AB224

Assembly Bill No. 224–Committee on Government Affairs

(On Behalf of Department of Cultural Affairs)

March 3, 2003

____________

Referred to Committee on Government Affairs

SUMMARY—Revises provisions relating to Nevada Arts Council. (BDR 18‑531)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: Yes.

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 Cultural Affairs; revising provisions relating to the duties, governance and structure of the Nevada Arts Council; 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. Chapter 233C of NRS is hereby amended by adding

1-2 thereto the provisions set forth as sections 2 to 8, inclusive, of this

1-3 act.

1-4 Sec. 2. “Administrator” means the Administrator of the

1-5 Division.

1-6 Sec. 3. “Board” means the Board of the Division created

1-7 pursuant to NRS 233C.030.

1-8 Sec. 4. “Commission” means the Commission for Cultural

1-9 Affairs created pursuant to NRS 233C.200.

1-10 Sec. 5. “Department” means the Department of Cultural

1-11 Affairs.

1-12 Sec. 6. “Division” means the Nevada Arts Council.

1-13 Sec. 7. 1. The Nevada Arts Council is hereby created as a

1-14 Division of the Department.

2-1 2. The Division is the sole and official agency of this state to

2-2 receive and disburse any money made available to this state by the

2-3 National Endowment for the Arts pursuant to 20 U.S.C. § 954.

2-4 3. The Division:

2-5 (a) Shall cooperate with the State Public Works Board and the

2-6 Buildings and Grounds Division of the Department of

2-7 Administration to plan the potential purchase and placement of

2-8 works of art inside or on the grounds surrounding a state building.

2-9 (b) May request and must receive from any department,

2-10 division, board, bureau, commission or agency of this state such

2-11 assistance and data, as feasible and available, as will enable the

2-12 Division to properly carry out the purposes of this chapter.

2-13 Sec. 8. 1. The Administrator is appointed by the Director

2-14 with special reference to the Administrator’s training, experience,

2-15 capacity and interest in the arts.

2-16 2. The Administrator must have:

2-17 (a) A degree in the arts, a field related to the arts or public

2-18 administration; and

2-19 (b) Completed course work and accumulated experience in at

2-20 least one of the arts with at least 5 years of progressively

2-21 responsible work experience in the administration of arts and

2-22 cultural programming, at least 2 years of which must have been in

2-23 a supervisory capacity.

2-24 3. The Administrator may employ, within the limits of

2-25 legislative appropriations, such staff as is necessary to the

2-26 performance of his duties.

2-27 4. The Administrator is responsible to the Director for the

2-28 general administration of the Division and for the submission of

2-29 its budgets, subject to administrative supervision by the Director.

2-30 5. The Administrator shall direct the work of the Division,

2-31 administer the Division and perform such other duties as the

2-32 Director may, from time to time, prescribe.

2-33 6. To carry out the provisions of this chapter and within the

2-34 limit of money available to him, the Administrator may enter into

2-35 contracts and other lawful agreements with:

2-36 (a) Natural persons, organizations and institutions for services

2-37 furthering the mission and goals of the Division and the Board;

2-38 and

2-39 (b) Local, regional and national associations for cooperative

2-40 endeavors furthering the mission and goals of the programs of the

2-41 Division.

2-42 7. The Administrator may accept gifts, contributions and

2-43 bequests of unrestricted money from natural persons, foundations,

2-44 corporations and other organizations and institutions to further

2-45 the mission and goals of the programs of the Division.

3-1 8. As used in this section, “Director” means the Director of

3-2 the Department.

3-3 Sec. 9. NRS 233C.010 is hereby amended to read as follows:

3-4 233C.010 As used in this chapter, unless the context otherwise

3-5 requires, [“Council” means the State Arts Council.] the words and

3-6 terms defined in sections 2 to 6, inclusive, of this act have the

3-7 meanings ascribed to them in those sections.

3-8 Sec. 10. NRS 233C.020 is hereby amended to read as follows:

3-9 233C.020 The Legislature hereby determines and declares that:

3-10 1. The giving of further recognition to the arts as a vital aspect

3-11 of our culture and heritage is an essential means of expanding the

3-12 educational programs and promoting the general welfare of the

3-13 people of the State of Nevada.

3-14 2. [With increasing leisure time, the practice and] The practice,

3-15 enjoyment and impact of the arts are of [growing importance.

3-16 3. Many citizens of the] increasing importance to the

3-17 economic vitality of communities in this state.

3-18 3. Residents of this state desire increased opportunity to view,

3-19 enjoy or participate in the performing literary, visual and [fine] folk

3-20 arts.

