Senate Bill No. 147–Committee on Government Affairs
CHAPTER..........
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT 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.
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 prescribed by the Commission, on or before December 1 of each year by:
(a) Each county clerk for all public officers of the county and other local governments within the county other than cities;
(b) Each city clerk for all public officers of the city;
(c) The Director of the Legislative Counsel Bureau for all public officers of the Legislative Branch; and
(d) The Chief of the Budget Division of the Department of Administration for all public officers of the Executive Branch.
2. The Secretary of State, 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 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 each candidate for public office who filed a declaration of candidacy or acceptance of candidacy with that officer within 10 days after the last day to qualify as a candidate for the applicable office.
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 January 15 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.
Sec. 2. NRS 281.431 is hereby amended to read as follows:
281.431 As used in NRS 281.411 to 281.581, inclusive, and sections 1.3 and 1.7 of this act, unless the context otherwise
requires, the words and terms defined in NRS 281.432 to 281.4375, inclusive, have the meanings ascribed to them in those sections.
Sec. 2.5. (Deleted by amendment.)
Sec. 3. NRS 281.4635 is hereby amended to read as follows:
281.4635 1. In addition to any other duties imposed upon him, the Executive Director shall:
(a) Maintain complete and accurate records of all transactions and proceedings of the Commission.
(b) Receive requests for opinions pursuant to NRS 281.511, 294A.345 or 294A.346.
(c) Gather information and conduct investigations regarding requests for opinions received by the Commission and submit recommendations to the panel appointed pursuant to NRS 281.462 regarding whether there is just and sufficient cause to render an opinion in response to a particular request.
(d) Recommend to the Commission any regulations or legislation that he considers desirable or necessary to improve the operation of the Commission and maintain high standards of ethical conduct in government.
(e) Upon the request of any public officer or the employer of a public employee, conduct training on the requirements of this chapter, the rules and regulations adopted by the Commission and previous opinions of the Commission. In any such training, the Executive Director shall emphasize that he is not a member of the Commission and that only the Commission may issue opinions concerning the application of the statutory ethical standards to any given set of facts and circumstances. The Commission [shall] may charge a reasonable fee to cover the costs of training provided by the Executive Director pursuant to this subsection.
(f) Perform such other duties, not inconsistent with law, as may be required by the Commission.
2. The Executive Director shall, within the limits of legislative appropriation, employ such persons as are necessary to carry out any of his duties relating to:
(a) The administration of the affairs of the Commission;
(b) The review of statements of financial disclosure; and
(c) The investigation of matters under the jurisdiction of the Commission.
Sec. 3.3. (Deleted by amendment.)
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.
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.
Sec. 4. NRS 281.475 is hereby amended to read as follows:
281.475 1. The Chairman and Vice Chairman of the Commission may administer oaths.
2. The Commission, upon majority vote, may issue a subpoena to compel the attendance of a witness and the production of books and papers. Upon the request of the Executive Director or the public officer or public employee who is the subject of a request for an opinion, the Chairman or, in his absence, the Vice Chairman, may issue a subpoena to compel the attendance of a witness and the production of books and papers.
3. Before issuing a subpoena to a public officer or public employee who is the subject of a request for an opinion, the Executive Director shall submit a written request to the public officer or public employee requesting:
(a) His appearance as a witness; or
(b) His production of any books and papers relating to the request for an opinion.
4. Each written request
submitted by the Executive Director pursuant to subsection 3 must specify the
time and place for the attendance of the public officer or public employee or
the production of any books and papers, and designate with certainty
the books and papers requested, if any. If the public officer or public
employee fails or refuses to attend at the time and place specified or produce
the books and papers requested by the Executive Director within 5 business days
after receipt of the request, the Chairman may issue the subpoena. Failure of
the public officer or public employee to comply with the written request of the
Executive Director [constitutes good cause
for extension] shall be deemed a waiver by the public
officer or public employee of the time set forth in subsections 3
and 4 of NRS 281.511.
