AB 65 — Revises provisions relating to ethics in government. (BDR 23-257)

The Ethics Law alsoalsoy persons contains certain limited-use exceptions that allow a limited use of governmental property, equipment or other facility for personal purposes if the limited use meets certain requirements.

(NRS 281A.400) Section 29 of this bill revises these proFirst,prohibitions oneand of the existing requirements for the limited-use exceptions isin thatseveral theways. public officer or employee who is responsible for and has authority to authorize the limited use for personal purposes must have established a policy allowing the limited use.

(NRSFirst, 281A.400)one Sectionof 29the clarifiesexisting requirements for the exceptionlimited-use byexceptions providingis that -the *AB65_R1*public –officer 5or –employee who is responsible for and has authority to authorize the limited use occurs.for personal purposes must have established a policy allowing the limited use.

authorized(NRS by281A.400) aSection written29 policyclarifies whichthe wasexception adoptedby beforeproviding Second,that one of the existinglimited requirementsuse formust thebe limited-useauthorized exceptionsby isa thatwritten thepolicy limitedwhich usewas foradopted personalbefore purposes must not create the appearancelimited ofuse impropriety.occurs.

Second, one of the existing requirements for the limited-use exceptions is that the limited use for personal purposes must not create the appearance of impropriety.

Withemployees certainfrom exceptions,acting theupon Ethicsa Lawmatter prohibitsin publicwhich officerstheir andpersonal or private interests may create potential conflicts of interests unless, at the time the matter isstsis considered, they make a disclosure that is sufficient to inform the public of their potential conflicts of interests.

- 81st Session (2021) – 5 – The Ethics Law allows certain public officers to represent or counsel private persons for compensation before state or local agencies in which they do not serve.

(NRS 281A.410, 281A.420) Section 31 requires public officers to abstain from acting on a matter under certain circumstances when such private representation or counseling results in conflicts of interests with their public duties.

The Ethics Law prohibits certain former public officers and employees, for a 1- year “cooling-off” period after the termination of their public service or employment, from soliciting or accepting private employment from any entities regulated or awarded certain contracts by the agencies that employed the former public officers and employees.

Section 33 also provides that the “cooling-off” period applies when certain current and former public officers and employees are or were materially involved in the implementation, management or administration of certain contracts awarded by their employing agencies.

The Ethics Law requires public officers to execute and timely file with the Ethics Commission written acknowledgments that they have received, read and the understand the statutory ethical standards and that they have a responsibility to become familiar with any amendments to those standards.

(1) compile a list of the public officers within their purview who must file the written acknowledgment of the Commission.statutory ethical standards;

Under existing law, these same appointing authorities andEthics administrative officials must compile and (2) submit athe similar list annually to the SecretaryEthics ofCommission. State concerning public officers who must file financial disclosure statements with the Secretary of State.

(NRSUnder 281.574)existing -law, *AB65_R1*these –same 6appointing –authorities concerningand requestsadministrative forofficials advisorymust opinionscompile and ethicssubmit complaintsa andsimilar list annually to the issuanceSecretary of opinionsState andconcerning thepublic impositionofficers ofwho remediesmust andfile penaltiesfinancial bydisclosure statements with the EthicsSecretary Commission.of State.

(NRS 281.574) The Ethics Law contains existing provisions which govern the proceedings concerning requests for advisory opinions and ethics complaints and the issuance of opinions and the imposition of remedies and penalties by the Ethics Commission.

Under the Ethics Law, the Ethics Commission issues opinions interpreting the statutory ethical standards and applying those standards to a given set of facts and circumstances.

(NRS 281A.680, 281A.710) The Ethics Law also directs the of facts and Legislative Counsel to prepare annotations of the Ethics Commission’s published definesopinions “publishedfor opinion”inclusion asin an opinion issued by the EthicsNevada CommissionRevised thatStatutes. is publicly available on the Internet website of the Ethics Commission.

(NRS 281A.290) Section 5 defines “published opinion” as an opinion issued by the Ethics Commission that is publicly available on the Internet website of the Ethics Commission.

(1) seek guidance relating to the propriety of their own past, present or future conduct under the statutory ethical - 81st Session (2021) – 6 – standards;

or (2) request relief from the strict application of certain provisions of Commission to request additional information relating to the requestEthics forLaw. ans advisory opinion from the requester or his or her legal counsel.

If(NRS the281A.675) requesterSection properly35 filesof athis requestbill forauthorizes an advisory opinion, the Ethics Law requires the Ethics Commission to renderrequest anadditional advisoryinformation opinionrelating into the matterrequest withinfor aan certainadvisory timeopinion limitfrom after receiving the request,requester unlessor thehis requesteror waivesher thelegal timecounsel. limit.

(NRSIf 281A.680)the Sectionsrequester 25properly andfiles 36a ofrequest thisfor billan reviseadvisory opinion, the Ethics Commission’sLaw jurisdictionrequires andthe proceduresEthics regardingCommission ato requestrender for an advisory opinion.opinion in the matter within a limit.

Under(NRS the281A.680) EthicsSections Law,25 theand Ethics36 Commissionof generallythis hasbill jurisdictionrevise over ethics complaints filed or initiated within 2 years after the allegedEthicsives violation or similarly provides that the Ethicstime Commission’s jurisdiction overand procedures regarding a request for an advisory opinionopinion. extends only to past conduct occurring within 2 years before the date on which the request is filed.

Under the Ethics Law, the Ethics Commission generally has jurisdiction over ethics complaints filed or initiated within 2 years after the alleged violation or reasonable discovery of the alleged violation.

(NRS 281A.280) Section 25 similarly provides that the Ethics Commission’s jurisdiction over a request for an advisory opinion extends only to past conduct occurring within 2 years before the date on which the request is filed.

Section 36 further requires the requester to confirm in writing, signed under oath, that any written information related to the decision regarding the request foris antruthful. advisory opinion within the existing time limit, subject to certain exceptions.

However,Section section 36 providesalso requires the Ethics Commission to render a decision regarding the request for an advisory opinion within the existing time Commission with more time to prepare the written advisory opinion in the matter by requiring the Ethics Commission to issue the written advisory opinion within a specified time limit after the decision is rendered.

Section 36 further authorizes the Ethics Commission to determine which decisions and opinions related to a request for an advisory opinion will be binding on a requester and constitute administrative precedent to be followed in the adjudication and disposition of future requests for an advisory opinion or ethics forcomplaint. relief from the strict application of the cooling-off provisions or to the past conduct of the requester are not subject to judicial review under the Nevada Administrative Procedure Act.

Finally,Section section 36 authorizesconfirms thethat Executivea Directorwritten andadvisory theopinion Commissionrelated Counsel to issuea informalrequest advicefor torelief afrom publicthe officerstrict orapplication employeeof regardingthe cooling-off provisions or to the applicationpast conduct of the statutoryrequester ethicalare standardsnot subject to ajudicial givenreview setunder -the *AB65_R1*Nevada –Administrative 7Procedure –Act. Commission.

SectionFinally, section 36 providesauthorizes thatthe suchExecutive adviceDirector isand notthe bindingCommission onCounsel theto requesterhicsissue orinformal subjectadvice to judiciala reviewpublic andofficer goodor faithemployee relianceregarding onthe suchapplication adviceof protects the publicstatutory officerethical orstandards employeeto from a futuregiven findingset of facts and circumstances that is not contrary to a violationpublished opinion of the Ethics Law.Commission.

Section 36 provides that any dispute related to such advice is resolvednot pursuantbinding toon athe requestrequester foror ansubject advisoryto opinionjudicial fromreview the Ethics Commission and anygood decisionfaith orreliance opinionon ofsuch the Ethics Commission or advice providedprotects by the Executivepublic Directorofficer or Commissionemployee Counselfrom doesa notfuture divestfinding theof Ethicsa Commissionviolation of its jurisdiction over an ethics complaint which alleges facts separate from those relied upon to render advUnder the Ethics Law,Law. certain materials relating to a request for an advisory opinion are confidential and not public records unless the requester:

request for an advisory opinion from the Ethics Commission and any decision ornt to a opinion of the Ethics Commission or advice provided by the Executive Director or Commission Counsel does not divest the Ethics Commission of its jurisdiction over an ethics complaint which alleges facts separate from those relied upon to render advice.

Under the Ethics Law, certain materials relating to a request for an advisory opinion are confidential and not public records unless the requester:

(NRS 281A.685) Section 37 of this bill clarifies that any authorization given by the requester is limited to the specific materials that the requester authorizes the Ethics Commission - 81st Session (2021) – 7 – to disclose.

In addition, section 37 provides that a request for advice from the Executive Director or Commission Counsel receives the same confidentiality protections as a request for an advisory opinion from the Ethics Commission.

With certain exceptions, the Ethics Commission is subject to the Open Meeting Law, which generally requires most meetings of public bodies to be open to the public.

(Chapter 241 of NRS) However, under the Ethics Law, the Open MeetingMeetinghe Law does not apply to meetings, hearings, deliberations and actions of the Ethics Commission relating to requests for advisory opinions, although the requester of the advisory opinion may file a request with the Ethics Commission to hold a public meeting or hearing regarding the matter.

(NRS 281A.690) Section 38 of this bill provides that if the Ethics Commission grants such a request for a public meeting or hearing regarding the matter, the Ethics Commission must provide public notice of the meeting or hearing and the meeting or hearing must be open to the public and conducted in accordance with the regulations of the Ethics Commission, but the meeting or hearing is not subject to specific requirements of the Open Meeting Law.

and (2) eliminates, as unnecessary, the provision authorizing the subject to waive the time limit because the subject does not receive notice of the matter during this initial period, but only receives notice of the matter if the Ethics Commission determines that it has but only jurisdiction and an investigation is warranted.

Section 41 also allows the Ethics Commission to dismiss an ethics complaint initiated on its own motion if it determines that the evidence is not sufficient to warrant an investigation in the -matter *AB65_R1*but –requires 8the –Ethics Commission to issue a letter of caution or instruction in those circumstances.

Ethics Commission to issue a letter of caution or instruction Under the Ethics Law, if the Ethics Commission determines that it has jurisdiction over an ethics complaint and an investigation is warranted, the subject of the ethics complaint is served with a notice of the investigation and providedprovidedect with an opportunity to submit a response to that notice.

(NRS 281A.720) Section 42 of this bill authorizes the Executive Director to grant, under certain circumstances, extensions of the time limit to submit the response, including that the subject must waive the time limit for the investigation, but the Executive DirAs part of the investigation, the Ethics Law permits the Executive Director tomust secureset the subject’s participation, attendance as a witnessspecific orand productionreasonable oftime booksperiod andfor paperssuch underan existingextension. procedures.

(NRSAs 281A.300)part Section 42 clarifies that, regardless of whether the subjectinvestigation, submitsthe aEthics responseLaw topermits the investigation, the Executive Director retains the authority during the course of the investigation to secure the subject’s participation, attendance as a witness or production of books and papers under those existing procedures.

