Assembly Bill No. 127–Committee on Elections, Procedures, and Ethics

 

February 13, 2003

____________

 

Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Repeals certain provisions relating to Commission on Ethics. (BDR 23‑47)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

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

 

AN ACT relating to ethics in government; repealing the provision prohibiting a person from making, using, publishing or disseminating a false, deceptive or misleading statement to induce the Commission on Ethics to render an opinion or take action relating thereto; 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; 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.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 281.461 is hereby amended to read as follows:

1-2  281.461  1.  The Commission shall:

1-3  (a) At its first meeting and annually thereafter elect a Chairman

1-4  and Vice Chairman from among its members.

2-1  (b) Meet regularly at least once in each calendar quarter, unless

2-2  there are no requests made for an opinion pursuant to NRS 281.511,

2-3  [294A.345 or 294A.346,] and at other times upon the call of the

2-4  Chairman.

2-5  2.  Members of the Commission are entitled to receive a salary

2-6  of not more than $80 per day, as fixed by the Commission, while

2-7  engaged in the business of the Commission.

2-8  3.  While engaged in the business of the Commission, each

2-9  member and employee of the Commission is entitled to receive the

2-10  per diem allowance and travel expenses provided for state officers

2-11  and employees generally.

2-12      4.  The Commission may, within the limits of legislative

2-13  appropriation, maintain such facilities as are required to carry out its

2-14  functions.

2-15      Sec. 2.  NRS 281.4635 is hereby amended to read as follows:

2-16      281.4635  1.  In addition to any other duties imposed upon

2-17  him, the Executive Director shall:

2-18      (a) Maintain complete and accurate records of all transactions

2-19  and proceedings of the Commission.

2-20      (b) Receive requests for opinions pursuant to NRS 281.511 . [,

2-21  294A.345 or 294A.346.]

2-22      (c) Gather information and conduct investigations regarding

2-23  requests for opinions received by the Commission and submit

2-24  recommendations to the panel appointed pursuant to NRS 281.462

2-25  regarding whether there is just and sufficient cause to render an

2-26  opinion in response to a particular request.

2-27      (d) Recommend to the Commission any regulations or

2-28  legislation that he considers desirable or necessary to improve the

2-29  operation of the Commission and maintain high standards of ethical

2-30  conduct in government.

2-31      (e) Upon the request of any public officer or the employer of a

2-32  public employee, conduct training on the requirements of this

2-33  chapter, the rules and regulations adopted by the Commission and

2-34  previous opinions of the Commission. In any such training, the

2-35  Executive Director shall emphasize that he is not a member of the

2-36  Commission and that only the Commission may issue opinions

2-37  concerning the application of the statutory ethical standards to any

2-38  given set of facts and circumstances. The Commission shall charge a

2-39  reasonable fee to cover the costs of training provided by the

2-40  Executive Director pursuant to this subsection.

2-41      (f) Perform such other duties, not inconsistent with law, as may

2-42  be required by the Commission.

2-43      2.  The Executive Director shall, within the limits of legislative

2-44  appropriation, employ such persons as are necessary to carry out any

2-45  of his duties relating to:

3-1  (a) The administration of the affairs of the Commission;

3-2  (b) The review of statements of financial disclosure; and

3-3  (c) The investigation of matters under the jurisdiction of the

3-4  Commission.

3-5  Sec. 3.  NRS 281.465 is hereby amended to read as follows:

3-6  281.465  1.  The Commission has jurisdiction to investigate

3-7  and take appropriate action regarding an alleged violation of[:

3-8  (a) This] this chapter by a public officer or employee or former

3-9  public officer or employee in any proceeding commenced by:

3-10          [(1)] (a) The filing of a request for an opinion with the

3-11  Commission; or

3-12          [(2)] (b) The Commission on its own motion.

3-13      [(b) NRS 294A.345 or 294A.346 in any proceeding commenced

3-14  by the filing of a request for an opinion pursuant thereto.]

3-15      2.  The provisions of [paragraph (a) of] subsection 1 apply to a

3-16  public officer or employee who:

3-17      (a) Currently holds public office or is publicly employed at the

3-18  commencement of proceedings against him.

3-19      (b) Resigns or otherwise leaves his public office or employment:

3-20          (1) After the commencement of proceedings against him; or

3-21          (2) Within 1 year after the alleged violation or reasonable

3-22  discovery of the alleged violation.

