Assembly Bill No. 606–Committee on Ways and Means

 

(On Behalf of Department of Administration—Budget Division)

 

March 26, 2001

____________

 

Referred to Committee on Ways and Means

 

SUMMARY—Makes various changes regarding base amount and periodic review and adjustment of compensation of certain state and local elected officers. (BDR 23‑1435)

 

FISCAL NOTE:    Effect on Local Government: Yes.

                                 Effect on the State: Contains Appropriation not included in Executive Budget.

 

CONTAINS UNFUNDED MANDATE (§ 10)

(Not Requested by Affected Local Government)

 

~

 

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

 

AN ACT relating to public officers; making various changes regarding the base amount and the periodic review and adjustment of compensation of certain state and local elected officers; making an appropriation; 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 281.1571 is hereby amended to read as follows:

1-2    281.1571  1.  There is hereby created a commission to review the

1-3  compensation of constitutional officers, legislators, supreme court justices,

1-4  district judges and elected county officers, consisting of [nine members.

1-5    2.  The members must be appointed by the following persons:

1-6    (a) One member by the speaker of the assembly.

1-7    (b) One member by the majority leader of the senate.

1-8    (c) One member by the minority leader of the assembly.

1-9    (d) One member by the minority leader of the senate.

1-10    (e) Two members by the chief justice of the supreme court.

1-11    (f) Three members by the governor.

1-12    3.  The commission shall elect a chairman and such other officers as it

1-13  deems necessary from among its members.

1-14    4.  A current officer or employee of the state or any of its political

1-15  subdivisions must not be appointed as a member of the commission.

2-1    5.  The members appointed by the governor must be selected in the

2-2  following manner:

2-3    (a) Two members, one from each congressional district, who do not

2-4  belong to the same political party.

2-5    (b) One member from a list of three nominees submitted by the Nevada

2-6  Association of Counties.] seven members appointed by the governor.

2-7    2.  The governor:

2-8    (a) Shall appoint as members of the commission persons who have

2-9  diverse personal and professional interests and reside in various

2-10  geographical areas of the state.

2-11    (b) Shall not appoint as a member:

2-12      (1) Any person who holds office as a state legislator; or

2-13      (2) Any officer or employee of the state or any of its political

2-14  subdivisions.

2-15  Not more than four of the members of the commission may be members

2-16  of the same political party.

2-17    3.  The governor shall designate one of the members of the

2-18  commission to be the chairman. The commission may elect such other

2-19  officers from its membership as it deems necessary.

2-20    Sec. 2.  NRS 281.1572 is hereby amended to read as follows:

2-21    281.1572  1.  [Members of the commission must be appointed on or

2-22  before January 15 of each even-numbered year.] The governor shall notify

2-23  the director of the legislative counsel bureau [must be notified] of the

2-24  appointment of each member[.] of the commission.

2-25    2.  The term of each member of the commission expires [at the end of

2-26  the next regular session of the legislature following the] on June 30 of the

2-27  fourth year following his appointment. Members are eligible for

2-28  reappointment.

2-29    3.  A member of the commission may be removed by the governor

2-30  before the expiration of his term for misconduct in office, incompetence or

2-31  neglect of duty.

2-32    4.  If a vacancy occurs in the membership of the commission, the

2-33  governor shall appoint a person to fill the vacancy for the remainder of the

2-34  unexpired term.

2-35    Sec. 3.  NRS 281.1573 is hereby amended to read as follows:

2-36    281.1573  1.  Each member of the commission is entitled to receive

2-37  $80 for each day that he attends a regularly called meeting of the

2-38  commission.

2-39    2.  The [first meeting of the commission must be held on or before June

2-40  15 of the year in which the members are appointed. Thereafter, the]

2-41  chairman of the commission shall call meetings of the commission as often

2-42  as he deems necessary.

2-43    3.  The director of the legislative counsel bureau shall provide the

2-44  commission with administrative support.

2-45    Sec. 4.  NRS 281.1574 is hereby amended to read as follows:

2-46    281.1574  A majority of the members of the commission constitutes a

2-47  quorum to transact business. The affirmative vote of [five] four members is

2-48  required to approve the recommendations of the commission regarding

2-49  compensation.