Within(NRS 70281A.300) daysSection after42 clarifies that, regardless of whether the Ethicssubject Commissionsubmits directsa response to the investigation, the Executive Director toretains investigatethe anauthority ethicsduring complaint,the course of the Ethicsinvestigation Lawto requires- the81st ExecutiveSession Director(2021) to– the8 evidence– concerningsecure the ethicssubject’s complaint,participation, unlessattendance theas subjecta waiveswitness theor timefproduction limit.of books and papers under those existing procedures.

(NRSWithin 281A.725)70 Sectiondays 43after ofthe thisEthics billCommission allowsdirects the presidingExecutive officerDirector to investigate an ethics complaint, the Ethics Law requires the Executive Director to present a written recommendation to the review panel regarding the sufficiency of the evidence concerning the ethics complaint, unless the subject waives the time review panel to grant the Executive Director extensions of the time limit for good cause but requires the presiding officer to set a specific and reasonable time period for such an extension.

Within 15 days after the Executive Director presents the written recommendation to the review panel, the Ethics Law requires the review panel to determine whether there is just and sufficient cause for the Ethics Commission to render an opinion regarding the ethics complaint, unless the subject waives the time itslimit. determination to 45 days.

(NRS 281A.730) Section 44 of this bill extends the time for the panel to issue its determination to 45 days.

If the review panel determines that there is just and sufficient cause but reasonably believes that the conduct at issue may be appropriately addressed through additional training or other corrective action, the Ethics Law authorizes the review panel to approve a deferral agreement between the Executive Director and the subject to defer further proceedings in the matter underwith the terms and conditions of the deferral agreement.agreement, the matter must bemplies dismissed.

If the subject complies dismissed.

(NRS 281A.730, 281A.740) Section 44 of this bill provides that after the review panel makes its determination in the matter, it must serve written notice of its determination on the subThesubject. Ethics Law establishes various requirements regarding the adjudication of ethics complaints referred to the Ethics Commission for further proceedings.

The Ethics Law establishes various requirements regarding the adjudication of ethics complaints referred to the Ethics Commission for further proceedings.

and (2) -the *AB65_R1*subject –of 9the –ethics hearing,complaint, towho behas representedthe byright legal counsel and to hearwritten thenotice evidenceof presented to the Ethics Commission and to present his or her own case.

(1)(1)he the Executive Director to issue a formal notice of charges to the subject of the ethics complaint regarding the allegations to be presented at an adjudicatory hearing;

The Ethics Law requires the Ethics Commission to hold the hearing and render an opinion in the matter within a certain time limit, unless waived by the subject, 281A.745,and 281A.765) Section 45 requires the Ethicsopinion Commission to holdinclude afindings hearingRSof andfact render a decision in the matter within the existing time limit, unless waived by the subject or extended by the Ethics Commission for good cause with a specific and reasonableconclusions timeof period,law. but section 45 provides the Ethics Commission with more time to prepare the written opinion in the matter by requiring the Ethics Commission to issue the written opinion within a specified time limit after the decision is rendered.

(NRS 281A.745, 281A.765) Section 45 requires the Ethics Commission to hold a hearing and render a decision in the matter within the existing time limit, unless waived by the subject or extended by the Ethics Commission for good cause with a specific - 81st Session (2021) – 9 – and reasonable time period, but section 45 provides the Ethics Commission with more time to prepare the written opinion in the matter by requiring the Ethics Commission to issue the written opinion within a specified time limit after the decision is rendered.

Section 46 also clarifies that such confidentiality extends to all materials that, if disclosed, would reveal the identity of the confidential requester.

Section 46 also clarifies that the identity of thentitythe confidential requester remains protected if the Executive Director does not intend to present the testimony of the confidential requester as evidence in the matter.

However, if the Executive Director intends to present the testimony of the confidential requester as evidence in the matter, section 46 provides that the Executive Director must disclose the name of the confidential requester only as a propUnder the Ethics Law, the subject of an ethics complaint may submit a written discovery request for a list of proposed witnesswitnesses and a copy of any materials in accordancethe withinvestigative file that the scheduleExecutive forDirector discoveryintends to present as evidence in the matter.

Under the Ethics Law, the subject of an ethics complaint may submit a written discovery request for a list of proposed witnesses and a copy of any materials in the matter.

In proceedings concerning an ethics complaint, the Ethics Law exempts from the Open Meeting Law:

However, the Ethics Law does not exempt the Ethics Commission’s actions concerning the generally exempts the Ethics Commission’s actions concerning the ethics complaint from the Open Meeting Law.

(NRSHowever, 281A.760)section Section 48 -requires *AB65_R1*the –Ethics 10Commission –to fromtake final action concerning the ethics complaint in a public meeting or hearing for which the Ethics Commission provides public notice and which is open to the public and conducted in accordance with the regulations of the Ethics Commission, but the meeting or hearing is not subject to specific requirements of the Open Meeting Law.

However, section 48 requires the Ethics Commissionaint to take final action concerning the ethics complaint in a public meeting or hearing for which the Ethics Commission provides public notice and which is open to the public and conducted in accordance with the regulations of the Ethics Commission, but the meeting or hearing is not subject to specific requirements of the Open Meeting Law.

(NRS 281A.765- violations281A.790) thatUnder requirethe proofEthics ofLaw, specificthere mentalare elementstwo showingtypes that the subject of anviolations: ethics complaint committed the violations intentionally and knowingly;

(1) willful violations that require proof of specific mental elements showing that the subject of - 81st Session (2021) – 10 – an ethics complaint committed the violations intentionally and knowingly;

and (2) ensure when it applies those factors that the disposition of the matter bears a reasonable relationshipwhether toor not willful, the severityEthics ofLaw authorizes the violations.Ethics Commission to impose, certain remedies, such as training, a remedial course of action or public admonishment.

(NRS 281A.775) For any violations, whether or not willful, the Ethics Law authorizes the Ethics Commission to impose admonishment.

(NRS 281A.785, 281A.790) With respect to certain dispositions of ethics complaints and in determining whether a violation is willful, existing law requires the Ethics 281A.770, 281A.775) Sections 50 and 51 of this bill require the Ethics Commission to carrytreat outcomparable thatsituations dutyin toa thecomparable extentmanner. practicable based on the given set of facts and circumstances.

Section(NRS 54281A.770, of281A.775) thisSections bill50 clarifiesand that51 in determining whether the subject has committed one or more violations, each separate act or event that constitutes a violation, or course of conductthis thatbill require the Ethics Commission interpretsto ascarry constitutingout a separate violation, must be treated as a separate violation that isduty cumulative to all other violations, whenever committed, without regard to the sequenceextent ofpracticable thebased violationson or whether the violationsgiven areset establishedof infacts theand samecircumstances. or separate proceedings.

attemptingSection to54 preventof orthis interferebill withclarifies investigationsthat orin proceedingsdetermining orwhether the discoverysubject ofhas violationscommitted underone theor Ethicsmore Lawviolations, andeach authorizesseparate theact Ethicsor Commissioninterprets toas imposeconstituting civila penaltiesseparate and,violation, undermust certainbe circumstances,treated assessas againsta suchseparate aviolation personthat certainis attorney’scumulative feesto andall costsother incurredviolations, bywhenever otherscommitted, aswithout aregard resultto the sequence of the act.violations or whether the violations are established in the same or separate proceedings.

The Ethics Law prohibits any person from preventing, interfering with or attempting to prevent or interfere with investigations or proceedings or the discovery of violations under the Ethics Law and authorizes the Ethics Commission to impose civil penalties and, under certain circumstances, assess against such a person certain attorney’s fees and costs incurred by others as a result of the act.

and (3) require the Ethics Commission, before taking appropriate action, to provide the person with a written notice of the charges and an opportunity for a hearing in accordance with the regulations of the Ethics Commission.

Section 54 alsoingalso in authorizes the Ethics Commission, under certain circumstances, to assess against theresult personof certainthe attorney’sviolation.ney’s fees and costs incurred by the Ethics Commission as a resultAs previously stated, the Ethics Law governs the conduct of public officers and employees and, in certain situations, former public officers and employees after the violation.end of their period of public service or employment.

- *AB65_R1* – 11 – employees and, in certain situations, former public officers and employees after the end of their period of public service or employment.

(1) a member of the Senate, the Secretary of the Senate or any other officer of the - 81st Session (2021) – 11 – Senate;

(2) a member of the Assembly, the Chief Clerk of the Assembly or anyeany other officer of the Assembly;

Section 71 of this bill defines “legislative employee” as any employee, assistant, attache, intern or other staff employed with reference to the legislative duties of a Legislator or the Legislative Department, regardless of whether the position is paid orbill otherwisemake compensated.conforming changes to remove legislative officers and employees from this the jurisdiction of the Ethics Law in Chapter 281A of NRS, so that they are subject to the jurisdiction of the Legislative Ethics Law in sections 55-112.

Sections 11, 12.5, 16.5, 18.5, 18.7, 29-32 and 54 of this bill make conforming changes to remove legislative officers and employees from the jurisdiction of the Ethics Law in Chapter 281A of NRS, so that they are subject to Under the Nevada Constitution, the Houses of the Legislature have adopted Standing Rules that establish various ethical standards for Legislators and other legislative officers and employees.

30-39) Section 79 of this bill provides that the Legislative Ethics Law supplements such Standing Rules and, to the extent that there is a conflict between the Standing Rules and the Legislative Ethics Law, the Standing Rules govern the conflict.

(NRS 281A.400) Section 83 of this bill establishes similar proSectionprovisions 10for ofthe thispurpose billof prohibitslegislative public officers and employeesemployees. from using their position or power in government to take any actions or compel a subordinate to take actions that a reasonable person would find, based on the given facts and circumstances, to be a gross or unconscionable abuse of official positon or power or that would undermine the integrity or impartiality of a reasonable person under the same or similar circumstances.

Section 10 of this bill prohibits public officers and employees from using their position or power in government to take any actions or compel a subordinate to take actions that a reasonable person would find, based on the given facts and that would undermine the integrity or impartiality of a reasonable person under ther same or similar circumstances.

(NRS 281A.410) Section andof employees.lthis bill establishes similar provisions for the purpose of legislative officers Existing law prohibits public officers and employeesemployees. from taking certain actions relating to contracts between the governmental entity and a business entity in which the public officer or employee has a significant pecuniary interest.

Existing law prohibits public officers and employees from taking certain actions relating to contracts between the governmental entity and a business entity in which the public officer or employee has a significant pecuniary interest.

otherwiseExisting causinglaw prohibits a governmentalpublic entityofficer toor incuremployee certainfrom expensesrequesting or makeotherwise expenditurescausing toa supportgovernmental orentity opposeto ballotincur questionscertain expenses or candidatesmake under certain circumstances.

(NRS 281A.520) Section 88 of this bill establishes similarsimilarrtain provisions prohibiting legislative officers and employees from engaging in such acts with regard to the Legislative Department.

-Existing *AB65_R1*law –establishes 12certain –“cooling-off” periods for former public officers and employees under certain circumstances.

(NRS 281A.550) Section 89 of thisofficersthis bill establishes similar provisions relating to legislative officers and employees.

- 81st Session (2021) – 12 – To carry out and enforce the Legislative Ethics Law, sections 91, 95 and 99 of this bill create the Senate Commission on Ethics (Senate Commission), Assembly Commission on Ethics (Assembly Commission) and Joint Commission on EthicsemblyEthics (Joint Commission) and provide for the appointment and terms of their respective members.

