Nevada 2021 Regular Session Status: Enacted

AB 52 — Makes various changes related to the Land Use Planning Advisory Council. (BDR 26-342)

Last action — Chapter 510.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 18, 2020. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

203 added · 194 removed

203 line(s) added, 194 removed.

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(Reprinted with amendments adopted on April 14, 2021) FIRST REPRINT A.B.
Assembly Bill No.
52 A SSEMBLY B ILLN O.
52–Committee on Natural Resources CHAPTER..........
52–COMMITTEE ON NATURAL R ESOURCES (ON B EHALF OF THE D IVISION OFSTATE L ANDS OF THE STATE D EPARTMENT OF C ONSERVATION AND N ATURAL R ESOURCES ) PREFILED N OVEMBER 18, 2020 ____________ Referred to Committee on Government Affairs SUMMARY—Makes various changes related to the Land Use Planning Advisory Council.
(BDR 26-342) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegExisting law creates the Land Use Planning Advisory Council, which advises the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources and the State Land Use Planning Agency on issues relating to land use planning.
LegiExisting law creates the Land Use Planning Advisory Council, which advises the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources and the State Land Use Planning Agency on issues relating to land use planning.
(NRS 321.740, 321.750) The Advisory Council consists of 17 voting members appointed by the Governor and 1 nonvoting member appointed by the Nevada Association of Counties.
(NRS 321.740, 321.750) The Advisory Council consists of 17 voting members appointed by the Governor, with 1 voting member representing each county of the State, and 1 nonvoting member appointed by the Nevada Association of Counties.
(1) one voting member appointed by the Nevada League of Cities and Municipalities.ting member appointed by the Nevada Existing law provides that the term of a voting member of the Advisory Council is 3 years.
(1) one voting member appointed by the Governor to represent the Nevada Indian Commission;
and (2) one nonvoting member appointed by the NevaExisting law provides that if a board of county commissioners fails to submit the name of its nominee or nominees for membership on the Advisory Council, the Governor may appoint any resident of that county to represent that county.
(NRS 321.740) Section 1 provides that if the Nevada Indian Commission fails to submit the name of its nominee or nominees for membership on the Advisory Council, 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.
Council is 3 years.
In such a circumstance, section 1 authorizes the board of county commissioners to end the person’s term.
In such a circumstance, section 1 authorizes the board of county commissioners to end the person’s membership on the Advisory Council before the expiration of the person’s 3-year term.
If the board of county commissioners ends the person’s membership on ther - *AB52_R1* – 2 – Advisory Council:
If the board of county commissioners ends the person’s membership on the Advisory Council:
and (2) a vacancy exists on the Advisory Council that must be filled for the remExisting law requires the Advisory Council to elect a Chair.
remainder of the unexpired term.Advisory Council that must be filled for the Existing law requires the Advisory Council to elect a Chair.
(2) assist and make recommendations related to areas of critical environmental concern.ted;
(2) assist and advise in the resolution of inconsistencies in land use plans, if requested;
and (3) Section 3 of this bill changes the minimum period required to be given in existing law for notice of certain public hearings of the Advisory Council by publication in newspapers from 20 days to 10 days before the hearing.
and (3) make recommendations related to areas of critical environmental concern.
(NRS 321.770) THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
- 81st Session (2021) – 2 – existing law for notice of certain public hearings of the Advisory Council by publication in newspapers from 20 days to 10 days before the hearing.
(NRS 321.770) 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:
(a) Seventeen voting members appointed by the Governor .
(a) Eighteen voting members appointed by the Governor [and 1] , as follows:
[and 1] (b) One voting member appointed by the Nevada Indian Commission.
(1) One member from each county in this State who represents that county;
(c) One nonvoting member appointed by the Nevada Association of Counties, or its successor organization .
and (2) One member who represents the Nevada Indian Commission.
[, is hereby created.] (d) One nonvoting member appointed by the Nevada League of Cities and Municipalities, or its successor organization.
(b) One nonvoting member appointed by the Nevada Association of Counties, or its successor organization .
[, is hereby created.] (c) One nonvoting member appointed by the Nevada League of Cities and Municipalities, or its successor organization.
[2.] 3.
[2.
One voting member must be appointed pursuant to paragraph (a) of subsection 1 by the Governor to the Advisory Council to represent each county.
One voting member must be appointed to the Advisory Council to represent each county.
At least 30 days before the beginning of any term of the representative of a county, or within 30 days after the position of that representative becomes vacant, the board of county commissioners of that county shall 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 for the position to be filled.
At] 3.
If a board of county commissioners submits the names of two or more - *AB52_R1* – 3 – nominees, the board shall number its nominees in order of preference.
