Nevada 2023 Regular Session

Nevada Senate Bill SB477 Compare Versions

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1	1
2	2
3	3	- 82nd Session (2023)
4	4	Senate Bill No. 477–Committee on Finance
5	5
6	6	CHAPTER..........
7	7
8	8	AN ACT relating to tourism; authorizing the Director of the
9	9	Department of Tourism and Cultural Affairs to appoint a
10	10	Deputy Director of the Division of Tourism; creating the
11	11	Fund for Tourism and Cultural Affairs; eliminating the ex
12	12	officio, nonvoting members of the Commission on Tourism;
13	13	revising provisions relating to the Nevada Magazine; and
14	14	providing other matters properly relating thereto.
15	15	Legislative Counsel’s Digest:
16	16	Existing law creates the Department of Tourism and Cultural Affairs,
17	17	consisting of: (1) the Division of Tourism; (2) the Division of Museums and
18	18	History; (3) the Board of Museums and History; (4) the Nevada Arts Council; (5)
19	19	the Nevada Indian Commission; (6) the Board of the Nevada Arts Council; and (7)
20	20	the Commission on Tourism. (NRS 231.167) The Director of the Department has
21	21	various powers and duties relating to tourism and cultural affairs and is appointed
22	22	by the Governor from a list of three persons submitted to the Governor by the
23	23	Lieutenant Governor from recommendations made by: (1) voting members of the
24	24	Commission on Tourism; (2) the Chair of the Board of Museums and History; (3)
25	25	the Chair of the Nevada Indian Commission; and (4) the Chair of the Board of the
26	26	Nevada Arts Council. (NRS 231.210, 231.220)
27	27	Under existing law, the Department, through the Director, may employ certain
28	28	staff and consultants. (NRS 231.230) Section 2 of this bill authorizes the Director
29	29	to appoint a Deputy Director, who is in the unclassified service of the State, to carry
30	30	out the duties set forth in existing law for the Division of Tourism. Section 7 of this
31	31	bill makes a conforming change relating to the Deputy Director being in the
32	32	unclassified service.
33	33	Under existing law, the Commission on Tourism is composed of 11 voting
34	34	members and certain ex officio, nonvoting members who are the Chair of the Board
35	35	of Museums and History, the Chair of the Nevada Indian Commission and the
36	36	Chair of the Board of the Nevada Arts Council. (NRS 231.170) Section 5 of this
37	37	bill eliminates the ex officio, nonvoting members of the Commission on Tourism.
38	38	Under existing law, the Department, through the Division of Tourism, is
39	39	required to publish or cause to be published a magazine known as Nevada
40	40	Magazine, which must contain materials which educate the general public about
41	41	this State and thereby foster awareness and appreciation of Nevada’s heritage,
42	42	culture, historical monuments, natural wonders and natural resources. (NRS
43	43	231.260, 231.290) Sections 6, 8 and 9 of this bill rename such publication to be the
44	44	Nevada Magazine and Visitor Guide.
45	45	Existing law creates the Fund for the Nevada Magazine as an enterprise fund
46	46	for all receipts from publication of the Nevada Magazine. (NRS 231.290) Section 3
47	47	of this bill creates the Fund for Tourism and Cultural Affairs, to be administered by
48	48	the Director. Section 9: (1) eliminates the Fund for the Nevada Magazine; (2)
49	49	requires that receipts from the publication of the Nevada Magazine and Visitor
50	50	Guide be deposited in the Fund for Tourism and Cultural Affairs; and (3) authorizes
51	51	revenue from the publication of the Nevada Magazine and Visitor Guide to be used
52	52	to publish and distribute to schools educational materials relating to the natural and
53	53	cultural resources of this State.
54	54	Sections 4 and 7 of this bill make conforming changes to indicate the proper
55	55	placement of sections 2 and 3 in the Nevada Revised Statutes.
56	56	– 2 –
57	57
58	58
59	59	- 82nd Session (2023)
60	60	EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
61	61
62	62
63	63	THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
64	64	SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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66	66	Section 1. Chapter 231 of NRS is hereby amended by adding
67	67	thereto the provisions set forth as sections 2 and 3 of this act.
68	68	Sec. 2. 1. The Director may appoint a Deputy of the
69	69	Division of Tourism in the unclassified service of the State.
70	70	2. If appointed pursuant to subsection 1, the Deputy shall:
71	71	(a) Carry out the duties of the Division set forth in NRS
72	72	231.260, 231.270 and 231.290.
73	73	(b) Except as otherwise provided in NRS 284.143, devote his or
74	74	her entire time to the duties of his or her office and shall not
75	75	follow any other gainful employment or occupation.
