mint

must be based on the ability of the mint to:

(a) Provide a product of the highest quality;

(b) Advertise and market the product properly, including the promotion

of museums and tourism in this state; and

3. The director shall award the contract to the lowest responsible

bidder, except that if in his judgment no satisfactory bid has been received,

he may reject all bids.

4. All bids for the contract must be solicited in the manner prescribed

in NRS 333.310 and comply with the provisions of NRS 333.330.

Sec. 37. NRS 235.014 is hereby amended to read as follows:

235.014 1. The ore used to produce a medallion or bar must be

mined in Nevada, if the ore is available. If it is not available, ore newly

mined in the United States may be used. Each medallion or bar made of

gold, silver or platinum must be 0.999 fine. Additional series of

medallions made of gold, silver or platinum at degrees of fineness of 0.900

or greater may be approved by the director with the concurrence of the

interim finance committee. The degree of fineness of the materials used

must be clearly indicated on each medallion.

2. Medallions may be minted in weights of 1 ounce, 0.5 ounce, 0.25

ounce and 0.1 ounce.

3. Bars may be minted in weights of 1 ounce, 5 ounces, 10 ounces and

100 ounces.

4. Each medallion must bear on its obverse The Great Seal of the State

of Nevada and on its reverse a design selected by the director, in

consultation with the executive director of the commission on tourism, the

administrator of the division of museums and history of the department of

[museums, library and arts] cultural affairs and the administrator of the

division of minerals of the commission on mineral resources.

Sec. 38. NRS 239.005 is hereby amended to read as follows:

239.005 As used in this chapter, unless the context otherwise requires:

1. “Actual cost” means the direct cost related to the reproduction of a

public record. The term does not include a cost that a governmental entity

incurs regardless of whether or not a person requests a copy of a particular

public record.

2. “Committee” means the committee to approve schedules for the

retention and disposition of official state records.

3. “Division” means the division of state library and archives of the

department of [museums, library and arts.] cultural affairs.

4. “Governmental entity” means:

(a) An elected or appointed officer of this state or of a political

subdivision of this state;

(b) An institution, board, commission, bureau, council, department,

division, authority or other unit of government of this state or of a political

subdivision of this state;

(d) An educational foundation, as defined in NRS 388.750, to the extent

that the foundation is dedicated to the assistance of public schools.

Sec. 39. NRS 244A.689 is hereby amended to read as follows:

244A.689 “Project” means:

1. Any land, building or other improvement and all real and personal

properties necessary in connection therewith, whether or not in existence,

suitable for:

(a) A manufacturing, industrial or warehousing enterprise;

(b) An organization for research and development;

(d) A supplemental facility for a health and care facility;

(e) The purposes of a corporation for public benefit; or

(f) Affordable housing.

2. The refinancing of any land, building or other improvement and any

real and personal property necessary for:

(a) A health and care facility;

(b) A supplemental facility for a health and care facility;

(d) Affordable housing.

3. Any land, building, structure, facility, system, fixture, improvement,

appurtenance, machinery, equipment, or any combination thereof or any

interest therein, used by any natural person, partnership, firm, company,

corporation , [(]including a public utility , [),] association, trust, estate,

political subdivision, state agency or any other legal entity, or its legal

representative, agent or assigns:

(a) For the reduction, abatement or prevention of pollution or for the

removal or treatment of any substance in a processed material which

otherwise would cause pollution when such material is used.

(b) In connection with the furnishing of water if available on reasonable

demand to members of the general public.

4. Any real or personal property appropriate for addition to a hotel,

motel, apartment building, casino or office building to protect it or its

occupants from fire.

5. Any undertaking by a public utility, in addition to that allowed by

subsections 2 and 3, which is solely for the purpose of making capital

improvements to property, whether or not in existence, of a public utility.

6. In addition to the kinds of property described in subsections 2 and 3,

if the project is for the generation and transmission of electricity, any other

property necessary or useful for that purpose, including, without

limitation, any leases and any rights to take water or fuel.

7. The preservation of any historic structure or its restoration for its

original or another use, if the plan has been approved by the office of

historic preservation of the department of [museums, library and arts.]

cultural affairs.

Sec. 40. NRS 277.058 is hereby amended to read as follows:

277.058 1. A public entity, in consultation with any Indian tribe that

has local aboriginal ties to the geographical area in which a unique

archeological or historical site is located and in cooperation with the office

of historic preservation of the department of [museums, library and arts,]

cultural affairs, may enter into a cooperative agreement with the owner of

any property that contains a unique archeological or historical site in this

state or with any other person, agency of the Federal Government or other

public entity for the preservation, protection, restoration and enhancement

of unique archeological or historical sites in this state, including, without

limitation, cooperative agreements to:

(a) Monitor compliance with and enforce any federal or state statutes or

regulations for the protection of such sites.

