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.

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

2-2 by the commission pursuant to section 5 of this act.

2-3 Sec. 3. "Panel" means the panel appointed by the commission

2-4 pursuant to section 8 of this act.

2-5 Sec. 3.5. "Vexatious" means lacking justification and intended to

2-6 harass.

2-7 Sec. 4. "Willful violation" means the public officer or employee

2-8 knew or reasonably should have known that his conduct violated this

2-9 chapter.

2-10 Sec. 5. 1. The commission shall appoint, within the limits of

2-11 legislative appropriation, an executive director who shall perform the

2-12 duties set forth in this chapter and such other duties as may be prescribed

2-13 by the commission.

2-14 2. The executive director must have experience in administration,

2-15 law enforcement, investigations or law.

2-16 3. The executive director is in the unclassified service of the state.

2-17 4. The executive director shall devote his entire time and attention to

2-18 the business of the commission and shall not pursue any other business

2-19 or occupation or hold any other office of profit that detracts from the full

2-20 and timely performance of his duties.

2-24 (b) Communicate directly or indirectly with a member of the

2-25 legislative branch on behalf of someone other than himself to influence

2-26 legislative action, except in pursuit of the business of the commission.

2-27 Sec. 6. 1. In addition to any other duties imposed upon him, the

2-28 executive director shall:

2-29 (a) Maintain complete and accurate records of all transactions and

2-30 proceedings of the commission.

2-31 (b) Receive requests for opinions pursuant to NRS 281.511.

2-32 (c) Gather information and conduct investigations regarding requests

2-33 for opinions received by the commission and submit recommendations to

2-34 the panel appointed pursuant to section 8 of this act regarding whether

2-35 there is just and sufficient cause to render an opinion in response to a

2-36 particular request.

2-37 (d) Recommend to the commission any regulations or legislation that

2-38 he considers desirable or necessary to improve the operation of the

2-39 commission and maintain high standards of ethical conduct in

2-40 government.

2-41 (e) Upon the request of any public officer or the employer of a public

2-42 employee, conduct training on the requirements of this chapter, the rules

2-43 and regulations adopted by the commission and previous opinions of the

3-1 commission. In any such training, the executive director shall emphasize

3-2 that he is not a member of the commission and that only the commission

3-3 may issue opinions concerning the application of the statutory ethical

3-4 standards to any given set of facts and circumstances. The commission

3-5 shall charge a reasonable fee to cover the costs of training provided by

3-6 the executive director pursuant to this subsection.

3-7 (f) Perform such other duties, not inconsistent with law, as may be

3-8 required by the commission.

3-9 2. The executive director shall, within the limits of legislative

3-10 appropriation, employ such persons as are necessary to carry out any of

3-11 his duties relating to:

3-12 (a) The administration of the affairs of the commission;

3-13 (b) The review of statements of financial disclosure; and

3-14 (c) The investigation of matters under the jurisdiction of the

3-15 commission.

3-16 Sec. 7. Every public officer 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 must accompany the first statement of financial disclosure that the public

3-20 officer is required to file with the commission pursuant to NRS 281.561.

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

3-22 subsection constitutes nonfeasance in office and is a ground for removal

3-23 pursuant to NRS 283.440.

3-24 Sec. 8. 1. The chairman shall appoint one or more panels of two

3-25 members of the commission on a rotating basis to review the

3-26 determinations of just and sufficient cause made by the executive

3-27 director pursuant to NRS 281.511 and make a final determination

3-28 regarding whether just and sufficient cause exists for the commission to

3-29 render an opinion.

3-30 2. The chairman and vice chairman of the commission may not serve

3-31 together on a panel.

3-32 3. The members of a panel may not be members of the same political

3-33 party.

3-34 4. If a panel finds just and sufficient cause for the commission to

3-35 render an opinion in a matter, the members of the panel shall not

3-36 participate in any further proceedings of the commission relating to that

3-37 matter.

3-38 Sec. 8.5. NRS 281.421 is hereby amended to read as follows:

3-39 281.421 1. It is hereby declared to be the public policy of this state

3-42 of the people.

4-1 (b) A public officer or employee must commit himself to avoid conflicts

4-2 between his private interests and those of the general public whom he

4-3 serves.

4-4 2. The legislature finds that:

4-5 (a) The increasing complexity of state and local government, more and

4-6 more closely related to private life and enterprise, enlarges the potentiality

4-7 for conflict of interests.

4-8 (b) To enhance the people’s faith in the integrity and impartiality of

4-9 public officers and employees, adequate guidelines are required to show the

4-10 appropriate separation between the roles of persons who are both public

4-11 servants and private citizens.

4-12 (c) Members of the legislature serve as "citizen legislators" who have

4-13 other occupations and business interests. Each legislator has particular

4-14 philosophies and perspectives that are necessarily influenced by the life

4-15 experiences of that legislator, including, without limitation, professional,

4-16 family and business experiences. Our system assumes that legislators will

4-17 contribute those philosophies and perspectives to the debate over issues

4-18 with which the legislature is confronted. The law concerning ethics in

4-19 government is not intended to require a member of the legislature to

4-20 abstain on issues which might affect his interests, provided those interests

4-21 are properly disclosed and that the benefit or detriment accruing to him

4-22 is not greater than that accruing to any other member of the general

4-23 business, profession, occupation or group.

