Assembly Bill No. 195–Committee on Health and Human Services

 

CHAPTER..........

 

AN ACT relating to aging persons; authorizing the Nevada silver haired legislative forum to operate independently of the aging services division of the department of human resources; requiring the legislative commission to appoint the members of the Nevada silver haired legislative forum; revising the membership of the forum; authorizing a legislator to donate a certain amount of unspent campaign contributions to the forum; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1. Chapter 427A of NRS is hereby amended by adding

 thereto a new section to read as follows:

   1.  All money received by the Nevada silver haired legislative forum

 must be deposited in a bank, credit union or other financial institution

 in this state and paid out on its order for its expenses.

   2.  All expenses incurred by the Nevada silver haired legislative

 forum in carrying out the provisions of NRS 427A.320 to 427A.400,

 inclusive, must be paid from an account established pursuant to

 subsection 1.

   Sec. 2.  NRS 427A.320 is hereby amended to read as follows:

   427A.320  The [division shall establish the] Nevada silver haired

 legislative forum is hereby created to identify and act upon issues of

 importance to aging persons.

   Sec. 3.  NRS 427A.330 is hereby amended to read as follows:

   427A.330  1.  The [governor] legislative commission shall appoint

 [21 persons] to the Nevada silver haired legislative forum [, of whom not

 more than 11 may be members of the same political party. The governor

 shall appoint from each senatorial district] a number of members equal to

 the number of state senators . [that represent the senatorial district.] The

 persons appointed to the forum must be the persons nominated pursuant

 to this section. Each member of the senate shall, after consulting with

 the members of the assembly who reside within his senatorial district,

 nominate a person who meets the requirements for appointment to the

 forum set forth in NRS 427A.340.

   2.  Appointments to the Nevada silver haired legislative forum must be

 made by the [governor] legislative commission before December 1 of an

 odd-numbered year. The term of a member begins on December 1 of the

 odd-numbered year of appointment.

   3.  The members of the Nevada silver haired legislative forum from

 Clark County senatorial districts 2, 3, 4, 7 and 8, Washoe County

 senatorial districts 1 and 3, the Capital senatorial district and the Western

 Nevada senatorial district serve an initial term of 1 year. The [eight]

 members of the Nevada silver haired legislative forum from the remaining

 senatorial districts serve an initial term of 2 years. After the initial terms,

 each member serves a term of 2 years.

   Sec. 4.  NRS 427A.340 is hereby amended to read as follows:

   427A.340  A member of the Nevada silver haired legislative forum

 must:

   1.  Have been a resident of this state for 5 years immediately preceding

his appointment;

   2.  Have been a registered voter in the senatorial district [that he is to

 represent] of the senator who nominated him for 3 years immediately

 preceding his appointment; and

   3.  Be at least 60 years of age on the day that he is appointed.

   Sec. 5.  NRS 427A.360 is hereby amended to read as follows:

   427A.360  1.  A position in the Nevada silver haired legislative forum

 becomes vacant upon:

   (a) The death or resignation of a member.

   (b) The illness of a member that prevents him from attending three

 consecutive meetings of the Nevada silver haired legislative forum.

   (c) The absence of a member for any reason from three consecutive

 meetings of the Nevada silver haired legislative forum.

   2.  If a vacancy occurs, the [governor] legislative commission shall

 appoint a person to serve the remainder of the unexpired term. The

 [governor] legislative commission may appoint a person whose

 membership in the national silver haired congress has ended to fill a

 vacancy in the Nevada silver haired legislative forum.

   Sec. 6. NRS 427A.370 is hereby amended to read as follows:

   427A.370  1.  The Nevada silver haired legislative forum shall elect

 from among its members, to serve a term of 1 year:

   [1.] (a) A president, who shall conduct meetings and oversee the

 formation of committees as necessary to accomplish the purposes of the

 Nevada silver haired legislative forum.

   [2.] (b) A vice president, who shall assist the president and conduct

 meetings of the Nevada silver haired legislative forum if the president is

 absent or otherwise unable to perform his duties.

