[Rev. 11/21/2013 10:09:53 AM--2013]

TITLE 17 - STATE LEGISLATIVE DEPARTMENT

CHAPTER 218A - LEGISLATIVE DEPARTMENT GENERALLY

GENERAL PROVISIONS

NRS 218A.003        Definitions.

NRS 218A.006        “Administrative Division” defined.

NRS 218A.009        “Assembly” defined.

NRS 218A.012        “Audit Division” defined.

NRS 218A.015        “Audit Subcommittee” defined.

NRS 218A.018        “Concurrent resolution” defined.

NRS 218A.021        “Director” defined.

NRS 218A.024        “Executive Department” defined.

NRS 218A.027        “Fiscal Analysis Division” defined.

NRS 218A.030        “Fiscal Analyst” defined.

NRS 218A.033        “House” defined.

NRS 218A.036        “Interim Finance Committee” defined.

NRS 218A.039        “Joint resolution” defined.

NRS 218A.042        “Joint rule” defined.

NRS 218A.045        “Judicial Department” defined.

NRS 218A.048        “Legal Division” defined.

NRS 218A.051        “Legislative Auditor” defined.

NRS 218A.054        “Legislative Commission” defined.

NRS 218A.057        “Legislative Counsel” defined.

NRS 218A.060        “Legislative Counsel Bureau” defined.

NRS 218A.063        “Legislative Department” defined.

NRS 218A.066        “Legislative Fund” defined.

NRS 218A.069        “Legislative measure” defined.

NRS 218A.072        “Legislator” defined.

NRS 218A.075        “Legislature” defined.

NRS 218A.078        “Regular session” defined.

NRS 218A.081        “Research Director” defined.

NRS 218A.084        “Research Division” defined.

NRS 218A.087        “Senate” defined.

NRS 218A.090        “Special session” defined.

LEGISLATIVE FUND

NRS 218A.150        Creation; appropriations; nonreversion; authorized expenditures; payment of claims.

LEGISLATIVE FLAG

NRS 218A.175        Creation; design and colors; when flown.

LEGISLATORS

Qualifications; Election; Oath

NRS 218A.200        Qualifications for office.

NRS 218A.210        Certificate of election.

NRS 218A.220        Oath of office; entry in journal.

 

Resignations and Vacancies

NRS 218A.250        Procedure for resigning office.

NRS 218A.260        Procedure for filling vacancy in office.

 

Training

NRS 218A.280        Definitions.

NRS 218A.285        Attendance; content; duration; notice; exceptions; certification.

 

General Rights and Privileges

NRS 218A.300        Contract effecting loss of job seniority for attendance at regular or special session or meeting of legislative committee prohibited; duty of certain employers to grant leave to Legislators to attend meetings of legislative committees during interim.

NRS 218A.310        Service in Legislature cannot be considered break in service for purposes of private pension plan.

LEGISLATURE

Organization and Sessions

NRS 218A.400        Organization of the Assembly: Duties of Secretary of State; participation by members-elect; election of presiding officer.

NRS 218A.410        Chaplains: Invitation to officiate; compensation.

NRS 218A.440        Subpoena of administrative body directed to Legislator or President of Senate ineffective during regular or special session.

 

Officers and Employees

NRS 218A.500        Presiding officer of the Senate.

NRS 218A.510        Officers and employees of the Senate.

NRS 218A.520        Secretary of the Senate: Election; duties.

NRS 218A.540        Officers and employees of the Assembly.

NRS 218A.550        Chief Clerk of the Assembly: Election; duties.

COMPENSATION, ALLOWANCES AND EXPENSES

Officers and Employees Generally

NRS 218A.600        Secretary of the Senate and Chief Clerk of the Assembly: Compensation; terms and conditions of position.

NRS 218A.605        Compensation of employees of the Senate and Assembly; establishment of additional positions; increases in compensation; options upon transfer of employee from Legislative Counsel Bureau; rate of pay.

 

Legislators, Other Officers and Committee Staff

NRS 218A.630        Compensation of Legislators during regular or special session.

NRS 218A.635        Compensation, allowances and expenses of Legislators during presession orientation, training sessions and legislative interim; applicability to nonreturning Legislators.

NRS 218A.640        Limitation on compensation payable to Legislators who attend multiple meetings, conferences or training sessions in single day.

NRS 218A.645        Payment to Legislators for certain expenses during regular or special session, presession orientation and training sessions; payment to committee staff for per diem allowances and travel expenses for meetings outside capital.

NRS 218A.650        Advances of money for travel.

NRS 218A.655        Payment to Legislators for travel expenses for certain legislative business.

NRS 218A.660        Payment to Legislators for travel expenses for certain meetings during legislative interim.

NRS 218A.665        Payment to legislative officers and committee chairs for postage, telephone and other communication expenses.

NRS 218A.670        Payment of expenses for official stationery and business cards for Legislators.

LEGISLATIVE APPOINTMENTS TO BOARDS, COMMITTEES AND SIMILAR BODIES

NRS 218A.700        Residency requirements; exceptions.

REPORTS MADE TO LEGISLATIVE DEPARTMENT

NRS 218A.750        Submission of reports in electronic format.

UNLAWFUL ACTS; REMEDIES AND PENALTIES

Unlawful Interference With Legislative Process

NRS 218A.900        Legislative findings and declaration; definitions.

NRS 218A.905        Conduct constituting unlawful interference with legislative process.

NRS 218A.910        Powers of Sergeant at Arms.

NRS 218A.915        Criminal penalties.

NRS 218A.920        Injunctive relief.

NRS 218A.925        Power of Houses to imprison for contempt; issuance and service of citation for contempt.

NRS 218A.930        Hearing on citation for contempt.

NRS 218A.935        Arrest and imprisonment upon finding of contempt; warrant.

NRS 218A.940        Remedies cumulative.

 

Unlawful Acts Involving Legislative Measures

NRS 218A.950        Unlawful alteration of proposed legislative measure.

NRS 218A.955        Unlawful alteration of enrolled legislative measure.

 

Unlawful Acts Involving Bribery or Corruption

NRS 218A.960        Person prohibited from bribing or using other corrupt means to influence Legislator.

NRS 218A.965        Legislator prohibited from soliciting or receiving bribe.

 

Unlawful Acts Involving Misuse of Office

NRS 218A.970        Legislator prohibited from entering into or being interested in certain contracts; exceptions.

NRS 218A.975        Legislator prohibited from exercising certain privileges after leaving office.

_________

_________

 

GENERAL PROVISIONS

      NRS 218A.003  Definitions.  As used in this title, unless the context otherwise requires, the words and terms defined in NRS 218A.006 to 218A.090, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2011, 3162)

      NRS 218A.006  “Administrative Division” defined.  “Administrative Division” means the Administrative Division of the Legislative Counsel Bureau.

      (Added to NRS by 2011, 3162)

      NRS 218A.009  “Assembly” defined.  “Assembly” means the Assembly of the State of Nevada.

      (Added to NRS by 2011, 3162)

      NRS 218A.012  “Audit Division” defined.  “Audit Division” means the Audit Division of the Legislative Counsel Bureau.

      (Added to NRS by 2011, 3162)

      NRS 218A.015  “Audit Subcommittee” defined.  “Audit Subcommittee” means the Audit Subcommittee of the Legislative Commission created by NRS 218E.240.

      (Added to NRS by 2011, 3162)

      NRS 218A.018  “Concurrent resolution” defined.  “Concurrent resolution” means a concurrent resolution of the Senate and the Assembly.

      (Added to NRS by 2011, 3162)

      NRS 218A.021  “Director” defined.  “Director” means the person appointed or serving as the Director of the Legislative Counsel Bureau pursuant to NRS 218F.100.