3-23      Sec. 4.  NRS 281.475 is hereby amended to read as follows:

3-24      281.475  1.  The Chairman and Vice Chairman of the

3-25  Commission may administer oaths.

3-26      2.  The Commission, upon majority vote, may issue a subpoena

3-27  to compel the attendance of a witness and the production of books

3-28  and papers. Upon the request of the Executive Director or the public

3-29  officer or public employee who is the subject of a request for an

3-30  opinion, the Chairman or, in his absence, the Vice Chairman, may

3-31  issue a subpoena to compel the attendance of a witness and the

3-32  production of books and papers.

3-33      3.  Before issuing a subpoena to a public officer or public

3-34  employee who is the subject of a request for an opinion, the

3-35  Executive Director shall submit a written request to the public

3-36  officer or public employee requesting:

3-37      (a) His appearance as a witness; or

3-38      (b) His production of any books and papers relating to the

3-39  request for an opinion.

3-40      4.  Each written request submitted by the Executive Director

3-41  pursuant to subsection 3 must specify the time and place for the

3-42  attendance of the public officer or public employee or the

3-43  production of any books and papers, and designate with certainty the

3-44  books and papers requested, if any. If the public officer or public

3-45  employee fails or refuses to attend at the time and place specified or

4-1  produce the books and papers requested by the Executive Director

4-2  within 5 business days after receipt of the request, the Chairman

4-3  may issue the subpoena. Failure of the public officer or public

4-4  employee to comply with the written request of the Executive

4-5  Director constitutes good cause for extension of the time set forth in

4-6  subsections 3 and 4 of NRS 281.511.

4-7  5.  If any witness refuses to attend, testify or produce any books

4-8  and papers as required by the subpoena, the Chairman of the

4-9  Commission may report to the district court by petition, setting forth

4-10  that:

4-11      (a) Due notice has been given of the time and place of

4-12  attendance of the witness or the production of the books and papers;

4-13      (b) The witness has been subpoenaed by the Commission

4-14  pursuant to this section; and

4-15      (c) The witness has failed or refused to attend or produce the

4-16  books and papers required by the subpoena before the Commission,

4-17  or has refused to answer questions propounded to him, and asking

4-18  for an order of the court compelling the witness to attend and testify

4-19  or produce the books and papers before the Commission.

4-20      6.  [Except as otherwise provided in this subsection, upon]

4-21  Upon such a petition, the court shall enter an order directing the

4-22  witness to appear before the court at a time and place to be fixed by

4-23  the court in its order, the time to be not more than 10 days after the

4-24  date of the order, and then and there show cause why he has not

4-25  attended, testified or produced the books or papers before the

4-26  Commission. [If the witness has been subpoenaed by the

4-27  Commission in response to a request for an opinion filed pursuant to

4-28  NRS 294A.345 or 294A.346, the court shall direct the witness to

4-29  appear before the court as expeditiously as possible to allow the

4-30  Commission to render its opinion within the time required by NRS

4-31  281.477.] A certified copy of the order must be served upon the

4-32  witness.

4-33      7.  If it appears to the court that the subpoena was regularly

4-34  issued by the Commission, the court shall enter an order that the

4-35  witness appear before the Commission, at the time and place fixed

4-36  in the order, and testify or produce the required books and papers.

4-37  Upon failure to obey the order, the witness must be dealt with as for

4-38  contempt of court.

4-39      Sec. 5.  NRS 281.511 is hereby amended to read as follows:

4-40      281.511  1.  The Commission shall render an opinion

4-41  interpreting the statutory ethical standards and apply the standards to

4-42  a given set of facts and circumstances upon request from a public

4-43  officer or employee who is seeking guidance on questions which

4-44  directly relate to the propriety of his own past, present or future

4-45  conduct as an officer or employee. He may also request the

5-1  Commission to hold a public hearing regarding the requested

5-2  opinion. If a requested opinion relates to the propriety of his own

5-3  present or future conduct, the opinion of the Commission is:

5-4  (a) Binding upon the requester as to his future conduct; and

5-5  (b) Final and subject to judicial review pursuant to NRS

5-6  233B.130, except that a proceeding regarding this review must be

5-7  held in closed court without admittance of persons other than those

5-8  necessary to the proceeding, unless this right to confidential

5-9  proceedings is waived by the requester.

5-10      2.  The Commission may render an opinion interpreting the

5-11  statutory ethical standards and apply the standards to a given set of

5-12  facts and circumstances:

5-13      (a) Upon request from a specialized or local ethics committee.

