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).

1-1 Section 1. Chapter 281 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 8, inclusive, of this act.

1-3 Sec. 2. "Executive director" means the executive director appointed

1-4 by the commission pursuant to section 5 of this act.

1-5 Sec. 3. "Panel" means the panel appointed by the commission

1-6 pursuant to section 8 of this act.

1-7 Sec. 4. "Willful violation" means the public officer or employee

1-8 knew or reasonably should have known that his conduct violated this

1-9 chapter.

1-10 Sec. 5. 1. The commission shall appoint, within the limits of

1-11 legislative appropriation, an executive director and commission counsel

1-12 who shall perform the duties set forth in this chapter and such other

1-13 duties as may be prescribed by the commission.

2-1 2. The executive director must have experience in administration,

2-2 law enforcement, investigations or law.

2-3 3. The commission counsel must be an attorney who is licensed to

2-4 practice law in this state.

2-5 4. The executive director and commission counsel are in the

2-6 unclassified service of the state.

2-7 5. Except as otherwise provided in NRS 284.143, the executive

2-8 director and commission counsel shall devote their entire time and

2-9 attention to the business of the commission and shall not pursue any

2-10 other business or occupation or hold any other office of profit that

2-11 detracts from the full and timely performance of their duties.

2-12 6. The executive director and commission counsel may not:

2-15 (b) Communicate directly or indirectly with a member of the

2-16 legislative branch on behalf of someone other than himself to influence

2-17 legislative action, except in pursuit of the business of the commission.

2-18 Sec. 6. 1. In addition to any other duties imposed upon him, the

2-19 executive director shall:

2-20 (a) Maintain complete and accurate records of all transactions and

2-21 proceedings of the commission.

2-22 (b) Receive requests for opinions pursuant to NRS 281.511, 294A.345

2-23 or 294A.346.

2-24 (c) Gather information and conduct investigations regarding requests

2-25 for opinions received by the commission and submit recommendations to

2-26 the panel appointed pursuant to section 8 of this act regarding whether

2-27 there is just and sufficient cause to render an opinion in response to a

2-28 particular request.

2-29 (d) Recommend to the commission any regulations or legislation that

2-30 he considers desirable or necessary to improve the operation of the

2-31 commission and maintain high standards of ethical conduct in

2-32 government.

2-33 (e) Upon the request of any public officer or the employer of a public

2-34 employee, conduct training on the requirements of this chapter, the rules

2-35 and regulations adopted by the commission and previous opinions of the

2-36 commission. In any such training, the executive director shall emphasize

2-37 that he is not a member of the commission and that only the commission

2-38 may issue opinions concerning the application of the statutory ethical

2-39 standards to any given set of facts and circumstances. The commission

2-40 shall charge a reasonable fee to cover the costs of training provided by

2-41 the executive director pursuant to this subsection.

2-42 (f) Perform such other duties, not inconsistent with law, as may be

2-43 required by the commission.

3-1 2. The executive director shall, within the limits of legislative

3-2 appropriation, employ such persons as are necessary to carry out any of

3-3 his duties relating to:

3-4 (a) The administration of the affairs of the commission;

3-5 (b) The review of statements of financial disclosure; and

3-6 (c) The investigation of matters under the jurisdiction of the

3-7 commission.

3-8 Sec. 7. 1. Every public officer shall acknowledge that he has

3-9 received, read and understands the statutory ethical standards. The

3-10 acknowledgment must be on a form prescribed by the commission and

3-11 must accompany the first statement of financial disclosure that the public

3-12 officer is required to file with the commission pursuant to NRS 281.561.

3-13 Willful refusal to execute and file the acknowledgment required by this

3-14 subsection constitutes nonfeasance in office and is a ground for removal

3-15 pursuant to NRS 283.440.

3-16 2. Every public employee shall acknowledge that he has received,

3-17 read and understands the statutory ethical standards. The

3-18 acknowledgment must be on a form prescribed by the commission and

3-19 filed by the public employee with the commission within 30 days after the

3-20 date on which his employment commences. Failure of a public employee

3-21 to execute and file the acknowledgment required by this section

3-22 constitutes grounds for termination of his employment.

3-23 Sec. 8. 1. The chairman shall appoint one or more panels of two

3-24 members of the commission on a rotating basis to review the

3-25 determinations of just and sufficient cause made by the executive

3-26 director pursuant to NRS 281.511 and make a final determination

3-27 regarding whether just and sufficient cause exists for the commission to

3-28 render an opinion.