4-24 Sec. 9. NRS 281.431 is hereby amended to read as follows:

4-25 281.431 As used in NRS 281.411 to 281.581, inclusive, and sections 2

4-29 sections.

4-30 Sec. 10. NRS 281.455 is hereby amended to read as follows:

4-31 281.455 1. The commission on ethics, consisting of [six] eight

4-42 retired from that office for cause.] former public officers or public

5-1 employees, and at least one of whom must be an attorney licensed to

5-2 practice law in this state.

5-3 4. Not more than [three] four members of the commission may be

5-4 members of the same political party. Not more than [three] four members

5-5 may be residents of the same county.

5-6 5. None of the members of the commission may:

5-7 (a) Hold another public office;

5-8 (b) Be actively involved in the work of any political party or political

5-9 campaign; or

5-10 (c) [Appear in person and communicate] Communicate directly with a

5-11 member of the legislative branch on behalf of someone other than himself

5-12 [,] or the commission, for compensation, to influence legislative action,

5-13 while he is serving on the commission.

5-14 6. After the initial terms, the [members shall serve] terms of the

5-15 members are 4 years. Any vacancy in the membership must be filled by the

5-16 appropriate appointing authority for the unexpired term. Each member may

5-17 serve no more than two consecutive full terms.

5-18 Sec. 11. NRS 281.461 is hereby amended to read as follows:

5-38 maintain such facilities as are required to carry out its functions.

5-39 Sec. 12. NRS 281.465 is hereby amended to read as follows:

5-40 281.465 1. The commission has jurisdiction to investigate and take

5-43 officer or employee in any proceeding commenced by:

6-1 [(1)] (a) The filing of a request for an opinion with the commission;

6-2 or

6-3 [(2) A determination of the commission on its]

6-4 (b) The commission’s own motion . [ that there is just and sufficient

6-5 cause to render an opinion concerning the conduct of that public officer or

6-6 employee or former public officer or employee.

6-7 (b) NRS 294A.345 or 294A.346 in any proceeding commenced by the

6-8 filing of a request for an opinion pursuant thereto.]

6-9 2. The provisions [of paragraph (a)] of subsection 1 apply to a public

6-10 officer or employee who:

6-11 (a) Currently holds public office or is publicly employed at the

6-12 commencement of proceedings against him.

6-13 (b) Resigns or otherwise leaves his public office or employment:

6-14 (1) After the commencement of proceedings against him; or

6-15 (2) Within 1 year after the alleged violation or reasonable discovery

6-16 of the alleged violation.

6-17 Sec. 13. NRS 281.471 is hereby amended to read as follows:

6-18 281.471 The commission shall:

6-42 guidance of all persons concerned with ethical standards in government;

7-1 (b) Abstracts of selected opinions rendered pursuant to subsection 2 of

7-2 NRS 281.511; and

7-3 (c) An abstract of the requirements of this chapter.

7-4 The legislative counsel shall prepare annotations to this chapter for

7-5 inclusion in the Nevada Revised Statutes based on the abstracts and

7-6 published opinions of the commission.

7-7 Sec. 14. NRS 281.475 is hereby amended to read as follows:

7-8 281.475 1. The chairman and vice chairman of the commission may

7-42 may report to the district court by petition, setting forth that:

8-1 (a) Due notice has been given of the time and place of attendance of the

8-2 witness or the production of the books and papers;

8-3 (b) The witness has been subpoenaed by the commission pursuant to this

8-4 section; and

8-5 (c) The witness has failed or refused to attend or produce the books and

8-6 papers required by the subpoena before the commission, or has refused to

8-7 answer questions propounded to him, and asking for an order of the court

8-8 compelling the witness to attend and testify or produce the books and

8-9 papers before the commission.

8-10 [4. Except as otherwise provided in this subsection, upon]

8-11 6. Upon such a petition, the court shall enter an order directing the

8-12 witness to appear before the court at a time and place to be fixed by the

8-13 court in its order, the time to be not more than 10 days after the date of the

8-14 order, and then and there show cause why he has not attended, testified or

8-15 produced the books or papers before the commission. [If the witness has

8-16 been subpoenaed by the commission in response to a request for an opinion

8-17 filed pursuant to NRS 294A.345 or 294A.346, the court shall direct the

8-18 witness to appear before the court as expeditiously as possible to allow the

8-19 commission to render its opinion within the time required by NRS

8-20 281.477.] A certified copy of the order must be served upon the witness.

8-21 [5.] 7. If it appears to the court that the subpoena was regularly issued

8-22 by the commission, the court shall enter an order that the witness appear

8-23 before the commission, at the time and place fixed in the order, and testify

8-24 or produce the required books and papers. Upon failure to obey the order

8-25 the witness must be dealt with as for contempt of court.

8-26 Sec. 14.5. NRS 281.481 is hereby amended to read as follows:

8-27 281.481 A code of ethical standards is hereby established to govern the

8-43 pecuniary interest.

9-1 4. A public officer or employee shall not accept any salary, retainer,

9-2 augmentation, expense allowance or other compensation from any private

9-3 source for the performance of his duties as a public officer or employee.

9-4 5. If a public officer or employee acquires, through his public duties or

9-5 relationships, any information which by law or practice is not at the time

9-6 available to people generally, he shall not use the information to further the

9-7 pecuniary interests of himself or any other person or business entity.

