(REPRINTED WITH ADOPTED AMENDMENTS)
SECOND REPRINT A.B. 195
Assembly Bill No. 195–Committee on Health and Human Services
(On Behalf of Department of Human
Resources—Director’s Office)
February 20, 2001
____________
Referred to Committee on Health and Human Services
SUMMARY—Revises provisions relating to Nevada silver haired legislative forum. (BDR 38‑534)
FISCAL NOTE: Effect on Local Government: No.
~
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 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:
1-1 Section 1. Chapter 427A of NRS is hereby amended by adding
1-2 thereto a new section to read as follows:
1-3 1. All money received by the Nevada silver haired legislative forum
1-4 must be deposited in a bank, credit union or other financial institution in
1-5 this state and paid out on its order for its expenses.
1-6 2. All expenses incurred by the Nevada silver haired legislative
1-7 forum in carrying out the provisions of NRS 427A.320 to 427A.400,
1-8 inclusive, must be paid from an account established pursuant to
1-9 subsection 1.
1-10 Sec. 2. NRS 427A.320 is hereby amended to read as follows:
1-11 427A.320 The [division shall establish the] Nevada silver haired
1-12 legislative forum is hereby created to identify and act upon issues of
1-13 importance to aging persons.
1-14 Sec. 3. NRS 427A.330 is hereby amended to read as follows:
1-15 427A.330 1. The [governor] legislative commission shall appoint
1-16 [21 persons] to the Nevada silver haired legislative forum [, of whom not
1-17 more than 11 may be members of the same political party. The governor
2-1 shall appoint from each senatorial district] a number of members equal to
2-2 the number of state senators . [that represent the senatorial district.] The
2-3 persons appointed to the forum must be the persons nominated pursuant
2-4 to this section. Each member of the senate shall nominate a person who
2-5 meets the requirements for appointment to the forum set forth in
2-6 NRS 427A.340.
2-7 2. Appointments to the Nevada silver haired legislative forum must be
2-8 made by the [governor] legislative commission before December 1 of an
2-9 odd-numbered year. The term of a member begins on December 1 of the
2-10 odd-numbered year of appointment.
2-11 3. The members of the Nevada silver haired legislative forum from
2-12 Clark County senatorial districts 2, 3, 4, 7 and 8, Washoe County senatorial
2-13 districts 1 and 3, the Capital senatorial district and the Western Nevada
2-14 senatorial district serve an initial term of 1 year. The [eight] members of
2-15 the Nevada silver haired legislative forum from the remaining senatorial
2-16 districts serve an initial term of 2 years. After the initial terms, each
2-17 member serves a term of 2 years.
2-18 Sec. 4. NRS 427A.340 is hereby amended to read as follows:
2-19 427A.340 A member of the Nevada silver haired legislative forum
2-20 must:
2-21 1. Have been a resident of this state for 5 years immediately preceding
2-22 his appointment;
2-23 2. Have been a registered voter in the senatorial district [that he is to
2-24 represent] of the senator who nominated him for 3 years immediately
2-25 preceding his appointment; and
2-26 3. Be at least 60 years of age on the day that he is appointed.
2-27 Sec. 5. NRS 427A.360 is hereby amended to read as follows:
2-28 427A.360 1. A position in the Nevada silver haired legislative forum
2-29 becomes vacant upon:
2-30 (a) The death or resignation of a member.
2-31 (b) The illness of a member that prevents him from attending three
2-32 consecutive meetings of the Nevada silver haired legislative forum.
2-33 (c) The absence of a member for any reason from three consecutive
2-34 meetings of the Nevada silver haired legislative forum.
2-35 2. If a vacancy occurs, the [governor] legislative commission shall
2-36 appoint a person to serve the remainder of the unexpired term. The
2-37 [governor] legislative commission may appoint a person whose
2-38 membership in the national silver haired congress has ended to fill a
2-39 vacancy in the Nevada silver haired legislative forum.
2-40 Sec. 6. NRS 427A.370 is hereby amended to read as follows:
2-41 427A.370 1. The Nevada silver haired legislative forum shall elect
2-42 from among its members, to serve a term of 1 year:
2-43 [1.] (a) A president, who shall conduct meetings and oversee the
2-44 formation of committees as necessary to accomplish the purposes of the
2-45 Nevada silver haired legislative forum.
2-46 [2.] (b) A vice president, who shall assist the president and conduct
2-47 meetings of the Nevada silver haired legislative forum if the president is
2-48 absent or otherwise unable to perform his duties.
2-49 [3.] (c) A secretary, who shall:
3-1 [(a)] (1) Prepare and keep a record of meetings, including, without
3-2 limitation, the date, time, place and purpose of every meeting; and
3-3 [(b)] (2) At the first meeting every year of the Nevada silver haired
3-4 legislative forum, prepare a list of the dates of the meetings that are
3-5 scheduled for the year.