5. If any witness refuses to attend, testify or produce any books and papers as required by the subpoena, the Chairman of the Commission may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) The witness has been subpoenaed by the Commission pursuant to this section; and
(c) The witness has failed or refused to attend or produce the books and papers required by the subpoena before the Commission, or has refused to answer questions propounded to him, and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the Commission.
6. Except as otherwise provided in this subsection, upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not attended, 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 copy of the order must be served upon the witness.
7. If it appears to the court that the subpoena was regularly issued by the Commission, the court shall enter an order that the witness appear before the Commission, at the time and place fixed in the order, and testify or produce the required books and papers. Upon failure to obey the order, the witness must be dealt with as for contempt of court.
Sec. 5. NRS 281.481 is hereby amended to read as follows:
281.481 A code of ethical standards is hereby established to
govern the conduct of public officers and employees:
1. A public officer or employee shall not seek or accept any
gift, service, favor, employment, engagement, emolument or
economic opportunity which would tend improperly to influence a
reasonable person in his position to depart from the faithful and
impartial discharge of his public duties.
2. A public officer or employee shall not use his position in
government to secure or grant unwarranted privileges, preferences,
exemptions or advantages for himself, [any member of his
household,] any business entity in which he has a significant
pecuniary interest, or any [other person.] person to whom he has a
commitment in a private capacity to the interests of that person. As
used in this subsection [, “unwarranted”] :
(a) “Commitment in a private capacity to the interests of that
person” has the meaning ascribed to “commitment in a private
capacity to the interests of others” in subsection 7 of NRS 281.501.
(b) “Unwarranted” means without justification or adequate
reason.
3. A public officer or employee shall not participate as an agent
of government in the negotiation or execution of a contract between
the government and any private business in which he has a
significant pecuniary interest.
4. A public officer or employee shall not accept any salary,
retainer, augmentation, expense allowance or other compensation
from any private source for the performance of his duties as a public
officer or employee.
5. If a public officer or employee acquires, through his public
duties or relationships, any information which by law or practice is
not at the time available to people generally, he shall not use the
information to further the pecuniary interests of himself or any other
person or business entity.
6. A public officer or employee shall not suppress any
governmental report or other document because it might tend to
affect unfavorably his pecuniary interests.
7. A public officer or employee, other than a member of the
Legislature, shall not use governmental time, property, equipment or
other facility to benefit his personal or financial interest. This
subsection does not prohibit:
(a) A limited use of governmental property, equipment or other
facility for personal purposes if:
(1) The public officer who is responsible for and has
authority to authorize the use of such property, equipment or other
facility has established a policy allowing the use or the use is
necessary as a result of emergency circumstances;
(2) The use does not interfere with the performance of his
public duties;
(3) The cost or value related to the use is nominal; and
(4) The use does not create the appearance of impropriety;
(b) The use of mailing lists, computer data or other information
lawfully obtained from a governmental agency which is available to
members of the general public for nongovernmental purposes; or
(c) The use of telephones or other means of communication if
there is not a special charge for that use.
If a governmental agency incurs a cost as a result of a use that is
authorized pursuant to this subsection or would ordinarily charge a
member of the general public for the use, the public officer or
employee shall promptly reimburse the cost or pay the charge to the
governmental agency.
8. A member of the Legislature shall not:
(a) Use governmental time, property, equipment or other facility
for a nongovernmental purpose or for the private benefit of himself
or any other person. This paragraph does not prohibit:
(1) A limited use of state property and resources for personal
purposes if:
(I) The use does not interfere with the performance of his
public duties;
(II) The cost or value related to the use is nominal; and
(III) The use does not create the appearance of
impropriety;
(2) The use of mailing lists, computer data or other
information lawfully obtained from a governmental agency which is
available to members of the general public for nongovernmental
purposes; or
(3) The use of telephones or other means of communication
if there is not a special charge for that use.
(b) Require or authorize a legislative employee, while on duty,
to perform personal services or assist in a private activity, except:
(1) In unusual and infrequent situations where the
employee’s service is reasonably necessary to permit the Legislator
or legislative employee to perform his official duties; or
(2) Where such service has otherwise been established as
legislative policy.
