SUMMARY--Increases compensation of legislators. (BDR 17-1707)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to the state legislature; increasing the compensation of legislators; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 218.210 is hereby amended to read as follows:
218.2101. [Each senator elected before November 4, 1986, or appointed to succeed a senator elected before November 4, 1986,] During a regular session of the legislature, each senator and assemblyman is entitled to receive as compensation [$104 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)] :
(a) If the legislature is in session for 60 days or more, $7,800 for the first 60 days; or
(b) If the legislature is in session for less than 60 days, for each day of service, the pro rata daily share of the compensation provided for the first 60 days.
2. During any special session [, for the] of the legislature, each senator and assemblyman is entitled to receive as compensation $130 per day for each day of service for:
(a) The number of days the legislature is in session ; or [the]
(b) The maximum number of days for which compensation for a special session is permitted by the constitution,
whichever is [smaller.
2. Each senator and assemblyman elected on or after November 4, 1986, or appointed to succeed a senator or assemblyman elected on or after November 4, 1986, 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.] less.
Sec. 2 NRS 218.210 is hereby amended to read as follows:
218.2101. During a regular session of the legislature, each senator [and assemblyman] elected before November 3, 1998, or appointed to succeed a senator elected before November 3, 1998, is entitled to receive as compensation:
(a) If the legislature is in session for 60 days or more, $7,800 for the first 60 days; or
(b) If the legislature is in session for less than 60 days, for each day of service, the pro rata daily share of the compensation provided for the first 60 days.
2. During [any special session of the legislature, each senator and assemblyman is entitled to receive as compensation $130 per day for each day of service for:
(a) The number of days the legislature is in session; or
(b) The maximum number of days for which compensation for a special session is permitted by the constitution,
whichever is less.] a regular session of the legislature, each senator and assemblyman elected on or after November 3, 1998, or appointed to succeed a senator or assemblyman elected on or after November 3, 1998, is entitled to receive as compensation:
(a) If the legislature is in session for 60 days or more, $11,100 for the first 60 days; or
(b) If the legislature is in session for less than 60 days, for each day of service, the pro rata daily share of the compensation provided for the first 60 days.
Sec. 3 NRS 218.223 is hereby amended to read as follows:
218.2231. Except as otherwise provided in subsections 2 and 4, [each senator and assemblyman] for each day a senator or assemblyman attends a presession orientation conference or a conference, meeting, seminar or other gathering at which he officially represents this state or its legislature, he is entitled to receive :
(a) The pro rata daily share of the compensation provided for a majority of the members of the legislature [during] for the first 60 days of the preceding regular session [, and the] ; and
(b) The per diem allowance and travel expenses provided by law . [, for each day of attendance at a presession orientation conference or at a conference, meeting, seminar or other gathering at which he officially represents the State of Nevada or its legislature.]
2. A nonreturning legislator must not be paid the compensation or per diem allowance and travel expenses provided in subsection 1 for attendance at a conference, meeting, seminar or other gathering unless:
(a) It is conducted by a statutory committee or a committee of the legislature and he is a member of that committee; or
(b) The majority leader of the senate or speaker of the assembly designates him to attend because of his knowledge or expertise.
3. [For the purposes of] As used in this section, "nonreturning legislator" means a legislator who, in the year that his term of office expires:
(a) Has not filed a declaration or an acceptance of candidacy within the time allowed for filing for election as a senator or assemblyman;
(b) Has failed to win nomination as a candidate for senator or assemblyman at the primary election; or
(c) Has withdrawn as a candidate for senator or assemblyman.
4. This section does not apply:
(a) During a regular or special session of the legislature; or
(b) To any senator or assemblyman who is otherwise entitled to receive a salary and the per diem allowance and travel expenses.
Sec. 4 NRS 218.5365 is hereby amended to read as follows:
218.53651. The members of the committee shall meet throughout each year at the times and places specified by a call of the chairman or a majority of the committee. The research director of the legislative counsel bureau or a person he has designated shall act as the nonvoting recording secretary. The committee shall prescribe regulations for its own management and government. Four members of the committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the committee.