3-1    Sec. 5.  NRS 281.1575 is hereby amended to read as follows:

3-2    281.1575  1.  The commission shall:

3-3    (a) Review the compensation paid to constitutional officers, supreme

3-4  court justices, district judges and elected county officers.

3-5    (b) Review the compensation paid to the members of the legislature

3-6  during and between legislative sessions.

3-7    (c) Hold public hearings to discuss the issues and receive public

3-8  comment.

3-9    (d) Report its activities and findings to the governor, the supreme

3-10  court and the state legislature at least once every 4 years.

3-11    (e) If it determines that changes in legislation are required, request the

3-12  assistance of the legislative counsel in the preparation of a bill draft [on or

3-13  before November 15 of each] before September 1 of an even-numbered

3-14  year. Upon completion of the bill draft, the legislative counsel shall deliver

3-15  the bill draft to the appropriate standing committee of the assembly or

3-16  senate within the first week of the next regular legislative session for

3-17  introduction.

3-18    2.  In reviewing the issues of compensation required by subsection 1,

3-19  the commission shall:

3-20    (a) Compare the current salaries of persons with similar qualifications

3-21  who are employed by the State of Nevada and in the public [sector;] and

3-22  private sectors;

3-23    (b) Determine the minimum salary required to attract and retain

3-24  experienced and competent persons; [and]

3-25    (c) Determine an appropriate manner to ensure equity in the provision

3-26  of compensation to supreme court justices and to district court judges;

3-27  and

3-28    (d) Consider the average number of days that legislators serve during

3-29  their [term,] terms, the amount of work required of legislators when the

3-30  legislature is not in regular session[,] and the opportunities they have to

3-31  earn additional income from outside sources.

3-32    3.  The commission may recommend that any increase in the

3-33  compensation of a county officer apply retroactively if not prohibited by

3-34  law.

3-35    Sec. 6.  NRS 2.050 is hereby amended to read as follows:

3-36    2.050  1.  Until the first Monday in January [1997,] 2003, the justices

3-37  of the supreme court whose terms of office expire on the first Monday in

3-38  January [1997] 2003 are entitled to receive an annual base salary of

3-39  [$85,000.] $107,600. From and after the first Monday in January [1997,]

3-40  2003, their successors in office are entitled to receive [a salary of

3-41  $107,600.] an annual base salary of $150,000, cumulatively increased on

3-42  July 1, 2003, and on July 1 of each year thereafter, by any percentage by

3-43  which the average industrial hourly wage in the state increased during

3-44  the previous fiscal year, as determined on July 1 of each year by the

3-45  employment security division of the department of employment, training

3-46  and rehabilitation.

3-47    2.  Until the first Monday in January [1999,] 2005, the justices of the

3-48  supreme court whose terms of office expire on the first Monday in January

3-49  [1999] 2005 are entitled to receive an annual base salary of [$85,000.]

4-1  $107,600. From and after the first Monday in January [1999,] 2005, their

4-2  successors in office are entitled to receive [a salary of $107,600.] an

4-3  annual base salary equivalent to that to which the justices of the supreme

4-4  court described in subsection 1 are entitled to receive.

4-5    3.  Until the first Monday in January [2001, the justice] 2007, the

4-6  justices of the supreme court whose [term] terms of office [expires] expire

4-7  on the first Monday in January [2001 is] 2007 are entitled to receive an

4-8  annual base salary of [$85,000.] $107,600. From and after the first Monday

4-9  in January [2001, his successor] 2007, their successors in office [is] are

4-10  entitled to receive [a salary of $107,600.

4-11    4.  The justices elected pursuant to subsection 4 of NRS 2.030 and their

4-12  respective successors are entitled to receive a salary of $107,600.

4-13    5.] an annual base salary equivalent to that to which the justices of the

4-14  supreme court described in subsection 1 are entitled to receive.

4-15    4. All salaries provided for in this section are payable in biweekly

4-16  installments as other state officers are paid.