9-8 6. A public officer or employee shall not suppress any governmental

9-9 report or other document because it might tend to affect unfavorably his

9-10 pecuniary interests.

9-11 7. A public officer or employee, other than a member of the legislature,

9-12 shall not use governmental time, property, equipment or other facility to

9-13 benefit his personal or financial interest. This subsection does not prohibit:

9-14 (a) A limited use of governmental property, equipment or other facility

9-15 for personal purposes if:

9-16 (1) The public officer who is responsible for and has authority to

9-17 authorize the use of such property, equipment or other facility has

9-18 established a policy allowing the use or the use is necessary as a result of

9-19 emergency circumstances;

9-20 (2) The use does not interfere with the performance of his public

9-21 duties;

9-22 (3) The cost or value related to the use is nominal; and

9-23 (4) The use does not create the appearance of impropriety;

9-24 (b) The use of mailing lists, computer data or other information lawfully

9-25 obtained from a governmental agency which is available to members of the

9-26 general public for nongovernmental purposes; or

9-27 (c) The use of telephones or other means of communication if there is

9-28 not a special charge for that use.

9-29 If a governmental agency incurs a cost as a result of a use that is authorized

9-30 pursuant to this subsection or would ordinarily charge a member of the

9-31 general public for the use, the public officer or employee shall promptly

9-32 reimburse the cost or pay the charge to the governmental agency.

9-33 8. A member of the legislature shall not:

9-34 (a) Use governmental time, property, equipment or other facility for a

9-35 nongovernmental purpose or for the private benefit of himself or any other

9-36 person. This paragraph does not prohibit:

9-37 (1) A limited use of state property and resources for personal

9-38 purposes if:

9-39 (I) The use does not interfere with the performance of his public

9-40 duties;

9-41 (II) The cost or value related to the use is nominal; and

9-42 (III) The use does not create the appearance of impropriety;

10-1 (2) The use of mailing lists, computer data or other information

10-2 lawfully obtained from a governmental agency which is available to

10-3 members of the general public for nongovernmental purposes; or

10-4 (3) The use of telephones or other means of communication if there is

10-5 not a special charge for that use.

10-6 (b) Require or authorize a legislative employee, while on duty, to

10-7 perform personal services or assist in a private activity, except:

10-8 (1) In unusual and infrequent situations where the employee’s service

10-9 is reasonably necessary to permit the legislator or legislative employee to

10-10 perform his official duties; or

10-11 (2) Where such service has otherwise been established as legislative

10-12 policy.

10-13 9. A public officer or employee shall not attempt to benefit his

10-14 personal or financial interest through the influence of a subordinate.

10-15 10. A public officer or employee shall not seek other employment or

10-16 contracts through the use of his official position.

10-17 Sec. 15. NRS 281.501 is hereby amended to read as follows:

10-18 281.501 1. Except as otherwise provided in subsection 2 or 3, a

10-43 commitment in a private capacity to the interests of others.

11-1 3. A public officer or employee shall not approve, disapprove, vote,

11-2 abstain from voting or otherwise act upon any matter:

11-3 (a) Regarding which he has accepted a gift or loan;

11-4 (b) Which would reasonably be affected by his commitment in a private

11-5 capacity to the interest of others; or

11-6 (c) In which he has a pecuniary interest,

11-7 without disclosing [the full nature and extent of] sufficient information

11-8 concerning the gift, loan, commitment or interest [.] to inform the public

11-9 of the potential effect of the action or abstention upon the person who

11-10 provided the gift or loan, upon the person to whom he has a commitment,

11-11 or upon his interest. Except as otherwise provided in subsection 6, such a

11-12 disclosure must be made at the time the matter is considered. If the officer

11-13 or employee is a member of a body which makes decisions, he shall make

11-14 the disclosure in public to the chairman and other members of the body. If

11-15 the officer or employee is not a member of such a body and holds an

11-16 appointive office, he shall make the disclosure to the supervisory head of

11-17 his organization or, if he holds an elective office, to the general public in

11-18 the area from which he is elected. This subsection does not require a

11-19 public officer to disclose any campaign contributions that the public

11-20 officer reported pursuant to NRS 294A.120 or 294A.125 in a timely

11-21 manner.

11-22 4. If a [member of the legislative branch] public officer declares to the

11-23 [legislative] body or committee in which the vote is to be taken that he will

11-24 abstain from voting because of the requirements of this section, the

11-25 necessary quorum to act upon and the number of votes necessary to act

11-26 upon the matter, as fixed by any statute, ordinance or rule, is reduced as

11-27 though the member abstaining were not a member of the body or

11-28 committee.

11-29 5. If a [member of the legislative branch] public officer is voting on a

11-30 matter which affects public employees, he shall make a full public

11-31 disclosure of any personal pecuniary interest which he may have in the

11-32 matter.

11-33 6. After a member of the [legislative branch] legislature makes a

11-34 disclosure pursuant to subsection 3, he may file with the director of the

11-35 legislative counsel bureau a written statement of his disclosure. The written

11-36 statement must designate the matter to which the disclosure applies. After a

11-37 legislator files a written statement pursuant to this subsection, he is not

11-38 required to disclose orally his interest when the matter is further considered

11-39 by the legislature or any committee thereof. A written statement of

11-40 disclosure is a public record and must be made available for inspection by

11-41 the public during the regular office hours of the legislative counsel bureau.