2. Except during a regular or special session of the legislature, [the members] for each day or portion of a day during which a legislative member of the committee [who are state legislators are] attends a meeting of the committee or is otherwise engaged in the business of the committee, he is entitled to receive :
(a) The pro rata daily share of the compensation provided for a majority of the members of the legislature [during] for the first 60 days of the preceding regular session [, the] ;
(b) The per diem allowance provided for state officers and employees generally ; and [the]
(c) The travel expenses provided pursuant to NRS 218.2207 . [for each day of attendance at a meeting of the committee and while engaged in the business of the committee. Per]
3. The per diem allowances, compensation and travel expenses of the legislative members of the committee must be paid from the legislative fund.
[3.] 4. The member of the committee who represents a local political subdivision is entitled to receive the subsistence allowances and travel expenses provided by law for his position for each day of attendance at a meeting of the committee and while engaged in the business of the committee, to be paid by his local political subdivision.
Sec. 5 NRS 218.5376 is hereby amended to read as follows:
218.53761. The members of the committee shall meet at least quarterly and at the times and places specified by a call of the chairman. The research director of the legislative counsel bureau or a person he has designated shall act as the nonvoting recording secretary. Five members of the committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the committee.
2. Except during a regular or special session of the legislature, [the members] for each day or portion of a day during which a member of the committee attends a meeting of the committee or is otherwise engaged in the business of the committee [are] , he is entitled to receive :
(a) The pro rata daily share of the compensation provided for a majority of the members of the legislature [during] for the first 60 days of the preceding regular session [, the] ;
(b) The per diem allowance provided for state officers and employees generally ; and [the]
(c) The travel expenses provided pursuant to NRS 218.2207 . [for each day or portion of a day of attendance at a meeting of the committee and while engaged in the business of the committee.]
3. The salaries and expenses of the members of the committee and any other expenses incurred by the committee in carrying out its duties must be paid from assessments imposed pursuant to NRS 232.680.
Sec. 6 NRS 218.5383 is hereby amended to read as follows:
218.53831. The members of a committee shall meet throughout each year at the times and places specified by a call of the chairman or a majority of the committee. The director of the legislative counsel bureau or a person he has designated shall act as the nonvoting recording secretary.
2. Except during a regular or special session of the legislature, [members] for each day or portion of a day during which a member of a committee attends a meeting of the committee or is otherwise engaged in the business of the committee [are] , he is entitled to receive :
(a) The pro rata daily share of the compensation provided for a majority of the members of the legislature [during] for the first 60 days of the preceding regular session [for each day or portion of a day during which he attends a meeting of the committee or is otherwise engaged in the business of the committee plus the] ;
(b) The per diem allowance provided for state officers and employees generally ; and [the]
(c) The travel expenses provided pursuant to NRS 218.2207.
3. The salaries and expenses of a committee must be paid from the legislative fund.
Sec. 7 NRS 218.680 is hereby amended to read as follows:
218.6801. Except during a regular or special session of the legislature, for each day's or portion of a day's attendance at each meeting of the commission or its audit subcommittee, if a member of the subcommittee, or if engaged in the official business of the legislative counsel bureau, the members of the legislative commission are entitled to receive :
(a) The pro rata daily share of the compensation provided for a majority of the members of the legislature [during] for the first 60 days of the preceding regular session [, and the] ;
(b) The per diem allowance provided for state officers and employees generally ; and [the]
(c) The travel expenses provided pursuant to NRS 218.2207.
2. An alternate member of the legislative commission who replaces a regular member at a meeting of the commission or on official business of the legislative counsel bureau is entitled to receive the same salary and expenses as a regular member for the same service. An alternate member who attends a meeting of the commission but does not replace a regular member is entitled to the travel expenses provided pursuant to NRS 218.2207.
Sec. 8 NRS 218.682 is hereby amended to read as follows:
218.682The legislative commission may:
1. Carry forward the participation of the State of Nevada as a member of the Council of State Governments and the National Conference of State Legislatures, and may pay annual dues to those organizations out of the legislative fund. The legislative commission is designated as Nevada's commission on interstate cooperation.
2. Encourage and assist the government of this state to develop and maintain friendly contact by correspondence, by conference, and otherwise, with the other states, with the Federal Government and with local units of government.
3. Establish such delegations and committees as official agencies of the legislative counsel bureau as may be deemed advisable to confer with similar delegations and committees from other states concerning problems of mutual interest. The membership of those delegations and committees must be designated by the legislative commission and may consist of legislators and employees of [the] this state other than members of the commission. Members of those delegations and committees shall serve without salary [, but they] but are entitled to receive out of the legislative fund the per diem expense allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207.
