ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not
|Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by renumbering section 1 as sec. 1.3 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Chapter 281 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.7 of this act.”.
Amend section 1, page 2, by deleting lines 1 through 5 and inserting:
“Sec. 1.3. 1. A list of each public officer who is required to file a statement of financial disclosure pursuant to NRS 281.561 or section 1.7 of this act must be submitted electronically to the Commission and to the Secretary of State, in a form”.
Amend section 1, page 2, by deleting line 18 and inserting:
“Commission, and each county clerk, or the registrar of voters of the county if one was appointed pursuant to NRS 244.164, and each city clerk shall submit electronically to the Secretary of State, in a form prescribed by the Commission, a list of”.
Amend the bill as a whole by adding a new section designated sec. 1.7, following section 1, to read as follows:
“Sec. 1.7. 1. Except as otherwise provided in subsection 2 or 3, each public officer who was appointed to the office for which he is serving and who is entitled to receive annual compensation of $6,000 or more for serving in that office shall file with the Commission, and with the officer with whom declarations of candidacy for the office are filed, a statement of financial disclosure, as follows:
(a) A public officer appointed to fill the unexpired term of an elected public officer shall file a statement of financial disclosure within 30 days after his appointment.
(b) Each public officer appointed to fill an office shall file a statement of financial disclosure on or before March 31 of each year of the term, including the year the term expires.
(c) A public officer who leaves office on a date other than the expiration of his term or anniversary of his appointment shall file a statement of financial disclosure within 60 days after leaving office.
2. A statement filed pursuant to one of the paragraphs of subsection 1 may be used to satisfy the requirements of another paragraph of subsection 1 if the initial statement was filed not more than 3 months before the other statement is required to be filed.
3. If a person is serving in a public office for which he is required to file a statement pursuant to subsection 1, he may use the statement he files for that initial office to satisfy the requirements of subsection 1 for every other public office in which he is also serving.
4. A person may satisfy the requirements of subsection 1 by filing with the Commission a copy of a statement of financial disclosure that was filed pursuant to the requirements of a specialized or local ethics committee if the form of the statement has been approved by the Commission.
5. A candidate for judicial office or a judicial officer shall file a statement of financial disclosure pursuant to the requirements of Canon 4I of the Nevada Code of Judicial Conduct. Such a statement of financial disclosure must include, without limitation, all information required to be included in a statement of financial disclosure pursuant to NRS 281.571.”.
Amend sec. 2, page 2, line 25, by deleting “section 1” and inserting:
“sections 1.3 and 1.7”.
Amend the bill as a whole by adding a new section designated sec. 2.5, following sec. 2, to read as follows:
“Sec. 2.5. NRS 281.461 is hereby amended to read as follows:
281.461 1. The Commission shall:
(a) At its first meeting and annually thereafter elect a Chairman and Vice Chairman from among its members.
(b) Meet regularly at least once in each calendar quarter, unless there are no requests made for an opinion pursuant to NRS 281.511, [294A.345 or 294A.346,] and at other times upon the call of the Chairman.
2. Members of the Commission are entitled to receive a salary of not more than $80 per day, as fixed by the Commission, while engaged in the business of the Commission.
3. While engaged in the business of the Commission, each member and employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
4. The Commission may, within the limits of legislative appropriation, maintain such facilities as are required to carry out its functions.”.
Amend sec. 3, page
2, lines 33 and 34, by deleting:
“281.511, 294A.345 or 294A.346.” and inserting:
“281.511 . [, 294A.345 or 294A.346.]”.
Amend the bill as a whole by adding new sections designated sections 3.3 and 3.7, following sec. 3, to read as follows:
“Sec. 3.3. NRS 281.465 is hereby amended to read as follows:
281.465 1. The Commission has jurisdiction to investigate and take appropriate action regarding an alleged violation of [:
(a) This] this chapter by a public officer or employee or former public officer or employee in any proceeding commenced by:
[(1)] (a) The filing of a request for an opinion with the Commission; or
[(2)] (b) The Commission on its own motion.
