(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 326–Assemblymen Goldwater, Beers, Parks, Cegavske, Chowning, de Braga, Dini, Giunchigliani, Hettrick, Leslie, Marvel, Tiffany and Williams

 

March 13, 2001

____________

 

Joint Sponsors: Senators O’Connell and Titus

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes concerning disclosures relating to lobbying. (BDR 31‑496)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to lobbying; modifying the list of separate items that a local government is required to include in a supplemental budgetary report of expenses relating to activities designed to influence the passage or defeat of legislation; providing that the budget of a local government must include a separate statement detailing such anticipated expenses; requiring the board of regents of the University and Community College System of Nevada to include a list of expenses relating to activities designed to influence the passage of defeat or legislation in its annual report to the governor; requiring the board of regents to include a separate statement detailing such anticipated expense in its annual report to the governor; specifying that employees of the University and Community College System of Nevada are not excluded from the definition of “lobbyist” for purposes of the Nevada Lobbying Disclosure Act; 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 354.59803 is hereby amended to read as follows:

1-2    354.59803  1.  In each year in which the legislature convenes, a local

1-3  government which expends more than $6,000 on activities designed to

1-4  influence the passage or defeat of any legislation shall file with the

1-5  department of taxation within 30 days after the close of the legislative

1-6  session a report supplemental to its final budget which includes separate

1-7  items for expenses relating to that activity, including [:] , without

1-8  limitation:

2-1    (a) Transportation.

2-2    (b) The amount of money spent on:

2-3       (1) The lodging and meals of its officers, lobbyists [or employees.]

2-4  and employees;

2-5       (2) The salary paid to its officers and employees who attend more

2-6  than 40 days of a legislative session; and

2-7       (3) Compensation paid to any lobbyists, to the extent that such

2-8  information does not duplicate the information required pursuant to

2-9  subparagraphs (1) and (2).

2-10    (c) The amount of money spent on entertainment, gifts or other

2-11  expenses which are required to be reported pursuant to NRS 218.900 to

2-12  218.944, inclusive.

2-13    (d) The amount of money spent in Carson City on supplies, equipment

2-14  [, facilities,] and facilities and other personnel and services needed to

2-15  support the activity.

2-16    (e) An identification of the fund, account or other source against which

2-17  the expenses were charged.

2-18    2.  The local government shall make a copy of the supplemental report

2-19  available for inspection within 30 days after the close of the legislative

2-20  session.

2-21    Sec. 2.  NRS 354.600 is hereby amended to read as follows:

2-22    354.600  Each budget must include:

2-23    1.  Detailed estimates of budget resources for the budget year classified

2-24  by funds and sources in a manner and on forms prescribed by the

2-25  department of taxation.

2-26    2.  Detailed estimates of expenditures for the budget year classified in a

2-27  manner and on forms prescribed by the department of taxation.

2-28    3.  A separate statement of the anticipated expense, including

2-29  personnel, for the operation and maintenance of each capital improvement

2-30  to be constructed during the budget year and of each capital improvement

2-31  constructed on or after July 1, 1998, which is to be used during that or a

2-32  future budget year.

2-33    4.  A separate statement of the proposed source of funding for the

2-34  operation and maintenance of each capital improvement, including

2-35  personnel, to be constructed during that budget year.

2-36    5.  A separate statement of the anticipated expenses relating to

2-37  activities designed to influence the passage or defeat of any legislation,

2-38  setting forth each separate category of expenditure that is required to be

2-39  included in a supplemental report pursuant to subsection 1 of NRS

2-40  354.59803.

2-41    Sec. 3.  NRS 218.912 is hereby amended to read as follows:

2-42    218.912  1.  “Lobbyist” means, except as limited by subsection 2, a

2-43  person who:

2-44    (a) Appears in person in the legislative building or any other building in

2-45  which the legislature or any of its standing committees hold meetings; and

2-46    (b) Communicates directly with a member of the legislative branch on

2-47  behalf of someone other than himself to influence legislative action

2-48  whether or not any compensation is received for the communication.

2-49    2.  “Lobbyist” does not include:

3-1    (a) Persons who confine their activities to formal appearances before

3-2  legislative committees and who clearly identify themselves and the interest

3-3  or interests for whom they are testifying.