4. Endeavor to advance cooperation between this state and other units of government whenever it seems advisable to do so by formulating proposals for interstate compacts and reciprocal or uniform legislation, and by facilitating the adoption of uniform or reciprocal administrative rules and regulations, informal cooperation of governmental offices, personal cooperation among governmental officials and employees, interchange and clearance of research and information and any other suitable process.
5. Conduct studies or investigations concerning governmental problems, important issues of public policy or questions of statewide interest. The legislative commission may establish subcommittees and interim or special committees as official agencies of the legislative counsel bureau to conduct such studies or investigations or otherwise to deal with such governmental problems, important issues of public policy or questions of statewide interest. The membership of those subcommittees and interim or special committees must be designated by the legislative commission and may consist of members of the legislative commission and legislators other than members of the commission, employees of [the State of Nevada or citizens of the State of Nevada.] this state or residents of this state. Members of those subcommittees and interim or special committees who are not legislators shall serve without salary [, but they] but are entitled to receive out of the legislative fund the per diem expense allowances and travel expenses provided for state officers and employees generally. Except during a regular or special session of the legislature, for each day or portion of a day that legislative members of those subcommittees and interim or special committees [who are legislators] attend a meeting, they are entitled to receive out of the legislative fund :
(a) The pro rata daily share of the compensation provided for a majority of the members of the legislature [during] for the first 60 days of the preceding regular session [for each day or portion of a day of attendance, and the] ;
(b) The per diem expense allowances provided for state officers and employees generally ; and [the]
(c) The travel expenses provided pursuant to NRS 218.2207.
6. Supervise the functions assigned to the divisions of the legislative counsel bureau in this chapter.
7. Authorize the director of the legislative counsel bureau to enter into agreements for the acquisition of property it deems necessary to support the legislature and its staff. The director may expend money from the legislative fund for this purpose.
Sec. 9 NRS 218.6825 is hereby amended to read as follows:
218.68251. There is hereby created in the legislative counsel bureau an interim finance committee composed of the members of the assembly standing committee on ways and means and the senate standing committee on finance during the current or immediately preceding session of the legislature. The immediate past chairman of the senate standing committee on finance is the chairman of the interim finance committee for the period ending with the convening of each even-numbered regular session of the legislature. The immediate past chairman of the assembly standing committee on ways and means is the chairman of the interim finance committee during the next legislative interim, and the chairmanship alternates between the houses of the legislature according to this pattern.
2. If any regular member of the committee informs the secretary that he will be unable to attend a particular meeting, the secretary shall notify the speaker of the assembly or the majority leader of the senate, as the case may be, to appoint an alternate for that meeting from the same house and political party as the absent member.
3. The membership of any member who does not become a candidate for reelection or who is defeated for reelection continues until the next session of the legislature is convened.
4. The director of the legislative counsel bureau shall act as the secretary of the interim finance committee.
5. A majority of the members of the assembly standing committee on ways and means and a majority of the members of the senate standing committee on finance, jointly, may call a meeting of the interim finance committee if the chairman does not do so.
6. In all matters requiring action by the interim finance committee, the vote of the assembly and senate members must be taken separately. No action may be taken unless it receives the affirmative vote of a majority of the assembly members and a majority of the senate members.
7. Except during a regular or special session of the legislature, for each day or portion of a day during which a member of the interim finance committee [and] or an appointed alternate attends a meeting of the committee or is otherwise engaged in the work of the committee, he is entitled to receive :
(a) The pro rata daily share of the compensation provided for a majority of the members of the legislature [during] for the first 60 days of the preceding regular session [for each day or portion of a day during which he attends a committee meeting or is otherwise engaged in committee work plus the] ;
(b) The per diem allowance provided for state officers and employees generally ; and [the]
(c) The travel expenses provided pursuant to NRS 218.2207.
8. All such compensation , per diem allowances and travel expenses must be paid from the contingency fund in the state treasury.
