CHAPTER 233C - ORGANIZATIONS FOR THE PROMOTION OF CULTURE

GENERAL PROVISIONS

NRS 233C.010 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 233C.011 to 233C.019, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1967, 1105; A 1977, 807; 1993, 1495; 1997, 3153; 2003, 631)

NRS 233C.011 “Administrator” defined. “Administrator” means the Administrator of the Division.
(Added to NRS by 2003, 630)

NRS 233C.013 “Board” defined. “Board” means the Board of the Division created pursuant to NRS 233C.030.
(Added to NRS by 2003, 630)

NRS 233C.017 “Department” defined. “Department” means the Department of Tourism and Cultural Affairs.
(Added to NRS by 2003, 631; 2011, 2944)

NRS 233C.019 “Division” defined. “Division” means the Nevada Arts Council.
(Added to NRS by 2003, 631)

NRS 233C.020 Legislative declaration. The Legislature hereby determines and declares that:

1. The giving of further recognition to the arts as a vital aspect of our culture and heritage is an essential means of expanding the educational programs and promoting the general welfare of the people of the State of Nevada.
2. The practice, enjoyment and impact of the arts are of increasing importance to the economic vitality of communities in this state.
3. Residents of this state desire increased opportunity to view, enjoy or participate in the performing literary, visual and folk arts.
4. To this end, it is the policy of the State of Nevada to join with institutions and professional organizations concerned with the arts to insure that the role of the arts in the life of the communities of the State will continue to grow and play an ever increasing part in the cultural [Add] and civic development, [Add] health outcome, economic effect, and educational experience of the residents of the State of Nevada.
   (Added to NRS by 1967, 1105; A 2003, 632)

[Description: Suggested edits more accurately reflect the full range of impact that the arts provide Nevada residents.]

NEVADA ARTS COUNCIL

NRS 233C.025 Creation; sole agency to receive and disburse money from National Endowment for the Arts; cooperation with state agencies.

1. The Nevada Arts Council is hereby created as a Division of the Department.
2. The Division is the sole and official agency of this State to receive and disburse any money made available to this State by the National Endowment for the Arts pursuant to 20 U.S.C. § 954 [Add] and is required by the National Endowment for the Arts to have a dedicated Board. [Description: It is a requirement from the NEA to have a dedicated board]
3. The Division:
   (a) Shall cooperate with the State Public Works Board and the Buildings and Grounds Section of the State Public Works Division of the Department of Administration to plan the potential purchase and placement of works of art inside or on the grounds surrounding a state building.
   (b) May request and must receive from any department, division, board, bureau, commission or agency of this State such assistance and data, as feasible and available, as will enable the Division to properly carry out the purposes of this chapter.
   (Added to NRS by 2003, 631)

NRS 233C.030 Board: Creation; number of members. The Board of the Division, consisting of nine members appointed by the Governor, is hereby created.
(Added to NRS by 1967, 1106; A 1975, 230; 1977, 807; 1993, 1495; 1997, 3153; 2003, 632)

NRS 233C.040 Board members: Appointment; qualifications; term; removal.

1. The Governor shall appoint the members of the Board from among residents of this State who are known for their knowledge of and experience in the performing, literary, visual and folk arts.
2. After the initial terms, the term of each member is 4 years, except when appointed to fill unexpired terms.
3. A member may be removed by the Governor for three unexcused absences from meetings of the Board.
   (Added to NRS by 1967, 1106; A 1971, 74; 1975, 230; 1977, 807; 1981, 63; 2003, 632)

NRS 233C.050 Board members: Salary; per diem allowance and travel expenses.

1. Each member of the Board is entitled to receive a salary of not more than $80, as fixed by the Board, for each day or portion thereof during which the member is in attendance at a regularly called meeting of the Board.
2. If provided for in the budget of the Division, each member and employee of the Board, while engaged in the business of the Board, is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
   (Added to NRS by 1967, 1106; A 1977, 807; 1981, 1978; 1985, 412; 1989, 1709; 2003, 632)

NRS 233C.060 Board meetings: Frequency; quorum; one vote per member.

1. Except as otherwise provided in this subsection, meetings of the Board may be held twice in each calendar year. If provided for in the budget of the Division, meetings of the Board may be held more frequently than twice in each calendar year at the discretion of the Chair of the Board.
2. A majority of the members of the Board constitutes a quorum for the transaction of business.
3. Each member of the Board has one vote to further the objectives of the Board.
   (Added to NRS by 1967, 1106; A 1977, 807; 1983, 1438; 2003, 632)

NRS 233C.070 Board officers; terms.