3-21 4. To this end, it is the policy of the State of Nevada to join

3-22 with institutions and professional organizations concerned with the

3-23 arts to insure that the role of the arts in the life of the communities

3-24 of the State will continue to grow and play an ever increasing part in

3-25 the cultural development and educational experience of the

3-26 [citizens] residents of the State of Nevada.

3-27 Sec. 11. NRS 233C.030 is hereby amended to read as follows:

3-28 233C.030 The [State Arts Council,] Board of the Division,

3-29 consisting of nine members appointed by the Governor, is hereby

3-30 created.

3-31 Sec. 12. NRS 233C.040 is hereby amended to read as follows:

3-32 233C.040 1. The Governor shall appoint the members of the

3-33 [Council] Board from among [citizens of Nevada] residents of this

3-34 state who are known for their knowledge of and experience in the

3-35 performing literary, visual and [fine] folk arts.

3-36 2. After the initial terms, [members shall serve terms of] the

3-37 term of each member is 4 years, except when appointed to fill

3-38 unexpired terms.

3-39 3. A member may be removed by the Governor for three

3-40 unexcused absences from [Council meetings.] meetings of the

3-41 Board.

3-42 Sec. 13. NRS 233C.050 is hereby amended to read as follows:

3-43 233C.050 1. Each member of the [Council] Board is entitled

3-44 to receive a salary of not more than $80, as fixed by the [Council,]

4-1 Board, for each day or portion thereof during which he is in

4-2 attendance at a regularly called meeting of the [Council.

4-3 2. While engaged] Board.

4-4 2. If provided for in the [business] budget of the [Council,]

4-5 Division, each member and employee of the [Council] Board, while

4-6 engaged in the business of the Board, is entitled to receive the per

4-7 diem allowance and travel expenses provided for state officers and

4-8 employees generally.

4-9 Sec. 14. NRS 233C.060 is hereby amended to read as follows:

4-10 233C.060 1. [Meetings] Except as otherwise provided in this

4-11 subsection, meetings of the [Council] Board may be held [annually

4-12 or] twice in each calendar year. If provided for in the budget of the

4-13 Division, meetings of the Board may be held more frequently than

4-14 twice in each calendar year at the discretion of the Chairman of the

4-15 [Council.] Board.

4-16 2. A majority of the members of the [Council] Board

4-17 constitutes a quorum for the transaction of business.

4-18 3. Each member of the [Council] Board has one vote to further

4-19 the objectives of the [Council.] Board.

4-20 Sec. 15. NRS 233C.070 is hereby amended to read as follows:

4-21 233C.070 1. The [Council] Board shall elect from

4-22 its membership a Chairman, a Vice Chairman and a

4-23 [Secretary-Treasurer.

4-24 2. All Council officers shall serve for a term of] Treasurer to

4-25 serve as officers of the Board.

4-26 2. The Administrator shall act as the nonvoting recording

4-27 Secretary of the Board.

4-28 3. The term of each officer of the Board, other than the

4-29 Administrator, is 2 years and any vacancies that occur in those

4-30 [positions shall] offices must be filled by election by the members

4-31 of the [Council] Board for the remainder of the unexpired term.

4-32 4. No member of the Board may serve more than two

4-33 consecutive terms as an officer of the Board.

4-34 Sec. 16. NRS 233C.090 is hereby amended to read as follows:

4-35 233C.090 1. The [Council shall stimulate] Board shall:

4-36 (a) Stimulate throughout the State the presentation of the

4-37 performing literary, visual and [fine] folk arts and encourage artistic

4-38 expression essential for the well-being of the arts, and [shall] make,

4-39 before September 1 of each even-numbered year, a report covering

4-40 the biennium ending June 30 of that year to the Governor and the

4-41 Legislature on its progress in this regard.

4-42 [2. The Council may:

4-43 (a) Hold public and private hearings;

4-44 (b) Enter into contracts, within the limit of money available

4-45 therefor, with:

5-1 (1) Natural persons, organizations and institutions for

5-2 services furthering the educational objectives of the Council; and

5-3 (2) Local and regional associations for cooperative endeavors

5-4 furthering the educational objectives of the Council’s programs;

5-5 (c) Accept gifts, contributions and bequests of unrestricted

5-6 money from natural persons, foundations, corporations and other

5-7 organizations and institutions to further the educational objectives of

5-8 the Council’s programs;

5-9 (d) Make any agreement appropriate to carry out the purposes of

5-10 this chapter; and

5-11 (e) Perform any acts necessary to carry out NRS 233C.096.

5-12 3. The Council is the sole and official agency of this state to

5-13 receive and disburse any money made available to the State by the

5-14 National Endowment for the Arts pursuant to 20 U.S.C. § 954.

