Assembly Bill No. 631

Assembly Bill No. 631-Committee on Elections,

Procedures, and Ethics

CHAPTER

615

AN ACT relating to the legislature; expanding the duties of the committee to consult with the legislative counsel; revising the provisions governing the reporting of certain expenditures made by lobbyists; creating a revolving account for the purchase and sale of souvenirs; making various other changes concerning the operation of the legislative counsel bureau; and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 218.085 is hereby amended to read as follows:
218.0851. The legislative fund is hereby created as a special revenue fund for the use of the legislature, and where specifically authorized by law, for the use of the legislative counsel bureau.
2. Support for the legislative fund must be provided by legislative appropriation from the state general fund.
3. Expenditures from the legislative fund may be made for:
(a) The payment of necessary operating expenses of the senate;
(b) The payment of necessary operating expenses of the assembly;
(c) The payment of the necessary improvements to the legislative building and its grounds;
(d) The payment of expenses for the interim operation of the legislature; and
(e) The payment of necessary operating expenses of, but not limited to:
(1) The legislative commission;
(2) The legal division;
(3) The research division;
(4) The audit division;
(5) The fiscal analysis division; and
(6) The administrative division,
of the legislative counsel bureau.
4. Expenditures from the legislative fund for purposes other than those specified in subsection 3 or authorized specifically by another statute may be made only upon the authority of a concurrent resolution regularly adopted by the senate and assembly.
5. [All] Except as otherwise provided in NRS 218.644, all money in the legislative fund must be paid out on claims approved by the director of the legislative counsel bureau or his designee as other claims against the state are paid.
Sec. 2. NRS 218.220 is hereby amended to read as follows:
218.2201. The per diem expense allowance and the travel and telephone expenses of senators and assemblymen elected or appointed and in attendance at any session or presession orientation conference of the legislature must be allowed in the manner set forth in this section.
2. For initial travel from his home to Carson City, Nevada, to attend a session or presession orientation conference of the legislature, and for return travel from Carson City, Nevada, to his home upon adjournment sine die of a session or termination of a presession orientation conference of the legislature, each senator and assemblyman is entitled to receive:
(a) A per diem expense allowance not to exceed the greater of:
(1) The rate of $44; or
(2) The maximum rate established by the Federal Government for the locality in which the travel is performed,
for one day's travel to and one day's travel from the session or conference.
(b) Travel expenses.
3. In addition to the per diem and travel expenses authorized by subsection 2, each senator and assemblyman is entitled to receive a supplemental allowance which must not exceed:
(a) A total of $6,800 during each regular session of the legislature for:
(1) His actual expenses in moving to and from Carson City for the session;
(2) Travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the state which relates to legislative business; and
(3) If he rents furniture for his temporary residence rather than moving similar furniture from his home, the cost of renting that furniture not to exceed the amount that it would have cost to move the furniture to and from his home; and
(b) A total of $1,000 during each special session of the legislature for travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the state which relates to legislative business.
4. Each senator and assemblyman is entitled to receive a per diem expense allowance not to exceed the greater of:
(a) The rate of $44; or
(b) The maximum rate established by the Federal Government for the locality in which the travel is performed,
for each day that the legislature is in session or in a presession orientation conference and for each day that he attends a meeting of a standing committee of which he is a member when the legislature has adjourned for more than 4 days.
5. Each senator and assemblyman who maintains temporary quarters in or near Carson City for which he has entered into a lease or other agreement for continuous occupancy for the duration of a legislative session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 14 days in each period in which:
(a) The legislature has adjourned until a time certain; and
(b) The senator or assemblyman is not entitled to a per diem expense allowance pursuant to subsection 4.
6. In addition to the per diem expense allowance authorized by subsection 4 and the lodging allowance authorized by subsection 5, each senator and assemblyman who maintains temporary quarters in or near Carson City for which he has entered into a lease or other agreement for continuous occupancy for the duration of a legislative session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 17 days in each period in which:
(a) The legislature has adjourned for more than 4 days; and
(b) The senator or assemblyman must obtain temporary lodging in a location that a standing committee of which he is a member is meeting.
7. Each senator and assemblyman is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 6 days in each period in which:
(a) The legislature has adjourned for more than 4 days; and
(b) The senator or assemblyman must obtain temporary lodging in a location that a standing committee of which he is a member is meeting,
if the senator or assemblyman is not entitled to the per diem expense allowance authorized by subsection 4 or the lodging allowances authorized by subsections 5 and 6.
8. Each senator and assemblyman is entitled to receive a telephone allowance of not more than $2,800 for the payment of tolls and charges incurred by him in the performance of official business during each regular session of the legislature and not more than $300 during each special session of the legislature.
