AB 66 — Revises provisions relating to ethics in government. (BDR 23-264)

Second, with regard to the limited-use exceptions that apply to public officers and employees other than Legislators, one of the existing requirements for the - *AB66* – 4 – authority to authorize the limited use for personal purposes must have established a policy allowing the limited use.

Finally,Second, with regard to the limited-use exceptions that apply to Legislators and other public officers and employees, 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.

(NRS 281A.400) Section 25 defines the term “appearance of impropriety” to mean a reasonable person would find, based on the given set of facts and circumstances, that the limited use for personal purposes is inappropriate, disproportionate, excessiveexcThe Ethics Law prohibits public officers and employees from using their position in government to secure or unreasonablegrant underany thatunwarranted givenprivileges, setpreferences, ofexemptions factsor andadvantages circumstances.for themselves, any business entity in which they have a significant pecuniary interest or any person to whom they have a commitment in a private capacity.

The(NRS Ethics281A.400) LawSection prohibits25 also adds to the statutory ethical standards a prohibition against public officers and employees from using their position or power in government to securetake actions or grantcompel anya unwarrantedsubordinate privileges,to preferences,take exemptionsany oractions advantagesthat forwould themselves,cause anyunwarranted businessharm entityor indamage whichto theyanother haveperson to benefit a significant pecuniarypersonal interest or anypecuniary personinterest toof whomthe theypublic haveofficer aor commitmentemployee inor aany private capacity.

(NRSwhom 281A.400)the Sectionpublic 25officer alsoor addsemployee tohas thea statutorycommitment ethicalin standards a prohibitionprivate againstWith certain exceptions, the Ethics Law prohibits public officers and employees usingfrom theiracting positionupon ora thatmatter wouldin causewhich unwarrantedtheir harmpersonal or damageprivate tointerests anothermay personcreate topotential benefitconflicts theonsof significantinterests pecuniaryunless, interestat orthe personaltime interestthe ofmatter theis publicconsidered, officerthey ormake employeea ordisclosure ofthat anyis personsufficient to whominform the public officerof ortheir employeepotential hasconflicts aof commitmentinterests. in a private capacity.

With(NRS certain281A.420) exceptions,Section the27 Ethicsof Lawthis prohibitsbill provides that, when public officers and employees frommake actingsuch upon a matterpublic indisclosure, whichthey theirare personalnot orrequired privateto interestsdisclose mayany createinformation potentialwhich conflictsis ofconfidential interestsunder unless, at the timeterms theof mattera iscontract considered,or theyas make a disclosurematter thatof islaw, sufficientsuch toas informa theresult public of theiran potentialattorney-client conflictsrelationship, ofif interests.the contract or law;

(NRSand 281A.420)(2) Sectionabstain 27from ofacting thisupon billthe providesmatter.he notgeneral requirednature toof discloseThe anyEthics informationLaw whichallows iscertain confidentialpublic underofficers theto termsrepresent of a contract or ascounsel aprivate matterpersons offor law,compensation suchbefore asstate aor resultlocal ofagencies anin attorney-clientwhich relationship,they ifdo they:not serve.

(1)In addition, although the Ethics Law requires public officers to disclose allsuch nonconfidentialprivate informationrepresentation andor describecounseling thewhen generalit naturemay create potential conflicts of theinterests contractwith ortheir law;public duties, they are not required to abstain from acting on a matter because of those potential conflicts of interests.

and(NRS (2)281A.410, 281A.420) Section 27 requires public officers to abstain from acting uponon a matter under certain circumstances when such private representation or counseling results in conflicts of intThe Ethics Law prohibits certain former public officers and employees, for a 1- year “cooling-off” period after the matter.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.

TheHowever, the Ethics Law also allows certainthe publicCommission officers to representgrant orrelief counselfrom privatethe personsstrict forapplication compensationof beforethe stateprohibition or local agencies in whichspecified theycircumstances. do not serve.