5-15 4. The Council may request and must receive from any

5-16 department, division, board, bureau, commission or agency of the

5-17 State such assistance and data, as feasible and available, as will

5-18 enable the Council properly to carry out the purposes of this chapter.

5-19 5. The Council shall cooperate with the State Public Works

5-20 Board and the Buildings and Grounds Division of the Department of

5-21 Administration to plan the potential purchase and placement of

5-22 works of art inside or on the grounds surrounding a state building.]

5-23 (b) Serve as an advocate of the arts and promote such policies

5-24 and viewpoints as in the opinion of the Board would benefit the

5-25 arts throughout this state.

5-26 (c) Work with organizations that are concerned with the arts

5-27 and whose activities are statewide in scope to develop and provide

5-28 to the Division recommendations for:

5-29 (1) Strategic plans;

5-30 (2) The mission of and goals for the Division; and

5-31 (3) Cultural policies and priorities for the State of Nevada.

5-32 (d) Hold public hearings to receive public comment and to

5-33 discuss issues relevant to the carrying out of the powers and duties

5-34 of the Board.

5-35 (e) Assist the Division in the performance of acts necessary to

5-36 carry out the provisions of NRS 233C.096.

5-37 (f) In connection with the functions of the Division, approve

5-38 grant applications and grant allocations within the limits of

5-39 legislative appropriations.

5-40 (g) In all other matters pertaining to the Division, serve in an

5-41 advisory capacity to the Department and to the Division.

5-42 2. The Chairman of the Board shall serve as, or shall appoint

5-43 another member of the Board to serve as, a member of the

5-44 Commission, as required pursuant to paragraph (b) of subsection

5-45 1 of NRS 233C.200.

6-1 3. The Board may adopt such regulations as it deems

6-2 necessary to carry out its powers and duties.

6-3 Sec. 17. NRS 233C.092 is hereby amended to read as follows:

6-4 233C.092 The [Council] Division shall periodically cause an

6-5 examination to be made of the physical condition of the works of art

6-6 acquired for inclusion in public works to determine which works of

6-7 art need repair, restoration or replacement and shall report this

6-8 information to the Legislature.

6-9 Sec. 18. NRS 233C.094 is hereby amended to read as follows:

6-10 233C.094 1. The Account for License Plates for the Support

6-11 of the Education of Children in the Arts is hereby created in the

6-12 State General Fund. The [Director of the Council] Division shall

6-13 administer the Account.

6-14 2. The money in the Account does not lapse to the State

6-15 General Fund at the end of any fiscal year.

6-16 3. The money in the Account must be used only for the support

6-17 of programs for the education of children in the arts and must not be

6-18 used to replace or supplant funding available from other sources.

6-19 Sec. 19. NRS 233C.095 is hereby amended to read as follows:

6-20 233C.095 1. The Nevada Cultural Fund is hereby created as a

6-21 special revenue fund. The purposes of the Fund are to:

6-22 (a) Ensure a stable and healthy cultural climate in this state;

6-23 (b) Advance and promote a meaningful role of the arts and

6-24 humanities in the lives of individual persons, families and

6-25 communities throughout this state; and

6-26 (c) Stimulate the provision of additional funding from private

6-27 sources to carry out the provisions of paragraphs (a) and (b).

6-28 The money in the Fund must be used to augment and must not be

6-29 used to replace or supplant any legislative appropriations to the

6-30 [Council.] Division.

6-31 2. Except as otherwise provided in subsection 4, the Fund is a

6-32 continuing fund without reversion. The money in the Fund must be

6-33 invested as the money in other state funds is invested. The interest

6-34 and income earned on the money in the Fund, after deducting any

6-35 applicable charges, must be credited to the Fund. Claims against the

6-36 Fund must be paid as other claims against the State are paid.

6-37 3. The [Council] Division may accept gifts, grants and

6-38 donations from any source for deposit in the Fund.

6-39 4. The State Board of Examiners may, upon making a

6-40 determination that any portion of any amount appropriated by the

6-41 Legislature for deposit in the Fund is necessary to meet existing or

6-42 future obligations of the State, recommend to the Interim Finance

6-43 Committee that the amount so needed be transferred from the Fund

6-44 to the State General Fund. Upon approval of the Interim Finance

6-45 Committee, the money may be so transferred.

7-1 Sec. 20. NRS 233C.096 is hereby amended to read as follows:

7-2 233C.096 The [Council] Division shall administer the Nevada

7-3 Cultural Fund and may expend only the amount of any gifts, grants,

7-4 donations, interest and income credited to the Fund to:

7-5 1. Provide resources for developing the artistic, administrative

7-6 and financial stability of cultural organizations that serve and enrich

7-7 communities throughout this state regarding the arts and humanities;

7-8 2. Support programs and projects that provide residents of and

7-9 visitors to this state with access to a broad range of activities

7-10 regarding the arts and humanities;

7-11 3. Encourage cultural organizations to reduce their deficits, to

7-12 establish cash reserves and endowments and to engage in capital

7-13 projects that will aid in their stabilization; and

7-14 4. Support initiatives and organizations that encourage access

7-15 to, the awareness of and education in the arts.

