Assembly Bill No. 464–Committee on Ways and Means

 

March 24, 2003

____________

 

Referred to Concurrent Committees on Government
Affairs and Ways and Means

 

SUMMARY—Establishes Commission to Review the Compensation of Legislators. (BDR 23‑1319)

 

FISCAL NOTE:  Effect on Local Government: No.

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

 

~

 

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

 

AN ACT relating to public officers; establishing a Commission to Review the Compensation of Legislators; making an appropriation; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 281 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2 to 6, inclusive, of this

1-3  act.

1-4  Sec. 2.  As used in sections 2 to 6, inclusive, of this act,

1-5  “Commission” means the Commission to Review the

1-6  Compensation of Legislators created pursuant to section 3 of this

1-7  act.

1-8  Sec. 3.  1.  The Commission to Review the Compensation of

1-9  Legislators, consisting of five members appointed by the Governor,

1-10  is hereby created.

1-11      2.  After the initial terms, the term of office of each member of

1-12  the Commission is 4 years. Members of the Commission are

1-13  eligible for reappointment.

1-14      3.  The Chief of the Budget Division of the Department of

1-15  Administration must be notified of the appointment of each

1-16  member.

2-1  4.  The Commission shall elect a Chairman and such other

2-2  officers as it deems necessary from among its members.

2-3  5.  No more than three members of the Commission may be

2-4  from the same political party.

2-5  6.  Members of the Commission serve at the pleasure of the

2-6  Governor.

2-7  7.  If a vacancy occurs in the membership of the Commission,

2-8  the Governor shall appoint a person to fill the vacancy for the

2-9  remainder of the unexpired term as soon as practicable.

2-10      Sec. 4.  1.  Each member of the Commission is entitled to

2-11  receive $80 for each day that he attends a regularly called meeting

2-12  of the Commission and, while engaged in the business of the

2-13  Commission, the per diem allowance and travel expenses provided

2-14  for state employees generally.

2-15      2.  The Commission shall meet on or before May 15 of each

2-16  even-numbered year and may meet at such further times as the

2-17  Chairman deems necessary.

2-18      3.  The Chief of the Budget Division of the Department of

2-19  Administration shall provide the Commission with administrative

2-20  support.

2-21      Sec. 5.  A majority of the members of the Commission

2-22  constitutes a quorum to transact business. The affirmative vote of

2-23  at least three members is required to approve the

2-24  recommendations of the Commission regarding compensation.

2-25      Sec. 6.  1.  The Commission shall:

2-26      (a) Review the compensation paid to members of the

2-27  Legislature during and between legislative sessions.

2-28      (b) Hold public hearings to discuss issues and receive public

2-29  comment.

2-30      (c) Determine the level of compensation for Legislators and

2-31  submit that determination to the Chief of the Budget Division of

2-32  the Department of Administration pursuant to NRS 353.210.

2-33      2.  In reviewing the compensation required pursuant to

2-34  subsection 1, the Commission shall:

2-35      (a) Compare the current salaries of persons with similar

2-36  qualifications who are employed by the State of Nevada and in the

2-37  public sector;

2-38      (b) Determine the minimum salary required to attract and

2-39  retain experienced and competent persons;

2-40      (c) Consider the average number of days that Legislators serve

2-41  during their term, the amount of work required of Legislators

2-42  when the Legislature is not in regular session and the

2-43  opportunities Legislators have to earn additional income from

2-44  outside sources; and

3-1  (d) Consider factors pertaining to the relative purchasing

3-2  power of money, including, without limitation:

3-3       (1) The current rate of inflation;

3-4       (2) The average cost of living in this state; and

3-5       (3) Changes in the Consumer Price Index (All Items).

3-6  3.  The increase or decrease in the level of compensation for

3-7  the office of Senator or Assemblyman which has been determined

3-8  by the Commission and approved as part of the budget by the

3-9  Legislature is not effective until the completion of the term of

3-10  office of Senator or Assemblyman serving at the time of the

3-11  approval of such an increase or decrease.

3-12      Sec. 7.  NRS 281.157 is hereby amended to read as follows:

3-13      281.157  As used in NRS 281.157 to 281.1575, inclusive,

3-14  unless the context otherwise requires, “Commission” means the

3-15  Commission to Review the Compensation of Constitutional

3-16  Officers, [Legislators,] Supreme Court Justices, District Judges and

3-17  Elected County Officers which is created pursuant to

3-18  NRS 281.1571.