3-29 2. The chairman and vice chairman of the commission may not serve

3-30 together on a panel.

3-31 3. The members of a panel may not be members of the same political

3-32 party.

3-33 4. If a panel finds just and sufficient cause for the commission to

3-34 render an opinion in a matter, the members of the panel shall not

3-35 participate in any further proceedings of the commission relating to that

3-36 matter.

3-37 Sec. 9. NRS 281.431 is hereby amended to read as follows:

3-38 281.431 As used in NRS 281.411 to 281.581, inclusive, and sections 2

3-41 3 and 4 of this act have the meanings ascribed to them in those sections.

4-1 Sec. 10. NRS 281.455 is hereby amended to read as follows:

4-2 281.455 1. The commission on ethics, consisting of [six] eight

4-30 serve no more than two consecutive full terms.

4-31 Sec. 11. NRS 281.461 is hereby amended to read as follows:

4-43 and travel expenses provided for state officers and employees generally.

5-1 4. [The commission shall, within the limits of legislative appropriation,

5-2 employ such persons as are necessary to carry out any of its duties relating

5-3 to:

5-4 (a) The administration of its affairs;

5-5 (b) The review of statements of financial disclosure; and

5-6 (c) The investigation of matters under its jurisdiction.

5-7 5.] The commission may, within the limits of legislative appropriation,

5-8 maintain such facilities as are required to carry out its functions.

5-9 Sec. 12. NRS 281.465 is hereby amended to read as follows:

5-10 281.465 1. The commission has jurisdiction to investigate and take

5-28 of the alleged violation.

5-29 Sec. 13. NRS 281.471 is hereby amended to read as follows:

5-30 281.471 The commission shall:

5-41 noncompliance with the requirements [for disclosure.] of this chapter.

6-1 5. Recommend to the legislature such further legislation as the

6-2 commission considers desirable or necessary to promote and maintain high

6-3 standards of ethical conduct in government.

6-4 6. Publish a manual for the use of public officers and employees that

6-5 contains:

6-6 (a) Hypothetical opinions which are abstracted from opinions

6-7 rendered pursuant to subsection 1 of NRS 281.511, for the future

6-8 guidance of all persons concerned with ethical standards in government;

6-9 (b) Abstracts of selected opinions rendered pursuant to subsection 2 of

6-10 NRS 281.511; and

6-11 (c) An abstract of the requirements of this chapter.

6-12 The legislative counsel shall prepare annotations to this chapter for

6-13 inclusion in the Nevada Revised Statutes based on the abstracts and

6-14 published opinions of the commission.

6-15 Sec. 14. NRS 281.475 is hereby amended to read as follows:

6-16 281.475 1. The chairman and vice chairman of the commission may

6-43 may issue the subpoena. Failure of the public officer or public employee

7-1 to comply with the written request of the executive director constitutes

7-2 good cause for extension of the time set forth in subsections 3 and 4 of

7-3 NRS 281.511.

7-4 3. If any witness refuses to attend, testify or produce any books and

7-5 papers as required by the subpoena, the chairman of the commission may

7-6 report to the district court by petition, setting forth that:

7-7 (a) Due notice has been given of the time and place of attendance of the

7-8 witness or the production of the books and papers;

7-9 (b) The witness has been subpoenaed by the commission pursuant to this

7-10 section; and

7-11 (c) The witness has failed or refused to attend or produce the books and

7-12 papers required by the subpoena before the commission, or has refused to

7-13 answer questions propounded to him, and asking for an order of the court

7-14 compelling the witness to attend and testify or produce the books and

7-15 papers before the commission.

7-16 4. Except as otherwise provided in this subsection, upon such a

7-17 petition, the court shall enter an order directing the witness to appear before

7-18 the court at a time and place to be fixed by the court in its order, the time to

7-19 be not more than 10 days after the date of the order, and then and there

7-20 show cause why he has not attended, testified or produced the books or

7-21 papers before the commission. If the witness has been subpoenaed by the

7-22 commission in response to a request for an opinion filed pursuant to NRS

7-23 294A.345 or 294A.346, the court shall direct the witness to appear before

7-24 the court as expeditiously as possible to allow the commission to render its

7-25 opinion within the time required by NRS 281.477. A certified copy of the

7-26 order must be served upon the witness.

7-27 5. If it appears to the court that the subpoena was regularly issued by

7-28 the commission, the court shall enter an order that the witness appear

7-29 before the commission, at the time and place fixed in the order, and testify

7-30 or produce the required books and papers. Upon failure to obey the order

7-31 the witness must be dealt with as for contempt of court.