Sec. 10 NRS 176.0123 is hereby amended to read as follows:
176.01231. The advisory commission on sentencing is hereby created. The commission consists of:
(a) One member who is a district judge, appointed by the governing body of the Nevada District Judges Association;
(b) One member who is a district attorney, appointed by the governing body of the Nevada District Attorneys Association;
(c) One member who is an attorney in private practice, experienced in defending criminal actions, appointed by the governing body of the State Bar of Nevada;
(d) One member who is a representative of a law enforcement agency, appointed by the governor;
(e) One member who is a representative of the division of parole and probation of the department of motor vehicles and public safety, appointed by the governor;
(f) One member who has been a victim of a crime or is a representative of an organization supporting the rights of victims of crime, appointed by the governor;
(g) One member who is a county commissioner, appointed by the governing body of the Nevada Association of Counties;
(h) Two members who are senators, one of whom is appointed by the majority leader of the senate and one of whom is appointed by the minority leader of the senate; and
(i) Two members who are assemblymen, one of whom is appointed by the speaker of the assembly and one of whom is appointed by the minority leader of the assembly.
If any association listed in this subsection ceases to exist, the appointment required by this subsection must be made by the association's successor in interest or, if there is no successor in interest, by the governor.
2. The governor shall designate one member of the commission to serve as chairman.
3. Each member serves a term of 2 years. Members may be reappointed for additional terms of 2 years in the same manner as the original appointments. Any vacancy occurring in the membership of the commission must be filled in the same manner as the original appointment.
4. [The legislators who are members] Except during a regular or special session of the legislature, for each day or portion of a day during which a legislative member of the commission attends a meeting of the commission or is otherwise engaged in the business of the commission, [are] he is entitled to receive the pro rata daily share of the salary provided for a majority of the members of the legislature [during] for the first 60 days of the preceding regular session . [for each day's attendance at a meeting of the commission.]
5. While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 11 NRS 209.4813 is hereby amended to read as follows:
209.48131. The advisory board on industrial programs is hereby created.
2. The advisory board consists of the director of the department of prisons, the chief of the purchasing division of the department of administration and eight members appointed by the interim finance committee as follows:
(a) Two members of the senate.
(b) Two members of the assembly.
(c) Two persons who represent manufacturing in this state.
(d) One person who represents business in this state.
(e) One person who represents organized labor in this state.
3. The members of the advisory board shall select a chairman from among their membership.
4. Each member of the advisory board appointed by the interim finance committee must be appointed to a term of 2 years and may be reappointed.
5. Except during a regular or special session of the legislature, [each legislator who is a] for each day or portion of a day during which a legislative member of the advisory board attends a meeting of the board or is otherwise engaged in the work of the board, he is entitled to receive the pro rata daily share of the compensation provided for a majority of the members of the legislature [during] for the first 60 days of the preceding regular session . [for each day or portion of a day during which he attends a meeting of the advisory board or is otherwise engaged in the work of the advisory board.] Each nonlegislative member appointed by the interim finance committee is entitled to receive compensation for his service on the advisory board in the same amount and manner as the legislative members whether or not the legislature is in session. Each nonlegislative member of the advisory board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. Each legislator who is a member of the advisory board is entitled to receive the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207. All compensation, allowances and travel expenses must be paid from the fund for prison industries.
Sec. 12 NRS 224.050 is hereby amended to read as follows:
224.0501. Until the first Monday in January 1991, the lieutenant governor is entitled to receive an annual salary of $12,500. From and after the first Monday in January 1991, the lieutenant governor is entitled to receive an annual salary of $20,000.
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] for a regular session pursuant to NRS 218.210, 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. 13 NRS 427A.036 is hereby amended to read as follows:
427A.0361. Each voting member of the commission is entitled to receive a salary of not more than $80 per day, as fixed by the commission, while engaged in the business of the commission.
2. While engaged in the business of the commission, each member of the commission appointed pursuant to subsection 2 or paragraph (a), (b) or (d) of subsection 3 of NRS 427A.032 and each employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
3. The commission may expend in accordance with law all money made available for its use.
4. Except during a regular or special session of the legislature, for each day or portion of a day during which a legislative member of the commission attends a meeting of the commission or is otherwise engaged in the business of the commission, he is entitled to receive :
(a) The pro rata daily share of the compensation provided for a majority of the members of the legislature [during] for the first 60 days of the preceding regular session [for each day or portion of a day during which he attends a meeting of the commission or is otherwise engaged in the business of the commission, plus the] ; and
(b) The per diem allowance and travel expenses provided for state officers and employees generally.