   [3.] (c) A secretary, who shall:

     [(a)] (1) Prepare and keep a record of meetings, including, without

 limitation, the date, time, place and purpose of every meeting; and

     [(b)] (2) At the first meeting every year of the Nevada silver haired

 legislative forum, prepare a list of the dates of the meetings that are

 scheduled for the year.

   [4.] (d) A treasurer, who shall [prepare and keep a list of the expenses

 of the Nevada silver haired legislative forum to be sent to the division for

 payment.] , with the assistance of the director of the legislative counsel

 bureau, administer any account established pursuant to section 1 of this

 act.

   2.  The director of the legislative counsel bureau shall provide such

 persons as are necessary to assist the Nevada silver haired legislative

 forum in carrying out its duties.

   Sec. 7. NRS 427A.380 is hereby amended to read as follows:

   427A.380  The Nevada silver haired legislative forum may [:

   1.  Meet 1 day each month during the regular session of the legislature

 in the legislative building in Carson City.

   2.  Meet and hold public hearings at least 1 day during each of the

 months of June, July and August during each even-numbered year.

   3.] , within the limits of legislative appropriations and any gifts, grants

 or donations received by the forum:

   1.  During the period in which the legislature is not in a regular

session, hold three public hearings in three different areas of this state

 and may hold an additional public hearing in any area of this state to

 prepare the report authorized by NRS 427A.390.

   2.  Complywith chapter 241 of NRS.

   Sec. 8.  NRS 427A.390 is hereby amended to read as follows:

   427A.390  The Nevada silver haired legislative forum may:

   1.  Submit a report containing [topics for possible] recommendations

 for legislative action to the legislative commission and the governor

 before [September] July 1 of each even-numbered year.

   2.  Accept gifts, grants and donations that must be deposited in [the

 state treasury for credit to the aging services division’s gift account in the

 department of human resources’ gift fund. A gift, grant or donation to the

 Nevada silver haired legislative forum may be expended only in carrying

 out the duties of the Nevada silver haired legislative forum.] an account

 established pursuant to section 1 of this act.

   3.  Adopt procedures to conduct meetings of the Nevada silver haired

 legislative forum and committees thereof. [These] Those procedures may

 be changed upon approval of a majority vote of all members of the Nevada

 silver haired legislative forum who are present and voting.

   Sec. 9.  NRS 427A.400 is hereby amended to read as follows:

   427A.400  Within the limits of legislative appropriations, and any gifts,

 grants and donations[:

   1.  The division shall pay the expenses of the Nevada silver haired

 legislative forum.

   2.  Each] , each member of the Nevada silver haired legislative forum

 is entitled to receive for attendance at a meeting of the Nevada silver

 haired legislative forum or a committee thereof the per diem allowance

 and travel expenses provided for state officers and employees generally.

   Sec. 10. NRS 294A.160 is hereby amended to read as follows:

   294A.160  1.  It is unlawful for a candidate to spend money received

 as a campaign contribution for his personal use.

   2.  Every candidate for a state, district, county, city or township office

 at a primary, general, primary city, general city or special election who is

 elected to that office and received contributions that were not spent or

 committed for expenditure before the primary, general, primary city,

 general city or special election shall:

   (a) Return the unspent money to contributors;

   (b) Use the money in his next election or for the payment of other

 expenses related to public office or his campaign;

   (c) Contribute the money to:

     (1) The campaigns of other candidates for public office or for the

 payment of debts related to their campaigns;

     (2) A political party;

     (3) A person or group of persons advocating the passage or defeat of

 a question or group of questions on the ballot; or

     (4) Any combination of persons or groups set forth in subparagraphs

 (1), (2) and (3);

   (d) Donate the money to any tax-exempt nonprofit entity; or

   (e) Dispose of the money in any combination of the methods provided

in paragraphs (a) to (d),inclusive.