12-1 Sec. 16. NRS 281.511 is hereby amended to read as follows:

12-2 281.511 1. The commission shall render an opinion interpreting the

12-43 sufficient cause to render an opinion.]

13-1 The commission shall not [determine that there is just and sufficient cause

13-2 to render an opinion without extending the public officer or employee an

13-3 opportunity to appear before the commission and present evidence and

13-4 argument.

13-5 3. The commission shall] render an opinion interpreting the statutory

13-6 ethical standards or apply those standards to a given set of facts and

13-7 circumstances if the request is submitted by a person who is incarcerated

13-8 in a correctional facility in this state.

13-9 3. Upon receipt of a request for an opinion by the commission or

13-10 upon the motion of the commission pursuant to subsection 2, the

13-11 executive director shall investigate the facts and circumstances relating

13-12 to the request to determine whether there is just and sufficient cause for

13-13 the commission to render an opinion in the matter. The public officer or

13-14 employee that is the subject of the request may submit to the executive

13-15 director any information relevant to the request. The executive director

13-16 shall complete an investigation and present his recommendation relating

13-17 to just and sufficient cause to the panel within 15 days after the receipt of

13-18 or the motion of the commission for the request, unless the panel extends

13-19 the time for a period not to exceed 30 days upon the request of the

13-20 executive director for good cause shown or the request of the public

13-21 officer or employee. If the executive director determines after an

13-22 investigation that just and sufficient cause exists for the commission to

13-23 render an opinion in the matter, he shall state such a recommendation in

13-24 writing, including, without limitation, the specific evidence that supports

13-25 his recommendation. If, after an investigation, the executive director

13-26 does not determine that just and sufficient cause exists for the

13-27 commission to render an opinion in the matter, he shall state such a

13-28 recommendation in writing, including, without limitation, the specific

13-29 reasons for his recommendation. Within 15 days after the executive

13-30 director has provided his recommendation in the matter to the panel, the

13-31 panel shall make a final determination regarding whether just and

13-32 sufficient cause exists for the commission to render an opinion in the

13-33 matter, unless the commission extends the time for a period not to exceed

13-34 30 days upon the request of the panel for good cause shown or the

13-35 request of the public officer or employee. The panel shall not determine

13-36 that there is just and sufficient cause for the commission to render an

13-37 opinion unless the panel has provided the public officer or employee an

13-38 opportunity to respond to the allegations against him. The panel shall

13-39 cause a record of its proceedings in each matter to be kept and such a

13-40 record must remain confidential until the panel determines whether there

13-41 is just and sufficient cause for the commission to render an opinion in

13-42 the matter.

14-1 4. If the panel determines that just and sufficient cause exists for the

14-2 commission to render an opinion requested pursuant to this section [as

14-3 expeditiously as possible in light of the circumstances of the public officer

14-4 or employee about whom the opinion is requested, so as to minimize

14-5 adverse consequences to him that may result from a delay in issuing the

14-6 opinion.

14-7 4.] , the commission shall hold a hearing and render an opinion in the

14-8 matter within 30 days after the determination of just and sufficient cause

14-9 by the panel, unless the commission extends the time for a period not to

14-10 exceed 30 days for good cause shown or upon the request of the public

14-11 officer or employee.

14-12 5. Each request for an opinion that a public officer or employee

14-13 submits to the commission pursuant to subsection 1, each opinion rendered

14-14 by the commission in response to such a request and any motion,

14-15 [preliminary] determination, evidence or record of a hearing relating to

14-16 such a request are confidential unless the public officer or employee who

14-17 requested the opinion:

14-18 (a) Acts in contravention of the opinion, in which case the commission

14-19 may disclose the request for the opinion, the contents of the opinion and

14-20 any motion, evidence or record of a hearing related thereto;

14-21 (b) Discloses the request for the opinion, the contents of the opinion or

14-22 any motion, evidence or record of a hearing related thereto; or

14-23 (c) Requests the commission to disclose the request for the opinion, the

14-24 contents of the opinion or any motion, evidence or record of a hearing

14-25 related thereto.

14-26 [5.] 6. Except as otherwise provided in this subsection, each document

14-27 in the possession of the commission or its staff that is related to a request

14-28 for an opinion regarding a public officer or employee submitted to or

14-29 initiated by the commission pursuant to [paragraph (b) of] subsection 2,

14-30 including , without limitation, the commission’s copy of the request and all

14-31 materials and information gathered in an investigation of the request, is

14-32 confidential until the [commission] panel determines whether there is just

14-33 and sufficient cause to render an opinion in the matter. The public officer

14-34 or employee who is the subject of a request for an opinion submitted or

14-35 initiated pursuant to [paragraph (b) of] subsection 2 may in writing

14-36 authorize the commission to make its files, material and information which

14-37 are related to the request publicly available.

14-38 [6.] 7. Except as otherwise provided in paragraphs (a) and (b), the

14-39 proceedings of a panel are confidential until the panel determines

14-40 whether there is just and sufficient cause to render an opinion. A person

14-41 who:

14-42 (a) Requests an opinion from the commission pursuant to paragraph

14-43 (b) of subsection 2 may:

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

15-2 public officer or employee underlying the request that he filed with the

15-3 commission or the substance of testimony, if any, that he gave before the

15-4 commission.

15-5 (2) After the panel determines whether there is just and sufficient

15-6 cause to render an opinion in the matter, reveal to a third party the fact

15-7 that he requested an opinion from the commission.

