[Rev. 11/21/2013 10:13:15
AM--2013]
CHAPTER 218H - LOBBYING
GENERAL PROVISIONS
NRS 218H.010 Short
title.
NRS 218H.020 Legislative
declaration.
NRS 218H.030 Definitions.
NRS 218H.050 “Expenditure”
defined.
NRS 218H.060 “Gift”
defined.
NRS 218H.070 “Legislative
action” defined.
NRS 218H.080 “Lobbyist”
defined.
NRS 218H.090 “Member
of the Legislative Branch” defined.
NRS 218H.100 “Person”
defined.
REGISTRATION
NRS 218H.200 Registration
statement required; filing with Director.
NRS 218H.210 Contents
of registration statement.
NRS 218H.220 Supplementary
registration statement required upon change in registration information.
NRS 218H.230 Notice
required upon termination of lobbying activities; duty to file report for final
reporting period.
IDENTIFICATION BADGES
NRS 218H.300 Issuance
by Director; different color for each classification; requirement to wear in
Legislative Building.
REPORTS OF LOBBYING ACTIVITIES
NRS 218H.400 Duty
to file; form; contents; itemization of expenditures; audits and
investigations.
NRS 218H.410 Fee
for late filing; waivers and exemptions.
ADMINISTRATION AND ENFORCEMENT
NRS 218H.500 Regulations;
fees; classification of lobbyists; forms; accounting and reporting methods;
filing system; public inspection; retention of records; list of registrants.
NRS 218H.510 Inspection
of registration statements and reports of lobbying activities; notice of noncompliance.
NRS 218H.520 Publication
of reports regarding lobbying activities; release of name of noncomplying
lobbyist; sanctions for noncompliance.
NRS 218H.530 Investigations
of irregularities and noncompliance; grounds and procedure for suspension or
revocation of registration; hearing and appeal; renewal of registration after
suspension or revocation.
NRS 218H.540 Injunctive
relief.
UNLAWFUL ACTS; PENALTIES
NRS 218H.900 Unlawful
for lobbyist to misrepresent Legislator’s authorization to request professional
services from Legislative Counsel Bureau.
NRS 218H.930 Unlawful
acts involving lobbyists and lobbying.
NRS 218H.960 Criminal
penalties.
_________
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GENERAL PROVISIONS
NRS 218H.010 Short title. This
chapter may be cited as the Nevada Lobbying Disclosure Act.
(Added to NRS by 1975, 1170; A 1977,
1528)—(Substituted in revision for NRS 218.900)
NRS 218H.020 Legislative declaration. The
Legislature declares that the operation of responsible representative
government requires that the fullest opportunity be afforded to the people to
petition their government for the redress of grievances and to express freely
to individual Legislators and to legislative committees their opinions on
legislation.
(Added to NRS by 1975, 1170; A 2011, 3251)—(Substituted
in revision for NRS 218.902)
NRS 218H.030 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 218H.050 to 218H.100, inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1975, 1170; A 1979, 1322; 2003, 2530; 2011, 3251)—(Substituted
in revision for NRS 218.904)
NRS 218H.050 “Expenditure” defined. “Expenditure”
means any advance, conveyance, deposit, distribution, transfer of funds, loan,
payment, pledge or subscription of money or anything of value, including cost
of entertainment, except the payment of a membership fee otherwise exempted
pursuant to NRS 218H.400, and any contract,
agreement, promise or other obligation, whether or not legally enforceable, to
make any expenditure while the Legislature is in a regular or special session.
(Added to NRS by 1975, 1170; A 2011, 3251)—(Substituted
in revision for NRS 218.906)
NRS 218H.060 “Gift” defined.
1. “Gift” means a payment, subscription,
advance, forbearance, rendering or deposit of money, services or anything of
value unless consideration of equal or greater value is received.