9. A public officer or employee shall not attempt to benefit his
personal or financial interest through the influence of a subordinate.
10. A public officer or employee shall not seek other
employment or contracts through the use of his official position.
Sec. 6. NRS 281.501 is hereby amended to read as follows:
281.501 1. Except as otherwise provided in subsection 2 or 3,
a public officer may vote upon a matter if the benefit or detriment
accruing to him as a result of the decision either individually or in a
representative capacity as a member of a general business,
profession, occupation or group is not greater than that accruing to
any other member of the general business, profession, occupation or
group.
2. In addition to the requirements of the code of ethical
standards, a public officer shall not vote upon or advocate the
passage or failure of, but may otherwise participate in the
consideration of a matter with respect to which the independence of
judgment of a reasonable person in his situation would be materially
affected by:
(a) His acceptance of a gift or loan;
(b) His pecuniary interest; or
(c) His commitment in a private capacity to the interests of
others.
It must be presumed that the independence of judgment of a
reasonable person would not be materially affected by his pecuniary
interest or his commitment in a private capacity to the interests of
others where the resulting benefit or detriment accruing to him or to
the other persons whose interests to which the member is committed
in a private capacity is not greater than that accruing to any other
member of the general business, profession, occupation or group.
The presumption set forth in this subsection does not affect the
applicability of the requirements set forth in subsection 3 relating to
the disclosure of the pecuniary interest or commitment in a private
capacity to the interests of others.
3. A public officer or employee shall not approve, disapprove,
vote, abstain from voting or otherwise act upon any matter:
(a) Regarding which he has accepted a gift or loan;
(b) Which would reasonably be affected by his commitment in a
private capacity to the interest of others; or
(c) In which he has a pecuniary interest,
without disclosing sufficient information concerning the gift, loan,
commitment or interest to inform the public of the potential effect of
the action or abstention upon the person who provided the gift or
loan, upon the person to whom he has a commitment, or upon his
interest. Except as otherwise provided in subsection [6,] 5, such a
disclosure must be made at the time the matter is considered. If the
officer or employee is a member of a body which makes decisions,
he shall make the disclosure in public to the Chairman and other
members of the body. If the officer or employee is not a member of
such a body and holds an appointive office, he shall make the
disclosure to the supervisory head of his organization or, if he holds
an elective office, to the general public in the area from which he is
elected. This subsection does not require a public officer to disclose
any campaign contributions that the public officer reported pursuant
to NRS 294A.120 or 294A.125 in a timely manner.
4. If a public officer declares to the body or committee in
which the vote is to be taken that he will abstain from voting
because of the requirements of this section, the necessary quorum to
act upon and the number of votes necessary to act upon the matter,
as fixed by any statute, ordinance or rule, is reduced as though the
member abstaining were not a member of the body or committee.
5. [If a public officer is voting on a matter which affects public
employees, he shall make a full public disclosure of any personal
pecuniary interest which he may have in the matter.
6.] After a member of the Legislature makes a disclosure
pursuant to subsection 3, he may file with the Director of the
Legislative Counsel Bureau a written statement of his disclosure.
The written statement must designate the matter to which the
disclosure applies. After a Legislator files a written statement
pursuant to this subsection, he is not required to disclose orally his
interest when the matter is further considered by the Legislature or
any committee thereof. A written statement of disclosure is a public
record and must be made available for inspection by the public
during the regular office hours of the Legislative Counsel Bureau.
[7.] 6. The provisions of this section do not, under any
circumstances:
(a) Prohibit a member of the legislative branch from requesting
or introducing a legislative measure; or
(b) Require a member of the legislative branch to take any
particular action before or while requesting or introducing a
legislative measure.
