exempt

                                                   (REPRINTED WITH ADOPTED AMENDMENTS)

                                                                                 SECOND REPRINT   A.B. 606

 

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 compensation of certain public officers. (BDR 1‑1435)

 

FISCAL NOTE:  Effect on Local Government: Yes.

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

 

CONTAINS UNFUNDED MANDATE (§ 18)

(Not Requested by Affected Local Government)

 

~

 

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 public officers; making various changes regarding the compensation of certain public officers; creating a supreme court and a district court commission on law libraries; making appropriations; 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 2 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    The annual base salary to which a justice of the supreme court

1-4  described in subsection 1 of NRS 2.050 is entitled to receive must be

1-5  cumulatively increased on July 1, 2003, and on July 1 of each year

1-6  thereafter, by any percentage by which the average industrial hourly

1-7  wage in the state increased during the previous fiscal year, as determined

1-8  on July 1 of each year by the employment security division of the

1-9  department of employment, training and rehabilitation.

1-10    Sec. 2.  NRS 2.050 is hereby amended to read as follows:

1-11    2.050  1.  Until the first Monday in January [1997,] 2003, the justices

1-12  of the supreme court whose terms of office expire on the first Monday in

1-13  January [1997] 2003 are entitled to receive an annual base salary of

1-14  [$85,000.] $107,600. From and after the first Monday in January [1997,]

1-15  2003, their successors in office are entitled to receive [a salary of

1-16  $107,600.] an annual base salary of $150,000.


2-1    2.  Until the first Monday in January [1999,] 2005, the justices of the

2-2  supreme court whose terms of office expire on the first Monday in January

2-3  [1999] 2005 are entitled to receive an annual base salary of [$85,000.]

2-4  $107,600. From and after the first Monday in January [1999,] 2005, their

2-5  successors in office are entitled to receive [a salary of $107,600.] an

2-6  annual base salary equivalent to that to which the justices of the supreme

2-7  court described in subsection 1 are entitled to receive.

2-8    3.  Until the first Monday in January [2001, the justice] 2007, the

2-9  justices of the supreme court whose [term] terms of office [expires] expire

2-10  on the first Monday in January [2001 is] 2007 are entitled to receive an

2-11  annual base salary of [$85,000.] $107,600. From and after the first Monday

2-12  in January [2001, his successor] 2007, their successors in office [is] are

2-13  entitled to receive [a salary of $107,600.

2-14    4.  The justices elected pursuant to subsection 4 of NRS 2.030 and their

2-15  respective successors are entitled to receive a salary of $107,600.

2-16    5.] an annual base salary equivalent to that to which the justices of the

2-17  supreme court described in subsection 1 are entitled to receive.

2-18    4. All salaries provided for in this section are payable in biweekly

2-19  installments as other state officers are paid.

2-20  Sec. 3.  NRS 2.060 is hereby amended to read as follows:

2-21  2.060  1.  Any justice of the supreme court who has served as a justice

2-22  or judge of a district court in any one or more of those courts for a period

2-23  or periods aggregating 22 years and has ended such service is, after

2-24  reaching the age of 60 years, entitled to receive annually from the State of

2-25  Nevada, as a pension during the remainder of his life, a sum of money

2-26  equal in amount to three-fourths the sum received as a salary for his

2-27  judicial services during the last year thereof, payable every 2 weeks from

2-28  money provided by direct legislative appropriation.

2-29  2.  Any justice of the supreme court who has served as a justice or

2-30  judge of a district court in any one or more of those courts for a period or

2-31  periods aggregating 5 years and has ended such service is, after reaching

2-32  the age of 60 years, entitled to receive annually from the State of Nevada,

2-33  as a pension during the remainder of his life, a sum of money equal in

2-34  amount to 4.1666 percent of the sum received as a salary for his judicial

2-35  services during the last year thereof, payable every 2 weeks from money

2-36  provided by direct legislative appropriation.

2-37  3.  Any justice of the supreme court who qualifies for a pension under

2-38  the provisions of subsection 2 is entitled to receive, for each year served

2-39  beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent

2-40  of the sum received as a salary for his judicial services during the last year

2-41  thereof, payable as provided in subsection 2.