7-16 Sec. 21. NRS 233C.097 is hereby amended to read as follows:

7-17 233C.097 The [Council] Division shall:

7-18 1. Adopt regulations establishing criteria and standards for the

7-19 eligibility for and use of any funding to be provided by the

7-20 [Council] Division pursuant to NRS 233C.096.

7-21 2. Report to each regular session of the Legislature:

7-22 (a) The amount of money expended from the Nevada Cultural

7-23 Fund;

7-24 (b) The specific purposes for which the money was expended;

7-25 and

7-26 (c) The sources from which the money was obtained.

7-27 Sec. 22. NRS 233C.200 is hereby amended to read as follows:

7-28 233C.200 1. The Commission for Cultural Affairs is hereby

7-29 created. The Commission is advisory to the Department [of Cultural

7-30 Affairs] and consists of:

7-31 (a) The Chairman of the Nevada Humanities Committee or a

7-32 member of the Committee designated by him;

7-33 (b) The Chairman of the [State Arts Council] Board or a

7-34 member of the [Council] Board designated by him;

7-35 (c) The Chairman of the Board of Museums and History or

7-36 a member of the Board designated by him;

7-37 (d) A member of the Board of Museums and History, to be

7-38 appointed by the Governor;

7-39 (e) One representative of the general public who has a working

7-40 knowledge of the promotion of tourism in Nevada, to be appointed

7-41 by the Governor; and

7-42 (f) The Chairman of the State Council on Libraries and Literacy

7-43 or a member of the Council designated by him.

7-44 2. The Commission shall:

8-1 (a) Elect from its membership a Chairman who shall serve for a

8-2 term of 2 years. A vacancy occurring in this position must be filled

8-3 by election of the members of the Commission for the remainder of

8-4 the unexpired term.

8-5 (b) Prescribe rules for its own management and government.

8-6 (c) Meet biannually, or at more frequent times if it deems

8-7 necessary, and may, within the limitations of its budget, hold special

8-8 meetings at the call of its Chairman.

8-9 3. Three members of the Commission constitute a quorum, but

8-10 a majority of the members of the Commission is necessary to

8-11 consider the particular business before it and to exercise the power

8-12 conferred on the Commission.

8-13 4. The members of the Commission are not entitled to be paid

8-14 a salary or receive reimbursement for per diem or travel expenses.

8-15 5. The Commission may use the money derived from interest

8-16 earned on the money in the Fund for the Preservation and Promotion

8-17 of Cultural Resources created pursuant to NRS 233C.230 to pay for

8-18 administrative services required by the Commission.

8-19 Sec. 23. NRS 233C.210 is hereby amended to read as follows:

8-20 233C.210 1. The Commission [for Cultural Affairs] shall

8-21 establish within 1 year after its formation, and revise every 2 years

8-22 thereafter, a 10‑year plan to:

8-23 (a) Preserve and promote Nevada’s cultural resources; and

8-24 (b) Develop a network of cultural centers and activities in this

8-25 state.

8-26 2. The plan must include:

8-27 (a) A description of the means by which a statewide network of

8-28 cultural centers and activities is to be developed;

8-29 (b) A program for awarding financial assistance to pay the

8-30 actual expenses of preserving or protecting historical buildings to be

8-31 used to develop a network of cultural centers and activities; and

8-32 (c) A detailed list of the initial projects to be undertaken.

8-33 3. The plan must be submitted to:

8-34 (a) The Governor;

8-35 (b) The Legislative Commission; and

8-36 (c) The State Board of Examiners.

8-37 Sec. 24. NRS 233C.220 is hereby amended to read as follows:

8-38 233C.220 The Commission [for Cultural Affairs] may, in

8-39 establishing the program for awarding financial assistance:

8-40 1. Award financial assistance to governmental entities and

8-41 nonprofit corporations formed for educational or charitable

8-42 purposes, including, without limitation, the preservation or

8-43 promotion of cultural resources.

8-44 2. Establish the conditions an applicant must satisfy to receive

8-45 an award of financial assistance. Financial assistance may only be

9-1 awarded for the actual expenses of preserving or protecting

9-2 historical buildings to be used to develop a network of cultural

9-3 centers and activities.