1. The Board shall elect from its membership a Chair, a Vice Chair and a Treasurer to serve as officers of the Board.
2. The Administrator shall act as the nonvoting recording Secretary of the Board.
3. The term of each officer of the Board, other than the Administrator, is 2 years and any vacancies that occur in those offices must be filled by election by the members of the Board for the remainder of the unexpired term.
4. No member of the Board may serve more than two consecutive terms [Remove] as an officer of the Board [Add] in the same office of the Board. [Description: It is beneficial for continuity for officers of the board to be able to transition from treasurer to vice-chair, to chair. Since board members vote on officers of the board, they control who will be elected]
   (Added to NRS by 1967, 1106; A 1969, 1424; 1975, 230; 1977, 808; 2003, 632)

NRS 233C.090 Board: Duties; regulations.

1. The Board shall:
   
   1. Stimulate throughout the State the presentation of the performing literary, visual and folk arts and encourage artistic expression essential for the well-being of the arts, and make, before September 1 of each even-numbered year, a report covering the biennium ending June 30 of that year to the Governor and the Legislature on its progress in this regard.
   2. Serve as an advocate of the arts and promote such policies and viewpoints as in the opinion of the Board would benefit the arts throughout this State.
   3. Work with organizations that are concerned with the arts and whose activities are statewide in scope to develop and provide to the Division recommendations for:
      1. Strategic plans;
      2. The mission of and goals for the Division; and
      3. Cultural policies and priorities for the State of Nevada.
   4. Hold public hearings to receive public comment and to discuss issues relevant to the carrying out of the powers and duties of the Board.
   5. Assist the Division in the performance of acts necessary to carry out the provisions of NRS 233C.096.
   6. In connection with the functions of the Division, approve grant applications and grant allocations within the limits of legislative appropriations.
   7. In all other matters pertaining to the Division, serve in an advisory capacity to the Department and to the Division.
2. The Chair of the Board shall serve as, or shall appoint another member of the Board to serve as, a member of the Commission for Cultural Centers and Historic Preservation as required pursuant to paragraph (b) of subsection 1 of NRS 383.500.
3. The Board may adopt such regulations as it deems necessary to carry out its powers and duties.
   (Added to NRS by 1967, 1106; A 1969, 1456; 1995, 418; 2001, 2974; 2003, 633; 2015, 76)

NRS 233C.091 Administrator: Selection; qualifications; duties and powers; classification.

1. The Administrator is appointed by the Director with special reference to the Administrator’s training, experience, capacity and interest in the arts. The Director shall consult with the Board before making the appointment.
2. The Administrator must have:
   
   1. A degree in the arts, a field related to the arts or public administration; and
   2. Completed course work and accumulated experience in at least one of the arts with at least 5 years of progressively responsible work experience in the administration of arts and cultural programming, at least 2 years of which must have been in a supervisory capacity.
3. The Administrator may employ, within the limits of legislative appropriations, such staff as is necessary to the performance of the Administrator’s duties.
4. The Administrator is responsible to the Director for the general administration of the Division and for the submission of its budgets, subject to administrative supervision by the Director.
5. The Administrator shall direct the work of the Division, administer the Division and perform such other duties as the Director may, from time to time, prescribe.
6. To carry out the provisions of this chapter and within the limit of money available to him or her, the Administrator may enter into contracts and other lawful agreements with:
   
   1. Natural persons, organizations and institutions for services furthering the mission and goals of the Division and the Board; and
   2. Local, regional and national associations for cooperative endeavors furthering the mission and goals of the programs of the Division.
7. The Administrator may accept gifts, contributions and bequests of unrestricted money from natural persons, foundations, corporations and other organizations and institutions to further the mission and goals of the programs of the Division.
8. Except as otherwise provided pursuant to subsection 3 of NRS 231.230, the Administrator is in the unclassified service of the State.
9. As used in this section, “Director” means the Director of the Department.
   (Added to NRS by 2003, 631; A 2011, 2944)

NRS 233C.092 Periodic examination of and report on physical condition of works of art acquired for inclusion in public works. The Division shall periodically cause an examination to be made of the physical condition of the works of art acquired for inclusion in public works to determine which works of art need repair, restoration or replacement and shall report this information to the Legislature.

(Added to NRS by 1995, 418; A 2003, 634)

ACCOUNT FOR LICENSE PLATES FOR THE SUPPORT OF THE EDUCATION OF CHILDREN IN THE ARTS

NRS 233C.094 Creation; use of money in Account.