7-32 Sec. 15. NRS 281.501 is hereby amended to read as follows:

7-33 281.501 1. Except as otherwise provided in subsection 2 or 3, a

7-43 reasonable person in his situation would be materially affected by:

8-1 (a) His acceptance of a gift or loan;

8-2 (b) His pecuniary interest; or

8-3 (c) His commitment in a private capacity to the interests of others.

8-4 It must be presumed that the independence of judgment of a reasonable

8-5 person would not be materially affected by his pecuniary interest or his

8-6 commitment in a private capacity to the interests of others where the

8-7 resulting benefit or detriment accruing to him or to the other persons whose

8-8 interests to which the member is committed in a private capacity is not

8-9 greater than that accruing to any other member of the general business,

8-10 profession, occupation or group. The presumption set forth in this

8-11 subsection does not affect the applicability of the requirements set forth

8-12 in subsection 3 relating to the disclosure of the pecuniary interest or

8-13 commitment in a private capacity to the interests of others.

8-14 3. A public officer or employee shall not approve, disapprove, vote,

8-15 abstain from voting or otherwise act upon any matter:

8-16 (a) Regarding which he has accepted a gift or loan;

8-17 (b) Which would reasonably be affected by his commitment in a private

8-18 capacity to the interest of others; or

8-19 (c) In which he has a pecuniary interest,

8-20 without disclosing the full nature and extent of the gift, loan, commitment

8-21 or interest. Except as otherwise provided in subsection 6, such a disclosure

8-22 must be made at the time the matter is considered. If the officer or

8-23 employee is a member of a body which makes decisions, he shall make the

8-24 disclosure in public to the chairman and other members of the body. If the

8-25 officer or employee is not a member of such a body and holds an

8-26 appointive office, he shall make the disclosure to the supervisory head of

8-27 his organization or, if he holds an elective office, to the general public in

8-28 the area from which he is elected. This subsection does not require a

8-29 public officer to disclose any campaign contributions that the public

8-30 officer reported pursuant to NRS 294A.120 or 294A.125 in a timely

8-31 manner.

8-32 4. If a member of the legislative branch declares to the legislative body

8-33 or committee in which the vote is to be taken that he will abstain from

8-34 voting because of the requirements of this section, the necessary quorum to

8-35 act upon and the number of votes necessary to act upon the matter, as fixed

8-36 by any statute, ordinance or rule, is reduced as though the member

8-37 abstaining were not a member of the body or committee.

8-38 5. If a member of the legislative branch is voting on a matter which

8-39 affects public employees, he shall make a full public disclosure of any

8-40 personal pecuniary interest which he may have in the matter.

9-1 6. After a member of the [legislative branch] legislature makes a

9-2 disclosure pursuant to subsection 3, he may file with the director of the

9-3 legislative counsel bureau a written statement of his disclosure. The written

9-4 statement must designate the matter to which the disclosure applies. After a

9-5 legislator files a written statement pursuant to this subsection, he is not

9-6 required to disclose orally his interest when the matter is further considered

9-7 by the legislature or any committee thereof. A written statement of

9-8 disclosure is a public record and must be made available for inspection by

9-9 the public during the regular office hours of the legislative counsel bureau.

9-10 7. As used in this section, "commitment in a private capacity to the

9-11 interests of others" means a commitment to a person:

9-12 (a) Who is a member of his household;

9-13 (b) Who is related to him by blood, adoption or marriage within the

9-14 third degree of consanguinity or affinity;

9-15 (c) Who employs him or a member of his household;

9-16 (d) With whom he has a substantial and continuing business or

9-17 personal relationship; or

9-18 (e) Any other similar commitment or relationship.

9-19 Sec. 16. NRS 281.511 is hereby amended to read as follows:

9-20 281.511 1. The commission shall render an opinion interpreting the

9-43 which he affirms that:

10-1 (I) The accusation or information contained in the request is true;

10-2 (II) He did not submit the request in bad faith or with a vexatious

10-3 purpose; and

10-4 (III) He understands that the commission may impose penalties

10-5 upon him pursuant to NRS 281.551 if the commission determines that the

10-6 accusation or information is false and was submitted in bad faith [,] or with

10-7 a vexatious purpose [or] in connection with a request for an opinion that the

10-8 commission determines to be without merit.

