NRS281.060. Preferential employment by State and political subdivisions; employment of aliens; penalty.

      1.  Only citizens or wards of the United States or persons who have been honorably discharged from the military service of the United States may be employed by any officer of the State of Nevada, by any political subdivision of the State, or by any person acting under or for such an officer in any office or department of the State of Nevada or political subdivision of the State.

      2.  In all cases where persons are so employed, preference must be given, if the qualifications of the applicants are equal:

      (a) First: To honorably discharged military personnel of the United States who are citizens of the State of Nevada.

      (b) Second: To other citizens of the State of Nevada.

      3.  Nothing in this section prevents:

      (a) The working of prisoners by the State of Nevada or by any political subdivision of the State, on street or road work or other public work.

      (b) The employment of aliens, who have not forfeited their right to citizenship by claiming exemption from military service, as common laborers in the construction of public roads, when it can be shown that citizens or wards of the United States or persons who have been honorably discharged from the military service of the United States are not available for such employment. Any alien so employed must be replaced by a citizen, ward or ex-service person of the United States applying for employment.

      (c) The employment of any teacher, instructor or professor authorized to teach in the United States under the teacher-exchange programs as authorized by federal laws enacted by the Congress of the United States.

      (d) Except as otherwise provided in this paragraph, the employment of aliens by the Nevada System of Higher Education in the technical, graduate assistant and student categories. Except in the foreign language departments, not more than 5 percent of the total number of persons employed in the technical, graduate assistant and student categories may be aliens.

      (e) Employment of aliens in any state or political subdivision hospital.

      4.  Subject to the exceptions contained in this section, money must not be paid out of the State Treasury or out of the treasury of any political subdivision of the State to any person employed on any of the work mentioned in this section unless the person is a citizen or ward or naturalized citizen of the United States.

      5.  Any officer of the State of Nevada, or of any political subdivision of the State, or any person acting under or for such an officer, or any other person who violates any of the provisions of this section is guilty of a misdemeanor. The penalties provided for in this section do not apply where the violations result from misrepresentations made by the employee by the production of fraudulent papers evidencing citizenship in the United States.

      [Part 1:168:1919; A 1921, 205; 1929, 89; NCL § 6173] + [3:168:1919; 1919 RL p. 2965; NCL § 6175] + [Part 4:168:1919; A 1921, 205; NCL § 6176]—(NRS A 1963, 289; 1967, 547; 1969, 400, 879, 1425; 1973, 222; 1993, 372)