AB 110 — Revises the Nevada Lobbying Disclosure and Regulation Act. (BDR 17-900)

(ReprintedAssembly withBill amendmentsNo. adopted on February 25, 2021) FIRST REPRINT A.B.

110110–Assemblymen ASSEMBLYFrierson Band ILLNBrittney O.Miller CHAPTER..........

110–A SSEMBLYMEN FRIERSON AND B RITTNEY M ILLER FEBRUARY 10, 2021 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises the Nevada Lobbying Disclosure and Regulation Act.

(BDR 17-900) FISCAL NOTE:

EfEffect on the State:

No.:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

The Nevada Lobbying Disclosure and Regulation Act regulates lobbying before the Legislature and is administered by the Director of the Legislative CounselCounsele Bureau.

and (2) periodic reports concerning the registrant’s 218H.400)lobbying Theactivities Actduring also prohibits lobbyists from performing certain acts, whether, or not the Legislature is in a regular or special session,session. such as knowingly or willfully giving any gift to a member of the Legislative Branch or a member of his or her immediate family or otherwise directly or indirectly arranging, facilitating or serving as a conduit for such a gift.

(NRS 218H.930)218H.080, Lobbyists218H.200, have218H.400) The Act also prohibits lobbyists from performing certain acts, whether or not the Legislature is in a dutyregular or special session, such as knowingly or willfully giving any gift to a member of the Legislative Branch or a member of his or her immediate family or otherwise directly or indirectly arranging, facilitating or comply with the gift prohibitions in NRS 218H.930 and any other applicable to requirements set forth in the Act at all times, whether or not the Legislature is in a regular or special session and whether or not the lobbyists have filed a registration statement with the Director.

(Chapter 218H of NRS)lobbyistsNRS) have filed a registration Under the Act, a person is a “lobbyist” and subject to the provisions of the Act if the person:

(NRS 218H.080) Section 2 ofBuilding thisor billother removesbuilding where the criteriaLegislature or its committees hold meetings.tive Section 2 also adds an exception providing that thea person“lobbyist” appeardoes innot personinclude inpersons thewho Legislativeconfine -their *AB110_R1*lobbying –activities 2to –communicating Buildingdirectly with one or othermore buildingmembers whereof the LegislatureLegislative Branch only on an infrequent or itsirregular committeesbasis holdand meetings.who do not otherwise engage in any lobbying activities, unless those persons engage in a pattern of conduct that is substantially similar to engaging in lobbying activities on a recurrent or regular basis.

Section 2 also adds an exception providing that a “lobbyist” does not include persons who confine their lobbying activities to communicating directly with one or more members of the Legislative Branch only on an infrequent or irregular basis engage in a pattern of conduct that is substantially similar to engaging in lobbying activities on a recurrent or regular basis.

However, because the Act also prohibits lobbyists from performing certain acts, whether or not the Legislature is in a regular or special session, this bill does not change the duty of lobbyists to comply with the giftgiftal prohibitions in NRS 218H.930 and any other applicable requirements set forth in the Act at all times, whether or not the Legislature is in a regular or special session and whether or not the lobbyists have filed a registration statement with the Director.

Section 3 of this bill applies during the 81st Legislative Session and requires a person who, on or after the effective date of this bill, qualifies as a lobbyist under section- 81st Session (2021) – 2 to:– effective date of this bill, or not later than 2 days after the beginning of the person’s lobbying activity as currently required under existing law, whichever date is later;

(1) file a registration statement not later than 14 days after the lobbying activity as currently required under existing law, whichever date is later;son’s and (2) include in his or her first report concerning lobbying activity filed with the Director a report concerning lobbying activities during the period beginning on February 1, 2021, and ending on the effective date of this bill.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

(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.

- *AB110_R1* – 3 – (c) Employees of departments, divisions or agencies of the state government who appear before legislative committees only to explain the effect of legislation or any other legislative action related to their departments, divisions or agencies.

- 81st Session (2021) – 3 – (g) Persons who are clients of a lobbyist, unless those persons engage in any activities that independently meet the definition of “lobbyist” set forth in subsection 1.

(h) Persons who confine their lobbying activities to communicating directly with one or more members of the Legislative Branch only on an infrequent or irregular basis and who do not otherwise engage in any lobbying activities, unless those persons engage in a pattern of conduct that is substantially similar to engaging in lobbying activities on a recurrent or regular basis.

NRS 218H.930 is hereby amended to read as follows:fol218H.930 1.

218H.930 1.

- *AB110_R1* – 4 – (b) In a registration statement or report concerning lobbying activities filed with the Director.

- 81st Session (2021) – 4 – 4.

Except during the period permitted by NRS 218H.200, a person shall not knowingly act as a lobbyist during a regular or special session without being registered as required by that section, unless the person qualifies for an exemption or exception from the requirements to register as a lobbyist pursuant to any regulations adopted in accordance with NRS 218H.500.

During the 81st Session of the Nevada Legislature, any person who, on or after the effective date of this act, qualifies as a lobbyist pursuant to NRS 218H.080, as amended by section 2 of thisthisas a act, must:

File a registration statement pursuant to NRS 218H.200, as amended by section 2.3 of this act, not later than 14 days after the effective date of this act, or not later than 2 days after the beginning of the person’s lobbying activity as set forth in NRS 218H.200, as - *AB110_R1* – 5 – amended by section 2.3 of this act, whichever date is later, unless the person qualifies for an exemption or exception from the requirements to register as a lobbyist pursuant to any regulations adopted in accordance with NRS 218H.500.

- 81st Session (2021) – 5 – Sec.

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