In(NRS addition,281A.550) although the Ethics Law requires public officers to disclose such private representation or counseling when it may create potential conflicts of interests with their public duties, they are not required to abstain from acting on a Section 2728 requiresprovides publicthat: 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(1) Ethicscertain Lawcurrent prohibitsand certain former public officers and employees,management-level forpublic aemployees 1-are yearsubject to the “cooling-off” period afterboth theduring terminationand ofafter 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.circumstances;

However,and (2) the Ethics“cooling-off” Lawperiod alsoapplies allowswhen thecertain Commissioncurrent and former public officers and employees are or were in positions to grantmaterially reliefaffect fromor influence the strictawarding, applicationrenewing or amending of certain contracts by their employing agencies because they had the prohibitionauthority inor specifiedresponsibility formerto publicrecommend, officersadvise, andnegotiate, management-leveldevelop, publicdraft, revise, review or approve any material terms of - *AB66_R1* – 5 – employees are subjectalleged to have violated the “cooling-off” periodperiod, bothsection during45 andof afterthis theirbill publicprovides servicethat orthe employmentCommission andmust cannotconsider solicitcertain orfactors acceptrelating privateto employmentthe fromcomparative suchvalue entitiesof the contract under similarthe circumstances;given set of facts and circumstances in assessing the severity of the violation and any penalties.

and (2) the “cooling-off” period applies when certain current and former public officers and employees are or were materially involved in the - *AB66* – 5 – their employing agencies.t or administration of certain contracts awarded by Under the Ethics Law, the Legislative Counsel is required to prepare annotations to the Commission’s published opinions for inclusion in the Nevada Revised Statutes.

The Ethics Law authorizes a public officer or employee to file with the Commission a request for an advisory opinion to:

(1) seek guidance relating to the propriety of his or her own past, present or future conduct under the statutory provisionsethical ofstandards; the Ethics Law.

(NRSor 281A.675)(2) Sectionrequest 16relief of this bill deletesain duplicative provisions from the definitionstrict application of acertain “requestprovisions forof an advisory opinion.” Section 30 authorizes the CommissionEthics toLaw. request additional information relating to the request for an advisory opinion from the requester or his or her legal counsel.

(NRS 281A.675) Section 16 of this bill deletes duplicative provisions from the definition of a “request for an advisory opinion.” Section 30 authorizes the Commission to request additional information relating to the request for an advisory opinion from the requester or his or her legal counsel.

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

Section 33 also provides that if the Commission grants such a request for a public meeting or hearing regarding the matter, the 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 Commission, but the meeting or hearingIn addition to rendering advisory opinions, the Commission is notalso subjectauthorized by the Ethics Law to specificrender requirementsopinions regarding the propriety of the Openconduct Meetingof Law.public officers and employees under the statutory ethical standards in response to ethics complaints filed by a specialized or local ethics committee or a person or initiated by the Commission on its own motion.

In(NRS addition281A.710) toSection rendering34 advisoryof opinions,this thebill Commissionauthorizes is also authorized by the EthicsExecutive LawDirector to renderconduct opinionsa regardingpreliminary investigation into the propriety of the conduct of ethics complaints filed by a specializedpublic officer or localemployee ethicsto committeedetermine orwhether athe personCommission orohas initiatedjurisdiction byand whether the Commission should initiate an ethics complaint on its own motion.

(NRSrequires 281A.710) Section 34 of this bill authorizes the ExecutiveCommission Director to conductdetermine ainitially preliminarywhether investigationit intohas thejurisdiction proprietyover of the conductethics ofcomplaint aand publicwhether officeran orinvestigation employeeis towarranted determinein if the Commissionmatter, hasunless jurisdictionthe andsubject whetherof the Commission should initiate an ethics complaint onwaives itsthe owntime motion.limit.

Not(NRS later281A.715) thanSection 4535 days after receiving an ethics complaint, the Ethics Law requires the Commission to determine initially whether it has jurisdiction over the ethics complaint and whether an investigation is warranted in the matter, unless the authorizes the Executive Director, during this initial period, to conduct aona 35 preliminary investigation to obtain additional information concerning the allegations in the ethics complaint to assist the Commission in making its initial determination.

(1) 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 Commission determines that it has jurisdiction and an investigation is warranted;

and (2) allows the Commission to dismiss an ethics complaint initiated on its own motion if it determines that the evidence is not sufficient to warrant an invUnder the Ethics Law, if the Commission determines that it has jurisdiction over an ethics complaint and an investigation isin warranted, the subjectmatter. of the ethics complaint is served with a notice of the investigation and provided with an opportunity to submit a response to that notice.