2-42  4.  Any justice who has retired pursuant to subsection 3 and is

2-43  thereafter recalled to additional active service in the court system is entitled

2-44  to receive credit toward accumulating 22 years’ service for the maximum

2-45  pension based upon the time he actually spends in the additional active

2-46  service.

2-47  5.  Any justice who has the years of service necessary to retire but has

2-48  not attained the required age may retire at any age with a benefit actuarially

2-49  reduced to the required retirement age. A benefit under this subsection


3-1  must be reduced in the same manner as benefits are reduced for persons

3-2  retired under the public employees’ retirement system.

3-3    6.  Any person receiving a pension pursuant to the provisions of this

3-4  section is entitled to receive post-retirement increases equal to those

3-5  provided for persons retired under the public employees’ retirement

3-6  system.

3-7    7.  Any justice who desires to receive the benefits of this section must

3-8  file with the state controller and the state treasurer an affidavit setting forth

3-9  the fact that he is ending his service, the date and place of his birth, and the

3-10  years he has served in any district court or the supreme court.

3-11  8.  Upon such notice and filing of the affidavit, the state controller shall

3-12  draw his warrant, payable to the justice who has thus ended his service,

3-13  upon the state treasurer for the sum due to him, and the state treasurer shall

3-14  pay the sum out of money provided by direct legislative appropriation.

3-15  9.  The faith of the State of Nevada is hereby pledged that this section

3-16  shall not be repealed or amended so as to affect any justice who may have

3-17  ended his service pursuant to it.

3-18  10.  As used in this section, “salary” includes a salary received for

3-19  service on a supreme court commission created by statute.

3-20  Sec. 4.  NRS 2.410 is hereby amended to read as follows:

3-21  2.410  1.  The supreme court law library shall be under the

3-22  supervision and control of the supreme court, which may make and enforce

3-23  such rules and regulations as may be necessary for the government, use and

3-24  services of the library. Such rules or regulations shall assure that the library

3-25  is accessible for public use and to users in all parts of the state.

3-26  2.  There is hereby created a supreme court commission on law

3-27  libraries. The chief justice of the supreme court shall appoint justices of

3-28  the supreme court who are interested in issues related to improving

3-29  access by the public to the law and legal publications to serve on the

3-30  commission.

3-31  3.  The supreme court commission on law libraries shall:

3-32  (a) Advise the supreme court concerning the government, use and

3-33  services of the supreme court law library, including, without limitation,

3-34  any decisions made by the supreme court pursuant to subsection 1 and

3-35  NRS 2.420 and 2.430;

3-36  (b) Coordinate the development of materials to aid persons who

3-37  choose to represent themselves in litigation and other legal matters

3-38  rather than retaining an attorney; and

3-39  (c) Provide assistance and advice to the district court commission on

3-40  law libraries during its existence concerning the government, use and

3-41  services of county law libraries.

3-42  4.  The commission shall meet at least quarterly and shall prepare

3-43  and submit an annual report to the administrative office of the courts.

3-44  5.  On January 6, 2003, the chief justice of the supreme court shall

3-45  appoint two justices of the supreme court to serve terms on the supreme

3-46  court commission on law libraries which begin on January 6, 2003, and

3-47  end on January 2, 2005, and three justices to serve terms which begin on

3-48  January 6, 2003, and end on December 31, 2006. If a justice appointed

3-49  pursuant to this subsection to serve on the supreme court commission on


4-1  law libraries ceases to be a justice of the supreme court, his term as a

4-2  member of the supreme court commission on law libraries expires on the

4-3  date that he ceases to be a justice of the supreme court. Such a vacancy

4-4  on the supreme court commission on law libraries may only be filled by

4-5  the person appointed to fill the vacancy on the supreme court and only

4-6  for the remainder of the term for which he is appointed and actually

4-7  serves.

4-8    6.  Each member of the supreme court commission on law libraries

4-9  who is appointed pursuant to subsection 5 is entitled to receive a salary of

4-10  $42,400 for each year that he serves on the commission, payable in

4-11  biweekly installments.

4-12  Sec. 5.  Chapter 3 of NRS is hereby amended by adding thereto the

4-13  provisions set forth as sections 6 and 7 of this act.

