Senate Bill No. 383–Senator Jacobsen

 

March 19, 2001

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Referred to Committee on Government Affairs

 

SUMMARY—Revises voting procedures for certain regional planning commissions. (BDR 22‑1162)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to regional planning commissions; revising the voting procedures for certain regional planning commissions if there is a proposed amendment to the comprehensive regional plan regarding annexation; 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 278.0272 is hereby amended to read as follows:

1-2    278.0272  1.  The regional planning commission shall develop a

1-3  comprehensive regional plan for the physical development and orderly

1-4  management of the growth of the region for the next 20 years.

1-5    2.  The plan must consist of written text, appropriate maps and such

1-6  goals and policies, including those addressing current and future problems,

1-7  as may, in the opinion of the commission, affect the region as a whole and

1-8  are proper for inclusion in the regional plan.

1-9    3.  In developing the plan, the commission shall:

1-10    (a) Review and consider each existing regional plan and master plan

1-11  that has been adopted pursuant to the provisions of this chapter and that

1-12  applies to any area in the region, and any similar plan of a local

1-13  government, and may seek and consider the advice of each local planning

1-14  commission and any other affected entity; and

1-15    (b) Coordinate the elements of the plan and make them consistent with

1-16  each other.

1-17    4.  Before approving the plan, the commission must hold a public

1-18  hearing on the proposed plan in each of the cities within the region and in

1-19  the unincorporated area of the county.

1-20    5.  Before amending the plan, the commission must hold at least one

1-21  public hearing on the proposed amendment at a location in the region.

2-1    6.  [The] Except as otherwise provided in subsection 7, the approval of

2-2  the plan or any amendment to it must be by resolution of the commission

2-3  carried by the affirmative votes of not less than two-thirds of its total

2-4  membership.

2-5    7.  Members of the commission who represent the local planning

2-6  commission of a city or county that is not directly affected by a proposed

2-7  amendment to the plan regarding annexation may not vote on such an

2-8  amendment. The adoption of such an amendment must be carried by the

2-9  affirmative votes of not less than a majority of the members of the

2-10  commission who may vote on the proposed amendment. All members of

2-11  the commission may participate in the hearings and consideration of

2-12  such an amendment.

2-13    8.  The regional planning commission shall review the plan annually,

2-14  update it not less than every 5 years, and forward its recommendations

2-15  regarding proposed amendments to the plan to the governing board for

2-16  adoption. Amendments to the comprehensive regional plan may be

2-17  proposed only by the regional planning commission, the governing board

2-18  or a local governing body. Except as otherwise provided in subsection [8,]

2-19  9, all requests for amendments to the plan must be studied and considered

2-20  at public hearings held annually by the commission.

2-21    [8.] 9.  The commission may consider a proposed amendment and

2-22  determine whether it is necessary to the health and welfare of the

2-23  community or substantially benefits the community in general. If the

2-24  commission determines that the amendment is necessary, it may schedule a

2-25  public hearing on the amendment at any time. Any person may appeal the

2-26  determination of the commission to the governing board.

2-27    [9.] 10.  Except as otherwise provided in this subsection, notice of the

2-28  time and place of each hearing required by the provisions of this section

2-29  must be given by publication in a newspaper of general circulation in the

2-30  region at least 10 days before the day of the hearing. If there is more than

2-31  one newspaper of general circulation in the region, notice must be given by

2-32  publication in at least two such newspapers. Notice of the time and place of

2-33  the initial meeting of the regional planning commission and the hearing at

2-34  which the commission receives testimony concerning final approval of the

2-35  comprehensive regional plan must be given by publication at least 30 days

2-36  before the day of the meeting or hearing. Notice given pursuant to this

2-37  subsection must be a display advertisement of not less than 3 inches by 5

2-38  inches.

2-39    Sec. 2.  This act becomes effective on July 1, 2001.

 

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