15-8 (b) Gives testimony before the commission may:

15-9 (1) At any time, reveal to a third party the substance of testimony

15-10 that he gave before the commission.

15-11 (2) After the panel determines whether there is just and sufficient

15-12 cause to render an opinion in the matter, reveal to a third party the fact

15-13 that he gave testimony before the commission.

15-14 8. Whenever the commission holds a hearing [for a purpose other than

15-15 to determine whether there is just and sufficient cause to render an opinion

15-16 in a matter,] pursuant to this section, the commission shall:

15-17 (a) Notify the person about whom the opinion was requested of the place

15-18 and time of the commission’s hearing on the matter;

15-19 (b) Allow the person to be represented by counsel; and

15-20 (c) Allow the person to hear the evidence presented to the commission

15-21 and to respond and present evidence on his own behalf.

15-22 The commission’s hearing may be held no sooner than [2 weeks] 10 days

15-23 after the notice is given unless the person agrees to a shorter time.

15-24 [7.] 9. If a person who is not a party to a hearing before the

15-25 commission, including, without limitation, a person who has requested

15-26 an opinion pursuant to paragraph (a) or (b) of subsection 2, wishes to

15-27 ask a question of a witness at the hearing, the person must submit the

15-28 question to the executive director in writing. The executive director may

15-29 submit the question to the commission if he deems the question relevant

15-30 and appropriate. This subsection does not require the commission to ask

15-31 any question submitted by a person who is not a party to the proceeding.

15-32 10. If a person who requests an opinion pursuant to subsection 1 or 2

15-33 does not:

15-34 (a) Submit all necessary information to the commission; and

15-35 (b) Declare by oath or affirmation that he will testify truthfully,

15-36 the commission may decline to render an opinion.

15-37 [8.] 11. For good cause shown, the commission may take testimony

15-38 from a person by telephone or video conference.

15-39 12. For the purposes of NRS 41.032, the members of the commission

15-40 and its employees shall be deemed to be exercising or performing a

15-41 discretionary function or duty when taking an action related to the

15-42 rendering of an opinion pursuant to this section.

16-1 [9. The commission shall publish hypothetical opinions which are

16-2 abstracted from the opinions rendered pursuant to subsection 1, for the

16-3 future guidance of all persons concerned with ethical standards in

16-4 government.

16-5 10.] 13. A meeting or hearing that the commission or the panel holds

16-6 to receive information or evidence concerning the propriety of the conduct

16-7 of a public officer or employee pursuant to this section and the

16-8 [commission’s] deliberations of the commission and the panel on such

16-9 information or evidence are not subject to the provisions of chapter 241 of

16-10 NRS.

16-11 Sec. 16.5. NRS 281.521 is hereby amended to read as follows:

16-12 281.521 1. The commission’s opinions may include guidance to a

16-28 294A of NRS.

16-29 Sec. 17. NRS 281.531 is hereby amended to read as follows:

16-30 281.531 1. The attorney general shall assign an attorney employed

16-43 time set forth in subsection 4 of NRS 281.511. The commission counsel

17-1 shall not issue written opinions concerning the applicability of the

17-2 statutory ethical standards to a given set of facts and circumstances

17-3 except as directed by the commission.

17-4 2. The commission may rely upon the legal advice of the commission

17-5 counsel in conducting its daily operations.

17-6 3. If the commission counsel is prohibited from acting on a

17-7 particular matter pursuant to NRS 281.501, he shall disclose the reasons

17-8 therefor to the chairman and the attorney general shall appoint a deputy

17-9 to act in the place of the commission counsel for that particular matter.

17-10 Sec. 18. NRS 281.551 is hereby amended to read as follows:

17-11 281.551 1. In addition to any other penalty provided by law, the

17-42 including any recall or special election, the commission may impose on the

18-1 person who committed such a violation a civil penalty not to exceed

18-2 $30,000.

18-3 5.] If the commission finds that [a] :

18-4 (a) A willful violation of this chapter has been committed by a public

18-5 officer removable from office by impeachment only, it shall file a report

18-6 with the appropriate person responsible for commencing impeachment

18-7 proceedings as to its finding. The report must contain a statement of the

18-8 facts alleged to constitute the violation.

18-9 [6.] (b) A willful violation of this chapter has been committed by a

18-10 public officer removable from office pursuant to NRS 283.440, the

18-11 commission may file a proceeding in the appropriate court for removal of

18-12 the officer.

18-13 (c) Three or more willful violations have been committed by a public

18-14 officer removable from office pursuant to NRS 283.440, the commission

18-15 shall file a proceeding in the appropriate court for removal of the officer.

18-16 5. An action taken by a public officer or employee or former public

18-17 officer or employee relating to NRS 281.481, 281.491, 281.501 or 281.505

18-18 is not a willful violation of a provision of those sections if the public officer

18-19 or employee:

18-20 (a) Relied in good faith upon the advice of the legal counsel retained by

18-21 the public body which the public officer represents or by the employer of

18-22 the public employee [;] or upon the manual published by the commission

18-23 pursuant to NRS 281.471;

18-24 (b) Was unable, through no fault of his own, to obtain an opinion from

18-25 the commission before the action was taken; and

18-26 (c) Took action that was not contrary to a prior published opinion issued

18-27 by the commission . [to the public officer or employee.