4-14  Sec. 6.  The annual base salary to which a district judge is entitled

4-15  pursuant to subsection 1 of NRS 3.030 must be cumulatively increased

4-16  on July 1, 2003, and on July 1 of each year thereafter, by any percentage

4-17  by which the average industrial hourly wage in the state increased during

4-18  the previous fiscal year, as determined on July 1 of each year by the

4-19  employment security division of the department of employment, training

4-20  and rehabilitation.

4-21  Sec. 7.  1.  There is hereby created a district court commission on

4-22  law libraries. The commission shall:

4-23  (a) Make recommendations to and otherwise advise generally the

4-24  boards of law library trustees established pursuant to chapter 380 of NRS

4-25  concerning policies and procedures related to improving access by the

4-26  public to the law and legal publications;

4-27  (b) Coordinate the development of materials to aid persons who

4-28  choose to represent themselves in litigation and other legal matters

4-29  rather than retaining an attorney; and

4-30  (c) In a county in which the board of county commissioners governs

4-31  and manages a law library, make recommendations to and otherwise

4-32  advise the board of county commissioners concerning any issues that

4-33  arise as the board manages the law library, carries out its duties set forth

4-34  in chapter 380 of NRS or exercises any power granted to a board of law

4-35  library trustees pursuant to chapter 380 of NRS and concerning policies

4-36  and procedures related to improving access by the public to the law and

4-37  legal publications.

4-38  2.  The district court commission on law libraries shall meet at least

4-39  quarterly and shall prepare and submit an annual report to the

4-40  administrative office of the courts.

4-41  3.  On January 6, 2003, the:

4-42  (a) Chief judge of the second judicial district shall appoint two district

4-43  judges from the second judicial district to serve terms on the district court

4-44  commission on law libraries which begin on January 6, 2003, and end on

4-45  January 2, 2005; and

4-46  (b) Chief judge of the eighth judicial district shall appoint six district

4-47  judges from the eighth judicial district to serve terms on the district court

4-48  commission on law libraries which begin on January 6, 2003, and end on

4-49  January 2, 2005.


5-1  If a district judge appointed pursuant to this subsection to serve on the

5-2  district court commission on law libraries ceases to be a district judge, his

5-3  term as a member of the district court commission on law libraries

5-4  expires on the date that he ceases to be a district judge. Such a vacancy

5-5  on the district court commission on law libraries may only be filled by the

5-6  person appointed to fill the vacancy on the district court and only for the

5-7  remainder of the term for which he is appointed and actually serves.

5-8    4.  On or after January 6, 2003, the chief judge of any other judicial

5-9  district may appoint one district judge to serve on the district court

5-10  commission on law libraries.

5-11  5.  Each member of the district court commission on law libraries

5-12  who was appointed pursuant to subsection 3 is entitled to receive a salary

5-13  of $30,000 for each year that he serves on the commission, payable in

5-14  biweekly installments.

5-15    Sec. 8.  NRS 3.030 is hereby amended to read as follows:

5-16    3.030  1.  Until the first Monday in January [1997,] 2003, the annual

5-17  base salary of each district judge is [$79,000.] $100,000. From and after

5-18  the first Monday in January [1997, the annual base salary of] 2003, each

5-19  district judge is [$100,000.] entitled to receive an annual base salary of

5-20  $130,000.

5-21    2.  If a district judge has served in his office for at least 4 years, he is

5-22  entitled to an additional salary of 2 percent of his annual base salary for

5-23  each year of service. The additional salary must not exceed 22 percent of

5-24  his annual base salary.

5-25    3.  The annual base salaries and the additional salary for longevity

5-26  must be paid in biweekly installments out of the district judges’ salary

5-27  account of the supreme court.

5-28    4.  No salary of any district judge may be paid in advance.

5-29    Sec. 9.  NRS 3.090 is hereby amended to read as follows:

5-30    3.090  1.  Any judge of the district court who has served as a justice of

5-31  the supreme court or judge of a district court in any one or more of those

5-32  courts for a period or periods aggregating 22 years and has ended such

5-33  service is, after reaching the age of 60 years, entitled to receive annually

5-34  from the State of Nevada, as a pension during the remainder of his life, a

5-35  sum of money equal in amount to three-fourths the sum received as a

5-36  salary for his judicial services during the last year thereof, payable every 2

5-37  weeks from money provided by direct legislative appropriation.

