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. 3.5. "Vexatious" means lacking justification and intended to

1-8 harass.

2-1 Sec. 4. "Willful violation" means the public officer or employee

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

2-3 chapter.

2-4 Sec. 5. 1. The commission shall appoint, within the limits of

2-5 legislative appropriation, an executive director who shall perform the

2-6 duties set forth in this chapter and such other duties as may be prescribed

2-7 by the commission.

2-8 2. The executive director must have experience in administration,

2-9 law enforcement, investigations or law.

2-10 3. The executive director is in the unclassified service of the state.

2-11 4. The executive director shall devote his entire time and attention to

2-12 the business of the commission and shall not pursue any other business

2-13 or occupation or hold any other office of profit that detracts from the full

2-14 and timely performance of his duties.

2-18 (b) Communicate directly or indirectly with a member of the

2-19 legislative branch on behalf of someone other than himself to influence

2-20 legislative action, except in pursuit of the business of the commission.

2-21 Sec. 5.5. 1. The commission shall appoint, within the limits of

2-22 legislative appropriation, a commission counsel who shall perform the

2-23 duties set forth in this chapter and such other duties as may be prescribed

2-24 by the commission.

2-25 2. The commission counsel must be an attorney who is licensed to

2-26 practice law in this state.

2-27 3. The commission counsel is in the unclassified service of the state.

2-28 4. The commission counsel shall devote his entire time and attention

2-29 to the business of the commission and shall not pursue any other

2-30 business or occupation or hold any other office of profit that detracts

2-31 from the full and timely performance of his duties.

2-32 5. The commission counsel may not:

2-33 (a) Be actively involved in the work of any political party or political

2-34 campaign; or

2-35 (b) Communicate directly or indirectly with a member of the

2-36 legislative branch on behalf of someone other than himself to influence

2-37 legislative action, except in pursuit of the business of the commission.

2-38 Sec. 6. 1. In addition to any other duties imposed upon him, the

2-39 executive director shall:

2-40 (a) Maintain complete and accurate records of all transactions and

2-41 proceedings of the commission.

3-1 (b) Receive requests for opinions pursuant to NRS 281.511, 294A.345

3-2 or 294A.346.

3-3 (c) Gather information and conduct investigations regarding requests

3-4 for opinions received by the commission and submit recommendations to

3-5 the panel appointed pursuant to section 8 of this act regarding whether

3-6 there is just and sufficient cause to render an opinion in response to a

3-7 particular request.

3-8 (d) Recommend to the commission any regulations or legislation that

3-9 he considers desirable or necessary to improve the operation of the

3-10 commission and maintain high standards of ethical conduct in

3-11 government.

3-12 (e) Upon the request of any public officer or the employer of a public

3-13 employee, conduct training on the requirements of this chapter, the rules

3-14 and regulations adopted by the commission and previous opinions of the

3-15 commission. In any such training, the executive director shall emphasize

3-16 that he is not a member of the commission and that only the commission

3-17 may issue opinions concerning the application of the statutory ethical

3-18 standards to any given set of facts and circumstances. The commission

3-19 shall charge a reasonable fee to cover the costs of training provided by

3-20 the executive director pursuant to this subsection.

3-21 (f) Perform such other duties, not inconsistent with law, as may be

3-22 required by the commission.

3-23 2. The executive director shall, within the limits of legislative

3-24 appropriation, employ such persons as are necessary to carry out any of

3-25 his duties relating to:

3-26 (a) The administration of the affairs of the commission;

3-27 (b) The review of statements of financial disclosure; and

3-28 (c) The investigation of matters under the jurisdiction of the

3-29 commission.

3-30 Sec. 7. Every public officer shall acknowledge that he has received,

3-31 read and understands the statutory ethical standards. The

3-32 acknowledgment must be on a form prescribed by the commission and

3-33 must accompany the first statement of financial disclosure that the public

3-34 officer is required to file with the commission pursuant to NRS 281.561.

3-35 Willful refusal to execute and file the acknowledgment required by this

3-36 subsection constitutes nonfeasance in office and is a ground for removal

3-37 pursuant to NRS 283.440.

3-38 Sec. 8. 1. The chairman shall appoint one or more panels of two

3-39 members of the commission on a rotating basis to review the

3-40 determinations of just and sufficient cause made by the executive

3-41 director pursuant to NRS 281.511 and make a final determination

3-42 regarding whether just and sufficient cause exists for the commission to

3-43 render an opinion.

4-1 2. The chairman and vice chairman of the commission may not serve

4-2 together on a panel.

4-3 3. The members of a panel may not be members of the same political

4-4 party.

4-5 4. If a panel finds just and sufficient cause for the commission to

4-6 render an opinion in a matter, the members of the panel shall not

4-7 participate in any further proceedings of the commission relating to that

4-8 matter.

4-9 Sec. 8.5. NRS 281.421 is hereby amended to read as follows:

4-10 281.421 1. It is hereby declared to be the public policy of this state

4-24 servants and private citizens.

4-25 (c) Members of the legislature serve as "citizen legislators" who have

4-26 other occupations and business interests. Each legislator has particular

4-27 philosophies and perspectives that are necessarily influenced by the life

4-28 experiences of that legislator, including, without limitation, professional,

4-29 family and business experiences. Our system assumes that legislators will

4-30 contribute those philosophies and perspectives to the debate over issues

4-31 with which the legislature is confronted. The law concerning ethics in

4-32 government is not intended to require a member of the legislature to

4-33 abstain on issues which might affect his interests, provided those interests

4-34 are properly disclosed and that the benefit or detriment accruing to him

4-35 is not greater than that accruing to any other member of the general

4-36 business, profession, occupation or group.