10-9 (c) Upon the commission’s own motion regarding the propriety of

10-10 conduct by a public officer or employee . [, if the commission first

10-11 determines in an adopted motion that there is just and sufficient cause to

10-12 render an opinion concerning the conduct of that public officer or

10-13 employee.] The commission shall not initiate proceedings pursuant to this

10-14 paragraph based solely upon an anonymous complaint. [Proceedings that

10-15 the commission initiates pursuant to this paragraph must remain

10-16 confidential unless the commission determines that there is just and

10-17 sufficient cause to render an opinion.

10-18 The commission shall not determine that there is just and sufficient cause

10-19 to render an opinion without extending the public officer or employee an

10-20 opportunity to appear before the commission and present evidence and

10-21 argument.

10-22 3. The commission shall]

10-23 3. Upon receipt of a request for an opinion by the commission or

10-24 upon the motion of the commission pursuant to subsection 2, the

10-25 executive director shall investigate the facts and circumstances relating

10-26 to the request to determine whether there is just and sufficient cause for

10-27 the commission to render an opinion in the matter. The public officer or

10-28 employee that is the subject of the request may submit to the executive

10-29 director any information relevant to the request. The executive director

10-30 shall complete an investigation and present his recommendation relating

10-31 to just and sufficient cause to the panel within 15 days after the receipt of

10-32 or the motion of the commission for the request, unless the panel extends

10-33 the time for a period not to exceed 30 days upon the request of the

10-34 executive director for good cause shown or the request of the public

10-35 officer or employee. If the executive director determines after an

10-36 investigation that just and sufficient cause exists for the commission to

10-37 render an opinion in the matter, he shall state such a recommendation in

10-38 writing, including, without limitation, the specific evidence that supports

10-39 his recommendation. If, after an investigation, the executive director

10-40 does not determine that just and sufficient cause exists for the

10-41 commission to render an opinion in the matter, he shall state such a

10-42 recommendation in writing, including, without limitation, the specific

10-43 reasons for his recommendation. Within 15 days after the executive

11-1 director has provided his recommendation in the matter to the panel, the

11-2 panel shall make a final determination regarding whether just and

11-3 sufficient cause exists for the commission to render an opinion in the

11-4 matter, unless the commission extends the time for a period not to exceed

11-5 30 days upon the request of the panel for good cause shown or the

11-6 request of the public officer or employee. The panel shall not determine

11-7 that there is just and sufficient cause for the commission to render an

11-8 opinion unless the panel has provided the public officer or employee an

11-9 opportunity to respond to the allegations against him. The panel shall

11-10 cause a record of its proceedings in each matter to be kept and such a

11-11 record must remain confidential until the panel determines whether there

11-12 is just and sufficient cause for the commission to render an opinion in

11-13 the matter.

11-14 4. If the panel determines that just and sufficient cause exists for the

11-15 commission to render an opinion requested pursuant to this section [as

11-16 expeditiously as possible in light of the circumstances of the public officer

11-17 or employee about whom the opinion is requested, so as to minimize

11-18 adverse consequences to him that may result from a delay in issuing the

11-19 opinion.

11-20 4.] , the commission shall hold a hearing and render an opinion in the

11-21 matter within 30 days after the determination of just and sufficient cause

11-22 by the panel, unless the commission extends the time for a period not to

11-23 exceed 30 days for good cause shown or upon the request of the public

11-24 officer or employee.

11-25 5. Each request for an opinion that a public officer or employee

11-26 submits to the commission pursuant to subsection 1, each opinion rendered

11-27 by the commission in response to such a request and any motion,

11-28 [preliminary] determination, evidence or record of a hearing relating to

11-29 such a request are confidential unless the public officer or employee who

11-30 requested the opinion:

11-31 (a) Acts in contravention of the opinion, in which case the commission

11-32 may disclose the request for the opinion, the contents of the opinion and

11-33 any motion, evidence or record of a hearing related thereto;

11-34 (b) Discloses the request for the opinion, the contents of the opinion or

11-35 any motion, evidence or record of a hearing related thereto; or

11-36 (c) Requests the commission to disclose the request for the opinion, the

11-37 contents of the opinion or any motion, evidence or record of a hearing

11-38 related thereto.

11-39 [5.] 6. Except as otherwise provided in this subsection, each document

11-40 in the possession of the commission or its staff that is related to a request

11-41 for an opinion regarding a public officer or employee submitted to or

11-42 initiated by the commission pursuant to [paragraph (b) of] subsection 2,

12-1 including , without limitation, the commission’s copy of the request and all

12-2 materials and information gathered in an investigation of the request, is

12-3 confidential until the [commission] panel determines whether there is just

12-4 and sufficient cause to render an opinion in the matter. The public officer

12-5 or employee who is the subject of a request for an opinion submitted or

12-6 initiated pursuant to [paragraph (b) of] subsection 2 may in writing

12-7 authorize the commission to make its files, material and information which

12-8 are related to the request publicly available.

