(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINTS.B. 466
Senate Bill No. 466–Committee on Government Affairs
March 22, 2001
____________
Referred to Committee on Government Affairs
SUMMARY—Makes various changes regarding ethics in government. (BDR 23‑716)
FISCAL NOTE: Effect on Local Government: No.
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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).
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. NRS 281.230 is hereby amended to read as follows:
1-2 281.230 1. Except as otherwise provided in this section and NRS
1-3 218.605, the following persons shall not, in any manner, directly or
1-4 indirectly, receive any commission, personal profit or compensation of any
1-5 kind resulting from any contract or other significant transaction in which
1-6 the employing state, county, municipality, township, district or quasi-
1-7 municipal corporation is in any way directly interested or affected:
1-8 (a) State, county, municipal, district and township officers of the State
1-9 of Nevada;
1-10 (b) Deputies and employees of state, county, municipal, district and
1-11 township officers; and
1-12 (c) Officers and employees of quasi-municipal corporations.
1-13 2. A member of any board, commission or similar body who is
1-14 engaged in the profession, occupation or business regulated by the board,
1-15 commission or body may, in the ordinary course of his business, bid on or
1-16 enter into a contract with any governmental agency, except the board or
1-17 commission of which he is a member, if he has not taken part in
1-18 developing the contract plans or specifications and he will not be
1-19 personally involved in opening, considering or accepting offers.
1-20 3. A full- or part-time faculty member in the University and
1-21 Community College System of Nevada may bid on or enter into a contract
2-1 with a governmental agency if he has not taken part in developing the
2-2 contract plans or specifications and he will not be personally involved in
2-3 opening, considering or accepting offers.
2-4 4. A public officer or employee, other than an officer or employee
2-5 described in subsection 2 or 3, may bid on or enter into a contract with a
2-6 governmental agency if the contracting process is controlled by rules of
2-7 open competitive bidding, the sources of supply are limited, he has not
2-8 taken part in developing the contract plans or specifications and he will not
2-9 be personally involved in opening, considering or accepting offers.
2-10 5. A person who violates any of the provisions of this section shall be
2-11 punished as provided in NRS 197.230 and:
2-12 (a) Where the commission, personal profit or compensation is $250 or
2-13 more, for a category D felony as provided in NRS 193.130.
2-14 (b) Where the commission, personal profit or compensation is less than
2-15 $250, for a misdemeanor.
2-16 6. A person who violates the provisions of this section shall pay any
2-17 commission, personal profit or compensation resulting from the contract or
2-18 transaction to the employing state, county, municipality, township, district
2-19 or quasi-municipal corporation as restitution.
2-20 Sec. 2. NRS 281.236 is hereby amended to read as follows:
2-21 281.236 1. A public utility or parent organization or subsidiary of a
2-22 public utility shall not employ a former member of the public utilities
2-23 commission of Nevada for 1 year after the termination of his service on the
2-24 commission.
2-25 2. A person who holds a license issued pursuant to chapter 463 or 464
2-26 of NRS or who is required to register with the Nevada gaming commission
2-27 pursuant to chapter 463 of NRS shall not employ a former member of the
2-28 state gaming control board or the Nevada gaming commission for 1 year
2-29 after the termination of the member’s service on the board or commission.
2-30 3. In addition to the prohibitions set forth in subsections 1 and 2, a
2-31 business or industry whose activities are governed by regulations adopted
2-32 by a department, division or other agency of the executive branch of
2-33 government shall not, except as otherwise provided in subsection 4,
2-34 employ a former public officer or employee of the agency, except a clerical
2-35 employee, for 1 year after the termination of his service or period of
2-36 employment if:
2-37 (a) His principal duties included the formulation of policy contained in
2-38 the regulations governing the business or industry;
2-39 (b) During the immediately preceding year he directly performed
2-40 activities, or controlled or influenced an audit, decision, investigation or
2-41 other action, which significantly affected the business or industry which
2-42 might, but for this section, employ him; or
2-43 (c) As a result of his governmental service or employment, he possesses
2-44 knowledge of the trade secrets of a direct business competitor.
2-45 4. A public officer or employee may request the commission on ethics
2-46 to apply the relevant facts in his case to the provisions of subsection 3 and
2-47 determine whether relief from the strict application of the provisions is
2-48 proper. If the commission on ethics determines that relief from the strict
2-49 application of the provisions of subsection 3 is not contrary to:
3-1 (a) The best interests of the public;
3-2 (b) The continued integrity of state government; and
3-3 (c) The code of ethical standards prescribed in NRS 281.481,
3-4 it may issue an [order] opinion to that effect and grant such relief. The
3-5 [decision] opinion of the commission on ethics in such a case is subject to
3-6 judicial review.
3-7 5. As used in this section, “regulation” has the meaning ascribed to it
3-8 in NRS 233B.038.