5-14      (b) Except as otherwise provided in this subsection, upon

5-15  request from a person, if the requester[:

5-16          (1) Submits] submits all related evidence deemed necessary

5-17  by the Executive Director and the panel to make a determination of

5-18  whether there is just and sufficient cause to render an opinion in the

5-19  matter . [; and

5-20          (2) Signs a statement on a form prescribed by the

5-21  Commission in which he affirms that:

5-22             (I) The accusation or information contained in the request

5-23  is true;

5-24             (II) He did not submit the request in bad faith or with a

5-25  vexatious purpose; and

5-26             (III) He understands that the Commission may impose

5-27  penalties upon him pursuant to NRS 281.551 if the Commission

5-28  determines that the accusation or information is false and was

5-29  submitted in bad faith or with a vexatious purpose.]

5-30      (c) Upon the Commission’s own motion regarding the propriety

5-31  of conduct by a public officer or employee. The Commission shall

5-32  not initiate proceedings pursuant to this paragraph based solely upon

5-33  an anonymous complaint.

5-34  The Commission shall not render an opinion interpreting the

5-35  statutory ethical standards or apply those standards to a given set of

5-36  facts and circumstances if the request is submitted by a person who

5-37  is incarcerated in a correctional facility in this state.

5-38      3.  Upon receipt of a request for an opinion by the Commission

5-39  or upon the motion of the Commission pursuant to subsection 2, the

5-40  Executive Director shall investigate the facts and circumstances

5-41  relating to the request to determine whether there is just and

5-42  sufficient cause for the Commission to render an opinion in the

5-43  matter. The public officer or employee that is the subject of the

5-44  request may submit to the Executive Director any information

5-45  relevant to the request. The Executive Director shall complete an

6-1  investigation and present his recommendation relating to just and

6-2  sufficient cause to the panel within 15 days after the receipt of or the

6-3  motion of the Commission for the request, unless the panel extends

6-4  the time for a period not to exceed 30 days upon the request of the

6-5  Executive Director for good cause shown or the request of the

6-6  public officer or employee. If the Executive Director determines

6-7  after an investigation that just and sufficient cause exists for the

6-8  Commission to render an opinion in the matter, he shall state such a

6-9  recommendation in writing, including, without limitation, the

6-10  specific evidence that supports his recommendation. If, after an

6-11  investigation, the Executive Director does not determine that just

6-12  and sufficient cause exists for the Commission to render an opinion

6-13  in the matter, he shall state such a recommendation in writing,

6-14  including, without limitation, the specific reasons for his

6-15  recommendation. Within 15 days after the Executive Director has

6-16  provided his recommendation in the matter to the panel, the panel

6-17  shall make a final determination regarding whether just and

6-18  sufficient cause exists for the Commission to render an opinion in

6-19  the matter, unless the Commission extends the time for a period not

6-20  to exceed 30 days upon the request of the panel for good cause

6-21  shown or the request of the public officer or employee. The panel

6-22  shall not determine that there is just and sufficient cause for the

6-23  Commission to render an opinion unless the panel has provided the

6-24  public officer or employee an opportunity to respond to the

6-25  allegations against him. The panel shall cause a record of its

6-26  proceedings in each matter to be kept and such a record must remain

6-27  confidential until the panel determines whether there is just and

6-28  sufficient cause for the Commission to render an opinion in the

6-29  matter.

6-30      4.  If the panel determines that just and sufficient cause exists

6-31  for the Commission to render an opinion requested pursuant to this

6-32  section, the Commission shall hold a hearing and render an opinion

6-33  in the matter within 30 days after the determination of just and

6-34  sufficient cause by the panel, unless the Commission extends the

6-35  time for a period not to exceed 30 days for good cause shown or

6-36  upon the request of the public officer or employee.

6-37      5.  Each request for an opinion that a public officer or employee

6-38  submits to the Commission pursuant to subsection 1, each opinion

6-39  rendered by the Commission in response to such a request and any

6-40  motion, determination, evidence or record of a hearing relating to

6-41  such a request are confidential unless the public officer or employee

6-42  who requested the opinion:

6-43      (a) Acts in contravention of the opinion, in which case the

6-44  Commission may disclose the request for the opinion, the contents

7-1  of the opinion and any motion, evidence or record of a hearing

7-2  related thereto;

7-3  (b) Discloses the request for the opinion, the contents of the

7-4  opinion or any motion, evidence or record of a hearing related

7-5  thereto; or

7-6  (c) Requests the Commission to disclose the request for the

7-7  opinion, the contents of the opinion or any motion, evidence or

7-8  record of a hearing related thereto.

