2022 Nevada Revised Statutes
Chapter 321 - Administration, Control and Transfer of State Lands
NRS 321.740 - Creation; appointment, number, nominations, terms and expenses of members.

Universal Citation: NV Rev Stat § 321.740 (2022)

1. The Land Use Planning Advisory Council is hereby created. The Advisory Council consists of:

(a) Eighteen voting members appointed by the Governor, as follows:

(1) One member from each county in this State who represents that county; and

(2) One member who represents the Nevada Indian Commission.

(b) One nonvoting member appointed by the Nevada Association of Counties, or its successor organization.

(c) One nonvoting member appointed by the Nevada League of Cities and Municipalities, or its successor organization.

2. The provisions of subsection 6 of NRS 232A.020 do not apply to members of the Advisory Council who also serve as county commissioners, and the Governor may appoint any such member of the Advisory Council to one other board, commission or similar body.

3. Each board of county commissioners and the Nevada Indian Commission shall, at least 30 days before the beginning of any term of the representative of the county or the Nevada Indian Commission, or within 30 days after the position of that representative becomes vacant, submit to the Governor the name of its nominee or a list of the names of not more than three nominees who are elected officials or other representatives of the county or of the Nevada Indian Commission, as applicable, for the position to be filled. If a board of county commissioners or the Nevada Indian Commission submits the names of two or more nominees, the board or the Nevada Indian Commission, as applicable, shall number its nominees in order of preference. That order of preference is not binding upon the Governor. The Governor shall appoint the person so nominated or, if more than one person is nominated, one of the persons from the list of nominees.

4. If:

(a) A board of county commissioners fails to submit the name of its nominee or a list of nominees within the time required by this subsection or subsection 3, the Governor may appoint to the Advisory Council any resident of that county as the representative of the county.

(b) The Nevada Indian Commission fails to submit the name of its nominee or a list of nominees within the time required by subsection 3, the Governor may appoint any resident of the State who has experience working with tribal governments in this State and who has knowledge of natural resource issues pertaining to tribal lands in this State as the representative of the Nevada Indian Commission.

(c) A board of county commissioners or the Nevada Indian Commission has timely submitted the name of its nominee or a list of nominees pursuant to subsection 3 and the Governor fails to appoint a person so nominated:

(1) If one person has been nominated, that person; or

(2) If two or more persons have been nominated, the person listed by the board or the Nevada Indian Commission, as applicable, first in order of preference,

shall be deemed to be a voting member of the Advisory Council as of the beginning of the new term or, in the case of an appointment to fill a vacancy, the first meeting of the Advisory Council that is held not less than 30 days after the submission of the nomination unless, before that date, the Governor notifies the board or the Nevada Indian Commission, as applicable, in writing that none of its nominees will be appointed to the Advisory Council. Within 30 days after the date of any such notice, the board or the Nevada Indian Commission, as applicable, shall submit to the Governor the name of a new nominee or a list of new nominees.

5. Except as otherwise provided in this subsection, each voting member serves a term of 3 years. If a voting member appointed pursuant to subparagraph (1) of paragraph (a) of subsection 1 is an elected official of the county that he or she represents on the Advisory Council and he or she does not become a candidate for reelection or is defeated for reelection, the board of county commissioners of that county may end the person’s membership on the Advisory Council before the expiration of his or her 3-year term. If the board of county commissioners ends the person’s membership on the Advisory Council pursuant to this subsection:

(a) That person’s membership on the Advisory Council ends on the date on which his or her term of office as an elected official of the county ends; and

(b) A vacancy exists in the membership of the Advisory Council that must be filled for the remainder of the unexpired term pursuant to subsection 3 or 4, as applicable.

6. Any voting member is eligible for reappointment to the Advisory Council.

7. The nonvoting members of the Advisory Council serve at the pleasure of the appointing authority.

8. At its first meeting each year, the Advisory Council shall elect a Chair and Vice Chair from among its voting members.

9. A majority of the voting members of the Advisory Council constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the Advisory Council.

10. A board of county commissioners may provide that, while engaged in the business of the Advisory Council, a voting member of the Advisory Council is entitled to receive from the county he or she represents the per diem allowance and travel expenses provided by law for state officers and employees generally.

(Added to NRS by 1973, 819; A 1977, 1191, 1478, 1556; 2013, 342; 2021, 3398)

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