      (Added to NRS by 2011, 3162)

      NRS 218A.024  “Executive Department” defined.  “Executive Department” means the Executive Department of the State Government.

      (Added to NRS by 2011, 3162)

      NRS 218A.027  “Fiscal Analysis Division” defined.  “Fiscal Analysis Division” means the Fiscal Analysis Division of the Legislative Counsel Bureau.

      (Added to NRS by 2011, 3162)

      NRS 218A.030  “Fiscal Analyst” defined.  “Fiscal Analyst” means a person appointed or serving as the Senate Fiscal Analyst or Assembly Fiscal Analyst pursuant to NRS 218F.100.

      (Added to NRS by 2011, 3163)

      NRS 218A.033  “House” defined.  “House” means a House of the Legislature.

      (Added to NRS by 2011, 3163)

      NRS 218A.036  “Interim Finance Committee” defined.  “Interim Finance Committee” means the Interim Finance Committee created by NRS 218E.400.

      (Added to NRS by 2011, 3163)

      NRS 218A.039  “Joint resolution” defined.  “Joint resolution” means a joint resolution of the Senate and the Assembly.

      (Added to NRS by 2011, 3163)

      NRS 218A.042  “Joint rule” defined.  “Joint rule” means a joint rule of the Senate and the Assembly.

      (Added to NRS by 2011, 3163)

      NRS 218A.045  “Judicial Department” defined.  “Judicial Department” means the Judicial Department of the State Government.

      (Added to NRS by 2011, 3163)

      NRS 218A.048  “Legal Division” defined.  “Legal Division” means the Legal Division of the Legislative Counsel Bureau.

      (Added to NRS by 2011, 3163)

      NRS 218A.051  “Legislative Auditor” defined.  “Legislative Auditor” means the person appointed or serving as the Legislative Auditor and chief of the Audit Division pursuant to NRS 218F.100.

      (Added to NRS by 2011, 3163)

      NRS 218A.054  “Legislative Commission” defined.  “Legislative Commission” means the Legislative Commission created by NRS 218E.150.

      (Added to NRS by 2011, 3163)

      NRS 218A.057  “Legislative Counsel” defined.  “Legislative Counsel” means the person appointed or serving as the Legislative Counsel and chief of the Legal Division pursuant to NRS 218F.100.

      (Added to NRS by 2011, 3163)

      NRS 218A.060  “Legislative Counsel Bureau” defined.  “Legislative Counsel Bureau” means the Legislative Counsel Bureau created by NRS 218F.100.

      (Added to NRS by 2011, 3163)

      NRS 218A.063  “Legislative Department” defined.  “Legislative Department” means the Legislative Department of the State Government.

      (Added to NRS by 2011, 3163)

      NRS 218A.066  “Legislative Fund” defined.  “Legislative Fund” means the Legislative Fund created by NRS 218A.150.

      (Added to NRS by 2011, 3163)

      NRS 218A.069  “Legislative measure” defined.  “Legislative measure” means a bill or resolution of the Legislature or either House.

      (Added to NRS by 2011, 3163)

      NRS 218A.072  “Legislator” defined.  “Legislator” means a person elected or appointed as a member of the Senate or the Assembly.

      (Added to NRS by 2011, 3163)

      NRS 218A.075  “Legislature” defined.  “Legislature” means the Legislature of the State of Nevada.

      (Added to NRS by 2011, 3163)

      NRS 218A.078  “Regular session” defined.  “Regular session” means a biennial session of the Legislature convened pursuant to Section 2 of Article 4 of the Nevada Constitution.

      (Added to NRS by 2011, 3163)

      NRS 218A.081  “Research Director” defined.  “Research Director” means the person appointed or serving as the Research Director and chief of the Research Division pursuant to NRS 218F.100.

      (Added to NRS by 2011, 3163)

      NRS 218A.084  “Research Division” defined.  “Research Division” means the Research Division of the Legislative Counsel Bureau.

      (Added to NRS by 2011, 3163)

      NRS 218A.087  “Senate” defined.  “Senate” means the Senate of the State of Nevada.

      (Added to NRS by 2011, 3163)

      NRS 218A.090  “Special session” defined.  “Special session” means a special session of the Legislature convened by:

      1.  The members of the Legislature pursuant to Section 2A of Article 4 of the Nevada Constitution; or

      2.  The Governor pursuant to Section 9 of Article 5 of the Nevada Constitution.

      (Added to NRS by 2011, 3163; A 2013, 3738)

LEGISLATIVE FUND

      NRS 218A.150  Creation; appropriations; nonreversion; authorized expenditures; payment of claims.

      1.  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. Money in the Legislative Fund does not revert to the State General Fund at the end of the fiscal year, and the balance in the Legislative Fund must be carried forward to the next fiscal year.

      3.  Expenditures from the Legislative Fund may be made for:

      (a) The payment of necessary expenses of the Senate;

      (b) The payment of necessary expenses of the Assembly;

      (c) The payment of necessary improvements to the Legislative Building, other buildings used by the Legislature and all legislative grounds;

      (d) The payment of expenses for the interim operation of the Legislature; and

      (e) The payment of necessary 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.

      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.

      5.  All money in the Legislative Fund must be paid out on claims approved by the Director or the Director’s designee.

      (Added to NRS by 1961, 478; A 1963, 1029; 1965, 680, 1147; 1967, 1223; 1969, 165; 1971, 222, 1543; 1973, 1116; 1979, 217, 291, 763; 1981, 558; 1985, 1004; 1997, 3067; 1999, 2187; 2011, 3163, 3665)—(Substituted in revision for NRS 218.085)

LEGISLATIVE FLAG

      NRS 218A.175  Creation; design and colors; when flown.

      1.  The official flag of the Legislature is hereby created containing substantially the design and colors submitted by the senior government class of the Tonopah High School, Tonopah, Nye County, Nevada, to the 54th Session of the Legislature, with the addition of the words “Nevada Legislature” which must appear above and below such design in an arc on the field.

      2.  The official flag must be flown over the building where the Legislature meets when the Legislature is in a regular or special session.

      (Added to NRS by 1967, 1116; A 2011, 3164)—(Substituted in revision for NRS 218.087)

LEGISLATORS

Qualifications; Election; Oath

      NRS 218A.200  Qualifications for office.  A person is not eligible to be elected or appointed to office as a Legislator unless the person:

      1.  Is a qualified elector;

      2.  Has been an actual, as opposed to constructive, citizen resident of this State for 1 year next preceding the person’s election or appointment; and

      3.  At the time of election or appointment, has attained the age of 21 years.

      [Part 2:108:1866; A 1953, 711; 1955, 459]—(NRS A 1999, 2169; 2011, 3164)—(Substituted in revision for NRS 218.010)

      NRS 218A.210  Certificate of election.  A person who is elected to office as a Legislator is entitled to receive a certificate of election from the Governor.

      (Added to NRS by 1981, 1109; A 2011, 3164)—(Substituted in revision for NRS 218.031)

      NRS 218A.220  Oath of office; entry in journal.  A person who receives a certificate of election or appointment to office as a Legislator must take and subscribe to the official oath before the person takes office as a Legislator, and an entry thereof must be made on the journal of the proper House.

      [24:108:1866; B § 2622; BH § 1659; C § 1805; RL § 2788; NCL § 4788]—(NRS A 2011, 3164)—(Substituted in revision for NRS 218.090)

Resignations and Vacancies

      NRS 218A.250  Procedure for resigning office.

      1.  A person who receives a certificate of election or appointment to office as a Legislator may resign the office whether or not the person has entered upon the execution of the duties of the office or has taken the requisite oath of office.