   3.  Every candidate for a state, district, county, city or township office

 at a primary, general, primary city, general city or special election who is

 not elected to that office and received contributions that were not spent or

 committed for expenditure before the primary, general, primary city,

 general city or special election shall, not later than the 15th day of the

 second month after his defeat:

   (a) Return the unspent money to contributors;

   (b) Contribute the money to:

     (1) The campaigns of other candidates for public office or for the

 payment of debts related to their campaigns;

     (2) A political party;

     (3) A person or group of persons advocating the passage or defeat of

 a question or group of questions on the ballot; or

     (4) Any combination of persons or groups set forth in subparagraphs

 (1), (2) and (3);

   (c) Donate the money to any tax-exempt nonprofit entity; or

   (d) Dispose of the money in any combination of the methods provided

 in paragraphs (a) , (b) and (c).

   4.  Every candidate for a state, district, county, city or township office

 who is defeated at a primary or primary city election and received a

 contribution from a person in excess of $5,000 shall, not later than the

15th day of the second month after his defeat, return any money in excess

 of $5,000 to the contributor.

   5.  Every public officer who:

   (a) Holds a state, district, county, city or township office;

   (b) Does not run for reelection and is not a candidate for any other

 office; and

   (c) Has contributions that are not spent or committed for expenditure

 remaining from a previous election,

shall, not later than the 15th day of the second month after the expiration of

 his term of office, dispose of those contributions in the manner provided in

 subsection 3.

   6.  In addition to the methods for disposing the unspent money set

 forth in subsections 2, 3 and 4, a legislator may donate not more than

 $500 of that money to the Nevada silver haired legislative forum created

 pursuant to NRS 427A.320.

   7.  The court shall, in addition to any penalty which may be imposed

 pursuant to NRS 294A.420, order the candidate or public officer to

 dispose of any remaining contributions in the manner provided in this

 section.

   [7.] 8. As used in this section, “contributions” include any interest and

 other income earned thereon.

   Sec. 11. NRS 294A.180 is hereby amended to read as follows:

   294A.180  1.  Each candidate for a state, district, county, city or

 township office who is not elected to that office shall, not later than the

 15th day of the second month after his defeat, file a report with the

 secretary of state stating the amount of contributions which he received for

 that campaign but did not spend and the disposition of those unspent

 contributions.

   2.  Each public officer who is elected to a state, district, county, city or

township office shall file a report:

   (a) Not later than the 15th day of the second month after his election,

 stating the amount of campaign contributions which he received but did

 not spend and the amount, if any, of those unspent contributions disposed

 of pursuant to [subsection] subsections 2 and 6 of NRS 294A.160 as of

 the last day of the first month after his election;

   (b) Not later than January 15th of each year of his term beginning the

 year after he filed the report required by paragraph (a), stating the amount,

 if any, of those unspent contributions disposed of pursuant to NRS

 294A.160 during the period from the last date covered by his last report

 through December 31 of the immediately preceding year and the manner

 in which they were disposed of; and

   (c) Not later than the 15th day of the second month after he no longer

 holds that office, stating the amount and disposition of any remaining

 unspent contributions.

   3.  The reports required by subsections 1 and 2 must be submitted on a

 form designed and provided by the secretary of state and signed by the

 candidate or public officer under penalty of perjury.

   4.  A public officer filing a report pursuant to subsection 2:

   (a) Shall file the report with the officer with whom he filed his

 declaration of candidacy or acceptance of candidacy.

   (b) May file the report by certified mail. If certified mail is used, the

 date of mailing shall be deemed the date of filing.

   5.  A county clerk who receives from a legislative or judicial officer,

 other than a justice of the peace or municipal judge, a report pursuant to

 subsection 4 shall file a copy of the report with the secretary of state

 within 10 working days after he receives the report.

   Sec. 12.  NRS 427A.410 is hereby repealed.

   Sec. 13.  On July 1, 2001, or as soon thereafter as practicable, the state

 controller shall draw his warrant, payable to the Nevada silver haired

 legislative forum, for the amount of money in the aging services division’s

 gift account in the department of human resources’ gift fund that was

 credited to that account pursuant to NRS 427A.390.

   Sec. 14. The term of each member of the Nevada silver haired

 legislative forum who is incumbent on the effective date of this act,

 expires on November 30, 2001.

   Sec. 15.  This act becomes effective upon passage and approval.

 

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