5-38    2.  Any judge of the district court who has served as a justice of the

5-39  supreme court or judge of a district court in any one or more of those

5-40  courts for a period or periods aggregating 5 years and has ended such

5-41  service is, after reaching the age of 60 years, entitled to receive annually

5-42  from the State of Nevada, as a pension during the remainder of his life, a

5-43  sum of money equal in amount to 4.1666 percent of the sum received as a

5-44  salary for his judicial services during the last year thereof, payable every 2

5-45  weeks from money provided by direct legislative appropriation.

5-46    3.  Any judge of the district court who qualifies for a pension under the

5-47  provisions of subsection 2 is entitled to receive, for each year served

5-48  beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent


6-1  of the sum received as a salary for his judicial services during the last year

6-2  thereof, payable as provided in subsection 2.

6-3    4.  Any judge who has retired pursuant to subsection 3 and is thereafter

6-4  recalled to additional active service in the court system is entitled to

6-5  receive credit toward accumulating 22 years’ service for the maximum

6-6  pension based upon the time he actually spends in the additional active

6-7  service.

6-8    5.  Any district judge who has the years of service necessary to retire

6-9  but has not attained the required age may retire at any age with a benefit

6-10  actuarially reduced to the required retirement age. A retirement benefit

6-11  under this subsection must be reduced in the same manner as benefits are

6-12  reduced for persons retired under the public employees’ retirement system.

6-13    6.  Any person receiving a pension pursuant to the provisions of this

6-14  section is entitled to receive post-retirement increases equal to those

6-15  provided for persons retired in the public employees’ retirement system.

6-16    7.  Any judge of the district court who desires to receive the benefits of

6-17  this section must file with the state controller and the state treasurer an

6-18  affidavit setting forth the fact that he is ending his service, the date and

6-19  place of his birth, and the years he has served in any district court or the

6-20  supreme court.

6-21    8.  Upon such notice and filing of the affidavit, the state controller shall

6-22  draw his warrant, payable to the judge who has thus ended his service,

6-23  upon the state treasurer for the sum due to him, and the state treasurer shall

6-24  pay the sum out of money provided by direct legislative appropriation.

6-25  9.  The faith of the State of Nevada is hereby pledged that this section

6-26  shall not be repealed or amended so as to affect any judge of the district

6-27  court who may have ended his service pursuant to it.

6-28  10.  As used in this section, “salary” includes a salary received for

6-29  service on a district court commission created by statute.

6-30  Sec. 10.  NRS 218.210 is hereby amended to read as follows:

6-31    218.210  [Each]

6-32    1.  Except as otherwise provided in subsection 2, each senator and

6-33  assemblyman is entitled to receive as compensation [$130] $175 per day

6-34  for each day of service:

6-35    [1.] (a) During any regular session, for the number of days the

6-36  legislature is in session, or in adjournment for not more than 3 days, or the

6-37  maximum number of days for which compensation for a regular session is

6-38  permitted by the constitution, whichever is smaller; and

6-39    [2.] (b) During any special session, for the number of days the

6-40  legislature is in session or the maximum number of days for which

6-41  compensation for a special session is permitted by the constitution,

6-42  whichever is smaller.

6-43  2.  Each senator or assemblyman elected before November 5, 2002, or

6-44  appointed to succeed a senator or assemblyman elected before

6-45  November 5, 2002, is entitled to receive as compensation $130 per day for

6-46  each day of service:

6-47  (a) During any regular session, for the number of days the legislature

6-48  is in session, or in adjournment for not more than 3 days, or the


7-1  maximum number of days for which compensation for a regular session

7-2  is permitted by the constitution, whichever is smaller; and

7-3    (b) During any special session, for the number of days the legislature

7-4  is in session or the maximum number of days for which compensation

7-5  for a special session is permitted by the constitution, whichever is

7-6  smaller.

