Senate Amendment to Senate Bill No. 478 (BDR 23-1671)
Proposed by: Committee on Government Affairs
Amendment Box:
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend sec. 7, page 3, line 8, by deleting "
1.".Amend sec. 7, page 3, by deleting lines 16 through 22.
Amend the bill as a whole by adding a new section designated sec. 8.5, following sec. 8, to read as follows:
"Sec. 8.5. NRS 281.421 is hereby amended to read as follows:
281.421 1. It is hereby declared to be the public policy of this state that:
(a) A public office is a public trust and shall be held for the sole benefit of the people.
(b) A public officer or employee must commit himself to avoid conflicts between his private interests and those of the general public whom he serves.
2. The legislature finds that:
(a) The increasing complexity of state and local government, more and more closely related to private life and enterprise, enlarges the potentiality for conflict of interests.
(b) To enhance the people’s faith in the integrity and impartiality of public officers and employees, adequate guidelines are required to show the appropriate separation between the roles of persons who are both public servants and private citizens.
(c) Members of the legislature serve as "citizen legislators" who have other occupations and business interests. Each legislator has particular philosophies and perspectives that are necessarily influenced by the life experiences of that legislator, including, without limitation, professional, family and business experiences. Our system assumes that legislators will contribute those philosophies and perspectives to the debate over issues with which the legislature is confronted. The law concerning ethics in government is not intended to require a member of the legislature to abstain on issues which might affect his interests, provided those interests are properly disclosed and that the benefit or detriment accruing to him is not greater than that accruing to any other member of the general business, profession, occupation or group.".
Amend sec. 14, page 6, by deleting lines 18 through 22 and inserting:
"2. The commission, upon majority vote, may issue a subpoena to compel the
attendance of a witness and the production of books and papers. Upon the request of the executive director or the public officer or public employee who is the subject of a request for an opinion, the chairman or, in his absence, the vice chairman, may issue a subpoena to compel the attendance of a witness and the production of books and papers.3. Before".
Amend sec. 14, page 6, by deleting lines 35 and 36 and inserting:
"
4. Each written request submitted by the executive director pursuant to subsection 3 must specify the time and place for the attendance ofAmend sec. 14, page 7, line 4, by deleting "3." and inserting "
Amend sec. 14, page 7, line 16, by deleting "4." and inserting "
Amend sec. 14, page 7, line 27, by deleting "5." and inserting "
Amend sec. 15, page 7, line 34, by deleting:
"member of the legislative branch" and inserting:
"
Amend sec. 15, page 7, line 40, by deleting:
"member of the legislative branch" and inserting:
"
Amend sec. 15, page 8, by deleting lines 20 and 21 and inserting:
"without disclosing
Amend sec. 15, page 8, by deleting line 32 and inserting:
"4. If a
Amend sec. 15, page 8, line 37, after "committee." by inserting:
"
A public officer has a duty to vote upon a matter unless he makes the disclosure required pursuant to subsection 3.".Amend sec. 15, page 8, line 38, by deleting:
"member of the legislative branch" and inserting:
"
Amend sec. 15, page 9, line 10, after "
7." by inserting:"
The provisions of this section do not, under any circumstances:(a) Prohibit a member of the legislative branch from requesting or introducing a legislative measure; or
(b) Require a member of the legislative branch to take any particular action before or while requesting or introducing a legislative measure.
8.".
Amend sec. 15, page 9, by deleting lines 16 through 18 and inserting:
"
(d) With whom he has a substantial and continuing business relationship; or(e) Any other commitment or relationship that is substantially similar to a commitment or relationship described in this subsection.".
Amend sec. 16, page 9, line 37, by deleting "Upon" and inserting:
"
Amend sec. 16, page 10, by deleting lines 17 through 22 and inserting:
"
The commission shall not
3. The commission shall] render an opinion interpreting the statutory ethical standards or apply those standards to a given set of facts and circumstances if the request is submitted by a person who is incarcerated in a correctional facility in this state.".
Amend sec. 16, page 12, line 9, after "7." by inserting:
"Except as otherwise provided in paragraphs (a) and (b), the proceedings of a panel are confidential until the panel determines whether there is just and sufficient cause to render an opinion. A person who:
(a) Requests an opinion from the commission pursuant to paragraph (b) of subsection 2 may:
(1) At any time, reveal to a third party the alleged conduct of a public officer or employee underlying the request that he filed with the commission or the substance of testimony, if any, that he gave before the commission.
(2) After the panel determines whether there is just and sufficient cause to render an opinion in the matter, reveal to a third party the fact that he requested an opinion from the commission.
(b) Gives testimony before the commission may:
(1) At any time, reveal to a third party the substance of testimony that he gave before the commission.
(2) After the panel determines whether there is just and sufficient cause to render an opinion in the matter, reveal to a third party the fact that he gave testimony before the commission.
8.".
Amend sec. 16, page 12, line 19, by deleting "
8." and inserting "9.".Amend sec. 16, page 12, line 27, by deleting "
9." and inserting "10.".Amend sec. 16, page 12, by deleting line 32 and inserting:
"
12. For the purposes of NRS 41.032, the members of the".
Amend sec. 16, page 12, line 40, by deleting "
11." and inserting "13.".Amend the bill as a whole by adding a new section designated sec. 19.5, following sec. 19, to read as follows:
"Sec. 19.5. NRS 281.581 is hereby amended to read as follows:
1. Except as otherwise provided in this section, a
candidate or public or judicial officer who fails to file his statement of financial disclosure in a timely manner pursuant to NRS 281.561 is subject to a civil penalty and payment of court costs and attorney’s fees. The amount of the civil penalty is:
[
2. A
civil penalty imposed pursuant to subsection 1 must be recovered in a civil action brought in the name of the State of Nevada by the commission in a court of competent jurisdiction and deposited with the state treasurer for credit to the state general fund.3. For good cause shown, the commission may waive a civil penalty that would otherwise be imposed pursuant to subsection 1. If the commission waives a civil penalty pursuant to this subsection, the commission shall:
(a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and
(b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.".
