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.

2-1 Sec. 5. 1. The commission shall appoint, within the limits of

2-2 legislative appropriation, an executive director and commission counsel

2-3 who shall perform the duties set forth in this chapter and such other

2-4 duties as may be prescribed by the commission.

2-5 2. The executive director must have experience in administration,

2-6 law enforcement, investigations or law.

2-7 3. The commission counsel must be an attorney who is licensed to

2-8 practice law in this state.

2-9 4. The executive director and commission counsel are in the

2-10 unclassified service of the state.

2-11 5. Except as otherwise provided in NRS 284.143, the executive

2-12 director and commission counsel shall devote their entire time and

2-13 attention to the business of the commission and shall not pursue any

2-14 other business or occupation or hold any other office of profit that

2-15 detracts from the full and timely performance of their duties.

2-16 6. The executive director and commission counsel may not:

2-19 (b) Communicate directly or indirectly with a member of the

2-20 legislative branch on behalf of someone other than himself to influence

2-21 legislative action, except in pursuit of the business of the commission.

2-22 Sec. 6. 1. In addition to any other duties imposed upon him, the

2-23 executive director shall:

2-24 (a) Maintain complete and accurate records of all transactions and

2-25 proceedings of the commission.

2-26 (b) Receive requests for opinions pursuant to NRS 281.511, 294A.345

2-27 or 294A.346.

2-28 (c) Gather information and conduct investigations regarding requests

2-29 for opinions received by the commission and submit recommendations to

2-30 the panel appointed pursuant to section 8 of this act regarding whether

2-31 there is just and sufficient cause to render an opinion in response to a

2-32 particular request.

2-33 (d) Recommend to the commission any regulations or legislation that

2-34 he considers desirable or necessary to improve the operation of the

2-35 commission and maintain high standards of ethical conduct in

2-36 government.

2-37 (e) Upon the request of any public officer or the employer of a public

2-38 employee, conduct training on the requirements of this chapter, the rules

2-39 and regulations adopted by the commission and previous opinions of the

2-40 commission. In any such training, the executive director shall emphasize

2-41 that he is not a member of the commission and that only the commission

2-42 may issue opinions concerning the application of the statutory ethical

2-43 standards to any given set of facts and circumstances. The commission

3-1 shall charge a reasonable fee to cover the costs of training provided by

3-2 the executive director pursuant to this subsection.

3-3 (f) Perform such other duties, not inconsistent with law, as may be

3-4 required by the commission.

3-5 2. The executive director shall, within the limits of legislative

3-6 appropriation, employ such persons as are necessary to carry out any of

3-7 his duties relating to:

3-8 (a) The administration of the affairs of the commission;

3-9 (b) The review of statements of financial disclosure; and

3-10 (c) The investigation of matters under the jurisdiction of the

3-11 commission.

3-12 Sec. 7. Every public officer shall acknowledge that he has received,

3-13 read and understands the statutory ethical standards. The

3-14 acknowledgment must be on a form prescribed by the commission and

3-15 must accompany the first statement of financial disclosure that the public

3-16 officer is required to file with the commission pursuant to NRS 281.561.

3-17 Willful refusal to execute and file the acknowledgment required by this

3-18 subsection constitutes nonfeasance in office and is a ground for removal

3-19 pursuant to NRS 283.440.

3-20 Sec. 8. 1. The chairman shall appoint one or more panels of two

3-21 members of the commission on a rotating basis to review the

3-22 determinations of just and sufficient cause made by the executive

3-23 director pursuant to NRS 281.511 and make a final determination

3-24 regarding whether just and sufficient cause exists for the commission to

3-25 render an opinion.

3-26 2. The chairman and vice chairman of the commission may not serve

3-27 together on a panel.

3-28 3. The members of a panel may not be members of the same political

3-29 party.

3-30 4. If a panel finds just and sufficient cause for the commission to

3-31 render an opinion in a matter, the members of the panel shall not

3-32 participate in any further proceedings of the commission relating to that

3-33 matter.

3-34 Sec. 8.5. NRS 281.421 is hereby amended to read as follows:

3-35 281.421 1. It is hereby declared to be the public policy of this state

4-1 2. The legislature finds that:

4-2 (a) The increasing complexity of state and local government, more and

4-3 more closely related to private life and enterprise, enlarges the potentiality

4-4 for conflict of interests.