3-6 [4.] (d) A treasurer, who shall [prepare and keep a list of the expenses
3-7 of the Nevada silver haired legislative forum to be sent to the division for
3-8 payment.] , with the assistance of the director of the legislative counsel
3-9 bureau, administer any account established pursuant to section 1 of this
3-10 act.
3-11 2. The director of the legislative counsel bureau shall provide such
3-12 persons as are necessary to assist the Nevada silver haired legislative
3-13 forum in carrying out its duties.
3-14 Sec. 7. NRS 427A.380 is hereby amended to read as follows:
3-15 427A.380 The Nevada silver haired legislative forum may [:
3-16 1. Meet 1 day each month during the regular session of the legislature
3-17 in the legislative building in Carson City.
3-18 2. Meet and hold public hearings at least 1 day during each of the
3-19 months of June, July and August during each even-numbered year.
3-20 3.] , within the limits of legislative appropriations and any gifts, grants
3-21 or donations received by the forum:
3-22 1. During the period in which the legislature is not in a regular
3-23 session, hold three public hearings in three different areas of this state
3-24 and may hold an additional public hearing in any area of this state to
3-25 prepare the report authorized by NRS 427A.390.
3-26 2. Complywith chapter 241 of NRS.
3-27 Sec. 8. NRS 427A.390 is hereby amended to read as follows:
3-28 427A.390 The Nevada silver haired legislative forum may:
3-29 1. Submit a report containing [topics for possible] recommendations
3-30 for legislative action to the legislative commission and the governor before
3-31 [September] July 1 of each even-numbered year.
3-32 2. Accept gifts, grants and donations that must be deposited in [the
3-33 state treasury for credit to the aging services division’s gift account in the
3-34 department of human resources’ gift fund. A gift, grant or donation to the
3-35 Nevada silver haired legislative forum may be expended only in carrying
3-36 out the duties of the Nevada silver haired legislative forum.] an account
3-37 established pursuant to section 1 of this act.
3-38 3. Adopt procedures to conduct meetings of the Nevada silver haired
3-39 legislative forum and committees thereof. [These] Those procedures may
3-40 be changed upon approval of a majority vote of all members of the Nevada
3-41 silver haired legislative forum who are present and voting.
3-42 Sec. 9. NRS 427A.400 is hereby amended to read as follows:
3-43 427A.400 Within the limits of legislative appropriations, and any gifts,
3-44 grants and donations[:
3-45 1. The division shall pay the expenses of the Nevada silver haired
3-46 legislative forum.
3-47 2. Each] , each member of the Nevada silver haired legislative forum
3-48 is entitled to receive for attendance at a meeting of the Nevada silver haired
4-1 legislative forum or a committee thereof the per diem allowance and travel
4-2 expenses provided for state officers and employees generally.
4-3 Sec. 10. NRS 294A.160 is hereby amended to read as follows:
4-4 294A.160 1. It is unlawful for a candidate to spend money received
4-5 as a campaign contribution for his personal use.
4-6 2. Every candidate for a state, district, county, city or township office
4-7 at a primary, general, primary city, general city or special election who is
4-8 elected to that office and received contributions that were not spent or
4-9 committed for expenditure before the primary, general, primary city,
4-10 general city or special election shall:
4-11 (a) Return the unspent money to contributors;
4-12 (b) Use the money in his next election or for the payment of other
4-13 expenses related to public office or his campaign;
4-14 (c) Contribute the money to:
4-15 (1) The campaigns of other candidates for public office or for the
4-16 payment of debts related to their campaigns;
4-17 (2) A political party;
4-18 (3) A person or group of persons advocating the passage or defeat of
4-19 a question or group of questions on the ballot; or
4-20 (4) Any combination of persons or groups set forth in subparagraphs
4-21 (1), (2) and (3);
4-22 (d) Donate the money to any tax-exempt nonprofit entity; or
4-23 (e) Dispose of the money in any combination of the methods provided
4-24 in paragraphs (a) to (d),inclusive.
4-25 3. Every candidate for a state, district, county, city or township office
4-26 at a primary, general, primary city, general city or special election who is
4-27 not elected to that office and received contributions that were not spent or
4-28 committed for expenditure before the primary, general, primary city,
4-29 general city or special election shall, not later than the 15th day of the
4-30 second month after his defeat:
4-31 (a) Return the unspent money to contributors;
4-32 (b) Contribute the money to:
4-33 (1) The campaigns of other candidates for public office or for the
4-34 payment of debts related to their campaigns;
4-35 (2) A political party;
4-36 (3) A person or group of persons advocating the passage or defeat of
4-37 a question or group of questions on the ballot; or
4-38 (4) Any combination of persons or groups set forth in subparagraphs
4-39 (1), (2) and (3);
4-40 (c) Donate the money to any tax-exempt nonprofit entity; or
4-41 (d) Dispose of the money in any combination of the methods provided
4-42 in paragraphs (a) , (b) and (c).