5. The salaries and expenses of the legislative members of the commission must be paid from the legislative fund.
Sec. 14 NRS 439B.210 is hereby amended to read as follows:
439B.2101. The members of the committee shall meet throughout each year at the times and places specified by a call of the chairman or a majority of the committee. The director of the legislative counsel bureau or a person he has designated shall act as the nonvoting recording secretary. The committee shall prescribe regulations for its own management and government. Four members of the committee constitute a quorum, and a quorum may exercise all the powers conferred on the committee.
2. Except during a regular or special session of the legislature, [members] for each day or portion of a day during which a member of the committee [are] attends a meeting of the committee or is otherwise engaged in the business of the committee, he is entitled to receive :
(a) The pro rata daily share of the compensation provided for a majority of the members of the legislature [during] for the first 60 days of the preceding regular session [for each day or portion of a day during which he attends a meeting of the committee or is otherwise engaged in the business of the committee plus the] ;
(b) The per diem allowance provided for state officers and employees generally ; and [the]
(c) The travel expenses provided pursuant to NRS 218.2207.
3. The salaries and expenses of the committee must be paid from the legislative fund.
Sec. 15 NRS 442.133 is hereby amended to read as follows:
442.1331. The advisory board on maternal and child health is hereby created.
2. The advisory board consists of:
(a) Nine members to be appointed by the governor from a list of persons provided by the administrator of the health division;
(b) One member of the senate appointed by the legislative commission; and
(c) One member of the assembly appointed by the legislative commission.
3. The members who are:
(a) Appointed by the governor serve terms of 2 years.
(b) Legislators serve terms that begin on the third Monday in January of odd-numbered years and end the third Monday in January of the next odd-numbered year.
Any member of the advisory board may be reappointed.
4. Except during a regular or special session of the legislature, for each day or portion of a day during which a legislator who is a member of the advisory board attends a meeting of the advisory board or is otherwise engaged in the work of the advisory board, he is entitled to receive :
(a) The pro rata daily share of the compensation provided for a majority of the members of the legislature [during] for the first 60 days of the preceding regular session [for each day or portion of a day during which he attends a meeting of the advisory board or is otherwise engaged in the work of the advisory board and the] ; and
(b) The per diem allowance and travel expenses provided for state officers and employees generally.
5. The salaries, per diem and travel expenses of the legislative members must be paid from the legislative fund.
6. Each nonlegislative member of the advisory board serves without compensation but is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The per diem allowance and travel expenses must be paid from the account for maternal and child health services.
Sec. 16 NRS 459.0085 is hereby amended to read as follows:
459.00851. There is hereby created a committee on high-level radioactive waste. It is a committee of the legislature composed of:
(a) Four members of the senate, appointed by the majority leader of the senate.
(b) Four members of the assembly, appointed by the speaker.
2. The legislative commission shall select a chairman and a vice chairman from the members of the committee.
3. The committee shall meet at the call of the chairman to study and evaluate:
(a) Information and policies regarding the location in this state of a facility for the disposal of high-level radioactive waste;
(b) Any potentially adverse effects from the construction and operation of a facility and the ways of mitigating those effects; and
(c) Any other policies relating to the disposal of high-level radioactive waste.
4. The committee shall report the results of its studies and evaluations to the legislative commission and the interim finance committee at such times as the legislative commission or the interim finance committee may require.
5. The committee may recommend any appropriate legislation to the legislature and the legislative commission.
6. The director of the legislative counsel bureau shall provide a secretary for the committee on high-level radioactive waste. Except during a regular or special session of the legislature, for each day or portion of a day during which a member of the committee attends a meeting of the committee or is otherwise engaged in the work of the committee, he is entitled to receive :
(a) The pro rata daily share of the compensation provided for a majority of the members of the legislature [during] for the first 60 days of the preceding regular session [for each day or portion of a day during which he attends a committee meeting or is otherwise engaged in the work of the committee plus the] ;
(b) The per diem allowance provided for state officers and employees generally ; and [the]
(c) The travel expenses provided pursuant to NRS 218.2207.
7. [Per] The per diem allowances, salary and travel expenses of members of the committee must be paid from the legislative fund.
Sec. 17 1. This section and sections 1and 3 to 16, inclusive, of this act become effective on July 1, 1997.
2. Section 3 of this act becomes effective on November 4, 1998.