(b) Ensure the sensitive treatment of such sites in a manner that

provides for their long-term preservation and the consideration of the

values of relevant cultures.

protection, restoration and enhancement of such sites.

(d) Create and enforce:

(1) Legal restrictions on the use of real property; and

(2) Easements for conservation, as defined in NRS 111.410,

for the protection of such sites.

2. As used in this section, “public entity” means any:

(a) Agency of this state, including the office of historic preservation[;]

of the department of cultural affairs; and

(b) County, city or town in this state.

Sec. 41. NRS 321.5967 is hereby amended to read as follows:

321.5967 1. There is hereby created a board of review composed of:

(a) The director of the state department of conservation and natural

resources;

(b) The administrator of the division of environmental protection of the

state department of conservation and natural resources;

mineral resources;

(d) The administrator of the division of state parks of the state

department of conservation and natural resources;

(e) The state engineer;

(f) The state forester firewarden;

(g) The chairman of the state environmental commission;

(h) The director of the state department of agriculture;

(i) The chairman of the board of wildlife commissioners; and

(j) The administrator of the office of historic preservation of the

department of [museums, library and arts.] cultural affairs.

2. The chairman of the state environmental commission serves as

chairman of the board.

3. The board shall meet at such times and places as are specified by a

call of the chairman. Six members of the board constitute a quorum. The

affirmative vote of a majority of the board members present is sufficient

for any action of the board.

4. Except as otherwise provided in this subsection, the members of the

board serve without compensation. The chairman of the state

environmental commission and the chairman of the board of wildlife

commissioners are entitled to receive a salary of not more than $80, as

fixed by the board, for each day’s attendance at a meeting of the board.

5. While engaged in the business of the board, each member and

employee of the board is entitled to receive the per diem allowance and

travel expenses provided for state officers and employees generally.

6. The board:

(a) Shall review and approve or disapprove all regulations proposed by

the state land registrar pursuant to NRS 321.597.

(b) May review any decision of the state land registrar made pursuant to

NRS 321.596 to 321.599, inclusive, if an appeal is taken pursuant to NRS

321.5987, and affirm, modify or reverse the decision.

lands in Nevada under federal management which is submitted by the state

land use planning agency.

Sec. 42. NRS 331.130 is hereby amended to read as follows:

331.130 1. At all times the maintenance of the Capitol Building is

under the supervision of the chief, and it must be kept clean, orderly and

presentable as befitting public property.

2. The former assembly, senate and supreme court chambers on the

second floor of the Capitol Building are under the management of the

museum director of the Nevada state museum for the purpose of

establishing and maintaining a government museum. The remainder of the

second floor of the Capitol Building is under the management of the chief.

Sec. 43. NRS 331.133 is hereby amended to read as follows:

331.133 The museum director of the Nevada state museum shall:

1. Prepare and present exhibits in the government museum.

2. Conduct, in an appropriate manner, tours of the government

museum.

3. In cooperation with other state agencies and departments, provide

for the security of the government museum.

Sec. 44. NRS 349.510 is hereby amended to read as follows:

349.510 “Project” means:

1. Any land, building or other improvement and all real and personal

properties necessary in connection therewith, excluding inventories, raw

materials and working capital, whether or not in existence, suitable for new

construction, improvement, rehabilitation or redevelopment for:

(a) Industrial uses, including assembling, fabricating, manufacturing,

processing or warehousing;

(b) Research and development relating to commerce or industry,

including professional, administrative and scientific offices and

laboratories;

(d) Civic and cultural enterprises open to the general public, including

theaters, museums and exhibitions, together with buildings and other

structures, machinery, equipment, facilities and appurtenances thereto

which the director deems useful or desirable in connection with the

conduct of any such enterprise;

(e) An educational institution operated by a nonprofit organization not

otherwise directly funded by the state which is accredited by a nationally

recognized educational accrediting association;

(f) Health and care facilities and supplemental facilities for health and

care; or

(g) The purposes of a corporation for public benefit.

2. Any real or personal property appropriate for addition to a hotel,

motel, apartment building, casino or office building to protect it or its

occupants from fire.

3. The preservation of a historic structure or its restoration for its

original or another use, if the plan has been approved by the office of

historic preservation of the department of [museums, library and arts.]

cultural affairs.