9-4 3. Specify the criteria by which proposed projects will be

9-5 judged. The criteria must include, but not be limited to, a

9-6 consideration of the degree to which a proposed project:

9-7 (a) May become a recurring event without the necessity of

9-8 future state financial support;

9-9 (b) Will be accessible to the community;

9-10 (c) Will promote tourism in the State;

9-11 (d) Will promote or preserve some historic or prehistoric feature

9-12 of Nevada;

9-13 (e) Will have multiple uses for many types of cultural

9-14 organizations;

9-15 (f) Will supplement training in the classroom in the arts and the

9-16 humanities; and

9-17 (g) Incorporates the various disciplines directly associated with

9-18 cultural resources.

9-19 4. Give priority to projects of statewide historical, prehistorical

9-20 or cultural significance which demonstrate an ability to raise and

9-21 sustain required amounts of financial support from sources other

9-22 than the State of Nevada, including donations of goods and services.

9-23 The ability of a project to raise and sustain support must be weighed

9-24 against the relative means and abilities of the applicants.

9-25 Sec. 25. NRS 233C.225 is hereby amended to read as follows:

9-26 233C.225 1. The Commission [for Cultural Affairs] shall

9-27 determine annually the total amount of financial assistance it will

9-28 grant from the proceeds of bonds issued pursuant to this section in

9-29 that calendar year pursuant to NRS 233C.200 to 233C.230,

9-30 inclusive. The Commission shall notify the State Board of

9-31 Examiners and the State Board of Finance of that amount. In no case

9-32 may the amount to be granted from the proceeds of such bonds

9-33 exceed $2,000,000 per year.

9-34 2. After receiving the notice given pursuant to subsection 1, the

9-35 State Board of Finance shall issue general obligation bonds of the

9-36 State of Nevada in the amount necessary to generate the amount to

9-37 be granted by the Commission from the proceeds of bonds issued

9-38 pursuant to this section and to pay the expenses related to the

9-39 issuance of the bonds. The expenses related to the issuance of bonds

9-40 pursuant to this section must be paid from the proceeds of the bonds,

9-41 and must not exceed 2 percent of the face amount of the bonds sold.

9-42 No public debt is created, within the meaning of Section 3 of Article

9-43 9 of the Constitution of the State of Nevada, until the issuance of the

9-44 bonds.

10-1 3. The proceeds from the sale of the bonds authorized by this

10-2 section, after deducting the expenses relating to the issuance of the

10-3 bonds, must be deposited with the State Treasurer and credited to

10-4 the Fund for the Preservation and Promotion of Cultural Resources.

10-5 4. The provisions of the State Securities Law, contained in

10-6 chapter 349 of NRS, apply to the issuance of bonds pursuant to this

10-7 section.

10-8 5. The amount of financial assistance granted from the

10-9 proceeds of bonds issued pursuant to this section must not exceed

10-10 $20,000,000 in any 10‑year period. The total face amount of the

10-11 bonds issued pursuant to this section must not exceed the sum of:

10-12 (a) The amount of financial assistance granted pursuant to this

10-13 section; and

10-14 (b) The amount necessary to pay the expenses related to the

10-15 issuance of the bonds, which must not exceed 2 percent of the face

10-16 amount of the bonds sold.

10-17 Sec. 26. NRS 233C.230 is hereby amended to read as follows:

10-18 233C.230 1. There is hereby created in the State Treasury the

10-19 Fund for the Preservation and Promotion of Cultural Resources.

10-20 The Commission [for Cultural Affairs] is responsible for the

10-21 administration of the Fund. All money received and held by the

10-22 State Treasurer for that purpose must be deposited in the Fund.

10-23 The Commission shall account separately for money received from

10-24 the proceeds of bonds issued pursuant to NRS 233C.225.

10-25 2. Except as otherwise provided in subsection 5 of NRS

10-26 233C.200, the Commission may expend money in the Fund only for

10-27 projects identified in the Commission’s plan to promote and

10-28 preserve the State’s cultural resources pursuant to NRS 233C.200 to

10-29 233C.230, inclusive. In addition to the amount of financial

10-30 assistance granted from the proceeds of bonds issued pursuant to

10-31 NRS 233C.225, the Commission may grant as financial assistance

10-32 not more than $750,000 each calendar year of the interest earned on

10-33 the deposit or investment of the money in the Fund.

10-34 3. The money in the Fund must be invested as the money in

10-35 other state funds is invested. All interest on the deposit or

10-36 investment of the money in the Fund must be credited to the Fund.

10-37 4. Claims against the Fund must be paid as other claims against

10-38 the State are paid.

10-39 Sec. 27. NRS 331.100 is hereby amended to read as follows:

10-40 331.100 The Chief has the following specific powers and

10-41 duties:

10-42 1. To keep all buildings, rooms, basements, floors, windows,

10-43 furniture and appurtenances clean, orderly and presentable as

10-44 befitting public property.