[8.] 7. As used in this section, “commitment in a private
capacity to the interests of others” means a commitment to a person:
(a) Who is a member of his household;
(b) Who is related to him by blood, adoption or marriage within
the third degree of consanguinity or affinity;
(c) Who employs him or a member of his household;
(d) With whom he has a substantial and continuing business
relationship; or
(e) Any other commitment or relationship that is substantially
similar to a commitment or relationship described in this subsection.
Sec. 7. NRS 281.511 is hereby amended to read as follows:
281.511 1. The Commission shall render an opinion
interpreting the statutory ethical standards and apply the standards to
a given set of facts and circumstances upon request , on a form
prescribed by the Commission, from a public officer or employee
who is seeking guidance on questions which directly relate to the
propriety of his own past, present or future conduct as an officer or
employee. He may also request the Commission to hold a public
hearing regarding the requested opinion. If a requested opinion
relates to the propriety of his own present or future conduct, the
opinion of the Commission is:
(a) Binding upon the requester as to his future conduct; and
(b) Final and subject to judicial review pursuant to NRS
233B.130, except that a proceeding regarding this review must be
held in closed court without admittance of persons other than those
necessary to the proceeding, unless this right to confidential
proceedings is waived by the requester.
2. The Commission may render an opinion interpreting the
statutory ethical standards and apply the standards to a given set of
facts and circumstances:
(a) Upon request from a specialized or local ethics committee.
(b) Except as otherwise provided in this subsection, upon
request from a person, if the requester[:
(1) Submits all] submits:
(1) The request on a form prescribed by the Commission;
and
(2) All related evidence deemed necessary by the Executive
Director and the panel to make a determination of whether there is
just and sufficient cause to render an opinion in the matter . [; and
(2) Signs a statement on a form prescribed by the
Commission in which he affirms that:
(I) The accusation or information contained in the request
is true;
(II) He did not submit the request in bad faith or with a
vexatious purpose; and
(III) He understands that the Commission may impose
penalties upon him pursuant to NRS 281.551 if the Commission
determines that the accusation or information is false and was
submitted in bad faith or with a vexatious purpose.]
(c) Upon the Commission’s own motion regarding the propriety
of conduct by a public officer or employee. The Commission shall
not initiate proceedings pursuant to this paragraph based solely upon
an anonymous complaint.
The Commission shall not render an opinion interpreting the
statutory ethical standards or apply those standards to a given set of
facts and circumstances if the request is submitted by a person who
is incarcerated in a correctional facility in this state.
3. Upon receipt of a request for an opinion by the Commission
or upon the motion of the Commission pursuant to subsection 2, the
Executive Director shall investigate the facts and circumstances
relating to the request to determine whether there is just and
sufficient cause for the Commission to render an opinion in the
matter. The public officer or employee that is the subject of the
request may submit to the Executive Director any information
relevant to the request. The Executive Director shall complete an
investigation and present his recommendation relating to just and
sufficient cause to the panel within [15] 45 days after the receipt of
or the motion of the Commission for the request, unless the [panel
extends the time for a period not to exceed 30 days upon the request
of the Executive Director for good cause shown or the request of
the] public officer or employee [.] waives this time limit. If the
Executive Director determines after an investigation that just and
sufficient cause exists for the Commission to render an opinion in
the matter, he shall state such a recommendation in writing,
including, without limitation, the specific evidence that supports his
recommendation. If, after an investigation, the Executive Director
does not determine that just and sufficient cause exists for the
Commission to render an opinion in the matter, he shall state such a
recommendation in writing, including, without limitation, the
specific reasons for his recommendation. Within 15 days after the
Executive Director has provided his recommendation in the matter
to the panel, the panel shall make a final determination regarding
whether just and sufficient cause exists for the Commission to
render an opinion in the matter, unless the [Commission extends the
time for a period not to exceed 30 days upon the request of the panel
for good cause shown or the request of the] public officer or
employee [.] waives this time limit. The panel shall not determine
that there is just and sufficient cause for the Commission to render
an opinion unless the panel has provided the public officer or
employee an opportunity to respond to the allegations against him.