Underhear sectionethics 94complaints ofbrought thisagainst bill,legislative theofficers Senateand Commissionemployees hasof jurisdictionthe) to:Senate;

(1) hear ethics complaints brought against legislative officers and employees of the Senate;

(1) hear ethics complaints brought against legislative officers and employees of the Assembly;

and (2) hear requests brought by such persons for advice on the of the legislative ethical standards.

AssemblySection Commission105 orof Jointthis Commission,bill asprovides applicable,that relatingall toproceedings of the Senate Commission, character,Assembly allegedCommission misconduct,or professionalJoint competenceCommission, oras physicalapplicable, orrelating mentalto the health of any person on matters regarding the legislative ethical standards and the materials relating thereto are confidential, unless the person subject to the proceedings waives such confidentiality.

judgmentor on(3) thea matter.sonreasonable person in the member’s situation could not exercise independent Sectionjudgment 107on of this bill authorizes an individual to file with the Legislativematter. Counsel an ethics complaint against a legislative officer or employee.

Section 107 of this bill authorizes an individual to file with the Legislative Counsel an ethics complaint against a legislative officer or employee.

Finally, section 107 requires that:

Section 80 of this bill requires the ethics complaint to be filed - *AB65_R1* – 13 – within 2 years of the alleged violation or reasonable discovery of the alleged violation.

If the Senate Commission, Assembly Commission or Joint Commission, as applicable, holds an adjudicatory hearing on an ethics complaint, section 108 of this bill establishes various procedural and evidentiary requirements for the adjSectionadjudicatory 109hearing, ofincluding this bill requires the Senateburden Commission,and Assemblystandard Commission or Joint Commission, as applicable, to dismiss an ethics complaint if the Commission finds that the violation of theproof. legislative ethical standards has not been proven.

Alternatively,- if81st Session (2021) – 13 – Section 109 of this bill requires the Senate Commission, Assembly Commission or Joint Commission, as applicable, to dismiss an ethics complaint if the Commission finds that athe violation of the legislative ethical standards has occurred,not sectionsbeen 109-111proven. of this bill authorize the Commission to:

(1)Alternatively, issueif athe reprimandSenate Commission, Assembly Commission or censureJoint thehas legislativeoccurred, officersections or109-111 employee;of this bill authorize the Commission to:

(3)(1) imposeissue civilads penaltiesh,letter onof caution or instruction to the legislative officer or employee;

(2) admonish, reprimand or censure the legislative officer or employee;

(3) impose civil penalties on the legislative officer or employee;

SectionCommission 112or ofJoint thisCommission, billas alsoapplicable, requiresto refer the Senatematter Commission,to Assemblythe CommissionAttorney General or Jointthe Commission,district attorney, as applicable,appropriate, toif refer the matterCommission tobelieves thethat Attorneythe violation of the legislative ethical standards constitutes a crime.

believes that the Section 113 of this bill makes a conforming change to the Public Records Law relating to:

and (2) the confidentiality of materials relating to proceedings held by the Senate Commission, Assembly105.mbly Commission or Joint Commission, as applicable, pursuant to section 105SectionSection 116 of this bill addresses the applicability of the amendatory provisions of sections 2-54 to administrative proceedings and conduct subject to the Ethics Law that occurred before July 1, 2021.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

- *AB65_R1* – 14 – 1.

or - 81st Session (2021) – 14 – 2.

“Party” means, for the purposes of the adjudication and disposition of proceedings concerning an ethics complaint pursuantpur1.anThe toExecutive thisDirector chapter:or his or her designee;

1.

The Executive Director or his or her designee;

Except as otherwise provided in this section, every public officer or employee of the State or one of its political subdivisions, regardless of whether he or she is otherwise subjectsubjectcal to the provisions of this chapter, shall cooperate with the Commission in any lawful investigations or proceedings of the Commission and furnish information and reasonable assistance to the Commission or its authorized representative, except to the extent that the public officer or employee is entitled to:

If a public officer or employee is entitled to any protection pursuant to paragraph (a) or (b) of subsection 1, that protection extends only to matters within the scope of the protection, and the public officer or employee shall comply with the provisions of - 81st Session (2021) – 15 – subsection 1 to the fullest extent possible regarding all matters outside of the scope of the protection.

- *AB65_R1* – 15 – 3.

Before a public officer or employee is required to comply with the provisions of subsection 1 and during the course of any investigations or proceedings of the Commission or its authorized representative, the public officer or employee is entitled to bebed represented by and consult with legal counsel, including, without limitation, the legal counsel of his or her public body, agency or employer.

Sec.public officer’s or employee’s position or power in government to take any actions or compel a subordinate to take any actions that a reasonable person would find, based on the given set of facts and circumstances, to be a gross or unconscionable abuse of official position or power that would undermine the integrity or impartiality of a reasonable person in the public officer’s or employee’s position under the same or similar facts and circumstances.

10.

1.

A public officer or employee shall not use the public officer’s or employee’s position or power in government to take any actions or compel a subordinate to take any actions that a reasonable person would find, based on the given set of facts and circumstances, to be a gross or unconscionable abuse of official position or power that would undermine the integrity or impartiality of a reasonable person in the public officer’s or employee’s position under the same or similar facts and circumstances.

A list of each public officer who is required to file an acknowledgment of the statutory ethical standards in accordance - 81st Session (2021) – 16 – with NRS 281A.500 must be submitted electronically to the Commission, in the form prescribed by the Commission, on or before December 1 of each year by:

- *AB65_R1* – 16 – 1.

For an appointed public officer, the appointing authority of the(a) The manager of each local agency for a public officer,officer including,of withouta limitation:local agency;

(a) The manager of each local agency for a public officer of a local agency;

If the Commission determines that it does not have jurisdiction or does not direct the Executive Director to conduct an investigation of an ethics complaint pursuant to NRS 281A.715, and the Executive Director reasonably believes that the alleged conduct may be properly addressed within the jurisdiction ofofged another state or local agency, the Executive Director may refer all or a portion of the information, communications, records, documents or other materials in the possession of the Commission or its staff that are related to the allegations in the ethics complaint to that state or local agency.

Sec.- 81st Session (2021) – 17 – follows:12.5.

12.5.NRS 281A.020 is hereby amended to read as 281A.020 1.

NRS 281A.020 is hereby amended to read as follows:

281A.020 1.

- *AB65_R1* – 17 – (b) A public officer or employee must commit himself or herself to avoid conflicts between the private interests of the public officer or employee and those of the general public whom the public officer or employee serves.

(b) To enhance the people’s faith in the integrity and impartiality of public officers and employees, adequate guidelines are required to show the appropriate separation between the roles of personsper(c) who[In interpreting and applying the provisions of this chapter that are bothapplicable to State Legislators, the Commission must give appropriate weight and proper deference to the public servantspolicy of this State under which State Legislators serve as “citizen Legislators” who have other occupations and privatebusiness citizens.interests, who are expected to have particular philosophies and perspectives that are necessarily influenced by the life experiences of the Legislator, including, without limitation, professional, family and business experiences, and who are expected to contribute those philosophies and perspectives to the debate over issues with which the Legislature is confronted.

(c) [In interpreting and applying the provisions of this chapter that are applicable to State Legislators, the Commission must give appropriate weight and proper deference to the public policy of this State under which State Legislators serve as “citizen Legislators” who have other occupations and business interests, who are expected to have particular philosophies and perspectives that are necessarily influenced by the life experiences of the Legislator, including, without limitation, professional, family and business experiences, and who are expected to contribute those philosophies and perspectives to the debate over issues with which the Legislature is confronted.

(1) Any State Legislator [that are protected by legislative privilege and immunity pursuant to the Constitution of the State of Nevada or NRS 41.071.] or other legislative officer as defined in section 73 of this act;

or (2) Any legislative employee as defined in section 71 of this act,  except that if such a person holds another position outside of his or her legislative office or employment that is subject to the jurisdiction of the Commission pursuant to this chapter, the - 81st Session (2021) – 18 – Commission may exercise jurisdiction or authority over that person but only for conduct arising out of the other position.

281A.030 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 281A.032 to 281A.170, inclusive, and sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

- *AB65_R1* – 18 – Sec.

[Who is related to] A relative of the public officer or employee, or [to] the spouse or domestic partner of the public officer or employee, by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity;

The making of a “decision” is the exercise of governmental power to adopt laws, regulations or standards, render - 81st Session (2021) – 19 – quasi-judicial decisions, establish executive policy or determine questions involving substantial discretion.

(b) The functions of [a] any State Legislator [that are protected by legislative privilege and immunity pursuant to the Constitution of the State of Nevada or NRS 41.071.] or other legislative officer as defined in section 73 of this act.

- *AB65_R1* – 19 – Sec.

[1.] (a) Performs public duties under the direction and control of a public officer for compensation paid by the State or any county, citycit[2.] or(b) otherIs politicaldesignated subdivision;as a public employee for the purposes of this chapter pursuant to NRS 281A.182.

or [2.] (b) Is designated as a public employee for the purposes of this chapter pursuant to NRS 281A.182.

- 81st Session (2021) – 20 – 2.

(a) Actions taken in an official capacity which involve a substantial and material exercise of administrative discretion in the formulationfor(b) The expenditure of public policy;money;

(b) The expenditure of public money;

- *AB65_R1* – 20 – (b) Any State Legislator or other legislative officer as defined in section 73 of this act;

[(c)] (d) Any member of a special district whose official duties do not include the formulation of a budget for the district or the authorizationaut[(d)] of(e) theA expenditurecounty ofhealth theofficer district’sappointed money;pursuant toor NRS 439.290.

or [(d)] (e) A county health officer appointed pursuant to NRS 439.290.

- 81st Session (2021) – 21 – (a) At] at its first meeting and annually thereafter elect a Chair and Vice Chair from among its members.

If the Chair is prohibited from acting on a particular matter or is otherwise unable to act on a particular matter, the Vice Chair shall exercise the powers and functions and performperformhe the duties of the Chair concerning that particular matter.

If the Chair and Vice Chair are prohibited from acting on a particular matter or are otherwise unable to act on a particular matter, another member of the Commission who is designated in accordance with the regulations of the Commission shall exercise - *AB65_R1* – 21 – the powers and functions and perform the duties of the Chair concerning that particular matter.

Sec.281A.220 NRS 1.

21.The Chair shall appoint one or more review:

NRSpanels 281A.220of isthree herebymembers amendedof the Commission on a rotating basis to readperform asthe follows:functions assigned to such review panels pursuant to this chapter.

281A.220 1.

The Chair shall appoint one or more review panels of three members of the Commission on a rotating basis to perform the functions assigned to such review panels pursuant to this chapter.

(a) One or more members of the review panel may, with the consent of the parties, participate as mediators or facilitators in any- settlement81st negotiationsSession between(2021) – 22 – before an adjudicatory hearing in the partiesmatter.es that are conducted before(b) anThe adjudicatorymembers hearingof inthe review panel may authorize the matter.development of or approve a deferral agreement pursuant to NRS 281A.730.

(b) The members of the review panel may authorize the development of or approve a deferral agreement pursuant to NRS 281A.730.