4-17    Sec. 7.  NRS 3.030 is hereby amended to read as follows:

4-18    3.030  1.  Until the first Monday in January [1997,] 2003, the annual

4-19  base salary of each district judge is [$79,000.] $100,000. From and after

4-20  the first Monday in January [1997, the annual base salary of] 2003, each

4-21  district judge is [$100,000.] entitled to receive an annual base salary of

4-22  $130,000, cumulatively increased on July 1, 2003, and on July 1 of each

4-23  year thereafter, by any percentage by which the average industrial hourly

4-24  wage in the state increased during the previous fiscal year, as determined

4-25  on July 1 of each year by the employment security division of the

4-26  department of employment, training and rehabilitation.

4-27    2.  If a district judge has served in his office for at least 4 years, he is

4-28  entitled to an additional salary of 2 percent of his annual base salary for

4-29  each year of service. The additional salary must not exceed 22 percent of

4-30  his annual base salary.

4-31    3.  The annual base salaries and the additional salary for longevity

4-32  must be paid in biweekly installments out of the district judges’ salary

4-33  account of the supreme court.

4-34    4.  No salary of any district judge may be paid in advance.

4-35    Sec. 8.  NRS 218.210 is hereby amended to read as follows:

4-36    218.210  [Each]

4-37    1.  Except as otherwise provided in subsection 3, each senator and

4-38  assemblyman is entitled to receive as compensation [$130] the amount set

4-39  forth in subsection 2 per day for each day of service:

4-40    [1.] (a) During any regular session, for the number of days the

4-41  legislature is in session, or in adjournment for not more than 3 days, or the

4-42  maximum number of days for which compensation for a regular session is

4-43  permitted by the constitution, whichever is smaller; and

4-44    [2.] (b) During any special session, for the number of days the

4-45  legislature is in session or the maximum number of days for which

4-46  compensation for a special session is permitted by the constitution,

4-47  whichever is smaller.

 

5-1    2.  The amount each senator and assemblyman is entitled to receive

5-2  per day pursuant to subsection 1 is $175, cumulatively increased on
July 1, 2003, and on July 1 of each year thereafter, by any percentage by

5-3  which the average industrial hourly wage in the state increased during

5-4  the previous fiscal year, as determined on July 1 of each year by the

5-5  employment security division of the department of employment, training

5-6  and rehabilitation.

5-7    3.  The amount each senator or assemblyman elected before

5-8  November 5, 2002, or appointed to succeed a senator or assemblyman

5-9  elected before November 5, 2002, is entitled to receive per day pursuant

5-10  to subsection 1 is $130.

5-11    Sec. 9.  NRS 218.210 is hereby amended to read as follows:

5-12    218.210  1.  [Except as otherwise provided in subsection 3, each]

5-13  Each senator and assemblyman is entitled to receive as compensation the

5-14  amount set forth in subsection 2 per day for each day of service:

5-15    (a) During any regular session, for the number of days the legislature is

5-16  in session, or in adjournment for not more than 3 days, or the maximum

5-17  number of days for which compensation for a regular session is permitted

5-18  by the constitution, whichever is smaller; and

5-19    (b) During any special session, for the number of days the legislature is

5-20  in session or the maximum number of days for which compensation for a

5-21  special session is permitted by the constitution, whichever is smaller.

5-22    2.  The amount each senator and assemblyman is entitled to receive per

5-23  day pursuant to subsection 1 is $175, cumulatively increased on July 1,

5-24  2003, and on July 1 of each year thereafter, by any percentage by which the

5-25  average industrial hourly wage in the state increased during the previous

5-26  fiscal year, as determined on July 1 of each year by the employment

5-27  security division of the department of employment, training and

5-28  rehabilitation.

5-29    [3.  The amount each senator or assemblyman elected before November

5-30  5, 2002, or appointed to succeed a senator or assemblyman elected before

5-31  November 5, 2002, is entitled to receive per day pursuant to subsection 1 is

5-32  $130.]

5-33    Sec. 10.  NRS 245.043 is hereby amended to read as follows:

5-34    245.043  1.  As used in this section:

5-35    (a) “County” includes Carson City.

5-36    (b) “County commissioner” includes the mayor and supervisors of

5-37  Carson City.

5-38    2.  Except as otherwise provided in subsection 3 or by any special law,

5-39  the elected officers of the counties of this state are entitled to receive

5-40  annual salaries in the base amounts specified in the following table. The

5-41  annual salaries are in full payment for all services required by law to be

5-42  performed by such officers. Except as otherwise provided by law, all fees

5-43  and commissions collected by such officers in the performance of their

5-44  duties must be paid into the county treasury each month without deduction

5-45  of any nature.