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 [a] the county [,] or the Nevada Indian Commission, or within 30 days after the position of that representative becomes vacant, [the board of county commissioners or a list of the names of not more than three nominees who areominee elected officials or other representatives of the county or of the Nevada Indian Commission, as applicable, for the position to be filled.
That order of preference is not binding upon the Governor.
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 - 81st Session (2021) – 3 – binding upon the Governor.
If 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 [2,] 3, the Governor may appoint to the Advisory Council any resident of that county as the representative of the county.
If [a] :
If a board has timely submitted the name of its nominee or a list of nominees and the Governor fails to appoint a person so nominated:
(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 [2,] 3, the Governor may appoint to the Advisory Council any resident of that county as the representative of the county.
(a) If one person has been nominated, that person;
[If a] (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.
or (b) If two or more persons have been nominated, the person listed by the board 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 in writing that none of its nominees will be appointed to the Advisory Council.
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:
Within 30 days after the date of any such notice, the board shall submit to the Governor the name of a new nominee or a list of new nominees.
[(a)] (1) If one person has been nominated, that person;
Show all 53 changed rows (13 more)
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[4.
or [(b)] (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 name of a new nominee or a list of new nominees.o the Governor the [4.
If a voting member appointed pursuant to 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 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 - 81st Session (2021) – 4 – membership on the Advisory Council before the expiration of his or her 3-year term.
(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;
on the date on which his or her term of office as an elected official of the county ends;
- *AB52_R1* – 4 – [5.] 7.
[5.] 7.
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.
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 genSec.
Sec.
Advise any federal or state agency or local government on land use planning and policy, including, without limitation, developing a statement of policy, drafting a resolution or providing formal comment on land use planning policies and land management projects of any federal or state agency or local government.
Advise any federal or state agency or local government on land use planning and policy, including, without limitation, developing a statement of policy, drafting a resolution or providing formal comment on land use planning policies and land - 81st Session (2021) – 5 – management projects of any federal or state agency or local government.
(a) When the Governor directs that the Agency review and assist in land use planning for an area the Governor finds to be of critical environmental concern.
(a) When the Governor directs that the Agency review and assist environmental concern.or an area the Governor finds to be of critical (b) When one or more local government entities request that the Agency advise and assist in land use planning for an area which affects them and which they consider to be of critical environmental concern.
- *AB52_R1* – 5 – (b) When one or more local government entities request that the Agency advise and assist in land use planning for an area which affects them and which they consider to be of critical environmental concern.
procedures one or more public hearings upon notice given by atits least one publication at least [20] 10 days before the hearing in a newspaper or combination of newspapers having general circulation throughout the area affected and each city and county any portion of whose territory lies within such area.
3.
The Land Use Planning Advisory Council shall include in its procedures one or more public hearings upon notice given by at least one publication at least [20] 10 days before the hearing in a newspaper or combination of newspapers having general circulation throughout the area affected and each city and county any portion of whose territory lies within such area.
H - *AB52_R1*
~~~~~ 21 - 81st Session (2021)
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Amendments

2 amendments

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Action History

  1. Chapter 510.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Senate Amendment No. 509 concurred in. To enrollment.

  5. From printer. To re-engrossment. Re-engrossed. Second reprint. Read third time. Passed, as amended. Title approved. (Yeas: 21, Nays: None.) To Assembly. In Assembly.

  6. Read second time. Amended. (Amend. No. 509.) To printer.

  7. From committee: Amend, and do pass as amended.

  8. In Senate. Read first time. Referred to Committee on Natural Resources. To committee.

  9. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 42, Nays: None.) To Senate.

  10. Read second time. Amended. (Amend. No. 171.) To printer.

  11. From committee: Amend, and do pass as amended. Placed on Second Reading File. Taken from Second Reading File. Placed on Second Reading File for next legislative day.

  12. To committee.

  13. Read first time.

  14. From printer.

  15. Prefiled. Referred to Committee on Government Affairs. To printer.

Sponsors

  • Assembly Committee on Natural Resources · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Assembly Committee on Natural Resources

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

Who sponsors AB 52?
AB 52 is sponsored by Assembly Committee on Natural Resources.
What is the current status of AB 52?
This bill has been enacted into law. Introduced November 18, 2020. Enacted.
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