- *AB65_R1* – 22 – (c) Gather information and conduct investigations regarding ethics complaints and requests for advisory opinions pursuant to this chapter.

(d) [Submit] Present recommendations to the review panel regarding whether there is just and sufficient cause for the Commission to render a decision and issue an opinion in a matter.

The Commission may charge a reasonable fee to cover the costs of training provided by the Executive Director pursuantpur(g) toPerform thissuch paragraph.other duties, not inconsistent with law, as may be required by the Commission.

(g) Perform such other duties, not inconsistent with law, as may be required by the Commission.

- 81st Session (2021) – 23 – 3.

If the Executive Director is prohibited from acting on a particular matter or is otherwise unable to act on a particular matter, the Chair [of the Commission] shall designate a qualified person to perform the duties of the Executive Director with regard to that particularparSec. matter.

Sec.

- *AB65_R1* – 23 – 2.

The provisions of subsection 3 do not apply to litigation concerningCommission:any any judicial action or proceeding in which the Commission:(a) Requests that the Attorney General appoint a deputy to act in the place of the Commission Counsel;

(a) Requests that the Attorney General appoint a deputy to act in the place of the Commission Counsel;

Sec.- 81st Session (2021) – 24 – 281A.280 NRS 1.

25.

NRS 281A.280 is hereby amended to read as follows:

281A.280 1.

(a) Gather information and issue an advisory opinion in any proceeding commenced by a request for an advisory opinion that is filed with the Commission, except that the Commission does not have jurisdiction to issue an advisory opinion on matters which directly relate to the propriety of past conduct occurring more than 2 years before the date on which the request for an advisory opinion is filed with the Commission.

(c) Investigate and take appropriate action regarding an alleged violation of subsection 3 of NRS 281A.790 by a current or - *AB65_R1* – 24 – former public officer or employee or any other person in anyanynt or proceeding commenced by a written notice of the charges, which is initiated by the Commission on its own motion, within 2 years after the alleged violation or reasonable discovery of the alleged violation.

or (b) A complaint or employment-related grievance may be filed or, if the applicable limitations period has expired, could have been filed with another appropriate agency with jurisdiction to redress alleged discrimination or harassment, including, without limitation, a state or local employee-management relations board or similarsimilartion, state or local agency,  but any bar on the Commission’s jurisdiction imposed by this subsection applies only to the extent that it pertains to the alleged discrimination or harassment, and this subsection does not deprive the Commission of jurisdiction regarding the alleged conduct if such conduct is sanctionable separately or concurrently under the provisions of this chapter, irrespective of the alleged discrimination or harassment.

- 81st Session (2021) – 25 – 3.

(a) On the date on which [an] the ethics complaint is filed in the proper form with the Commission in accordance with the reg(b) If the ethics complaint is initiated by the Commission on its own motion, on the date on which the Commission serves the [public officer or employee] current or former public officer or employee with a written notice of the investigation of the ethics complaint in accordance with the regulations of the Commission;Commission.

or (b) If the ethics complaint is initiated by the Commission on its own motion, on the date on which the Commission serves the [public officer or employee] current or former public officer or employee with a written notice of the investigation of the ethics complaint in accordance with the regulations of the Commission.

- *AB65_R1* – 25 – (c) For the withdrawal of an ethics complaint or a request for an advisory opinion by the person who filed the ethics complaint or request;

and (e) For proceedings concerning an ethics complaint, to facilitate written discovery requests submitted pursuant to NRS 281A.750 and 281A.755 and the disclosure of evidence in the manner required by those sections, including, without limitation, the disclosure of evidence obtained by or on behalf of the Executive Director during the course of the investigation that affirmatively and substantively disproves any alleged violation of this chapter that is related to the ethics complaint and has been referred to the Commission for an adjudicatory hearing.

- 81st Session (2021) – 26 – 5.

Publish [a manual] materials for the use of public officers andchapter.oyees employees that [explains] explain the requirements of this chapter.[ The Legislative Counsel shall prepare annotations to this chapter for inclusion in the Nevada Revised Statutes based on the published opinions of the Commission.] Sec.

[ The Legislative Counsel shall prepare annotations to this chapter for inclusion in the Nevada Revised Statutes based on the published opinions of the Commission.] Sec.

[Upon] Except as otherwise provided in this subsection, upon the request of the Executive Director, the Chair [or, in the - *AB65_R1* – 26 – Chair’s absence, the Vice Chair,] may issue a subpoena during the course of any investigation to compel the participation of a potential witness and the production of any books and papers [during the course of any investigation.] , including, without limitation, information, records and documentation regarding personnel records maintained by an agency concerning the conduct of a public officer or employee, including, notwithstanding any other provision of law to the contrary, records otherwise deemed by law to be confidential, that relate to issues under consideration in an ethics complaint.

5.- 81st Session (2021) – 27 – the public officer or employee who is the subject of an ethicsto [a] complaint to compel his or her participation in any investigation, his or her attendance as a witness or his or her production of any books and papers, the Executive Director shall submit a written request to the public officer or employee requesting:

Before [issuing] the Chair issues a subpoena directed to [a] the public officer or employee who is the subject of an ethics complaint to compel his or her participation in any investigation, his or her attendance as a witness or his or her production of any books and papers, the Executive Director shall submit a written request to the public officer or employee requesting:

Each written request submitted by the Executive Director pursuant to subsection 5 must specify the time and place for the voluntary participation of the public officer or employee in the investigation, attendance of the public officer or employee as a witness or production of any books and papers, and designate with certaintycer7.intIf the public officer or employee fails or refuses to respond to the Executive Director’s written request pursuant to subsection 5 to voluntarily participate or attend at the time and place specified or produce the books and papers requested,requested ifby any.the Executive Director within 5 business days after receipt of the written request, the Chair [or, in the Chair’s absence, the Vice Chair,] may issue the subpoena.

7.

If the public officer or employee fails or refuses to respond to the Executive Director’s written request pursuant to subsection 5 to voluntarily participate or attend at the time and place specified or produce the books and papers requested by the Executive Director - *AB65_R1* – 27 – within 5 business days after receipt of the written request, the Chair [or, in the Chair’s absence, the Vice Chair,] may issue the subpoena.

(a) Due notice has been given of the time and place of the participation or attendance of the witness or the production of the books and papers;

and (c) The witness has failed or refused to participate, attend, testify or produce the books and papers as required by the subpoena, or has failed or refused to answer questions propounded to the witness, - and81st askingSession for(2021) an– order28 of– the court compelling the witness to participate, attend, testify or produce the books and papers asaso required by the subpoena.

Upon failure to obey the order, the witnesswit11. must be dealt with as for contempt of court.

11.

- *AB65_R1* – 28 – Sec.

(b) Render a decision and issue an opinion upon the request of any public officer or employee of its own organization or level seeking an interpretation of its code of ethical standards ononel questions directly related to the propriety of the public officer’s or employee’s own future official conduct [or] , but the committee may refer the request to the Commission [.] if the response to the request requires the Commission to interpret the statutory ethical standards and apply those standards to the given set of facts and circumstances.

If the request is referred to the Commission, it shall be deemed to be a request for an advisory opinion filed by the public officer or employee with the Commission pursuant to NRS- 281A.675.81st Session (2021) – 29 – jurisdiction of the committee shall direct the public officer’s or employee’s [inquiry] request to that committee first instead of the Commission.

Any public officer or employee subject to the jurisdiction of the committee shall direct the public officer’s or employee’s [inquiry] request to that committee first instead of the Commission.

3.] A specialized or local ethics committee shall not attempt to interpret the statutory ethical standards or render a decision and issue an opinion regarding the statutory ethical standards.standards.ion and [4.] 3.

[4.]Each 3.request for an opinion submitted by a public officer or employee to a specialized or local ethics committee, each hearing held by the committee to obtain information on which to [base] render a decision and issue an opinion, all deliberations by the committee relating to [an] the decision and opinion, each [opinion] decision rendered and opinion issued by [a] the committee and any motion relating to the decision and opinion are confidential unless:

Each request for an opinion submitted by a public officer or employee to a specialized or local ethics committee, each hearing held by the committee to obtain information on which to [base] render a decision and issue an opinion, all deliberations by the committee relating to [an] the decision and opinion, each [opinion] decision rendered and opinion issued by [a] the - *AB65_R1* – 29 – committee and any motion relating to the decision and opinion are confidential unless:

281A.400 [A code of ethical standards is hereby established to governgov1.n tA public officer or employee shall not seek or accept any gift, service, favor, employment, engagement, emolument or economic opportunity, for the conductpublic ofofficer or employee or any person to whom the public officersofficer or employee has a commitment in a private capacity, which would tend improperly to influence a reasonable person in the public officer’s or employee’s position to depart from the faithful and employees:]impartial 1.discharge of the public officer’s or employee’s public duties.

A- public81st officerSession or(2021) employee– shall30 not– seek2. or accept any gift, service, favor, employment, engagement, emolument or economic opportunity, for the public officer or employee or any person to whom the public officer or employee has a commitment in a private capacity, which would tend improperly to influence a reasonable person in the public officer’s or employee’s position to depart from the faithful and impartial discharge of the public officer’s or employee’s public duties.

2.A public officer or employee shall not use the public officer’s or employee’s position in government to secure or grant unwarranted privileges, preferences, exemptions or advantages for the public officer or employee, any business entity in which the any person to whom the public officer or employee has ainterest or commitment in a private capacity.

A public officer or employee shall not use the public officer’s or employee’s position in government to secure or grant unwarranted privileges, preferences, exemptions or advantages for the public officer or employee, any business entity in which the public officer or employee has a significant pecuniary interest or any person to whom the public officer or employee has a commitment in a private capacity.

A public officer or employee shall not suppress any governmental report or other official document because it might - *AB65_R1* – 30 – tend to affect unfavorably a significant pecuniary interest of the public officer or employee or any person to whom the public officer or employee has a commitment in a private capacity.

(I) Authorized by a written policy which was adopted before the use occurs by the public officer or employee who is - 81st Session (2021) – 31 – 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] ;

or (II) Necessary as a result of emergency circumstances [;] , whetherwheth(2) orThe use does not interfere with the useperformance isof authorizedthe bypublic suchofficer’s aor writtenemployee’s policy;public duties;

(2) The use does not interfere with the performance of the public officer’s or employee’s public duties;

(II)(III) The costuse ordoes valuenot relatedcreate to the useappearance isofminal; nominal;

and (III) The use does not create the appearance of impropriety;

- *AB65_R1* – 31 – (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 - 81st Session (2021) – 32 – (2) Where such service has otherwise been established as legislative policy.

9.] A public officer or employee shall not attempt to benefit a significant personal or pecuniary interest of the public officer or employee or any person to whom the public officer or employee has a commitment in a private capacity through the influence of a has subordinate.

(a) Shall not accept compensation from any private person to represent or counsel the private person on any issue pending before the agency in which that public officer or employee serves, if the age(b) If the public officer or employee leaves the service of the agency, shall not, for 1 year after leaving the service of the agency, represent or counsel for compensation a private person upon any issue which was under consideration by the agency makesduring decisions;the public officer’s or employee’s service.

andAs (b)used Ifin thethis publicparagraph, officer“issue” orincludes employeea leavescase, theproceeding, serviceapplication, ofcontract theor agency,determination, shallbut not,does fornot 1include year after leaving the serviceproposal of the agency, represent or counsel for compensation a private person upon any issue which was under consideration byof thelegislative agencymeasures during the public officer’s or employee’sadministrative service.regulations.