1. The Account for License Plates for the Support of the Education of Children in the Arts is hereby created in the State General Fund. The Division shall administer the Account.
2. The money in the Account does not lapse to the State General Fund at the end of any fiscal year.
3. The money in the Account must be used only for the support of programs for the education of children in the arts and must not be used to replace or supplant funding available from other sources.
4. The Division shall retain one-half of the money deposited in the Account to use pursuant to subsection 3. The Division shall remit quarterly one-half of the money deposited in the Account to [Remove] VSA arts of Nevada [Add]Arts for All Nevada to use pursuant to subsection 3. If [Remove] VSA arts of Nevada [Add] Arts for All Nevada ceases to exist, the Division shall retain all the money credited to the Account to use pursuant to subsection 3.
   (Added to NRS by 1995, 1660; 1997, 3003; 2003, 634; 2007, 418)

[Description: VSA arts of Nevada officially changed its name to Arts for All Nevada]

NEVADA CULTURAL ACCOUNT

NRS 233C.095 Creation; purpose; investment; acceptance of gifts, grants and donations for deposit in Account; transfer of money from Account to meet obligations of State.

1. The Nevada Cultural Account is hereby created in the State General Fund. The purposes of the Account are to:
   
   1. Ensure a stable and healthy cultural climate in this state;
   2. Advance and promote a meaningful role of the arts and humanities in the lives of individual persons, families and communities throughout this state; and
   3. Stimulate the provision of additional funding from private sources to carry out the provisions of paragraphs (a) and (b).

   The money in the Account must be used to augment and must not be used to replace or supplant any legislative appropriations to the Division.

2. Except as otherwise provided in subsection 4, the Account is a continuing account without reversion. The money in the Account must be invested as the money in other state accounts is invested. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Claims against the Account must be paid as other claims against the State are paid.
3. The Division may accept gifts, grants and donations from any source for deposit in the Account.
4. The State Board of Examiners may, upon making a determination that any portion of any amount appropriated by the Legislature for deposit in the Account 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 Account to the State General Fund. Upon approval of the Interim Finance Committee, the money may be so transferred.
   (Added to NRS by 2001, 2973; 2003, 634; 2011, 442)

NRS 233C.096 Administration and expenditure of money in Account. The Division shall administer the Nevada Cultural Account and may expend only the amount of any gifts, grants, donations, interest and income credited to the Account to:

1. Provide resources for developing the artistic, administrative and financial stability of cultural organizations that serve and enrich communities throughout this state regarding the arts and humanities;
2. Support programs and projects that provide residents of and visitors to this state with access to a broad range of activities regarding the arts and humanities;
3. Encourage cultural organizations to reduce their deficits, to establish cash reserves and endowments and to engage in capital projects that will aid in their stabilization; and
4. Support initiatives and organizations that encourage access to, the awareness of and education in the arts.
   (Added to NRS by 2001, 2973; A 2003, 635)

NRS 233C.097 Regulations; report to Legislature. The Division shall:

1. Adopt regulations establishing criteria and standards for the eligibility for and use of any funding to be provided by the Division pursuant to NRS 233C.096.
2. Report to each regular session of the Legislature:
   
   1. The amount of money expended from the Nevada Cultural Account;
   2. The specific purposes for which the money was expended; and
   3. The sources from which the money was obtained.
3. (Added to NRS by 2001, 2974; A 2003, 635)

[Description: Add/move NRS 223.121 Portrait of Governor to 233C.098? Funding must come with it]

NRS 223.121 Portrait of Governor.

1. The [Remove] Director [Add]
   Administrator may, upon the election of each new Governor, enter into a contract with an artist for the purpose of procuring a portrait of that Governor for display in the Capitol Building.
2. The portrait must be painted in oil colors and appropriately framed. The painting and framing must be done in the same manner, style and size as the portraits of former Governors of the State displayed in the Capitol Building.
3. The contract price must not exceed the appropriation made for this purpose to the Account for the Governor’s Portrait in the State General Fund. The contract price must include the cost of the portrait and the frame.
4. The portrait and frame are subject to the approval of the Governor.
5. Upon delivery of the approved, framed portrait to the Secretary of State and its acceptance by the [Remove] Director [Add] Administrator, the State Controller shall draw his or her warrant in an amount equal to the contract price and the State Treasurer shall pay the warrant from the Account for the Governor’s Portrait. Any balance remaining in the Account immediately lapses to the State General Fund.
6. As used in this section, [Remove] “Director” [Add]”Administrator” means the [Remove] Director of the Department of Tourism and Cultural Affairs [Add] Executive Director of the Nevada Arts Council. If the Administrator is not available, these duties fall on the Director of the Department of Tourism and Cultural Affairs.
   (Added to NRS by 1981, 1553; A 1985, 713; 2007, 3306; 2011, 2936)

[Description: Synopsis of Requested Changes
Requested changes add additional benefits to Nevada residents that are provided by the arts, add requirements of the agency’s federal partnership, adjust opportunities for efficient service and smooth transition of board members, change the name of the company partner connected to license plate account, Move NRS 223.121, Portrait of Governor to NRS 233 C as budget category with adjustments in language for completion of the portrait to the Administrator.]