4-5 (b) To enhance the people’s faith in the integrity and impartiality of

4-6 public officers and employees, adequate guidelines are required to show the

4-7 appropriate separation between the roles of persons who are both public

4-8 servants and private citizens.

4-9 (c) Members of the legislature serve as "citizen legislators" who have

4-10 other occupations and business interests. Each legislator has particular

4-11 philosophies and perspectives that are necessarily influenced by the life

4-12 experiences of that legislator, including, without limitation, professional,

4-13 family and business experiences. Our system assumes that legislators will

4-14 contribute those philosophies and perspectives to the debate over issues

4-15 with which the legislature is confronted. The law concerning ethics in

4-16 government is not intended to require a member of the legislature to

4-17 abstain on issues which might affect his interests, provided those interests

4-18 are properly disclosed and that the benefit or detriment accruing to him

4-19 is not greater than that accruing to any other member of the general

4-20 business, profession, occupation or group.

4-21 Sec. 9. NRS 281.431 is hereby amended to read as follows:

4-22 281.431 As used in NRS 281.411 to 281.581, inclusive, and sections 2

4-25 3 and 4 of this act have the meanings ascribed to them in those sections.

4-26 Sec. 10. NRS 281.455 is hereby amended to read as follows:

4-27 281.455 1. The commission on ethics, consisting of [six] eight

4-43 may be residents of the same county.

5-1 5. None of the members of the commission may:

5-2 (a) Hold another public office;

5-3 (b) Be actively involved in the work of any political party or political

5-4 campaign; or

5-5 (c) [Appear in person and communicate] Communicate directly with a

5-6 member of the legislative branch on behalf of someone other than himself

5-7 [,] or the commission, for compensation, to influence legislative action,

5-8 while he is serving on the commission.

5-9 6. After the initial terms, the [members shall serve] terms of the

5-10 members are 4 years. Any vacancy in the membership must be filled by the

5-11 appropriate appointing authority for the unexpired term. Each member may

5-12 serve no more than two consecutive full terms.

5-13 Sec. 11. NRS 281.461 is hereby amended to read as follows:

5-33 maintain such facilities as are required to carry out its functions.

5-34 Sec. 12. NRS 281.465 is hereby amended to read as follows:

5-35 281.465 1. The commission has jurisdiction to investigate and take

5-43 former public officer or employee.]

6-1 (b) NRS 294A.345 or 294A.346 in any proceeding commenced by the

6-2 filing of a request for an opinion pursuant thereto.

6-3 2. The provisions of paragraph (a) of subsection 1 apply to a public

6-4 officer or employee who:

6-5 (a) Currently holds public office or is publicly employed at the

6-6 commencement of proceedings against him.

6-7 (b) Resigns or otherwise leaves his public office or employment:

6-8 (1) After the commencement of proceedings against him; or

6-9 (2) Within 1 year after the alleged violation or reasonable discovery

6-10 of the alleged violation.

6-11 Sec. 13. NRS 281.471 is hereby amended to read as follows:

6-12 281.471 The commission shall:

6-37 published opinions of the commission.

6-38 Sec. 14. NRS 281.475 is hereby amended to read as follows:

6-39 281.475 1. The chairman and vice chairman of the commission may

6-43 papers. Upon the request of the executive director or the public officer or

7-1 public employee who is the subject of a request for an opinion, the

7-2 chairman or, in his absence, the vice chairman, may issue a subpoena to

7-3 compel the attendance of a witness and the production of books and papers.

7-4 3. Before issuing [such a subpoena, the commission] a subpoena to a

7-5 public officer or public employee who is the subject of a request for an

7-6 opinion, the executive director shall submit a written request to the public

7-7 officer or public employee [who is the subject of an inquiry or opinion of

7-8 the commission, or to the person or group of persons requesting an opinion

7-9 pursuant to NRS 294A.345 or 294A.346,] requesting:

7-10 (a) His appearance [, or the appearance of a representative of the group,]

7-11 as a witness; or

7-12 (b) [The appearance as a witness of any other person who may have

7-13 information relating to the inquiry or opinion; or

7-14 (c) The] His production of any books and papers [. Each such] relating

7-15 to the request for an opinion.