12-9 [6.] 7. Whenever the commission holds a hearing [for a purpose other

12-10 than to determine whether there is just and sufficient cause to render an

12-11 opinion in a matter,] pursuant to this section, the commission shall:

12-12 (a) Notify the person about whom the opinion was requested of the place

12-13 and time of the commission’s hearing on the matter;

12-14 (b) Allow the person to be represented by counsel; and

12-15 (c) Allow the person to hear the evidence presented to the commission

12-16 and to respond and present evidence on his own behalf.

12-17 The commission’s hearing may be held no sooner than [2 weeks] 10 days

12-18 after the notice is given unless the person agrees to a shorter time.

12-19 [7.] 8. If a person who is not a party to a hearing before the

12-20 commission, including, without limitation, a person who has requested

12-21 an opinion pursuant to paragraph (a) or (b) of subsection 2, wishes to

12-22 ask a question of a witness at the hearing, the person must submit the

12-23 question to the executive director in writing. The executive director may

12-24 submit the question to the commission if he deems the question relevant

12-25 and appropriate. This subsection does not require the commission to ask

12-26 any question submitted by a person who is not a party to the proceeding.

12-27 9. If a person who requests an opinion pursuant to subsection 1 or 2

12-28 does not:

12-29 (a) Submit all necessary information to the commission; and

12-30 (b) Declare by oath or affirmation that he will testify truthfully,

12-31 the commission may decline to render an opinion.

12-32 [8.] 10. For the purposes of NRS 41.032, the members of the

12-33 commission and its employees shall be deemed to be exercising or

12-34 performing a discretionary function or duty when taking an action related to

12-35 the rendering of an opinion pursuant to this section.

12-36 [9. The commission shall publish hypothetical opinions which are

12-37 abstracted from the opinions rendered pursuant to subsection 1, for the

12-38 future guidance of all persons concerned with ethical standards in

12-39 government.

12-40 10.] 11. A meeting or hearing that the commission or the panel holds

12-41 to receive information or evidence concerning the propriety of the conduct

12-42 of a public officer or employee pursuant to this section and the

13-1 [commission’s] deliberations of the commission and the panel on such

13-2 information or evidence are not subject to the provisions of chapter 241 of

13-3 NRS.

13-4 Sec. 17. NRS 281.531 is hereby amended to read as follows:

13-5 281.531 1. The [attorney general] commission counsel is the legal

13-18 to act in the place of the commission counsel for that particular matter.

13-19 Sec. 18. NRS 281.551 is hereby amended to read as follows:

13-20 281.551 1. In addition to any other penalty provided by law, the

13-42 resulted in the realization by another person of a financial benefit, the

14-1 commission may, in addition to other penalties provided by law, require the

14-2 current or former public officer or employee to pay a civil penalty of not

14-3 more than twice the amount so realized.

14-4 4. Except as otherwise provided in this subsection, and in addition to

14-5 any other penalty provided by law, the commission may impose on any

14-6 person who violates any provision of NRS 294A.345 or 294A.346 a civil

14-7 penalty not to exceed $10,000. If the commission finds that a violation of

14-8 NRS 294A.345 or 294A.346 occurred within [10] 17 days before an

14-9 election, including , without limitation, any recall or special election, the

14-10 commission may impose on the person who committed such a violation a

14-11 civil penalty not to exceed $30,000.

14-12 5. If the commission finds that [a] :

14-13 (a) A willful violation of this chapter has been committed by a public

14-14 officer removable from office by impeachment only, it shall file a report

14-15 with the appropriate person responsible for commencing impeachment

14-16 proceedings as to its finding. The report must contain a statement of the

14-17 facts alleged to constitute the violation.

14-18 (b) A willful violation of this chapter has been committed by a public

14-19 officer removable from office pursuant to NRS 283.440, the commission

14-20 may file a proceeding in the appropriate court for removal of the officer.

14-21 (c) Three or more willful violations have been committed by a public

14-22 officer removable from office pursuant to NRS 283.440, the commission

14-23 shall file a proceeding in the appropriate court for removal of the officer.