Amend the bill as a whole by deleting sections 22 through 27, renumbering sec. 28 as sec. 25 and adding new sections designated sections 22 through 24, following sec. 21, to read as follows:
"Sec. 22. NRS 294A.345 is hereby amended to read as follows:
(a) The education or training of the candidate.
(b) The profession or occupation of the candidate.
(c) Whether the candidate committed, was indicted for committing or was convicted of committing a felony or other crime involving moral turpitude, dishonesty or corruption.
(d) Whether the candidate has received treatment for a mental illness.
(e) Whether the candidate was disciplined while serving in the military or was dishonorably discharged from service in the military.
(f) Whether another person endorses or opposes the candidate.
(g) The record of voting of a candidate if he formerly served or currently serves as a public officer.
2. A person shall not, with actual malice and the intent to impede the success of a campaign for the passage or defeat of a question on the ballot at any election, including any recall or special election, cause to be published a false statement of fact concerning the question on the ballot.
3. Any candidate who alleges that a false statement of fact concerning the candidate has been published in violation of subsection 1, and any person or group of persons that advocates the passage or defeat of a question on the ballot at any election, is required to file a report pursuant to NRS 294A.150, and alleges that a false statement of fact has been published in violation of subsection 2, may file a request for an opinion with the commission on ethics pursuant to NRS 281.411 to 281.581, inclusive
.4. A person who violates the provisions of this section is subject to a civil penalty that may be imposed by the commission on ethics pursuant to NRS 281.551.
5. As used in this section:
(a) "Actual malice" means knowledge of the falsity of a statement or reckless disregard for whether a statement is true or false.
(b) "Publish" means the act of printing, posting, broadcasting, mailing, speaking or otherwise disseminating.
Sec. 23. NRS 294A.346 is hereby amended to read as follows:
2. A person shall not willfully, to impede the success of the campaign of a candidate, offer or give an item of value to:
(a) A person to induce him to obtain a position as an employee, agent or volunteer for that campaign and perform any act in the course of his employment, agency or volunteering to impede the success of that campaign; or
(b) An employee, agent or volunteer for that campaign to induce him to perform any act in the course of his employment, agency or volunteering to impede the success of that campaign.
3. An employee, agent or volunteer of a campaign for the passage or defeat of a question on the ballot at any election, including any recall or special election, shall not willfully perform any act in the course of his employment, agency or volunteering that impedes the success of that campaign.
4. A person shall not willfully, to impede the success of a campaign for the passage or defeat of a question on the ballot at any election, including any recall or special election, offer or give an item of value to:
(a) A person to induce him to obtain a position as an employee, agent or volunteer for that campaign and perform any act in the course of his employment, agency or volunteering to impede the success of that campaign; or
(b) An employee, agent or volunteer for that campaign to induce him to perform any act in the course of his employment, agency or volunteering to impede the success of that campaign.
5. Any candidate who alleges that a person has violated the provisions of subsection 1 or 2, and any person or group of persons that advocates the passage or defeat of a question on the ballot at any election, is required to file a report pursuant to NRS 294A.150, and alleges that a person has violated the provisions of subsection 3 or 4, may file a request for an opinion with the commission on ethics pursuant to NRS 281.411 to 281.581, inclusive
.6. A person who violates the provisions of this section is subject to a civil penalty that may be imposed by the commission on ethics pursuant to NRS 281.551.
Sec. 24. NRS 294A.420 is hereby amended to read as follows:
2. Except as otherwise provided in this section, a person or entity that violates an applicable provision of NRS 294A.112, 294A.120, 294A.130, 294A.140, 294A.150, 294A.160, 294A.170, 294A.180, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.300, 294A.310, 294A.320 or 294A.360 is subject to a civil penalty of not more than $5,000 for each violation and payment of court costs and attorney’s fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the secretary of state in the first judicial district court and deposited with the state treasurer for credit to the state general fund.
3. If a civil penalty is imposed because a person or entity has reported its contributions, expenses or expenditures after the date the report is due, the amount of the civil penalty is:
(a) If the report is not more than 7 days late, $25 for each day the report is late.
(b) If the report is more than 7 days late but not more than 15 days late, $50 for each day the report is late.
(c) If the report is more than 15 days late, $100 for each day the report is late.
4. For good cause shown, the secretary of state may waive a civil penalty that would otherwise be imposed pursuant to this section. If the secretary of state waives a civil penalty pursuant to this subsection, the secretary of state shall:
(a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and
(b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.
".Amend the title of the bill to read as follows:
"AN ACT relating to state government; authorizing the commission to appoint an executive director and commission counsel and providing their duties; clarifying the intent of the legislature with respect to the Nevada Ethics in Government Law; increasing the number of members of the commission; authorizing the chairman of the commission to issue subpoenas in certain circumstances; revising the provisions relating to requests for opinions by the commission and the manner in which determinations of just and sufficient cause to render such opinions are made; revising the provisions relating to the confidentiality of persons who request an opinion by or provide testimony to the commission; authorizing the commission to take testimony by telephone or video conference in certain circumstances; revising the civil penalties for willful violations of ethical provisions; revising the penalties for certain crimes; authorizing the commission and the secretary of state to waive certain civil penalties in certain circumstances; and providing other matters properly relating thereto.".