3-4    (b) Employees of a bona fide news medium who meet the definition of

3-5  “lobbyist” only in the course of their professional duties and who contact

3-6  members of the legislature for the sole purpose of carrying out their news

3-7  gathering function.

3-8    (c) Employees of departments, divisions or agencies of the state

3-9  government who appear before legislative committees only to explain the

3-10  effect of legislation related to their departments, divisions or agencies [.] ,

3-11  except employees of the University and Community College System of

3-12  Nevada.

3-13    (d) Employees of the legislature, legislators, legislative agencies or

3-14  legislative commissions.

3-15    (e) Elected officers of this state and its political subdivisions who

3-16  confine their lobbying activities to issues directly related to the scope of the

3-17  office to which they were elected.

3-18    (f) Persons who contact the members of the legislature who are elected

3-19  from the district in which they reside.

3-20    Sec. 4.  NRS 396.340 is hereby amended to read as follows:

3-21    396.340  1.  The University and Community College System of

3-22  Nevada was, and now is, established in accordance with the provisions of

3-23  the constitution of the State of Nevada, and also in accordance with the

3-24  provisions of an Act of Congress entitled “An Act donating Public Lands

3-25  to the several States and Territories which may provide Colleges for the

3-26  Benefit of Agriculture and the Mechanic Arts,” approved July 2, 1862 (c.

3-27  130, 12 Stat. 503), and acts amendatory thereof or supplementary thereto.

3-28    2.  The board of regents are the proper trustees of the system to receive

3-29  and disburse all appropriations made to this state under the provisions of an

3-30  Act of Congress entitled “An act to apply a portion of the proceeds of the

3-31  public lands to the more complete endowment and support of the colleges

3-32  for the benefit of agriculture and mechanic arts, established under the

3-33  provisions of an act of Congress approved July second, eighteen hundred

3-34  and sixty-two,” approved August 30, 1890 (c. 841, 26 Stat. 419), and all

3-35  appropriations hereafter to be made under the act.

3-36    3.  The board of regents shall make a report at the end of each fiscal

3-37  year, in connection with its annual report to the governor, of other matters

3-38  concerning the system, including the amounts received and disbursed under

3-39  the provisions of this section. The governor shall transmit all annual reports

3-40  to the legislature.

3-41    4.  In each year in which the legislature convenes, if the board of

3-42  regents expends more than $6,000 on activities designed to influence the

3-43  passage or defeat of any legislation, the board shall file with the governor

3-44  within 30 days after the close of the legislative session a report

3-45  supplemental to its annual report made pursuant to subsection 3 which

3-46  includes separate items for expenses relating to that activity, including,

3-47  without limitation:

3-48    (a) Transportation.

3-49    (b) The amount of money spent on:

4-1       (1) The lodging and meals of its officers, lobbyists and employees;

4-2       (2) The salary paid to its officers and employees who attend more

4-3  than 40 days of a legislative session; and

4-4       (3) Compensation paid to any lobbyists, to the extent that such

4-5  information does not duplicate the information required pursuant to

4-6  subparagraphs (1) and (2).

4-7    (c) The amount of money spent on entertainment, gifts or other

4-8  expenses which are required to be reported pursuant to NRS 218.900 to

4-9  218.944, inclusive.

4-10    (d) The amount of money spent in Carson City on supplies, equipment

4-11  and facilities and other personnel and services needed to support the

4-12  activity.

4-13    (e) An identification of the fund, account or other source against

4-14  which the expenses were charged.

4-15    5. The board of regents shall make a copy of the supplemental report

4-16  available for inspection within 30 days after the close of the legislative

4-17  session.

4-18    6.  The board of regents shall include in its annual report to the

4-19  governor made pursuant to subsection 3 a separate statement of the

4-20  anticipated expenses relating to activities designed to influence the

4-21  passage or defeat of any legislation, setting forth each separate category

4-22  of expenditure that is required to be included in a supplemental report

4-23  pursuant to subsection 4.

4-24    7.  The legislature of Nevada hereby gratefully assents to the purposes

4-25  of all grants of money made heretofore and all which may hereafter be

4-26  made to the State of Nevada by Congress, under the Act of Congress, the

4-27  title of which is recited in subsection 2, and agrees that the grants must be

4-28  used only for the purposes named in the Act of Congress, or acts

4-29  amendatory thereof or supplemental thereto.

 

4-30  H