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2008 Nevada Attorney General Reports and Opinions 1 (2008)

handle is hein.sag/sagnv0006 and id is 1 raw text is: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Office of the Attorney General 100 N. Carson St. Carson City, NV 89701 STATE OF NEVADA OFFICE OF THE ATTORNEY GENERAL In the Matter of: NEVADA DISCOVERY MUSEUM ) ) ) ) ) Attorney General File No. 07-042 OMLO 2008-01 1. INTRODUCTION This office received a request for an opinion as to whether the Nevada Discovery Museum (Museum) is subject to the Open Meeting Law (OML) because the 2007 Legislature appropriated $1 million for its use. The 2007 Legislature appropriated $1 million for construction and initial operating expenses for the Museum.' The issue is whether the Museum (a private nonprofit corporation) and its Board of Directors is subject to the OML based on receipt of public money. II. FINDINGS OF FACT The Museum's Articles of Incorporation and Bylaws show it was incorporated in 2004 as a private nonprofit corporation (NRS Chapter 82) and is recognized under federal law as a Section 501(3)(c) corporation. We reviewed Senate Bill 443 § 16 (2007) for more information regarding the purpose for which the Legislature appropriated $1 million. The Legislative appropriation was exclusively designated for construction and initial operating expenses. The Legislative appropriation sunsets June 30, 2011, after which the remaining balance of the appropriation may not be committed by the Museum for future use. S.B. 443, § 17 (2007). The Museum is empowered to raise money by solicitation and donation. Following construction and initial operation, the Museum must become self supporting. // Senate Bill No. 443 (2007), Sec. 16. (1.) states: There is hereby appropriated from the State General Fund to the disbursement account created by section 1 of this act for the use of the Nevada Discovery Museum in Reno the sum of $1,000,000 for capital construction and initial operating expenses. 1

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