7-16 4. Each written request submitted by the executive director pursuant

7-17 to subsection 3 must specify the time and place for the attendance of [any

7-18 witness] the public officer or public employee or the production of any

7-19 books and papers, and designate with certainty the books and papers

7-20 requested, if any. If the public officer or [other witness] public employee

7-21 fails or refuses to attend at the time and place specified or produce the

7-22 books and papers requested by the [commission, the commission] executive

7-23 director within 5 business days after receipt of the request, the chairman

7-24 may issue the subpoena. Failure of the public officer or public employee

7-25 to comply with the written request of the executive director constitutes

7-26 good cause for extension of the time set forth in subsections 3 and 4 of

7-27 NRS 281.511.

7-28 [3.] 5. If any witness refuses to attend, testify or produce any books

7-29 and papers as required by the subpoena, the chairman of the commission

7-30 may report to the district court by petition, setting forth that:

7-31 (a) Due notice has been given of the time and place of attendance of the

7-32 witness or the production of the books and papers;

7-33 (b) The witness has been subpoenaed by the commission pursuant to this

7-34 section; and

7-35 (c) The witness has failed or refused to attend or produce the books and

7-36 papers required by the subpoena before the commission, or has refused to

7-37 answer questions propounded to him, and asking for an order of the court

7-38 compelling the witness to attend and testify or produce the books and

7-39 papers before the commission.

7-40 [4.] 6. Except as otherwise provided in this subsection, upon such a

7-41 petition, the court shall enter an order directing the witness to appear before

7-42 the court at a time and place to be fixed by the court in its order, the time to

7-43 be not more than 10 days after the date of the order, and then and there

8-1 show cause why he has not attended, testified or produced the books or

8-2 papers before the commission. If the witness has been subpoenaed by the

8-3 commission in response to a request for an opinion filed pursuant to NRS

8-4 294A.345 or 294A.346, the court shall direct the witness to appear before

8-5 the court as expeditiously as possible to allow the commission to render its

8-6 opinion within the time required by NRS 281.477. A certified copy of the

8-7 order must be served upon the witness.

8-8 [5.] 7. If it appears to the court that the subpoena was regularly issued

8-9 by the commission, the court shall enter an order that the witness appear

8-10 before the commission, at the time and place fixed in the order, and testify

8-11 or produce the required books and papers. Upon failure to obey the order

8-12 the witness must be dealt with as for contempt of court.

8-13 Sec. 15. NRS 281.501 is hereby amended to read as follows:

8-14 281.501 1. Except as otherwise provided in subsection 2 or 3, a

8-42 (a) Regarding which he has accepted a gift or loan;

9-1 (b) Which would reasonably be affected by his commitment in a private

9-2 capacity to the interest of others; or

9-3 (c) In which he has a pecuniary interest,

9-4 without disclosing [the full nature and extent of] sufficient information

9-5 concerning the gift, loan, commitment or interest [.] to inform the public

9-6 of the potential effect of the action or abstention upon the person who

9-7 provided the gift or loan, upon the person to whom he has a commitment,

9-8 or upon his interest. Except as otherwise provided in subsection 6, such a

9-9 disclosure must be made at the time the matter is considered. If the officer

9-10 or employee is a member of a body which makes decisions, he shall make

9-11 the disclosure in public to the chairman and other members of the body. If

9-12 the officer or employee is not a member of such a body and holds an

9-13 appointive office, he shall make the disclosure to the supervisory head of

9-14 his organization or, if he holds an elective office, to the general public in

9-15 the area from which he is elected. This subsection does not require a

9-16 public officer to disclose any campaign contributions that the public

9-17 officer reported pursuant to NRS 294A.120 or 294A.125 in a timely

9-18 manner.

9-19 4. If a [member of the legislative branch] public officer declares to the

9-20 [legislative] body or committee in which the vote is to be taken that he will

9-21 abstain from voting because of the requirements of this section, the

9-22 necessary quorum to act upon and the number of votes necessary to act

9-23 upon the matter, as fixed by any statute, ordinance or rule, is reduced as

9-24 though the member abstaining were not a member of the body or

9-25 committee. A public officer has a duty to vote upon a matter unless he

9-26 makes the disclosure required pursuant to subsection 3.