[(b) NRS 294A.345 or 294A.346 in any proceeding commenced by the filing of a request for an opinion pursuant thereto.]
2. The provisions of [paragraph (a) of] subsection 1 apply to a public officer or employee who:
(a) Currently holds public office or is publicly employed at the commencement of proceedings against him.
(b) Resigns or otherwise leaves his public office or employment:
(1) After the commencement of proceedings against him; or
(2) Within 1 year after the alleged violation or reasonable discovery of the alleged violation.
Sec. 3.7. NRS 281.471 is hereby amended to read as follows:
281.471 The Commission shall:
1. Adopt procedural regulations:
(a) To facilitate the receipt of inquiries by the Commission;
(b) For the filing of a request for an opinion with the Commission;
(c) For the withdrawal of a request for an opinion by the person who filed the request; and
(d) To facilitate the prompt rendition of opinions by the Commission.
2. Prescribe, by regulation, forms for the submission of statements of financial disclosure filed by candidates and elected and appointed public officers pursuant to NRS 281.561 and section 1.7 of this act and statements of acknowledgment filed by public officers pursuant to NRS 281.552.
3. Prescribe, by regulation, [forms and] procedures for the submission of statements of financial disclosure filed by appointed public officers pursuant to section 1.7 of this act and statements of acknowledgment filed by public officers pursuant to NRS 281.552, maintain files of such statements and make the statements available for public inspection.
[3.] 4. Cause the making of such investigations as are reasonable and necessary for the rendition of its opinions pursuant to this chapter.
[4.] 5. Inform the Attorney General or district attorney of all cases of noncompliance with the requirements of this chapter.
[5.] 6. Recommend to the Legislature such further legislation as the Commission considers desirable or necessary to promote and maintain high standards of ethical conduct in government.
[6.] 7. Publish a manual for the use of public officers and employees that contains:
(a) Hypothetical opinions which are abstracted from opinions rendered pursuant to subsection 1 of NRS 281.511, for the future guidance of all persons concerned with ethical standards in government;
(b) Abstracts of selected opinions rendered pursuant to subsection 2 of NRS 281.511; and
(c) An abstract of the requirements of this chapter.
FLUSH
The Legislative Counsel shall prepare annotations to this
chapter for inclusion in the Nevada Revised Statutes based on the abstracts and
published opinions of the Commission.”.
Amend sec. 4, page 4, by deleting line 16 and inserting:
“6. [Except as otherwise provided in this subsection, upon] Upon such a”.
Amend sec. 4, page 4, by deleting lines 21 through 26 and inserting:
“testified or produced the books or papers before the Commission. [If the witness has been subpoenaed by the Commission in response to a request for an opinion filed pursuant to NRS 294A.345 or 294A.346, the court shall direct the witness to appear before the court as expeditiously as possible to allow the Commission to render its opinion within the time required by NRS 281.477.] A certified”.
Amend the bill as a whole by adding a new section designated sec. 7.5, following sec. 7, to read as follows:
“Sec. 7.5. NRS 281.521 is hereby amended to read as follows:
281.521 1. The Commission’s opinions may include guidance to a public officer or employee on questions whether:
(a) A conflict exists between his personal interest and his official duty.
(b) His official duties involve the use of discretionary judgment whose exercise in the particular matter would have a significant effect upon the disposition of the matter.
(c) The conflict would materially affect the independence of the judgment of a reasonable person in his situation.
(d) He possesses special knowledge which is an indispensable asset of his public agency and is needed by it to reach a sound decision.
(e) It would be appropriate for him to withdraw or abstain from participation, disclose the nature of his conflicting personal interest or pursue some other designated course of action in the matter.
2. [Except as otherwise provided in NRS 281.477, 294A.345 and 294A.346, the] The Commission’s opinions may not include guidance to a public officer or employee on questions regarding the provisions of chapter 294A of NRS.”.