 

 

 

6-1  [ANNUAL SALARIES

 

6-2                     County    District              County CountyCountyCounty     Public

6-3  Class          CountyCommissionerAttorney    Sheriff    Clerk  Assessor  Recorder      TreasurerAdministrator

6-4  1............. Clark    $54,000$100,800$84,000$72,000$72,000$72,000$72,000      $72,000

6-5  2............. Washoe                39,60096,00078,000   66,000   66,000   66,000      66,000... 66,000

6-6  3............. Carson City         18,00072,36060,000   51,360   51,360   --------      51,360... --------

6-7  Churchill               18,000   72,36060,00051,360   51,360   51,360   --------   --------

6-8  Douglas. 18,000    72,360   60,00051,36051,360   51,360   --------   --------

6-9  Elko...... 18,000    72,360   60,00051,36051,360   51,360   51,360   --------

6-10  ............. Lyon      18,000   72,36060,00051,360   51,360   51,360   --------   --------

6-11  ............. Nye        18,000   72,36060,00051,360   51,360   51,360   51,360   --------

6-12  4........... Humboldt             18,00068,34054,000   42,840   42,840   42,840      42,840... --------

6-13  ............. Lander                  18,00068,34054,000   42,840   42,840   42,840      42,840... --------

6-14  ............. White Pine           18,00068,34054,000   42,840   42,840   42,840      42,840... --------

6-15  5........... Eureka                  15,24060,30043,200   38,400   38,400   38,400   --------............ --------

6-16  ............. Lincoln                 15,24060,30043,200   38,400   38,400   38,400      38,400... --------

6-17  ............. Mineral                15,24060,30043,200   38,400   38,400   38,400   --------............ --------

6-18  ............. Pershing               15,24060,30043,200   38,400   38,400   38,400   --------............ --------

6-19  6........... Esmeralda             12,00047,88038,400   33,600   33,600   33,600   --------............ --------

6-20  ............. Storey                  15,24047,88043,200   38,400   38,400   38,400   --------............ --------]

 

6-21  ANNUAL SALARIES

 

6-22                    County    District            CountyCounty  County  County       Public

6-23  Class         CountyCommissioner    AttorneySheriff   Clerk   Assessor    Recorder          TreasurerAdministrator

6-24  1.... Clark           $68,580$128,016$106,680$91,440$91,440$91,440$91,440       $91,440

6-25  2Washoe             50,292121,92099,06083,820   83,820   83,820     83,820       83,820

6-26  3Carson City        22,860   91,89776,20065,227   65,227   - - - - -     65,227- - - - -

6-27  Churchill             22,860   91,89776,20065,227   65,227   65,227     - - - - -- - - - -

6-28    Douglas             22,860   91,89776,20065,227   65,227   65,227     - - - - -- - - - -

6-29          Elko             22,860   91,89776,20065,227   65,227   65,227     65,227- - - - -

6-30  Humboldt             22,860   91,89776,20065,227   65,227   65,227     65,227- - - - -

6-31          Lyon             22,860   91,89776,20065,227   65,227   65,227     - - - - -- - - - -

6-32            Nye             22,860   91,89776,20065,227   65,227   65,227     65,227- - - - -

6-33  4.. Lander             22,860   86,79268,58054,407   54,407   54,407     54,407- - - - -

6-34  White Pine           22,860   86,79268,58054,407   54,407   54,407     54,407- - - - -

6-35  5. Eureka             19,355   76,58154,86448,768   48,768   48,768     - - - - -- - - - -

6-36     Lincoln             19,355   76,58154,86448,768   48,768   48,768     48,768- - - - -

6-37     Mineral             19,355   76,58154,86448,768   48,768   48,768     - - - - -- - - - -

6-38    Pershing             19,355   76,58154,86448,768   48,768   48,768     - - - - -- - - - -

6-39        Storey             19,355   76,58154,86448,768   48,768   48,768     - - - - -- - - - -

6-40  6Esmeralda          15,240   60,80848,76842,672   42,672   42,672     - - - - -- - - - -

 

6-41    3.  On July 1, 2002, and on July 1 of each year thereafter, the board

6-42  of county commissioners of a county shall cumulatively increase the

7-1  annual salaries of the elected officers of the county set forth in

7-2  subsection 2 by the lesser of:

7-3    (a) The average percentage by which the salaries of all employees of

7-4  the county were increased during the previous fiscal year; or

7-5    (b) The percentage by which the average industrial hourly wage in the

7-6  county increased during the previous fiscal year, as determined on July 1

7-7  of each year by the employment security division of the department of

7-8  employment, training and rehabilitation.