14-24 6. An action taken by a public officer or employee or former public

14-25 officer or employee relating to NRS 281.481, 281.491, 281.501 or 281.505

14-26 is not a willful violation of a provision of those sections if the public officer

14-27 or employee:

14-28 (a) Relied in good faith upon the advice of the legal counsel retained by

14-29 the public body which the public officer represents or by the employer of

14-30 the public employee [;] or upon the manual published by the commission

14-31 pursuant to NRS 281.471;

14-32 (b) Was unable, through no fault of his own, to obtain an opinion from

14-33 the commission before the action was taken; and

14-34 (c) Took action that was not contrary to a prior published opinion issued

14-35 by the commission . [to the public officer or employee.]

14-36 7. In addition to other penalties provided by law, a public employee

14-37 who willfully violates a provision of NRS 281.481, 281.491, 281.501 or

14-38 281.505 is subject to disciplinary proceedings by his employer and must be

14-39 referred for action in accordance to the applicable provisions governing his

14-40 employment.

14-41 8. NRS 281.481 to 281.541, inclusive, do not abrogate or decrease the

14-42 effect of the provisions of the Nevada Revised Statutes which define crimes

14-43 or prescribe punishments with respect to the conduct of public officers or

15-1 employees. If the commission finds that a public officer or employee has

15-2 committed a willful violation of this chapter which it believes may also

15-3 constitute a criminal offense, the commission shall refer the matter to the

15-4 attorney general or the district attorney, as appropriate, for a

15-5 determination of whether a crime has been committed that warrants

15-6 prosecution.

15-7 9. The imposition of a civil penalty pursuant to subsections 1 to 4,

15-8 inclusive, is a final decision for the purposes of judicial review.

15-9 10. In determining for the purposes of this section whether a person

15-10 submitted an accusation or information in bad faith or with a vexatious

15-11 purpose, the commission may consider various factors, including, without

15-12 limitation:

15-13 (a) When the accusation or information was filed with or provided to the

15-14 commission;

15-15 (b) Whether and, if applicable, in what manner the person who

15-16 submitted the accusation or information publicly disseminated the

15-17 accusation or information before the commission determined whether there

15-18 was just and sufficient cause to render an opinion in the matter;

15-19 (c) Whether the accusation or information sets forth alleged facts or

15-20 details that are misleading or deceptive; and

15-21 (d) Whether the accusation or information or the conduct of the person

15-22 who submitted the accusation or information:

15-23 (1) Would be perceived as annoying or harassing by a reasonable

15-24 person; or

15-25 (2) Demonstrates conscious disregard for the process and procedures

15-26 established by the commission.

15-27 11. A finding by the commission that a public officer or employee

15-28 has violated any provision of this chapter must be supported by a

15-29 preponderance of the evidence unless a greater burden is otherwise

15-30 prescribed by law.

15-31 Sec. 19. NRS 281.553 is hereby amended to read as follows:

15-32 281.553 1. A public officer or public employee shall not accept or

15-42 regarding supplemental employment.

16-1 (b) The receipt of an honorarium by the spouse of a public officer or

16-2 public employee if it is related to the spouse’s profession or occupation.

16-3 4. As used in this section, "honorarium" means the payment of money

16-4 or anything of value for an appearance or speech by the public officer or

16-5 public employee in his capacity as a public officer or public employee. The

16-6 term does not include the payment of:

16-7 (a) The actual and necessary costs incurred by the public officer or

16-8 public employee, his spouse or his aid for transportation and for lodging

16-9 and meals while the public officer or public employee is away from his

16-10 residence.

16-11 (b) Compensation which would otherwise have been earned by the

16-12 public officer or public employee in the normal course of his public office

16-13 or employment.

16-14 (c) A fee for a speech related to the officer’s or employee’s profession

16-15 or occupation outside of his public office or employment if:

16-16 (1) Other members of the profession or occupation are ordinarily

16-17 compensated for such a speech; and

16-18 (2) The fee paid to the public officer or public employee is

16-19 approximately the same as the fee that would be paid to a member of the

16-20 private sector whose qualifications are similar to those of the officer or

16-21 employee for a comparable speech.

16-22 (d) A fee for a speech delivered to an organization of legislatures,

16-23 legislators or other elected officers.

16-24 5. A public officer or public employee who violates the provisions of

16-25 this section is [guilty of a misdemeanor and, upon] :

16-26 (a) Guilty of a category E felony and shall be punished as provided in

16-27 NRS 193.130; and

16-28 (b) Upon conviction, forfeits the amount of the honorarium.

16-29 Sec. 20. NRS 197.110 is hereby amended to read as follows:

16-30 197.110 Every public officer who:

16-40 be punished as provided in NRS 193.130.