18-28 7.] 6. In addition to other penalties provided by law, a public employee

18-29 who willfully violates a provision of NRS 281.481, 281.491, 281.501 or

18-30 281.505 is subject to disciplinary proceedings by his employer and must be

18-31 referred for action in accordance to the applicable provisions governing his

18-32 employment.

18-33 [8.] 7. NRS 281.481 to 281.541, inclusive, do not abrogate or decrease

18-34 the effect of the provisions of the Nevada Revised Statutes which define

18-35 crimes or prescribe punishments with respect to the conduct of public

18-36 officers or employees.

18-37 [9.] If the commission finds that a public officer or employee has

18-38 committed a willful violation of this chapter which it believes may also

18-39 constitute a criminal offense, the commission shall refer the matter to the

18-40 attorney general or the district attorney, as appropriate, for a

18-41 determination of whether a crime has been committed that warrants

18-42 prosecution.

19-1 8. The imposition of a civil penalty pursuant to [subsections 1 to 4,

19-2 inclusive,] subsection 1, 2 or 3 is a final decision for the purposes of

19-3 judicial review.

19-4 [10.] 9. In determining for the purposes of this section whether a

19-5 person submitted an accusation or information in bad faith or with a

19-6 vexatious purpose, the commission may consider various factors, including,

19-7 without limitation:

19-8 (a) When the accusation or information was filed with or provided to the

19-9 commission;

19-10 (b) Whether and, if applicable, in what manner the person who

19-11 submitted the accusation or information publicly disseminated the

19-12 accusation or information before the commission determined whether there

19-13 was just and sufficient cause to render an opinion in the matter;

19-14 (c) Whether the accusation or information sets forth alleged facts or

19-15 details that are misleading or deceptive; and

19-16 (d) Whether the accusation or information or the conduct of the person

19-17 who submitted the accusation or information:

19-18 (1) Would be perceived as annoying or harassing by a reasonable

19-19 person; or

19-20 (2) Demonstrates conscious disregard for the process and procedures

19-21 established by the commission.

19-22 10. A finding by the commission that a public officer or employee

19-23 has violated any provision of this chapter must be supported by a

19-24 preponderance of the evidence unless a greater burden is otherwise

19-25 prescribed by law.

19-26 Sec. 19. NRS 281.553 is hereby amended to read as follows:

19-27 281.553 1. A public officer or public employee shall not accept or

19-43 term does not include the payment of:

20-1 (a) The actual and necessary costs incurred by the public officer or

20-2 public employee, his spouse or his aid for transportation and for lodging

20-3 and meals while the public officer or public employee is away from his

20-4 residence.

20-5 (b) Compensation which would otherwise have been earned by the

20-6 public officer or public employee in the normal course of his public office

20-7 or employment.

20-8 (c) A fee for a speech related to the officer’s or employee’s profession

20-9 or occupation outside of his public office or employment if:

20-10 (1) Other members of the profession or occupation are ordinarily

20-11 compensated for such a speech; and

20-12 (2) The fee paid to the public officer or public employee is

20-13 approximately the same as the fee that would be paid to a member of the

20-14 private sector whose qualifications are similar to those of the officer or

20-15 employee for a comparable speech.

20-16 (d) A fee for a speech delivered to an organization of legislatures,

20-17 legislators or other elected officers.

20-18 5. A public officer or public employee who violates the provisions of

20-19 this section is guilty of a gross misdemeanor and, upon conviction, forfeits

20-20 the amount of the honorarium.

20-21 Sec. 19.5. NRS 281.581 is hereby amended to read as follows:

20-22 281.581 1. A candidate or public or judicial officer who fails to file

20-38 general fund.

20-39 4. If the commission waives a civil penalty pursuant to subsection 2,

20-40 the commission shall:

20-41 (a) Create a record which sets forth that the civil penalty has been

20-42 waived and describes the circumstances that constitute the good cause

20-43 shown; and

21-1 (b) Ensure that the record created pursuant to paragraph (a) is

21-2 available for review by the general public.

21-3 Sec. 20. NRS 197.110 is hereby amended to read as follows:

21-4 197.110 Every public officer who:

21-14 be punished as provided in NRS 193.130.

21-15 Sec. 21. NRS 197.170 is hereby amended to read as follows:

21-16 197.170 A public officer or employee who [asks,] :

21-30 order the person to pay restitution.

21-31 Sec. 22. NRS 218.926 is hereby amended to read as follows:

21-32 218.926 1. Each registrant shall file with the director within 30 days

21-43 registrant if the expenditures were made with the registrant’s express or

22-1 implied consent or were ratified by the registrant. Except as otherwise

22-2 provided in subsection 4, the report must identify each legislator and each

22-3 organization whose primary purpose is to provide support for legislators of

22-4 a particular political party and house on whose behalf expenditures were

22-5 made , must identify the governor if expenditures were made on behalf of

22-6 the governor, and must be itemized with respect to each such legislator and

22-7 organization [.] and, if applicable, the governor. An expenditure on behalf

22-8 of a person other than the governor, a legislator or an organization whose

22-9 primary purpose is to provide support for legislators of a particular political

22-10 party and house need not be reported pursuant to this section unless the

22-11 expenditure is made for the benefit of the governor, a legislator or such an

22-12 organization.