7-9    4.  On or before July 1 of each fiscal year, the board of county

7-10  commissioners of a county may apply to the committee on local

7-11  government finance for a waiver from the requirement of granting an

7-12  increase in the annual salaries of the elected officers of the county for

7-13  the next fiscal year pursuant to subsection 3 if the board determines that

7-14  the financial resources of the county are insufficient to pay the increase

7-15  in the next fiscal year. The committee on local government finance shall

7-16  grant such a waiver if it finds that the financial resources of the county

7-17  are insufficient to pay the increase in the next fiscal year.

7-18    Sec. 11.  Section 9 of chapter 433, Statutes of Nevada 1997, as

7-19  amended by section 40 of chapter 105, Statutes of Nevada 1999, at page

7-20  459, is hereby amended to read as follows:

7-21    Sec. 9.  1.  Sections 1 [to 6, inclusive,] , 2, 3, 5 and 6 of this act

7-22  [,] expire by limitation on the date on which the qualified electors of

7-23  this state approve a constitutional amendment that establishes an

7-24  intermediate court of appeals within the State of Nevada.

7-25    2.  Notwithstanding the provisions of subsection 1, the additional

7-26  justices whose positions are abolished by the establishment of an

7-27  intermediate court of appeals must be permitted to serve the

7-28  remainder of the terms to which they were elected. At the end of those

7-29  terms, the positions of the additional justices must be abolished, along

7-30  with the positions of any staff hired directly to support the additional

7-31  justices.

7-32    Sec. 12.  1.  There is hereby appropriated from the state general fund

7-33  to the legislative fund the sum of $12,000 for expenses incurred by the

7-34  commission to review the compensation of constitutional officers,

7-35  legislators, supreme court justices, district judges and elected county

7-36  officers which is created pursuant to NRS 281.1571, to carry out the

7-37  provisions of NRS 281.157 to 281.1575, inclusive.

7-38    2.  Any remaining balance of the appropriation made by subsection 1

7-39  must not be committed for expenditure after June 30, 2003, and reverts to

7-40  the state general fund as soon as all payments of money committed have

7-41  been made.

7-42    Sec. 13.  On or before July 1, 2001, the board of county

7-43  commissioners of a county may apply to the committee on local

7-44  government finance for a waiver from the applicability of the amendatory

7-45  provisions of subsection 2 of section 10 of this act for fiscal year
2001-2002, if the board determines that the financial resources of the

7-46  county are insufficient to pay the increases set forth in those amendatory

7-47  provisions. The committee on local government finance shall grant such a

7-48  waiver for a period of not more than 1 year if it finds that the financial

8-1  resources of the county are insufficient to pay the increases set forth in the

8-2  amendatory provisions of subsection 2 of section 10 of this act for fiscal

8-3  year 2001-2002. The board of county commissioners may apply to the

8-4  committee on local government finance for one or more extensions of the

8-5  waiver granted to the county pursuant to this section. The committee on

8-6  local government finance shall extend such a waiver for a period of not

8-7  more than 1 year for each requested extension if it finds that the financial

8-8  resources of the county continue to be insufficient to pay the increases set

8-9  forth in the amendatory provisions of subsection 2 of section 10 of this act.

8-10    Sec. 14.  The provisions of subsection 1 of NRS 354.599 do not apply

8-11  to any additional expenses of a local government that are related to the

8-12  provisions of this act.

8-13    Sec. 15.  1.  This section and sections 1 to 8, inclusive, and 10 to 14,

8-14  inclusive, of this act become effective on July 1, 2001.

8-15    2.  Section 9 of this act becomes effective on November 2, 2004.

 

8-16  H