The panel shall cause a record of its proceedings in each matter to
be kept , and such a record must remain confidential until the panel
determines whether there is just and sufficient cause for the
Commission to render an opinion in the matter.
4. If the panel determines that just and sufficient cause exists
for the Commission to render an opinion requested pursuant to this
section, the Commission shall hold a hearing and render an opinion
in the matter within 30 days after the determination of just and
sufficient cause by the panel, unless the [Commission extends the
time for a period not to exceed 30 days for good cause shown or
upon the request of the] public officer or employee [.] waives this
time limit.
5. Each request for an opinion that a public officer or employee
submits to the Commission pursuant to subsection 1, each opinion
rendered by the Commission in response to such a request and any
motion, determination, evidence or record of a hearing relating to
such a request are confidential unless the public officer or employee
who requested the opinion:
(a) Acts in contravention of the opinion, in which case the
Commission may disclose the request for the opinion, the contents
of the opinion and any motion, evidence or record of a hearing
related thereto;
(b) Discloses the request for the opinion, the contents of the
opinion , or any motion, evidence or record of a hearing related
thereto; or
(c) Requests the Commission to disclose the request for the
opinion, the contents of the opinion , or any motion, evidence or
record of a hearing related thereto.
6. Except as otherwise provided in this subsection, each
document in the possession of the Commission or its staff that is
related to a request for an opinion regarding a public officer or
employee submitted to or initiated by the Commission pursuant to
subsection 2, including, without limitation, the Commission’s copy
of the request and all materials and information gathered in an
investigation of the request, is confidential until the panel
determines whether there is just and sufficient cause to render an
opinion in the matter. The public officer or employee who is the
subject of a request for an opinion submitted or initiated pursuant to
subsection 2 may in writing authorize the Commission to make its
files, material and information which are related to the request
publicly available.
7. Except as otherwise provided in paragraphs (a) and (b), the
proceedings of a panel are confidential until the panel determines
whether there is just and sufficient cause to render an opinion. A
person who:
(a) Requests an opinion from the Commission pursuant to
paragraph (b) of subsection 2 may:
(1) At any time, reveal to a third party the alleged conduct of
a public officer or employee underlying the request that he filed
with the Commission or the substance of testimony, if any, that he
gave before the Commission.
(2) After the panel determines whether there is just and
sufficient cause to render an opinion in the matter, reveal to a third
party the fact that he requested an opinion from the Commission.
(b) Gives testimony before the Commission may:
(1) At any time, reveal to a third party the substance of
testimony that he gave before the Commission.
(2) After the panel determines whether there is just and
sufficient cause to render an opinion in the matter, reveal to a third
party the fact that he gave testimony before the Commission.
8. Whenever the Commission holds a hearing pursuant to this
section, the Commission shall:
(a) Notify the person about whom the opinion was requested of
the place and time of the Commission’s hearing on the matter;
(b) Allow the person to be represented by counsel; and
(c) Allow the person to hear the evidence presented to the
Commission and to respond and present evidence on his own
behalf.
The Commission’s hearing may be held no sooner than 10 days after
the notice is given unless the person agrees to a shorter time.
9. If a person who is not a party to a hearing before the
Commission, including, without limitation, a person who has
requested an opinion pursuant to paragraph (a) or (b) of subsection
2, wishes to ask a question of a witness at the hearing, the person
must submit the question to the Executive Director in writing. The
Executive Director may submit the question to the Commission if he
deems the question relevant and appropriate. This subsection does
not require the Commission to ask any question submitted by a
person who is not a party to the proceeding.
10. If a person who requests an opinion pursuant to subsection
1 or 2 does not:
(a) Submit all necessary information to the Commission; and
(b) Declare by oath or affirmation that he will testify
truthfully,
the Commission may decline to render an opinion.
11. For good cause shown, the Commission may take
testimony from a person by telephone or video conference.
12. For the purposes of NRS 41.032, the members of the
Commission and its employees shall be deemed to be exercising or
performing a discretionary function or duty when taking an action
related to the rendering of an opinion pursuant to this section.