As used in this paragraph, - *AB65_R1* – 32 – “issue” includes a case, proceeding, application, contract or determination, but does not include the proposal or consideration of legislative measures or administrative regulations.

A member of a local legislative body shall not represent or counsel a private person for compensation before another local agency- if81st theSession territorial(2021) jurisdiction– of33 the– other local agency includes any part of the county in which the member serves.

TheThey Commission may relieve the member from the strict application of the provisions of this subsection if:

5.employee shall not represent or counsel a private person forr compensation before any state agency of the Executive or Legislative Department.

Unless permitted by this section, a public officer or employee shall not represent or counsel a private person for compensation before any state agency of the Executive or Legislative Department.

or (d) Which would reasonably be related to the nature of any representation or counseling that the public officer or employee provided to a private person for compensation before anotheranotheroyee - *AB65_R1* – 33 – agency within the immediately preceding year, provided such representation or counseling is permitted by NRS 281A.410,  without disclosing information concerning the gift or loan, the significant pecuniary interest, the commitment in a private capacity to the interests of the other person or the nature of the representation or counseling of the private person that is sufficient to inform the public of the potential effect of the action or abstention upon the person who provided the gift or loan, upon the public officer’s or employee’s- significant81st pecuniarySession interest,(2021) upon– the34 person– to whom the public officer or employee has a commitment in a privateprivateo whom capacity or upon the private person who was represented or counseled by the public officer or employee.

[(a)] (1) Any campaign contributions that the public officer reported in a timely manner pursuant to NRS 294A.120 or 294A.125;294[(b)] (2) Any contributions to a legal defense fund that the public officer reported in a timely manner pursuant to NRS 294A.286.

or [(b)] (2) Any contributions to a legal defense fund that the public officer reported in a timely manner pursuant to NRS 294A.286.

and (2) Abstains from advocating the passage or failure of and from approving, disapproving, voting or otherwise acting upon the matter, regardless of whether the public officer or employee would be required3.quiExcept toas abstainotherwise pursuantprovided in this section, in addition to the requirements of subsection 3.1, 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 the public officer’s situation would be materially affected by:

3.

Except as otherwise provided in this section, in addition to the requirements of subsection 1, a public officer shall not vote upon or advocate the passage or failure of, but may otherwise participate - *AB65_R1* – 34 – in the consideration of, a matter with respect to which the independence of judgment of a reasonable person in the public officer’s situation would be materially affected by:

[or] (c)- The81st publicSession officer’s(2021) commitment– in35 a– private capacity to the interests of another person [.] ;

orornt in a private capacity to the (d) The public officer’s representation or counseling of a private person for compensation before another agency within the immediately preceding year, provided such representation or counseling is permitted by NRS 281A.410.

(a) It must be presumed that the independence of judgment of a reasonable person in the public officer’s situation would not be materially affected by the public officer’s acceptance of a gift or loan, significant pecuniary interest , [or] commitment in a private capacity to the interests of another person or representation or counseling of a private person for compensation as permitted by NRS 281A.410 where the resulting benefit or detriment accruing to the public officer, or if the public officer has a commitment in a private capacity to the interests of another person [,] or has represented or counseled a private person for compensation as permitted by NRS 281A.410, accruing to the other person, is not greater than that accruing to any other member of any generalgeneralot business, profession, occupation or group that is affected by the matter.

Because abstention by a public officer disrupts the normal course of representative government and deprives the public and the public officer’s constituents of a voice in governmental affairs, the provisions of this section are intended to require abstention only in clear cases where the independence of judgment of a reasonable person in the public officer’s situation would be materially affected by the public officer’s acceptance of a gift or loan, significant pecuniary interest , [or] commitment in a private capacity to the - *AB65_R1* – 35 – interests of another person [.] or representation or counseling of a private person for compensation as permitted by NRS 281A.410.

Except as otherwise provided in NRS 241.0355, if a public officer declares to the body or committee in which the vote is to be taken- that81st theSession public(2021) officer– will36 abstain– from voting because of the requirements of this section, the necessary quorum to act upon andandthe 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.

The responsibility of a State Legislator to make disclosures concerning gifts, loans, interests or commitments and the responsibility of a State Legislator to abstain from voting upon or advocating the passage or failure of a matter are governed by the Standing Rules of the Legislative Department of State Government which are adopted, administered and enforced exclusively by the appropriate bodies of the Legislative Department of State Government pursuant to Section 6 of Article 4 of the Nevada Constitution.

and (b) For(1) anThe electedcounty publicand officerother of:political subdivisions within the county except cities, the county clerk;

(1) The county and other political subdivisions within the county except cities, the county clerk;

and - *AB65_R1* – 36 – (4)] The Executive Department of the State Government, the Director of the Department of Administration, or his or her designee.

(a)- The81st DirectorSession of(2021) the– Department37 of– Administration, or his or her designee, shall provide each new public employee of a state or agency with the information prepared by the Commission concerning the statutory ethical standards;

(a) If the public officer is elected to office at the general election, on or before January 15 of the year following the public officer’s election.

6.timely filed if, on or before the last day for filing, thent is acknowledgment is filed in one of the following ways:

For the purposes of this section, the acknowledgment is timely filed if, on or before the last day for filing, the acknowledgment is filed in one of the following ways:

Filing by mail - *AB65_R1* – 37 – is complete upon timely depositing the acknowledgment with the United States Postal Service.

(c)- Dispatched81st toSession a(2021) third-party– commercial38 carrier– for delivery to the Commission within 3 calendar days.

Filing by third-partythird-partylivery to commercial carrier is complete upon timely depositing the acknowledgment with the third-party commercial carrier.

and (b) The telephone number and mailing address of the Commission where a public officer may make a request to obtain a printed copy of the statutory ethical standards from the Commission.

and (b) Nonfeasance in office for the purposes of NRS 283.440 and, if the public officer is removable from office pursuant to NRSNRSnd, 283.440, the Commission may file a complaint in the appropriate court for removal of the public officer pursuant to that section.

- *AB65_R1*81st Session (2021) – 3839 – Sec.281A.550 NRS1.

33.A former member of the Public Utilitieslows:

NRSCommission 281A.550of isNevada herebyshall amendednot: to read as follows:

281A.550 1.

A former member of the Public Utilities Commission of Nevada shall not:

or (b) Be employed by such a person,  for 1 year after the termination of the member’s service on the Nevada Gaming Control Board or the Nevada Gaming Commission.

(a) The [former] public officer’s or employee’s principal duties include or included the formulation of policy contained in thetheuties regulations governing the business or industry;

(b) [During] Within the immediately preceding year, [the former] during the public officer’s or employee’s period of public service or employment or within the year immediately preceding the termination of the public officer’s or employee’s period of public service or employment, the public officer or employee directly performed activities, or controlled or influenced an audit, decision, investigation or other action, which significantly affected - 81st Session (2021) – 40 – the businessformer public officer or industryemployee;] ;orut for this section, employ (c) As a result of the [former] public officer’s or employee’s governmental service or employment, the [former] public officer or employee possesses knowledge of the trade secrets of a direct business competitor.

[which might, but for this section, employ the former public officer or employee;] or - *AB65_R1* – 39 – (c) As a result of the [former] public officer’s or employee’s governmental service or employment, the [former] public officer or employee possesses knowledge of the trade secrets of a direct business competitor.

5.former public officer or employee of the State or a politicalnt or subdivision, except a clerical employee, shall not solicit or accept employment from a person to whom a contract for supplies, materials, equipment or services was awarded by the State or political subdivision, as applicable, or was implemented, managed or administered by the State or political subdivision, as applicable, during the public officer’s or employee’s period of public service or employment or for 1 year after the termination of [the officer’s or employee’s] his or her period of public service or [period of] employment, if:

Except as otherwise provided in subsection 6, a current or former public officer or employee of the State or a political subdivision, except a clerical employee, shall not solicit or accept employment from a person to whom a contract for supplies, materials, equipment or services was awarded by the State or political subdivision, as applicable, or was implemented, managed or administered by the State or political subdivision, as applicable, during the public officer’s or employee’s period of public service or employment or for 1 year after the termination of [the officer’s or employee’s] his or her period of public service or [period of] employment, if:

(b) The contract was awarded or was implemented, managed or administered by the State or political subdivision, as applicable, within the immediately preceding year during the public officer’s or employee’s period of public service or employment or within the [12-month period] year immediately preceding the termination of the public officer’s or employee’s period of public service ororf [period of] employment;

6.- 81st Session (2021) – 41 – request for an advisory opinion pursuant to NRS 281A.675ay file a concerning the application of the relevant facts in that person’s case to the provisions of subsection 3 or 5, as applicable, and the Commission may determine whether relief from the strict application of those provisions is proper.

A current or former public officer or employee may file a request for an advisory opinion pursuant to NRS 281A.675 concerning the application of the relevant facts in that person’s case to the provisions of subsection 3 or 5, as applicable, and the Commission may determine whether relief from the strict - *AB65_R1* – 40 – application of those provisions is proper.

and (c) The provisions of this chapter,  it may issue an advisory opinion to that effect and grant such relief.

or (b)governed Anyby otherthis currentsection,or or former public officer or employee governed by this section,  is employed by or is soliciting or accepting employment from a business, industry or other person described in this section if any oral or written agreement is sought, negotiated or exists during the restricted period pursuant to which the personal services of the public officer or employee are provided or will be provided to the business, industry or other person, even if such an agreement does not or will not become effective until after the restricted period.

- 81st Session (2021) – 42 – 10.

As used in this section, “regulation” has the meaning ascribed to it in NRS 233B.038 and also includes regulations adopted or administered by a board, commission, department, division or other agency of the Executive Department of the State Government233B thatof NRS.hat is exempted from the requirements of chapter 233BSec. of NRS.

- *AB65_R1* – 41 – Sec.

[5.] (e) It would be appropriate for the public officer or employee to withdraw or abstain from participation, disclose the nature of the public officer’s or employee’s conflicting personal interest or pursue some other designated course of action in the matter.

- 81st Session (2021) – 43 – (a) Filed on a form prescribed by the Commission;

3.with the Commission, the Commission may request additionaln is filed information relating to the request for an advisory opinion from the requester and his or her legal counsel.

At4. any time after a request for an advisory opinion is filed with the Commission, the Commission may request additional information relating to the request for an advisory opinion from the requester and his or her legal counsel.

- *AB65_R1* – 42 – 4.

The Commission shall render a decision concerning the request for an advisory opinion within 45 days after receiving a written confirmation, signed under oath, from the requester of the truthCommission offor theconsideration proposed findings of factthe torequest, beunless submitted[the] to:he the(a) CommissionThe forrequester considerationwaives ofthis thetime request,limit unless[. [the] :

(a) The requester waives this time limit [.

or - 81st Session (2021) – 44 – (d) The requester has not complied with any applicable procedural requirements related to the request for an advisory opinion as set forth in this chapter or regulations adopted thereto.