4-43 4. Every candidate for a state, district, county, city or township office
4-44 who is defeated at a primary or primary city election and received a
4-45 contribution from a person in excess of $5,000 shall, not later than the
4-46 15th day of the second month after his defeat, return any money in excess
4-47 of $5,000 to the contributor.
4-48 5. Every public officer who:
4-49 (a) Holds a state, district, county, city or township office;
5-1 (b) Does not run for reelection and is not a candidate for any other
5-2 office; and
5-3 (c) Has contributions that are not spent or committed for expenditure
5-4 remaining from a previous election,
5-5 shall, not later than the 15th day of the second month after the expiration of
5-6 his term of office, dispose of those contributions in the manner provided in
5-7 subsection 3.
5-8 6. In addition to the methods for disposing the unspent money set
5-9 forth in subsections 2, 3 and 4, a legislator may donate not more than
5-10 $500 of that money to the Nevada silver haired legislative forum created
5-11 pursuant to NRS 427A.320.
5-12 7. The court shall, in addition to any penalty which may be imposed
5-13 pursuant to NRS 294A.420, order the candidate or public officer to dispose
5-14 of any remaining contributions in the manner provided in this section.
5-15 [7.] 8. As used in this section, “contributions” include any interest and
5-16 other income earned thereon.
5-17 Sec. 11. NRS 294A.180 is hereby amended to read as follows:
5-18 294A.180 1. Each candidate for a state, district, county, city or
5-19 township office who is not elected to that office shall, not later than the
5-20 15th day of the second month after his defeat, file a report with the
5-21 secretary of state stating the amount of contributions which he received for
5-22 that campaign but did not spend and the disposition of those unspent
5-23 contributions.
5-24 2. Each public officer who is elected to a state, district, county, city or
5-25 township office shall file a report:
5-26 (a) Not later than the 15th day of the second month after his election,
5-27 stating the amount of campaign contributions which he received but did not
5-28 spend and the amount, if any, of those unspent contributions disposed of
5-29 pursuant to [subsection] subsections 2 and 6 of NRS 294A.160 as of the
5-30 last day of the first month after his election;
5-31 (b) Not later than January 15th of each year of his term beginning the
5-32 year after he filed the report required by paragraph (a), stating the amount,
5-33 if any, of those unspent contributions disposed of pursuant to NRS
5-34 294A.160 during the period from the last date covered by his last report
5-35 through December 31 of the immediately preceding year and the manner in
5-36 which they were disposed of; and
5-37 (c) Not later than the 15th day of the second month after he no longer
5-38 holds that office, stating the amount and disposition of any remaining
5-39 unspent contributions.
5-40 3. The reports required by subsections 1 and 2 must be submitted on a
5-41 form designed and provided by the secretary of state and signed by the
5-42 candidate or public officer under penalty of perjury.
5-43 4. A public officer filing a report pursuant to subsection 2:
5-44 (a) Shall file the report with the officer with whom he filed his
5-45 declaration of candidacy or acceptance of candidacy.
5-46 (b) May file the report by certified mail. If certified mail is used, the
5-47 date of mailing shall be deemed the date of filing.
5-48 5. A county clerk who receives from a legislative or judicial officer,
5-49 other than a justice of the peace or municipal judge, a report pursuant to
6-1 subsection 4 shall file a copy of the report with the secretary of state within
6-2 10 working days after he receives the report.
6-3 Sec. 12. NRS 427A.410 is hereby repealed.
6-4 Sec. 13. On July 1, 2001, or as soon thereafter as practicable, the state
6-5 controller shall draw his warrant, payable to the Nevada silver haired
6-6 legislative forum, for the amount of money in the aging services division’s
6-7 gift account in the department of human resources’ gift fund that was
6-8 credited to that account pursuant to NRS 427A.390.
6-9 Sec. 14. The term of each member of the Nevada silver haired
6-10 legislative forum who is incumbent on the effective date of this act, expires
6-11 on November 30, 2001.
6-12 Sec. 15. This act becomes effective upon passage and approval.
6-13 TEXT OF REPEALED SECTION
6-14 427A.410 Regulations. The division may adopt such regulations as
6-15 are necessary to carry out the provisions of NRS 427A.320 to 427A.410,
6-16 inclusive.
6-17 H