9. An employee of the legislature assigned to serve a standing committee is entitled to receive the travel expenses and per diem expense allowance provided by law for state employees generally if he is required to attend a hearing of the committee outside Carson City.
10. [Claims] Except as otherwise provided in NRS 218.644, claims for expenses made under the provisions of this section must be made as other claims are made against the state, and must be paid from the legislative fund. Claims for per diem expense allowances authorized by subsection 4 and lodging allowances authorized by subsections 5, 6 and 7 must be paid once each week during a legislative session and upon completion of a presession orientation conference.
11. A claim for travel expenses authorized by subsection 2 or 3 must not be paid unless the senator or assemblyman submits a signed statement affirming:
(a) The date of the travel; and
(b) The places of departure and arrival and, if the travel is by private conveyance, the actual miles traveled. If the travel is not by private conveyance, the claim must include a receipt or other evidence of the expenditure.
12. Travel expenses authorized by subsections 2 and 3 are limited to:
(a) If the travel is by private conveyance, a rate equal to the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax. If two or more legislators travel in the same private conveyance, the legislator who provided or arranged for providing the transportation is presumed entitled to reimbursement.
(b) If the travel is not by private conveyance, the actual amount expended.
Transportation must be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles.
Sec. 3. NRS 218.2205 is hereby amended to read as follows:
218.22051. During a regular session of the legislature, any legislator may apply for advance money for travel expenses, not to exceed in the aggregate the total amount of travel expenses to which he is entitled under NRS 218.220 for a regular session, by filing a request with the majority leader of the senate if a senator, or the speaker of the assembly if an assemblyman.
2. The majority leader or the speaker may disapprove a request for advance money for travel. If the majority leader or the speaker approves the request, he shall forward a copy of the request and the approval to the chief of the administrative division of the legislative counsel bureau.
3. Upon receiving a copy of the request and the approval from the majority leader or the speaker, the chief of the administrative division shall issue a check drawn upon the checking account of the legislative counsel bureau maintained pursuant to NRS 218.644 for the amount of the advance requested.
[4. When approved by the majority leader or the speaker, a request for advance money constitutes a lien in favor of the legislative fund upon the accrued salary, subsistence allowance and travel expenses of the legislator in an amount equal to the sum advanced.
5. The legislator is entitled to receive upon a claim made pursuant to NRS 218.220 any authorized travel expenses in excess of the amount advanced. A legislator shall reimburse the legislative fund any amount advanced that is not used for travel expenses approved pursuant to NRS 218.220.]
Sec. 4. NRS 218.2207 is hereby amended to read as follows:
218.22071. Except as otherwise provided in NRS 218.220, each senator and assemblyman is entitled to receive an allowance for travel in the transaction of legislative business authorized by specific statute or the legislative commission, whether within or outside of the municipality or other area in which his principal office is located. Transportation must be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles. The allowance is:
(a) If the travel is by private conveyance, the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax.
(b) If the travel is not by private conveyance, the actual amount expended.
2. Claims for expenses made pursuant to this section must be [made as other claims are made against the state, and must be] paid from the legislative fund unless otherwise provided by specific statute. A claim for travel expenses must not be paid unless the senator or assemblyman submits a signed statement affirming:
(a) The date of travel; and
(b) The places of departure and arrival and, if the travel is by private conveyance, the actual miles traveled. If the travel is not by private conveyance, the claim must include a receipt or other evidence of the expenditure.
Sec. 5. NRS 218.243 is hereby amended to read as follows:
218.2431. The legislative commission shall establish a standing committee [of three members] to consult with the [legislative counsel] director concerning:
(a) The [effectuation of the limits on requests for drafting which are imposed or advanced by this chapter.
(b) Any changes in the management of the work load of the legal division of the legislative counsel bureau it may find necessary to ensure the timely drafting of legislation and the effective management of that division.] general management of the legislative counsel bureau;
(b) The organization and functioning of the legislative counsel bureau; and
(c) The necessary preparations for the ensuing regular session.
2. The committee shall meet with the [legislative counsel] director on or before July 1, September 1 and January 1 next preceding the convening of each regular session, and at such other times as the committee or the [legislative counsel] director may request.
3. The committee shall also recommend to the legislative commission any changes in [number] the:
(a) Number or salary of employees in the [legal division] legislative counsel bureau which it may find necessary to ensure the timely [drafting of legislation.] completion of work required for the ensuing regular session; and
(b) Management of the work load of the legislative counsel bureau it may find necessary to ensure the completion of work required for the ensuing regular session.
Sec. 6. NRS 218.640 is hereby amended to read as follows:
218.640[Funds] Except as otherwise provided in NRS 218.644, money to carry out the functions of the legislative counsel bureau [shall] must be provided by legislative appropriation from the state general fund to the legislative fund, and [shall] must be paid out on claims as other claims against the state are paid. All claims [shall] must be approved by the director of the legislative counsel bureau or his designee before they are paid.
