Thursday, May 15, 2003 | 11:25 a.m.
A government watchdog group says Nevada and 26 other states are failing to tell the public enough about who is paying lobbyists and which lawmakers they are wining and dining to try to shape laws.
In a report released today by the nonprofit Center for Public Integrity, Nevada was among 27 states that received failing grades for lobbyist disclosure requirements.
The center gave Nevada only 53 of a possible 100 points for lobbyist requirements, ranking it 37th out of the 50 states. Washington came out on top with 87 points, while Pennsylvania was ranked last with no points. All scores under 60 points were considered failing grades.
Nevada lost out on 20 possible points in one category -- individual spending disclosures -- because the Washington-based center found that there were no requirements for lobbyists to report their salaries, separate their spending by category or identify the recipient or date of expenditures.
Nevada also received no points in another category because the state does not require lobbyists' employers to file legislative spending reports.
The Nevada Legislature has made some attempts to reduce lobbyist influence, prohibiting lobbyists from being on the Senate and Assembly floors while they are in session, for example, Jim Hulse, state chairman of government watchdog Common Cause of Nevada, said.
But Hulse, a retired University of Nevada, Reno, history professor, agreed with the center's conclusion that Nevada still has a long way to go when it comes to lobbyist disclosure.
"One of the biggest problems we have is that lobbyists work year-round, but they're only required to report for the four months the Legislature is in session," Hulse said. "There are interim committees working between sessions and obviously lobbyist contacts go on at that time."
As of last year Nevada had 807 registered lobbyists, according to the center. That was the 18th highest number of lobbyists, even though Nevada is only the nation's 35th most populous state.
The organization also found that Nevada was one of only 11 states that did not compile lobbyist spending totals last year. The Nevada Legislature had only a four-day special session in 2002.
Lobbyists and their employers in 39 states spent a total of more than $715 million in attempts to influence state lawmakers last year, the center reported.
But curiously the Silver State's reports showed only $11,883 in lobbyist spending on lawmakers in 2001, the lowest total among the 38 states that compiled that data that year.
"Lobbyists aren't treating the lawmakers as much as before because the lawmakers are paying their own way," Paul Brown, Southern Nevada director of the Progressive Leadership Alliance of Nevada, said. "The lawmakers are probably paying for meals with campaign contribution cash. I think that's what's going on."
Nevada received perfect scores from the center for enforcement of lobbying laws and for electronic filing of lobbyist reports, earning a combined 18 points in those categories. But the state earned only nine of a possible 29 points for individual spending disclosure requirements, eight of 20 possible points for public access to records, four of a possible seven points for definition of a lobbyist and 14 of 19 points for individual registration requirements.
Although Brown's organization lobbies on behalf of organized labor, women's groups, disabled individuals and minorities it favors more disclosure from lobbyists, he said.
"The more transparency there is the better off we are," Brown said. "This is a tough test to pass and we didn't make it. I would like to see better disclosure of how many people are lobbying for an organization and if they have key lobbyists."
Lorne Malkiewich, director of Nevada's Legislative Counsel Bureau, which registers lobbyists, said some of the survey's criticisms were valid but others were inaccurate.
Malkiewich said it is true that lobbyist salaries are not required to be reported in Nevada, at least for those individuals who represent the private sector. But local governments such as Clark County and municipalities typically use their own employees as lobbyists and he said he understood those salaries to be public record available through those agencies.
"We do not require disclosure of salaries," Malkiewich said. "That's just a policy decision."
He also said the report inaccurately concluded that lobbyists are not required to separate their spending by category or identify lawmakers who are recipients. The center believes that all spending should be itemized by category, such as gifts, entertainment and postage.
Malkiewich said all spending in Nevada that exceeds $50 a month must be broken down by category and that all lawmakers who are recipients must be listed individually regardless of the amount involved.
He said he agreed with the survey's conclusion that campaign contributions from lobbyists are legal in this state but not required to be disclosed on lobbyist spending reports. But he said campaign contributions are filed separately with the Secretary of State's office.
On issues of public access, Nevada rated poorly in part because lobbyist reports are not available via computer.
"That is something we need to do," Malkiewich said. "It's just a matter of priorities and something I will commit to doing before the next legislative session."
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