2001 REGULAR SESSION (71st) A AB606 1200
Adoption of this amendment will MAINTAIN an unfunded mandate not requested by the affected local government to AB606 (§ 18).
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting sections 1 through 5, renumbering sec. 6 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Chapter 2 of NRS is hereby amended by adding thereto a new section to read as follows:
The annual base salary to which a justice of the supreme court described in subsection 1 of NRS 2.050 is entitled to receive must be cumulatively increased on July 1, 2003, and on July 1 of each year thereafter, by any percentage by which the average industrial hourly wage in the state increased during the previous fiscal year, as determined on July 1 of each year by the employment security division of the department of employment, training and rehabilitation.”.
Amend sec. 6, page 3, by deleting lines 41 through 46 and inserting:
“$107,600.] an annual base salary of $150,000.”.
Amend the bill as a whole by renumbering sec. 7 as sec. 8 and adding new sections designated sections 3 through 7, following sec. 6, to read as follows:
“Sec. 3. NRS 2.060 is hereby amended to read as follows:
2.060 1. Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 22 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to three-fourths the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.
2. Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 5 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.
3. Any justice of the supreme court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable as provided in subsection 2.
4. Any justice who has retired pursuant to subsection 3 and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 22 years’ service for the maximum pension based upon the time he actually spends in the additional active service.
5. Any justice who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the public employees’ retirement system.
6. Any person receiving a pension pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired under the public employees’ retirement system.
7. Any justice who desires to receive the benefits of this section must file with the state controller and the state treasurer an affidavit setting forth the fact that he is ending his service, the date and place of his birth, and the years he has served in any district court or the supreme court.
8. Upon such notice and filing of the affidavit, the state controller shall draw his warrant, payable to the justice who has thus ended his service, upon the state treasurer for the sum due to him, and the state treasurer shall pay the sum out of money provided by direct legislative appropriation.
9. The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any justice who may have ended his service pursuant to it.
10. As used in this section, “salary” includes a salary received for service on a supreme court commission created by statute.
Sec. 4. NRS 2.410 is hereby amended to read as follows:
2.410 1. The supreme court law library shall be under the supervision and control of the supreme court, which may make and enforce such rules and regulations as may be necessary for the government, use and services of the library. Such rules or regulations shall assure that the library is accessible for public use and to users in all parts of the state.
2. There is hereby created a supreme court commission on law libraries. The chief justice of the supreme court shall appoint justices of the supreme court who are interested in issues related to improving access by the public to the law and legal publications to serve on the commission.
3. The supreme court commission on law libraries shall:
(a) Advise the supreme court concerning the government, use and services of the supreme court law library, including, without limitation, any decisions made by the supreme court pursuant to subsection 1 and NRS 2.420 and 2.430;
(b) Coordinate the development of materials to aid persons who choose to represent themselves in litigation and other legal matters rather than retaining an attorney; and
(c) Provide assistance and advice to the district court commission on law libraries during its existence concerning the government, use and services of county law libraries.
4. The commission shall meet at least quarterly and shall prepare and submit an annual report to the administrative office of the courts.
5. On January 6, 2003, the chief justice of the supreme court shall appoint two justices of the supreme court to serve terms on the supreme court commission on law libraries which begin on January 6, 2003, and end on January 2, 2005, and three justices to serve terms which begin on January 6, 2003, and end on December 31, 2006. If a justice appointed pursuant to this subsection to serve on the supreme court commission on law libraries ceases to be a justice of the supreme court, his term as a member of the supreme court commission on law libraries expires on the date that he ceases to be a justice of the supreme court. Such a vacancy on the supreme court commission on law libraries may only be filled by the person appointed to fill the vacancy on the supreme court and only for the remainder of the term for which he is appointed and actually serves.
6. Each member of the supreme court commission on law libraries who is appointed pursuant to subsection 5 is entitled to receive a salary of $32,400 for each year that he serves on the commission, payable in biweekly installments.
Sec. 5. Chapter 3 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 and 7 of this act.