7-7    Sec. 11.  NRS 218.210 is hereby amended to read as follows:

7-8    218.210  [1.  Except as otherwise provided in subsection 2, each]

7-9  Each senator and assemblyman is entitled to receive as compensation $175

7-10  per day for each day of service:

7-11  [(a)] 1.  During any regular session, for the number of days the

7-12  legislature is in session, or in adjournment for not more than 3 days, or the

7-13  maximum number of days for which compensation for a regular session is

7-14  permitted by the constitution, whichever is smaller; and

7-15  [(b)] 2.  During any special session, for the number of days the

7-16  legislature is in session or the maximum number of days for which

7-17  compensation for a special session is permitted by the constitution,

7-18  whichever is smaller.

7-19  [2.  Each senator or assemblyman elected before November 5, 2002, or

7-20  appointed to succeed a senator or assemblyman elected before November

7-21  5, 2002, is entitled to receive as compensation $130 per day for each day of

7-22  service:

7-23  (a) During any regular session, for the number of days the legislature is

7-24  in session, or in adjournment for not more than 3 days, or the maximum

7-25  number of days for which compensation for a regular session is permitted

7-26  by the constitution, whichever is smaller; and

7-27  (b) During any special session, for the number of days the legislature is

7-28  in session or the maximum number of days for which compensation for a

7-29  special session is permitted by the constitution, whichever is smaller.]

7-30  Sec. 12.  (Deleted by amendment.)

7-31  Sec. 13.  NRS 224.050 is hereby amended to read as follows:

7-32  224.050  1.  Until the first Monday in January [1999,] 2003, the

7-33  lieutenant governor is entitled to receive an annual salary of [$20,000.]

7-34  $50,000. From and after the first Monday in January [1999,] 2003, the

7-35  lieutenant governor is entitled to receive an annual salary of [$50,000.]

7-36  $55,000.

7-37  2.  In addition to the annual salary provided for in subsection 1, the

7-38  lieutenant governor is entitled to receive the compensation provided for a

7-39  majority of the members of the legislature during the first 60 days of the

7-40  session and the per diem allowance and travel expenses authorized for the

7-41  members of the legislature.

7-42  3.  In addition to the salary provided in subsections 1 and 2, the

7-43  lieutenant governor is entitled to receive $130 for each day on which he is

7-44  actually employed as governor and the per diem allowance and travel

7-45  expenses as provided for state officers and employees generally when

7-46  acting as governor, or when discharging other official duties as lieutenant

7-47  governor, at times when the legislature is not in session.

 

 


8-1    Sec. 14.  NRS 225.050 is hereby amended to read as follows:

8-2    225.050  Until the first Monday in January [1999,] 2003, the secretary

8-3  of state is entitled to receive an annual salary of [$62,500.] $80,000. From

8-4  and after the first Monday in January [1999,] 2003, the secretary of state is

8-5  entitled to receive an annual salary of [$80,000.] $88,000.

8-6    Sec. 15.  NRS 226.090 is hereby amended to read as follows:

8-7    226.090  Until the first Monday in January [1999,] 2003, the state

8-8  treasurer is entitled to receive an annual salary of [$62,500.] $80,000. From

8-9  and after the first Monday in January [1999,] 2003, the state treasurer is

8-10  entitled to receive an annual salary of [$80,000.] $88,000.

8-11  Sec. 16.  NRS 227.060 is hereby amended to read as follows:

8-12  227.060  Until the first Monday in January [1999,] 2003, the state

8-13  controller is entitled to receive an annual salary of [$62,500.] $80,000.

8-14  From and after the first Monday in January [1999,] 2003, the state

8-15  controller is entitled to receive an annual salary of [$80,000.] $88,000.

8-16  Sec. 17.  NRS 228.070 is hereby amended to read as follows:

8-17  228.070  1.  Until the first Monday in January [1999,] 2003, the

8-18  attorney general is entitled to receive an annual salary of [$85,000.]

8-19  $110,000. From and after the first Monday in January [1999,] 2003, the

8-20  attorney general is entitled to receive an annual salary of [$110,000.]

8-21  $121,000.

8-22  2.  Except as otherwise provided in NRS 7.065, the attorney general

8-23  shall not engage in the private practice of law.

8-24    Sec. 18.  NRS 245.043 is hereby amended to read as follows:

8-25    245.043  1.  As used in this section:

8-26    (a) “County” includes Carson City.