Amend sec. 8, page 13, by deleting lines 11 through 18 and inserting:
“4. [In addition to any other penalty provided by law, by an affirmative vote of two-thirds of the Commission, the Commission may impose on any person who violates any provision of NRS 294A.345 or 294A.346 a civil penalty not to exceed $5,000. The Commission shall not impose a civil penalty for a violation of NRS 294A.345 unless the Commission has made the specific findings required pursuant to subsection 7 of NRS 281.477.
5.] If the Commission finds that:”.
Amend sec. 8, page 13, line 20, by deleting “it” and inserting:
“[it] the Commission”.
Amend sec. 8, page 13, line 32, by deleting “6.” and inserting “[6.] 5.”.
Amend sec. 8, page 13, line 44, by deleting “7.” and inserting “[7.] 6.”.
Amend sec. 8, page 14, line 4, by deleting “8.” and inserting “[8.] 7.”.
Amend sec. 8, page 14, by deleting lines 13 through 15 and inserting:
“[9.] 8. The imposition of a civil penalty pursuant to [subsections 1 to 4, inclusive,] subsection 1, 2 or 3 is a final decision for the purposes of judicial review.
[10. In determining for the purposes of this section whether a”.
Amend sec. 8, page 14, line 34, after “11.]” by inserting “9.”.
Amend the bill as a whole by adding new sections designated sections 8.3 and 8.7, following sec. 8, to read as follows:
“Sec. 8.3. NRS 281.552 is hereby amended to read as follows:
281.552 1. Every public officer shall acknowledge that he has received, read and understands the statutory ethical standards. The acknowledgment must be on a form prescribed by the Commission and must accompany the first statement of financial disclosure that the public officer is required to file with the Commission pursuant to section 1.7 of this act or with the Secretary of State pursuant to NRS 281.561.
2. The Commission and the Secretary of State shall retain an acknowledgment filed pursuant to this section for 6 years after the date on which the acknowledgment was filed.
3. Willful refusal to execute and file the acknowledgment required by this section constitutes nonfeasance in office and is a ground for removal pursuant to NRS 283.440.
Sec. 8.7. NRS 281.561 is hereby amended to read as follows:
281.561 1. Except as otherwise provided in subsection 2 or 3, [if a] each candidate for public office [or a public officer is] who will be entitled to receive annual compensation of $6,000 or more for serving in the office [in question, he] that he is seeking and each public officer who was elected to the office for which he is serving shall file with the [Commission,] Secretary of State, and with the officer with whom declarations of candidacy for the office [in question] are filed, a statement of financial disclosure, as follows:
(a) A candidate for nomination, election or reelection to public office shall file a statement of financial disclosure no later than the 10th day after the last day to qualify as a candidate for the office.
(b) [A public officer appointed to fill the unexpired term of an elected public officer shall file a statement of financial disclosure within 30 days after his appointment.
(c) Every public officer, whether appointed or elected,] Each public officer shall file a statement of financial disclosure on or before March 31 of each year of the term, including the year the term expires.
[(d)] (c) A public officer who leaves office on a date other than the expiration of his term or anniversary of his [appointment or election,] election shall file a statement of financial disclosure within 60 days after leaving office.
2. A statement filed pursuant to one of the paragraphs of subsection 1 may be used to satisfy the requirements of another paragraph of subsection 1 if the initial statement was filed not more than 3 months before the other statement is required to be filed.
3. If a person is serving in a public office for which he is required to file a statement pursuant to subsection 1, he may use the statement he files for that initial office to satisfy the requirements of subsection 1 for every other public office in which he is also serving.
4. A person may satisfy the requirements of subsection 1 by filing with the [Commission] Secretary of State a copy of a statement of financial disclosure that was filed pursuant to the requirements of a specialized or local ethics committee if the form of the statement has been approved by the Commission.