2. “Gift” does not include:
(a) A political contribution of money or services
related to a political campaign;
(b) A commercially reasonable loan made in the
ordinary course of business;
(c) The cost of entertainment, including the cost
of food or beverages; or
(d) Anything of value received from:
(1) A member of the recipient’s immediate
family; or
(2) A relative of the recipient or
relative of the recipient’s spouse within the third degree of consanguinity or
from the spouse of any such relative.
(Added to NRS by 1975, 1171; A 1993, 2587)—(Substituted
in revision for NRS 218.908)
NRS 218H.070 “Legislative action” defined. “Legislative
action” means introduction, sponsorship, debate, voting and any other official
action on any bill, resolution, amendment, nomination, appointment, report and
any other matter pending or proposed in a legislative committee or in either
House, or on any matter which may be the subject of action by the Legislature.
(Added to NRS by 1975, 1171; A 2011, 3251)—(Substituted
in revision for NRS 218.910)
NRS 218H.080 “Lobbyist” defined.
1. “Lobbyist” means, except as limited by
subsection 2, a person who:
(a) Appears in person in the Legislative Building
or any other building in which the Legislature or any of its standing
committees hold meetings; and
(b) Communicates directly with a member of the
Legislative Branch on behalf of someone other than himself or herself to
influence legislative action whether or not any compensation is received for
the communication.
2. “Lobbyist” does not include:
(a) Persons who confine their activities to
formal appearances before legislative committees and who clearly identify
themselves and the interest or interests for whom they are testifying.
(b) Employees of a bona fide news medium who meet
the definition of “lobbyist” only in the course of their professional duties
and who contact Legislators for the sole purpose of carrying out their news
gathering function.
(c) Employees of departments, divisions or
agencies of the state government who appear before legislative committees only
to explain the effect of legislation related to their departments, divisions or
agencies.
(d) Employees of the Legislature, Legislators,
legislative agencies or legislative commissions.
(e) Elected officers of this State and its
political subdivisions who confine their lobbying activities to issues directly
related to the scope of the office to which they were elected.
(f) Persons who contact the Legislators who are
elected from the district in which they reside.
(Added to NRS by 1975, 1171; A 1977, 1528; 1991, 2324; 2011, 3251)—(Substituted
in revision for NRS 218.912)
NRS 218H.090 “Member of the Legislative Branch” defined. “Member of the Legislative Branch” means any
Legislator, any member of the Legislator’s staff or any assistant, employee or
other person employed with reference to the legislative duties of the Legislator.
(Added to NRS by 1975, 1171; A 1981, 1204; 2011, 3252)—(Substituted
in revision for NRS 218.914)
NRS 218H.100 “Person” defined. “Person”
includes a group of persons acting in concert, whether or not formally
organized.
(Added to NRS by 1975, 1171; A 1981,
1204)—(Substituted in revision for NRS 218.916)
REGISTRATION
NRS 218H.200 Registration statement required; filing with Director. Every person who acts as a lobbyist shall, not
later than 2 days after the beginning of that activity, file a registration
statement with the Director in such form as the Director prescribes.
(Added to NRS by 1975, 1171; A 1979, 1322)—(Substituted
in revision for NRS 218.918)
NRS 218H.210 Contents of registration statement. The
registration statement of a lobbyist must contain the following information:
1. The registrant’s full name, permanent
address, place of business and temporary address while lobbying.
2. The full name and complete address of
each person, if any, by whom the registrant is retained or employed or on whose
behalf the registrant appears.
3. A listing of any direct business
associations or partnerships involving any current Legislator and the
registrant or any person by whom the registrant is retained or employed. The
listing must include any such association or partnership constituting a source
of income or involving a debt or interest in real estate required to be
disclosed in a statement of financial disclosure made by a candidate for public
office or a public officer pursuant to NRS
281.571.
4. The name of any current Legislator for
whom:
(a) The registrant; or
(b) Any person by whom the registrant is retained
or employed,
Ê has, in
connection with a political campaign of the Legislator, provided consulting,
advertising or other professional services since the beginning of the preceding
regular session.
5. A description of the principal areas of
interest on which the registrant expects to lobby.
6. If the registrant lobbies or purports
to lobby on behalf of members, a statement of the number of members.
