AB260

Assembly Bill No. 260–Committee on Government Affairs

(On Behalf of Lander County)

February 16, 1999

____________

Referred to Committee on Government Affairs

SUMMARY—Revises definition of "public officer" for purposes of provisions governing ethics. (BDR 23-638)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

AN ACT relating to ethics in government; revising the definition of "public officer" to exclude a county health officer; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 281.4365 is hereby amended to read as follows:

1-2 281.4365 1. "Public officer" means a person elected or appointed to

1-3 a position which is established by the constitution of the State of Nevada, a

1-4 statute of this state or an ordinance of any of its counties or incorporated

1-5 cities and which involves the exercise of a public power, trust or duty. As

1-6 used in this section, "the exercise of a public power, trust or duty"

1-7 includes:

1-8 (a) Actions taken in an official capacity which involve a substantial and

1-9 material exercise of administrative discretion in the formulation of public

1-10 policy;

1-11 (b) The expenditure of public money; and

1-12 (c) The enforcement of laws and rules of the state, a county or a city.

1-13 2. "Public officer" does not include:

1-14 (a) Any justice, judge or other officer of the court system;

1-15 (b) A commissioner of deeds;

1-16 (c) Any member of a board, commission or other body whose function

1-17 is advisory; [~~or]~~

2-1 (d) Any member of a board of trustees for a general improvement

2-2 district or special district whose official duties do not include the

2-3 formulation of a budget for the district or the authorization of the

2-4 expenditure of the district’s money [.] ; or

2-5 (e) A county health officer appointed pursuant to NRS 439.290.

2-6 Sec. 2. This act becomes effective upon passage and approval.