11-1 2. To keep all yards and grounds clean and presentable, with

11-2 proper attention to landscaping and horticulture.

11-3 3. Under the supervision of the State Fire Marshal, to make

11-4 arrangements for the installation and maintenance of water sprinkler

11-5 systems, fire extinguishers, fire hoses and fire hydrants, and to take

11-6 other fire prevention and suppression measures, necessary and

11-7 feasible, that may reduce the fire hazards in all buildings under his

11-8 control.

11-9 4. To make arrangements and provision for the maintenance of

11-10 the State’s water system supplying the State-owned buildings at

11-11 Carson City, with particular emphasis upon the care and

11-12 maintenance of water reservoirs, in order that a proper and adequate

11-13 supply of water be available to meet any emergency.

11-14 5. To make arrangements for the installation and maintenance

11-15 of water meters designed to measure accurately the quantity of

11-16 water obtained from sources not owned by the State.

11-17 6. To make arrangements for the installation and maintenance

11-18 of a lawn sprinkling system on the grounds adjoining the Capitol

11-19 Building at Carson City, or on any other State-owned grounds

11-20 where such installation is practical or necessary.

11-21 7. To investigate the feasibility, and economies resultant

11-22 therefrom, if any, of the installation of a central power meter, to

11-23 measure electrical energy used by the state buildings in the vicinity

11-24 of and including the Capitol Building at Carson City, assuming the

11-25 buildings were served with power as one unit.

11-26 8. To purchase, use and maintain such supplies and equipment

11-27 as are necessary for the care, maintenance and preservation of the

11-28 buildings and grounds under his supervision and control.

11-29 9. Subject to the provisions of chapter 426 of NRS regarding

11-30 the operation of vending stands in or on public buildings and

11-31 properties by blind persons, to install or remove vending machines

11-32 and vending stands in the buildings under his supervision and

11-33 control, and to have control of and be responsible for their

11-34 operation.

11-35 10. To cooperate with the [State] Nevada Arts Council and the

11-36 State Public Works Board to plan the potential purchase and

11-37 placement of works of art inside or on the grounds surrounding a

11-38 state building.

11-39 Sec. 28. NRS 341.211 is hereby amended to read as follows:

11-40 341.211 The Board shall:

11-41 1. Cooperate with other departments and agencies of the State

11-42 in their planning efforts.

11-43 2. Advise and cooperate with municipal, county and other local

11-44 planning commissions within the State to promote coordination

11-45 between the State and the local plans and developments.

12-1 3. Cooperate with the [State] Nevada Arts Council and the

12-2 Buildings and Grounds Division of the Department of

12-3 Administration to plan the potential purchase and placement of

12-4 works of art inside or on the grounds surrounding a state building.

12-5 Sec. 29. NRS 361.186 is hereby amended to read as follows:

12-6 361.186 1. A taxpayer may collect an admission fee for the

12-7 exhibition of fine art otherwise exempt from taxation pursuant to

12-8 NRS 361.068 if the taxpayer offers to residents of the State of

12-9 Nevada a discount of 50 percent from any admission fee charged to

12-10 nonresidents. The discounted admission fee for residents must be

12-11 offered at any time the exhibition is open to the public and

12-12 admission fees are being charged.

12-13 2. Except as otherwise provided in subsection 5, if a taxpayer

12-14 collects a fee for the exhibition of fine art otherwise exempt from

12-15 taxation pursuant to NRS 361.068, the exemption pertaining to that

12-16 fine art for the fiscal year must be reduced by the net revenue

12-17 derived by the taxpayer for that fiscal year. The exemption

12-18 pertaining to fine art for a particular fiscal year must not be reduced

12-19 below zero, regardless of the amount of the net revenue derived by

12-20 the taxpayer for that fiscal year.

12-21 3. A tax resulting from the operation of this section is due with

12-22 the tax otherwise due under the taxpayer’s first statement filed

12-23 pursuant to NRS 361.265 after the 15th day of the fourth month

12-24 after the end of the fiscal year in which the net revenue was received

12-25 or, if no such statement is required to be filed, under a statement of

12-26 the net revenue filed on or before the last day of the fourth month

12-27 after the end of that fiscal year.

12-28 4. A taxpayer who is required to pay a tax resulting from the

12-29 operation of this section may receive a credit against the tax for any

12-30 donations made by the taxpayer to the [State] Nevada Arts Council,

12-31 the Division of Museums and History Dedicated Trust Fund

12-32 established pursuant to NRS 381.0031, a museum that provides

12-33 exhibits specifically related to nature or a museum that provides

12-34 exhibits specifically related to children, if the taxpayer:

12-35 (a) Made the donation before the date that either statement

12-36 required pursuant to subsection 3 is due; and

12-37 (b) Provides to the county assessor documentation of the

12-38 donation at the time that he files the statement required pursuant to

12-39 subsection 3.