22-13 2. If expenditures made by or on behalf of a registrant during the

22-14 previous month exceed $50, the report must include a compilation of

22-15 expenditures, itemized in the manner required by the regulations of the

22-16 legislative commission, in the following categories:

22-17 (a) Entertainment;

22-18 (b) Expenditures made in connection with a party or similar event

22-19 hosted by the organization represented by the registrant;

22-20 (c) Gifts and loans, including money, services and anything of value

22-21 provided to the governor, to a legislator, to an organization whose primary

22-22 purpose is to provide support for legislators of a particular political party

22-23 and house, or to any other person for the benefit of the governor, a

22-24 legislator or such an organization; and

22-25 (d) Other expenditures directly associated with legislative action, not

22-26 including personal expenditures for food, lodging and travel expenses or

22-27 membership dues.

22-28 3. The legislative commission may authorize an audit or investigation

22-29 by the legislative auditor that is proper and necessary to verify compliance

22-30 with the provisions of this section. A lobbyist shall make available to the

22-31 legislative auditor all books, accounts, claims, reports, vouchers and other

22-32 records requested by the legislative auditor in connection with any such

22-33 audit or investigation. The legislative auditor shall confine his requests for

22-34 such records to those which specifically relate to the lobbyist’s compliance

22-35 with the reporting requirements of this section.

22-36 4. A report filed pursuant to this section must not itemize with respect

22-37 to the governor and each legislator an expenditure if the expenditure is the

22-38 cost of a function to which every legislator was invited. For the purposes of

22-39 this subsection, "function" means a party, meal or other social event.

22-40 Sec. 23. NRS 294A.410 is hereby amended to read as follows:

22-41 294A.410 1. [Except as otherwise provided in NRS 294A.345 and

22-43 violated, the secretary of state may:

23-1 (a) Conduct an investigation concerning the alleged violation and cause

23-2 the appropriate proceedings to be instituted and prosecuted in the first

23-3 judicial district court; or

23-4 (b) Refer the alleged violation to the attorney general. The attorney

23-5 general shall investigate the alleged violation and institute and prosecute

23-6 the appropriate proceedings in the first judicial district court without delay.

23-7 2. A person who believes that any provision of this chapter has been

23-8 violated may notify the secretary of state, in writing, of the alleged

23-9 violation. The notice must be signed by the person alleging the violation

23-10 and include any information in support of the alleged violation.

23-11 Sec. 24. NRS 294A.420 is hereby amended to read as follows:

23-12 294A.420 1. If the secretary of state receives information that a

23-36 is late.

23-37 4. For good cause shown, the secretary of state may waive a civil

23-38 penalty that would otherwise be imposed pursuant to this section. If the

23-39 secretary of state waives a civil penalty pursuant to this subsection, the

23-40 secretary of state shall:

23-41 (a) Create a record which sets forth that the civil penalty has been

23-42 waived and describes the circumstances that constitute the good cause

23-43 shown; and

24-1 (b) Ensure that the record created pursuant to paragraph (a) is

24-2 available for review by the general public.

24-3 Sec. 25. NRS 281.477, 294A.345 and 294A.346 are hereby repealed.

24-4 Sec. 26. The amendatory provisions of this act do not apply to conduct

24-5 that occurred before October 1, 1999 or to the jurisdiction, duties, powers

24-6 or proceedings of the commission on ethics relating to such conduct.

24-7 Sec. 27. Section 19.5 of this act becomes effective at 12:01 a.m. on

24-8 October 1, 1999.

24-9 TEXT OF REPEALED SECTIONS

24-10 281.477 Public hearing on request for opinion as to whether

24-11 person committed act to impede success of political campaign:

24-12 Request; notice; response; continuance; actions of commission;

24-13 judicial review of final opinion.

24-14 1. If a request for an opinion is filed with the commission pursuant to

24-15 NRS 294A.345 or 294A.346, the commission shall conduct a public

24-16 hearing on the request. Except as otherwise provided in subsection 6, the

24-17 hearing must be held as expeditiously as possible, but not later than 15 days

24-18 after the receipt of the request for the opinion.

24-19 2. Such a request must be accompanied by all evidence and arguments

24-20 to be offered by the requester concerning the issues related to the request.

24-21 Except as otherwise provided in this subsection, if such evidence and

24-22 arguments are not submitted with the request, the commission may:

24-23 (a) Draw any conclusions it deems appropriate from the failure of the

24-24 person or group of persons requesting the opinion to submit the evidence

24-25 and arguments, other than a conclusion that a person alleged to have

24-26 violated NRS 294A.345 acted with actual malice; and

24-27 (b) Decline to render an opinion.

24-28 The provisions of this subsection do not prohibit the commission from

24-29 considering evidence or arguments presented by the requester after

24-30 submission of the request for an opinion if the commission determines that

24-31 consideration of such evidence or arguments is in the interest of justice.

24-32 3. The commission shall immediately notify any person alleged to have

24-33 violated NRS 294A.345 or 294A.346 that such an opinion has been

24-34 requested by the most expedient means possible. If notice is given orally by

24-35 telephone or in any other manner, a second notice must be given in writing

25-1 no later than the next calendar day by facsimile machine or overnight mail.

25-2 The notice must include the time and place of the commission’s hearing on

25-3 the matter.

25-4 4. A person notified pursuant to subsection 3 shall submit a response to

25-5 the commission no later than at the close of business on the second business

25-6 day following the receipt of the notice. The response must be accompanied

25-7 by any evidence concerning the issues related to the request that the person

25-8 has in his possession or may obtain without undue financial hardship.