4-37 Sec. 9. NRS 281.431 is hereby amended to read as follows:

4-38 281.431 As used in NRS 281.411 to 281.581, inclusive, and sections 2

4-42 sections.

5-1 Sec. 10. NRS 281.455 is hereby amended to read as follows:

5-2 281.455 1. The commission on ethics, consisting of [six] eight

5-30 serve no more than two consecutive full terms.

5-31 Sec. 11. NRS 281.461 is hereby amended to read as follows:

5-43 and travel expenses provided for state officers and employees generally.

6-1 4. [The commission shall, within the limits of legislative appropriation,

6-2 employ such persons as are necessary to carry out any of its duties relating

6-3 to:

6-4 (a) The administration of its affairs;

6-5 (b) The review of statements of financial disclosure; and

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

6-7 5.] The commission may, within the limits of legislative appropriation,

6-8 maintain such facilities as are required to carry out its functions.

6-9 Sec. 12. NRS 281.465 is hereby amended to read as follows:

6-10 281.465 1. The commission has jurisdiction to investigate and take

6-28 of the alleged violation.

6-29 Sec. 13. NRS 281.471 is hereby amended to read as follows:

6-30 281.471 The commission shall:

6-42 inspection.

7-1 3. [Make] Cause the making of such investigations as are reasonable

7-2 and necessary for the rendition of its opinions pursuant to this chapter.

7-3 4. Inform the attorney general or district attorney of all cases of

7-4 noncompliance with the requirements [for disclosure.] of this chapter.

7-5 5. Recommend to the legislature such further legislation as the

7-6 commission considers desirable or necessary to promote and maintain high

7-7 standards of ethical conduct in government.

7-8 6. Publish a manual for the use of public officers and employees that

7-9 contains:

7-10 (a) Hypothetical opinions which are abstracted from opinions

7-11 rendered pursuant to subsection 1 of NRS 281.511, for the future

7-12 guidance of all persons concerned with ethical standards in government;

7-13 (b) Abstracts of selected opinions rendered pursuant to subsection 2 of

7-14 NRS 281.511; and

7-15 (c) An abstract of the requirements of this chapter.

7-16 The legislative counsel shall prepare annotations to this chapter for

7-17 inclusion in the Nevada Revised Statutes based on the abstracts and

7-18 published opinions of the commission.

7-19 Sec. 14. NRS 281.475 is hereby amended to read as follows:

7-20 281.475 1. The chairman and vice chairman of the commission may

7-43 books and papers, and designate with certainty the books and papers

8-1 requested, if any. If the public officer or [other witness] public employee

8-2 fails or refuses to attend at the time and place specified or produce the

8-3 books and papers requested by the [commission, the commission] executive

8-4 director within 5 business days after receipt of the request, the chairman

8-5 may issue the subpoena. Failure of the public officer or public employee

8-6 to comply with the written request of the executive director constitutes

8-7 good cause for extension of the time set forth in subsections 3 and 4 of

8-8 NRS 281.511.

8-9 [3.] 5. If any witness refuses to attend, testify or produce any books

8-10 and papers as required by the subpoena, the chairman of the commission

8-11 may report to the district court by petition, setting forth that:

8-12 (a) Due notice has been given of the time and place of attendance of the

8-13 witness or the production of the books and papers;

8-14 (b) The witness has been subpoenaed by the commission pursuant to this

8-15 section; and

8-16 (c) The witness has failed or refused to attend or produce the books and

8-17 papers required by the subpoena before the commission, or has refused to

8-18 answer questions propounded to him, and asking for an order of the court

8-19 compelling the witness to attend and testify or produce the books and

8-20 papers before the commission.

8-21 [4.] 6. Except as otherwise provided in this subsection, upon such a

8-22 petition, the court shall enter an order directing the witness to appear before

8-23 the court at a time and place to be fixed by the court in its order, the time to

8-24 be not more than 10 days after the date of the order, and then and there

8-25 show cause why he has not attended, testified or produced the books or

8-26 papers before the commission. If the witness has been subpoenaed by the

8-27 commission in response to a request for an opinion filed pursuant to NRS

8-28 294A.345 or 294A.346, the court shall direct the witness to appear before

8-29 the court as expeditiously as possible to allow the commission to render its

8-30 opinion within the time required by NRS 281.477. A certified copy of the

8-31 order must be served upon the witness.

8-32 [5.] 7. If it appears to the court that the subpoena was regularly issued

8-33 by the commission, the court shall enter an order that the witness appear

8-34 before the commission, at the time and place fixed in the order, and testify

8-35 or produce the required books and papers. Upon failure to obey the order

8-36 the witness must be dealt with as for contempt of court.

8-37 Sec. 14.2. NRS 281.477 is hereby amended to read as follows:

8-38 281.477 1. If a request for an opinion is filed with the commission

8-42 15 days after the receipt of the request for the opinion.

9-1 2. Such a request must be accompanied by all evidence and arguments

9-2 to be offered by the requester concerning the issues related to the request.

9-3 Except as otherwise provided in this subsection, if such evidence and

9-4 arguments are not submitted with the request, the commission may:

9-5 (a) Draw any conclusions it deems appropriate from the failure of the

9-6 person or group of persons requesting the opinion to submit the evidence

9-7 and arguments, other than a conclusion that a person alleged to have

9-8 violated NRS 294A.345 acted with actual malice; and

9-9 (b) Decline to render an opinion.

9-10 The provisions of this subsection do not prohibit the commission from

9-11 considering evidence or arguments presented by the requester after

9-12 submission of the request for an opinion if the commission determines that

9-13 consideration of such evidence or arguments is in the interest of justice.