Sec. 6. The annual base salary to which a district judge is entitled pursuant to subsection 1 of NRS 3.030 must be cumulatively increased on July 1, 2003, and on July 1 of each year thereafter, by any percentage by which the average industrial hourly wage in the state increased during the previous fiscal year, as determined on July 1 of each year by the employment security division of the department of employment, training and rehabilitation.
Sec. 7. 1. There is hereby created a district court commission on law libraries. The commission shall:
(a) Make recommendations to and otherwise advise generally the boards of law library trustees established pursuant to chapter 380 of NRS concerning policies and procedures related to improving access by the public to the law and legal publications;
(b) Coordinate the development of materials to aid persons who choose to represent themselves in litigation and other legal matters rather than retaining an attorney; and
(c) In a county in which the board of county commissioners governs and manages a law library, make recommendations to and otherwise advise the board of county commissioners concerning any issues that arise as the board manages the law library, carries out its duties set forth in chapter 380 of NRS or exercises any power granted to a board of law library trustees pursuant to chapter 380 of NRS and concerning policies and procedures related to improving access by the public to the law and legal publications.
2. The district court commission on law libraries shall meet at least quarterly and shall prepare and submit an annual report to the administrative office of the courts.
3. On January 6, 2003, the:
(a) Chief judge of the second judicial district shall appoint two district judges from the second judicial district to serve terms on the district court commission on law libraries which begin on January 6, 2003, and end on January 2, 2005; and
(b) Chief judge of the eighth judicial district shall appoint six district judges from the eighth judicial district to serve terms on the district court commission on law libraries which begin on January 6, 2003, and end on January 2, 2005.
FLUSH
If a district judge
appointed pursuant to this subsection to serve on the district court commission
on law libraries ceases to be a district judge, his term as a member of the
district court commission on law libraries expires on the date that he ceases
to be a district judge. Such a vacancy on the district court commission on law
libraries may only be filled by the person appointed to fill the vacancy on the
district court and only for the remainder of the term for which he is appointed
and actually serves.
4. On or after January 6, 2003, the chief judge of any other judicial district may appoint one district judge to serve on the district court commission on law libraries.
5. Each member of the district court commission on law libraries who was appointed pursuant to subsection 3 is entitled to receive a salary of $30,000 for each year that he serves on the commission, payable in biweekly installments.”.
Amend sec. 7, page 4, by deleting lines 22 through 26 and inserting:
“$130,000.”.
Amend the bill as a whole by renumbering sections 8 and 9 as sections 10 and 11 and adding a new section designated sec. 9, following sec. 7, to read as follows:
“Sec. 9. NRS 3.090 is hereby amended to read as follows:
3.090 1. Any judge of the district court who has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating 22 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to three-fourths the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.
2. Any judge of the district court who has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating 5 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.
3. Any judge of the district court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable as provided in subsection 2.
4. Any judge who has retired pursuant to subsection 3 and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 22 years’ service for the maximum pension based upon the time he actually spends in the additional active service.
5. Any district judge who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A retirement benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the public employees’ retirement system.
6. Any person receiving a pension pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired in the public employees’ retirement system.
7. Any judge of the district court who desires to receive the benefits of this section must file with the state controller and the state treasurer an affidavit setting forth the fact that he is ending his service, the date and place of his birth, and the years he has served in any district court or the supreme court.
8. Upon such notice and filing of the affidavit, the state controller shall draw his warrant, payable to the judge who has thus ended his service, upon the state treasurer for the sum due to him, and the state treasurer shall pay the sum out of money provided by direct legislative appropriation.
9. The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any judge of the district court who may have ended his service pursuant to it.
10. As used in this section, “salary” includes a salary received for service on a district court commission created by statute.”.
Amend sec. 8, page 4, by deleting lines 37 through 39 and inserting:
“1. Except as otherwise provided in subsection 2, each senator and assemblyman is entitled to receive as compensation [$130] $175 per day for each day of service:”.