7-9  6.  Except as otherwise provided in this subsection, each

7-10  document in the possession of the Commission or its staff that is

7-11  related to a request for an opinion regarding a public officer or

7-12  employee submitted to or initiated by the Commission pursuant to

7-13  subsection 2, including, without limitation, the Commission’s copy

7-14  of the request and all materials and information gathered in an

7-15  investigation of the request, is confidential until the panel

7-16  determines whether there is just and sufficient cause to render an

7-17  opinion in the matter. The public officer or employee who is the

7-18  subject of a request for an opinion submitted or initiated pursuant to

7-19  subsection 2 may , in writing , authorize the Commission to make its

7-20  files, material and information which are related to the request

7-21  publicly available.

7-22      7.  Except as otherwise provided in paragraphs (a) and (b), the

7-23  proceedings of a panel are confidential until the panel determines

7-24  whether there is just and sufficient cause to render an opinion. A

7-25  person who:

7-26      (a) Requests an opinion from the Commission pursuant to

7-27  paragraph (b) of subsection 2 may:

7-28          (1) At any time, reveal to a third party the alleged conduct of

7-29  a public officer or employee underlying the request that he filed

7-30  with the Commission or the substance of testimony, if any, that he

7-31  gave before the Commission.

7-32          (2) After the panel determines whether there is just and

7-33  sufficient cause to render an opinion in the matter, reveal to a third

7-34  party the fact that he requested an opinion from the Commission.

7-35      (b) Gives testimony before the Commission may:

7-36          (1) At any time, reveal to a third party the substance of

7-37  testimony that he gave before the Commission.

7-38          (2) After the panel determines whether there is just and

7-39  sufficient cause to render an opinion in the matter, reveal to a third

7-40  party the fact that he gave testimony before the Commission.

7-41      8.  Whenever the Commission holds a hearing pursuant to this

7-42  section, the Commission shall:

7-43      (a) Notify the person about whom the opinion was requested of

7-44  the place and time of the Commission’s hearing on the matter;

7-45      (b) Allow the person to be represented by counsel; and

8-1  (c) Allow the person to hear the evidence presented to the

8-2  Commission and to respond and present evidence on his own

8-3  behalf.

8-4  The Commission’s hearing may be held no sooner than 10 days after

8-5  the notice is given unless the person agrees to a shorter time.

8-6  9.  If a person who is not a party to a hearing before the

8-7  Commission, including, without limitation, a person who has

8-8  requested an opinion pursuant to paragraph (a) or (b) of subsection

8-9  2, wishes to ask a question of a witness at the hearing, the person

8-10  must submit the question to the Executive Director in writing. The

8-11  Executive Director may submit the question to the Commission if he

8-12  deems the question relevant and appropriate. This subsection does

8-13  not require the Commission to ask any question submitted by a

8-14  person who is not a party to the proceeding.

8-15      10.  If a person who requests an opinion pursuant to subsection

8-16  1 or 2 does not:

8-17      (a) Submit all necessary information to the Commission; and

8-18      (b) Declare by oath or affirmation that he will testify

8-19  truthfully,

8-20  the Commission may decline to render an opinion.

8-21      11.  For good cause shown, the Commission may take

8-22  testimony from a person by telephone or video conference.

8-23      12.  For the purposes of NRS 41.032, the members of the

8-24  Commission and its employees shall be deemed to be exercising or

8-25  performing a discretionary function or duty when taking an action

8-26  related to the rendering of an opinion pursuant to this section.

8-27      13.  A meeting or hearing that the Commission or the panel

8-28  holds to receive information or evidence concerning the propriety of

8-29  the conduct of a public officer or employee pursuant to this section

8-30  and the deliberations of the Commission and the panel on such

8-31  information or evidence are not subject to the provisions of chapter

8-32  241 of NRS.

8-33      Sec. 6.  NRS 281.521 is hereby amended to read as follows:

8-34      281.521  1.  The Commission’s opinions may include

8-35  guidance to a public officer or employee on questions whether:

8-36      (a) A conflict exists between his personal interest and his

8-37  official duty.