If the Commission renders a decision concerning the request for an advisory opinion pursuant to this section, the Commission shall issue a written advisory opinion for any the decision which the Commission determines:

or - *AB65_R1* – 43 – (b) Constitute administrative precedent with persuasive value that the Commission may consider and follow in the adjudication and disposition of any request for an advisory opinion or ethics complaint.

[3.] If the requester seeks judicial review pursuant to NRS 233B.130, any proceedings concerning such judicial review must be confidential and held in closed court without admittance of persons other than those necessary to the proceedings, unless the requester waiveswai5.s thisIf rightthe toCommission confidentialissues proceedings.a written advisory opinion:

5.

If the Commission issues a written advisory opinion:

The Executive Director - 81st Session (2021) – 45 – shall keep a written record of any advice offered to a public officer or employee pursuant to this subsection.

Any act or failure to act by a current or former public officer or employee relating to this chapter is not a violation of this chapter pursuant to subsection 6 of NRS 281A.790 if the public officer or employee establishes by sufficient evidence that he or she relied upon the advice of the Executive Director or Commission Counsel pursuant to this subsection before the public officer or employee acted or failed to act.

Any advice rendered by the Executive Director or Commission Counsel pursuant to this subsection is not binding on the public officer or employee and is not subject to judicial review pursuant - *AB65_R1* – 44 – to NRS 233B.130.

281A.685following 1.materials are confidential and are not public records the pursuant to chapter 239 of NRS:

Except as otherwise provided in this section, the following materials are confidential and are not public records pursuant to chapter 239 of NRS:

and - 81st Session (2021) – 46 – (d) Any information, communications, records, documents or other materials in the possession of the requester of the request for an advisory opinion or the request for the advice of the Executive Director or Commission Counsel provided pursuant to subsection 6 of NRS 281A.680 that are related to the request and, if disclosed by the requester, would reveal the existence, nature or content of the request , the decision rendered or the advisory opinion [.] issued by the Commission or the advice of the Executive Director or Commission Counsel provided pursuant to subsection 6 of NRS 281A.680;

The provisions of subsection 1 do not create or impose any duty on the Commission or its staff to protect or defend against the disclosure of any materials not in the possession of the Commission - *AB65_R1* – 45 – or its staff, regardless of whether the materials are related to [the] a request.

(a) Acts in contravention of the decision rendered or the advisory opinion [,] issued by the Commission or the advice of the Executive Director or Commission Counsel provided pursuant to subsection 6 of NRS 281A.680, in which case the Commission may disclose the request, the decision rendered, the advisory opinion or the advice of the Executive Director or Commission Counsel provided pursuant to subsection 6 of NRS 281A.680 and any information, communications, records, documents or other materials in the possession of the Commission or its staff that are related to the request;

or (c) Voluntarily discloses, in any manner, the request, the decision rendered, the advisory opinion , the advice of the - 81st Session (2021) – 47 – Executive Director or Commission Counsel provided pursuant to subsection 6 of NRS 281A.680 or any information, communications, records, documents or other materials in the possession of the Commission or its staff that are related to the request,reques(1) exceptThe to:supervisory head or the legal counsel of his or her public body, agency or employer [of the requester or the] or to any other public officer or employee of that public body, agency or employer to whom the supervisory head or the legal counsel authorizes such a disclosure in writing;

(1) The supervisory head or the legal counsel of his or her public body, agency or employer [of the requester or the] or to any other public officer or employee of that public body, agency or employer to whom the supervisory head or the legal counsel authorizes such a disclosure in writing;

- *AB65_R1* – 46 – (3) Any other person to whom the Commission authorizes the requester to make such a disclosure;

2.request for an advisory opinion may also file a request withhe the Commission to hold a public meeting or hearing regarding the request for an advisory opinion.

The [public officer or employee] requester who files the request for an advisory opinion may also file a request with the Commission to hold a public meeting or hearing regarding the request for an advisory opinion.

Sec.- 81st Session (2021) – 48 – 281A.710 NRS1.

40.

NRS 281A.710 is hereby amended to read as follows:

281A.710 1.

An ethics complaint filed by a specialized or local ethics committee or person pursuant to paragraph (a) or (b) of subsection 1 must be:

- *AB65_R1* – 47 – (a) Verified under oath and filed on a form prescribed by the Commission;

and under oath and filed on a form prescribed by the (b) Submitted with sufficient evidence to support the allegations in order for the Commission to make a determination of whether it has jurisdiction in the matter and whether an investigation is warranted in the matter pursuant to NRS 281A.715 and 281A.720.

Based on the evidence submitted with an ethics complaint filed with the Commission by a specialized or local ethics committee or person pursuant to paragraph (a) or (b) of subsection 1 of NRS 281A.710 [,] and any additional evidence obtained by the Executive Director pursuant to subsection 2, the Commission shall determine whether it has jurisdiction in the matter and whether an investigation is warranted in the matter.

- 81st Session (2021) – 49 – 2.

To assist the Commission in making its determination pursuant to subsection 1 whether it has jurisdiction in the matter and whether an investigation is warranted in the matter, the Executive Director may conduct a preliminary investigation to obtaincomplaint.itional additional evidence concerning the allegations in the ethics complaint.3.

3.

- *AB65_R1* – 48 – 6.

If the Commission dismisses the matter, it shall issue a letter of caution or instruction to the public officer or employee pursuant to (b) Is sufficient to warrant an investigation in the matter, the Commission may direct the Executive Director to investigate the ethics complaint pursuant to NRS 281A.780.281A.720.

(b) Is sufficient to warrant an investigation in the matter, the Commission may direct the Executive Director to investigate the ethics complaint pursuant to NRS 281A.720.

- 81st Session (2021) – 50 – 2.

The Executive Director shall [provide] prepare and serve a written notice of the investigation of the ethics complaint pursuant to this section [to] on the public officer or employee who is the subject of the ethics complaint and provide the public officer or employee an opportunity to submit to the Executive Director a response to the [allegations against the public officer or employee in the ethics complaint.] written notice of the investigation.

- *AB65_R1* – 49 – 4.

The public officer or employee is not required in the response submitted pursuant to this section or in any proceedings before the review panel to assert, claim or raise any objection or defense, in law or fact, to the allegations against the public officer or employee, and no objection or defense, in law or fact, is waived, abandoned or barred by the failure to assert, claim or raise it in the response or in any proceedings before the review panel.panel.raise it in the 5.

5.

(a)- The81st publicSession officer(2021) or– employee51 who– is the subject of the ethics complaint may waive this time limit [.] ;

ororbject of the (b) Upon the request of the Executive Director, the presiding officer of the review panel may grant one or more extensions of this time limit for good cause shown.

and (c) If the Executive Director believes that a disposition of the matter without an adjudicatory hearing is appropriate under the facts and circumstances, state any suggested disposition that is consistent with the provisions of this chapter, including, without limitation, whether the Executive Director believes that the conduct at issue may be appropriately addressed through additional training or other corrective action under the terms and conditions of a deferral agreement.

Except as otherwise provided in this section, the review panel shall determine whether there is just and sufficient - *AB65_R1* – 50 – cause for the Commission to render a decision and issue an opinion in the matter within [15] 45 days after the Executive Director [provides] presents to the review panel [with] the recommendation required by NRS 281A.725.

The review panel shall cause a record of its proceedings to be kept.3.

3.

If the review panel determines that there is not just and sufficient cause for the Commission to render a decision and issue an opinion in the matter, it shall dismiss the matter, with or without prejudice, and with or without issuing a letter of caution or - 81st Session (2021) – 52 – instruction to the public officer or employee pursuant to NRS 281A.780.

If the review panel determines that there is just and sufficient cause for the Commission to render a decision and issue an opinion in the matter but reasonably believes that the conduct at issue may be appropriately addressed through additional training orort other corrective action under the terms and conditions of a deferral agreement, the review panel may:

If the review panel determines that there is just and sufficient cause for the Commission to render a decision and issue an opinion in the matter and reasonably believes that the conduct at issue may not be appropriately addressed through additional training or other corrective action under the terms and conditions of a - *AB65_R1* – 51 – deferral agreement, the review panel shall refer the ethics complaint to theSec. Commission for further proceedings in the matter.

Sec.

and (b) The Commission shall hold an adjudicatory hearing and render [an opinion in the matter] a decision concerning the ethics complaint within 60 days after the date on which the review panel refers the ethics complaint to the Commission or the Commission vacates the deferral agreement, as appropriate, unless the public - 81st Session (2021) – 53 – officer or employee who is the subject of the ethics complaint waives this time limit [.] or the Commission determines that there is good cause to extend this time limit and sets a specific and reasonable time period for such an extension.

2.[to receive evidence] concerning an ethics complaint, thehearing Commission shall:

[If] Before the Commission holds an adjudicatory hearing [to receive evidence] concerning an ethics complaint, the Commission shall:

For good cause shown, the Commission may take testimony from a person by telephone or video conference at an - *AB65_R1* – 52 – adjudicatory hearing or at any other proceedings concerning the ethics complaint.

- 81st Session (2021) – 54 – Sec.

Except as otherwise provided in this section and NRS 281A.755, all information, communications, records, documents or other materials in the possession of the Commission, the review panel or their staff that are related to an ethics complaint are confidential and are not public records pursuant to chapter 239239aint of NRS until:

(a) Shall keep the identity of the requester confidential if he or she is a public officer or employee who works for the same public body, agency or employer as the public officer or employee who is the subject of the ethics complaint [.] , worked for the same public body, agency or employer during the time of the alleged conduct at issue or if revealing the identity of the requester would reveal the identity of witnesses who work for the same public body, agency or employer.emp(b) May keep the identity of the requester confidential if he or she offers sufficient facts and circumstances showing a reasonable likelihood that disclosure of his or her identity will subject the requester or a member of his or her household to a bona fide threat of physical force or violence.

(b) May keep the identity of the requester confidential if he or she offers sufficient facts and circumstances showing a reasonable likelihood that disclosure of his or her identity will subject the - *AB65_R1* – 53 – requester or a member of his or her household to a bona fide threat of physical force or violence.

Notwithstanding the provisions of chapter 239 of NRS, in denying a request for public records based on the confidentiality provided by this paragraph, the Commission is- not81st requiredSession to(2021) provide– any55 information– that, if disclosed by the Commission in denying the request for public records, wouldwoulded by the reveal that the requester filed the ethics complaint.

Notwithstanding the provisions of chapter 239 of NRS, in denying a request for public records based on the confidentiality provided by this paragraph, the requester of the ethics complaint or his or her public body, agency or employer is not required to provide any information that, if disclosed by either of them in denying the request for public records, would reveal that the requester filed the ethics complaint.

If the Commission keeps the identity of the requester of an ethics complaint confidential [,] pursuant to this section and the Executive Director does not intend to present the testimony of the requester as evidence for consideration by the Commission at the adjudicatory hearing or in rendering a decision and issuing an opinion in the matter, the Commission shall not render a decision and issue an opinion in the matter unless there is sufficient evidence without the testimony of the requester to consider the propriety of the conduct of the public officer or employee who is the subject of the ethics complaint.