13. A meeting or hearing that the Commission or the panel
holds to receive information or evidence concerning the propriety of
the conduct of a public officer or employee pursuant to this section
and the deliberations of the Commission and the panel on such
information or evidence are not subject to the provisions of chapter
241 of NRS.
Sec. 7.5. (Deleted by amendment.)
Sec. 8. NRS 281.551 is hereby amended to read as follows:
281.551 1. In addition to any other penalty provided by law,
the Commission may impose on a public officer or employee or
former public officer or employee civil penalties:
(a) Not to exceed $5,000 for a first willful violation of this
chapter;
(b) Not to exceed $10,000 for a separate act or event that
constitutes a second willful violation of this chapter; and
(c) Not to exceed $25,000 for a separate act or event that
constitutes a third willful violation of this chapter.
2. In addition to other penalties provided by law, the
Commission may impose a civil penalty not to exceed $5,000 and
assess an amount equal to the amount of attorney’s fees and costs
actually and reasonably incurred by the person about whom an
opinion was requested pursuant to NRS 281.511, against a person
who[:
(a) Submits to the Commission, in bad faith or with a vexatious
purpose, an accusation or information that is false; or
(b) Prevents,] prevents, interferes with or attempts to prevent or
interfere with the discovery or investigation of a violation of this
chapter.
3. If the Commission finds that a violation of a provision of
this chapter by a public officer or employee or former public officer
or employee has resulted in the realization by another person of a
financial benefit, the Commission may, in addition to other penalties
provided by law, require the current or former public officer or
employee to pay a civil penalty of not more than twice the amount
so realized.
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:
(a) A willful violation of this chapter has been committed by a
public officer removable from office by impeachment only, [it] the
Commission shall file a report with the appropriate person
responsible for commencing impeachment proceedings as to its
finding. The report must contain a statement of the facts alleged to
constitute the violation.
(b) A willful violation of this chapter has been committed by a
public officer removable from office pursuant to NRS 283.440, the
Commission may file a proceeding in the appropriate court for
removal of the officer.
(c) Three or more willful violations have been committed by a
public officer removable from office pursuant to NRS 283.440, the
Commission shall file a proceeding in the appropriate court for
removal of the officer.
6. An action taken by a public officer or employee or former
public officer or employee relating to NRS 281.481, 281.491,
281.501 or 281.505 is not a willful violation of a provision of those
sections if the public officer or employee:
(a) Relied in good faith upon the advice of the legal counsel
retained by the public body which the public officer represents or by
the employer of the public employee or upon the manual published
by the Commission pursuant to NRS 281.471;
(b) Was unable, through no fault of his own, to obtain an
opinion from the Commission before the action was taken; and
(c) Took action that was not contrary to a prior published
opinion issued by the Commission.
7. In addition to other penalties provided by law, a public
employee who willfully violates a provision of NRS 281.481,
281.491, 281.501 or 281.505 is subject to disciplinary proceedings
by his employer and must be referred for action in accordance to the
applicable provisions governing his employment.
8. NRS 281.481 to 281.541, inclusive, do not abrogate or
decrease the effect of the provisions of the Nevada Revised Statutes
which define crimes or prescribe punishments with respect to the
conduct of public officers or employees. If the Commission finds
that a public officer or employee has committed a willful violation
of this chapter which it believes may also constitute a criminal
offense, the Commission shall refer the matter to the Attorney
General or the district attorney, as appropriate, for a determination
of whether a crime has been committed that warrants prosecution.
9. The imposition of a civil penalty pursuant to subsections 1 to
4, inclusive, is a final decision for the purposes of judicial review.
10. [In determining for the purposes of this section whether a
person submitted an accusation or information in bad faith or with a
vexatious purpose, the Commission may consider various factors,
including, without limitation:
(a) When the accusation or information was filed with or
provided to the Commission;
(b) Whether and, if applicable, in what manner the person who
submitted the accusation or information publicly disseminated the
accusation or information before the Commission determined
whether there was just and sufficient cause to render an opinion in
the matter;
(c) Whether the accusation or information sets forth alleged
facts or details that are misleading or deceptive; and
(d) Whether the accusation or information or the conduct of the
person who submitted the accusation or information:
(1) Would be perceived as annoying or harassing by a
reasonable person; or
(2) Demonstrates conscious disregard for the process and
procedures established by the Commission.