8-27    (b) “County commissioner” includes the mayor and supervisors of

8-28  Carson City.

8-29    2.  Except as otherwise provided in subsection 3 or by any special law,

8-30  the elected officers of the counties of this state are entitled to receive

8-31  annual salaries in the base amounts specified in the following table. The

8-32  annual salaries are in full payment for all services required by law to be

8-33  performed by such officers. Except as otherwise provided by law, all fees

8-34  and commissions collected by such officers in the performance of their

8-35  duties must be paid into the county treasury each month without deduction

8-36  of any nature.

 

8-37  [ANNUAL SALARIES

 

8-38                    County    District              County CountyCountyCounty     Public

8-39  Class         CountyCommissionerAttorney    Sheriff    Clerk  Assessor  Recorder      TreasurerAdministrator

8-40  1........... Clark    $54,000$100,800$84,000$72,000$72,000$72,000$72,000      $72,000

8-41  2........... Washoe                39,60096,00078,000   66,000   66,000   66,000      66,000... 66,000

8-42  3........... Carson City         18,00072,36060,000   51,360   51,360   --------      51,360... --------

8-43  ............. Churchill              18,00072,36060,000   51,360   51,360   51,360    --------   --------

8-44  ............. Douglas                18,00072,36060,000   51,360   51,360   51,360    --------   --------

8-45  ............. Elko        18,000   72,36060,00051,360   51,360   51,360   51,360    --------

8-46  ............. Lyon      18,000   72,36060,00051,360   51,360   51,360   --------    --------

8-47  ............. Nye        18,000   72,36060,00051,360   51,360   51,360   51,360    --------


9-1  4............. Humboldt             18,00068,34054,000   42,840   42,840   42,840      42,840... --------

9-2  Lander... 18,000    68,340   54,00042,84042,840   42,840   42,840   --------

9-3  White Pine            18,000   68,34054,00042,840   42,840   42,840   42,840    --------

9-4  5............. Eureka                  15,24060,30043,200   38,400   38,400   38,400    --------   --------

9-5  Lincoln.. 15,240    60,300   43,20038,40038,400   38,400   38,400   --------

9-6  Mineral. 15,240    60,300   43,20038,40038,400   38,400   --------   --------

9-7  Pershing15,240    60,300   43,20038,40038,400   38,400   --------   --------

9-8  6............. Esmeralda             12,00047,88038,400   33,600   33,600   33,600    --------   --------

9-9  Storey... 15,240    47,880   43,20038,40038,400   38,400   --------  --------]

 

9-10  ANNUAL SALARIES

 

9-11                    County    District            CountyCounty  County  County       Public

9-12  Class         CountyCommissioner    AttorneySheriff   Clerk   Assessor    Recorder          TreasurerAdministrator

9-13  1........... Clark    $68,580$145,000$130,000$91,440$91,440$91,440$91,440      $91,440

9-14  2........... Washoe                50,292128,000107,00083,820   83,820   83,820      83,820... 83,820

9-15  3........... Carson City          22,86091,89776,200   65,227   65,227- - - - -      65,227... - - - - -

9-16  ............. Churchill            22,86091,89776,200   65,227   65,227   65,227    - - - - -     - - - - -

9-17  ............. Douglas               22,86091,89776,200   65,227   65,227   65,227    - - - - -     - - - - -

9-18  ............. Elko       22,860   91,89776,20065,227   65,227   65,227   65,227    - - - - -

9-19  ............. Lyon       22,860   91,89776,20065,227   65,227   65,227   - - - - -    - - - - -

9-20  ............. Nye         22,860   91,89776,20065,227   65,227   65,227   65,227    - - - - -

9-21  ............. Humboldt            22,86091,89776,200   65,227   65,227   65,227      65,227... - - - - -

9-22  4........... Lander                 22,86086,79268,580   54,407   54,407   54,407      54,407... - - - - -

9-23  ............. White Pine          22,86086,79268,580   54,407   54,407   54,407      54,407... - - - - -

9-24  5........... Eureka                 19,35576,58154,864   48,768   48,768   48,768    - - - - -     - - - - -

9-25  ............. Lincoln                19,35576,58154,864   48,768   48,768   48,768      48,768... - - - - -

