- 82nd Session (2023)
Senate Bill No. 477–Committee on Finance
CHAPTER..........
AN ACT relating to tourism; authorizing the Director of the
Department of Tourism and Cultural Affairs to appoint a
Deputy Director of the Division of Tourism; creating the
Fund for Tourism and Cultural Affairs; eliminating the ex
officio, nonvoting members of the Commission on Tourism;
revising provisions relating to the Nevada Magazine; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law creates the Department of Tourism and Cultural Affairs,
consisting of: (1) the Division of Tourism; (2) the Division of Museums and
History; (3) the Board of Museums and History; (4) the Nevada Arts Council; (5)
the Nevada Indian Commission; (6) the Board of the Nevada Arts Council; and (7)
the Commission on Tourism. (NRS 231.167) The Director of the Department has
various powers and duties relating to tourism and cultural affairs and is appointed
by the Governor from a list of three persons submitted to the Governor by the
Lieutenant Governor from recommendations made by: (1) voting members of the
Commission on Tourism; (2) the Chair of the Board of Museums and History; (3)
the Chair of the Nevada Indian Commission; and (4) the Chair of the Board of the
Nevada Arts Council. (NRS 231.210, 231.220)
Under existing law, the Department, through the Director, may employ certain
staff and consultants. (NRS 231.230) Section 2 of this bill authorizes the Director
to appoint a Deputy Director, who is in the unclassified service of the State, to carry
out the duties set forth in existing law for the Division of Tourism. Section 7 of this
bill makes a conforming change relating to the Deputy Director being in the
unclassified service.
Under existing law, the Commission on Tourism is composed of 11 voting
members and certain ex officio, nonvoting members who are the Chair of the Board
of Museums and History, the Chair of the Nevada Indian Commission and the
Chair of the Board of the Nevada Arts Council. (NRS 231.170) Section 5 of this
bill eliminates the ex officio, nonvoting members of the Commission on Tourism.
Under existing law, the Department, through the Division of Tourism, is
required to publish or cause to be published a magazine known as Nevada
Magazine, which must contain materials which educate the general public about
this State and thereby foster awareness and appreciation of Nevada’s heritage,
culture, historical monuments, natural wonders and natural resources. (NRS
231.260, 231.290) Sections 6, 8 and 9 of this bill rename such publication to be the
Nevada Magazine and Visitor Guide.
Existing law creates the Fund for the Nevada Magazine as an enterprise fund
for all receipts from publication of the Nevada Magazine. (NRS 231.290) Section 3
of this bill creates the Fund for Tourism and Cultural Affairs, to be administered by
the Director. Section 9: (1) eliminates the Fund for the Nevada Magazine; (2)
requires that receipts from the publication of the Nevada Magazine and Visitor
Guide be deposited in the Fund for Tourism and Cultural Affairs; and (3) authorizes
revenue from the publication of the Nevada Magazine and Visitor Guide to be used
to publish and distribute to schools educational materials relating to the natural and
cultural resources of this State.
Sections 4 and 7 of this bill make conforming changes to indicate the proper
placement of sections 2 and 3 in the Nevada Revised Statutes.
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- 82nd Session (2023)
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 231 of NRS is hereby amended by adding
thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The Director may appoint a Deputy of the
Division of Tourism in the unclassified service of the State.
2. If appointed pursuant to subsection 1, the Deputy shall:
(a) Carry out the duties of the Division set forth in NRS
231.260, 231.270 and 231.290.
(b) Except as otherwise provided in NRS 284.143, devote his or
her entire time to the duties of his or her office and shall not
follow any other gainful employment or occupation.
Sec. 3. 1. The Fund for Tourism and Cultural Affairs is
hereby created in the State Treasury, to be administered by the
Director.
2. Money in the Fund must be used to support the operations
of the Department in administering the provisions of NRS 231.161
to 231.360, inclusive, and sections 2 and 3 of this act. The money
in the Fund must remain in the Fund and does not revert to the
State General Fund at the end of any fiscal year.
3. Claims against the Fund must be paid as other claims
against the State are paid.
4. Interest and income earned on money in the Fund must be
credited to the Fund.
Sec. 4. NRS 231.161 is hereby amended to read as follows:
231.161 As used in NRS 231.161 to 231.360, inclusive, and
sections 2 and 3 of this act, unless the context otherwise requires,
the words and terms defined in NRS 231.163 and 231.165 have the
meanings ascribed to them in those sections.
Sec. 5. NRS 231.170 is hereby amended to read as follows:
231.170 1. The Commission on Tourism is composed of [:
(a) Eleven] eleven voting members as follows:
[(1)] (a) The Lieutenant Governor, who is its Chair;
[(2)] (b) Eight members, appointed by the Governor, who
are informed on and have experience in travel and tourism,
including the business of gaming; and
[(3)] (c) The chief administrative officers of the county fair
and recreation boards or, if there is no county fair and recreation
board in the county, the chair of the board of county commissioners,
of the two counties that paid the largest amount of the proceeds
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- 82nd Session (2023)
from the taxes imposed on the revenue from the rental of transient
lodging to the Department of Taxation for deposit with the State
Treasurer for credit to the Fund for the Promotion of Tourism
created by NRS 231.250 for the previous fiscal year.
[(b) The following ex officio, nonvoting members:
(1) The Chair of the Board of Museums and History;
(2) The Chair of the Nevada Indian Commission; and
(3) The Chair of the Board of the Nevada Arts Council.]