25-9 Except as otherwise provided in this subsection, if such evidence is not

25-10 submitted within that time, the commission may:

25-11 (a) Draw any conclusions it deems appropriate from the failure of that

25-12 person to submit the evidence and argument; and

25-13 (b) Prohibit that person from responding and presenting evidence at the

25-14 hearing.

25-15 The provisions of this subsection do not prohibit the commission from

25-16 allowing that person to respond and present evidence or arguments, or both,

25-17 after the close of business on the second business day if the commission

25-18 determines that consideration of such evidence or arguments is in the

25-19 interest of justice.

25-20 5. Except as otherwise provided in subsection 4, the commission shall

25-21 allow any person alleged to have violated NRS 294A.345 or 294A.346 to:

25-22 (a) Be represented by counsel; and

25-23 (b) Hear the evidence presented to the commission and respond and

25-24 present evidence on his own behalf.

25-25 6. At the request of:

25-26 (a) The person or group of persons that filed the request for the opinion

25-27 pursuant to NRS 294A.345 or 294A.346; or

25-28 (b) The person alleged to have violated the provisions of NRS

25-29 294A.345 or 294A.346,

25-30 the commission may grant a continuance of a hearing held pursuant to the

25-31 provisions of this section upon a showing of the existence of extraordinary

25-32 circumstances that would prohibit the commission from rendering a fair and

25-33 impartial opinion. A continuance may be granted for not more than 15

25-34 days. Not more than one continuance may be granted by the commission

25-35 pursuant to this subsection.

25-36 7. The person or group of persons that filed the request for the opinion

25-37 pursuant to NRS 294A.345 or 294A.346 has the burden of proving the

25-38 elements of the offense, including that a person alleged to have violated

25-39 NRS 294A.345 acted with actual malice. The existence of actual malice

25-40 may not be presumed. A final opinion of the commission rendered pursuant

25-41 to this section must be supported by clear and convincing evidence.

25-42 8. The commission shall render its opinion, or decline to render an

25-43 opinion, as expeditiously as possible, but not later than 3 days after the date

26-1 of the hearing. If additional time is required to determine the state of mind

26-2 or the intent of the person alleged to have violated the provisions of NRS

26-3 294A.345 or 294A.346 or to determine the amount of any civil penalty that

26-4 may be imposed pursuant to NRS 281.551, the commission may continue

26-5 its jurisdiction to investigate those issues but shall render its opinion as to

26-6 the truth or falsity of the statement made concerning the candidate or the

26-7 ballot question or its opinion as to whether the person impeded the success

26-8 of the campaign or induced another person to impede the success of the

26-9 campaign. If the commission continues its jurisdiction pursuant to this

26-10 subsection, it may render a final opinion after the time set forth in this

26-11 subsection.

26-12 9. A final opinion of the commission rendered pursuant to this section

26-13 is subject to judicial review pursuant to NRS 233B.130. The district court

26-14 shall give a petition for judicial review of a final opinion of the commission

26-15 priority over other civil matters that are not expressly given priority by law.

26-16 Notwithstanding the provisions of NRS 233B.130, the court may provide

26-17 for such expedited review of the final opinion, including shortened periods

26-18 for filing documents, as it deems appropriate for the circumstances.

26-19 10. Each request for an opinion filed pursuant to NRS 294A.345 or

26-20 294A.346, each opinion rendered by the commission pursuant thereto and

26-21 any motion, evidence or record of a hearing relating to the request are

26-22 public and must be open to inspection pursuant to NRS 239.010.

26-23 11. For the purposes of NRS 41.032, the members of the commission

26-24 and its employees shall be deemed to be exercising or performing a

26-25 discretionary function or duty when taking any action related to the

26-26 rendering of an opinion pursuant to this section.

26-27 12. Except as otherwise provided in this section, a meeting or hearing

26-28 held by the commission to carry out the provisions of this section and the

26-29 commission’s deliberations on the information or evidence are not subject

26-30 to any provision of chapter 241 of NRS.

26-31 294A.345 Causing publication of certain false statements of fact

26-32 concerning candidate or ballot question during campaign prohibited;

26-33 civil penalty imposed by commission on ethics.

26-34 1. A person shall not, with actual malice and the intent to impede the

26-35 success of the campaign of a candidate, cause to be published a false

26-36 statement of fact concerning the candidate, including, without limitation,

26-37 statements concerning:

26-38 (a) The education or training of the candidate.

26-39 (b) The profession or occupation of the candidate.

26-40 (c) Whether the candidate committed, was indicted for committing or

26-41 was convicted of committing a felony or other crime involving moral

26-42 turpitude, dishonesty or corruption.

26-43 (d) Whether the candidate has received treatment for a mental illness

26-44 .

27-1 (e) Whether the candidate was disciplined while serving in the military

27-2 or was dishonorably discharged from service in the military.

27-3 (f) Whether another person endorses or opposes the candidate.

27-4 (g) The record of voting of a candidate if he formerly served or

27-5 currently serves as a public officer.

27-6 2. A person shall not, with actual malice and the intent to impede the

27-7 success of a campaign for the passage or defeat of a question on the ballot

27-8 at any election, including any recall or special election, cause to be

27-9 published a false statement of fact concerning the question on the ballot.