12-40 5. If a taxpayer qualifies for and avails himself of both of the

12-41 exemptions from taxation provided by NRS 361.068 and 374.291,

12-42 the reduction of the exemptions by the net revenue derived by the

12-43 taxpayer, as required pursuant to subsection 2 of this section and

12-44 subsection 2 of NRS 374.2911, must be carried out in such a manner

12-45 that the total net revenue derived by the taxpayer is first applied to

13-1 reduce the exemption provided pursuant to NRS 374.291. If the net

13-2 revenue exceeds the amount of the exemption provided pursuant to

13-3 NRS 374.291, the remaining net revenue must be applied to reduce

13-4 the exemption provided pursuant to NRS 361.068. If the net revenue

13-5 is less than or equal to the exemption provided pursuant to NRS

13-6 374.291 for that fiscal year, the exemption provided pursuant to

13-7 NRS 361.068 must not be reduced.

13-8 6. For the purposes of this section:

13-9 (a) “Direct costs of owning and exhibiting the fine art” does not

13-10 include any allocation of the general and administrative expense of a

13-11 business or organization that conducts activities in addition to the

13-12 operation of the facility in which the fine art is displayed, including,

13-13 without limitation, an allocation of the salary and benefits of a

13-14 senior executive who is responsible for the oversight of the facility

13-15 in which the fine art is displayed and who has substantial

13-16 responsibilities related to the other activities of the business or

13-17 organization.

13-18 (b) “Net revenue” means the amount of the fees collected for

13-19 exhibiting the fine art during that fiscal year less the following paid

13-20 or made during that fiscal year:

13-21 (1) The direct costs of owning and exhibiting the fine art; and

13-22 (2) The cost of educational programs associated with the

13-23 taxpayer’s public display of fine art, including the cost of meeting

13-24 the requirements of sub-subparagraph (IV) of subparagraph (1) of

13-25 paragraph (b) of subsection 5 of NRS 361.068.

13-26 Sec. 30. NRS 374.2911 is hereby amended to read as follows:

13-27 374.2911 1. A taxpayer may collect an admission fee for the

13-28 exhibition of fine art otherwise exempt from taxation on its sale,

13-29 storage, use or other consumption pursuant to NRS 374.291 if the

13-30 taxpayer offers to residents of the State of Nevada a discount of 50

13-31 percent from any admission fee charged to nonresidents. The

13-32 discounted admission fee for residents must be offered at any time

13-33 the exhibition is open to the public and admission fees are being

13-34 charged.

13-35 2. If a taxpayer collects a fee for the exhibition of fine art

13-36 otherwise exempt from taxation on its sale, storage, use or other

13-37 consumption pursuant to NRS 374.291 and the fee is collected

13-38 during the first full fiscal year after the purchase of the fine art, the

13-39 exemption pertaining to that fine art must be reduced by the net

13-40 revenue derived by the taxpayer for that first full fiscal year. The

13-41 exemption pertaining to fine art must not be reduced below zero,

13-42 regardless of the amount of the net revenue derived by the taxpayer

13-43 for that first full fiscal year.

13-44 3. Any tax due pursuant to this section must be paid with the

13-45 first sales and use tax return otherwise required to be filed by the

14-1 taxpayer following the 15th day of the fourth month after the end of

14-2 the first full fiscal year following the purchase of the fine art or, if

14-3 no sales and use tax return is otherwise required to be filed by the

14-4 taxpayer, with a sales and use tax return filed specifically for this

14-5 purpose on or before the last day of the fourth month after the end of

14-6 the first full fiscal year following the purchase of the fine art.

14-7 4. A taxpayer who is required to pay a tax resulting from the

14-8 operation of this section may receive a credit against the tax for any

14-9 donations made by the taxpayer to the [State] Nevada Arts Council,

14-10 the Division of Museums and History Dedicated Trust Fund

14-11 established pursuant to NRS 381.0031, a museum that provides

14-12 exhibits specifically related to nature or a museum that provides

14-13 exhibits specifically related to children, if the taxpayer:

14-14 (a) Made the donation before the date that either return required

14-15 pursuant to subsection 3 is due; and

14-16 (b) Provides to the Department documentation of the donation at

14-17 the time that he files the return required pursuant to subsection 3.