2. A change in any member of the Commission who serves
pursuant to [subparagraph (3) of] paragraph [(a)] (c) of subsection 1
that is required because of a change in the amount of the proceeds
paid to the Department of Taxation by each county must be effective
on January 1 of the calendar year immediately following the fiscal
year in which the proceeds were paid to the Department of Taxation.
3. Of the members appointed by the Governor pursuant to
[subparagraph (2) of] paragraph [(a)] (b) of subsection 1:
(a) At least one member must be a resident of a county whose
population is 700,000 or more.
(b) At least one member must be a resident of a county whose
population is 100,000 or more but less than 700,000.
(c) At least two members must be residents of counties whose
population is less than 100,000.
(d) Four members may be residents of any county in this State.
Sec. 6. NRS 231.200 is hereby amended to read as follows:
231.200 The Commission on Tourism:
1. Shall establish the policies and approve the programs and
budgets of the Division of Tourism concerning:
(a) The promotion of tourism and travel in this State; and
(b) The publication of Nevada Magazine and Visitor Guide and
other promotional material.
2. May adopt regulations to administer and carry out the
policies and programs of the Division of Tourism.
3. May from time to time create special advisory committees to
advise it on special problems of tourism. Members of special
advisory committees, other than members of the Commission, may
be paid the per diem allowance and travel expenses provided for
state officers and employees, as the budget of the Commission
permits.
Sec. 7. NRS 231.230 is hereby amended to read as follows:
231.230 1. The Department through the Director may:
(a) Employ such professional, technical, clerical and operational
employees as the operation of the Department may require; and
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- 82nd Session (2023)
(b) Employ such experts, researchers and consultants and enter
into such contracts with any public or private entities as may be
necessary to carry out the provisions of NRS 231.161 to 231.360,
inclusive [.] , and sections 2 and 3 of this act.
2. Except as otherwise provided in subsection 3, the clerical
employees of the Department are in the classified service of the
State.
3. [The] Except as otherwise provided in section 2 of this act,
the Director may appoint to the Department employees in either the
classified or unclassified service of the State, in accordance with the
historical manner of categorization, unless state or federal law or
regulation requires otherwise.
Sec. 8. NRS 231.260 is hereby amended to read as follows:
231.260 The Department, through the Division of Tourism,
shall:
1. Promote this State so as to increase the number of domestic
and international tourists.
2. Promote special events and exhibitions which are designed
to increase tourism.
3. Develop a State Plan to Promote Travel and Tourism in
Nevada.
4. Develop a comprehensive program of marketing and
advertising, for both domestic and international markets, which
publicizes travel and tourism in Nevada in order to attract more
visitors to this State or lengthen their stay.
5. Provide and administer grants of money or matching grants
to political subdivisions of the State, to fair and recreation boards,
and to local or regional organizations which promote travel and
tourism, to assist them in:
(a) Developing local programs for marketing and advertising
which are consistent with the State Plan.
(b) Promoting specific events and attractions in their
communities.
(c) Evaluating the effectiveness of the local programs and
events.
Each recipient must provide an amount of money, at least equal
to the grant, for the same purpose, except, in a county whose
population is less than 55,000, the Division of Tourism may, if
convinced that the recipient is financially unable to do so, provide a
grant with less than equal matching money provided by the
recipient.
6. Coordinate and assist the programs of travel and tourism of
counties, cities, local and regional organizations for travel and
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- 82nd Session (2023)
tourism, fair and recreation boards and transportation authorities in
the State. Local governmental agencies which promote travel and
tourism shall coordinate their promotional programs with those of
the Division of Tourism.
7. Encourage cooperation between public agencies and private
persons who have an interest in promoting travel and tourism in
Nevada.
8. Compile or obtain by contract, keep current and disseminate
statistics and other marketing information on travel and tourism in
Nevada.
9. Prepare and publish brochures, travel guides, directories and
other materials which promote travel and tourism in Nevada.
10. Publish or cause to be published a magazine to be known
as the Nevada Magazine [.] and Visitor Guide. The Nevada
Magazine and Visitor Guide must contain materials which educate
the general public about this State and thereby foster awareness and
appreciation of Nevada’s heritage, culture, historical monuments,
natural wonders and natural resources.
Sec. 9. NRS 231.290 is hereby amended to read as follows:
231.290 1. [The Fund for the Nevada Magazine is hereby
created as an enterprise fund.
2.] All receipts from publication of the Nevada Magazine and
Visitor Guide and from any other operation conducted by the
magazine must be deposited with the State Treasurer for credit to
the Fund [,] for Tourism and Cultural Affairs created pursuant to
section 3 of this act, and all other financial activities related to the
publication or other operations of the magazine must be accounted
for in the Fund. [Claims against the Fund must be paid as other
claims against the State are paid.] Revenue from the publication of
the Nevada Magazine and Visitor Guide may be used for the
publication and distribution to schools of educational materials
relating to the natural and cultural resources of this State.
[3.] 2. This section does not preclude Nevada Magazine and
Visitor Guide from trading its advertising services for services or
products that promote or benefit Nevada Magazine [,] and Visitor
Guide, including, without limitation, travel services which are
required by Nevada Magazine [,] and Visitor Guide, circulation
services, sponsorship of awards, memberships, entry fees for trade
shows and advertising services with other publications, if:
(a) A fair market value can be established for the service or
product;
(b) The trade is accounted for in the Fund; and
(c) The State Board of Examiners approves the trade.
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- 82nd Session (2023)
Sec. 10. On July 1, 2023, the State Controller shall transfer
any unexpended balance in the Fund for the Nevada Magazine
created by NRS 231.290 to the Fund for Tourism and Cultural
Affairs created pursuant to section 3 of this act.
Sec. 11. This act becomes effective on July 1, 2023.
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