17-1 Sec. 21. NRS 197.170 is hereby amended to read as follows:

17-2 197.170 A public officer or employee who [asks,] :

17-16 order the person to pay restitution.

17-17 Sec. 22. NRS 293.1725 is hereby amended to read as follows:

17-18 293.1725 1. Except as otherwise provided in subsection 4, a minor

17-19 political party which wishes to place its candidates on the ballot for a

17-20 general election and:

17-21 (a) Is entitled to do so pursuant to paragraph (a) or (b) of subsection 2 of

17-22 NRS 293.1715; or

17-23 (b) Files a petition pursuant to paragraph (c) of subsection 2 of NRS
17-24 293.1715,

17-25 must file with the secretary of state a list of its candidates not earlier than

17-26 the first Monday in May preceding the election nor later than the last Friday

17-27 in June. The list must be signed by the person so authorized in the

17-28 certificate of existence of the minor political party before a notary public or

17-29 other person authorized to take acknowledgments. The list must not be

17-30 amended after it is filed.

17-31 2. The secretary of state shall immediately forward a certified copy of

17-32 the list of candidates of each minor political party to the filing officer with

17-33 whom each candidate must file his declaration of candidacy.

17-34 3. Each candidate on the list must file his declaration of candidacy with

17-35 the proper filing officer and pay the [fee] fees required by NRS 293.193 not

17-36 earlier than the date on which the list of candidates of his minor political

17-37 party is filed with the secretary of state nor later than the first Wednesday in

17-38 July.

17-39 4. A minor political party that wishes to place candidates for the offices

17-40 of President and Vice President of the United States on the ballot and has

17-41 otherwise qualified to place the names of its candidates on the ballot for the

18-1 general election pursuant to the provisions of this chapter must file with the

18-2 secretary of state a certificate of nomination for these offices not later than

18-3 the first Tuesday in September.

18-4 Sec. 23. NRS 293.193 is hereby amended to read as follows:

18-5 293.193 1. Fees as listed in this section for filing declarations of

18-32 by the commission on ethics in carrying out its duties.

18-33 Sec. 24. NRS 293.177 is hereby amended to read as follows:

18-34 293.177 1. Except as otherwise provided in NRS 293.165, a name

18-41 to be filed by this section must be in substantially the following form:

19-1 (a) For partisan office:

19-2 Declaration of Candidacy of ........ for the

19-3 Office of ................

19-4 State of Nevada

19-5 County of …………….

19-6 For the purpose of having my name placed on the official ballot as a

19-7 candidate for the ................ Party nomination for the office of ………, I,

19-8 the undersigned …….., do swear or affirm under penalty of perjury that I

19-9 reside at ………., in the City or Town of ……., County of ………., State

19-10 of Nevada; that my actual residence in the state, district, county, township,

19-11 city or other area prescribed by law to which the office pertains began on a

19-12 date 30 days or more before the date of the close of filing of declarations of

19-13 candidacy for this office; that I am registered as a member of the ................

19-14 Party; that I have not, in violation of the provisions of NRS 293.176,

19-15 changed the designation of my political party or political party affiliation

19-16 on an official application to register to vote in any state since September 1

19-17 before the closing filing date for this election; that I generally believe in

19-18 and intend to support the concepts found in the principles and policies of

19-19 that political party in the coming election; that if nominated as a candidate

19-20 of the ................ Party at the ensuing election I will accept that nomination

19-21 and not withdraw; that I will not knowingly violate any election law or any

19-22 law defining and prohibiting corrupt and fraudulent practices in campaigns

19-23 and elections in this state; that I will qualify for the office if elected thereto,

19-24 including, but not limited to, complying with any limitation prescribed by

19-25 the constitution and laws of this state concerning the number of years or

19-26 terms for which a person may hold the office; and that I understand that my

19-27 name will appear on all ballots as designated in this declaration.

19-28

19-29 (Designation of name)

19-30

19-31 (Signature of candidate for office)

19-32 Subscribed and sworn to before

19-33 me this ..... day of ........, 19...

19-34

19-35 Notary Public or other person

19-36 authorized to administer an oath

20-1 (b) For nonpartisan office:

20-2 Declaration of Candidacy of ........ for the

20-3 Office of ................