Amend sec. 8, page 5, by deleting lines 1 through 11 and inserting:
“2. Each senator or assemblyman elected before November 5, 2002, or appointed to succeed a senator or assemblyman elected before November 5, 2002, is entitled to receive as compensation $130 per day for each day of service:
(a) During any regular session, for the number of days the legislature is in session, or in adjournment for not more than 3 days, or the maximum number of days for which compensation for a regular session is permitted by the constitution, whichever is smaller; and
(b) During any special session, for the number of days the legislature is in session or the maximum number of days for which compensation for a special session is permitted by the constitution, whichever is smaller.”.
Amend sec. 9, page 5, by deleting lines 13 through 33 and inserting:
“218.210 [1. Except as otherwise provided in subsection 2, each] Each senator and assemblyman is entitled to receive as compensation $175 per day for each day of service:
[(a)] 1. During any regular session, for the number of days the legislature is in session, or in adjournment for not more than 3 days, or the maximum number of days for which compensation for a regular session is permitted by the constitution, whichever is smaller; and
[(b)] 2. During any special session, for the number of days the legislature is in session or the maximum number of days for which compensation for a special session is permitted by the constitution, whichever is smaller.
[2. Each senator or assemblyman elected before November 5, 2002, or appointed to succeed a senator or assemblyman elected before November 5, 2002, is entitled to receive as compensation $130 per day for each day of service:
(a) During any regular session, for the number of days the legislature is in session, or in adjournment for not more than 3 days, or the maximum number of days for which compensation for a regular session is permitted by the constitution, whichever is smaller; and
(b) During any special session, for the number of days the legislature is in session or the maximum number of days for which compensation for a special session is permitted by the constitution, whichever is smaller.]”.
Amend the bill as a whole by renumbering sections 10 and 11 as sections 18 and 19 and adding new sections designated sections 12 through 17, following sec. 9, to read as follows:
“Sec. 12. NRS 223.050 is hereby amended to read as follows:
223.050 Until the first Monday in January [1999,] 2003, the governor is entitled to receive an annual salary of [$90,000.] $117,000. From and after the first Monday in January [1999,] 2003, the governor is entitled to receive an annual salary of [$117,000.] $129,000.
Sec. 13. NRS 224.050 is hereby amended to read as follows:
224.050 1. Until the first Monday in January [1999,] 2003, the lieutenant governor is entitled to receive an annual salary of [$20,000.] $50,000. From and after the first Monday in January [1999,] 2003, the lieutenant governor is entitled to receive an annual salary of [$50,000.] $55,000.
2. In addition to the annual salary provided for in subsection 1, the lieutenant governor is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the session and the per diem allowance and travel expenses authorized for the members of the legislature.
3. In addition to the salary provided in subsections 1 and 2, the lieutenant governor is entitled to receive $130 for each day on which he is actually employed as governor and the per diem allowance and travel expenses as provided for state officers and employees generally when acting as governor, or when discharging other official duties as lieutenant governor, at times when the legislature is not in session.
Sec. 14. NRS 225.050 is hereby amended to read as follows:
225.050 Until the first Monday in January [1999,] 2003, the secretary of state is entitled to receive an annual salary of [$62,500.] $80,000. From and after the first Monday in January [1999,] 2003, the secretary of state is entitled to receive an annual salary of [$80,000.] $88,000.
Sec. 15. NRS 226.090 is hereby amended to read as follows:
226.090 Until the first Monday in January [1999,] 2003, the state treasurer is entitled to receive an annual salary of [$62,500.] $80,000. From and after the first Monday in January [1999,] 2003, the state treasurer is entitled to receive an annual salary of [$80,000.] $88,000.
Sec. 16. NRS 227.060 is hereby amended to read as follows:
227.060 Until the first Monday in January [1999,] 2003, the state controller is entitled to receive an annual salary of [$62,500.] $80,000. From and after the first Monday in January [1999,] 2003, the state controller is entitled to receive an annual salary of [$80,000.] $88,000.