5. A candidate for judicial office or a judicial officer shall file a statement of financial disclosure pursuant to the requirements of Canon 4I of the Nevada Code of Judicial Conduct. Such a statement of financial disclosure must include, without limitation, all information required to be included in a statement of financial disclosure pursuant to NRS 281.571.
6. The Secretary of State shall prescribe, by regulation, procedures for the submission of statements of financial disclosure filed by candidates or public officers pursuant to this section, maintain files of such statements and make the statements available for public inspection.”.
Amend sec. 9, page 14, line 41, after “281.571” by inserting:
“and section 1.7 of this act”.
Amend sec. 11, page 15, line 19, after “281.561” by inserting:
“or section 1.7 of this act”.
Amend sec. 11, page 15, lines 24, 28, 32, 35 and 38, by deleting “281.561,” and inserting:
“281.561 or subsection 1 of section 1.7 of this act,”.
Amend the bill as a whole by adding a new section designated sec. 11.5, following sec. 11, to read as follows:
“Sec. 11.5. NRS 294A.410 is hereby amended to read as follows:
294A.410 1. [Except as otherwise provided in NRS 294A.345 and 294A.346, if] If it appears that the provisions of this chapter have been violated, the Secretary of State may:
(a) Conduct an investigation concerning the alleged violation and cause the appropriate proceedings to be instituted and prosecuted in the First Judicial District Court; or
(b) Refer the alleged violation to the Attorney General. The Attorney General shall investigate the alleged violation and institute and prosecute the appropriate proceedings in the First Judicial District Court without delay.
2. A person who believes that any provision of this chapter has been violated may notify the Secretary of State, in writing, of the alleged violation. The notice must be signed by the person alleging the violation and include any information in support of the alleged violation.”.
Amend sec. 12, page 16, by deleting line 13 and inserting:
“Sec. 12. NRS 281.437, 281.477, 281.525, 294A.345 and 294A.346 are hereby repealed.”.
Amend the bill as a whole by adding a new section designated sec. 12.5, following sec. 12, to read as follows:
“Sec. 12.5. The amendatory provisions of this act do not apply to conduct that occurred before the effective date of this act, or to the jurisdiction, duties, powers or proceedings of the Commission on Ethics relating to such conduct.”.
Amend the bill as a whole by deleting the text of repealed sections and inserting the leadlines of repealed sections, following sec. 13, to read as follows:
“
LEADLINES OF REPEALED SECTIONS
281.437 “Vexatious” defined.
281.477 Public hearing on request for opinion as to whether person committed act to impede success of political campaign: Request; notice; response; continuance; actions of Commission; judicial review of final opinion.
281.525 Use of false or misleading statement regarding opinion of Commission; penalty.
294A.345 Impeding success of campaign of candidate by causing publication of certain false statements of fact concerning candidate prohibited; civil penalty imposed by Commission on Ethics.
294A.346 Impeding success or inducing another to impede success of campaign of candidate or for ballot question prohibited; civil penalty imposed by Commission on Ethics.”.
Amend the title of the bill to read as follows:
“AN ACT relating to ethics in government; requiring certain public officers to submit electronically to the Commission on Ethics and the Secretary of State a list of public officers and candidates for public office; revising the prohibition against a public officer or employee using his position in government to secure or grant unwarranted privileges, preferences, exemptions or advantages for certain persons; removing a duplicative provision relating to the disclosure of certain conflicts of interest; revising certain deadlines related to investigations and determinations concerning ethics violations; eliminating the authority of the Commission to impose a civil penalty against a person who submits to the Commission a false accusation or information in bad faith or with a vexatious purpose; revising the provisions governing the filing of statements of financial disclosure; repealing the provision prohibiting a person from making, using, publishing or disseminating a false, deceptive or misleading statement to induce the Commission to render an opinion or take action relating thereto; repealing the provision prohibiting a person from making a false statement of fact concerning a candidate or a question on a ballot under certain circumstances; repealing the provision prohibiting certain persons from willfully impeding the success of the campaign of a candidate or the campaign for the passage or defeat of a question on a ballot; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows: