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. NRS 281.465 is hereby amended to read as follows:

1-2 281.465 1. The commission has jurisdiction to investigate and take

1-13 officer or employee who:

2-1 (a) Currently holds public office or is publicly employed at the

2-2 commencement of proceedings against him.

2-3 (b) [Resigns or otherwise leaves his public office or employment:

2-4 (1) After the commencement of proceedings against him; or

2-5 (2) Within 1 year after the alleged violation or reasonable discovery

2-6 of the alleged violation.] No longer holds public office or is no longer

2-7 publicly employed and regarding whom a request for an opinion was

2-8 filed:

2-9 (1) Before the termination of the term or employment of the public

2-10 officer or employee; or

2-11 (2) Within 2 years after the later of:

2-12 (I) The alleged violation by the public officer or employee;

2-13 (II) The publication of the facts that are the basis of the request

2-14 for the opinion; or

2-15 (III) The date on which the facts that are the basis of the request

2-16 for the opinion could have been discovered or known through reasonable

2-17 inquiry.

2-18 Sec. 2. NRS 281.475 is hereby amended to read as follows:

2-19 281.475 1. The chairman and vice chairman of the commission may

2-41 requested by the commission, the commission may issue the subpoena.]

3-1 3. If any [witness] person refuses to attend, testify or produce any

3-2 books and papers as required by the subpoena, the chairman of the

3-3 commission may report to the district court by petition, setting forth that:

3-4 (a) Due notice has been given of the time and place of attendance of the

3-5 [witness] person or the production of the books and papers;

3-6 (b) The [witness] person has been subpoenaed by the commission

3-7 pursuant to this section; and

3-8 (c) The [witness] person has failed or refused to attend or produce the

3-9 books and papers required by the subpoena before the commission, or has

3-10 refused to answer questions propounded to him, and asking for an order of

3-11 the court compelling the [witness] person to attend and testify or produce

3-12 the books and papers before the commission.

3-13 4. Except as otherwise provided in this subsection, upon such a

3-14 petition, the court shall enter an order directing the [witness] person

3-15 subpoenaed to appear before the court at a time and place to be fixed by

3-16 the court in its order, the time to be not more than 10 days after the date of

3-17 the order, and then and there show cause why he has not attended, testified

3-18 or produced the books or papers before the commission. If the [witness]

3-19 person has been subpoenaed by the commission in response to a request for

3-20 an opinion filed pursuant to NRS 294A.345 or 294A.346, the court shall

3-21 direct the [witness] person to appear before the court as expeditiously as

3-22 possible to allow the commission to render its opinion within the time

3-23 required by NRS 281.477. A certified copy of the order must be served

3-24 upon the [witness.] person.

3-25 5. If it appears to the court that the subpoena was regularly issued by

3-26 the commission, the court shall enter an order that the [witness] person

3-27 subpoenaed appear before the commission, at the time and place fixed in

3-28 the order, and testify or produce the required books and papers. Upon

3-29 failure to obey the order the [witness] person must be dealt with as for

3-30 contempt of court.

3-31 Sec. 3. NRS 281.501 is hereby amended to read as follows:

3-32 281.501 1. Except as otherwise provided in subsection 2 or 3, a

3-42 consideration of a matter with respect to which the independence of

4-1 judgment of a reasonable person in his situation would be materially

4-2 affected by:

4-3 (a) His acceptance of a [gift or loan;] :

4-4 (1) Gift;

4-5 (2) Loan; or

4-6 (3) Campaign contribution or contributions if the contribution or

4-7 contributions, in the aggregate, exceed $4,000 or constitute at least 20

4-8 percent of the total campaign contributions received by the officer during

4-9 the applicable period set forth in NRS 294A.100;

4-10 (b) His pecuniary interest; or

4-11 (c) His commitment in a private capacity to the interests of others.

4-12 It must be presumed that the independence of judgment of a reasonable

4-13 person would not be materially affected by his pecuniary interest or his

4-14 commitment in a private capacity to the interests of others where the

4-15 resulting benefit or detriment accruing to him or to the other persons whose

4-16 interests to which the member is committed in a private capacity is not

4-17 greater than that accruing to any other member of the general business,

4-18 profession, occupation or group.