76	76	Sec. 3. 1. The Fund for Tourism and Cultural Affairs is
77	77	hereby created in the State Treasury, to be administered by the
78	78	Director.
79	79	2. Money in the Fund must be used to support the operations
80	80	of the Department in administering the provisions of NRS 231.161
81	81	to 231.360, inclusive, and sections 2 and 3 of this act. The money
82	82	in the Fund must remain in the Fund and does not revert to the
83	83	State General Fund at the end of any fiscal year.
84	84	3. Claims against the Fund must be paid as other claims
85	85	against the State are paid.
86	86	4. Interest and income earned on money in the Fund must be
87	87	credited to the Fund.
88	88	Sec. 4. NRS 231.161 is hereby amended to read as follows:
89	89	231.161 As used in NRS 231.161 to 231.360, inclusive, and
90	90	sections 2 and 3 of this act, unless the context otherwise requires,
91	91	the words and terms defined in NRS 231.163 and 231.165 have the
92	92	meanings ascribed to them in those sections.
93	93	Sec. 5. NRS 231.170 is hereby amended to read as follows:
94	94	231.170 1. The Commission on Tourism is composed of [:
95	95	(a) Eleven] eleven voting members as follows:
96	96	[(1)] (a) The Lieutenant Governor, who is its Chair;
97	97	[(2)] (b) Eight members, appointed by the Governor, who
98	98	are informed on and have experience in travel and tourism,
99	99	including the business of gaming; and
100	100	[(3)] (c) The chief administrative officers of the county fair
101	101	and recreation boards or, if there is no county fair and recreation
102	102	board in the county, the chair of the board of county commissioners,
103	103	of the two counties that paid the largest amount of the proceeds
104	104	– 3 –
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106	106
107	107	- 82nd Session (2023)
108	108	from the taxes imposed on the revenue from the rental of transient
109	109	lodging to the Department of Taxation for deposit with the State
110	110	Treasurer for credit to the Fund for the Promotion of Tourism
111	111	created by NRS 231.250 for the previous fiscal year.
112	112	[(b) The following ex officio, nonvoting members:
113	113	(1) The Chair of the Board of Museums and History;
114	114	(2) The Chair of the Nevada Indian Commission; and
115	115	(3) The Chair of the Board of the Nevada Arts Council.]
116	116	2. A change in any member of the Commission who serves
117	117	pursuant to [subparagraph (3) of] paragraph [(a)] (c) of subsection 1
118	118	that is required because of a change in the amount of the proceeds
119	119	paid to the Department of Taxation by each county must be effective
120	120	on January 1 of the calendar year immediately following the fiscal
121	121	year in which the proceeds were paid to the Department of Taxation.
122	122	3. Of the members appointed by the Governor pursuant to
123	123	[subparagraph (2) of] paragraph [(a)] (b) of subsection 1:
124	124	(a) At least one member must be a resident of a county whose
125	125	population is 700,000 or more.
126	126	(b) At least one member must be a resident of a county whose
127	127	population is 100,000 or more but less than 700,000.
128	128	(c) At least two members must be residents of counties whose
129	129	population is less than 100,000.
130	130	(d) Four members may be residents of any county in this State.
131	131	Sec. 6. NRS 231.200 is hereby amended to read as follows:
132	132	231.200 The Commission on Tourism:
133	133	1. Shall establish the policies and approve the programs and
134	134	budgets of the Division of Tourism concerning:
135	135	(a) The promotion of tourism and travel in this State; and
136	136	(b) The publication of Nevada Magazine and Visitor Guide and
137	137	other promotional material.
138	138	2. May adopt regulations to administer and carry out the
139	139	policies and programs of the Division of Tourism.
140	140	3. May from time to time create special advisory committees to
141	141	advise it on special problems of tourism. Members of special
142	142	advisory committees, other than members of the Commission, may
143	143	be paid the per diem allowance and travel expenses provided for
144	144	state officers and employees, as the budget of the Commission
145	145	permits.
146	146	Sec. 7. NRS 231.230 is hereby amended to read as follows:
147	147	231.230 1. The Department through the Director may:
148	148	(a) Employ such professional, technical, clerical and operational
149	149	employees as the operation of the Department may require; and
150	150	– 4 –
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152	152
153	153	- 82nd Session (2023)
154	154	(b) Employ such experts, researchers and consultants and enter
155	155	into such contracts with any public or private entities as may be
156	156	necessary to carry out the provisions of NRS 231.161 to 231.360,
157	157	inclusive [.] , and sections 2 and 3 of this act.
158	158	2. Except as otherwise provided in subsection 3, the clerical
159	159	employees of the Department are in the classified service of the
160	160	State.