(NRSUnder 281A.720)the SectionEthics 36Law, authorizesif the ExecutiveCommission Directordetermines tothat grant,it underhas certainjurisdiction circumstances,over onean orethics -complaint *AB66* – 6 – Director must set a specific and reasonablean timeinvestigation periodis forwarranted, suchthe ansubject extension.ve As part of the investigation,ethics the- Ethics*AB66_R1* Law– permits6 the– Executiveopportunity Director to securesubmit the subject’s participation, attendance as a witnessresponse orto productionthat ofnotice. books and papers under existing procedures.

(NRS 281A.300)281A.720) Section 3636n clarifiesauthorizes that, regardless of whether the subjectExecutive submitsDirector a response to thegrant, investigation,under thecertain Executivecircumstances, Directorone retainsor themore authorityextensions during the course of the investigationtime limit to securesubmit the subject’sresponse, participation,but attendancethe asExecutive aDirector witnessmust orset productiona ofspecific books and papersreasonable undertime thoseperiod existingfor procedures or any other law that provides such autUnder the Ethics Law, a review panel is required to determine whether there is just and sufficient cause for the Commission to render an opinionextension. in the matter.

As part of the investigation, the Ethics Law permits the Executive Director to secure the subject’s participation, attendance as a witness or production of books and papers under existing procedures.

(NRS 281A.300) Section 36 clarifies that, regardless of whether the subject submits a response to the investigation, the secure the subject’s participation, attendance as a witness or production of books and papers under those existing procedures or any other law that provides such authority.

Under the Ethics Law, a review panel is required to determine whether there is just and sufficient cause for the Commission to render an opinion in the matter.

The Ethics Law establishes various requirements regarding the adjudication of ethics281A.745-281A.760) complaintsSection referred39 torequires: the Commission for further proceedings.

(NRS(1) 281A.745-281A.760)the SectionExecutive 39Director requires:to issue a formal notice of charges to the subject of the ethics complaint regarding the allegations to be presented at an adjudicatory hearing;

(1)and the(2) Executive Director to issue a formal notice of charges to the subjectCommission ofto the ethics complaint regarding the provide the parties with a written schedule for discovery in order to prepare for the hearing.

(1) provides the Commission with more time to prepare the written opinion in the matter by requiring the Commission to issue the written opinion within a specified time period after the decision is rendered;

and (2) clarifies that, in addition to including findings of fact and conclusions of law, the written opinion must otherwise comply with the requirements for a final decision under Nevada’s Administrative Procedure Act.

(NRS 233B.125) Section 43 of thisonthis bill makes a conforming change related to the contents of a written opinion.

(NRS 281A.750) Section 40 of this bill extends the confidentiality of the requester to persons who worked for the same public body, agency or employer as the subject of the ethics complaint at the time of the alleged conduct, or if revealing the identity of the requester would otherwise reveal the identity of witnesses who work for the same confidentialitypublic extendsbody, toagency allor materialsemployer. that, if disclosed, would reveal the identity of the confidential requester;

Section 40 also clarifies that:

(1) such confidentiality extends to all materials that, if disclosed, would reveal the identity of the confidential requester;

However, if the Executive Director intends to present the testimony of the confidential requester as evidence in the matter, section 40 requires the Executive Director to disclose the name of the confidentialfor requesterdiscovery onlyin asthe matter.as a proposed witness in accordance with the schedule forUnder the Ethics Law, the subject of an ethics complaint is authorized to submit a written discovery request for a list of proposed witnesses and a copy of any materials in the investigative file that the Executive Director intends to present as evidence in the matter.

UnderThe the Ethics Law,Law thealso subjectprovides ofthat anthe ethics complaint is authorized to any materials in the investigative- file*AB66_R1* that– the7 Executive– Director intendspresents to present as evidence in the matter.matter become public records.

The(NRSe EthicsExecutive Law281A.755) alsoSection provides41 thatrequires theany materialswritten indiscovery therequest investigativeto filebe aresubmitted confidential,in exceptaccordance thatwith any materials which the Executiveschedule Directorfor presentsdiscovery as evidence in the mattermatter. become public records.