      2.  If a person resigns his or her office as a Legislator, the person shall deliver the resignation to the Governor.

      [Part 33:108:1866; B § 2631; BH § 1668; C § 1814; RL § 2797; NCL § 4797] + [Part 34:108:1866; B § 2632; BH § 1669; C § 1815; RL § 2798; NCL § 4798]—(NRS A 2011, 3165)—(Substituted in revision for NRS 218.040)

      NRS 218A.260  Procedure for filling vacancy in office.

      1.  If a vacancy occurs in the office of a Legislator during a regular or special session or at a time when no biennial election or regular election at which county officers are to be elected will take place between the occurrence of the vacancy and the next regular or special session, the vacancy must be filled in the manner provided in this section.

      2.  If the former Legislator was elected or appointed from a district wholly within one county, the board of county commissioners of the county in which the district is located shall fill the vacancy by appointing a person who is a member of the same political party as the former Legislator and who actually, as opposed to constructively, resides in the district.

      3.  If the former Legislator was elected or appointed from a district comprising more than one county, the county commissioners of each county within or partly within the district shall fill the vacancy by appointing a person who is a member of the same political party as the former Legislator and who actually, as opposed to constructively, resides in the district. To fill the vacancy:

      (a) Each board of county commissioners shall first meet separately and determine the single candidate it will nominate to fill the vacancy.

      (b) The boards shall then meet jointly. The joint meeting must be chaired by the person who is the chair of the board of county commissioners of the county with the largest population in the district. At the joint meeting:

             (1) The chair of each board, on behalf of that board, shall cast a proportionate number of votes according to the percent, rounded to the nearest whole percent, which the population of that board’s county is of the population of the entire district. Populations must be determined by the last decennial census or special census conducted by the Bureau of the Census of the United States Department of Commerce.

             (2) The person who receives a plurality of these votes is appointed to fill the vacancy. If no person receives a plurality of the votes, the boards of county commissioners of the respective counties shall each select a candidate, and the appointee must be chosen by drawing lots among the candidates so selected.

      4.  The board of county commissioners or the board of the county with the largest population in the district shall issue a certificate of appointment naming the appointee. The county clerk or the clerk of the county with the largest population in the district shall give the certificate to the appointee and send a copy of the certificate to the Secretary of State.

      (Added to NRS by 1965 Special Session, 7; A 1977, 514; 1981, 340, 1743; 1999, 2169; 2011, 3165)—(Substituted in revision for NRS 218.043)

Training

      NRS 218A.280  Definitions.  For the purposes of NRS 218A.285, the Speaker of the Assembly, the Majority Leader of the Senate, the Minority Leader of the Assembly and the Minority Leader of the Senate are:

      1.  For the period that begins immediately following a regular session until the day of the next general election, the members of the Legislature who served in those positions during that regular session or the persons designated as replacements in those positions; and

      2.  For the period that begins on the day next after the general election until the commencement of the ensuing regular session, the persons designated for those positions for the ensuing regular session.

      (Added to NRS by 2011, 1673)

      NRS 218A.285  Attendance; content; duration; notice; exceptions; certification.

      1.  A Legislator who is elected to the Assembly or the Senate and who has not previously served in either House shall attend the training required pursuant to this section unless his or her attendance is excused pursuant to subsection 6.

      2.  A member of the Assembly who is required to attend training pursuant to this section shall attend each training session designated as mandatory by the Speaker of the Assembly. A member of the Senate who is required to attend training pursuant to this section shall attend each training session designated as mandatory by the Majority Leader of the Senate.

      3.  The training required pursuant to this section must include:

      (a) Legislative procedure and protocol;

      (b) Overviews of the state budget and the budgetary process;

      (c) Discussion of major policy issues that are likely to be considered during the ensuing regular session; and

      (d) Such other matters as are deemed appropriate by the Speaker of the Assembly, the Majority Leader of the Senate, the Minority Leader of the Assembly and the Minority Leader of the Senate for their respective Houses.

      4.  The Director shall provide staff support for the training required pursuant to this section.

      5.  The training required pursuant to this section must not exceed a total of 10 days and must be conducted between the day next after the general election and the commencement of the ensuing regular session. The dates for the training must be:

      (a) Determined by the Speaker of the Assembly and the Majority Leader of the Senate;

      (b) Posted on the public website of the Legislature on the Internet; and

      (c) Communicated in writing by the Director to the candidates for election to the Assembly and the Senate for the ensuing regular session,

Ê not later than 90 days before the first day on which training will be conducted.

      6.  The Speaker of the Assembly or the Majority Leader of the Senate may excuse a Legislator from attending a training session otherwise required pursuant to this section in case of illness, injury, emergency, employment or other good cause as determined by the Speaker or Majority Leader.

      7.  Except as otherwise provided in this subsection, the Director shall provide an electronic copy of a training session and a form for attesting completion of the training session to any Legislator who was unable to attend the training session. If any training session is conducted in a manner that the Director determines cannot reasonably be recorded in an electronic format, the Director may provide for an alternate means of recording the information provided during that training session. To successfully complete the training required pursuant to this section, a Legislator who was unable to attend a training session shall complete that session in the manner prescribed by the Director and submit the attestation to the Director.

      8.  The Director shall issue a “Certificate of Graduation from the Legislative Training Academy” to each Legislator who successfully completes the training required pursuant to this section.

      (Added to NRS by 2011, 1673; A 2013, 3321)

General Rights and Privileges

      NRS 218A.300  Contract effecting loss of job seniority for attendance at regular or special session or meeting of legislative committee prohibited; duty of certain employers to grant leave to Legislators to attend meetings of legislative committees during interim.

      1.  No contract of employment wherein a private individual, corporation, association or partnership is the employer is lawful or enforceable in this State which works a loss of job seniority of any person by reason of the person’s absence from his or her regular duties or place of employment while attending a regular or special session as a Legislator or while attending a meeting for which leave is required pursuant to subsection 3.

      2.  The presence in a general contract between employer and employees or their representative of any provision which violates subsection 1 does not affect the validity of any other and separable provision.

      3.  If any private employer who has more than 50 employees or any public employer employs a person who is a Legislator, the employer shall grant leave to the employee, with or without pay at the discretion of the employer, for the employee’s attendance during the legislative interim at a:

      (a) Meeting of the Legislative Commission of which the employee is a member or a subcommittee of the Legislative Commission of which the employee is a member;

      (b) Meeting of the Interim Finance Committee of which the employee is a member or other legislative committee or subcommittee created by statute of which the employee is a member;

      (c) Meeting of an interim committee which conducts a study or investigation pursuant to NRS 218E.200 of which the employee is a member or any other committee established by the Legislature which conducts an interim legislative study of which the employee is a member; or

      (d) Meeting of a committee, other than a legislative committee, if the employee is a member of the committee in the employee’s official capacity as a Legislator.

      (Added to NRS by 1967, 867; A 2001, 1227; 2011, 3166)—(Substituted in revision for NRS 218.044)

      NRS 218A.310  Service in Legislature cannot be considered break in service for purposes of private pension plan.

      1.  No employer, labor organization or employee association which maintains or administers a private pension plan for the benefit of its employees or members may consider or treat any time spent by an employee or member as a Legislator as a break in service for any purpose of that plan.

      2.  If a private pension plan requires that an employee work a certain number of hours in a year to qualify under the plan, that number must be reduced for a year in which the employee serves as a Legislator during a regular or special session. The reduction must be by a number of hours which bears the same relationship to the required number of hours as the number of days in the regular or special session bears to the number of days in the year.