Sec. 7. NRS 218.642 is hereby amended to read as follows:
218.642A petty cash account of the legislative counsel bureau is hereby created for each building in which offices of employees of the legislative counsel bureau are located in the sum of [$500] not more than $1,000 each for the minor expenses of the legislative counsel bureau. Each account must be kept in the custody of an employee designated by the director of the legislative counsel bureau and must be replenished periodically from the legislative fund upon approval of expenditures and submission of vouchers or other documents to indicate payment.
Sec. 8. NRS 218.644 is hereby amended to read as follows:
218.6441. The legislative counsel bureau shall maintain a checking account in any qualified bank for the purposes of providing advance money and reimbursement to legislators and employees for travel expenses , [during a regular session of the legislature,] paying the salaries of persons on the payroll of the legislative branch of government, related payroll costs and any other expenses directed by the legislative commission. The account must be secured by a depository bond to the extent the account is not insured by the Federal Deposit Insurance Corporation. All checks written on this account must be signed by the chairman of the legislative commission and the director of the legislative counsel bureau or his designee, except that during a regular session of the legislature, the majority leader of the senate and the speaker of the assembly shall sign the checks.
2. A request for advance money for travel constitutes a lien in favor of the legislative fund upon the accrued salary, subsistence allowance and travel expenses of the legislator or employee in an amount equal to the sum advanced.
3. The legislator or employee is entitled to receive upon request any authorized travel expenses in excess of the amount advanced. The legislator or employee shall reimburse the legislative fund any amount advanced that is not used for reimbursable travel expenses.
Sec. 9. NRS 218.6845 is hereby amended to read as follows:
218.68451. The director may approve the purchase and sale of souvenirs of the Nevada legislature and of the State of Nevada in the legislative building or any building maintained for the use of the legislature or the legislative counsel bureau. The director shall fix reasonable fees for the items which must in the aggregate at least cover the cost to the legislative counsel bureau of purchasing and selling the items.
2. The money received from the sale of souvenirs must be deposited in a revolving account in the legislative fund. The money in the revolving account must be used to purchase additional souvenirs for sale and pay any other expenses related to the sale of souvenirs deemed appropriate by the director. The balance in the revolving account not exceeding $150,000 must not be reverted to the legislative fund at the end of the fiscal year.
Sec. 10. NRS 218.926 is hereby amended to read as follows:
218.9261. Each registrant shall file with the director within 30 days after the close of the legislative session a final report signed under penalty of perjury concerning his lobbying activities. In addition, each registrant shall file with the director between the 1st and 10th day of the month after each month that the legislature is in session a report concerning his lobbying activities during the previous month, whether or not any expenditures were made. Each report must be on a form prescribed by the director and must include the total expenditures, if any, made by the registrant on behalf of a legislator or an organization whose primary purpose is to provide support for legislators of a particular political party and house, including expenditures made by others on behalf of the registrant if the expenditures were made with the registrant's express or implied consent or were ratified by the registrant. [Except as otherwise provided in this subsection, the] The report must identify each legislator and each organization whose primary purpose is to provide support for legislators of a particular political party and house on whose behalf expenditures were made and [, if subsection 2 is applicable,] must be itemized with respect to each such legislator and organization . [in the manner required by that subsection.] An expenditure on behalf of a person other than a legislator or an organization whose primary purpose is to provide support for legislators of a particular political party and house need not be reported pursuant to this section unless the expenditure is made for the benefit of a legislator or such an organization.
2. If expenditures made by or on behalf of a registrant during the previous month exceed $50, the report must include a compilation of expenditures, itemized in the manner required by the regulations of the legislative commission, in the following categories:
(a) Entertainment;
(b) Expenditures made in connection with a party or similar event hosted by the organization represented by the registrant;
(c) Gifts and loans, including money, services and anything of value provided to a legislator, to an organization whose primary purpose is to provide support for legislators of a particular political party and house, or to any other person for the benefit of a legislator or such an organization; and
(d) Other expenditures directly associated with legislative action, not including personal expenditures for food, lodging and travel expenses or membership dues.
3. The legislative commission may authorize an audit or investigation by the legislative auditor that is proper and necessary to verify compliance with the provisions of this section. A lobbyist shall make available to the legislative auditor all books, accounts, claims, reports, vouchers and other records requested by the legislative auditor in connection with any such audit or investigation. The legislative auditor shall confine his requests for such records to those which specifically relate to the lobbyist's compliance with the reporting requirements of this section.
Sec. 11. This act becomes effective on July 1, 1997.
________