4-19 3. A public officer [or employee] shall not approve, disapprove, vote,

4-20 abstain from voting or otherwise act upon any matter:

4-21 (a) Regarding which he has accepted a [gift or loan;] :

4-22 (1) Gift;

4-23 (2) Loan; or

4-24 (3) Campaign contribution or contributions if the contribution or

4-25 contributions, in the aggregate, exceed $2,000 or constitute at least 10

4-26 percent of the total campaign contributions received by the officer during

4-27 the applicable period set forth in NRS 294A.100;

4-28 (b) Which would reasonably be affected by his commitment in a private

4-29 capacity to the interest of others; or

4-30 (c) In which he has a pecuniary interest,

4-31 without disclosing the full nature and extent of the gift, campaign

4-32 contribution, loan, commitment or interest [.] , including, without

4-33 limitation, the donor of the campaign contribution. Except as otherwise

4-34 provided in subsection 6, such a disclosure must be made at the time the

4-35 matter is considered. If the officer [or employee] is a member of a body

4-36 which makes decisions, he shall make the disclosure in public to the

4-37 chairman and other members of the body. If the officer [or employee] is not

4-38 a member of such a body and holds an appointive office, he shall make the

4-39 disclosure to the supervisory head of his organization or, if he holds an

4-40 elective office, to the general public in the area from which he is elected.

4-41 4. If a [member of the legislative branch] public officer declares to the

4-42 legislative body or committee in which the vote is to be taken that he will

4-43 abstain from voting because of the requirements of this section, the

5-1 necessary quorum to act upon and the number of votes necessary to act

5-2 upon the matter, as fixed by any statute, ordinance or rule, is reduced as

5-3 though the member abstaining were not a member of the body or

5-4 committee.

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

5-6 matter which affects public employees, he shall make a full public

5-7 disclosure of any personal pecuniary interest which he may have in the

5-8 matter.

5-9 6. After a member of the [legislative branch] legislature makes a

5-10 disclosure pursuant to subsection 3, he may file with the director of the

5-11 legislative counsel bureau a written statement of his disclosure. The written

5-12 statement must designate the matter to which the disclosure applies. After a

5-13 legislator files a written statement pursuant to this subsection, he is not

5-14 required to disclose orally his interest when the matter is further considered

5-15 by the legislature or any committee thereof. A written statement of

5-16 disclosure is a public record and must be made available for inspection by

5-17 the public during the regular office hours of the legislative counsel bureau.

5-18 Sec. 4. NRS 281.511 is hereby amended to read as follows:

5-19 281.511 1. The commission shall render an opinion interpreting the

5-42 (I) The accusation or information contained in the request is true;

6-1 (II) He did not submit the request in bad faith or with a vexatious

6-2 purpose; and

6-3 (III) He understands that the commission may impose penalties

6-4 upon him pursuant to NRS 281.551 if the commission determines that the

6-5 accusation or information is false , [and] was submitted in bad faith [,] or

6-6 with a vexatious purpose or was submitted in connection with a request for

6-7 an opinion that the commission determines to be without merit.

6-8 (c) Upon the commission’s own motion regarding the propriety of

6-9 conduct by a public officer or employee, if the commission first determines

6-10 in an adopted motion that there is just and sufficient cause to render an

6-11 opinion concerning the conduct of that public officer or employee. The

6-12 commission shall not initiate proceedings pursuant to this paragraph based

6-13 solely upon an anonymous complaint. Proceedings that the commission

6-14 initiates pursuant to this paragraph must remain confidential unless the

6-15 commission determines that there is just and sufficient cause to render an

6-16 opinion.

6-17 The commission shall not determine that there is just and sufficient cause to

6-18 render an opinion pursuant to this paragraph without extending the public

6-19 officer or employee an opportunity to appear before the commission and

6-20 present evidence and argument.

6-21 3. The commission shall render an opinion requested pursuant to this

6-22 section as expeditiously as possible in light of the circumstances of the

6-23 public officer or employee about whom the opinion is requested, so as to

6-24 minimize adverse consequences to him that may result from a delay in

6-25 issuing the opinion.

6-26 4. Each request for an opinion that a public officer or employee

6-27 submits to the commission pursuant to subsection 1, each opinion rendered

6-28 by the commission in response to such a request and any motion,

6-29 preliminary determination, evidence or record of a hearing relating to such

6-30 a request are confidential unless the public officer or employee who

6-31 requested the opinion:

6-32 (a) Acts in contravention of the opinion, in which case the commission

6-33 may disclose the request for the opinion, the contents of the opinion and

6-34 any motion, evidence or record of a hearing related thereto;

6-35 (b) Discloses the request for the opinion, the contents of the opinion or

6-36 any motion, evidence or record of a hearing related thereto; or

6-37 (c) Requests the commission to disclose the request for the opinion, the

6-38 contents of the opinion or any motion, evidence or record of a hearing

6-39 related thereto.