      (Added to NRS by 1979, 371; A 2011, 3166)—(Substituted in revision for NRS 218.0441)

LEGISLATURE

Organization and Sessions

      NRS 218A.400  Organization of the Assembly: Duties of Secretary of State; participation by members-elect; election of presiding officer.

      1.  Before the Assembly meets for each regular session, the Secretary of State shall make out a roll from the returns on file in the Secretary of State’s office of the persons who received the highest number of votes to be elected to office as members of the Assembly in each district in the general election. The members whose names appear upon the roll must be allowed to participate in the organization of the Assembly.

      2.  On the first day of each regular session at a time that is appropriate for that regular session, the Secretary of State shall call the Assembly to order and shall preside over the Assembly until a presiding officer is elected.

      3.  If a special session is convened between the date of the general election and the date of the next regular session, the Assembly must be organized for the special session according to the procedure set forth in this section, except that on the first day of the special session, the Secretary of State shall call the Assembly to order at a time that is appropriate for that special session.

      [1:7:1867; B § 2800; BH § 1761; C § 1919; RL § 4112; NCL § 7283] + [2:7:1867; B § 2801; BH § 1762; C § 1920; RL § 4113; NCL § 7284]—(NRS A 1995, 1662; 2011, 3167)—(Substituted in revision for NRS 218.100)

      NRS 218A.410  Chaplains: Invitation to officiate; compensation.  The Senate and the Assembly may invite ministers of the different religious denominations to officiate alternately as chaplains of their respective Houses at a compensation fixed by concurrent resolution.

      [1:3:1911; RL § 4118; NCL § 7291] + [2:3:1911; RL § 4119; NCL § 7292]—(NRS A 1959, 581; 1961, 478; 2011, 3167)—(Substituted in revision for NRS 218.200)

      NRS 218A.440  Subpoena of administrative body directed to Legislator or President of Senate ineffective during regular or special session.  An administrative body may not issue a subpoena to compel a Legislator or the President of the Senate, as a witness, to attend and give testimony or to produce any relevant material, including, without limitation, books, papers, documents, records, photographs, recordings, reports and tangible objects, during a regular or special session.

      (Added to NRS by 1963, 314; A 2011, 3167)—(Substituted in revision for NRS 218.045)

Officers and Employees

      NRS 218A.500  Presiding officer of the Senate.  Whenever the government is administered by the Lieutenant Governor, or whenever the Lieutenant Governor is not acting as the President of the Senate, the President Pro Tempore of the Senate or another appropriate member of the Senate as prescribed by its rules shall serve as the presiding officer of the Senate.

      [45:108:1866; B § 2643; BH § 1680; C § 1826; RL § 2809; NCL § 4809]—(NRS A 2011, 3167)—(Substituted in revision for NRS 218.110)

      NRS 218A.510  Officers and employees of the Senate.

      1.  The number of officers and employees of the Senate must be determined by each regular and special session of the Senate as recommended by the Senate committee which has jurisdiction of issues relating to legislative functions.

      2.  The committee shall recommend by resolution the appointment of all Senate employees authorized by law other than the Secretary of the Senate.

      [1:265:1951; A 1953, 583]—(NRS A 1963, 1; 1969, 8; 1971, 1; 1973, 1; 1999, 2188; 2011, 3167)—(Substituted in revision for NRS 218.130)

      NRS 218A.520  Secretary of the Senate: Election; duties.

      1.  The Secretary of the Senate must be elected as an officer by the Senate.

      2.  The Secretary of the Senate shall assign the duties of the Senate employees.

      [Part 2:265:1951]—(NRS A 2011, 3168)—(Substituted in revision for NRS 218.140)

      NRS 218A.540  Officers and employees of the Assembly.

      1.  The number of officers and employees of the Assembly must be determined by each regular and special session of the Assembly as recommended by the Assembly committee which has jurisdiction of issues relating to legislative functions.

      2.  The committee shall recommend by resolution the appointment of all Assembly employees authorized by law other than the Chief Clerk of the Assembly.

      [3:265:1951; A 1953, 583]—(NRS A 1965, 1448; 1999, 2188; 2011, 3168)—(Substituted in revision for NRS 218.160)

      NRS 218A.550  Chief Clerk of the Assembly: Election; duties.

      1.  The Chief Clerk of the Assembly must be elected as an officer by the Assembly.

      2.  The Chief Clerk shall assign the duties of the Assembly employees.

      [Part 4:265:1951]—(NRS A 2011, 3168)—(Substituted in revision for NRS 218.170)

COMPENSATION, ALLOWANCES AND EXPENSES

Officers and Employees Generally

      NRS 218A.600  Secretary of the Senate and Chief Clerk of the Assembly: Compensation; terms and conditions of position.

      1.  The compensation of the Secretary of the Senate and the Chief Clerk of the Assembly must be provided for in the budget for the Legislature for the ensuing biennium. The compensation must include an annual salary payable on a biweekly basis. The salary must not be increased during the biennium unless otherwise provided by a legislative act.

      2.  Except as otherwise provided in this section, the Secretary of the Senate and the Chief Clerk of the Assembly are subject to the same requirements of and entitled to the same benefits and rights as specified for employees of the Legislative Counsel Bureau. For the purposes of this subsection, references in the statutes and in the rules and policies of the Legislative Counsel Bureau to the chief of a division or the Director must be replaced by:

      (a) The Majority Leader of the Senate in the case of the Secretary of the Senate.

      (b) The Speaker of the Assembly in the case of the Chief Clerk of the Assembly.

      3.  Notwithstanding the provisions of subsection 2, the Secretary of the Senate and the Chief Clerk of the Assembly are not employees of the Legislative Counsel Bureau.

      (Added to NRS by 1989, 142; A 2007, 3309; 2011, 3168)—(Substituted in revision for NRS 218.195)

      NRS 218A.605  Compensation of employees of the Senate and Assembly; establishment of additional positions; increases in compensation; options upon transfer of employee from Legislative Counsel Bureau; rate of pay.

      1.  Except as otherwise provided in this section, the employees of the Senate and the Assembly must be paid, for all services rendered by them under the provisions of this chapter, the following base amounts of money for each day’s employment:

 

Assistant Secretary/Assistant Chief Clerk....................................................... $111

Document Clerk...................................................................................................... 105

History Clerk........................................................................................................... 105

Journal Clerk........................................................................................................... 105

Media Clerk............................................................................................................. 105

Recording Clerk...................................................................................................... 105

Sergeant at Arms.................................................................................................... 105

Deputy/Senior Sergeant at Arms............................................................................ 90

Assistant Sergeant at Arms..................................................................................... 84

Senior Page................................................................................................................. 77

Page/Student.............................................................................................................. 61

Clerical Services Administrator/Supervisor of Clerical Services.................... 111

Executive Assistant................................................................................................ 103

Executive Secretary.................................................................................................. 98

Leadership Receptionist.......................................................................................... 90

Senior Secretary........................................................................................................ 90

Secretary..................................................................................................................... 84

Senior Committee Manager................................................................................. 103

Committee Manager................................................................................................ 98

Lead Committee Secretary................................................................................... 103

Secretary for Senate Committee on Finance or Assembly Committee on Ways and Means 101

Senior Committee Secretary................................................................................... 98

Committee Secretary............................................................................................... 90

Senior Proofreader.................................................................................................... 98

Proofreader................................................................................................................ 90

Committee Minutes Coordinator........................................................................... 98

Data Entry Technician............................................................................................. 82

Word Processing Clerk............................................................................................. 69

Reproduction Services Supervisor......................................................................... 90

Bill Services Administrator/Supervisor of Bill Services...................................... 82

Assistant Bill Services Administrator/Supervisor of Bill Services..................... 75

Bill Services Clerk..................................................................................................... 61

 

      2.  In addition to the positions listed in subsection 1, the Secretary of the Senate and the Chief Clerk of the Assembly may establish additional positions as necessary and shall establish an appropriate base amount for those additional positions.

