Assembly Bill No. 57–Assemblywoman Von Tobel
Prefiled January 26, 1999
____________
Referred to Committee on Elections, Procedures, and Ethics
SUMMARY—Prohibits lobbyists from giving, and legislators from accepting, certain gifts. (BDR 17-63)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
~
EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 218.906 is hereby amended to read as follows:1-2
218.906 "Expenditure" means any advance, conveyance, deposit,1-3
distribution, transfer of funds, loan, payment, pledge or subscription of1-4
money or anything of value,1-5
payment of a membership fee otherwise exempted pursuant to NRS1-6
218.926 and any contract, agreement, promise or other obligation, whether1-7
or not legally enforceable, to make any expenditure while the legislature is1-8
in session.1-9
Sec. 2. NRS 218.908 is hereby amended to read as follows: 218.908 1. "Gift" means a payment, subscription, advance,1-11
forbearance, providing entertainment, rendering or deposit of money,1-12
services or anything of value unless consideration of equal or greater value1-13
is received.1-14
2. "Gift" does not include a political contribution of money or services1-15
related to a political campaign, a commercially reasonable loan made in the1-16
ordinary course of business,1-17
food or beverages, or anything of value received from a member of the1-18
recipient’s immediate family or from a relative of the recipient or his2-1
spouse within the third degree of consanguinity or from the spouse of any2-2
such relative.2-3
Sec. 3. NRS 218.926 is hereby amended to read as follows: 218.926 1. Each registrant shall file with the director within 30 days2-5
after the close of the legislative session a final report signed under penalty2-6
of perjury concerning his lobbying activities. In addition, each registrant2-7
shall file with the director between the 1st and 10th day of the month after2-8
each month that the legislature is in session a report concerning his2-9
lobbying activities during the previous month, whether or not any2-10
expenditures were made. Each report must be on a form prescribed by the2-11
director and must include the total expenditures, if any, made by the2-12
registrant on behalf of a legislator or an organization whose primary2-13
purpose is to provide support for legislators of a particular political party2-14
and house, including expenditures made by others on behalf of the2-15
registrant if the expenditures were made with the registrant’s express or2-16
implied consent or were ratified by the registrant. The report must identify2-17
each legislator and each organization whose primary purpose is to provide2-18
support for legislators of a particular political party and house on whose2-19
behalf expenditures were made and must be itemized with respect to each2-20
such legislator and organization. An expenditure on behalf of a person2-21
other than a legislator or an organization whose primary purpose is to2-22
provide support for legislators of a particular political party and house need2-23
not be reported pursuant to this section unless the expenditure is made for2-24
the benefit of a legislator or such an organization.2-25
2. If expenditures made by or on behalf of a registrant during the2-26
previous month exceed $50, the report must include a compilation of2-27
expenditures, itemized in the manner required by the regulations of the2-28
legislative commission, in the following categories:2-29
(a)2-30
2-31
hosted by the organization represented by the registrant;2-32
2-33
(b) Loans, including money, services and anything of value provided to2-34
a legislator, to an organization whose primary purpose is to provide support2-35
for legislators of a particular political party and house, or to any other2-36
person for the benefit of a legislator or such an organization; and2-37
2-38
not including personal expenditures for food, lodging and travel expenses2-39
or membership dues.2-40
3. The legislative commission may authorize an audit or investigation2-41
by the legislative auditor that is proper and necessary to verify compliance2-42
with the provisions of this section. A lobbyist shall make available to the2-43
legislative auditor all books, accounts, claims, reports, vouchers and other3-1
records requested by the legislative auditor in connection with any such3-2
audit or investigation. The legislative auditor shall confine his requests for3-3
such records to those which specifically relate to the lobbyist’s compliance3-4
with the reporting requirements of this section.3-5
Sec. 4. NRS 218.942 is hereby amended to read as follows: 218.942 1. A lobbyist shall not knowingly or willfully make any false3-7
statement or misrepresentation of facts:3-8
(a) To any member of the legislative branch in an effort to persuade or3-9
influence him in his official actions.3-10
(b) In a registration statement or report concerning lobbying activities3-11
filed with the director.3-12
2. A lobbyist or a person who was a lobbyist during the immediately3-13
preceding 3 years shall not give a gift to a member of the legislative branch3-14
or a member of his staff or immediate family3-15
3-16
primary purpose is to provide support for legislators of a particular3-17
political party and house, or to any other person for the benefit of a3-18
legislator or such an organization.3-19
3. A member of the legislative branch or a member of his staff or3-20
immediate family shall not3-21
(a) Solicit anything of value from a registrant or a person who was a3-22
registrant at any time during the immediately preceding 3 years; or3-23
3-24
(b) Accept any gift3-25
3-26
time during the immediately preceding 3 years.3-27
4. An organization whose primary purpose is to provide support for3-28
legislators of a particular political party shall not accept any gift from a3-29
registrant or a person who was a registrant at any time during the3-30
immediately preceding 3 years.3-31
5. A person who employs or uses a lobbyist shall not make that3-32
lobbyist’s compensation or reimbursement contingent in any manner upon3-33
the outcome of any legislative action.3-34
3-35
shall not knowingly act as a lobbyist without being registered as required3-36
by that section.3-37
3-38
the legislative or executive branch of the state government and an elected3-39
officer or employee of a political subdivision shall not receive3-40
compensation or reimbursement other than from the state or the political3-41
subdivision for personally engaging in lobbying.4-1
4-2
receive compensation or reimbursement from any organization whose4-3
membership consists of elected or appointed public officers.4-4
4-5
for the purpose of obtaining employment to lobby in opposition thereto.4-6
4-7
monetary contribution to a member of the legislature, the lieutenant4-8
governor, the lieutenant governor-elect, the governor or the governor-elect4-9
during the period beginning:4-10
(a) Thirty days before a regular session of the legislature and ending 304-11
days after the final adjournment of a regular session of the legislature; or4-12
(b) The day after the governor issues a proclamation calling for a special4-13
session of the legislature and ending 15 days after the final adjournment of4-14
a special session of the legislature.4-15
Sec. 5. NRS 354.59803 is hereby amended to read as follows:4-16
354.59803 1. In each year in which the legislature convenes, a local4-17
government which expends more than $6,000 on activities designed to4-18
influence the passage or defeat of any legislation shall file with the4-19
department of taxation within 30 days after the close of the legislative4-20
session a report supplemental to its final budget which includes separate4-21
items for expenses relating to that activity, including:4-22
(a) Transportation.4-23
(b) The lodging and meals of its officers, lobbyists or employees.4-24
(c) The amount of money spent on4-25
expenses which are required to be reported pursuant to NRS 218.900 to4-26
218.944, inclusive.4-27
(d) The amount of money spent in Carson City on supplies, equipment,4-28
facilities, personnel and services needed to support the activity.4-29
(e) An identification of the fund, account or other source against which4-30
the expenses were charged.4-31
2. The local government shall make a copy of the supplemental report4-32
available for inspection within 30 days after the close of the legislative4-33
session.4-34
Sec. 6. The amendatory provisions of this act do not apply to conduct4-35
that occurred before October 1, 1999.~