Assembly Bill No. 611–Committee on Elections,
Procedures, and Ethics

March 18, 1999

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Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Revises provisions governing financial disclosure statements of certain public and judicial officers. (BDR 23-1590)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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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 provisions governing the financial disclosure statements of certain public and judicial officers; 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 281.561 is hereby amended to read as follows:

1-2 281.561 [Every]

1-3 1. Except as otherwise provided in subsection 2 or 3, if a candidate

1-4 for public or judicial office [and every] or a public or judicial officer is

1-5 entitled to receive compensation for serving in the office in question, he

1-6 shall file with the commission, and with the officer with whom

1-7 declarations of candidacy for [his respective] the office in question are

1-8 filed, a statement of financial disclosure, as follows:

1-9 [1.] (a) A candidate for nomination, election or reelection shall file a

1-10 statement of financial disclosure no later than the 10th day after the last

1-11 day to qualify as a candidate for the office.

1-12 [2.] (b) A public or judicial officer appointed to fill the unexpired term

1-13 of an elected public or judicial officer shall file a statement of financial

1-14 disclosure within 30 days after his appointment.

1-15 [3.] (c) Every public or judicial officer, whether appointed or elected,

1-16 shall file a statement of financial disclosure on or before March 31 of each

1-17 year of the term, including the year the term expires.

2-1 [4.] (d) A public or judicial officer who leaves office on a date other

2-2 than the expiration of his term or anniversary of his appointment or

2-3 election, shall file a statement of financial disclosure within 60 days after

2-4 leaving office.

2-5 2. A statement filed pursuant to one of the [subsections of this section]

2-6 paragraphs of subsection 1 may be used to satisfy the requirements of

2-7 another paragraph of subsection 1 if the initial statement was filed

2-8 [within] not more than 3 months before the other statement is required to

2-9 be filed. The public or judicial officer shall notify the commission in

2-10 writing of his intention to use the previously filed statement to fulfill the

2-11 present requirement.

2-12 3. If a person is serving in a public or judicial office for which he is

2-13 required to file a statement pursuant to subsection 1, he may use the

2-14 statement he files for that initial office to satisfy the requirements of

2-15 subsection 1 for every other public or judicial office in which he is also

2-16 serving. The person shall notify the commission in writing of his

2-17 intention to use the statement for the initial office to fulfill the

2-18 requirements of subsection 1 for every other office.

2-19 4. A person may satisfy the requirements of [this section] subsection 1

2-20 by filing with the commission a copy of a statement of financial disclosure

2-21 [which] that was filed pursuant to the requirements of a specialized or

2-22 local ethics committee if the form of the statement has been approved by

2-23 the commission.

2-24 Sec. 2. NRS 281.571 is hereby amended to read as follows:

2-25 281.571 1. Statements of financial disclosure, as approved pursuant

2-26 to NRS 281.541 or in such form as the commission otherwise prescribes,

2-27 must contain the following information concerning the candidate or public

2-28 or judicial officer:

2-29 (a) His length of residence in the State of Nevada and the district in

2-30 which he is registered to vote.

2-31 (b) Each source of his income, [or] and that of any member of his

2-32 household [. No] , including, without limitation, a listing of individual

2-33 clients, customers [or patients is required, but if that is the case, a general

2-34 source such as "professional services" must be disclosed.] and patients

2-35 who provided him, any member of his household or any business entity

2-36 required to be disclosed pursuant to paragraph (f) with not less than

2-37 $10,000 of net income. This paragraph does not require the disclosure of

2-38 information if the information is privileged against disclosure by law or

2-39 pursuant to the ethical standards of a professional association.

2-40 (c) A list of the specific location and particular use of real estate, other

2-41 than a personal residence:

2-42 (1) In which he or a member of his household has a legal or

2-43 beneficial interest;

3-1 (2) Whose fair market value is $2,500 or more; and

3-2 (3) That is located in this state or an adjacent state.

3-3 (d) The name of each creditor to whom he or a member of his

3-4 household owes $5,000 or more, except for:

3-5 (1) A debt secured by a mortgage or deed of trust of real property

3-6 which is not required to be listed pursuant to paragraph (c); and

3-7 (2) A debt for which a security interest in a motor vehicle for

3-8 personal use was retained by the seller.

3-9 (e) If the candidate or public or judicial officer has received gifts in

3-10 excess of an aggregate value of $200 from a donor during the preceding

3-11 taxable year, a list of all such gifts, including the identity of the donor and

3-12 value of each gift, except:

3-13 (1) A gift received from a person who is related to the candidate or

3-14 public or judicial officer within the third degree of consanguinity or

3-15 affinity.

3-16 (2) Ceremonial gifts received for a birthday, wedding, anniversary,

3-17 holiday or other ceremonial occasion if the donor does not have a

3-18 substantial interest in the legislative, administrative, judicial or political

3-19 action of the candidate or public or judicial officer.

3-20 (f) A list of each business entity with which he or a member of his

3-21 household is involved as a trustee, beneficiary of a trust, director, officer,

3-22 owner in whole or in part, limited or general partner, or holder of a class of

3-23 stock or security representing 1 percent or more of the total outstanding

3-24 stock or securities issued by the business entity.

3-25 (g) A list of all public offices presently held by him for which this

3-26 statement of financial disclosure is required.

3-27 (h) The name of each member of his household.

3-28 2. The commission shall distribute or cause to be distributed the forms

3-29 required for such a statement to each candidate and public or judicial

3-30 officer who is required to file one. The commission is not responsible for

3-31 the costs of producing or distributing a form for filing statements of

3-32 financial disclosure which is prescribed pursuant to subsection 1 of NRS

3-33 281.541.

3-34 3. As used in this section:

3-35 (a) "Business entity" means an organization or enterprise operated for

3-36 economic gain, including a proprietorship, partnership, firm, business,

3-37 trust, joint venture, syndicate, corporation or association.

3-38 (b) "Household" includes:

3-39 (1) The spouse of the candidate or public or judicial officer;

3-40 (2) A person who does not live in the same home or dwelling, but

3-41 who is dependent on and receiving substantial support from the candidate

3-42 or public or judicial officer; and

4-1 [(2)] (3) A person who lived in the home or dwelling of the candidate

4-2 or public or judicial officer for 6 months or more in the year immediately

4-3 preceding the year in which the candidate or public or judicial officer files

4-4 the statement of financial disclosure.

4-5 Sec. 3. NRS 281.581 is hereby amended to read as follows:

4-6 281.581 1. A candidate or public or judicial officer who fails to file

4-7 his statement of financial disclosure in a timely manner pursuant to NRS

4-8 281.561 is subject to a civil penalty and payment of court costs and

4-9 attorney’s fees. The amount of the civil penalty is:

4-10 [1.] (a) If the statement is filed not more than 7 days late, $25 for each

4-11 day the statement is late.

4-12 [2.] (b) If the statement is filed more than 7 days late but not more than

4-13 15 days late, $175 for the first 7 days, plus $50 for each additional day the

4-14 statement is late.

4-15 [3.] (c) If the statement is filed more than 15 days late, $575 for the first

4-16 15 days, plus $100 for each additional day the statement is late.

4-17 2. The commission may, for good cause shown, waive or reduce the

4-18 civil penalty.

4-19 3. The civil penalty must be recovered in a civil action brought in the

4-20 name of the State of Nevada by the commission in a court of competent

4-21 jurisdiction and deposited with the state treasurer for credit to the state

4-22 general fund.

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