161	161	3. [The] Except as otherwise provided in section 2 of this act,
162	162	the Director may appoint to the Department employees in either the
163	163	classified or unclassified service of the State, in accordance with the
164	164	historical manner of categorization, unless state or federal law or
165	165	regulation requires otherwise.
166	166	Sec. 8. NRS 231.260 is hereby amended to read as follows:
167	167	231.260 The Department, through the Division of Tourism,
168	168	shall:
169	169	1. Promote this State so as to increase the number of domestic
170	170	and international tourists.
171	171	2. Promote special events and exhibitions which are designed
172	172	to increase tourism.
173	173	3. Develop a State Plan to Promote Travel and Tourism in
174	174	Nevada.
175	175	4. Develop a comprehensive program of marketing and
176	176	advertising, for both domestic and international markets, which
177	177	publicizes travel and tourism in Nevada in order to attract more
178	178	visitors to this State or lengthen their stay.
179	179	5. Provide and administer grants of money or matching grants
180	180	to political subdivisions of the State, to fair and recreation boards,
181	181	and to local or regional organizations which promote travel and
182	182	tourism, to assist them in:
183	183	(a) Developing local programs for marketing and advertising
184	184	which are consistent with the State Plan.
185	185	(b) Promoting specific events and attractions in their
186	186	communities.
187	187	(c) Evaluating the effectiveness of the local programs and
188	188	events.
189	189	 Each recipient must provide an amount of money, at least equal
190	190	to the grant, for the same purpose, except, in a county whose
191	191	population is less than 55,000, the Division of Tourism may, if
192	192	convinced that the recipient is financially unable to do so, provide a
193	193	grant with less than equal matching money provided by the
194	194	recipient.
195	195	6. Coordinate and assist the programs of travel and tourism of
196	196	counties, cities, local and regional organizations for travel and
197	197	– 5 –
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200	200	- 82nd Session (2023)
201	201	tourism, fair and recreation boards and transportation authorities in
202	202	the State. Local governmental agencies which promote travel and
203	203	tourism shall coordinate their promotional programs with those of
204	204	the Division of Tourism.
205	205	7. Encourage cooperation between public agencies and private
206	206	persons who have an interest in promoting travel and tourism in
207	207	Nevada.
208	208	8. Compile or obtain by contract, keep current and disseminate
209	209	statistics and other marketing information on travel and tourism in
210	210	Nevada.
211	211	9. Prepare and publish brochures, travel guides, directories and
212	212	other materials which promote travel and tourism in Nevada.
213	213	10. Publish or cause to be published a magazine to be known
214	214	as the Nevada Magazine [.] and Visitor Guide. The Nevada
215	215	Magazine and Visitor Guide must contain materials which educate
216	216	the general public about this State and thereby foster awareness and
217	217	appreciation of Nevada’s heritage, culture, historical monuments,
218	218	natural wonders and natural resources.
219	219	Sec. 9. NRS 231.290 is hereby amended to read as follows:
220	220	231.290 1. [The Fund for the Nevada Magazine is hereby
221	221	created as an enterprise fund.
222	222	2.] All receipts from publication of the Nevada Magazine and
223	223	Visitor Guide and from any other operation conducted by the
224	224	magazine must be deposited with the State Treasurer for credit to
225	225	the Fund [,] for Tourism and Cultural Affairs created pursuant to
226	226	section 3 of this act, and all other financial activities related to the
227	227	publication or other operations of the magazine must be accounted
228	228	for in the Fund. [Claims against the Fund must be paid as other
229	229	claims against the State are paid.] Revenue from the publication of
230	230	the Nevada Magazine and Visitor Guide may be used for the
231	231	publication and distribution to schools of educational materials
232	232	relating to the natural and cultural resources of this State.
233	233	[3.] 2. This section does not preclude Nevada Magazine and
234	234	Visitor Guide from trading its advertising services for services or
235	235	products that promote or benefit Nevada Magazine [,] and Visitor
236	236	Guide, including, without limitation, travel services which are
237	237	required by Nevada Magazine [,] and Visitor Guide, circulation
238	238	services, sponsorship of awards, memberships, entry fees for trade
239	239	shows and advertising services with other publications, if:
240	240	(a) A fair market value can be established for the service or
241	241	product;
242	242	(b) The trade is accounted for in the Fund; and
243	243	(c) The State Board of Examiners approves the trade.
244	244	– 6 –
245	245
246	246
247	247	- 82nd Session (2023)
248	248	Sec. 10. On July 1, 2023, the State Controller shall transfer
249	249	any unexpended balance in the Fund for the Nevada Magazine
250	250	created by NRS 231.290 to the Fund for Tourism and Cultural
251	251	Affairs created pursuant to section 3 of this act.
252	252	Sec. 11. This act becomes effective on July 1, 2023.
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