Sec. 45. NRS 350.575 is hereby amended to read as follows:

350.575 1. Upon the adoption of a resolution to finance the

preservation or restoration of a historic structure, in the manner provided

in NRS 350.087, by a municipality, a certified copy thereof must be

forwarded to the executive director of the department of taxation,

accompanied by a letter from the office of historic preservation of the

department of [museums, library and arts] cultural affairs certifying that

the preservation or restoration conforms to accepted standards for such

work. As soon as is practicable, the executive director of the department of

taxation shall, after consideration of the tax structure of the municipality

concerned and the probable ability of the municipality to repay the

requested financing, approve or disapprove the resolution in writing to the

governing board. No such resolution is effective until approved by the

executive director of the department of taxation. The written approval of

the executive director of the department of taxation must be recorded in

the minutes of the governing board.

2. If the executive director of the department of taxation does not

approve the financing resolution, the governing board of the municipality

may appeal the executive director’s decision to the Nevada tax

commission.

3. As used in this section, “historic structure” means a building,

facility or other structure which is eligible for listing in the state register of

historic places under NRS 383.085.

Sec. 46. NRS 361A.050 is hereby amended to read as follows:

361A.050 “Open-space use” means the current employment of land,

the preservation of which use would conserve and enhance natural or

scenic resources, protect streams and water supplies, maintain natural

features which enhance control of floods or preserve sites designated as

historic by the office of historic preservation of the department of

[museums, library and arts.] cultural affairs.

Sec. 47. NRS 376A.010 is hereby amended to read as follows:

376A.010 As used in this chapter, unless the context otherwise

requires:

1. “Open-space land” means land that is undeveloped natural

landscape, including, but not limited to, ridges, stream corridors, natural

shoreline, scenic areas, viewsheds, agricultural or other land devoted

exclusively to open-space use and easements devoted to open-space use

that are owned, controlled or leased by public or nonprofit agencies.

2. “Open-space plan” means the plan adopted by the board of county

commissioners of a county to provide for the acquisition, development and

use of open-space land.

3. “Open-space use” includes:

(a) The preservation of land to conserve and enhance natural or scenic

resources;

(b) The protection of streams and stream environment zones,

watersheds, viewsheds, natural vegetation and wildlife habitat areas;

floods, other than dams;

(d) The preservation of natural resources and sites that are designated as

historic by the office of historic preservation of the department of

[museums, library and arts;] cultural affairs; and

(e) The development of recreational sites.

Sec. 48. NRS 412.052 is hereby amended to read as follows:

412.052 The adjutant general:

1. Shall supervise the preparation and submission of all returns and

reports pertaining to the militia of the state required by the United States.

2. Is the channel of official military correspondence with the governor,

and, on or before November 1 of each even-numbered year, shall report to

the governor the transactions, expenditures and condition of the Nevada

National Guard. The report must include the report of the United States

Property and Fiscal Officer.

3. Is the custodian of records of officers and enlisted personnel and all

other records and papers required by law or regulations to be filed in his

office. He may deposit with the division of state library and archives of the

department of [museums, library and arts] cultural affairs for safekeeping

records of his office that are used for historical purposes rather than the

administrative purposes assigned to his office by law.

4. Shall attest all military commissions issued and keep a roll of all

commissioned officers, with dates of commission and all changes

occurring in the commissioned forces.

5. Shall record, authenticate and communicate to units and members of

the militia all orders, instructions and regulations.

6. Shall cause to be procured, printed and circulated to those

concerned all books, blank forms, laws, regulations or other publications

governing the militia necessary to the proper administration, operation and

training of it or to carry out the provisions of this chapter.

7. Shall keep an appropriate seal of office and affix its impression to

all certificates of record issued from his office.

8. Shall render such professional aid and assistance and perform such

military duties, not otherwise assigned, as may be ordered by the

governor.

Sec. 49. NRS 381.007, 381.010, 381.015, 381.020, 381.090, 381.120,

381.140, 381.150, 381.160, 381.170, 381.190, 381.265, 381.270, 381.275,

381.285, 381.315, 381.325, 381.335, 381.345, 381.355, 381.365, 381.375,

381.405, 381.415, 381.425, 381.435, 381.445, 381A.010, 381A.020,

381A.030, 381A.040, 381A.050, 381A.080, 381A.090, 381A.100,

382.005, 382.010, 382.011, 382.0135, 382.014, 382.022, 382.026,

382.030, 382.040 and 382.060 are hereby repealed.

Sec. 50. The regulations of the director of the department of

museums, library and arts adopted before the effective date of this act

pursuant to NRS 381A.030 shall be deemed to have been adopted by the

administrator of the division of museums and history of the department of

cultural affairs and remain in force until amended or repealed by the

administrator.

Sec. 51. This act becomes effective upon passage and approval.

Sec. 52. The legislative counsel shall:

1. In preparing the reprint and supplements to the Nevada Revised

Statutes, appropriately correct any obsolete or incorrect reference to the

department of museums, library and arts.

2. In preparing supplements to the Nevada Administrative Code,

appropriately correct any obsolete or incorrect reference to the department

of museums, library and arts.

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