Senate Bill No. 471–Committee on Government Affairs

 

March 23, 2001

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Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes concerning adjutant general. (BDR 36‑1347)

 

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 state military; provides for the removal by the governor of a person appointed to serve as adjutant general before the end of his term; changing the qualifications for appointment as adjutant general and for appointment as an assistant adjutant general; 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 office for a 4-year term or until removed by the governor, relieved by

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

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

1-6  continue until its prescribed expiration date while such adjutant general is

1-7  serving in a federal active duty status under an order or call by the

1-8  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 or have been an officer [of the Nevada National Guard,] in

1-11  the Armed Forces of the United States, federally recognized in the grade

1-12  of lieutenant colonel or higher . [, and must have completed at least 6

1-13  years’ service in the Nevada National Guard as a federally recognized

1-14  officer, 3 years of which must be 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 412.054 is hereby amended to read as follows:

1-20    412.054  1.  The adjutant general may appoint two assistant adjutants

1-21  general, [one each from the Nevada Army National Guard and the Nevada

1-22  Air National Guard,] who may serve as chief of staff for army and chief of

1-23  staff for air, respectively, at the pleasure of the adjutant general or until

2-1  relieved by reason of resignation, withdrawal of federal recognition or for

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

2-3    2.  To be eligible for appointment to the office of assistant adjutant

2-4  general, a person must be or have been an officer [of the Nevada National

2-5  Guard,] in the Armed Forces of the United States, federally recognized in

2-6  the grade of lieutenant colonel or higher . [, and must have completed at

2-7  least 6 years’ service in the Nevada National Guard as a federally

2-8  recognized officer, 3 years of which must be immediately before his

2-9  appointment.]

2-10    3.  An assistant adjutant general may be appointed in the grade of

2-11  lieutenant colonel or higher, but not exceeding that of brigadier general. He

2-12  may be promoted by the governor to any grade not exceeding that of

2-13  brigadier general.

2-14    4.  The assistant adjutants general shall perform such duties as may be

2-15  assigned by the adjutant general.

2-16    5.  Whoever serves as chief of staff for army is in the unclassified

2-17  service of the state and, except as otherwise provided in NRS 284.143,

2-18  shall not hold any other city, county, state or federal office of profit.

2-19    6.  In the event of the absence or inability of the adjutant general to

2-20  perform his duties, he shall designate by office regulations:

2-21    (a) One of the assistant adjutants general to perform the duties of his

2-22  office as acting adjutant general.

2-23    (b) If neither assistant adjutant general is available, any national guard

2-24  officer to be the acting adjutant general.

2-25  The designated assistant adjutant general or designated officer may

2-26  continue to receive his authorized salary while so serving as acting adjutant

2-27  general, and shall so serve until the adjutant general is again able to

2-28  perform the duties of his office, or if the office is vacant, until an adjutant

2-29  general is regularly appointed and qualified.

2-30    Sec. 3.  This act becomes effective on July 1, 2001.

 

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