(NRS 281A.755) Section 41 requires any written discovery request to be submitted in - *AB66* – 7 – accordance with the schedule for discovery in the matter.

In proceedings concerning an ethics complaint, the OpenEthics MeetingLaw Law:exempts from receive information or evidence concerning the ethics complaint;

(1) any meeting or hearing held by the Commission torom receive information or evidence concerning the ethics complaint;

However, section 42 requires the Commission to take final action concerning the ethics complaint in a public meeting or hearing for which the Commission provides public notice and which is open to the public and conducted the in accordance with the regulations of the Commission, but the meeting or hearing is notnotThe subjectEthics toLaw specificestablishes various requirements regarding the disposition of ethics complaints and the Openimposition Meetingof Law.remedies and penalties and, with respect to certain dispositions of ethics complaints and in determining whether a violation is willful, the Ethics Law requires the Commission to treat comparable situations in a comparable manner.

The(NRS Ethics281A.785, Law281A.790) establishesSections various44 requirements regarding the disposition of ethics complaints and the45 imposition of remediesthis andbill penalties and, with respect to certain dispositions of ethics complaints and in determining whether a violation is willful, the Ethics Law requires the Commission to treat comparable situations in a require the Commission to carry out that duty to the extent practicable based on the given set of facts and circumstances.

Section 47 clarifies that, based on a finding that a violation of the Ethics Law has been proven, the Commission is authorized to impose certain penalties using any manner in which the Commission is authorized to disposeSection 48 of this bill makes technical conforming changes to the matter.description of current and former public officers and employees in the Ethics Law.

Section 48108 of this bill makesaddresses technicalthe conformingapplicability changesof tocertain theprovisions descriptionof sections 2-48 of currentthis andbill formerto publicvarious officersproceedings andbefore employees.the Commission.

THESections PEOPLE9, OF9.5, THE13.5, STATE15.5, OF15.7, NEVADA,25-27.5 REPRESENTEDand IN48 SENATEof ANDthis ASSEMBLY,bill DOremove ENACTlegislative ASofficers FOLLOWS:and employees from the jurisdiction of the Ethics Law, and sections 50- 105 of this bill enact the Nevada Legislative Ethics Law (Legislative Ethics Law) to govern legislative officers and employees and, in certain situations, former legislative officers and employees after the end of their period of legislative service or Sections 52-71 of this bill establish various definitions applicable to the Legislative Ethics Law.

In particular, section 67 of this bill defines “legislative officer” as any current or former:

(1) member of the Senate, Secretary of the Senate or officer of the Senate;

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

or (3) officer of the Legislature, the Legislative Counsel Bureau or the Legislative Department of the State Government.

However, the term does not include the Lieutenant Governor when acting in his or her official capacity as the President of the Senate.

Section 65 of this bill defines “legislative employee” as any current or former employee, assistant, attache, intern or other staff employed Department, regardless of whether the position is paid or otherwise compensated.

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.

(Nev.

Const.

Art.

4, § 6;

Senate Standing Rule No.

23;

Assembly Standing Rule No.

23;

Joint Standing Rules Nos.

30-39) - *AB66_R1* – 8 – 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.

Sections 51 and 72-76 of this bill set forth additional standards governing the interpretation, application and administration of the Legislative Ethics Law.

Sections 77-83 of this bill establish legislative ethical standards which are similar to existing ethical standards for public officers and employees but which are tailored to the specific ethical demands of the Legislative Department.

Existing law establishes general ethical standards to which public officers and provisions for the purpose of legislative officers and employees.lishes similar Existing law restricts public officers and employees from representing or counseling private persons before certain public agencies.

(NRS 281A.410) Section 78 of this bill establishes similar provisions for the purpose of legislative officers and employees.

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

(NRS 281A.430) Section 79 of this bill establishes similar provisions applicable to legExisting law prohibits a public officer or employee from accepting or receiving an honorarium under certain circumstances.

(NRS 281A.510) Section 80 of this bill establishes similar provisions for the purpose of legislative officers and employees.

Existing law prohibits a public officer or employee from requesting or otherwise causing a governmental entity to incur certain expenses or make expenditures to support or oppose ballot questions or candidates under certain circumstances.