9-27 5. If a [member of the legislative branch] public officer is voting on a

9-28 matter which affects public employees, he shall make a full public

9-29 disclosure of any personal pecuniary interest which he may have in the

9-30 matter.

9-31 6. After a member of the [legislative branch] legislature makes a

9-32 disclosure pursuant to subsection 3, he may file with the director of the

9-33 legislative counsel bureau a written statement of his disclosure. The written

9-34 statement must designate the matter to which the disclosure applies. After a

9-35 legislator files a written statement pursuant to this subsection, he is not

9-36 required to disclose orally his interest when the matter is further considered

9-37 by the legislature or any committee thereof. A written statement of

9-38 disclosure is a public record and must be made available for inspection by

9-39 the public during the regular office hours of the legislative counsel bureau.

9-40 7. The provisions of this section do not, under any circumstances:

9-41 (a) Prohibit a member of the legislative branch from requesting or

9-42 introducing a legislative measure; or

10-1 (b) Require a member of the legislative branch to take any particular

10-2 action before or while requesting or introducing a legislative measure.

10-3 8. As used in this section, "commitment in a private capacity to the

10-4 interests of others" means a commitment to a person:

10-5 (a) Who is a member of his household;

10-6 (b) Who is related to him by blood, adoption or marriage within the

10-7 third degree of consanguinity or affinity;

10-8 (c) Who employs him or a member of his household;

10-9 (d) With whom he has a substantial and continuing business

10-10 relationship; or

10-11 (e) Any other commitment or relationship that is substantially similar

10-12 to a commitment or relationship described in this subsection.

10-13 Sec. 16. NRS 281.511 is hereby amended to read as follows:

10-14 281.511 1. The commission shall render an opinion interpreting the

10-43 upon him pursuant to NRS 281.551 if the commission determines that the

11-1 accusation or information is false and was submitted in bad faith [,] or with

11-2 a vexatious purpose [or] in connection with a request for an opinion that the

11-3 commission determines to be without merit.

11-4 (c) Upon the commission’s own motion regarding the propriety of

11-5 conduct by a public officer or employee . [, if the commission first

11-6 determines in an adopted motion that there is just and sufficient cause to

11-7 render an opinion concerning the conduct of that public officer or

11-8 employee.] The commission shall not initiate proceedings pursuant to this

11-9 paragraph based solely upon an anonymous complaint. [Proceedings that

11-10 the commission initiates pursuant to this paragraph must remain

11-11 confidential unless the commission determines that there is just and

11-12 sufficient cause to render an opinion.]

11-13 The commission shall not [determine that there is just and sufficient cause

11-14 to render an opinion without extending the public officer or employee an

11-15 opportunity to appear before the commission and present evidence and

11-16 argument.

11-17 3. The commission shall] render an opinion interpreting the statutory

11-18 ethical standards or apply those standards to a given set of facts and

11-19 circumstances if the request is submitted by a person who is incarcerated

11-20 in a correctional facility in this state.

11-21 3. Upon receipt of a request for an opinion by the commission or

11-22 upon the motion of the commission pursuant to subsection 2, the

11-23 executive director shall investigate the facts and circumstances relating

11-24 to the request to determine whether there is just and sufficient cause for

11-25 the commission to render an opinion in the matter. The public officer or

11-26 employee that is the subject of the request may submit to the executive

11-27 director any information relevant to the request. The executive director

11-28 shall complete an investigation and present his recommendation relating

11-29 to just and sufficient cause to the panel within 15 days after the receipt of

11-30 or the motion of the commission for the request, unless the panel extends

11-31 the time for a period not to exceed 30 days upon the request of the

11-32 executive director for good cause shown or the request of the public

11-33 officer or employee. If the executive director determines after an

11-34 investigation that just and sufficient cause exists for the commission to

11-35 render an opinion in the matter, he shall state such a recommendation in

11-36 writing, including, without limitation, the specific evidence that supports

