[Rev. 2/10/2015 4:41:33
PM--2014R2]
CHAPTER 233A - INDIAN AFFAIRS
NEVADA INDIAN COMMISSION
General Provisions
NRS 233A.010 Definitions.
NRS 233A.020 Creation;
members.
NRS 233A.030 Commissioners:
Appointment; qualifications.
NRS 233A.040 Authorized
expenses.
NRS 233A.050 Chair;
meetings; quorum.
NRS 233A.055 Executive
Director: Appointment; qualifications; classification; restrictions on other
employment.
NRS 233A.065 Executive
Director: Duties.
NRS 233A.070 Executive
Director: Appointment of staff.
NRS 233A.080 Salary
and expenses of commissioners; payment of claims.
NRS 233A.090 Purpose;
reports and recommendations.
NRS 233A.095 Nevada
Tribes Legislative Day: Duties of Commission.
NRS 233A.100 Powers.
Advisory Committee Concerning Children’s Health Insurance
Program
NRS 233A.101 Definitions.
NRS 233A.102 “Advisory
Committee” defined.
NRS 233A.103 “Children’s
Health Insurance Program” defined.
NRS 233A.104 Creation;
composition; terms of members; vacancies; meetings; Chair.
NRS 233A.106 Compensation
of members.
NRS 233A.107 Duties;
Commission to consider advice and recommendations and provide staff.
RIGHTS OF INDIANS
NRS 233A.110 Indians
subject to jurisdiction of State entitled to all services of State.
NRS 233A.120 Rights
of self-government preserved.
NRS 233A.130 Jurisdiction
of administrative agencies not extended.
_________
NEVADA INDIAN COMMISSION
General Provisions
NRS 233A.010 Definitions. As
used in this chapter:
1. “Chair” means the Chair of the Nevada
Indian Commission.
2. “Commission” means the Nevada Indian
Commission.
3. “Commissioner” means a commissioner of
the Nevada Indian Commission.
(Added to NRS by 1965, 687; A 1973, 293)
NRS 233A.020 Creation; members. The
Nevada Indian Commission, consisting of five members appointed by the Governor,
is hereby created.
(Added to NRS by 1965, 687; A 1973, 293; 1977, 1182)
NRS 233A.030 Commissioners: Appointment; qualifications. The Governor shall appoint:
1. Three members who are Indians.
2. Two members who are representatives of
the general public.
(Added to NRS by 1965, 687; A 1969, 1137; 1973, 294; 1977, 1182; 1989, 1399)
NRS 233A.040 Authorized expenses. The
Commission may incur all necessary expenses within the limits of legislative
appropriations to effectuate its purposes.
(Added to NRS by 1965, 687)
NRS 233A.050 Chair; meetings; quorum. The
commissioners shall designate a Chair. The commissioners may meet regularly at
least four times each year and at such places and times as are specified by a
call of the Chair or majority of the Commission. The Commission shall prescribe
regulations for its own management. Three members of the Commission constitute
a quorum which may exercise all the authority conferred upon the Commission.
(Added to NRS by 1965, 687; A 1967, 1493; 1969, 1138;
1973, 294; 1983,
183, 1438)
NRS 233A.055 Executive Director: Appointment; qualifications; classification;
restrictions on other employment.
1. The Governor, upon recommendation of
the Commission, shall appoint an Executive Director of the Commission who has
had successful experience in the administration and promotion of a program
comparable to that provided by this chapter.
2. The Executive Director of the
Commission is in the unclassified service of the State.
3. Except as otherwise provided in NRS 284.143, the Executive Director of the
Commission shall devote his or her entire time to the duties of his or her
office and shall not follow any other gainful employment or occupation.
(Added to NRS by 1969, 1137; A 1971, 1429; 1981, 1277; 1985, 412; 1997, 618)
NRS 233A.065 Executive Director: Duties. The
Executive Director of the Commission shall:
1. Be jointly responsible to the Governor
and the Commission.
2. Direct and supervise all the technical
and administrative activities of the Commission.
3. Attend all Commission meetings and act
as Secretary, keeping minutes and audio recordings or transcripts of the
proceedings.
4. Report to the Governor and the
Commission all matters concerning the administration of his or her office. The
Executive Director shall request the advice of the Commission regarding matters
of policy, but is responsible, unless otherwise provided by law, for the
conduct of the administrative functions of the commission office.
