Assembly Bill No. 57–Assemblywoman Von Tobel

Prefiled January 26, 1999

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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.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to the legislature; prohibiting lobbyists and certain former lobbyists from giving certain gifts to legislators; prohibiting legislators from soliciting or accepting gifts from registered lobbyists and certain former registered lobbyists; providing a penalty; 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 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 of

1-4 money or anything of value, [including cost of entertainment,] except the

1-5 payment of a membership fee otherwise exempted pursuant to NRS

1-6 218.926 and any contract, agreement, promise or other obligation, whether

1-7 or not legally enforceable, to make any expenditure while the legislature is

1-8 in session.

1-9 Sec. 2. NRS 218.908 is hereby amended to read as follows:

1-10 218.908 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 value

1-13 is received.

1-14 2. "Gift" does not include a political contribution of money or services

1-15 related to a political campaign, a commercially reasonable loan made in the

1-16 ordinary course of business, [cost of entertainment, including] the cost of

1-17 food or beverages, or anything of value received from a member of the

1-18 recipient’s immediate family or from a relative of the recipient or his

2-1 spouse within the third degree of consanguinity or from the spouse of any

2-2 such relative.

2-3 Sec. 3. NRS 218.926 is hereby amended to read as follows:

2-4 218.926 1. Each registrant shall file with the director within 30 days

2-5 after the close of the legislative session a final report signed under penalty

2-6 of perjury concerning his lobbying activities. In addition, each registrant

2-7 shall file with the director between the 1st and 10th day of the month after

2-8 each month that the legislature is in session a report concerning his

2-9 lobbying activities during the previous month, whether or not any

2-10 expenditures were made. Each report must be on a form prescribed by the

2-11 director and must include the total expenditures, if any, made by the

2-12 registrant on behalf of a legislator or an organization whose primary

2-13 purpose is to provide support for legislators of a particular political party

2-14 and house, including expenditures made by others on behalf of the

2-15 registrant if the expenditures were made with the registrant’s express or

2-16 implied consent or were ratified by the registrant. The report must identify

2-17 each legislator and each organization whose primary purpose is to provide

2-18 support for legislators of a particular political party and house on whose

2-19 behalf expenditures were made and must be itemized with respect to each

2-20 such legislator and organization. An expenditure on behalf of a person

2-21 other than a legislator or an organization whose primary purpose is to

2-22 provide support for legislators of a particular political party and house need

2-23 not be reported pursuant to this section unless the expenditure is made for

2-24 the benefit of a legislator or such an organization.

2-25 2. If expenditures made by or on behalf of a registrant during the

2-26 previous month exceed $50, the report must include a compilation of

2-27 expenditures, itemized in the manner required by the regulations of the

2-28 legislative commission, in the following categories:

2-29 (a) [Entertainment;

2-30 (b)] Expenditures made in connection with a party or similar event

2-31 hosted by the organization represented by the registrant;

2-32 [(c) Gifts and loans,]

2-33 (b) Loans, including money, services and anything of value provided to

2-34 a legislator, to an organization whose primary purpose is to provide support

2-35 for legislators of a particular political party and house, or to any other

2-36 person for the benefit of a legislator or such an organization; and

2-37 [(d)] (c) Other expenditures directly associated with legislative action,

2-38 not including personal expenditures for food, lodging and travel expenses

2-39 or membership dues.

2-40 3. The legislative commission may authorize an audit or investigation

2-41 by the legislative auditor that is proper and necessary to verify compliance

2-42 with the provisions of this section. A lobbyist shall make available to the

2-43 legislative auditor all books, accounts, claims, reports, vouchers and other

3-1 records requested by the legislative auditor in connection with any such

3-2 audit or investigation. The legislative auditor shall confine his requests for

3-3 such records to those which specifically relate to the lobbyist’s compliance

3-4 with the reporting requirements of this section.

3-5 Sec. 4. NRS 218.942 is hereby amended to read as follows:

3-6 218.942 1. A lobbyist shall not knowingly or willfully make any false

3-7 statement or misrepresentation of facts:

3-8 (a) To any member of the legislative branch in an effort to persuade or

3-9 influence him in his official actions.

3-10 (b) In a registration statement or report concerning lobbying activities

3-11 filed with the director.

3-12 2. A lobbyist or a person who was a lobbyist during the immediately

3-13 preceding 3 years shall not give a gift to a member of the legislative branch

3-14 or a member of his staff or immediate family [gifts that exceed $100 in

3-15 value in the aggregate in any calendar year.] , to an organization whose

3-16 primary purpose is to provide support for legislators of a particular

3-17 political party and house, or to any other person for the benefit of a

3-18 legislator or such an organization.

3-19 3. A member of the legislative branch or a member of his staff or

3-20 immediate family shall not [solicit] :

3-21 (a) Solicit anything of value from a registrant or a person who was a

3-22 registrant at any time during the immediately preceding 3 years; or

3-23 [accept]

3-24 (b) Accept any gift [that exceeds $100 in aggregate value in any

3-25 calendar year.] from a registrant or a person who was a registrant at any

3-26 time during the immediately preceding 3 years.

3-27 4. An organization whose primary purpose is to provide support for

3-28 legislators of a particular political party shall not accept any gift from a

3-29 registrant or a person who was a registrant at any time during the

3-30 immediately preceding 3 years.

3-31 5. A person who employs or uses a lobbyist shall not make that

3-32 lobbyist’s compensation or reimbursement contingent in any manner upon

3-33 the outcome of any legislative action.

3-34 [5.] 6. Except during the period permitted by NRS 218.918, a person

3-35 shall not knowingly act as a lobbyist without being registered as required

3-36 by that section.

3-37 [6.] 7. Except as otherwise provided in subsection [7,] 8, a member of

3-38 the legislative or executive branch of the state government and an elected

3-39 officer or employee of a political subdivision shall not receive

3-40 compensation or reimbursement other than from the state or the political

3-41 subdivision for personally engaging in lobbying.

4-1 [7.] 8. An elected officer or employee of a political subdivision may

4-2 receive compensation or reimbursement from any organization whose

4-3 membership consists of elected or appointed public officers.

4-4 [8.] 9. A lobbyist shall not instigate the introduction of any legislation

4-5 for the purpose of obtaining employment to lobby in opposition thereto.

4-6 [9.] 10. A lobbyist shall not make, commit to make or offer to make a

4-7 monetary contribution to a member of the legislature, the lieutenant

4-8 governor, the lieutenant governor-elect, the governor or the governor-elect

4-9 during the period beginning:

4-10 (a) Thirty days before a regular session of the legislature and ending 30

4-11 days after the final adjournment of a regular session of the legislature; or

4-12 (b) The day after the governor issues a proclamation calling for a special

4-13 session of the legislature and ending 15 days after the final adjournment of

4-14 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 local

4-17 government which expends more than $6,000 on activities designed to

4-18 influence the passage or defeat of any legislation shall file with the

4-19 department of taxation within 30 days after the close of the legislative

4-20 session a report supplemental to its final budget which includes separate

4-21 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 on [entertainment, gifts or other]

4-25 expenses which are required to be reported pursuant to NRS 218.900 to

4-26 218.944, 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 which

4-30 the expenses were charged.

4-31 2. The local government shall make a copy of the supplemental report

4-32 available for inspection within 30 days after the close of the legislative

4-33 session.

4-34 Sec. 6. The amendatory provisions of this act do not apply to conduct

4-35 that occurred before October 1, 1999.

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