11-37 his recommendation. If, after an investigation, the executive director

11-38 does not determine that just and sufficient cause exists for the

11-39 commission to render an opinion in the matter, he shall state such a

11-40 recommendation in writing, including, without limitation, the specific

11-41 reasons for his recommendation. Within 15 days after the executive

11-42 director has provided his recommendation in the matter to the panel, the

11-43 panel shall make a final determination regarding whether just and

12-1 sufficient cause exists for the commission to render an opinion in the

12-2 matter, unless the commission extends the time for a period not to exceed

12-3 30 days upon the request of the panel for good cause shown or the

12-4 request of the public officer or employee. The panel shall not determine

12-5 that there is just and sufficient cause for the commission to render an

12-6 opinion unless the panel has provided the public officer or employee an

12-7 opportunity to respond to the allegations against him. The panel shall

12-8 cause a record of its proceedings in each matter to be kept and such a

12-9 record must remain confidential until the panel determines whether there

12-10 is just and sufficient cause for the commission to render an opinion in

12-11 the matter.

12-12 4. If the panel determines that just and sufficient cause exists for the

12-13 commission to render an opinion requested pursuant to this section [as

12-14 expeditiously as possible in light of the circumstances of the public officer

12-15 or employee about whom the opinion is requested, so as to minimize

12-16 adverse consequences to him that may result from a delay in issuing the

12-17 opinion.

12-18 4.] , the commission shall hold a hearing and render an opinion in the

12-19 matter within 30 days after the determination of just and sufficient cause

12-20 by the panel, unless the commission extends the time for a period not to

12-21 exceed 30 days for good cause shown or upon the request of the public

12-22 officer or employee.

12-23 5. Each request for an opinion that a public officer or employee

12-24 submits to the commission pursuant to subsection 1, each opinion rendered

12-25 by the commission in response to such a request and any motion,

12-26 [preliminary] determination, evidence or record of a hearing relating to

12-27 such a request are confidential unless the public officer or employee who

12-28 requested the opinion:

12-29 (a) Acts in contravention of the opinion, in which case the commission

12-30 may disclose the request for the opinion, the contents of the opinion and

12-31 any motion, evidence or record of a hearing related thereto;

12-32 (b) Discloses the request for the opinion, the contents of the opinion or

12-33 any motion, evidence or record of a hearing related thereto; or

12-34 (c) Requests the commission to disclose the request for the opinion, the

12-35 contents of the opinion or any motion, evidence or record of a hearing

12-36 related thereto.

12-37 [5.] 6. Except as otherwise provided in this subsection, each document

12-38 in the possession of the commission or its staff that is related to a request

12-39 for an opinion regarding a public officer or employee submitted to or

12-40 initiated by the commission pursuant to [paragraph (b) of] subsection 2,

13-1 including , without limitation, the commission’s copy of the request and all

13-2 materials and information gathered in an investigation of the request, is

13-3 confidential until the [commission] panel determines whether there is just

13-4 and sufficient cause to render an opinion in the matter. The public officer

13-5 or employee who is the subject of a request for an opinion submitted or

13-6 initiated pursuant to [paragraph (b) of] subsection 2 may in writing

13-7 authorize the commission to make its files, material and information which

13-8 are related to the request publicly available.

13-9 [6.] 7. Except as otherwise provided in paragraphs (a) and (b), the

13-10 proceedings of a panel are confidential until the panel determines

13-11 whether there is just and sufficient cause to render an opinion. A person

13-12 who:

13-13 (a) Requests an opinion from the commission pursuant to paragraph

13-14 (b) of subsection 2 may:

13-15 (1) At any time, reveal to a third party the alleged conduct of a

13-16 public officer or employee underlying the request that he filed with the

13-17 commission or the substance of testimony, if any, that he gave before the

13-18 commission.

13-19 (2) After the panel determines whether there is just and sufficient

13-20 cause to render an opinion in the matter, reveal to a third party the fact

13-21 that he requested an opinion from the commission.

13-22 (b) Gives testimony before the commission may:

13-23 (1) At any time, reveal to a third party the substance of testimony

13-24 that he gave before the commission.

13-25 (2) After the panel determines whether there is just and sufficient

13-26 cause to render an opinion in the matter, reveal to a third party the fact

13-27 that he gave testimony before the commission.