(NRS 281A.520) Section 81 of this bill establishes similar provisions prohibiting legislative officers and employees from engaging in such acts with regard to the Legislative Department.

employees relating to soliciting or accepting employment from certain entitiesand under certain circumstances.

(NRS 281A.550) Section 82 of this bill establishes similar provisions relating to legislative officers and employees.

Existing law authorizes the Attorney General or the appropriate district attorney to void certain grants, contracts or leases entered into in violation of the Ethics Law and authorizes the Attorney General to take other actions to redress certain violations.

(NRS 281A.540) Section 83 of this bill authorizes the Attorney General or appropriate district attorney to take similar actions to redress certain violations of the Legislative Ethics Law.

create the Senate Commission on Ethics (Senate Commission), Assembly95 of this bill Commission on Ethics (Assembly Commission) and Joint Commission on Ethics (Joint Commission), provide for the appointment and terms of their respective members and prescribe standards for their management, governance and proceedings.

Section 109 of this bill directs the appointment and terms of the initial members of each Commission.

Under section 87 of this bill, the Senate Commission has jurisdiction to:

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

and (2) hear requests brought by such persons for advice on the legislative ethUnder section 91 of this bill, the Assembly Commission has jurisdiction to:

(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 legislative ethical standards.

- *AB66_R1* – 9 – ethics complaints brought against legislative officers and employees other than ther officers or employees of the Senate or Assembly;

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

Section 97 of this bill authorizes the Senate Commission, Assembly Commission and Joint Commission, as applicable, to conduct investigations and hold hearings to carry out the Legislative Ethics Law.

Section 98 of this bill provides that all proceedings of the Senate Commission, Assembly Commission or Joint Commission, as applicable, relating to 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.

Section 106 of this bill makes a conforming change to the Public Records Law.

Section 99 of this bill provides that a member of the Senate Commission, Assembly Commission or Joint Commission, as applicable, is disqualified from serving during the consideration of a matter if:

(1) the member is the subject of the ethics complaint;

(2) the member requested the advice on the issue under consideration;

or (3) a reasonable person in the member’s situation could not exeSection 100 of this bill authorizes an individual to file with the Legislative Counsel an ethics complaint against a legislative officer or employee.

Section 100 requires the Legislative Counsel to review the ethics complaint and consult with the Chair of the Senate Commission, Assembly Commission or Joint Commission, as applicable, to determine whether the Commission has jurisdiction over the complaint and whether an investigation is warranted in the matter.

Finally, section 100 requires that:

(1) if it is determined that the Commission does not have jurisdiction or an investigation is not warranted, the Legislative Counsel must send a written notice of such a determination to the individual who filed the ethics investigation is warranted, the Legislative Counsel must send a written notice of the determination and a copy of the ethics complaint to the person who is subject to the ethics complaint.

Section 74 of this bill requires the ethics complaint to be filed within 2 years after 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 101 of this bill establishes various procedural and evidentiary requirements for the adjudicatory hearing, including the burden and standard of proof.

Commission or Joint Commission, as applicable, to dismiss an ethics complaint if the Commission finds that the violation of the legislative ethical standards has not been proven.

Alternatively, if the Senate Commission, Assembly Commission or Joint Commission, as applicable, finds that a violation of the legislative ethical standards has occurred, sections 102-104 of this bill authorize the Commission to:

(1) issue a letter of 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;

or (4) take any other reasonable actions that including referring the matter to the appropriate House for review andiolations, consideration.

Section 105 of this bill also requires the Senate Commission, Assembly Commission or Joint Commission, as applicable, to refer the matter to the Attorney - *AB66_R1* – 10 – General or the district attorney, as appropriate, if the Commission believes that the violation of the legislative ethical standards constitutes a crime.

proceedings brought against legislative officers and employees.sdiction for ethics THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

- *AB66* – 8 – Sec.

- *AB66_R1* – 11 – 1.

Except1. as otherwise provided in NRS 281A.720, the Chair may, upon the request of the Executive Director and for good cause shown, grant not more than one extension of a time limitation set forth in this chapter.

Except as otherwise provided in this section and NRS 281A.720, the Chair may, upon the request of the Executive Director and for good cause shown, grant not more than one extension of any time limit set forth in this chapter.

2.