Sec. 17. NRS 228.070 is hereby amended to read as follows:
228.070 1. Until the first Monday in January [1999,] 2003, the attorney general is entitled to receive an annual salary of [$85,000.] $110,000. From and after the first Monday in January [1999,] 2003, the attorney general is entitled to receive an annual salary of [$110,000.] $121,000.
2. Except as otherwise provided in NRS 7.065, the attorney general shall not engage in the private practice of law.”.
Amend sec. 10, pages 6 and 7, by deleting lines 27 through 46 on page 6 and lines 1 through 17 on page 7, and inserting:
“1 Clark $68,580 $139,104 $115,920 $91,440 $91,440 $91,440 $91,440 $91,440
2 Washoe 50,292 132,480 107,640 83,820 83,820 83,820 83,820 83,820
3 Carson City 22,860 99,857 82,800 65,227 65,227 - - - - - 65,227 - - - - -
Churchill 22,860 99,857 82,800 65,227 65,227 65,227 - - - - - - - - - -
Douglas 22,860 99,857 82,800 65,227 65,227 65,227 - - - - - - - - - -
Elko 22,860 99,857 82,800 65,227 65,227 65,227 65,227 - - - - -
Lyon 22,860 99,857 82,800 65,227 65,227 65,227 - - - - - - - - - -
Nye 22,860 99,857 82,800 65,227 65,227 65,227 65,227 - - - - -
Humboldt 22,860 94,309 74,520 65,227 65,227 65,227 65,227 - - - - -
4 Lander 22,860 94,309 74,520 54,407 54,407 54,407 54,407 - - - - -
White Pine 22,860 94,309 74,520 54,407 54,407 54,407 54,407 - - - - -
5 Eureka 19,355 83,214 59,616 48,768 48,768 48,768 - - - - - - - - - -
Lincoln 19,355 83,214 59,616 48,768 48,768 48,768 48,768 - - - - -
Mineral 19,355 83,214 59,616 48,768 48,768 48,768 - - - - - - - - - -
Pershing 19,355 83,214 59,616 48,768 48,768 48,768 - - - - - - - - - -
Storey 19,355 76,581 59,616 48,768 48,768 48,768 - - - - - - - - - -
6 Esmeralda 15,240 66,074 52,992 42,672 42,672 42,672 - - - - - - - - - -
3. Upon a determination by the board of county commissioners pursuant to subsection 4 to implement the increase provided in this subsection or the denial of a waiver requested pursuant to subsection 5, the annual salaries of the elected officers of the county set forth in subsection 2 must be increased on July 1, 2002, and each July 1 thereafter by the lesser of:
(a) The average percentage by which the salaries of all employees of the county were increased during the previous fiscal year; or
(b) The percentage by which the average hourly wage in the county increased during the previous fiscal year, as determined on July 1 of each year by the employment security division of the department of employment, training and rehabilitation.
FLUSH
Increases in the annual salaries
of the elected officers of the county required pursuant to this section are
cumulative.
4. At a regular meeting held on or before July 1 of each fiscal year, the board of county commissioners shall:
(a) Implement an increase in the annual salaries of the elected officers of the county based on the calculation set forth in subsection 3, if any; or
(b) Request a waiver pursuant to subsection 5 from the requirement of implementing all or part of the increase in the salaries.
5. The board of county commissioners may apply to the committee on local government finance for a waiver from the requirement of granting all or part of an increase in the annual salaries of the elected officers of the county for the next fiscal year pursuant to subsection 3 if the board determines that the financial resources of the county are insufficient to pay the increase in the next fiscal year. The committee on local government finance shall grant such a waiver if it finds that the financial resources of the county are insufficient to pay the entire increase in the next fiscal year.”.
Amend the bill as a whole by deleting sections 12 and 13, renumbering sections 14 and 15 as sections 24 and 25, and adding new sections designated sections 20 through 23, following sec. 11, to read as follows:
“Sec. 20. NRS 245.044 is hereby repealed.
Sec. 21. 1. There is hereby appropriated from the state general fund to the district judges salary account the sum of $156,150 for the payment of the salaries of the members of the district court commission on law libraries.