13-28 8. Whenever the commission holds a hearing [for a purpose other than

13-29 to determine whether there is just and sufficient cause to render an opinion

13-30 in a matter,] pursuant to this section, the commission shall:

13-31 (a) Notify the person about whom the opinion was requested of the place

13-32 and time of the commission’s hearing on the matter;

13-33 (b) Allow the person to be represented by counsel; and

13-34 (c) Allow the person to hear the evidence presented to the commission

13-35 and to respond and present evidence on his own behalf.

13-36 The commission’s hearing may be held no sooner than [2 weeks] 10 days

13-37 after the notice is given unless the person agrees to a shorter time.

13-38 [7.] 9. If a person who is not a party to a hearing before the

13-39 commission, including, without limitation, a person who has requested

13-40 an opinion pursuant to paragraph (a) or (b) of subsection 2, wishes to

13-41 ask a question of a witness at the hearing, the person must submit the

13-42 question to the executive director in writing. The executive director may

13-43 submit the question to the commission if he deems the question relevant

14-1 and appropriate. This subsection does not require the commission to ask

14-2 any question submitted by a person who is not a party to the proceeding.

14-3 10. If a person who requests an opinion pursuant to subsection 1 or 2

14-4 does not:

14-5 (a) Submit all necessary information to the commission; and

14-6 (b) Declare by oath or affirmation that he will testify truthfully,

14-7 the commission may decline to render an opinion.

14-8 [8.] 11. For good cause shown, the commission may take testimony

14-9 from a person by telephone or video conference.

14-10 12. For the purposes of NRS 41.032, the members of the commission

14-11 and its employees shall be deemed to be exercising or performing a

14-12 discretionary function or duty when taking an action related to the

14-13 rendering of an opinion pursuant to this section.

14-14 [9. The commission shall publish hypothetical opinions which are

14-15 abstracted from the opinions rendered pursuant to subsection 1, for the

14-16 future guidance of all persons concerned with ethical standards in

14-17 government.

14-18 10.] 13. A meeting or hearing that the commission or the panel holds

14-19 to receive information or evidence concerning the propriety of the conduct

14-20 of a public officer or employee pursuant to this section and the

14-21 [commission’s] deliberations of the commission and the panel on such

14-22 information or evidence are not subject to the provisions of chapter 241 of

14-23 NRS.

14-24 Sec. 17. NRS 281.531 is hereby amended to read as follows:

14-25 281.531 1. The [attorney general] commission counsel is the legal

14-38 to act in the place of the commission counsel for that particular matter.

14-39 Sec. 18. NRS 281.551 is hereby amended to read as follows:

14-40 281.551 1. In addition to any other penalty provided by law, the

14-43 (a) Not to exceed $5,000 for a first willful violation of this chapter [.] ;

15-1 (b) Not to exceed $10,000 for a separate act or event that constitutes a

15-2 second willful violation of this chapter; and

15-3 (c) Not to exceed $25,000 for a separate act or event that constitutes a

15-4 third willful violation of this chapter.

15-5 2. In addition to other penalties provided by law, the commission may

15-6 impose a civil penalty not to exceed $5,000 and assess an amount equal to

15-7 the amount of attorney’s fees and costs actually and reasonably incurred by

15-8 the person about whom an opinion was requested pursuant to NRS

15-9 281.511, against a person who:

15-10 (a) Submits to the commission, in bad faith or with a vexatious purpose,

15-11 an accusation or information that is false; or

15-12 (b) [Submits to the commission, in connection with a request for an

15-13 opinion that the commission determines to be without merit, an accusation

15-14 or information that is false; or

15-15 (c)] Prevents, interferes with or attempts to prevent or interfere with the

15-16 discovery or investigation of a violation of this chapter.

15-17 3. If the commission finds that a violation of a provision of this chapter

15-18 by a public officer or employee or former public officer or employee has

15-19 resulted in the realization by another person of a financial benefit, the

15-20 commission may, in addition to other penalties provided by law, require the

15-21 current or former public officer or employee to pay a civil penalty of not

15-22 more than twice the amount so realized.

15-23 4. Except as otherwise provided in this subsection, and in addition to

15-24 any other penalty provided by law, the commission may impose on any

15-25 person who violates any provision of NRS 294A.345 or 294A.346 a civil

15-26 penalty not to exceed $10,000. If the commission finds that a violation of

15-27 NRS 294A.345 or 294A.346 occurred within [10] 17 days before an

15-28 election, including , without limitation, any recall or special election, the

15-29 commission may impose on the person who committed such a violation a

15-30 civil penalty not to exceed $30,000.