If the Commission keeps the identity of the requester of an ethics complaint confidential pursuant to this section and the Executive Director intends to present the testimony of the requester as evidence for consideration by the Commission at the adjudicatory hearing or in rendering a decision and issuing an opinion in the matter and the public officer or employee who is the subject of the ethics complaint submits a written discovery request to the - *AB65_R1* – 54 – Commission pursuant to NRS 281A.755, the [Commission] Executive Director shall disclose the name of the requester only as a proposed witness [within a reasonable time before the adjudicatory hearing on the matter.] in accordance with the schedule for discovery provided to the parties pursuant to NRS 281A.745.

- 81st Session (2021) – 56 – 2.

[At any time after being served with written notice of the determination of the review panel regarding the existence of just and sufficient cause for the Commission to render an opinion in the matter,] In accordance with the schedule for discovery provided to the parties pursuant to NRS 281A.745, the public officer or employee who is the subject of the ethics complaint may submit a written discovery request to the Commission for a list of proposed witnesses and a copy of any portion of the investigative file that the Executive Director intends to present as evidence for consideration by the Commission at the adjudicatory hearing or in rendering a decision and issuing an opinion in the matter.

(2) Any recommendation concerning the ethics complaint prepared by the Executive Director pursuant to NRS 281A.725 and [submitted] presented to the review panel during the course of the investigation and any proceedings before the review panel;

and (3) Any other information provided to or obtained by or on behalf of the Executive Director through any form of communication during the course of the investigation , including, without limitation, information, records and documentation obtained pursuant to subsection 3 of NRS 281A.300, and any proceedings before the review panel and any records, documents or - *AB65_R1* – 55 – other materials created or maintained during the course of the investigation and any proceedings before the review panel which relate to the public officer or employee who is the subject of the ethics complaint, including, without limitation, a transcript, regardless of whether such information, records, documents or other materials are obtained pursuant to a subpoena.

- 81st Session (2021) – 57 – (b) The investigative file does not include any deferral agreement.

The provisions of chapter 241 of NRS do not applyapp[1.] to:(a) Any meeting or hearing held by the Commission to receive information or evidence concerning an ethics complaint;

[1.] (a) Any meeting or hearing held by the Commission to receive information or evidence concerning an ethics complaint;

Has been proven, the Commission may take any action authorizedautSec. by this chapter.

Sec.

- *AB65_R1* – 56 – Sec.

The Commission, in determining whether a violation of this chapter is a willful violation and, if so, the penalty to be imposed on a [public officer or employee] current or former public officer or employee pursuant to NRS 281A.785 or 281A.790, or- the81st reviewSession panel,(2021) in– determining58 whether– to approve a deferral agreement regarding an alleged violation, shall consider, without limitation:

(d) Any mitigating factors, including, without limitation, any self-reporting, prompt correction of the violation or alleged violation, any attempts to rectify the violation or alleged violation before any ethics complaint is filed and any cooperation by the publicpub(e) officerAny restitution or employeereimbursement inpaid resolvingto parties affected by the ethicsviolation complaint;or alleged violation;

(e) Any restitution or reimbursement paid to parties affected by the violation or alleged violation;

and [shall ensure] (b) Ensure that the disposition of the matter bears a reasonable relationship to the severity of the violation or alleged violation.

In proceedings concerning an ethics complaint, the Commission or the review panel, as appropriate, may issue a letter of caution or instruction to the public officer or employee who is the subject of the ethics complaint to caution or instruct the public - *AB65_R1* – 57 – officer or employee regarding the propriety of his or her conduct under the statutory ethical standards .

[set forth in this chapter.] 2.- 81st Session (2021) – 59 – caution or instruction to the public officer or employee, the letter:

If(a) theIs Commissionconfidential orand theis reviewnot panel issues a letterpublic ofrecord cautionpursuant or instruction to thechapter publicof officerNRS. or employee, the letter:

(a) Is confidential and is not a public record pursuant to chapter 239 of NRS.

(a) Require the public officer or employee who is the subject of the eth(1) Comply in all respects with the provisions of this chapter for a specified period without being the subject of another ethics complaint to:arising from an alleged violation of this chapter by the public officer or employee which occurs during the specified period and for which the review panel determines that there is just and sufficient cause for the Commission to render a decision and issue an opinion in the matter.

(1) Comply in all respects with the provisions of this chapter for a specified period without being the subject of another ethics complaint arising from an alleged violation of this chapter by the public officer or employee which occurs during the specified period and for which the review panel determines that there is just and sufficient cause for the Commission to render a decision and issue an opinion in the matter.

(c) Take any combination of such actions or any other reasonable action that the Commission or the review panel, as appropriate, determines will remedy the violation or alleged violation or deter similar violations or conduct.

or alleged 2.

(a) Admonish a public officer or employee if it is determined that the public officer or employee has violated any provision of this chapter, but the violation is not willful, or if such an admonishment is imposed as part of the terms and conditions of a deferral - *AB65_R1*81st Session (2021) – 5860 – of the conduct of the public officer or employee.n of disapproval (b) Reprimand a public officer or employee if it is determined that the public officer or employee has willfully violated any provision of this chapter, but there is no evidence that the willful violation involved bad faith, malicious intent or knowing or reckless disregard of the law, or if such a reprimand is imposed as part of the terms and conditions of a deferral agreement.

An admonishment is a written expression of disapproval of the conduct of the public officer or employee.

(b) Reprimand a public officer or employee if it is determined that the public officer or employee has willfully violated any provision of this chapter, but there is no evidence that the willful violation involved bad faith, malicious intent or knowing or reckless disregard of the law, or if such a reprimand is imposed as part of the terms and conditions of a deferral agreement.

(c) Censure a public officer or employee if it is determined that the public officer or employee has willfully violated any provision of this chapter and there is evidence that the willful violation involved bad faith, malicious intent or knowing or reckless disregard of the law or there are no substantial mitigating factors pursuant to NRS 281A.775 for the willful violation, or if such a censure is imposed as part of the terms and conditions of a deferral agreement.conduct of the public officer or employee.ondemnation of the 3.

A censure is a formal written condemnation of the conduct of the public officer or employee.

3.

(b) Not to exceed $10,000 for a separate act or event that con(c) Not to exceed $25,000 for a separate act or event that constitutes a secondthird willful violation or any additional violation of this chapter;chapter.

and (c) Not to exceed $25,000 for a separate act or event that constitutes a third willful violation or any additional violation of this chapter.

[In] For the purposes of this section, in determining whether a current or former public officer or employee has committed one or more violations of this chapter, each separate act or event that constitutes a violation of this chapter, or course of conduct that the Commission interprets as constituting a separate violation of this chapter, must be treated as a separate violation- that81st isSession cumulative(2021) to– all61 other– violations by that person, whenever committed, without regard to the sequence of thethehat -person, *AB65_R1* – 59 – violations or whether the violations are established in the same proceedings concerning the same ethics complaint or in separate proceedings concerning separate ethics complaints.

(a) Impose on the person committing such an act a civil penalty not to exceed $5,000 [;] , unless a greater civil penalty isisenalty authorized by subsection 1;

If the Commission finds that a violation of [a provision of] this chapter by a [public officer or employee] current or former public officer or employee has resulted in the realization of a financial benefit by the [current or former] public officer or employee or another person, the Commission may, in addition to any 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.

pay a civil penalty of not more than [4.] 5.

(1)- If81st theSession State(2021) Legislator– is62 a– member of the Senate, submit the opinion to the Majority Leader of the Senate or, if the Majority Leader of the Senate is the subject of the opinion or the person who requested the opinion, to the President Pro Tempore of the Senate;

or - *AB65_R1* – 60 – (2) If the State Legislator is a member of the Assembly, submit the opinion to the Speaker of the Assembly or, if the Speaker of the Assembly is the subject of the opinion or the person who requested the opinion, to the Speaker Pro Tempore of the Assembly.

(b)] One or more willful violations of this chapter have been committed by a state officer removable from office only through impeachment pursuant to Article 7 of the Nevada Constitution, the Commission shall submit the opinion to the Speaker of the Assembly and the Majority Leader of the Senate or, if the Speaker of the Assembly or the Majority Leader of the Senate is the person who requested the opinion, to the Speaker Pro Tempore of the Assembly or the President Pro Tempore of the Senate, as appropriate.app[(c)] (b) One or more willful violations of this chapter have been committed by a public officer other than a public officer described in [paragraphs] paragraph (a) , [and (b),] the willful violations shall be deemed to be malfeasance in office for the purposes of NRS 283.440 and the Commission:

[(c)] (b) One or more willful violations of this chapter have been committed by a public officer other than a public officer described in [paragraphs] paragraph (a) , [and (b),] the willful violations shall be deemed to be malfeasance in office for the purposes of NRS 283.440 and the Commission:

 This paragraph grants an exclusive right to the Commission, and no other person may file a complaint against the public officer pursuant to NRS 283.440 based on any violation found in the opinion.

to NRS 283.440 based on any violation found in the [5.] 6.

(a) The public officer or employee relied in good faith upon the advice of the Executive Director or Commission Counsel pursuant to- subsection81st 6Session of(2021) NRS– 281A.68063 or– legal counsel employed or retained by his or her public body, agency or employer;

andandr (b) The advice of the Executive Director, Commission Counsel or legal counsel , as applicable, was:

and (2) Based on a reasonable legal determination by the Executive Director, Commission Counsel or legal counsel under - *AB65_R1* – 61 – the circumstances when the advice was given that the act or failure to act by the public officer or employee would not be contrary to the provisions of this chapter as interpreted [by] in the published opinions of the Commission.

In addition to any other penalties provided by law, if a public employee commits a [willful] violation of this chapter or fails to complete a period of compliance imposed by the Commission pursuant to NRS 281A.785 or by the review panel as part of the terms and conditions of a deferral agreement [, the public employee is subject(a) The Commission shall provide that information to disciplinarythe proceedingspublic bybody, the]agency :or employer of the public employee ;

(a) The Commission shall provide that information to the public body, agency or employer of the public employee ;

If the Commission finds that a current or former 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 determinationprosecution.n of whether a crime has been committed that warrants prosecution.[8.] 9.

[8.] 9.

- 81st Session (2021) – 64 – Sec.

This chapter may be cited as the Nevada Legislative EthicsEthSec. Law.

Sec.

- *AB65_R1* – 62 – (b) Prohibit any conduct that creates the appearance of impropriety;

“Adjudicatory hearing” means a hearing held by the Senate Commission, Assembly Commission or Joint Commission, as applicable, pursuant to this chapter to receive evidence, render a decision and, if appropriate, issue an opinion concerning an ethics complaint.

or - 81st Session (2021) – 65 – 2.

“Commitment in a private capacity” means a private commitment, interest or relationship of a legislative officer or employeeemp1.yeThe to:spouse or domestic partner of the legislative officer or employee;

1.

The spouse or domestic partner of the legislative officer or employee;

A relative of the legislative officer or employee, or the spouse or domestic partner of the legislative officer or employee, - *AB65_R1* – 63 – by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity;

partnership as defined in NRS 122A.040.” means a domestic Sec.

67.

“Domestic partnership” means a domestic partnership as defined in NRS 122A.040.

Sec.