7. A declaration under penalty of perjury
that none of the registrant’s compensation or reimbursement is contingent, in
whole or in part, upon the production of any legislative action.
(Added to NRS by 1975, 1171; A 1977, 1528; 1981, 1204;
1993, 2588;
2001, 1955;
2011, 3252)—(Substituted
in revision for NRS 218.920)
NRS 218H.220 Supplementary registration statement required upon change in
registration information.
1. Each person required to register shall
file a supplementary registration statement with the Director no later than 5
days after any change in the registrant’s last registration statement.
2. The supplementary registration
statement must include complete details concerning the changes that have
occurred.
(Added to NRS by 1975, 1172; A 1979,
1322)—(Substituted in revision for NRS 218.924)
NRS 218H.230 Notice required upon termination of lobbying activities; duty to
file report for final reporting period. Each
person required to register shall file a notice of termination within 30 days
after the registrant ceases the activity that required registration, but this
does not relieve the registrant of the reporting requirement for that reporting
period.
(Added to NRS by 1975, 1172)—(Substituted in revision
for NRS 218.922)
IDENTIFICATION BADGES
NRS 218H.300 Issuance by Director; different color for each classification;
requirement to wear in Legislative Building.
1. The Director shall furnish an
appropriate identification badge to each lobbyist who files a registration
statement under this chapter. The identification badge for each classification
of lobbyist set forth in NRS 218H.500 must be a
different color.
2. The identification badge must be worn
by the lobbyist whenever the lobbyist appears in the Legislative Building.
(Added to NRS by 1977, 1527; A 1979, 1323; 2011, 3673)—(Substituted
in revision for NRS 218.929)
REPORTS OF LOBBYING ACTIVITIES
NRS 218H.400 Duty to file; form; contents; itemization of expenditures;
audits and investigations.
1. Each registrant shall file with the
Director:
(a) Within 30 days after the close of a regular
or special session, a final report signed under penalty of perjury concerning
the registrant’s lobbying activities; and
(b) Between the 1st and 10th day of the month
after each month that the Legislature is in a regular or special session, a
report concerning the registrant’s lobbying activities during the previous
month, whether or not any expenditures were made.
2. Each report must:
(a) Be on a form prescribed by the Director; and
(b) Include the total of all expenditures, if
any, made by the registrant on behalf of a Legislator or an organization whose
primary purpose is to provide support for Legislators of a particular political
party and House, including expenditures made by others on behalf of the
registrant if the expenditures were made with the registrant’s express or
implied consent or were ratified by the registrant.
3. Except as otherwise provided in
subsection 6, the report:
(a) Must identify each Legislator and each
organization whose primary purpose is to provide support for Legislators of a
particular political party and House on whose behalf expenditures were made;
(b) Must be itemized with respect to each such
Legislator and organization; and
(c) Does not have to include any expenditure made
on behalf of a person other than a Legislator or an organization whose primary
purpose is to provide support for Legislators of a particular political party
and House, unless the expenditure is made for the benefit of a Legislator or
such an organization.
4. If expenditures made by or on behalf of
a registrant during the previous month exceed $50, the report must include a
compilation of expenditures, itemized in the manner required by the regulations
of the Legislative Commission, in the following categories:
(a) Entertainment;
(b) Expenditures made in connection with a party
or similar event hosted by the organization represented by the registrant;
(c) Gifts and loans, including money, services
and anything of value provided to a Legislator, to an organization whose
primary purpose is to provide support for Legislators of a particular political
party and House, or to any other person for the benefit of a Legislator or such
an organization; and
(d) Other expenditures directly associated with
legislative action, not including personal expenditures for food, lodging and
travel expenses or membership dues.
5. The Legislative Commission may
authorize an audit or investigation by the Legislative Auditor that is proper
and necessary to verify compliance with the provisions of this section. If the
Legislative Commission authorizes such an audit or investigation:
(a) A lobbyist shall make available to the
Legislative Auditor all books, accounts, claims, reports, vouchers and other
records requested by the Legislative Auditor in connection with any such audit
or investigation.