2. There is hereby appropriated from the state general fund to the supreme court the sum of $97,538 for the payment of the salaries of the members of the supreme court commission on law libraries.
3. Any remaining balance of the appropriations made by subsections 1 and 2 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 22. Notwithstanding the provisions of section 20 of this act that repeal NRS 245.044, an elected county officer who is serving a term of office on July 1, 2001, and who is eligible to receive the additional salary provided in NRS 245.044 were entitled to continue to receive credit for service for the calculation of that additional salary until the expiration of his current term and his salary must be increased accordingly as if NRS 245.044 were not repealed by this act. For each calendar year that an elected officer serves after the expiration of the term which he is serving as of July 1, 2001, the board of county commissioners shall continue to pay the additional salary of the elected officer based on the percentage of additional salary payable to the elected officer pursuant to this section in the final year of his current term.
Sec. 23. 1. At the first regular meeting of the board of county commissioners of a county on or after the effective date of this section, the board shall determine whether to:
(a) Implement the annual salaries of the elected officers of the county set forth in subsection 2 of NRS 245.043, as amended by this act; or
(b) Request a waiver from all or part of the increases set forth in subsection 2 of NRS 245.043, as amended by this act, in the manner set forth in subsection 2.
2. The board of county commissioners of a county may apply to the committee on local government finance for a waiver from all or part of the increases set forth in subsection 2 of NRS 245.043, as amended by this act, in fiscal year 2001-2002 if the board determines that the financial resources of the county are insufficient to pay the increases set forth in that subsection in fiscal year 2001-2002. The committee on local government finance shall grant such a waiver for a period of not more than 1 year if it finds that the financial resources of the county are insufficient to pay the entire amount of the increases set forth in subsection 2 of NRS 245.043, as amended by this act, in fiscal year 2001-2002. The board of county commissioners may apply to the committee on local government finance for one or more extensions of the waiver granted to the county pursuant to this section. The committee on local government finance shall extend such a waiver for a period of not more than 1 year for each requested extension if it finds that the financial resources of the county continue to be insufficient to pay the entire amount of the increases set forth in subsection 2 of NRS 245.043, as amended by this act.”.
Amend sec. 15, page 8, by deleting lines 13 through 15 and inserting:
“Sec. 25. 1. This section and section 23 of this act become effective upon passage and approval.
2. Sections 2, 5, 8, 10, 12 to 20, inclusive, 22 and 24 of this act become effective on July 1, 2001.
3. Sections 1 and 6 of this act:
(a) Become effective on July 1, 2001; and
(b) Expire by limitation on June 30, 2005, if the constitutional amendments proposed by Assembly Joint Resolution No. 14 of this session are approved by the voters at the general election on November 2, 2004.
4. Section 21 of this act becomes effective on July 1, 2002.
5. Sections 3 and 4 of this act become effective on January 6, 2003, and expire by limitation on December 31, 2006.
6. Sections 7 and 9 of this act become effective on January 6, 2003, and expire by limitation on January 2, 2005.
7. Section 11 of this act becomes effective on November 2, 2004.”.
Amend the bill as a whole by adding the text of the repealed section, following sec. 15, to read as follows:
“
TEXT OF REPEALED SECTION
245.044 Payment for longevity for elected county officers.
1. On and after July 1, 1973, if an elected county officer has served in his office for more than 4 years, he is entitled to an additional salary of 2 percent of his base salary provided in NRS 245.043 for each full calendar year he has served in his office.
2. The additional salary provided in this section for an eligible county officer:
(a) Must be computed on July 1 of each year by multiplying 2 percent of the base salary provided in NRS 245.043 by the number of full calendar years the elected county officer has served in his office; and
(b) Must not exceed 20 percent of the base salary provided in NRS 245.043.
3. Service on the board of supervisors of Carson City for the initial term which began on July 1, 1969, and ended on the first Monday of January, 1973, shall be deemed to constitute 4 full calendar years of service for the purposes of this section.”.
Amend the title of the bill to read as follows:
“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.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes regarding compensation of certain public officers. (BDR 1‑1435)”.