11.] A finding by the Commission that a public officer or
employee has violated any provision of this chapter must be
supported by a preponderance of the evidence unless a greater
burden is otherwise prescribed by law.
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] January 15 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.
Sec. 9. NRS 281.573 is hereby amended to read as follows:
281.573 1. Except as otherwise provided in subsection 2,
statements of financial disclosure required by the provisions of NRS
281.561 and 281.571 and section 1.7 of this act must be retained by
the Commission, Secretary of State, county clerk , or registrar of
voters of the county if one was appointed pursuant to NRS
244.164, 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. 10. NRS 281.575 is hereby amended to read as follows:
281.575 The Secretary of State and each county clerk, or the
registrar of voters of the county if one was appointed pursuant to
NRS 244.164, or city clerk who receives from a candidate for public
office a declaration of candidacy, acceptance of candidacy or
certificate of candidacy shall give to the candidate the form
prescribed by the Commission for the making of a statement of
financial disclosure, accompanied by instructions on how to
complete the form, where it must be filed and the time by which it
must be filed.
Sec. 11. NRS 281.581 is hereby amended to read as follows:
281.581 1. A candidate for public office or public officer
who willfully fails to file his statement of financial disclosure or
willfully fails to file his statement of financial disclosure in a
timely manner pursuant to NRS 281.561 or section 1.7 of this act is
subject to a civil penalty and payment of court costs and attorney’s
fees. Except as otherwise provided in subsection 3, the amount of
the civil penalty is:
(a) If the statement is filed not more than [7 days late, $25 for
each day the statement is late.] 10 days after the applicable
deadline set forth in subsection 1 of NRS 281.561 or subsection 1
of section 1.7 of this act, $25.
(b) If the statement is filed more than [7 days late] 10 days but
not more than [15 days late, $175 for the first 7 days, plus $50 for
each additional day the statement is late.] 20 days after the
applicable deadline set forth in subsection 1 of NRS 281.561 or
subsection 1 of section 1.7 of this act, $50.
(c) If the statement is filed more than [15 days late, $575 for the
first 15 days, plus $100 for each additional day the statement is
late.] 20 days but not more than 30 days after the applicable
deadline set forth in subsection 1 of NRS 281.561 or subsection 1
of section 1.7 of this act, $100.
(d) If the statement is filed more than 30 days but not more
than 45 days after the applicable deadline set forth in subsection 1
of NRS 281.561 or subsection 1 of section 1.7 of this act, $250.
(e) If the statement is not filed or is filed more than 45 days
after the applicable deadline set forth in subsection 1 of NRS
281.561 or subsection 1 of section 1.7 of this act, $2,000.
2. The Commission may, for good cause shown, waive [or
reduce] the civil penalty.
3. The civil penalty imposed for a violation of this section must
not exceed the annual compensation for the office for which the
statement was filed.
4. The civil penalty must be recovered in a civil action brought
in the name of the State of Nevada by the Commission in a court of
competent jurisdiction and deposited by the Commission in the
account for credit to the State General Fund in the bank designated
by the State Treasurer.
5. If the Commission waives a civil penalty pursuant to
subsection 2, the Commission shall:
(a) Create a record which sets forth that the civil penalty has
been waived and describes the circumstances that constitute the
good cause shown; and
(b) Ensure that the record created pursuant to paragraph (a) is
available for review by the general public.
6. As used in this section, “willfully” means deliberately,
intentionally and knowingly.
Sec. 11.5. (Deleted by amendment.)
Sec. 12. NRS 281.437 and 281.525 are hereby repealed.
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.
Sec. 13. This act becomes effective upon passage and
approval.
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