(b) The Legislative Auditor shall confine
requests for such records to those which specifically relate to the lobbyist’s
compliance with the reporting requirements of this section.
6. A report filed pursuant to this section
must not itemize with respect to each Legislator an expenditure if the
expenditure is the cost of a function to which every Legislator was invited.
For the purposes of this subsection, “function” means a party, meal or other
social event.
(Added to NRS by 1975, 1172; A 1977, 1529; 1979,
1322; 1987, 831;
1989, 1974;
1991, 2325;
1993, 2588;
1997, 3072;
1999, 930; 2011, 3252)—(Substituted
in revision for NRS 218.926)
NRS 218H.410 Fee for late filing; waivers and exemptions.
1. Except as otherwise provided in this
section, a registrant who files an activity report after the time provided in NRS 218H.400 shall pay to the Director a fee for late
filing of $10 for each day that it was late, but the Director may reduce or
waive this fee upon a finding of just cause.
2. Except as otherwise provided in this
subsection, the Legislative Commission may by regulation exempt a
classification of lobbyist from the fee for late filing. A veteran who does not
receive compensation for the veteran’s lobbying activities is exempt from the
fee for late filing if the veteran provides proof of the veteran’s discharge or
release from the Armed Forces of the United States, a reserve component thereof
or the National Guard under honorable conditions.
3. An activity report with respect to
which a late filing fee has been paid by the registrant or waived by the
Director shall be deemed timely filed, and the late filing is not a public
offense.
(Added to NRS by 1975, 1173; A 1979, 1324; 1989, 1976; 2003, 2093; 2009, 374)—(Substituted
in revision for NRS 218.940)
ADMINISTRATION AND ENFORCEMENT
NRS 218H.500 Regulations; fees; classification of lobbyists; forms;
accounting and reporting methods; filing system; public inspection; retention
of records; list of registrants.
1. The Legislative Commission shall adopt
regulations to carry out the provisions of this chapter.
2. The Legislative Commission may, except
as otherwise provided in this subsection, require fees for registration,
payable into the Legislative Fund. For the purposes of fees for registration,
the Legislative Commission shall classify lobbyists as follows:
(a) Except as otherwise provided in paragraph
(c), a lobbyist who receives any compensation for his or her lobbying
activities.
(b) Except as otherwise provided in paragraph (c)
or (d), a lobbyist who does not receive any compensation for his or her
lobbying activities.
(c) Except as otherwise provided in paragraph
(d), a lobbyist whose lobbying activities are only on behalf of one or more
nonprofit organizations that are recognized as exempt under section 501(c)(3)
of the Internal Revenue Code, 26 U.S.C. § 501(c)(3). Such a lobbyist is not
required to pay a fee of more than $100 for registration pursuant to this
subsection.
(d) A veteran who does not receive compensation
for the veteran’s lobbying activities and who provides proof of his or her
discharge or release from the Armed Forces of the United States, a reserve
component thereof or the National Guard under honorable conditions. Such a
lobbyist is not required to pay any fee for registration pursuant to this
subsection.
3. The Director shall:
(a) Prepare and furnish forms for the statements
and reports required to be filed.
(b) Prepare and publish uniform methods of
accounting and reporting to be used by persons required to file such statements
and reports, including guidelines for complying with the reporting requirements
of this chapter.
(c) Accept and file any information voluntarily
supplied that exceeds the requirements of this chapter.
(d) Develop a filing, coding and cross-indexing
system consistent with the purposes of this chapter.
(e) Make the statements and reports available for
public inspection during regular office hours.
(f) Preserve the statements and reports for a
period of 5 years from the date of filing.
(g) Compile and keep current an alphabetical list
of registrants, which must include each registrant’s address, the name and
address of each person for whom the registrant is lobbying and the principal
areas of interest on which the registrant expects to lobby. A copy of the list
must be furnished to each Legislator, to the clerks of the respective counties
for preservation and public inspection, and to any person who requests a copy
and pays the cost of reproduction.