9-26  ............. Mineral               19,35576,58154,864   48,768   48,768   48,768    - - - - -     - - - - -

9-27  ............. Pershing              19,35576,58154,864   48,768   48,768   48,768    - - - - -     - - - - -

9-28  ............. Storey                   19,35576,58154,864   48,768   48,768   48,768    - - - - -     - - - - -

9-29  6........... Esmeralda            15,24060,80848,768   42,672   42,672   42,672    - - - - -     - - - - -

 

9-30  3.  Upon a determination by the board of county commissioners

9-31  pursuant to subsection 4 to implement the increase provided in this

9-32  subsection or the denial of a waiver requested pursuant to subsection 5,

9-33  the annual salaries of the elected officers of the county set forth in

9-34  subsection 2 must be increased on July 1, 2002, and each July 1

9-35  thereafter by the lesser of:

9-36  (a) The average percentage by which the salaries of all employees of

9-37  the county were increased during the previous fiscal year; or

9-38  (b) The percentage by which the average hourly wage in the county

9-39  increased during the previous fiscal year, as determined on July 1 of

9-40  each year by the employment security division of the department of

9-41  employment, training and rehabilitation.

9-42  Increases in the annual salaries of the elected officers of the county

9-43  required pursuant to this section are cumulative.

9-44  4.  At a regular meeting held on or before July 1 of each fiscal year,

9-45  the board of county commissioners shall:


10-1  (a) Implement an increase in the annual salaries of the elected

10-2  officers of the county based on the calculation set forth in subsection 3, if

10-3  any; or

10-4  (b) Request a waiver pursuant to subsection 5 from the requirement of

10-5  implementing all or part of the increase in the salaries.

10-6  5.  The board of county commissioners may apply to the committee on

10-7  local government finance for a waiver from the requirement of granting

10-8  all or part of an increase in the annual salaries of the elected officers of

10-9  the county for the next fiscal year pursuant to subsection 3 if the board

10-10  determines that the financial resources of the county are insufficient to

10-11  pay the increase in the next fiscal year. The committee on local

10-12  government finance shall grant such a waiver if it finds that the financial

10-13  resources of the county are insufficient to pay the entire increase in the

10-14  next fiscal year.

10-15  Sec. 19.  Section 9 of chapter 433, Statutes of Nevada 1997, as

10-16  amended by section 40 of chapter 105, Statutes of Nevada 1999, at page

10-17  459, is hereby amended to read as follows:

10-18  Sec. 9.  1.  Sections 1 [to 6, inclusive,] , 2, 3, 5 and 6 of this act

10-19  [,] expire by limitation on the date on which the qualified electors of

10-20  this state approve a constitutional amendment that establishes an

10-21  intermediate court of appeals within the State of Nevada.

10-22  2.  Notwithstanding the provisions of subsection 1, the additional

10-23  justices whose positions are abolished by the establishment of an

10-24  intermediate court of appeals must be permitted to serve the

10-25  remainder of the terms to which they were elected. At the end of those

10-26  terms, the positions of the additional justices must be abolished, along

10-27  with the positions of any staff hired directly to support the additional

10-28  justices.

10-29  Sec. 20.  NRS 245.044 is hereby repealed.

10-30  Sec. 21.  1.  There is hereby appropriated from the state general fund

10-31  to the district judges salary account the sum of $156,150 for the payment of

10-32  the salaries of the members of the district court commission on law

10-33  libraries.

10-34  2.  There is hereby appropriated from the state general fund to the

10-35  supreme court the sum of $97,538 for the payment of the salaries of the

10-36  members of the supreme court commission on law libraries.

10-37  3.  Any remaining balance of the appropriations made by subsections 1

10-38  and 2 must not be committed for expenditure after June 30, 2003, and

10-39  reverts to the state general fund as soon as all payments of money

10-40  committed have been made.

10-41  Sec. 22.  Notwithstanding the provisions of section 20 of this act that

10-42  repeal NRS 245.044, an elected county officer who is serving a term of

10-43  office on July 1, 2001, and who is eligible to receive the additional salary

10-44  provided in NRS 245.044 were entitled to continue to receive credit for

10-45  service for the calculation of that additional salary until the expiration of

10-46  his current term and his salary must be increased accordingly as if NRS

10-47  245.044 were not repealed by this act. For each calendar year that an

10-48  elected officer serves after the expiration of the term which he is serving as

10-49  of July 1, 2001, the board of county commissioners shall continue to pay


11-1  the additional salary of the elected officer based on the percentage of

11-2  additional salary payable to the elected officer pursuant to this section in

11-3  the final year of his current term.