3-19      Sec. 8.  NRS 281.1571 is hereby amended to read as follows:

3-20      281.1571  1.  There is hereby created a Commission to Review

3-21  the Compensation of Constitutional Officers, [Legislators,] Supreme

3-22  Court Justices, District Judges and Elected County Officers,

3-23  consisting of nine members.

3-24      2.  The members must be appointed by the following persons:

3-25      (a) One member by the Speaker of the Assembly.

3-26      (b) One member by the Majority Leader of the Senate.

3-27      (c) One member by the Minority Leader of the Assembly.

3-28      (d) One member by the Minority Leader of the Senate.

3-29      (e) Two members by the Chief Justice of the Supreme Court.

3-30      (f) Three members by the Governor.

3-31      3.  The Commission shall elect a Chairman and such other

3-32  officers as it deems necessary from among its members.

3-33      4.  A current officer or employee of the State or any of its

3-34  political subdivisions must not be appointed as a member of the

3-35  Commission.

3-36      5.  The members appointed by the Governor must be selected in

3-37  the following manner:

3-38      (a) Two members, one from each congressional district, who do

3-39  not belong to the same political party.

3-40      (b) One member from a list of three nominees submitted by the

3-41  Nevada Association of Counties.

3-42      Sec. 9.  NRS 281.1575 is hereby amended to read as follows:

3-43      281.1575  1.  The Commission shall:

3-44      (a) Review the compensation paid to constitutional officers,

3-45  Supreme Court justices, district judges and elected county officers.

4-1  (b) [Review the compensation paid to the members of the

4-2  Legislature during and between legislative sessions.

4-3  (c)] Hold public hearings to discuss the issues and receive public

4-4  comment.

4-5  [(d)] (c) If it determines that changes in legislation are required,

4-6  request the assistance of the Legislative Counsel in the preparation

4-7  of a bill draft on or before November 15 of each even-numbered

4-8  year. Upon completion of the bill draft, the Legislative Counsel

4-9  shall deliver the bill draft to the appropriate standing committee of

4-10  the Assembly or Senate within the first week of the next regular

4-11  legislative session for introduction.

4-12      2.  In reviewing the issues of compensation required by

4-13  subsection 1, the Commission shall:

4-14      (a) Compare the current salaries of persons with similar

4-15  qualifications who are employed by the State of Nevada and in the

4-16  public sector; and

4-17      (b) Determine the minimum salary required to attract and retain

4-18  experienced and competent persons . [; and

4-19      (c) Consider the average number of days that Legislators serve

4-20  during their term, the amount of work required of Legislators when

4-21  the Legislature is not in regular session, and the opportunities they

4-22  have to earn additional income from outside sources.]

4-23      3.  The Commission may recommend that any increase in the

4-24  compensation of a county officer apply retroactively if not

4-25  prohibited by law.

4-26      Sec. 10.  NRS 218.210 is hereby amended to read as follows:

4-27      218.210  Each Senator and Assemblyman is entitled to receive

4-28  [as compensation $130 per day for each day of service:

4-29      1.  During any regular session, for the number of days the

4-30  Legislature is in session, or in adjournment for not more than 3

4-31  days, or the maximum number of days for which compensation for a

4-32  regular session is permitted by the Constitution, whichever is

4-33  smaller; and

4-34      2.  During any special session, for the number of days the

4-35  Legislature is in session or the maximum number of days for which

4-36  compensation for a special session is permitted by the Constitution,

4-37  whichever is smaller.] the compensation determined by the

4-38  Commission to Review the Compensation of Legislators pursuant

4-39  to section 6 of this act.

4-40      Sec. 11.  NRS 353.210 is hereby amended to read as follows:

4-41      353.210  1.  Except as otherwise provided in [subsection 6,]

4-42  subsections 6 and 7, on or before September 1 of each even-

4-43  numbered year, all departments, institutions and other agencies of

4-44  the Executive Department of the State Government, and all agencies

4-45  of the Executive Department of the State Government receiving

5-1  state money, fees or other money under the authority of the State,

5-2  including those operating on money designated for specific purposes

5-3  by the Nevada Constitution or otherwise, shall prepare, on blanks

5-4  furnished them by the Chief, and submit to the Chief estimates of

5-5  their expenditure requirements, together with all anticipated income

5-6  from fees and all other sources, for the next 2 fiscal years compared

5-7  with the corresponding figures of the last completed fiscal year and

5-8  the estimated figures for the current fiscal year.