(Added to NRS by 1975, 1173; A 1977, 1529; 1979,
1323; 1981, 1204; 1993, 2589; 2009, 373; 2010, 26th
Special Session, 86; 2011, 3253,
3673)—(Substituted
in revision for NRS 218.932)
NRS 218H.510 Inspection of registration statements and reports of lobbying
activities; notice of noncompliance.
1. The Director shall:
(a) Inspect each statement and report filed
within 10 days after its filing.
(b) Immediately notify the person who has filed:
(1) If the information filed does not
conform to law.
(2) If a written complaint has been filed
with the Director by any person alleging an irregularity or lack of truth as to
the information filed.
2. The Director may notify any person of
the filing requirement who the Director has reason to believe has failed to
file any statement or report as required.
(Added to NRS by 1975, 1172; A 1977, 1529; 1979,
1323; 1981, 1204)—(Substituted in revision for NRS 218.930)
NRS 218H.520 Publication of reports regarding lobbying activities; release of
name of noncomplying lobbyist; sanctions for noncompliance. The Director may:
1. Prepare and publish such reports
concerning lobbying activities as the Director deems appropriate.
2. Release to the public the name of any
lobbyist who fails to file any activity report within 14 days after the date it
is required to be filed.
3. Revoke the registration of any lobbyist
who fails to file any activity report within 30 days after the date it is required
to be filed or fails to file two or more activity reports within the time
required.
(Added to NRS by 1975, 1173; A 1979, 1324; 1989, 1975; 2003, 2092)—(Substituted
in revision for NRS 218.934)
NRS 218H.530 Investigations of irregularities and noncompliance; grounds and
procedure for suspension or revocation of registration; hearing and appeal;
renewal of registration after suspension or revocation.
1. The Director shall:
(a) Make investigations on the Director’s own
initiative with respect to any irregularities which the Director discovers in
the statements and reports filed and with respect to the failure of any person
to file a required statement or report and shall make an investigation upon the
written complaint of any person alleging a violation of any provision of this
chapter.
(b) Report suspected violations of law to the:
(1) Legislative Commission; and
(2) Attorney General, who shall
investigate and take any action necessary to carry out the provisions of this
chapter.
2. If an investigation by the Director
reveals a violation of any provision of this chapter by a lobbyist, the
Director may suspend the lobbyist’s registration for a specified period or
revoke the lobbyist’s registration. The Director shall cause notice of such
action to be given to each person who employs or uses the lobbyist.
3. A lobbyist whose registration is
suspended or revoked by the Director may:
(a) Request a hearing on the matter before the
Director;
(b) Appeal to the Legislative Commission from any
adverse decision of the Director; and
(c) If the lobbyist’s registration is suspended,
renew the lobbyist’s registration if the Legislature is still in a regular or
special session following the period of suspension.
4. A lobbyist whose registration is
revoked may, with the consent of the Director, renew the lobbyist’s
registration if the lobbyist:
(a) Files a registration statement in the form
required by NRS 218H.200;
(b) Pays any fee for late filing owed pursuant to
NRS 218H.410, plus the fee for registration
prescribed by the Legislative Commission; and
(c) If the revocation occurred because of the lobbyist’s
failure to file an activity report, files that report.
(Added to NRS by 1975, 1173; A 1979, 1324; 1989, 1975; 2011, 3254)—(Substituted
in revision for NRS 218.936)
NRS 218H.540 Injunctive relief. The
district courts may issue injunctions to enforce the provisions of this chapter
upon application by the Attorney General.
(Added to NRS by 1975, 1173)—(Substituted in revision
for NRS 218.938)
UNLAWFUL ACTS; PENALTIES
NRS 218H.900 Unlawful for lobbyist to misrepresent Legislator’s authorization
to request professional services from Legislative Counsel Bureau.
1. A lobbyist shall not:
(a) Indicate that the lobbyist has authorization
from a Legislator to request professional services from an employee of the
Legislative Counsel Bureau unless the lobbyist has such authority; or
(b) Misrepresent the scope of the authorization
that the lobbyist has from a Legislator to request professional services from
an employee of the Legislative Counsel Bureau.