11-4  Sec. 23.  1.  At the first regular meeting of the board of county

11-5  commissioners of a county on or after the effective date of this section, the

11-6  board shall determine whether to:

11-7  (a) Implement the annual salaries of the elected officers of the county

11-8  set forth in subsection 2 of  NRS 245.043, as amended by this act; or

11-9  (b) Request a waiver from all or part of the increases set forth in

11-10  subsection 2 of NRS 245.043, as amended by this act, in the manner set

11-11  forth in subsection 2.

11-12  2.  The board of county commissioners of a county may apply to the

11-13  committee on local government finance for a waiver from all or part of the

11-14  increases set forth in subsection 2 of NRS 245.043, as amended by this act,

11-15  in fiscal year 2001-2002 if the board determines that the financial resources

11-16  of the county are insufficient to pay the increases set forth in that

11-17  subsection in fiscal year 2001-2002. The committee on local government

11-18  finance shall grant such a waiver for a period of not more than 1 year if it

11-19  finds that the financial resources of the county are insufficient to pay the

11-20  entire amount of the increases set forth in subsection 2 of NRS 245.043, as

11-21  amended by this act, in fiscal year 2001-2002. The board of county

11-22  commissioners may apply to the committee on local government finance

11-23  for one or more extensions of the waiver granted to the county pursuant to

11-24  this section. The committee on local government finance shall extend such

11-25  a waiver for a period of not more than 1 year for each requested extension

11-26  if it finds that the financial resources of the county continue to be

11-27  insufficient to pay the entire amount of the increases set forth in subsection

11-28  2 of NRS 245.043, as amended by this act.

11-29  Sec. 24.  The provisions of subsection 1 of NRS 354.599 do not apply

11-30  to any additional expenses of a local government that are related to the

11-31  provisions of this act.

11-32  Sec. 25.  1.  This section and section 23 of this act become effective

11-33  upon passage and approval.

11-34  2.  Sections 2, 5, 8, 10, 12 to 20, inclusive, 22 and 24 of this act

11-35  become effective on July 1, 2001.

11-36  3.  Sections 1 and 6 of this act:

11-37  (a) Become effective on July 1, 2001; and

11-38  (b) Expire by limitation on June 30, 2005, if the constitutional

11-39  amendments proposed by Assembly Joint Resolution No. 14 of this session

11-40  are approved by the voters at the general election on November 2, 2004.

11-41  4.  Section 21 of this act becomes effective on July 1, 2002.

11-42  5.  Sections 3 and 4 of this act become effective on January 6, 2003,

11-43  and expire by limitation on December 31, 2006.

11-44  6.  Sections 7 and 9 of this act become effective on January 6, 2003,

11-45  and expire by limitation on January 2, 2005.

11-46  7.  Section 11 of this act becomes effective on November 2, 2004.


 

 

12-1  TEXT OF REPEALED SECTION

 

 

12-2  245.044  Payment for longevity for elected county officers.

12-3  1.  On and after July 1, 1973, if an elected county officer has served in

12-4   his office for more than 4 years, he is entitled to an additional salary of 2

12-5   percent of his base salary provided in NRS 245.043 for each full calendar

12-6   year he has served in his office.

12-7  2.  The additional salary provided in this section for an eligible county

12-8   officer:

12-9  (a) Must be computed on July 1 of each year by multiplying 2 percent

12-10   of the base salary provided in NRS 245.043 by the number of full calendar

12-11   years the elected county officer has served in his office; and

12-12  (b) Must not exceed 20 percent of the base salary provided in NRS

12-13   245.043.

12-14  3.  Service on the board of supervisors of Carson City for the initial

12-15   term which began on July 1, 1969, and ended on the first Monday of

12-16   January, 1973, shall be deemed to constitute 4 full calendar years of

12-17   service for the purposes of this section.

 

12-18  H