5. Compile, for Commission approval and
submission to the Governor, a biennial report regarding the work of the
Commission and such other matters as the Executive Director may consider
desirable.
6. Serve as contracting officer to receive
funds from the Federal Government or other sources for such studies as the
Commission deems necessary.
7. Attend all meetings of any special
study committee appointed by the Governor pursuant to this chapter and act as
Secretary, keeping minutes and audio recordings or transcripts of the
proceedings.
8. Perform any lawful act which the
Executive Director considers necessary or desirable to carry out the purposes
and provisions of this chapter.
(Added to NRS by 1969, 1137; A 2005, 1407)
NRS 233A.070 Executive Director: Appointment of staff. The Executive Director of the Commission may
appoint such professional, technical, clerical and operational staff as the
execution of his or her duties and the operation of the Commission may require.
(Added to NRS by 1965, 688; A 1969, 1138; 1985, 412)
NRS 233A.080 Salary and expenses of commissioners; payment of claims.
1. Commissioners who are not in the
regular employ of the State are entitled to receive a salary of not more than
$80, as fixed by the Commission, for each day spent on the work of the
Commission. Commissioners who are in the regular employ of the State shall
serve without additional salary.
2. 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.
3. Claims for payment of all expenses
incurred by the Commission, including the salaries and expenses of its
commissioners, must be made on vouchers and paid as other claims against the
State are paid.
(Added to NRS by 1965, 688; A 1971, 841; 1975, 297; 1981, 1978; 1985, 412; 1989, 1709)
NRS 233A.090 Purpose; reports and recommendations. The
purpose of the Commission shall be to study matters affecting the social and
economic welfare and well-being of American Indians residing in Nevada,
including, but not limited to, matters and problems relating to Indian affairs
and to federal and state control, responsibility, policy and operations
affecting such Indians. The Commission shall recommend necessary or appropriate
action, policy and legislation or revision of legislation and administrative
agency regulations pertaining to such Indians. The Commission shall make and
report from time to time its findings and recommendations to the Legislature,
to the Governor and to the public and shall so report at least biennially.
(Added to NRS by 1965, 688; A 1973, 345)
NRS 233A.095 Nevada Tribes Legislative Day: Duties of Commission. In observance of “Nevada Tribes Legislative
Day” established pursuant to NRS 236.038,
the Nevada Indian Commission shall:
1. Invite the Legislature, the Governor
and other elected officials to recognize and pay tribute to the history and
culture of American Indians and their contributions to the prosperity and
cultural diversity of Nevada and the United States.
2. Schedule activities and discussions
between state and tribal leaders on issues of common interest.
(Added to NRS by 2013, 219)
NRS 233A.100 Powers. The
Commission may:
1. Appoint advisory committees whenever
necessary or appropriate to assist and advise the Commission in the performance
of its duties and responsibilities under this chapter.
2. Negotiate and contract with such other
agencies, public or private, as it deems necessary or appropriate for such
services, facilities, studies and reports to the Commission as will best enable
it to carry out the purposes for which it is created.
3. Cooperate with and secure the
cooperation of state, county, city and other agencies, including Indian tribes,
bands, colonies and groups and intertribal organizations in connection with its
study or investigation of any matter within the scope of this chapter or NRS 383.150 to 383.190, inclusive.
(Added to NRS by 1965, 688; A 1977, 49; 1979, 616; 1989, 575)
Advisory Committee Concerning Children’s Health Insurance
Program
NRS 233A.101 Definitions. As
used in NRS 233A.101 to 233A.107,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 233A.102 and 233A.103
have the meanings ascribed to them in those sections.
(Added to NRS by 1999, 1429)
NRS 233A.102 “Advisory Committee” defined. “Advisory
Committee” means the Advisory Committee Concerning the Children’s Health
Insurance Program created pursuant to NRS 233A.104.
(Added to NRS by 1999, 1429)
NRS 233A.103 “Children’s Health Insurance Program” defined. “Children’s Health Insurance Program” has the
meaning ascribed to it in NRS 422.021.
(Added to NRS by 1999, 1429)
NRS 233A.104 Creation; composition; terms of members; vacancies; meetings;
Chair.
1. There is hereby created in the
Commission the Advisory Committee Concerning the Children’s Health Insurance
Program. The Advisory Committee consists of:
(a) One member who is the chair of a tribal
council or chief of a Nevada Indian tribe and is appointed by the governing
body of a unit of the Indian Health Service that is designated to serve the
health care needs of Indians in the eastern portion of this State. The
appointed member may designate a representative to serve in the member’s
absence.