6-40 5. Except as otherwise provided in this subsection, each document in

6-41 the possession of the commission that is related to a request for an opinion

6-42 regarding a public officer or employee submitted to the commission

6-43 pursuant to paragraph (b) of subsection 2, including the commission’s copy

7-1 of the request and all materials and information gathered in an investigation

7-2 of the request, is confidential until the commission determines whether

7-3 there is just and sufficient cause to render an opinion in the matter. The

7-4 public officer or employee who is the subject of a request for an opinion

7-5 submitted pursuant to paragraph (b) of subsection 2 may in writing

7-6 authorize the commission to make its files, material and information which

7-7 are related to the request publicly available.

7-8 6. Whenever the commission holds a hearing for a purpose other than

7-9 to determine whether there is just and sufficient cause to render an opinion

7-10 in a matter, the commission shall:

7-11 (a) Notify the person about whom the opinion was requested of the place

7-12 and time of the commission’s hearing on the matter;

7-13 (b) Allow the person to be represented by counsel; and

7-14 (c) Allow the person to hear the evidence presented to the commission

7-15 and to respond and present evidence on his own behalf.

7-16 The commission’s hearing may be held no sooner than 2 weeks after the

7-17 notice is given unless the person agrees to a shorter time.

7-18 7. If a person who requests an opinion pursuant to subsection 1 or 2

7-19 does not:

7-20 (a) Submit all necessary information to the commission; and

7-21 (b) Declare by oath or affirmation that he will testify truthfully,

7-22 the commission may decline to render an opinion.

7-23 8. For good cause shown, the commission may take testimony from a

7-24 person by telephone or video conference.

7-25 9. For the purposes of NRS 41.032, the members of the commission

7-26 and its employees shall be deemed to be exercising or performing a

7-27 discretionary function or duty when taking an action related to the

7-28 rendering of an opinion pursuant to this section.

7-29 [9.] 10. The commission shall publish hypothetical opinions which are

7-30 abstracted from the opinions rendered pursuant to subsection 1, for the

7-31 future guidance of all persons concerned with ethical standards in

7-32 government.

7-33 [10.] 11. A meeting or hearing that the commission holds to receive

7-34 information or evidence concerning the propriety of the conduct of a public

7-35 officer or employee pursuant to this section and the commission’s

7-36 deliberations on such information or evidence are not subject to the

7-37 provisions of chapter 241 of NRS.

7-38 12. The commission may, by majority vote, find a person appearing

7-39 before the commission to be in contempt of the authority of the

7-40 commission if the person engages in:

7-41 (a) Disorderly or insolent behavior toward the commission or a

7-42 member thereof while the commission is meeting or holding a hearing;

7-43 or

8-1 (b) A breach of the peace or boisterous conduct or causes a violent

8-2 disturbance in the presence of the commission, or in the immediate

8-3 vicinity of the commission, which tends to interrupt the course of the

8-4 meeting or hearing of the commission.

8-5 13. If the commission finds a person in contempt of its authority, the

8-6 commission may:

8-7 (a) Remove the person from the meeting or hearing;

8-8 (b) Draw such inferences as the commission deems appropriate

8-9 against the person;

8-10 (c) Refuse to allow the person to support or oppose certain claims or

8-11 defenses designated by the commission or prohibit the person from

8-12 introducing certain matters designated by the commission into evidence;

8-13 (d) Strike evidence or testimony proffered by the person;

8-14 (e) Stay further proceedings in the matter;

8-15 (f) Dismiss all or a part of a request for an opinion; and

8-16 (g) Fine the person an amount not to exceed $500.

8-17 Sec. 5. NRS 281.551 is hereby amended to read as follows:

8-18 281.551 1. In addition to any other penalty provided by law, the

8-42 more than twice the amount so realized.

9-1 4. Except as otherwise provided in this subsection, and in addition to

9-2 any other penalty provided by law, the commission may impose on any

9-3 person who violates any provision of NRS 294A.345 or 294A.346 a civil

9-4 penalty not to exceed $10,000. If the commission finds that a violation of

9-5 NRS 294A.345 or 294A.346 occurred within 10 days before an election,

9-6 including any recall or special election, the commission may impose on the

9-7 person who committed such a violation a civil penalty not to exceed

9-8 $30,000.