      3.  The base amount paid to an employee of the Legislature listed in subsection 1 or created pursuant to subsection 2:

      (a) Must be increased cumulatively by each cost of living increase granted to employees in the classified service of the State that becomes effective on or after July 1, 2001; and

      (b) May be increased cumulatively by the Secretary of the Senate or the Chief Clerk of the Assembly, as applicable, by:

             (1) One step of 5 percent for each regular session during which the employee previously worked for the Legislature in the same or a similar position, not to exceed the number of steps in the State’s compensation schedule per position, if the Secretary of the Senate or the Chief Clerk of the Assembly determined that the employee performed his or her duties in a satisfactory manner during the previous regular session or sessions; or

             (2) One or more steps of 5 percent, not to exceed the number of steps in the State’s compensation schedule per position, as determined by the Secretary of the Senate or the Chief Clerk of the Assembly, based upon previous service with the Legislative Counsel Bureau in a position that is similar to the position with the Senate or the Assembly, as applicable.

      4.  If an employee of the Legislative Counsel Bureau transfers to a position with the Senate or the Assembly during a regular or special session, the employee may, with the approval of the Secretary of the Senate or the Chief Clerk of the Assembly, continue to be paid on an hourly basis at the same rate that the employee was being paid by the Legislative Counsel Bureau if the position with the Legislative Counsel Bureau is similar to the position with the Senate or the Assembly, as applicable.

      5.  During periods of adjournment to a day certain, employees of the Legislature whose service is required shall perform duties as assigned and are entitled to be paid the amount specified in subsection 1 for each day of service, as adjusted pursuant to subsection 3, if applicable.

      6.  During periods before the commencement of a regular or special session and after the adjournment of a regular or special session sine die, employees of the Legislature whose service is required shall perform duties as assigned and are entitled to be paid at an hourly rate commensurate with the daily rate specified in subsection 1, as applicable, and are entitled to be compensated for overtime in the same manner as provided for employees of the Legislative Counsel Bureau.

      [6:265:1951; A 1953, 583] + [7:265:1951]—(NRS A 1957, 582; 1961, 125, 479; 1963, 1, 1173; 1965, 1449; 1967, 1584; 1969, 21, 1056; 1971, 1335; 1973, 1640; 1975, 1023; 1977, 1, 1019; 1979, 1266; 1981, 1709; 1985, 1616; 1987, 1786; 1989, 1492; 1991, 2377; 1995, 2319; 1997, 1556; 1999, 2191, 3164; 2001, 226, 2662; 2005, 699, 1968; 2011, 3168)—(Substituted in revision for NRS 218.230)

Legislators, Other Officers and Committee Staff

      NRS 218A.630  Compensation of Legislators during regular or special session.

      1.  Each Legislator 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 that regular 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 that special session or the maximum number of days for which compensation for a special session is permitted by the Constitution, whichever is smaller.

      2.  On the first day of each term of a Legislator beginning on or after November 8, 2006, the compensation of the office of the Legislator must be increased by an amount equal to the cumulative percentage increase in the salaries of the classified employees of this State during the immediately preceding term of that office.

      [1:161:1945; A 1955, 362]—(NRS A 1957, 283; 1963, 6; 1965, 288; 1971, 2205; 1975, 1490; 1977, 1014; 1979, 1264; 1981, 1371; 1985, 1608; 1999, 2188; 2005, 1184; 2011, 3170)—(Substituted in revision for NRS 218.210)

      NRS 218A.635  Compensation, allowances and expenses of Legislators during presession orientation, training sessions and legislative interim; applicability to nonreturning Legislators.

      1.  Except as otherwise provided in subsections 2 and 4, for each day or portion of a day during which a Legislator attends a presession orientation conference, a training session conducted pursuant to NRS 218A.285 or a conference, meeting, seminar or other gathering at which the Legislator officially represents the State of Nevada or its Legislature, the Legislator is entitled to receive:

      (a) The compensation provided for a majority of the Legislators during the first 60 days of the preceding regular session;

      (b) The per diem allowance provided for state officers and employees generally; and

      (c) The travel expenses provided pursuant to NRS 218A.655.

      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 legislative committee and the Legislator is a member of that committee; or

      (b) The Majority Leader of the Senate or Speaker of the Assembly designates the Legislator to attend because of the Legislator’s knowledge or expertise.

      3.  For the purposes of this section, “nonreturning Legislator” means a Legislator who, in the year that the Legislator’s 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 member of the Senate or the Assembly;

      (b) Has failed to win nomination as a candidate for the Senate or the Assembly at the primary election; or

      (c) Has withdrawn as a candidate for the Senate or the Assembly.

      4.  This section does not apply:

      (a) During a regular or special session; or

      (b) To any Legislator who is otherwise entitled to receive a salary and the per diem allowance and travel expenses.

      (Added to NRS by 1977, 1569; A 1979, 310; 1981, 1977; 1993, 882; 2011, 1674, 3170)—(Substituted in revision for NRS 218.223)

      NRS 218A.640  Limitation on compensation payable to Legislators who attend multiple meetings, conferences or training sessions in single day.  A Legislator who attends and is compensated for attending a:

      1.  Regular or special session, a presession orientation conference of the Legislature or a training session conducted pursuant to NRS 218A.285;

      2.  Meeting of an interim legislative committee; or

      3.  Meeting of the Legislative Commission or the Audit Subcommittee,

Ê is not entitled to receive an additional day’s salary or compensation for any other such meeting or conference the Legislator attends in that day.

      (Added to NRS by 1983, 309; A 2011, 1675, 3171)—(Substituted in revision for NRS 218.224)

      NRS 218A.645  Payment to Legislators for certain expenses during regular or special session, presession orientation and training sessions; payment to committee staff for per diem allowances and travel expenses for meetings outside capital.

      1.  The per diem allowance and the travel and telephone expenses of Legislators in attendance at any regular or special session, presession orientation conference of the Legislature or training session conducted pursuant to NRS 218A.285 must be allowed in the manner set forth in this section.

      2.  For initial travel from the Legislator’s home to Carson City, Nevada, to attend a regular or special session, a presession orientation conference of the Legislature or a training session conducted pursuant to NRS 218A.285, and for return travel from Carson City, Nevada, to the Legislator’s home upon adjournment sine die of a regular or special session or termination of a presession orientation conference or a training session, each Legislator is entitled to receive:

      (a) A per diem expense allowance, not to exceed the maximum rate established by the Federal Government for the Carson City area, for 1 day’s travel to and 1 day’s travel from the regular or special session, presession orientation conference or training session.

      (b) Travel expenses.