The Chair may not grant an extension of any time limit in the statute of limitations set forth in NRS 281A.280.

and (b) The Director of the LegislativeDepartment Counselof BureauAdministration, or his or her designee, for a public officer of the LegislativeExecutive Department of the State Government;

and - *AB66* – 9 – (c) The Director of the Department of Administration, or his or her designee, for a public officer of the Executive Department of the State Government;

and (c) The LegislativeExecutive Department of the State Government, the Director of the LegislativeDepartment Counselof Bureau;Administration, or his or her designee.

and (d) The Executive Department of the State Government, the Director of the Department of Administration, or his or her designee.

9.5.

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

281A.020 1.

It is hereby declared to be the public policy of this State that:

(a) A public office is a public trust and shall be held for the sole benefit of the people.

(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.

2.

The Legislature finds and declares that:

(a) The increasing complexity of state and local government, more and more closely related to private life and enterprise, enlarges the potentiality for conflict of interests.

- *AB66_R1* – 12 – (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 persons who are both public servants and private citizens.

(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.

(d)] The provisions of this chapter do not, under any circumstances, allow the Commission to exercise jurisdiction or authority over [or inquire into, intrude upon or interfere with the functions of a] :

(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 67 of this act;

or (2) Any legislative employee as defined in section 65 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 Commission may exercise jurisdiction or authority over that person but only for conduct arising out of the other position.

Sec.

281A.032 “Adjudicatory hearing” means a hearing held by the Commission pursuant to NRS 281A.745 to [receive evidence] hear the case presented by the Executive Director, or his or her designee, and by the public officer or employee who is the subject of the ethics complaint, and render a decision concerning an[an] the ethics complaint .

[and render an opinion in the matter.] - *AB66_R1* – 13 – Sec.

- *AB66* – 10 – 5.

13.5.

NRS 281A.080 is hereby amended to read as follows:

281A.080 1.

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

2.

The term does not include:

(a) The functions of the judiciary.

(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 67 of this act.

Sec.

281A.088 “Ethics complaint” means [a request for an opinion] an ethics complaint which is filed with the Commission or initiated by the Commission on its own motion pursuant to NRS 281A.710 regarding the propriety of the conduct of a public officer or - *AB66_R1* – 14 – employee under the [statutory ethical standards set forth in] provisions of this chapter.

15.5.

NRS 281A.150 is hereby amended to read as follows:

281A.150 1.

“Public employee” means any person who:

[1.] (a) Performs public duties under the direction and control of a public officer for compensation paid by the State or any county, city or other political subdivision;

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

2.

“Public employee” does not include any legislative employee as defined in section 65 of this act.

Sec.

15.7.

NRS 281A.160 is hereby amended to read as follows:

281A.160 1.

“Public officer” means a person who is:

(a) Elected or appointed to a position which:

(1) Is established by the Constitution of the State of Nevada, a statute of this State or a charter or ordinance of any county, city or other political subdivision;

and (2) Involves the exercise of a public power, trust or duty;

or (b) Designated as a public officer for the purposes of this chapter pursuant to NRS 281A.182.

2.

As used in this section, “the exercise of a public power, trust or duty” means:

(a) Actions taken in an official capacity which involve a substantial and material exercise of administrative discretion in the formulation of public policy;

(b) The expenditure of public money;

and (c) The administration of laws and rules of the State or any county, city or other political subdivision.

3.

“Public officer” does not include:

(a) Any justice, judge or other officer of the court system;

(b) Any State Legislator or other legislative officer as defined in section 67 of this act;

(c) Any member of a board, commission or other body whose function is advisory;

- *AB66_R1* – 15 – [(c)] (d) Any member of a special district whose official duties do not include the formulation of a budget for the district or the authorization of the expenditure of the district’s money;

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

4.

“Public office” does not include an office held by:

(a) Any justice, judge or other officer of the court system;

(b) Any State Legislator or other legislative officer as defined in section 67 of this act;

(c) Any member of a board, commission or other body whose function is advisory;

[(c)] (d) Any member of a special district whose official duties do not include the formulation of a budget for the district or the authorization of the expenditure of the district’s money;

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

Sec.

If both 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 the powers and - *AB66* – 11 – functions and perform the duties of the Chair concerning that particular matter.