15-31 5. If the commission finds that [a] :

15-32 (a) A willful violation of this chapter has been committed by a public

15-33 officer removable from office by impeachment only, it shall file a report

15-34 with the appropriate person responsible for commencing impeachment

15-35 proceedings as to its finding. The report must contain a statement of the

15-36 facts alleged to constitute the violation.

15-37 (b) A willful violation of this chapter has been committed by a public

15-38 officer removable from office pursuant to NRS 283.440, the commission

15-39 may file a proceeding in the appropriate court for removal of the officer.

15-40 (c) Three or more willful violations have been committed by a public

15-41 officer removable from office pursuant to NRS 283.440, the commission

15-42 shall file a proceeding in the appropriate court for removal of the officer.

16-1 6. An action taken by a public officer or employee or former public

16-2 officer or employee relating to NRS 281.481, 281.491, 281.501 or 281.505

16-3 is not a willful violation of a provision of those sections if the public officer

16-4 or employee:

16-5 (a) Relied in good faith upon the advice of the legal counsel retained by

16-6 the public body which the public officer represents or by the employer of

16-7 the public employee [;] or upon the manual published by the commission

16-8 pursuant to NRS 281.471;

16-9 (b) Was unable, through no fault of his own, to obtain an opinion from

16-10 the commission before the action was taken; and

16-11 (c) Took action that was not contrary to a prior published opinion issued

16-12 by the commission . [to the public officer or employee.]

16-13 7. In addition to other penalties provided by law, a public employee

16-14 who willfully violates a provision of NRS 281.481, 281.491, 281.501 or

16-15 281.505 is subject to disciplinary proceedings by his employer and must be

16-16 referred for action in accordance to the applicable provisions governing his

16-17 employment.

16-18 8. NRS 281.481 to 281.541, inclusive, do not abrogate or decrease the

16-19 effect of the provisions of the Nevada Revised Statutes which define crimes

16-20 or prescribe punishments with respect to the conduct of public officers or

16-21 employees. If the commission finds that a public officer or employee has

16-22 committed a willful violation of this chapter which it believes may also

16-23 constitute a criminal offense, the commission shall refer the matter to the

16-24 attorney general or the district attorney, as appropriate, for a

16-25 determination of whether a crime has been committed that warrants

16-26 prosecution.

16-27 9. The imposition of a civil penalty pursuant to subsections 1 to 4,

16-28 inclusive, is a final decision for the purposes of judicial review.

16-29 10. In determining for the purposes of this section whether a person

16-30 submitted an accusation or information in bad faith or with a vexatious

16-31 purpose, the commission may consider various factors, including, without

16-32 limitation:

16-33 (a) When the accusation or information was filed with or provided to the

16-34 commission;

16-35 (b) Whether and, if applicable, in what manner the person who

16-36 submitted the accusation or information publicly disseminated the

16-37 accusation or information before the commission determined whether there

16-38 was just and sufficient cause to render an opinion in the matter;

16-39 (c) Whether the accusation or information sets forth alleged facts or

16-40 details that are misleading or deceptive; and

16-41 (d) Whether the accusation or information or the conduct of the person

16-42 who submitted the accusation or information:

17-1 (1) Would be perceived as annoying or harassing by a reasonable

17-2 person; or

17-3 (2) Demonstrates conscious disregard for the process and procedures

17-4 established by the commission.

17-5 11. A finding by the commission that a public officer or employee

17-6 has violated any provision of this chapter must be supported by a

17-7 preponderance of the evidence unless a greater burden is otherwise

17-8 prescribed by law.

17-9 Sec. 19. NRS 281.553 is hereby amended to read as follows:

17-10 281.553 1. A public officer or public employee shall not accept or

17-43 legislators or other elected officers.

18-1 5. A public officer or public employee who violates the provisions of

18-2 this section is [guilty of a misdemeanor and, upon] :

18-3 (a) Guilty of a category E felony and shall be punished as provided in

18-4 NRS 193.130; and

18-5 (b) Upon conviction, forfeits the amount of the honorarium.