(b) One member who is the chair of a tribal
council or chief of a Nevada Indian tribe and is appointed by the governing
body of a unit of the Indian Health Service that is designated to serve the
health care needs of Indians in the western portion of this State. The
appointed member may designate a representative to serve in the member’s
absence.
(c) One member who is appointed by the
Inter-Tribal Council of Nevada, Inc.
(d) One member who is appointed by the governing
board of an organization that is partially funded by the Indian Health Service
and which specifically serves the health care needs of Indians in each county
whose population is more than 100,000, but less than 700,000.
(e) One member who is appointed by the governing
board of an organization that is partially funded by the Indian Health Service
and which specifically serves the health care needs of Indians in each county
whose population is 700,000 or more.
2. Each member serves a term of 2 years. A
member may be reappointed for additional terms of 2 years in the same manner as
the original appointment.
3. A vacancy occurring in the membership
of the Advisory Committee must be filled in the same manner as the original
appointment.
4. The Advisory Committee shall meet at
least twice annually.
5. At its first meeting and annually
thereafter, the Advisory Committee shall elect a Chair from among its members.
(Added to NRS by 1999, 1429; A 2011, 1154)
NRS 233A.106 Compensation of members.
1. Each member of the Advisory Committee
serves without compensation.
2. Each member of the Advisory Committee
who is an employee of the State of Nevada or a local government must be
relieved from his or her duties without loss of regular compensation so that he
or she may prepare for and attend meetings of the Advisory Committee and
perform any work necessary to carry out the duties of the Advisory Committee in
the most timely manner practicable. A state agency or local governmental entity
shall not require an employee who is a member of the Advisory Committee to make
up the time that he or she is absent from work or to take annual vacation or
compensatory time for the time that he or she is absent from work to carry out his
or her duties as a member of the Advisory Committee.
(Added to NRS by 1999, 1429)
NRS 233A.107 Duties; Commission to consider advice and recommendations and
provide staff.
1. The Advisory Committee shall:
(a) Provide written reports, analysis and advice
to the Commission on matters related to the Children’s Health Insurance
Program, including, without limitation, matters related to the enrollment of
Indian children in the Program, outreach efforts to raise awareness about the
Program among Indians and other matters concerning the Program which affect
Indians; and
(b) Make written recommendations concerning those
matters to the Commission.
2. The Commission shall:
(a) Consider the advice and recommendations of
the Advisory Committee and make any appropriate written recommendations to the
Director of the Department of Health and Human Services as a result of this review;
and
(b) Provide the necessary staff to assist the
Advisory Committee in performing its duties, including, without limitation,
staff to assist in preparing written reports and analysis pursuant to
subsection 1.
(Added to NRS by 1999, 1430)
RIGHTS OF INDIANS
NRS 233A.110 Indians subject to jurisdiction of State entitled to all
services of State. Indians subject
to the jurisdiction of the State of Nevada pursuant to the provisions of NRS 41.430 and 194.040 are entitled to all services of the
State of Nevada, including, without limitation, correctional legal aid, public
defender, probational and psychiatric services afforded to any other persons
who are defendants in criminal actions or parties to civil actions in the
courts of this State.
(Added to NRS by 1973, 1052)
NRS 233A.120 Rights of self-government preserved. The
provisions of NRS 41.430 and 194.040 do not preclude Indian tribes who
are recognized by the United States as possessing powers of self-government
from enacting their own laws, regulations and ordinances, and enforcing them by
their own tribal courts in accordance with their rules of procedure, but no
person subject to the jurisdiction of such tribal court or governmental
organization shall be denied any rights guaranteed by the constitutions of the
United States or the State of Nevada.
(Added to NRS by 1973, 1052)
NRS 233A.130 Jurisdiction of administrative agencies not extended. The provisions of NRS 41.430 and 194.040 do not increase the power of
administrative agencies of the State of Nevada to exercise their jurisdiction
over persons living and residing upon tribal or Indian country with the consent
of the Indian tribe having jurisdiction over that country, but the extent to
which such jurisdiction of administrative agencies existed prior to July 1,
1974, shall remain the same and in full force and effect.
(Added to NRS by 1973, 1052)