The Commission shall meet regularly at least once in each calendar quarter, unless there are no ethics complaints or requests - *AB66_R1* – 16 – for advisory opinions pursuant to this chapter, and at other times upon the call of the Chair.

- *AB66* – 12 – (c) Gather information and conduct investigations regarding ethics complaints and requests for advisory opinions pursuant to this chapter.

- *AB66_R1* – 17 – (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.

- *AB66* – 13 – 2.

- *AB66_R1* – 18 – 3.

(c) Investigate and take appropriate action regarding an alleged violation of subsection 32 of NRS 281A.790 by a current or - *AB66* – 14 – former public officer or employee or any other person in any proceeding commenced by a written notice of the charges, which - *AB66_R1* – 19 – is initiated by the Commission on its own motion, within 2 years after the alleged violation or reasonable discovery of the alleged violation.

- *AB66* – 15 – (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;

- *AB66_R1* – 20 – (d) To facilitate the prompt rendition of decisions and the issuance of opinions by the Commission;

[Upon] Except as otherwise provided in this subsection, upon the request of the Executive Director, the Chair [or, in the - *AB66* – 16 – 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 - *AB66_R1* – 21 – [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.

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 - *AB66* – 17 – 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.

Failure of the public officer or employee to comply with the written - *AB66_R1* – 22 – request of the Executive Director shall be deemed a waiver by the public officer or employee of the time limits set forth in NRS 281A.700 to 281A.790, inclusive, that apply to proceedings concerning the ethics complaint.

- *AB66* – 18 – Sec.

- *AB66_R1* – 23 – (a) Establish a code of ethical standards suitable for the particular ethical problems encountered in its sphere of activity.

- *AB66* – 19 – Sec.

A public officer or employee shall not seek 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 - *AB66_R1* – 24 – 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.

Except[Except for State Legislators who are subject to the restrictions set forth in subsection 8, aa] A public officer or employee shall not use governmental time, property, equipment or other - *AB66* – 20 – facility 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.

- *AB66_R1* – 25 – (I) Authorized by a written policy which was adopted before the use occurs by the public officer or employee who is responsible for and has authority to authorize the use of such property, equipment or other facility [has established a policy allowing the use or the use is necessary] ;

A[A State Legislator shall not:

(a) Use governmental time, property, equipment or other facility [forfor a nongovernmental purpose or for the private]private to benefit a significant personal or pecuniary interest of the State Legislator or any [other]other personperson. [.] to whom the State Legislator has a commitment in a private capacity.

(1) A limited use of [state]state governmental property [andand resources]resources , equipment or other facility for personal purposes if:

or - *AB66* – 21 – (3) The use of telephones or other means of communication if there is not a special charge for that use.

(1) In unusual and infrequent situations where the legislative employee’s service is reasonably necessary to permit the State Legislator or legislative employee to perform that person’s official duties;

or - *AB66_R1* – 26 – (2) Where such service has otherwise been established as legislative policy.

9.9.] 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 subordinate.

A[10.] public9. 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 subordinate.

10.

10.

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 would cause unwarranted harm or damage to another person 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.

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 would cause unwarranted harm or damage to another person to benefit the significant pecuniary interest or personal interest of the public officer or employee or the significant pecuniary interest or personal interest of any person to whom the public officer or employee has a commitment in a private capacity.

12.

(a) Shall not accept compensation from any private person to represent or counsel the private person on any issue pending before - *AB66* – 22 – the agency in which that public officer or employee serves, if the agency makes decisions;

As used in this paragraph, “issue” includes a case, proceeding, application, contract or - *AB66_R1* – 27 – determination, but does not include the proposal or consideration of legislative measures or administrative regulations.

Except as otherwise provided in subsection 3, a[a State Legislator oror] a member of a local legislative body, or a public officer or employee whose public service requires less than half of his or her time, may represent or counsel a private person before an agency in which he or she does not serve.

