Creation; membership; terms of members; compensation; oath of office.

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1. The Commission on Off-Highway Vehicles is hereby created in the State Department of Conservation and Natural Resources.

2. The Commission consists of:

(a) One member who is an authorized dealer, appointed by the Governor;

(b) One member who is a sportsman, appointed by the Governor from a list of persons submitted by the Director of the Department of Wildlife;

(c) One member who is a rancher, appointed by the Governor from a list of persons submitted by the Director of the State Department of Agriculture;

(d) One member who is a representative of the Nevada Association of Counties, appointed by the Governor from a list of persons submitted by the Executive Director of the Association;

(e) One member who is a representative of law enforcement, appointed by the Governor from a list of persons submitted by the Nevada Sheriffs’ and Chiefs’ Association;

(f) One member who is actively engaged in and possesses experience and expertise in advocating for issues relating to conservation, appointed by the Governor; and

(g) Three members, appointed by the Governor, who reside in the State of Nevada and have participated in recreational activities for off-highway vehicles for at least 5 years using the type of off-highway vehicle owned or operated by the persons they will represent, as follows:

(1) One member who represents persons who own or operate all-terrain vehicles;

(2) One member who represents persons who own or operate all-terrain motorcycles and who is involved with or participates in the racing of off-highway motorcycles; and

(3) One member who represents persons who own or operate snowmobiles.

3. The following are nonvoting, ex officio members of the Commission:

(a) The State Director of the Nevada State Office of the Bureau of Land Management;

(b) The Forest Supervisor for the Humboldt-Toiyabe National Forest;

(c) The Director of the Department of Tourism and Cultural Affairs; and

(d) The Director of the Department of Motor Vehicles.

4. A nonvoting, ex officio member of the Commission may appoint, in writing, an alternate to serve in his or her place on the Commission.

5. The Governor shall not appoint to the Commission any member described in paragraph (g) of subsection 2 unless the member has been recommended to the Governor by an off-highway vehicle organization. As used in this subsection, "off-highway vehicle organization" means a profit or nonprofit corporation, association or organization formed pursuant to the laws of this State and which promotes off-highway vehicle recreation or racing.

6. After the initial terms, each member of the Commission appointed pursuant to subsection 2 serves for a term of 3 years. A vacancy on the Commission must be filled in the same manner as the original appointment.

7. Except as otherwise provided in this subsection, a member of the Commission who is appointed may not serve more than two consecutive terms on the Commission. A member who has served two consecutive terms on the Commission may be reappointed if the Governor does not receive any applications for that member’s seat or if the Governor determines that no qualified applicants are available to fill that member’s seat.

8. The Governor shall ensure that, insofar as practicable, the members appointed to the Commission pursuant to subsection 2 reflect the geographical diversity of this State.

9. Each member of the Commission:

(a) Is entitled to receive, if money is available for that purpose, the per diem allowance and travel expenses provided for state officers and employees generally.

(b) Who is not an officer or employee of the State of Nevada is entitled to receive, if money is available for that purpose, a salary of not more than $80 per day for each day of attendance at a meeting of the Commission.

(c) Shall swear or affirm that he or she will work to create and promote responsible off-highway vehicle recreation in the State.

10. A member of the Commission who is appointed by the Governor and who fails to attend at least three consecutive meetings of the Commission is subject to replacement. The Commission shall notify the appointing authority or group who recommended the member for appointment, if any, and the appointing authority or group may recommend a person to replace that member of the Commission. The replacement of a member pursuant to this subsection must be conducted in the same manner as the original appointment.

(Added to NRS by 2009, 3082; A 2011, 292; 2013, 2760; 2017, 3320)


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