5-9  2.  The Chief shall direct that one copy of the forms submitted

5-10  pursuant to subsection 1, accompanied by every supporting schedule

5-11  and any other related material, be delivered directly to the Fiscal

5-12  Analysis Division of the Legislative Counsel Bureau on or before

5-13  September 1 of each even-numbered year.

5-14      3.  The Budget Division of the Department of Administration

5-15  shall give advance notice to the Fiscal Analysis Division of the

5-16  Legislative Counsel Bureau of any conference between the Budget

5-17  Division of the Department of Administration and personnel of

5-18  other state agencies regarding budget estimates. A fiscal analyst of

5-19  the Legislative Counsel Bureau or his designated representative may

5-20  attend any such conference.

5-21      4.  The estimates of expenditure requirements submitted

5-22  pursuant to subsection 1 must be classified to set forth the data of

5-23  funds, organizational units, and the character and objects of

5-24  expenditures, and must include a mission statement and

5-25  measurement indicators for each program. The organizational units

5-26  may be subclassified by functions and activities, or in any other

5-27  manner at the discretion of the Chief.

5-28      5.  If any department, institution or other agency of the

5-29  Executive Department of the State Government, whether its money

5-30  is derived from state money or from other money collected under

5-31  the authority of the State, fails or neglects to submit estimates of its

5-32  expenditure requirements as provided in this section, the Chief may,

5-33  from any data at hand in his office or which he may examine or

5-34  obtain elsewhere, make and enter a proposed budget for the

5-35  department, institution or agency in accordance with the data.

5-36      6.  On or before October 31 of each even-numbered year, the

5-37  Commission to Review the Compensation of Legislators shall

5-38  submit to the Chief for his information in preparing the proposed

5-39  executive budget its determination regarding the level of

5-40  compensation for Legislators.

5-41      7.  Agencies, bureaus, commissions and officers of the

5-42  Legislative Department, the Public Employees’ Retirement System

5-43  and the Judicial Department of the State Government shall submit to

5-44  the Chief for his information in preparing the proposed executive

5-45  budget the budgets which they propose to submit to the Legislature.

6-1  Sec. 12.  NRS 353.230 is hereby amended to read as follows:

6-2  353.230  1.  The Chief shall review the estimates, altering,

6-3  revising, increasing or decreasing the items of the estimates as he

6-4  may deem necessary in view of the needs of the various

6-5  departments, institutions and agencies in the Executive Department

6-6  of the State Government and the total anticipated income of the

6-7  State Government and of the various departments, institutions and

6-8  agencies of the Executive Department during the next fiscal year. In

6-9  performing the duties required by this subsection, the Chief shall use

6-10  the projections and estimates prepared by the Economic Forum

6-11  pursuant to NRS 353.228.

6-12      2.  The Chief shall meet with a fiscal analyst of the Legislative

6-13  Counsel Bureau , or his designated representative , and personnel of

6-14  the various departments, institutions and agencies of the Executive

6-15  Department to discuss:

6-16      (a) The budgetary requests of each department, institution and

6-17  agency; and

6-18      (b) The budgetary recommendations of the Budget Division of

6-19  the Department of Administration for each department, institution

6-20  and agency,

6-21  for the next 2 fiscal years. The Chief shall allow the fiscal analyst of

6-22  the Legislative Counsel Bureau , or his designated representative ,

6-23  full access to all materials connected with the review.

6-24      3.  The Chief shall then prepare a final version of the proposed

6-25  budget, in accordance with NRS 353.150 to 353.246, inclusive, and

6-26  shall deliver it to the Governor. The budget must include the

6-27  compensation for Legislators determined by the Commission to

6-28  Review the Compensation of Legislators pursuant to section 6 of

6-29  this act. The final version of the proposed budget must include the

6-30  adjusted base budget for each department, institution and agency of

6-31  the Executive Department, the costs for continuing each program at

6-32  the current level of service and the costs, if any, for new programs,

6-33  recommended enhancements of existing programs or reductions for

6-34  the departments, institutions and agencies of the Executive

6-35  Department for the next 2 fiscal years. All projections of revenue

6-36  and any other information concerning future state revenue contained

6-37  in the proposed budget must be based upon the projections and

6-38  estimates prepared by the Economic Forum pursuant to

6-39  NRS 353.228.