8-38      (b) His official duties involve the use of discretionary judgment

8-39  whose exercise in the particular matter would have a significant

8-40  effect upon the disposition of the matter.

8-41      (c) The conflict would materially affect the independence of the

8-42  judgment of a reasonable person in his situation.

8-43      (d) He possesses special knowledge which is an indispensable

8-44  asset of his public agency and is needed by it to reach a sound

8-45  decision.

9-1  (e) It would be appropriate for him to withdraw or abstain from

9-2  participation, disclose the nature of his conflicting personal interest

9-3  or pursue some other designated course of action in the matter.

9-4  2.  [Except as otherwise provided in NRS 281.477, 294A.345

9-5  and 294A.346, the] The Commission’s opinions may not include

9-6  guidance to a public officer or employee on questions regarding the

9-7  provisions of chapter 294A of NRS.

9-8  Sec. 7.  NRS 281.551 is hereby amended to read as follows:

9-9  281.551  1.  In addition to any other penalty provided by law,

9-10  the Commission may impose on a public officer or employee or

9-11  former public officer or employee civil penalties:

9-12      (a) Not to exceed $5,000 for a first willful violation of this

9-13  chapter;

9-14      (b) Not to exceed $10,000 for a separate act or event that

9-15  constitutes a second willful violation of this chapter; and

9-16      (c) Not to exceed $25,000 for a separate act or event that

9-17  constitutes a third willful violation of this chapter.

9-18      2.  In addition to other penalties provided by law, the

9-19  Commission may impose a civil penalty not to exceed $5,000 and

9-20  assess an amount equal to the amount of attorney’s fees and costs

9-21  actually and reasonably incurred by the person about whom an

9-22  opinion was requested pursuant to NRS 281.511, against a person

9-23  who[:

9-24      (a) Submits to the Commission, in bad faith or with a vexatious

9-25  purpose, an accusation or information that is false; or

9-26      (b) Prevents,] prevents, interferes with or attempts to prevent or

9-27  interfere with the discovery or investigation of a violation of this

9-28  chapter.

9-29      3.  If the Commission finds that a violation of a provision of

9-30  this chapter by a public officer or employee or former public officer

9-31  or employee has resulted in the realization by another person of a

9-32  financial benefit, the Commission may, in addition to other penalties

9-33  provided by law, require the current or former public officer or

9-34  employee to pay a civil penalty of not more than twice the amount

9-35  so realized.

9-36      4.  [In addition to any other penalty provided by law, by an

9-37  affirmative vote of two-thirds of the Commission, the Commission

9-38  may impose on any person who violates any provision of NRS

9-39  294A.345 or 294A.346 a civil penalty not to exceed $5,000. The

9-40  Commission shall not impose a civil penalty for a violation of NRS

9-41  294A.345 unless the Commission has made the specific findings

9-42  required pursuant to subsection 7 of NRS 281.477.

9-43      5.] If the Commission finds that:

9-44      (a) A willful violation of this chapter has been committed by a

9-45  public officer removable from office by impeachment only, [it] the

10-1  Commission shall file a report with the appropriate person

10-2  responsible for commencing impeachment proceedings as to its

10-3  finding. The report must contain a statement of the facts alleged to

10-4  constitute the violation.

10-5      (b) A willful violation of this chapter has been committed by a

10-6  public officer removable from office pursuant to NRS 283.440, the

10-7  Commission may file a proceeding in the appropriate court for

10-8  removal of the officer.

10-9      (c) Three or more willful violations have been committed by a

10-10  public officer removable from office pursuant to NRS 283.440, the

10-11  Commission shall file a proceeding in the appropriate court for

10-12  removal of the officer.

10-13     [6.] 5. An action taken by a public officer or employee or

10-14  former public officer or employee relating to NRS 281.481,

10-15  281.491, 281.501 or 281.505 is not a willful violation of a provision

10-16  of those sections if the public officer or employee:

10-17     (a) Relied in good faith upon the advice of the legal counsel

10-18  retained by the public body which the public officer represents or by

10-19  the employer of the public employee or upon the manual published

10-20  by the Commission pursuant to NRS 281.471;

10-21     (b) Was unable, through no fault of his own, to obtain an

10-22  opinion from the Commission before the action was taken; and

10-23     (c) Took action that was not contrary to a prior published

10-24  opinion issued by the Commission.