      3.  In addition to the per diem allowance and travel expenses authorized by subsection 2, each Legislator is entitled to receive a supplemental allowance which must not exceed:

      (a) A total of $10,000 during each regular session for:

             (1) The Legislator’s actual expenses in moving to and from Carson City for the regular session;

             (2) Travel to and from the Legislator’s 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;

             (3) If the Legislator rents furniture for the Legislator’s temporary residence rather than moving similar furniture from the Legislator’s home, the cost of renting that furniture not to exceed the amount that it would have cost to move the furniture to and from the Legislator’s home; and

             (4) If:

                   (I) The Legislator’s home is more than 50 miles from Carson City; and

                   (II) The Legislator maintains temporary quarters in or near Carson City for which the Legislator has entered into a lease or other agreement for occupancy during a regular session,

Ê the cost of such additional housing, paid at the end of each month during the regular session, beginning the month of the first day of the regular session and ending the month of the adjournment sine die of the regular session, in an amount that is the fair market rent for a one bedroom unit in Carson City as published by the United States Department of Housing and Urban Development prorated for the number of days of the month that the Legislator actually maintained the temporary quarters in or near Carson City. For the purposes of this subparagraph, any day before the first day of the regular session or after the day of the adjournment sine die of the regular session may not be counted as a day for which the Legislator actually maintained such temporary quarters; and

      (b) A total of $1,200 during each special session for travel to and from the Legislator’s 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 Legislator is entitled to receive a per diem expense allowance, not to exceed the maximum rate established by the Federal Government for the Carson City area:

      (a) For each day that the Legislature is in a regular or special session, a presession orientation conference or a training session conducted pursuant to NRS 218A.285; and

      (b) For each day that the Legislator attends a meeting of a standing committee of which the Legislator is a member when the Legislature has adjourned for more than 4 days.

      5.  Each Legislator who maintains temporary quarters in or near Carson City for which the Legislator has entered into a lease or other agreement for continuous occupancy for the duration of a regular or special 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 Legislator is not entitled to a per diem allowance pursuant to subsection 4.

      6.  In addition to the per diem allowance authorized by subsection 4 and the lodging allowance authorized by subsection 5, each Legislator who maintains temporary quarters in or near Carson City for which the Legislator has entered into a lease or other agreement for continuous occupancy for the duration of a regular or special 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 Legislator must obtain temporary lodging in a location that a standing committee of which the Legislator is a member is meeting.

      7.  Each Legislator 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 Legislator must obtain temporary lodging in a location that a standing committee of which the Legislator is a member is meeting,

Ê if the Legislator is not entitled to the per diem allowance authorized by subsection 4 or the lodging allowances authorized by subsections 5 and 6.

      8.  Each Legislator is entitled to receive a telephone allowance of:

      (a) Not more than $2,800 for the payment of tolls and charges incurred by the Legislator in the performance of official business during each regular session; and

      (b) Not more than $300 during each special session.

      9.  An employee of the Legislature assigned to serve a standing committee is entitled to receive the travel expenses and per diem allowance provided for state officers and employees generally if the employee is required to attend a hearing of the committee outside Carson City.

      10.  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 regular or special session and upon completion of a presession orientation conference or a training session conducted pursuant to NRS 218A.285.

      11.  A claim for travel expenses authorized by subsection 2 or 3 must not be paid unless the Legislator 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.

Ê Transportation must be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles.

      [1:200:1953; A 1955, 400] + [2:200:1953; A 1955, 400] + [3:200:1953; A 1955, 400] + [4:200:1953]—(NRS A 1957, 7; 1960, 298; 1963, 7; 1965, 257; 1967, 172; 1971, 5; 1973, 1274; 1975, 36, 1092; 1977, 106, 1061; 1979, 438, 1265, 1267; 1981, 4; 1985, 1614; 1987, 1871; 1989, 1216; 1991, 1, 5; 1995, 2240; 1997, 3067; 1999, 2189, 3505; 2005, 2387; 2007, 599; 2011, 1675, 3171; 2013, 3830)—(Substituted in revision for NRS 218.220)

      NRS 218A.650  Advances of money for travel.

      1.  During a regular session, any Legislator may apply for advance money for travel expenses, not to exceed in the aggregate the total amount of travel expenses to which the Legislator is entitled under NRS 218A.645 for a regular session, by filing a request with:

      (a) The Majority Leader of the Senate if a member of the Senate; or

      (b) The Speaker of the Assembly if a member of the Assembly.

      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, the Majority Leader or the Speaker shall forward a copy of the request and the approval to the Chief of the Administrative Division.

      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 218F.230 for the amount of the advance requested.

      (Added to NRS by 1981, 4; A 1981, 560; 1991, 3; 1997, 3070; 2011, 3174)—(Substituted in revision for NRS 218.2205)

      NRS 218A.655  Payment to Legislators for travel expenses for certain legislative business.

      1.  Except as otherwise provided in NRS 218A.645, each Legislator 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 the Legislator’s 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 paid from the Legislative Fund unless otherwise provided by specific statute. A claim for travel expenses must not be paid unless the Legislator 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.

      (Added to NRS by 1989, 1215; A 1991, 4; 1997, 3070; 2011, 3174)—(Substituted in revision for NRS 218.2207)

      NRS 218A.660  Payment to Legislators for travel expenses for certain meetings during legislative interim.

      1.  Except as otherwise provided in this section and NRS 218A.655, each Legislator is entitled to receive, during the legislative interim, an allowance for travel within the State to participate in a meeting of a legislative committee or subcommittee of which the Legislator is not a member or with an officer, employee, agency, board, bureau, commission, department, division, district or other unit of federal, state or local government or any other public entity regarding an issue relating to the State.

      2.  The allowance for travel payable pursuant to this section applies only to trips whose one-way distance is 50 miles or more or whose round-trip distance is 100 miles or more.

      3.  The maximum allowance for travel payable to each Legislator pursuant to this section during a legislative interim is $3,000, except that no allowance for travel pursuant to this section is payable to a Legislator for travel that occurs during the legislative interim at any time after the date on which the Legislator has filed a declaration or an acceptance of candidacy for an elective office and remains a candidate for that office.

      4.  Transportation must be by the most economical means, considering total cost and time spent in transit. 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.

      5.  Claims made pursuant to this section must be paid from the Legislative Fund unless otherwise provided by specific statute. A claim must not be paid unless the Legislator submits a signed statement affirming:

      (a) The date of travel;

      (b) The purpose of the travel and of the participant’s attendance; and

      (c) 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.

      (Added to NRS by 2007, 2035; A 2011, 3175)—(Substituted in revision for NRS 218.2209)

      NRS 218A.665  Payment to legislative officers and committee chairs for postage, telephone and other communication expenses.

      1.  Each of the following officers of the Houses is entitled to an allowance of not more than $900 for each regular session and $64 for each special session for the payment of postage, telephone tolls and other communication charges incurred by the officer in the performance of the officer’s duties:

      (a) The President and President Pro Tempore of the Senate.

      (b) The Speaker and Speaker Pro Tempore of the Assembly.

      (c) The Majority Floor Leader and Minority Floor Leader of each House.

      (d) The chair of each standing committee of each House, except that any chair who would otherwise qualify for more than one allowance is entitled only to one allowance.

      2.  All allowances made pursuant to this section must be paid from the Legislative Fund.

      (Added to NRS by 1977, 107; A 1979, 440; 1985, 1615; 1987, 1872; 2011, 3175)—(Substituted in revision for NRS 218.221)

      NRS 218A.670  Payment of expenses for official stationery and business cards for Legislators.

      1.  At each regular session, each Legislator is entitled to receive at the expense of the Legislative Fund:

      (a) Not to exceed 2,000 letterheads, 8 1/2 inches x 11 inches, and 2,000 half size, or 4,000 of either variety;

      (b) Not to exceed 2,000 No. 10 envelopes and 2,000 No. 6 3/4 envelopes, or 4,000 of either variety; and

      (c) Not to exceed 2,000 business cards and 1,000 memorandum sheets, 500 each of the small and large type or 1,000 of either type.

      2.  Each female member of the Assembly is entitled to have the word “Assemblywoman” precede the inscription of her name on her official stationery and business cards.

      3.  All orders for the printing specified in subsection 1 must be placed by Legislators with the Director, who shall approve those claims which comply with the provisions of this section and shall pay the claims from the Legislative Fund.