“Legislative employee” means any employee, assistant, attache, intern or other staff employed with reference to the legislative duties of a Legislator or the Legislative Department, - 81st Session (2021) – 66 – regardless of whether they are paid or otherwise compensated to serve in their positions.

(a)(b) TheAny Legislaturelegislative orcommittee;House; either House;

(b) Any legislative committee;

and - *AB65_R1* – 64 – 2.

“Opinion” means an opinion issued by the Senate Commission, Assembly Commission or Joint Commission, as applicable,2.pliThe interm accordanceincludes, withwithout limitation, the provisionsdisposition of thisan chapter.ethics complaint by stipulation, agreed settlement, consent order or default.

2.

The term includes, without limitation, the disposition of an ethics complaint by stipulation, agreed settlement, consent order or default.

- 81st Session (2021) – 67 – Sec.

In carrying out the provisions of this chapter, the Legislative Department is entitled to pursue every legal and equitable remedy that is available to enforce the provisions of this chapter.

This chapter supplements all other ethical standards recognized by the rules adopted by the Houses pursuant to Section 6 of Article 4 of the Nevada Constitution and does not limit the application of such other ethical standards but is cumulative thereto, so that the application or attempted application of any one of the ethical standards does not bar the application or attempted application of any other, except in - *AB65_R1* – 65 – circumstances where Section 6 of Article 4 of the Nevada Constitution invests each House with plenary and exclusive constitutional powers.

Except as otherwise provided in this section, the Senate Commission, Assembly Commission or Joint Commission, as applicable, has jurisdiction to investigate and take appropriate actions regarding an alleged violation of the legislative ethical standards by a legislative officer or employee or former legislative officer or employee in any proceedings commenced by an ethics complaint which is filed in accordance with this chapter within 2 years after the alleged violation or reasonable discovery of the alleged violation.

In applying the provisions of this chapter to an alleged violation by a former legislative officer or employee, the use of the term “legislative officer” or “legislative employee” in this chapter must be interpreted to include the former legislative officer or employee, unless the commencement of proceedings - 81st Session (2021) – 68 – against the former legislative officer or employee concerning the alleged violation is time-barred by the statute of limitations pursuant to section 80 of this act.

The provisions of this chapter establish legislativeleg(a) ethicalLegislative standardsofficers toand govern:employees;

(a) Legislative officers and employees;

A legislative officer or employee shall not seek or accept any gift, service, favor, employment, engagement, emolument or economic opportunity, for the legislative officer or - *AB65_R1* – 66 – employee or any person to whom the legislative officer or employee has a commitment in a private capacity, which would tend to improperly influence a reasonable person in the legislative officer’s or employee’s position to depart from the faithful and impartial discharge of the legislative officer’s or employee’s official duties.

A legislative officer or employee shall not use the legislative officer’s or employee’s official position in government to secure or grant unwarranted privileges, preferences, exemptions or advantages for the legislative officer or employee,employee,es, any business entity in which the legislative officer or employee has a significant pecuniary interest or any person to whom the legislative officer or employee has a commitment in a private capacity.

A legislative officer or employee shall not accept any salary, retainer, augmentation, expense allowance or other compensation- from81st anySession private(2021) source,– for69 the– legislative officer or employee or any person to whom the legislative officer or officer or employee has a commitment in a private capacity, for the performance of the legislative officer’s or employee’s official duties.

A legislative officer or employee shall not suppress any governmental report or other official document because it might tend to affect unfavorably a significant pecuniary interest of the legislative officer or employee or any person to whom the legislative officer or employee has a commitment in a private cap7.ityExcept for Legislators who are subject to the restrictions set forth in subsection 8, a legislative officer or employee shall not use governmental time, property, equipment or other facility to benefit a significant personal or pecuniary interest of the legislative officer or employee or any person to whom the legislative officer or employee has a commitment in a private capacity.

7.

Except for Legislators who are subject to the restrictions set forth in subsection 8, a legislative officer or employee shall not use governmental time, property, equipment or other facility to - *AB65_R1* – 67 – benefit a significant personal or pecuniary interest of the legislative officer or employee or any person to whom the legislative officer or employee has a commitment in a private capacity.

or (II) Necessary as a result of emergency circumstances, whetherwhethe(2) orThe use does not interfere with the useperformance isof authorizedthe bylegislative suchofficer’s aor writtenemployee’s policy;official duties;

(2) The use does not interfere with the performance of the legislative officer’s or employee’s official duties;

or (c)- The81st useSession of(2021) telephones– or70 other– means of communication if there is not a special charge for that use.

of communication if  If the Legislative Department 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 legislative officer or employee shall promptly reimburse the cost or pay the charge to the Legislative Department.

(II)(III) The costuse ordoes valuenot relatedcreate to the useappearance isofminal; nominal;

and (III) The use does not create the appearance of impropriety;

or - *AB65_R1* – 68 – (3) The use of telephones or other means of communication if there is not a special charge for that use.

or (2) Where such service has otherwise been established as leg9.latA legislative policy.officer or employee shall not attempt to benefit a significant personal or pecuniary interest of the legislative officer or employee or any person to whom the legislative officer or employee has a commitment in a private capacity through the influence of a subordinate.

9.

A legislative officer or employee shall not attempt to benefit a significant personal or pecuniary interest of the legislative officer or employee or any person to whom the legislative officer or employee has a commitment in a private capacity through the influence of a subordinate.

A legislative officer or employee shall not seek other employment or contracts for the legislative officer or employee or any person to whom the legislative officer or employee has a - 81st Session (2021) – 71 – commitment in a private capacity through the use of the legislative officer’s or employee’s official position.

As used in this section, “appearance of impropriety” means a reasonable person would find, based on the given set of facts and circumstances, that a legislative officer’s or employee’s limited use of governmental property, equipment or other facilityfacility’s for personal purposes is inappropriate, disproportionate, excessive or unreasonable under that given set of facts and circumstances.

-legislative *AB65_R1*service –requires 69less –than 2.half of his or her time, may represent or counsel a private person for compensation before any state agency of the Executive Department in which he or she does not serve.

A Legislator, or a legislative officer or employee whose legislative service requires less than half of his or her time, may represent or counsel a private person for compensation before any state agency of the Executive Department in which he or she does not serve.

(a) The contracting process is controlled by the rules of open competitive bidding or the rules of open competitive bidding or for - 81st Session (2021) – 72 – a solicitation are not employed as a result of the applicability of NRS 332.112 or 332.148;

(c) The legislative officer or employee has not taken part in developingdev(d) theThe contractlegislative plansofficer or specifications;employee will not be personally involved in opening, considering or accepting offers.

and (d) The legislative officer or employee will not be personally involved in opening, considering or accepting offers.

As used in this section, “honorarium” means the payment of money or anything of value for an appearance or speech by the legislative officer or employee in his or her capacity as a legislative officer or employee.

The term does not include the payment of:of:gislative (a) The actual and necessary costs incurred by the legislative officer or employee, the spouse or domestic partner of the legislative officer or employee or any assistant of the legislative officer or employee for transportation and for lodging and meals while the legislative officer or employee is away from his or her residence.

- *AB65_R1* – 70 – (a) The actual and necessary costs incurred by the legislative officer or employee, the spouse or domestic partner of the legislative officer or employee or any assistant of the legislative officer or employee for transportation and for lodging and meals while the legislative officer or employee is away from his or her residence.

and - 81st Session (2021) – 73 – (2) The fee paid to the legislative officer or employee is approximately the same as the fee that would be paid to a member of the private sector whose qualifications are similar to those of the legislative officer or employee for a comparable speech.

(d) A fee for a speech delivered to an organization of legislatures, legislators or other elected officers.officers.on of 5.

5.

3.apply to the Legislative Department begins when a currention 2 legislative officer or employee files a declaration of candidacy and ends on the date of the general election, general city election or special election for the office for which the current legislative officer or employee is a candidate.

The period during which the provisions of subsection 2 apply to the Legislative Department begins when a current legislative officer or employee files a declaration of candidacy and ends on the date of the general election, general city election or - *AB65_R1* – 71 – special election for the office for which the current legislative officer or employee is a candidate.

or - 81st Session (2021) – 74 – (b) Is created or disseminated in the course of carrying out a duty of:

or (2)5. The Legislative Department.

5.(The provisions of this section do not prohibit an expense or an expenditure incurred to create or disseminate a television program that provides a forum for discussion or debate regarding a ballot question, if persons both in support of and in opposition to the ballot question participate in the television program.

The provisions of this section do not prohibit an expense or an expenditure incurred to create or disseminate a television program that provides a forum for discussion or debate regarding a ballot question, if persons both in support of and in opposition to the ballot question participate in the television program.

A current or former legislative officer or employee, except a clerical employee, shall not solicit or accept employment from a person to whom a contract for supplies, materials, equipment or services was awarded by the Legislative Department, or was implemented, managed or administered by the Legislative Department, as applicable, during the legislative officer’s or employee’s period of legislative service or employment or for 1 year after the termination of his or her period of legislative service or employment if:

- *AB65_R1* – 72 – 2.

The position held by the legislative officer or employee at the time the contract was awarded or while the contract was implemented, managed or administered by the Legislative Department,- as81st applicable,Session allowed(2021) the– legislative75 officer– or employee to materially affect or influence the awarding of the contract or its implementation, management or administration.

Any actions taken by a state agency of the Executive Department in violation of this chapter isare voidable, except that the interests of innocent third parties in the nature of the violation must be taken into account.

The Attorney General may alsoalsothe violation pursue any other available legal or equitable remedies.

and (c) Four persons who are qualified electors of this State, with two such members appointed by the Majority Leader, one suchsuche, -with *AB65_R1* – 73 – member appointed by the Minority Leader and one such member appointed by the other members appointed to the Commission.

- 81st Session (2021) – 76 – 3.

Any member who is a Legislator and who is not a candidate for reelection or who is defeated for reelection continues to serve after the general election until the next regular session convenes.

If a member of the Senate Commission is unable to serve for any reason during the consideration of a specific matter, the alternate member appointed with the qualifications from the samesamee paragraph in subsection 1 by the same appointing authority shall serve as a member of the Commission during the consideration of the specific matter, with all the rights, powers, privileges and immunities of a regular member.

- *AB65_R1* – 74 – Sec.

Except during a regular or special session, for each day or portion of a day during which members of the Senate Commission who are Legislators attend a meeting of the Commission or are - 81st Session (2021) – 77 – otherwise engaged in the business of the Commission, the members are entitled to receive:

(a) The compensation provided for a majority of the Legislators during the first 60 days of the preceding regular session;ses(b) The per diem allowance provided for state officers and employees generally;

(b) The per diem allowance provided for state officers and employees generally;

If a vacancy occurs in the office of Chair or Vice Chair, the vacancy must be filled in the same manner as the original appointmentapp3.ntThe Chair may prescribe rules, practices and procedures for the remainderSenate ofCommission’s themanagement, unexpiredgovernment term.and proceedings.

3.

The Chair may prescribe rules, practices and procedures for the Senate Commission’s management, government and proceedings.

- *AB65_R1* – 75 – 5.

- 81st Session (2021) – 78 – 2.

The Senate Commission shall hear ethics complaints brought against a legislative officer or employee of the Senate regarding an alleged violation of the legislative ethical standards.