10-25     [7.] 6. In addition to other penalties provided by law, a public

10-26  employee who willfully violates a provision of NRS 281.481,

10-27  281.491, 281.501 or 281.505 is subject to disciplinary proceedings

10-28  by his employer and must be referred for action in accordance to the

10-29  applicable provisions governing his employment.

10-30     [8.] 7. NRS 281.481 to 281.541, inclusive, do not abrogate or

10-31  decrease the effect of the provisions of the Nevada Revised Statutes

10-32  which define crimes or prescribe punishments with respect to the

10-33  conduct of public officers or employees. If the Commission finds

10-34  that a public officer or employee has committed a willful violation

10-35  of this chapter which it believes may also constitute a criminal

10-36  offense, the Commission shall refer the matter to the Attorney

10-37  General or the district attorney, as appropriate, for a determination

10-38  of whether a crime has been committed that warrants prosecution.

10-39     [9.] 8. The imposition of a civil penalty pursuant to

10-40  [subsections 1 to 4, inclusive,] subsection 1, 2 or 3 is a final

10-41  decision for the purposes of judicial review.

10-42     [10.  In determining for the purposes of this section whether a

10-43  person submitted an accusation or information in bad faith or with a

10-44  vexatious purpose, the Commission may consider various factors,

10-45  including, without limitation:

11-1      (a) When the accusation or information was filed with or

11-2  provided to the Commission;

11-3      (b) Whether and, if applicable, in what manner the person who

11-4  submitted the accusation or information publicly disseminated the

11-5  accusation or information before the Commission determined

11-6  whether there was just and sufficient cause to render an opinion in

11-7  the matter;

11-8      (c) Whether the accusation or information sets forth alleged

11-9  facts or details that are misleading or deceptive; and

11-10     (d) Whether the accusation or information or the conduct of the

11-11  person who submitted the accusation or information:

11-12         (1) Would be perceived as annoying or harassing by a

11-13  reasonable person; or

11-14         (2) Demonstrates conscious disregard for the process and

11-15  procedures established by the Commission.

11-16     11.] 9. A finding by the Commission that a public officer or

11-17  employee has violated any provision of this chapter must be

11-18  supported by a preponderance of the evidence unless a greater

11-19  burden is otherwise prescribed by law.

11-20     Sec. 8.  NRS 294A.410 is hereby amended to read as follows:

11-21     294A.410  1.  [Except as otherwise provided in NRS

11-22  294A.345 and 294A.346, if] If it appears that the provisions of this

11-23  chapter have been violated, the Secretary of State may:

11-24     (a) Conduct an investigation concerning the alleged violation

11-25  and cause the appropriate proceedings to be instituted and

11-26  prosecuted in the First Judicial District Court; or

11-27     (b) Refer the alleged violation to the Attorney General. The

11-28  Attorney General shall investigate the alleged violation and institute

11-29  and prosecute the appropriate proceedings in the First Judicial

11-30  District Court without delay.

11-31     2.  A person who believes that any provision of this chapter has

11-32  been violated may notify the Secretary of State, in writing, of the

11-33  alleged violation. The notice must be signed by the person alleging

11-34  the violation and include any information in support of the alleged

11-35  violation.

11-36     Sec. 9.  NRS 281.437, 281.477, 281.525, 294A.345 and

11-37  294A.346 are hereby repealed.

11-38     Sec. 10.  The amendatory provisions of this act do not apply to

11-39  conduct that occurred before July 1, 2003, or to the jurisdiction,

11-40  duties, powers or proceedings of the Commission on Ethics relating

11-41  to such conduct.

11-42     Sec. 11.  This act becomes effective on July 1, 2003.

 

12-1  LEADLINES OF REPEALED SECTIONS

 

12-2      281.437  “Vexatious” defined.

12-3      281.477  Public hearing on request for opinion as to whether

12-4   person committed act to impede success of political campaign:

12-5   Request; notice; response; continuance; actions of Commission;

12-6   judicial review of final opinion.

12-7      281.525  Use of false or misleading statement regarding

12-8   opinion of Commission; penalty.

12-9      294A.345  Impeding success of campaign of candidate by

12-10   causing publication of certain false statements of fact

12-11   concerning candidate prohibited; civil penalty imposed by

12-12   Commission on Ethics.

12-13     294A.346  Impeding success or inducing another to impede

12-14   success of campaign of candidate or for ballot question

12-15   prohibited; civil penalty imposed by Commission on Ethics.

 

12-16  H