9-14 3. The commission shall immediately notify any person alleged to have

9-15 violated NRS 294A.345 or 294A.346 that such an opinion has been

9-16 requested by the most expedient means possible. If notice is given orally by

9-17 telephone or in any other manner, a second notice must be given in writing

9-18 no later than the next calendar day by facsimile machine or overnight mail.

9-19 The notice must include the time and place of the commission’s hearing on

9-20 the matter.

9-21 4. A person notified pursuant to subsection 3 shall submit a response to

9-22 the commission no later than at the close of business on the second business

9-23 day following the receipt of the notice. The response must be accompanied

9-24 by any evidence concerning the issues related to the request that the person

9-25 has in his possession or may obtain without undue financial hardship.

9-26 Except as otherwise provided in this subsection, if such evidence is not

9-27 submitted within that time, the commission may:

9-28 (a) Draw any conclusions it deems appropriate from the failure of that

9-29 person to submit the evidence and argument; and

9-30 (b) Prohibit that person from responding and presenting evidence at the

9-31 hearing.

9-32 The provisions of this subsection do not prohibit the commission from

9-33 allowing that person to respond and present evidence or arguments, or both,

9-34 after the close of business on the second business day if the commission

9-35 determines that consideration of such evidence or arguments is in the

9-36 interest of justice.

9-37 5. Except as otherwise provided in subsection 4, the commission shall

9-38 allow any person alleged to have violated NRS 294A.345 or 294A.346 to:

9-39 (a) Be represented by counsel; and

9-40 (b) Hear the evidence presented to the commission and respond and

9-41 present evidence on his own behalf.

9-42 6. At the request of:

10-1 (a) The person or group of persons that filed the request for the opinion

10-2 pursuant to NRS 294A.345 or 294A.346; or

10-3 (b) The person alleged to have violated the provisions of NRS

10-4 294A.345 or 294A.346,

10-5 the commission may grant a continuance of a hearing held pursuant to the

10-6 provisions of this section upon a showing of the existence of extraordinary

10-7 circumstances that would prohibit the commission from rendering a fair and

10-8 impartial opinion. A continuance may be granted for not more than 15

10-9 days. Not more than one continuance may be granted by the commission

10-10 pursuant to this subsection.

10-11 7. The person or group of persons that filed the request for the opinion

10-12 pursuant to NRS 294A.345 or 294A.346 has the burden of proving the

10-13 elements of the offense, including that a person alleged to have violated

10-14 NRS 294A.345 acted with actual malice. The existence of actual malice

10-15 may not be presumed. A final opinion of the commission rendered pursuant

10-16 to this section must be supported by clear and convincing evidence. In

10-17 addition to the other requirements for issuing an opinion pursuant to this

10-18 subsection, the commission shall not render a final opinion determining

10-19 that a person has violated NRS 294A.345 or 294A.346 unless a finding

10-20 that each of the elements of the offense has been proven receives the

10-21 affirmative vote of two-thirds of the commission.

10-22 8. The commission shall render its opinion, or decline to render an

10-23 opinion, as expeditiously as possible, but not later than 3 days after the date

10-24 of the hearing. If additional time is required to determine the state of mind

10-25 or the intent of the person alleged to have violated the provisions of NRS

10-26 294A.345 or 294A.346 or to determine the amount of any civil penalty that

10-27 may be imposed pursuant to NRS 281.551, the commission may continue

10-28 its jurisdiction to investigate those issues but shall render its opinion as to

10-29 the truth or falsity of the statement made concerning the candidate or the

10-30 ballot question or its opinion as to whether the person impeded the success

10-31 of the campaign or induced another person to impede the success of the

10-32 campaign. If the commission continues its jurisdiction pursuant to this

10-33 subsection, it may render a final opinion after the time set forth in this

10-34 subsection.

10-35 9. A final opinion of the commission rendered pursuant to this section

10-36 is subject to judicial review pursuant to NRS 233B.130. The district court

10-37 shall give a petition for judicial review of a final opinion of the commission

10-38 priority over other civil matters that are not expressly given priority by law.

10-39 Notwithstanding the provisions of NRS 233B.130, the court may provide

10-40 for such expedited review of the final opinion, including shortened periods

10-41 for filing documents, as it deems appropriate for the circumstances.

10-42 10. Each request for an opinion filed pursuant to NRS 294A.345 or

10-43 294A.346, each opinion rendered by the commission pursuant thereto and

11-1 any motion, evidence or record of a hearing relating to the request are

11-2 public and must be open to inspection pursuant to NRS 239.010.

11-3 11. For the purposes of NRS 41.032, the members of the commission

11-4 and its employees shall be deemed to be exercising or performing a

11-5 discretionary function or duty when taking any action related to the

11-6 rendering of an opinion pursuant to this section.

11-7 12. Except as otherwise provided in this section, a meeting or hearing

11-8 held by the commission to carry out the provisions of this section and the

11-9 commission’s deliberations on the information or evidence are not subject

11-10 to any provision of chapter 241 of NRS.

11-11 Sec. 14.5. NRS 281.481 is hereby amended to read as follows:

11-12 281.481 A code of ethical standards is hereby established to govern the

11-43 for personal purposes if:

12-1 (1) The public officer who is responsible for and has authority to

12-2 authorize the use of such property, equipment or other facility has

12-3 established a policy allowing the use or the use is necessary as a result of

12-4 emergency circumstances;

12-5 (2) The use does not interfere with the performance of his public

12-6 duties;

12-7 (3) The cost or value related to the use is nominal; and

12-8 (4) The use does not create the appearance of impropriety;

12-9 (b) The use of mailing lists, computer data or other information lawfully

12-10 obtained from a governmental agency which is available to members of the

12-11 general public for nongovernmental purposes; or

12-12 (c) The use of telephones or other means of communication if there is

12-13 not a special charge for that use.