6-40      4.  The Governor shall, not later than 14 calendar days before

6-41  the commencement of the regular legislative session, submit the

6-42  proposed budget to the Director of the Legislative Counsel Bureau

6-43  for transmittal to the Legislature. The Governor shall simultaneously

6-44  submit, as a separate document:

7-1  (a) An analysis of any new programs or enhancements of

7-2  existing programs being recommended; and

7-3  (b) Any increase in or new revenues which are being

7-4  recommended in the proposed budget.

7-5  The document must specify the total cost by department, institution

7-6  or agency of new programs or enhancements, but need not itemize

7-7  the specific costs. All projections of revenue and any other

7-8  information concerning future state revenue contained in the

7-9  document must be based upon the projections and estimates

7-10  prepared by the Economic Forum pursuant to NRS 353.228.

7-11      5.  On or before the 19th calendar day of the regular legislative

7-12  session, the Governor shall submit to the Legislative Counsel

7-13  recommendations for each legislative measure which will be

7-14  necessary to carry out the final version of the proposed budget or to

7-15  carry out the Governor’s legislative agenda. These

7-16  recommendations must contain sufficient detailed information to

7-17  enable the Legislative Counsel to prepare the necessary legislative

7-18  measures.

7-19      6.  During the consideration of the general appropriation bill

7-20  and any special appropriation bills and bills authorizing budgeted

7-21  expenditures by the departments, institutions and agencies operating

7-22  on money designated for specific purposes by the Nevada

7-23  Constitution or otherwise, drafted at the request of the Legislature

7-24  upon the recommendations submitted by the Governor with the

7-25  proposed budget, the Governor or his representative [have] has the

7-26  right to appear before and be heard by the appropriation committees

7-27  of the Legislature in connection with the appropriation bill or bills,

7-28  and to render any testimony, explanation or assistance required of

7-29  him.

7-30      Sec. 13.  NRS 353.246 is hereby amended to read as follows:

7-31      353.246  1.  Except as otherwise provided in subsection 2 of

7-32  this section and subsection [6] 7 of NRS 353.210, the provisions of

7-33  NRS 353.150 to 353.245, inclusive, do not apply to agencies,

7-34  bureaus, commissions and officers of the Legislative Department,

7-35  the Public Employees’ Retirement System and the Judicial

7-36  Department of the State Government.

7-37      2.  The Legislative Department, the Public Employees’

7-38  Retirement System and the Judicial Department of the State

7-39  Government shall submit their budgets to the Legislature in the

7-40  same format as the proposed executive budget unless otherwise

7-41  provided by the Legislative Commission. All projections of revenue

7-42  and any other information concerning future state revenue contained

7-43  in those budgets must be based upon the projections and estimates

7-44  prepared by the Economic Forum pursuant to NRS 353.228.

 

8-1  Sec. 14.  NRS 353.540 is hereby amended to read as follows:

8-2  353.540  “State agency” means an agency, bureau, board,

8-3  commission, department, division or any other unit of the

8-4  government of this state that is required to submit information to the

8-5  Chief pursuant to subsection 1 or [6] 7 of NRS 353.210, except for

8-6  the University and Community College System of Nevada.

8-7  Sec. 15.  On or before January 1, 2004, the Governor shall

8-8  appoint to the Commission to Review the Compensation of

8-9  Legislators:

8-10      1.  Two members to initial terms that begin on January 1, 2004,

8-11  and expire on December 31, 2005.

8-12      2.  One member to an initial term that begins on January 1,

8-13  2004, and expires on December 31, 2006.

8-14      3.  Two members to initial terms that begin on January 1, 2004,

8-15  and expire on December 31, 2007.

8-16      Sec. 16.  1.  There is hereby appropriated from the State

8-17  General Fund to the Commission to Review the Compensation of

8-18  Legislators created pursuant to section 3 of this act the sum of

8-19  $6,900 for salary, travel and per diem expenses.

8-20      2.  Any remaining balance of the appropriation made by this

8-21  section must not be committed for expenditure after June 30, 2005,

8-22  and reverts to the State General Fund as soon as all payments of

8-23  money committed have been made.

8-24      Sec. 17.  This act becomes effective on July 1, 2003.

 

8-25  H