14-18 5. For the purposes of this section:

14-19 (a) “Direct costs of owning and exhibiting the fine art” does not

14-20 include any allocation of the general and administrative expense of a

14-21 business or organization that conducts activities in addition to the

14-22 operation of the facility in which the fine art is displayed, including,

14-23 without limitation, an allocation of the salary and benefits of a

14-24 senior executive who is responsible for the oversight of the facility

14-25 in which the fine art is displayed and who has substantial

14-26 responsibilities related to the other activities of the business or

14-27 organization.

14-28 (b) “Net revenue” means the amount of the fees collected for

14-29 exhibiting the fine art during the fiscal year less the following paid

14-30 or made during the fiscal year:

14-31 (1) The direct costs of owning and exhibiting the fine art; and

14-32 (2) The cost of educational programs associated with the

14-33 taxpayer’s public display of fine art, including the cost of meeting

14-34 the requirements of subsubparagraph (IV) of subparagraph (1) of

14-35 paragraph (a) of subsection 4 of NRS 374.291.

14-36 Sec. 31. NRS 378.008 is hereby amended to read as follows:

14-37 378.008 1. There is hereby created the Department of

14-38 Cultural Affairs in which is vested the administration of the

14-39 provisions of this title and chapter 233C of NRS.

14-40 2. The Department consists of a Director and the following:

14-41 (a) The Division of State Library and Archives;

14-42 (b) The Division of Museums and History;

14-43 (c) The Office of Historic Preservation;

14-44 (d) The Board of the Nevada Arts Council;

14-45 (e) The [State] Nevada Arts Council;

15-1 [(e)] (f) The Board of Museums and History;

15-2 [(f)] (g) The State Council on Libraries and Literacy;

15-3 [(g)] (h) The State Historical Records Advisory Board; and

15-4 [(h)] (i) The Commission for Cultural Affairs.

15-5 Sec. 32. NRS 482.3792 is hereby amended to read as follows:

15-6 482.3792 1. Except as otherwise provided in this subsection,

15-7 the Department shall, in cooperation with the [State] Nevada Arts

15-8 Council, design, prepare and issue license plates for the support of

15-9 the education of children in the arts, using any colors and designs

15-10 which the Department deems appropriate. The Department shall not

15-11 design, prepare or issue the license plates unless it receives at least

15-12 250 applications for the issuance of those plates.

15-13 2. The Department may issue license plates for the support of

15-14 the education of children in the arts for a passenger car or light

15-15 commercial vehicle upon application by a person who is entitled to

15-16 license plates pursuant to NRS 482.265 and who otherwise complies

15-17 with the requirements for registration and licensing pursuant to this

15-18 chapter. A person may request that personalized prestige license

15-19 plates issued pursuant to NRS 482.3667 be combined with license

15-20 plates for the support of the education of children in the arts if that

15-21 person pays the fee for the personalized prestige license plates in

15-22 addition to the fees for the license plates for the support of the

15-23 education of children in the arts pursuant to subsections 3 and 4.

15-24 3. The fee for license plates for the support of the education of

15-25 children in the arts is $35, in addition to all other applicable

15-26 registration and license fees and governmental services taxes. The

15-27 license plates are renewable upon the payment of $10.

15-28 4. In addition to all fees for the license, registration and

15-29 governmental services taxes, a person who requests a set of license

15-30 plates for the support of the education of children in the arts must

15-31 pay for the initial issuance of the plates an additional fee of $15 and

15-32 for each renewal of the plates an additional fee of $10 to finance

15-33 programs which promote the education of children in the arts.

15-34 5. The Department shall deposit the fees collected pursuant to

15-35 subsection 4 with the State Treasurer for credit to the Account for

15-36 License Plates for the Support of the Education of Children in the

15-37 Arts created pursuant to NRS 233C.094.

15-38 6. If, during a registration year, the holder of license plates

15-39 issued pursuant to the provisions of this section disposes of the

15-40 vehicle to which the plates are affixed, he may retain the plates and:

15-41 (a) Affixthem to another vehicle which meets the requirements

15-42 of this section if the transfer and registration fees are paid as set out

15-43 in this chapter; or

15-44 (b) Within 30 days after removing the plates from the vehicle,

15-45 returnthem to the Department.

16-1 Sec. 33. NRS 233C.080 is hereby repealed.

16-2 Sec. 34. This act becomes effective upon passage and

16-3 approval.

16-4 TEXT OF REPEALED SECTION

16-5 NRS 233C.080 Director: Selection; qualifications.

16-6 1. The Director of the Council must be selected by the Director

16-7 of the Department of Cultural Affairs with special reference to his

16-8 training, experience, capacity and interest in the arts from a list of

16-9 three candidates submitted by the Council.

16-10 2. The Director of the Council must have a degree in the arts or

16-11 a related field or in public administration with course work and

16-12 experience in at least one of the arts.

16-13 H