12-14 If a governmental agency incurs a cost as a result of a use that is authorized

12-15 pursuant to this subsection or would ordinarily charge a member of the

12-16 general public for the use, the public officer or employee shall promptly

12-17 reimburse the cost or pay the charge to the governmental agency.

12-18 8. A member of the legislature shall not:

12-19 (a) Use governmental time, property, equipment or other facility for a

12-20 nongovernmental purpose or for the private benefit of himself or any other

12-21 person. This paragraph does not prohibit:

12-22 (1) A limited use of state property and resources for personal

12-23 purposes if:

12-24 (I) The use does not interfere with the performance of his public

12-25 duties;

12-26 (II) The cost or value related to the use is nominal; and

12-27 (III) The use does not create the appearance of impropriety;

12-28 (2) The use of mailing lists, computer data or other information

12-29 lawfully obtained from a governmental agency which is available to

12-30 members of the general public for nongovernmental purposes; or

12-31 (3) The use of telephones or other means of communication if there is

12-32 not a special charge for that use.

12-33 (b) Require or authorize a legislative employee, while on duty, to

12-34 perform personal services or assist in a private activity, except:

12-35 (1) In unusual and infrequent situations where the employee’s service

12-36 is reasonably necessary to permit the legislator or legislative employee to

12-37 perform his official duties; or

12-38 (2) Where such service has otherwise been established as legislative

12-39 policy.

12-40 9. A public officer or employee shall not attempt to benefit his

12-41 personal or financial interest through the influence of a subordinate.

12-42 10. A public officer or employee shall not seek other employment or

12-43 contracts through the use of his official position.

13-1 Sec. 15. NRS 281.501 is hereby amended to read as follows:

13-2 281.501 1. Except as otherwise provided in subsection 2 or 3, a

13-43 appointive office, he shall make the disclosure to the supervisory head of

14-1 his organization or, if he holds an elective office, to the general public in

14-2 the area from which he is elected. This subsection does not require a

14-3 public officer to disclose any campaign contributions that the public

14-4 officer reported pursuant to NRS 294A.120 or 294A.125 in a timely

14-5 manner.

14-6 4. If a [member of the legislative branch] public officer declares to the

14-7 [legislative] body or committee in which the vote is to be taken that he will

14-8 abstain from voting because of the requirements of this section, the

14-9 necessary quorum to act upon and the number of votes necessary to act

14-10 upon the matter, as fixed by any statute, ordinance or rule, is reduced as

14-11 though the member abstaining were not a member of the body or

14-12 committee.

14-13 5. If a [member of the legislative branch] public officer is voting on a

14-14 matter which affects public employees, he shall make a full public

14-15 disclosure of any personal pecuniary interest which he may have in the

14-16 matter.

14-17 6. After a member of the [legislative branch] legislature makes a

14-18 disclosure pursuant to subsection 3, he may file with the director of the

14-19 legislative counsel bureau a written statement of his disclosure. The written

14-20 statement must designate the matter to which the disclosure applies. After a

14-21 legislator files a written statement pursuant to this subsection, he is not

14-22 required to disclose orally his interest when the matter is further considered

14-23 by the legislature or any committee thereof. A written statement of

14-24 disclosure is a public record and must be made available for inspection by

14-25 the public during the regular office hours of the legislative counsel bureau.

14-26 7. The provisions of this section do not, under any circumstances:

14-27 (a) Prohibit a member of the legislative branch from requesting or

14-28 introducing a legislative measure; or

14-29 (b) Require a member of the legislative branch to take any particular

14-30 action before or while requesting or introducing a legislative measure.

14-31 8. As used in this section, "commitment in a private capacity to the

14-32 interests of others" means a commitment to a person:

14-33 (a) Who is a member of his household;

14-34 (b) Who is related to him by blood, adoption or marriage within the

14-35 third degree of consanguinity or affinity;

14-36 (c) Who employs him or a member of his household;

14-37 (d) With whom he has a substantial and continuing business

14-38 relationship; or

14-39 (e) Any other commitment or relationship that is substantially similar

14-40 to a commitment or relationship described in this subsection.

14-41 Sec. 16. NRS 281.511 is hereby amended to read as follows:

14-42 281.511 1. The commission shall render an opinion interpreting the

14-43 statutory ethical standards and apply the standards to a given set of facts

15-1 and circumstances upon request from a public officer or employee who is

15-2 seeking guidance on questions which directly relate to the propriety of his

15-3 own past, present or future conduct as an officer or employee. He may also

15-4 request the commission to hold a public hearing regarding the requested

15-5 opinion. If a requested opinion relates to the propriety of his own present or

15-6 future conduct, the opinion of the commission is:

15-7 (a) Binding upon the requester as to his future conduct; and

15-8 (b) Final and subject to judicial review pursuant to NRS 233B.130,

15-9 except that a proceeding regarding this review must be held in closed court

15-10 without admittance of persons other than those necessary to the proceeding,

15-11 unless this right to confidential proceedings is waived by the requester.

15-12 2. The commission may render an opinion interpreting the statutory

15-13 ethical standards and apply the standards to a given set of facts and

15-14 circumstances:

15-15 (a) Upon request from a specialized or local ethics committee.

