Assembly Bill No. 172–Assemblymen Angle, Berman, Carpenter, Claborn, Gustavson, Humke, Lee, Marvel, Mortenson, Tiffany and Von Tobel

 

February 15, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions governing adjutant general and office of the military. (BDR 36‑913)

 

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.

 

AN ACT relating to the state militia; eliminating certain qualifications for appointment to the office of adjutant general or assistant adjutant general; providing that civilian state employees of the office of the military must be directly supervised by certain persons; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 412.044 is hereby amended to read as follows:

1-2    412.044  1.  The governor shall appoint an adjutant general who [shall

1-3  hold] holds office for a 4-year term or until relieved by reason of

1-4  resignation, withdrawal of federal recognition or for cause to be

1-5  determined by a court-martial. The current term of an adjutant general

1-6  [shall continue] continues until its prescribed expiration date while [such]

1-7  the adjutant general is serving in a federal active duty status under an order

1-8  or call by the President of the United States.

1-9    2.  To be eligible for appointment to the office of adjutant general, a

1-10  person must be an officer of the Nevada National Guard[,] and must be

1-11  federally recognized in the grade of lieutenant colonel or higher . [, and

1-12  must have completed at least 6 years’ service in the Nevada National

1-13  Guard as a federally recognized officer, 3 years of which must be

1-14  immediately prior to his appointment.]

1-15    3.  The adjutant general may be appointed in the grade of lieutenant

1-16  colonel or higher, but not exceeding that of major general. If appointed in a

1-17  lower grade, he may be promoted by the governor to any grade not

1-18  exceeding that of major general.

1-19    Sec. 2.  NRS 412.048 is hereby amended to read as follows:

2-1    412.048  The adjutant general [shall serve] serves as the chief of staff

2-2  to the governor, the director of the office [of the military] and the

2-3  commander of the Nevada National Guard, and:

2-4    1.  Is responsible, under the direction of the governor, for the

2-5  supervision of all matters pertaining to the administration, discipline,

2-6  mobilization, organization and training of the Nevada National Guard,

2-7  Nevada National Guard Reserve and volunteer organizations licensed by

2-8  the governor.

2-9    2.  Shall perform all duties required of him by the laws of the United

2-10  States and of the State of Nevada, and the regulations issued thereunder.

2-11    3.  Shall employ such deputies, assistants and other personnel as he

2-12  deems necessary to assist him in the performance of [those] the duties

2-13  required of him as director of the office. [He] The adjutant general may so

2-14  employ [either] members of the Nevada National Guard or civilian

2-15  personnel. The duties of all deputies, assistants and other personnel

2-16  appointed must be prescribed by office regulations. All such employees are

2-17  in the unclassified service of the state except civilian, clerical,

2-18  administrative, maintenance and custodial employees who are in the

2-19  classified service of the state. Except as otherwise provided by federal law

2-20  or regulation, a person who is a civilian state employee of the office must

2-21  be directly supervised by the governor, the adjutant general or a state

2-22  employee of the office who is the supervisor of that person.

2-23    Sec. 3.  NRS 412.054 is hereby amended to read as follows:

2-24    412.054  1.  The adjutant general may appoint two assistant adjutants

2-25  general, one each from the Nevada Army National Guard and the Nevada

2-26  Air National Guard, who may serve as chief of staff for army and chief of

2-27  staff for air, respectively, at the pleasure of the adjutant general or until

2-28  relieved by reason of resignation, withdrawal of federal recognition or for

2-29  cause to be determined by a court-martial.

2-30    2.  To be eligible for appointment to the office of assistant adjutant

2-31  general, a person must be an officer of the Nevada National Guard[,] and

2-32  must be federally recognized in the grade of lieutenant colonel or higher .

2-33  [, and must have completed at least 6 years’ service in the Nevada National

2-34  Guard as a federally recognized officer, 3 years of which must be

2-35  immediately before his appointment.]

2-36    3.  An assistant adjutant general may be appointed in the grade of

2-37  lieutenant colonel or higher, but not exceeding that of brigadier general.

2-38  [He] An assistant adjutant general may be promoted by the governor to

2-39  any grade not exceeding that of brigadier general.

2-40    4.  The assistant adjutants general shall perform such duties as may be

2-41  assigned by the adjutant general.

2-42    5.  [Whoever] A person who serves as chief of staff for army is in the

2-43  unclassified service of the state and, except as otherwise provided in NRS

2-44  284.143, shall not hold any other city, county, state or federal office of

2-45  profit.

2-46    6.  In the event of the absence or inability of the adjutant general to

2-47  perform his duties, he shall designate by office regulations:

2-48    (a) One of the assistant adjutants general to perform the duties of his

2-49  office as acting adjutant general.

3-1    (b) If neither assistant adjutant general is available, any national guard

3-2  officer to be the acting adjutant general.

3-3  The designated assistant adjutant general or designated officer may

3-4  continue to receive his authorized salary while so serving as acting adjutant

3-5  general, and shall so serve until the adjutant general is again able to

3-6  perform the duties of his office, or if the office is vacant, until an adjutant

3-7  general is regularly appointed and qualified.

3-8    Sec. 4.  This act becomes effective on July 1, 2001.

 

3-9  H