Assembly Bill No. 40

Assembly Bill No. 40-Committee on Government Affairs

January 23, 1997
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Referred to Committee on Government Affairs

SUMMARY--Requires candidates for public or judicial office and public and judicial officers to file amended statements of financial disclosure under certain circumstances. (BDR 23-15)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to public officers; requiring candidates for public or judicial office and public and judicial officers to file amended statements of financial disclosure under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1 NRS 281.561 is hereby amended to read as follows:
281.561 1. Every candidate for public or judicial office and every public or judicial officer shall file with the commission, and with the officer with whom declarations of candidacy for his respective office are filed, a statement of financial disclosure, as follows:
[1.] (a) A candidate for nomination, election or reelection 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.
[2.] (b) A public or judicial officer appointed to fill the unexpired term of an elected public or judicial officer shall file a statement of financial disclosure within 30 days after his appointment.
[3.] (c) Every public or judicial officer, whether appointed or elected, shall file a statement of financial disclosure on or before March 31 of each year of the term, including the year the term expires.
[4.] (d) A public or judicial officer who leaves office on a date other than the expiration of his term or anniversary of his appointment or election, shall file a statement of financial disclosure within 60 days after leaving office.
A statement filed pursuant to one of the [subsections] paragraphs of this [section] subsection may be used to satisfy the requirements of another [subsection] paragraph if the initial statement was filed within 3 months before the other statement is required to be filed. The public or judicial officer shall notify the commission in writing of his intention to use the previously filed statement to fulfill the present requirement. A person may satisfy the requirements of this section by filing with the commission a copy of a statement of financial disclosure which 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.
2. If, after a statement of financial disclosure is filed pursuant to this section, a change occurs in the information disclosed in that statement pursuant to paragraph (b) or (f) of NRS 281.571, a candidate for public or judicial office and a public or judicial officer shall file with the commission an amended statement of financial disclosure to disclose within 15 days after any such change, the current information relating to him or his spouse required pursuant to those paragraphs.
Sec. 2. NRS 281.573 is hereby amended to read as follows:
281.573 1. Except as otherwise provided in subsection 2, statements of financial disclosure or amended statements of financial disclosure required by the provisions of NRS 281.561 and 281.571 must be retained by the commission, secretary of state, county clerk and city clerk for 6 years after the date of filing.
2. For public officers who serve more than one term in [either] the same public office or more than one public office, the period prescribed in subsection 1 begins on the date of the filing of the last statement of financial disclosure for the last public office held.
Sec. 3. NRS 281.581 is hereby amended to read as follows:
281.581 A willful failure to file a statement of financial disclosure or an amended statement of financial disclosure as required by the provisions of NRS 281.561 and 281.571 or regulations adopted [thereunder] pursuant to those sections is a misdemeanor.
Sec. 4. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
Sec. 5. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.