15-16 (b) [Upon] Except as otherwise provided in this subsection, upon

15-17 request from a person, if the requester:

15-18 (1) Submits all related evidence deemed necessary by the

15-19 [commission for it] executive director and the panel to make a

15-20 [preliminary] determination of whether there is just and sufficient cause to

15-21 render an opinion in the matter; and

15-22 (2) Signs a statement on a form prescribed by the commission in

15-23 which he affirms that:

15-24 (I) The accusation or information contained in the request is true;

15-25 (II) He did not submit the request in bad faith or with a vexatious

15-26 purpose; and

15-27 (III) He understands that the commission may impose penalties

15-28 upon him pursuant to NRS 281.551 if the commission determines that the

15-29 accusation or information is false and was submitted in bad faith [,] or with

15-30 a vexatious purpose . [or in connection with a request for an opinion that

15-31 the commission determines to be without merit.]

15-32 (c) Upon the commission’s own motion regarding the propriety of

15-33 conduct by a public officer or employee . [, if the commission first

15-34 determines in an adopted motion that there is just and sufficient cause to

15-35 render an opinion concerning the conduct of that public officer or

15-36 employee.] The commission shall not initiate proceedings pursuant to this

15-37 paragraph based solely upon an anonymous complaint. [Proceedings that

15-38 the commission initiates pursuant to this paragraph must remain

15-39 confidential unless the commission determines that there is just and

15-40 sufficient cause to render an opinion.]

15-41 The commission shall not [determine that there is just and sufficient cause

15-42 to render an opinion without extending the public officer or employee an

16-1 opportunity to appear before the commission and present evidence and

16-2 argument.

16-3 3. The commission shall] render an opinion interpreting the statutory

16-4 ethical standards or apply those standards to a given set of facts and

16-5 circumstances if the request is submitted by a person who is incarcerated

16-6 in a correctional facility in this state.

16-7 3. Upon receipt of a request for an opinion by the commission or

16-8 upon the motion of the commission pursuant to subsection 2, the

16-9 executive director shall investigate the facts and circumstances relating

16-10 to the request to determine whether there is just and sufficient cause for

16-11 the commission to render an opinion in the matter. The public officer or

16-12 employee that is the subject of the request may submit to the executive

16-13 director any information relevant to the request. The executive director

16-14 shall complete an investigation and present his recommendation relating

16-15 to just and sufficient cause to the panel within 15 days after the receipt of

16-16 or the motion of the commission for the request, unless the panel extends

16-17 the time for a period not to exceed 30 days upon the request of the

16-18 executive director for good cause shown or the request of the public

16-19 officer or employee. If the executive director determines after an

16-20 investigation that just and sufficient cause exists for the commission to

16-21 render an opinion in the matter, he shall state such a recommendation in

16-22 writing, including, without limitation, the specific evidence that supports

16-23 his recommendation. If, after an investigation, the executive director

16-24 does not determine that just and sufficient cause exists for the

16-25 commission to render an opinion in the matter, he shall state such a

16-26 recommendation in writing, including, without limitation, the specific

16-27 reasons for his recommendation. Within 15 days after the executive

16-28 director has provided his recommendation in the matter to the panel, the

16-29 panel shall make a final determination regarding whether just and

16-30 sufficient cause exists for the commission to render an opinion in the

16-31 matter, unless the commission extends the time for a period not to exceed

16-32 30 days upon the request of the panel for good cause shown or the

16-33 request of the public officer or employee. The panel shall not determine

16-34 that there is just and sufficient cause for the commission to render an

16-35 opinion unless the panel has provided the public officer or employee an

16-36 opportunity to respond to the allegations against him. The panel shall

16-37 cause a record of its proceedings in each matter to be kept and such a

16-38 record must remain confidential until the panel determines whether there

16-39 is just and sufficient cause for the commission to render an opinion in

16-40 the matter.

16-41 4. If the panel determines that just and sufficient cause exists for the

16-42 commission to render an opinion requested pursuant to this section [as

16-43 expeditiously as possible in light of the circumstances of the public officer

17-1 or employee about whom the opinion is requested, so as to minimize

17-2 adverse consequences to him that may result from a delay in issuing the

17-3 opinion.

17-4 4.] , the commission shall hold a hearing and render an opinion in the

17-5 matter within 30 days after the determination of just and sufficient cause

17-6 by the panel, unless the commission extends the time for a period not to

17-7 exceed 30 days for good cause shown or upon the request of the public

17-8 officer or employee.

17-9 5. Each request for an opinion that a public officer or employee

17-10 submits to the commission pursuant to subsection 1, each opinion rendered

17-11 by the commission in response to such a request and any motion,

17-12 [preliminary] determination, evidence or record of a hearing relating to

17-13 such a request are confidential unless the public officer or employee who

17-14 requested the opinion:

17-15 (a) Acts in contravention of the opinion, in which case the commission

17-16 may disclose the request for the opinion, the contents of the opinion and

17-17 any motion, evidence or record of a hearing related thereto;

17-18 (b) Discloses the request for the opinion, the contents of the opinion or

17-19 any motion, evidence or record of a hearing related thereto; or

17-20 (c) Requests the commission to disclose the request for the opinion, the

17-21 contents of the opinion or any motion, evidence or record of a hearing

17-22 related thereto.

17-23 [5.] 6. Except as otherwise provided in this subsection, each document

17-24 in the possession of the commission or its staff that is related to a request

17-25 for an opinion regarding a public officer or employee submitted to or

17-26 initiated by the commission pursuant to [paragraph (b) of] subsection 2,

17-27 including , without limitation, the commission’s copy of the request and all

17-28 materials and information gathered in an investigation of the request, is

17-29 confidential until the [commission] panel determines whether there is just

17-30 and sufficient cause to render an opinion in the matter. The public officer

17-31 or employee who is the subject of a request for an opinion submitted or

17-32 initiated pursuant to [paragraph (b) of] subsection 2 may in writing

17-33 authorize the commission to make its files, material and information which

17-34 are related to the request publicly available.

17-35 [6.] 7. Except as otherwise provided in paragraphs (a) and (b), the

17-36 proceedings of a panel are confidential until the panel determines

17-37 whether there is just and sufficient cause to render an opinion. A person

17-38 who:

17-39 (a) Requests an opinion from the commission pursuant to paragraph

17-40 (b) of subsection 2 may:

17-41 (1) At any time, reveal to a third party the alleged conduct of a

17-42 public officer or employee underlying the request that he filed with the

18-1 commission or the substance of testimony, if any, that he gave before the

18-2 commission.

18-3 (2) After the panel determines whether there is just and sufficient

18-4 cause to render an opinion in the matter, reveal to a third party the fact

18-5 that he requested an opinion from the commission.

18-6 (b) Gives testimony before the commission may:

18-7 (1) At any time, reveal to a third party the substance of testimony

18-8 that he gave before the commission.

18-9 (2) After the panel determines whether there is just and sufficient

18-10 cause to render an opinion in the matter, reveal to a third party the fact

18-11 that he gave testimony before the commission.

18-12 8. Whenever the commission holds a hearing [for a purpose other than

18-13 to determine whether there is just and sufficient cause to render an opinion

18-14 in a matter,] pursuant to this section, the commission shall:

18-15 (a) Notify the person about whom the opinion was requested of the place

18-16 and time of the commission’s hearing on the matter;

18-17 (b) Allow the person to be represented by counsel; and

18-18 (c) Allow the person to hear the evidence presented to the commission

18-19 and to respond and present evidence on his own behalf.

18-20 The commission’s hearing may be held no sooner than [2 weeks] 10 days

18-21 after the notice is given unless the person agrees to a shorter time.

18-22 [7.] 9. If a person who is not a party to a hearing before the

18-23 commission, including, without limitation, a person who has requested

18-24 an opinion pursuant to paragraph (a) or (b) of subsection 2, wishes to

18-25 ask a question of a witness at the hearing, the person must submit the

18-26 question to the executive director in writing. The executive director may

18-27 submit the question to the commission if he deems the question relevant

18-28 and appropriate. This subsection does not require the commission to ask

18-29 any question submitted by a person who is not a party to the proceeding.

18-30 10. If a person who requests an opinion pursuant to subsection 1 or 2

18-31 does not:

18-32 (a) Submit all necessary information to the commission; and

18-33 (b) Declare by oath or affirmation that he will testify truthfully,

18-34 the commission may decline to render an opinion.

18-35 [8.] 11. For good cause shown, the commission may take testimony

18-36 from a person by telephone or video conference.

18-37 12. For the purposes of NRS 41.032, the members of the commission

18-38 and its employees shall be deemed to be exercising or performing a

18-39 discretionary function or duty when taking an action related to the

18-40 rendering of an opinion pursuant to this section.

18-41 [9. The commission shall publish hypothetical opinions which are

18-42 abstracted from the opinions rendered pursuant to subsection 1, for the

19-1 future guidance of all persons concerned with ethical standards in

19-2 government.

19-3 10.] 13. A meeting or hearing that the commission or the panel holds

19-4 to receive information or evidence concerning the propriety of the conduct

19-5 of a public officer or employee pursuant to this section and the

19-6 [commission’s] deliberations of the commission and the panel on such

19-7 information or evidence are not subject to the provisions of chapter 241 of

19-8 NRS.

19-9 Sec. 17. NRS 281.531 is hereby amended to read as follows:

19-10 281.531 1. The [attorney general] commission counsel is the legal

19-23 to act in the place of the commission counsel for that particular matter.

19-24 Sec. 18. NRS 281.551 is hereby amended to read as follows:

19-25 281.551 1. In addition to any other penalty provided by law, the

19-42 or information that is false; or

20-1 (c)] Prevents, interferes with or attempts to prevent or interfere with the

20-2 discovery or investigation of a violation of this chapter.

20-3 3. If the commission finds that a violation of a provision of this chapter

20-4 by a public officer or employee or former public officer or employee has

20-5 resulted in the realization by another person of a financial benefit, the

20-6 commission may, in addition to other penalties provided by law, require the

20-7 current or former public officer or employee to pay a civil penalty of not

20-8 more than twice the amount so realized.

20-9 4. [Except as otherwise provided in this subsection, and in] In addition

20-10 to any other penalty provided by law, by an affirmative vote of two-thirds

20-11 of the commission, the commission may impose on any person who

20-12 violates any provision of NRS 294A.345 or 294A.346 a civil penalty not to

20-13 exceed [$10,000. If the commission finds that a violation of NRS 294A.345

20-14 or 294A.346 occurred within 10 days before an election, including any

20-15 recall or special election, the commission may impose on the person who

20-16 committed such a violation a civil penalty not to exceed $30,000.] $5,000.

20-17 5. If the commission finds that [a] :

20-18 (a) A willful violation of this chapter has been committed by a public

20-19 officer removable from office by impeachment only, it shall file a report

20-20 with the appropriate person responsible for commencing impeachment

20-21 proceedings as to its finding. The report must contain a statement of the

20-22 facts alleged to constitute the violation.

20-23 (b) A willful violation of this chapter has been committed by a public

20-24 officer removable from office pursuant to NRS 283.440, the commission

20-25 may file a proceeding in the appropriate court for removal of the officer.

20-26 (c) Three or more willful violations have been committed by a public

20-27 officer removable from office pursuant to NRS 283.440, the commission

20-28 shall file a proceeding in the appropriate court for removal of the officer.

20-29 6. An action taken by a public officer or employee or former public

20-30 officer or employee relating to NRS 281.481, 281.491, 281.501 or 281.505

20-31 is not a willful violation of a provision of those sections if the public officer

20-32 or employee:

20-33 (a) Relied in good faith upon the advice of the legal counsel retained by

20-34 the public body which the public officer represents or by the employer of

20-35 the public employee [;] or upon the manual published by the commission

20-36 pursuant to NRS 281.471;

20-37 (b) Was unable, through no fault of his own, to obtain an opinion from

20-38 the commission before the action was taken; and

20-39 (c) Took action that was not contrary to a prior published opinion issued

20-40 by the commission . [to the public officer or employee.]

20-41 7. In addition to other penalties provided by law, a public employee

20-42 who willfully violates a provision of NRS 281.481, 281.491, 281.501 or

20-43 281.505 is subject to disciplinary proceedings by his employer and must be

21-1 referred for action in accordance to the applicable provisions governing his

21-2 employment.

21-3 8. NRS 281.481 to 281.541, inclusive, do not abrogate or decrease the

21-4 effect of the provisions of the Nevada Revised Statutes which define crimes

21-5 or prescribe punishments with respect to the conduct of public officers or

21-6 employees. If the commission finds that a public officer or employee has

21-7 committed a willful violation of this chapter which it believes may also

21-8 constitute a criminal offense, the commission shall refer the matter to the

21-9 attorney general or the district attorney, as appropriate, for a

21-10 determination of whether a crime has been committed that warrants

21-11 prosecution.

21-12 9. The imposition of a civil penalty pursuant to subsections 1 to 4,

21-13 inclusive, is a final decision for the purposes of judicial review.

21-14 10. In determining for the purposes of this section whether a person

21-15 submitted an accusation or information in bad faith or with a vexatious

21-16 purpose, the commission may consider various factors, including, without

21-17 limitation:

21-18 (a) When the accusation or information was filed with or provided to the

21-19 commission;

21-20 (b) Whether and, if applicable, in what manner the person who

21-21 submitted the accusation or information publicly disseminated the

21-22 accusation or information before the commission determined whether there

21-23 was just and sufficient cause to render an opinion in the matter;

21-24 (c) Whether the accusation or information sets forth alleged facts or

21-25 details that are misleading or deceptive; and

21-26 (d) Whether the accusation or information or the conduct of the person

21-27 who submitted the accusation or information:

21-28 (1) Would be perceived as annoying or harassing by a reasonable

21-29 person; or

21-30 (2) Demonstrates conscious disregard for the process and procedures

21-31 established by the commission.

21-32 11. A finding by the commission that a public officer or employee

21-33 has violated any provision of this chapter must be supported by a

21-34 preponderance of the evidence unless a greater burden is otherwise

21-35 prescribed by law.

21-36 Sec. 19. NRS 281.553 is hereby amended to read as follows:

21-37 281.553 1. A public officer or public employee shall not accept or

21-43 3. This section does not prohibit:

22-1 (a) The receipt of payment for work performed outside the normal

22-2 course of a person’s public office or employment if the performance of that

22-3 work is consistent with the applicable policies of his public employer

22-4 regarding supplemental employment.

22-5 (b) The receipt of an honorarium by the spouse of a public officer or

22-6 public employee if it is related to the spouse’s profession or occupation.

22-7 4. As used in this section, "honorarium" means the payment of money

22-8 or anything of value for an appearance or speech by the public officer or

22-9 public employee in his capacity as a public officer or public employee. The

22-10 term does not include the payment of:

22-11 (a) The actual and necessary costs incurred by the public officer or

22-12 public employee, his spouse or his aid for transportation and for lodging

22-13 and meals while the public officer or public employee is away from his

22-14 residence.

22-15 (b) Compensation which would otherwise have been earned by the

22-16 public officer or public employee in the normal course of his public office

22-17 or employment.

22-18 (c) A fee for a speech related to the officer’s or employee’s profession

22-19 or occupation outside of his public office or employment if:

22-20 (1) Other members of the profession or occupation are ordinarily

22-21 compensated for such a speech; and

22-22 (2) The fee paid to the public officer or public employee is

22-23 approximately the same as the fee that would be paid to a member of the

22-24 private sector whose qualifications are similar to those of the officer or

22-25 employee for a comparable speech.

22-26 (d) A fee for a speech delivered to an organization of legislatures,

22-27 legislators or other elected officers.

22-28 5. A public officer or public employee who violates the provisions of

22-29 this section is guilty of a gross misdemeanor and, upon conviction, forfeits

22-30 the amount of the honorarium.

22-31 Sec. 19.5. NRS 281.581 is hereby amended to read as follows:

22-32 281.581 1. A candidate or public or judicial officer who fails to file

22-42 days, plus $100 for each additional day the statement is late.

23-1 2. The commission may, for good cause shown, waive or reduce the

23-2 civil penalty.

23-3 3. The civil penalty must be recovered in a civil action brought in the

23-4 name of the State of Nevada by the commission in a court of competent

23-5 jurisdiction and deposited with the state treasurer for credit to the state

23-6 general fund.

23-7 4. If the commission waives a civil penalty pursuant to subsection 2,

23-8 the commission shall:

23-9 (a) Create a record which sets forth that the civil penalty has been

23-10 waived and describes the circumstances that constitute the good cause

23-11 shown; and

23-12 (b) Ensure that the record created pursuant to paragraph (a) is

23-13 available for review by the general public.