3-9 Sec. 3. NRS 281.4365 is hereby amended to read as follows:
3-10 281.4365 1. “Public officer” means a person elected or appointed to
3-11 a position which is established by the constitution of the State of Nevada, a
3-12 statute of this state or an ordinance of any of its counties or incorporated
3-13 cities and which involves the exercise of a public power, trust or duty. As
3-14 used in this section, “the exercise of a public power, trust or duty”
3-15 [includes:] means:
3-16 (a) Actions taken in an official capacity which involve a substantial and
3-17 material exercise of administrative discretion in the formulation of public
3-18 policy;
3-19 (b) The expenditure of public money; and
3-20 (c) The enforcement of laws and rules of the state, a county or a city.
3-21 2. “Public officer” does not include:
3-22 (a) Any justice, judge or other officer of the court system;
3-23 (b) A commissioner of deeds;
3-24 (c) Any member of a board, commission or other body whose function
3-25 is advisory;
3-26 (d) Any member of a board of trustees for a general improvement
3-27 district or special district whose official duties do not include the
3-28 formulation of a budget for the district or the authorization of the
3-29 expenditure of the district’s money; or
3-30 (e) A county health officer appointed pursuant to NRS 439.290.
3-31 Sec. 4. NRS 281.491 is hereby amended to read as follows:
3-32 281.491 In addition to the requirements of the code of ethical
3-33 standards:
3-34 1. A member of the executive branch or public employee of the
3-35 executive branch shall not accept compensation from any private person to
3-36 represent or counsel him on any issue pending before the agency in which
3-37 that officer or employee serves, if the agency makes decisions. Any such
3-38 officer or employee who leaves the service of the agency shall not, for 1
3-39 year after leaving the service of the agency, represent or counsel for
3-40 compensation a private person upon any issue which was under
3-41 consideration by the agency during his service. As used in this subsection,
3-42 “issue” includes a case, proceeding, application, contract or determination,
3-43 but does not include the proposal or consideration of legislative measures
3-44 or administrative regulations.
3-45 2. A member of the legislative branch, or a member of the executive
3-46 branch or public employee whose public service requires less than half of
3-47 his time, may represent or counsel a private person before an agency in
3-48 which he does not serve. Any other member of the executive branch or
4-1 public employee shall not represent a client for compensation before any
4-2 state agency of the executive or legislative branch of government.
4-3 3. Not later than January 10 of each year, any legislator or other public
4-4 officer who has, within the preceding year, represented or counseled a
4-5 private person for compensation before a state agency of the executive
4-6 branch shall disclose for each such representation or counseling during the
4-7 previous calendar year:
4-8 (a) The name of the client;
4-9 (b) The nature of the representation; and
4-10 (c) The name of the state agency.
4-11 The disclosure must be made in writing and filed with the commission[.] ,
4-12 on a form prescribed by the commission. The commission shall retain a
4-13 disclosure filed pursuant to this subsection for 6 years after the date on
4-14 which the disclosure was filed.
4-15 Sec. 5. NRS 281.552 is hereby amended to read as follows:
4-16 281.552 1. Every public officer shall acknowledge that he has
4-17 received, read and understands the statutory ethical standards. The
4-18 acknowledgment must be on a form prescribed by the commission and
4-19 must accompany the first statement of financial disclosure that the public
4-20 officer is required to file with the commission pursuant to NRS 281.561.
4-21 2. The commission shall retain an acknowledgment filed pursuant to
4-22 this section for 6 years after the date on which the acknowledgment was
4-23 filed.
4-24 3. Willful refusal to execute and file the acknowledgment required by
4-25 this section constitutes nonfeasance in office and is a ground for removal
4-26 pursuant to NRS 283.440.
4-27 Sec. 6. NRS 281.581 is hereby amended to read as follows:
4-28 281.581 1. A candidate or public or judicial officer who fails to file
4-29 his statement of financial disclosure in a timely manner pursuant to NRS
4-30 281.561 is subject to a civil penalty and payment of court costs and
4-31 attorney’s fees. [The] Except as otherwise provided in subsection 3, the
4-32 amount of the civil penalty is:
4-33 (a) If the statement is filed not more than 7 days late, $25 for each day
4-34 the statement is late.
4-35 (b) If the statement is filed more than 7 days late but not more than 15
4-36 days late, $175 for the first 7 days, plus $50 for each additional day the
4-37 statement is late.
4-38 (c) If the statement is filed more than 15 days late, $575 for the first 15
4-39 days, plus $100 for each additional day the statement is late.
4-40 2. The commission may, for good cause shown, waive or reduce the
4-41 civil penalty.
4-42 3. The civil penalty imposed for a violation of this section must not
4-43 exceed the annual compensation for the office for which the statement
4-44 was filed.
4-45 4. The civil penalty must be recovered in a civil action brought in the
4-46 name of the State of Nevada by the commission in a court of competent
4-47 jurisdiction and deposited with the state treasurer for credit to the state
4-48 general fund.
5-1 [4.] 5. If the commission waives a civil penalty pursuant to subsection
5-2 2, the commission shall:
5-3 (a) Create a record which sets forth that the civil penalty has been
5-4 waived and describes the circumstances that constitute the good cause
5-5 shown; and
5-6 (b) Ensure that the record created pursuant to paragraph (a) is available
5-7 for review by the general public.
5-8 H