9-9 5. If the commission finds that a violation of this chapter has been

9-10 committed by a public officer removable from office by impeachment only,

9-11 it shall file a report with the appropriate person responsible for

9-12 commencing impeachment proceedings as to its finding. The report must

9-13 contain a statement of the facts alleged to constitute the violation.

9-14 6. An action taken by a public officer or employee or former public

9-15 officer or employee relating to NRS 281.481, 281.491, 281.501 or 281.505

9-16 is not a willful violation of a provision of those sections if the public officer

9-17 or employee:

9-18 (a) Relied in good faith upon the advice of the legal counsel retained by

9-19 the public body which the public officer represents or by the employer of

9-20 the public employee;

9-21 (b) Was unable, through no fault of his own, to obtain an opinion from

9-22 the commission before the action was taken; and

9-23 (c) Took action that was not contrary to a prior opinion issued by the

9-24 commission to the public officer or employee.

9-25 7. In addition to other penalties provided by law, a public employee

9-26 who willfully violates a provision of NRS 281.481, 281.491, 281.501 or

9-27 281.505 is subject to disciplinary proceedings by his employer and must be

9-28 referred for action in accordance to the applicable provisions governing his

9-29 employment.

9-30 8. NRS 281.481 to 281.541, inclusive, do not abrogate or decrease the

9-31 effect of the provisions of the Nevada Revised Statutes which define crimes

9-32 or prescribe punishments with respect to the conduct of public officers or

9-33 employees.

9-34 9. The imposition of a civil penalty pursuant to subsections 1 to 4,

9-35 inclusive, is a final decision for the purposes of judicial review.

9-36 10. In determining for the purposes of this section whether a person

9-37 submitted an accusation or information in bad faith or with a vexatious

9-38 purpose, the commission may consider various factors, including, without

9-39 limitation:

9-40 (a) When the accusation or information was filed with or provided to the

9-41 commission;

9-42 (b) Whether and, if applicable, in what manner the person who

9-43 submitted the accusation or information publicly disseminated the

10-1 accusation or information before the commission determined whether there

10-2 was just and sufficient cause to render an opinion in the matter;

10-3 (c) Whether the accusation or information sets forth alleged facts or

10-4 details that are misleading or deceptive; and

10-5 (d) Whether the accusation or information or the conduct of the person

10-6 who submitted the accusation or information:

10-7 (1) Would be perceived as annoying or harassing by a reasonable

10-8 person; or

10-9 (2) Demonstrates conscious disregard for the process and procedures

10-10 established by the commission.

10-11 Sec. 6. NRS 281.571 is hereby amended to read as follows:

10-12 281.571 1. Statements of financial disclosure, as approved pursuant

10-42 holiday or other ceremonial occasion if the donor does not have a

11-1 substantial interest in the legislative, administrative, judicial or political

11-2 action of the candidate or public or judicial officer.

11-3 Except as otherwise provided in this subsection, if the donor is a business

11-4 entity, the candidate or public or judicial officer must disclose the name

11-5 of the natural person associated with the business entity who made or

11-6 authorized the gift and, if different, the natural person associated with

11-7 the business entity who is the actual source of the money used for the

11-8 gift. If the donor is a corporation whose stock is publicly traded, the

11-9 candidate or public or judicial officer must disclose the name of the

11-10 natural person associated with the corporation who authorized the gift.

11-11 (f) A list of each business entity with which he or a member of his

11-12 household is involved as a trustee, beneficiary of a trust, director, officer,

11-13 owner in whole or in part, limited or general partner, or holder of a class of

11-14 stock or security representing 1 percent or more of the total outstanding

11-15 stock or securities issued by the business entity.

11-16 (g) A list of all public offices presently held by him for which this

11-17 statement of financial disclosure is required.

11-18 2. The commission shall distribute or cause to be distributed the forms

11-19 required for such a statement to each candidate and public or judicial

11-20 officer who is required to file one. The commission is not responsible for

11-21 the costs of producing or distributing a form for filing statements of

11-22 financial disclosure which is prescribed pursuant to subsection 1 of NRS

11-23 281.541.

11-24 3. As used in this section:

11-25 (a) "Business entity" means an organization or enterprise operated for

11-26 economic gain, including a proprietorship, partnership, firm, business, trust,

11-27 joint venture, syndicate, corporation or association.

11-28 (b) "Household" includes:

11-29 (1) A person who does not live in the same home or dwelling, but

11-30 who is dependent on and receiving substantial support from the candidate

11-31 or public or judicial officer; and

11-32 (2) A person who lived in the home or dwelling of the candidate or

11-33 public or judicial officer for 6 months or more in the year immediately

11-34 preceding the year in which the candidate or public or judicial officer files

11-35 the statement of financial disclosure.