23-14 Sec. 20. NRS 197.110 is hereby amended to read as follows:

23-15 197.110 Every public officer who:

23-25 be punished as provided in NRS 193.130.

23-26 Sec. 21. NRS 197.170 is hereby amended to read as follows:

23-27 197.170 A public officer or employee who [asks,] :

23-41 order the person to pay restitution.

24-1 Sec. 22. NRS 294A.345 is hereby amended to read as follows:

24-2 294A.345 1. A person shall not, with actual malice and the intent to

24-40 speaking or otherwise disseminating.

24-41 Sec. 23. NRS 294A.346 is hereby amended to read as follows:

24-42 294A.346 1. An employee, agent or volunteer of the campaign of a

24-43 candidate shall not willfully perform any act in the course of his

25-1 employment, agency or volunteering that impedes the success of that

25-2 campaign.

25-3 2. A person shall not willfully, to impede the success of the campaign

25-4 of a candidate, offer or give an item of value to:

25-5 (a) A person to induce him to obtain a position as an employee, agent

25-6 or volunteer for that campaign and perform any act in the course of his

25-7 employment, agency or volunteering to impede the success of that

25-8 campaign; or

25-9 (b) An employee, agent or volunteer for that campaign to induce him to

25-10 perform any act in the course of his employment, agency or volunteering to

25-11 impede the success of that campaign.

25-12 3. An employee, agent or volunteer of a campaign for the passage or

25-13 defeat of a question on the ballot at any election, including any recall or

25-14 special election, shall not willfully perform any act in the course of his

25-15 employment, agency or volunteering that impedes the success of that

25-16 campaign.

25-17 4. A person shall not willfully, to impede the success of a campaign

25-18 for the passage or defeat of a question on the ballot at any election,

25-19 including any recall or special election, offer or give an item of value to:

25-20 (a) A person to induce him to obtain a position as an employee, agent

25-21 or volunteer for that campaign and perform any act in the course of his

25-22 employment, agency or volunteering to impede the success of that

25-23 campaign; or

25-24 (b) An employee, agent or volunteer for that campaign to induce him to

25-25 perform any act in the course of his employment, agency or volunteering to

25-26 impede the success of that campaign.

25-27 5. Any candidate who alleges that a person has violated the provisions

25-28 of subsection 1 or 2, and any person or group of persons that advocates the

25-29 passage or defeat of a question on the ballot at any election, is required to

25-30 file a report pursuant to NRS 294A.150, and alleges that a person has

25-31 violated the provisions of subsection 3 or 4, may file a request for an

25-32 opinion with the commission on ethics pursuant to NRS 281.411 to

25-33 281.581, inclusive, and 281.477. Such a request must be filed with the

25-34 commission not later than 10 days after the date of the election with

25-35 respect to which the alleged violation occurred. The commission shall

25-36 give priority to such a request over all matters pending with the

25-37 commission.

25-38 6. A person who violates the provisions of this section is subject to a

25-39 civil penalty that may be imposed by the commission on ethics pursuant to

25-40 NRS 281.551.

25-41 Sec. 24. NRS 294A.420 is hereby amended to read as follows:

25-42 294A.420 1. If the secretary of state receives information that a

25-43 person or entity that is subject to the provisions of NRS 294A.120,

26-1 294A.140, 294A.150, 294A.180, 294A.200, 294A.210, 294A.220,

26-2 294A.270, 294A.280 or 294A.360 has not filed a report pursuant to the

26-3 applicable provisions of those sections, the secretary of state may, after

26-4 giving notice to that person or entity, cause the appropriate proceedings to

26-5 be instituted in the first judicial district court.

26-6 2. Except as otherwise provided in this section, a person or entity that

26-7 violates an applicable provision of NRS 294A.112, 294A.120, 294A.130,

26-8 294A.140, 294A.150, 294A.160, 294A.170, 294A.180, 294A.200,

26-9 294A.210, 294A.220, 294A.270, 294A.280, 294A.300, 294A.310,

26-10 294A.320 or 294A.360 is subject to a civil penalty of not more than $5,000

26-11 for each violation and payment of court costs and attorney’s fees. The civil

26-12 penalty must be recovered in a civil action brought in the name of the State

26-13 of Nevada by the secretary of state in the first judicial district court and

26-14 deposited with the state treasurer for credit to the state general fund.

26-15 3. If a civil penalty is imposed because a person or entity has reported

26-16 its contributions, expenses or expenditures after the date the report is due,

26-17 the amount of the civil penalty is:

26-18 (a) If the report is not more than 7 days late, $25 for each day the report

26-19 is late.

26-20 (b) If the report is more than 7 days late but not more than 15 days late,

26-21 $50 for each day the report is late.

26-22 (c) If the report is more than 15 days late, $100 for each day the report

26-23 is late.

26-24 4. For good cause shown, the secretary of state may waive a civil

26-25 penalty that would otherwise be imposed pursuant to this section. If the

26-26 secretary of state waives a civil penalty pursuant to this subsection, the

26-27 secretary of state shall:

26-28 (a) Create a record which sets forth that the civil penalty has been

26-29 waived and describes the circumstances that constitute the good cause

26-30 shown; and

26-31 (b) Ensure that the record created pursuant to paragraph (a) is

26-32 available for review by the general public.

26-33 Sec. 25. The amendatory provisions of this act do not apply to conduct

26-34 that occurred before October 1, 1999 or to the jurisdiction, duties, powers

26-35 or proceedings of the commission on ethics relating to such conduct.

26-36 Sec. 26. 1. Section 19.5 of this act becomes effective at 12:01 a.m.

26-37 on October 1, 1999.

26-38 2. Section 5.5 of this act expires by limitation on June 30, 2001.