20-4 State of Nevada

20-5 County of

20-6 For the purpose of having my name placed on the official ballot as a

20-7 candidate for the office of ................, I, the undersigned ................, do

20-8 swear or affirm under penalty of perjury that I reside at ………, in the City

20-9 or Town of ……., County of ………, State of Nevada; that my actual

20-10 residence in the state, district, county, township, city or other area

20-11 prescribed by law to which the office pertains began on a date 30 days or

20-12 more before the date of the close of filing of declarations of candidacy for

20-13 this office; that if nominated as a nonpartisan candidate at the ensuing

20-14 election I will accept the nomination and not withdraw; that I will not

20-15 knowingly violate any election law or any law defining and prohibiting

20-16 corrupt and fraudulent practices in campaigns and elections in this state;

20-17 that I will qualify for the office if elected thereto, including, but not limited

20-18 to, complying with any limitation prescribed by the constitution and laws of

20-19 this state concerning the number of years or terms for which a person may

20-20 hold the office; and my name will appear on all ballots as designated in this

20-21 declaration.

20-22

20-23 (Designation of name)

20-24

20-25 (Signature of candidate for office)

20-26 Subscribed and sworn to before

20-27 me this ..... day of ........, 19...

20-28

20-29 Notary Public or other person

20-30 authorized to administer an oath

20-31 3. A person may be a candidate under his given name and surname, a

20-32 contraction or familiar form of his given name followed by his surname or

20-33 the initial of his given name followed by his surname. A nickname of not

20-34 more than 10 letters may be incorporated into a candidate’s name. The

21-1 nickname must be in quotation marks and appear immediately before the

21-2 candidate’s surname. A nickname must not indicate any political,

21-3 economic, social or religious view or affiliation and must not be the name

21-4 of any person, living or dead, whose reputation is known on a statewide,

21-5 nationwide or worldwide basis, or in any other manner deceive a voter

21-6 regarding the person or principles for which he is voting.

21-7 4. The address of a candidate which must be included in the

21-8 declaration of candidacy or acceptance of candidacy pursuant to subsection

21-9 2 must be the street address of the residence where he actually resides, if

21-10 one has been assigned. The declaration or acceptance of candidacy must

21-11 not be accepted for filing if the candidate’s address is listed as a post office

21-12 box unless a street address has not been assigned to his residence.

21-13 Sec. 25. NRS 293.200 is hereby amended to read as follows:

21-14 293.200 1. An independent candidate for partisan office must file

22-1 4. Petitions of candidacy must be filed not earlier than the first Monday

22-2 in May preceding the general election and not later than 5 p.m. on the third

22-3 Tuesday in August.

22-4 5. No petition of candidacy may contain the name of more than one

22-5 candidate for each office to be filled.

22-6 6. A person may not file as an independent candidate if he is proposing

22-7 to run as the candidate of a political party.

22-8 7. The names of independent candidates must be placed on the general

22-9 election ballot and must not appear on the primary election ballot.

22-10 8. If the candidacy of any person seeking to qualify pursuant to this

22-11 section is challenged, all affidavits and documents in support of the

22-12 challenge must be filed not later than 5 p.m. on the fourth Tuesday in

22-13 August. Any judicial proceeding resulting from the challenge must be set

22-14 for hearing not more than 5 days after the fourth Tuesday in August.

22-15 9. Any challenge pursuant to subsection 8 must be filed with:

22-16 (a) The first judicial district court if the petition of candidacy was filed

22-17 with the secretary of state.

22-18 (b) The district court for the county where the petition of candidacy was

22-19 filed if the petition was filed with a county clerk.

22-20 10. An independent candidate for partisan office must file a declaration

22-21 of candidacy with the proper filing officer and pay the [fee] fees required

22-22 by NRS 293.193 not earlier than the first Monday in May of the year in

22-23 which the election is held nor later than 5 p.m. of the first Wednesday in

22-24 July.

22-25 Sec. 26. Chapter 293C of NRS is hereby amended by adding thereto a

22-26 new section to read as follows:

22-27 In addition to any filing fee required by this chapter, a candidate for

22-28 any city office shall pay an administrative fee of $30. The city clerk shall

22-29 pay all administrative fees collected pursuant to this subsection to the

22-30 state general fund for use by the commission on ethics in carrying out its

22-31 duties.

22-32 Sec. 27. NRS 306.110 is hereby amended to read as follows:

22-33 306.110 1. A petition to nominate other candidates for the office

23-1 3. Each candidate who is nominated for office must file an acceptance

23-2 of candidacy with the appropriate filing officer and pay the [fee] fees

23-3 required by NRS 293.193 or by the governing body of a city at least 15

23-4 days before the date of the special election.

23-5 Sec. 28. The amendatory provisions of this act do not apply to conduct

23-6 that occurred before October 1, 1999.