11-36 Sec. 7. NRS 294A.345 is hereby amended to read as follows:

11-37 294A.345 1. A person shall not, with actual malice and the intent to

11-42 (b) The profession or occupation of the candidate.

12-1 (c) Whether the candidate committed, was indicted for committing or

12-2 was convicted of committing a felony or other crime involving moral

12-3 turpitude, dishonesty or corruption.

12-4 (d) Whether the candidate has received treatment for a mental illness.

12-5 (e) Whether the candidate was disciplined while serving in the military

12-6 or was dishonorably discharged from service in the military.

12-7 (f) Whether another person endorses or opposes the candidate.

12-8 (g) The record of voting of a candidate if he formerly served or

12-9 currently serves as a public officer.

12-10 2. A person shall not, with actual malice and the intent to impede the

12-11 success of a campaign for the passage or defeat of a question on the ballot

12-12 at any election, including any recall or special election, cause to be

12-13 published a false statement of fact concerning the question on the ballot.

12-14 3. Any candidate who alleges that a false statement of fact concerning

12-15 the candidate has been published in violation of subsection 1, and any

12-16 person or group of persons that advocates the passage or defeat of a

12-17 question on the ballot at any election, is required to file a report pursuant to

12-18 NRS 294A.150, and alleges that a false statement of fact has been

12-19 published in violation of subsection 2, may file a request for an opinion

12-20 with the commission on ethics pursuant to NRS 281.411 to 281.581,

12-21 inclusive . [, and NRS 281.477.] Such a request must be filed with the

12-22 commission not later than 10 days after the date of the election with

12-23 respect to which the alleged violation occurred. The commission shall

12-24 give priority to such a request over all other matters pending with the

12-25 commission.

12-26 4. A person who violates the provisions of this section is subject to a

12-27 civil penalty that may be imposed by the commission on ethics pursuant to

12-28 NRS 281.551.

12-29 5. As used in this section:

12-30 (a) "Actual malice" means knowledge of the falsity of a statement or

12-31 reckless disregard for whether a statement is true or false.

12-32 (b) "Publish" means the act of printing, posting, broadcasting, mailing,

12-33 speaking or otherwise disseminating.

12-34 Sec. 8. NRS 294A.346 is hereby amended to read as follows:

12-35 294A.346 1. An employee, agent or volunteer of the campaign of a

12-42 volunteer for that campaign and perform any act in the course of his

13-1 employment, agency or volunteering to impede the success of that

13-2 campaign; or

13-3 (b) An employee, agent or volunteer for that campaign to induce him to

13-4 perform any act in the course of his employment, agency or volunteering to

13-5 impede the success of that campaign.

13-6 3. An employee, agent or volunteer of a campaign for the passage or

13-7 defeat of a question on the ballot at any election, including any recall or

13-8 special election, shall not willfully perform any act in the course of his

13-9 employment, agency or volunteering that impedes the success of that

13-10 campaign.

13-11 4. A person shall not willfully, to impede the success of a campaign for

13-12 the passage or defeat of a question on the ballot at any election, including

13-13 any recall or special election, offer or give an item of value to:

13-14 (a) A person to induce him to obtain a position as an employee, agent or

13-15 volunteer for that campaign and perform any act in the course of his

13-16 employment, agency or volunteering to impede the success of that

13-17 campaign; or

13-18 (b) An employee, agent or volunteer for that campaign to induce him to

13-19 perform any act in the course of his employment, agency or volunteering to

13-20 impede the success of that campaign.

13-21 5. Any candidate who alleges that a person has violated the provisions

13-22 of subsection 1 or 2, and any person or group of persons that advocates the

13-23 passage or defeat of a question on the ballot at any election, is required to

13-24 file a report pursuant to NRS 294A.150, and alleges that a person has

13-25 violated the provisions of subsection 3 or 4, may file a request for an

13-26 opinion with the commission on ethics pursuant to NRS 281.411 to

13-27 281.581, inclusive . [, and 281.477.] Such a request must be filed with the

13-28 commission not later than 10 days after the date of the election with

13-29 respect to which the alleged violation occurred. The commission shall

13-30 give priority to such a request over all matters pending with the

13-31 commission.

13-32 6. A person who violates the provisions of this section is subject to a

13-33 civil penalty that may be imposed by the commission on ethics pursuant to

13-34 NRS 281.551.

13-35 Sec. 9. This act becomes effective upon passage and approval.