      4.  A Legislator may purchase official stationery, cards and other material appropriate to the Legislator’s official duties in excess of that specified in subsection 1 at the Legislator’s own expense and may purchase stationery, cards or other material for use after the Legislator leaves office if the stationery, cards or other material clearly identifies the person as a former Legislator or retired Legislator.

      (Added to NRS by 1969, 166; A 1973, 1456; 1975, 179; 1985, 458, 1616; 1989, 1856; 1993, 1531; 1997, 10, 2513; 1999, 2191; 2005, 1078; 2009, 1560; 2011, 3176)—(Substituted in revision for NRS 218.225)

LEGISLATIVE APPOINTMENTS TO BOARDS, COMMITTEES AND SIMILAR BODIES

      NRS 218A.700  Residency requirements; exceptions.

      1.  Except as otherwise provided in this section, when the Legislature or a member thereof discharges a duty or exercises a power conferred by law to appoint a person to a new term or to fill a vacancy on a board, commission, committee, council, authority or similar body, the appointing authority shall appoint a person who has, in accordance with the provisions of NRS 281.050, actually, as opposed to constructively, resided, for at least 6 months immediately preceding the date of the appointment:

      (a) In this State; and

      (b) If current residency in a particular county, district, ward, subdistrict or any other unit is prescribed by the provisions of law that govern the position, also in that county, district, ward, subdistrict or other unit.

      2.  The provisions of subsection 1 do not apply if:

      (a) A requirement of law concerning another characteristic or status that a member must possess, including, without limitation, membership in another organization, would make it impossible to fulfill the provisions of subsection 1; or

      (b) The membership of the particular board, commission, committee, council, authority or similar body includes residents of another state and the provisions of subsection 1 would conflict with a requirement that applies to all members of that body.

      (Added to NRS by 2005, 1580)—(Substituted in revision for NRS 218.5405)

REPORTS MADE TO LEGISLATIVE DEPARTMENT

      NRS 218A.750  Submission of reports in electronic format.  If a law or resolution requires or directs that a report be made to the Legislature, the Legislative Counsel Bureau, or any person or entity within the Legislature or the Legislative Counsel Bureau:

      1.  The person or entity shall, if practicable, submit the report in electronic format.

      2.  Submitting the report in electronic format satisfies the law or resolution.

      (Added to NRS by 2009, 1560; A 2011, 3666)

UNLAWFUL ACTS; REMEDIES AND PENALTIES

Unlawful Interference With Legislative Process

      NRS 218A.900  Legislative findings and declaration; definitions.

      1.  The Legislature finds as a fact that the complexities of contemporary civilization and government require the Legislature, in the discharge of its constitutional function, to delegate separately to committees and to the Legislative Commission the finding of essential facts and the preliminary consideration of legislation, and that these subordinate bodies are, therefore, an integral part of the Legislature.

      2.  As used in NRS 218A.900 to 218A.940, inclusive, unless the context otherwise requires, “Legislature” means:

      (a) The Legislature or either House;

      (b) Any committee of either House;

      (c) Any joint committee of both Houses; or

      (d) Any other committee or commission created or authorized by the Legislature to perform legislative functions at the direction of the Legislature.

Ê The term includes, without limitation, a subcommittee.

      (Added to NRS by 1973, 217; A 2011, 3176)—(Substituted in revision for NRS 218.541)

      NRS 218A.905  Conduct constituting unlawful interference with legislative process.  A person who, without legal authority, willfully does any of the following acts, alone or in concert with another, interferes with the legislative process:

      1.  Prevents or attempts to prevent the Legislature from conducting meetings.

      2.  Disturbs, disrupts or interferes with, or attempts to disturb, disrupt or interfere with, a meeting of the Legislature.

      3.  Withholds, defaces, alters or destroys any official document or record of the Legislature, which conduct interferes with the functioning of the Legislature.

      4.  Withholds, defaces, alters or destroys any property owned or used by the Legislature.

      5.  Remains in the legislative chamber, Legislative Building, or any part thereof, or any other place where the Legislature is conducting its business, after being advised that the law or rule of the Legislature requires persons to leave after being asked to do so, and being asked to leave.

      6.  Prevents or attempts to prevent any Legislator or officer or employee of the Legislative Department from performing that person’s official duties.

      7.  Coerces or attempts to coerce any Legislator or officer or employee of the Legislative Department to perform any act under color of office, by any unlawful means, threats of violence, fraud or intimidation.

      8.  Possesses any firearm, explosive, dangerous device or deadly weapon in the Legislative Building or any other place where the Legislature is conducting its business.

      (Added to NRS by 1973, 217; A 1975, 1385; 2011, 3176)—(Substituted in revision for NRS 218.542)

      NRS 218A.910  Powers of Sergeant at Arms.  A person who interferes with the legislative process in the presence of either House may be summarily taken into custody by the Sergeant at Arms until:

      1.  A complaint has been filed and an arrest made by a peace officer for the violation of NRS 218A.915; or

      2.  A citation for contempt has been served pursuant to NRS 218A.925.

      (Added to NRS by 1973, 217; A 2011, 3177)—(Substituted in revision for NRS 218.543)

      NRS 218A.915  Criminal penalties.  A person who interferes with the legislative process at any time or place is guilty of a gross misdemeanor.

      (Added to NRS by 1973, 218)—(Substituted in revision for NRS 218.544)

      NRS 218A.920  Injunctive relief.

      1.  If the presiding officer of either House has reasonable grounds to believe that any person is interfering with the legislative process, or is about to do so, the presiding officer of either House on behalf of the Legislature may petition a court of competent jurisdiction for an order directing the person to cease and desist from such interference or restraining the person from such interference in the future.

      2.  The petition must be verified and must set forth the facts upon which it is based. Either House may, by rule, empower the presiding officer of the House to designate one or more members or officers of the House to make the petition on behalf of the presiding officer. Any such designation must be filed with the clerk of the House and, if a petition is made by any person named in the designation, a copy of the designation must be submitted to the court together with the petition.

      3.  If a court to which the petition is presented is satisfied that the petition sets forth a prima facie case for the granting of the relief requested and that irreparable damage may occur unless the relief is granted, the court may grant a temporary injunction granting the relief requested, in whole or in part, pending the ultimate determination of the matter after due notice and hearing. A copy of the temporary order and of the petition upon which it is based, together with notice of the date and place of a hearing to be held on the matter, must be given to each such person within the time and in the manner as the court directs.

      4.  A temporary injunction and any preliminary or permanent injunction which may be granted on the petition following a hearing on the matter is enforceable by contempt proceedings, or other enforcement proceedings, in the same manner as other orders of the court.

      5.  Except as otherwise provided, all the provisions of law applicable to the granting of injunctive relief by the court to which a petition is presented apply to proceedings instituted under this section.

      (Added to NRS by 1973, 218; A 2011, 3177)—(Substituted in revision for NRS 218.545)

      NRS 218A.925  Power of Houses to imprison for contempt; issuance and service of citation for contempt.

      1.  Either House may imprison for contempt any person who interferes with the legislative process while the Legislature is in a regular or special session. Such imprisonment must not extend beyond the final adjournment of the regular or special session.

      2.  If the contempt is committed before the House, any member of the House may offer a resolution that the alleged offender be cited for contempt. If the resolution is adopted by the House, the House shall issue a citation.

      3.  If the contempt is committed before a committee of the House or a joint committee or commission which includes members of the House, during a regular or special session, any member of the House who is a member of the committee or commission may offer a resolution that the alleged offender be cited for contempt, but only if the resolution is first approved by a majority vote of the committee or commission. If the resolution is adopted by the House, the House shall issue a citation.

