Nrs: Chapter 233A - Indian Affairs

Link to law: https://www.leg.state.nv.us/NRS/NRS-233A.html
Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
[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)