2. As used in this section, “professional
services” means conducting legal, fiscal or policy research or analysis,
drafting a bill, resolution or amendment, or otherwise engaging in work for
which an employee is professionally trained or qualified.
(Added to NRS by 2003, 2529)—(Substituted
in revision for NRS 218.941)
NRS 218H.930 Unlawful acts involving lobbyists and lobbying.
1. A lobbyist shall not knowingly or
willfully make any false statement or misrepresentation of facts:
(a) To any member of the Legislative Branch in an
effort to persuade or influence the member in his or her official actions.
(b) In a registration statement or report concerning
lobbying activities filed with the Director.
2. A lobbyist shall not give to a member
of the Legislative Branch or a member of his or her staff or immediate family
gifts that exceed $100 in value in the aggregate in any calendar year.
3. A member of the Legislative Branch or a
member of his or her staff or immediate family shall not solicit anything of
value from a registrant or accept any gift that exceeds $100 in aggregate value
in any calendar year.
4. A person who employs or uses a lobbyist
shall not make that lobbyist’s compensation or reimbursement contingent in any
manner upon the outcome of any legislative action.
5. Except during the period permitted by NRS 218H.200, a person shall not knowingly act as a
lobbyist without being registered as required by that section.
6. Except as otherwise provided in
subsection 7, a member of the Legislative or Executive Branch of the State
Government and an elected officer or employee of a political subdivision shall
not receive compensation or reimbursement other than from the State or the
political subdivision for personally engaging in lobbying.
7. An elected officer or employee of a
political subdivision may receive compensation or reimbursement from any
organization whose membership consists of elected or appointed public officers.
8. A lobbyist shall not instigate the
introduction of any legislation for the purpose of obtaining employment to
lobby in opposition to that legislation.
9. A lobbyist shall not make, commit to
make or offer to make a monetary contribution to a Legislator, the Lieutenant
Governor, the Lieutenant Governor-elect, the Governor or the Governor-elect
during the period beginning:
(a) Thirty days before a regular session and
ending 30 days after the final adjournment of a regular session;
(b) Fifteen days before a special session is set
to commence and ending 15 days after the final adjournment of a special
session, if:
(1) The Governor sets a specific date for
the commencement of the special session that is more than 15 days after the
date on which the Governor issues the proclamation calling for the special
session pursuant to Section 9 of
Article 5 of the Nevada Constitution; or
(2) The members of the Legislature set a
date on or before which the Legislature is to convene the special session that
is more than 15 days after the date on which the Secretary of State receives
one or more substantially similar petitions signed, in the aggregate, by the
required number of members calling for the special session pursuant to Section 2A of Article 4 of the
Nevada Constitution; or
(c) The day after:
(1) The date on which the Governor issues
the proclamation calling for the special session and ending 15 days after the
final adjournment of the special session if the Governor sets a specific date
for the commencement of the special session that is 15 or fewer days after the
date on which the Governor issues the proclamation calling for the special
session; or
(2) The date on which the Secretary of
State receives one or more substantially similar petitions signed, in the
aggregate, by the required number of members of the Legislature calling for the
special session and ending 15 days after the final adjournment of the special
session if the members set a date on or before which the Legislature is to
convene the special session that is 15 or fewer days after the date on which
the Secretary of State receives the petitions.
(Added to NRS by 1975, 1173; A 1977, 1530; 1979,
1324; 1989,
1976; 1995,
824; 2003,
1727; 2011,
3255; 2013,
3752)—(Substituted in revision for NRS 218.942)
NRS 218H.960 Criminal penalties. A
person who is subject to any provision in NRS 218H.900
or 218H.930 and who violates or otherwise refuses
or fails to comply with the provision is guilty of a misdemeanor.
(Added to NRS by 1975, 1174; A 1989, 1977; 2011, 3255)—(Substituted
in revision for NRS 218.944)