      4.  The citation must be served personally on each alleged offender named in the resolution and must contain:

      (a) A statement of the terms or substance of the offense or offenses which caused the citation to be issued; and

      (b) A statement of the time and place of the hearing before the House.

      5.  The citation may be served by any peace officer or by the Sergeant at Arms or any regularly appointed Assistant Sergeant at Arms of the House.

      (Added to NRS by 1973, 218; A 2011, 3178; 2013, 3833)—(Substituted in revision for NRS 218.546)

      NRS 218A.930  Hearing on citation for contempt.

      1.  The time and place stated in the citation for the hearing must afford the alleged offender a reasonable opportunity to prepare an appropriate defense.

      2.  The alleged offender is entitled at the hearing:

      (a) To the assistance of counsel.

      (b) To present witnesses and offer evidence on the alleged offender’s behalf.

      (c) To argue orally in person or by counsel, within such reasonable limits as may be imposed by the presiding officer of the House, and to submit written arguments.

      (Added to NRS by 1973, 219; A 2011, 3178; 2013, 3834)—(Substituted in revision for NRS 218.547)

      NRS 218A.935  Arrest and imprisonment upon finding of contempt; warrant.

      1.  If the House finds by resolution that the alleged offender has in fact committed a contempt, the House shall issue a warrant for the arrest of the offender.

      2.  A warrant issued for the arrest of the offender pursuant to subsection 1 must:

      (a) Be signed by the presiding officer;

      (b) Be directed to the Sergeant at Arms or any regularly appointed Assistant Sergeant at Arms of the House or any peace officer; and

      (c) Order the Sergeant at Arms, Assistant Sergeant at Arms or peace officer to arrest the offender, if the offender is not already in custody, and deliver the offender to the Sheriff of Carson City or a designated county for imprisonment in the jail.

      3.  A copy of the warrant must be delivered with the offender to the designated sheriff and must fix the term of imprisonment as:

      (a) The remaining duration of the regular or special session; or

      (b) A specified term, unless the Legislature adjourns sine die before the completion of that term.

      (Added to NRS by 1973, 219; A 2011, 3178)—(Substituted in revision for NRS 218.548)

      NRS 218A.940  Remedies cumulative.  The remedies for interference with the legislative process provided by NRS 218A.900 to 218A.940, inclusive, are cumulative, and the application or attempted application of one does not bar any other.

      (Added to NRS by 1973, 219)—(Substituted in revision for NRS 218.549)

Unlawful Acts Involving Legislative Measures

      NRS 218A.950  Unlawful alteration of proposed legislative measure.

      1.  A person shall not fraudulently alter the draft of any legislative measure which has been presented for enactment or adoption to either House with the intent to procure its enactment or adoption by either House in language different from that intended by the House.

      2.  A person who violates any provision of this section is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      [1911 C&P § 81; RL § 6346; NCL § 10030]—(NRS A 1967, 531; 1979, 1462; 1995, 1262; 2011, 3179)—(Substituted in revision for NRS 218.560)

      NRS 218A.955  Unlawful alteration of enrolled legislative measure.

      1.  A person shall not fraudulently alter the enrolled copy of any legislative measure which has been passed or adopted by the Legislature with the intent to procure it to be approved by the Governor, certified by the Secretary of State or printed or published by the State Printer in language different from that in which it was passed or adopted by the Legislature.

      2.  A person who violates any provision of this section is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      [1911 C&P § 82; RL § 6347; NCL § 10031]—(NRS A 1967, 532; 1979, 1462; 1995, 1262; 1997, 15; 2011, 3179)—(Substituted in revision for NRS 218.570)

Unlawful Acts Involving Bribery or Corruption

      NRS 218A.960  Person prohibited from bribing or using other corrupt means to influence Legislator.

      1.  A person shall not give, offer or promise, directly or indirectly, any compensation, gratuity or reward to a Legislator, or attempt, directly or indirectly, by menace, deceit, suppression of truth or other corrupt means, to influence the Legislator to give or withhold the Legislator’s vote or to be absent from the House of which the Legislator is a member or from any committee of the Legislature.

      2.  A person who violates any provision of this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      [Part 1911 C&P § 46; RL § 6311; NCL § 9995]—(NRS A 1979, 1462; 1995, 1263; 2011, 3179)—(Substituted in revision for NRS 218.590)

      NRS 218A.965  Legislator prohibited from soliciting or receiving bribe.

      1.  A Legislator shall not ask for or receive, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that the Legislator’s official vote, opinion, judgment or action will be influenced thereby, or will be given in any particular manner, or upon any particular side of any question or matter upon which the Legislator may be required to act in the Legislator’s official capacity.

      2.  A person who violates any provision of this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      [Part 1911 C&P § 47; RL § 6312; NCL § 9996]—(NRS A 1979, 1463; 1995, 1263; 2011, 3179)—(Substituted in revision for NRS 218.600)

Unlawful Acts Involving Misuse of Office

      NRS 218A.970  Legislator prohibited from entering into or being interested in certain contracts; exceptions.

      1.  Except as otherwise provided in subsection 2, a Legislator shall not:

      (a) Become a named contractor or named subcontractor under any contract or order for supplies or any other kind of contract paid for in whole or in part by money appropriated by the Legislature of which that Legislator is a member for the State or any of its departments, or the Legislature or either House, or to be interested, directly or indirectly, as principal, in any kind of contract so paid.

      (b) Be interested in any contract made by the Legislature of which that Legislator is a member, or be a purchaser or interested in any purchase or sale made by the Legislature of which that Legislator is a member.

      2.  A Legislator may:

      (a) Sell or enter into a contract to sell, to the State or any of its departments, any item, commodity, service or capital improvement if:

             (1) The sources of supply for the item, commodity, service or capital improvement are limited;

             (2) The contracting process is controlled by rules of open competitive bidding;

             (3) The Legislator has not taken part in developing the plans or specifications for the sale or contract; and

             (4) The Legislator will not be personally involved in opening, considering or accepting any bids for the sale or contract.

      (b) If the Legislator is not named in a contract, receive, as direct salary or wages, compensation for which the original source was a legislative appropriation to any governmental entity or a private entity not owned or controlled by the Legislator.

      (c) Receive, for services as an instructor or teacher from any county school district or the Nevada System of Higher Education, compensation for which the original source was a legislative appropriation to any governmental entity or a private entity not owned or controlled by the Legislator.

      3.  Any contract made in violation of subsection 1 may be declared void at the instance of the State or of any other person interested in the contract except the Legislator prohibited by subsection 1 from making or being interested in the contract.

      4.  A person who violates any provision of this section is guilty of a gross misdemeanor and forfeits the person’s office.

      (Added to NRS by 1977, 1110; A 1987, 455, 2098; 1993, 366; 1995, 823; 2011, 3180)—(Substituted in revision for NRS 218.605)

      NRS 218A.975  Legislator prohibited from exercising certain privileges after leaving office.

      1.  After a person who is a Legislator leaves office and a successor has been elected or appointed, the person shall not:

      (a) Use any official stationery or business card acquired pursuant to NRS 218A.670, unless the stationery or business card clearly identifies the person as a former Legislator or retired Legislator;

      (b) Maintain deliberately a listing in any directory, published after that date, which in any manner indicates that the person is presently a Legislator; or

      (c) Except as otherwise provided in a special act, use on the person’s vehicle a special legislative license plate furnished pursuant to NRS 482.374.

      2.  A person who violates any provision of this section is guilty of a misdemeanor.

      (Added to NRS by 1989, 287; A 1999, 2648; 2009, 1560; 2011, 3180)—(Substituted in revision for NRS 218.048)