18-6 Sec. 19.5. NRS 281.581 is hereby amended to read as follows:

18-7 281.581 [A]

18-23 state treasurer for credit to the state general fund.

18-24 3. For good cause shown, the commission may waive a civil penalty

18-25 that would otherwise be imposed pursuant to subsection 1. If the

18-26 commission waives a civil penalty pursuant to this subsection, the

18-27 commission shall:

18-28 (a) Create a record which sets forth that the civil penalty has been

18-29 waived and describes the circumstances that constitute the good cause

18-30 shown; and

18-31 (b) Ensure that the record created pursuant to paragraph (a) is

18-32 available for review by the general public.

18-33 Sec. 20. NRS 197.110 is hereby amended to read as follows:

18-34 197.110 Every public officer who:

18-42 of himself or another,

19-1 [shall be] is guilty of a [gross misdemeanor.] category E felony and shall

19-2 be punished as provided in NRS 193.130.

19-3 Sec. 21. NRS 197.170 is hereby amended to read as follows:

19-4 197.170 A public officer or employee who [asks,] :

19-18 order the person to pay restitution.

19-19 Sec. 22. NRS 294A.345 is hereby amended to read as follows:

19-20 294A.345 1. A person shall not, with actual malice and the intent to

19-43 NRS 294A.150, and alleges that a false statement of fact has been

20-1 published in violation of subsection 2, may file a request for an opinion

20-2 with the commission on ethics pursuant to NRS 281.411 to 281.581,

20-3 inclusive . [, and NRS 281.477.] Such a request must be filed with the

20-4 commission not later than 10 days after the date of the election with

20-5 respect to which the alleged violation occurred. The commission shall

20-6 give priority to such a request over all other matters pending with the

20-7 commission.

20-8 4. A person who violates the provisions of this section is subject to a

20-9 civil penalty that may be imposed by the commission on ethics pursuant to

20-10 NRS 281.551.

20-11 5. As used in this section:

20-12 (a) "Actual malice" means knowledge of the falsity of a statement or

20-13 reckless disregard for whether a statement is true or false.

20-14 (b) "Publish" means the act of printing, posting, broadcasting, mailing,

20-15 speaking or otherwise disseminating.

20-16 Sec. 23. NRS 294A.346 is hereby amended to read as follows:

20-17 294A.346 1. An employee, agent or volunteer of the campaign of a

20-41 campaign; or

21-1 (b) An employee, agent or volunteer for that campaign to induce him to

21-2 perform any act in the course of his employment, agency or volunteering to

21-3 impede the success of that campaign.

21-4 5. Any candidate who alleges that a person has violated the provisions

21-5 of subsection 1 or 2, and any person or group of persons that advocates the

21-6 passage or defeat of a question on the ballot at any election, is required to

21-7 file a report pursuant to NRS 294A.150, and alleges that a person has

21-8 violated the provisions of subsection 3 or 4, may file a request for an

21-9 opinion with the commission on ethics pursuant to NRS 281.411 to

21-10 281.581, inclusive . [, and 281.477.] Such a request must be filed with the

21-11 commission not later than 10 days after the date of the election with

21-12 respect to which the alleged violation occurred. The commission shall

21-13 give priority to such a request over all matters pending with the

21-14 commission.

21-15 6. A person who violates the provisions of this section is subject to a

21-16 civil penalty that may be imposed by the commission on ethics pursuant to

21-17 NRS 281.551.

21-18 Sec. 24. NRS 294A.420 is hereby amended to read as follows:

21-19 294A.420 1. If the secretary of state receives information that a

21-43 is late.

22-1 4. For good cause shown, the secretary of state may waive a civil

22-2 penalty that would otherwise be imposed pursuant to this section. If the

22-3 secretary of state waives a civil penalty pursuant to this subsection, the

22-4 secretary of state shall:

22-5 (a) Create a record which sets forth that the civil penalty has been

22-6 waived and describes the circumstances that constitute the good cause

22-7 shown; and

22-8 (b) Ensure that the record created pursuant to paragraph (a) is

22-9 available for review by the general public.

22-10 Sec. 25. The amendatory provisions of this act do not apply to conduct

22-11 that occurred before October 1, 1999.