- *AB66* – 23 – (b) In which the public officer or employee has a significant pecuniary interest;

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 another - *AB66_R1* – 28 – 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 significant pecuniary interest, upon the person to whom the public officer or employee has a commitment in a private capacity or upon the private person who was represented or counseled by the public officer or employee.

and - *AB66* – 24 – (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 required to abstain pursuant to subsection 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 in the consideration of, a matter with respect to which the - *AB66_R1* – 29 – independence of judgment of a reasonable person in the public officer’s situation would be materially affected by:

Because abstention by a public officer disrupts the normal course of representative government and deprives the public and the public - *AB66* – 25 – 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 interests of another person [.] or representation or counseling of a private person for compensation as permitted by NRS 281A.410.

- *AB66_R1* – 30 – 5.

7.[7.

The responsibility of a State Legislator to make disclosures concerning [gifts,gifts, loans, interests or commitments]commitments a matter 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 the State Government which are adopted, administered and enforced exclusively by the appropriate bodies of the Legislative Department of the State Government pursuant to Section 6 of Article 4 of the Nevada Constitution.

As used in this section, “public officer” and “public employee” do not include a State Legislator.Legislator.] Sec.

27.5.

NRS 281A.500 is hereby amended to read as follows:

281A.500 1.

On or before the date on which a public officer swears or affirms the oath of office, the public officer must be informed of the statutory ethical standards and the duty to file an acknowledgment of the statutory ethical standards in accordance with this section by:

(a) For an appointed public officer, the appointing authority of the public officer;

and (b) For an elected public officer of:

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

(2) The city, the city clerk;

and (3) [The Legislative Department of the State Government, the Director of the Legislative Counsel Bureau;

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

- *AB66_R1* – 31 – 2.

Within 30 days after a public employee begins employment:

(a) The Director of the Department of Administration, or his or her designee, shall provide each new public employee of a state agency with the information prepared by the Commission concerning the statutory ethical standards;

and (b) The manager of each local agency, or his or her designee, shall provide each new public employee of the local agency with the information prepared by the Commission concerning the statutory ethical standards.

3.

Each public officer shall acknowledge that the public officer:

(a) Has received, read and understands the statutory ethical standards;

and (b) Has a responsibility to inform himself or herself of any amendments to the statutory ethical standards as soon as reasonably practicable after each session of the Legislature.

4.

The acknowledgment must be executed on a form prescribed by the Commission and must be filed with the Commission:

(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.

(b) If the public officer is elected to office at an election other than the general election or is appointed to office, on or before the 30th day following the date on which the public officer swears or affirms the oath of office.

5.

Except as otherwise provided in this subsection, a public officer shall execute and file the acknowledgment once for each term of office.

If the public officer serves at the pleasure of the appointing authority and does not have a definite term of office, the public officer, in addition to executing and filing the acknowledgment after the public officer swears or affirms the oath of office in accordance with subsection 4, shall execute and file the acknowledgment on or before January 15 of each even-numbered year while the public officer holds that office.

6.

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:

(a) Delivered in person to the principal office of the Commission in Carson City.

(b) Mailed to the Commission by first-class mail, or other class of mail that is at least as expeditious, postage prepaid.

Filing by mail is complete upon timely depositing the acknowledgment with the United States Postal Service.

(c) Dispatched to a third-party commercial carrier for delivery to the Commission within 3 calendar days.

Filing by third-party - *AB66_R1* – 32 – commercial carrier is complete upon timely depositing the acknowledgment with the third-party commercial carrier.

(d) Transmitted to the Commission by facsimile machine or other electronic means authorized by the Commission.

Filing by facsimile machine or other electronic means is complete upon receipt of the transmission by the Commission.

7.

If a public officer is serving in a public office and executes and files the acknowledgment for that office as required by the applicable provisions of this section, the public officer shall be deemed to have satisfied the requirements of this section for any other office held concurrently by him or her.

8.

The form for making the acknowledgment must contain:

(a) The address of the Internet website of the Commission where a public officer may view the statutory ethical standards and print a copy of the standards;

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.

9.

Whenever the Commission, or any public officer or employee as part of the public officer’s or employee’s official duties, provides a public officer with a printed copy of the form for making the acknowledgment, a printed copy of the statutory ethical standards must be included with the form.

10.

The Commission shall retain each acknowledgment filed pursuant to this section for 6 years after the date on which the acknowledgment was filed.

11.

Willful refusal to execute and file the acknowledgment required by this section shall be deemed to be:

(a) A willful violation of this chapter for the purposes of NRS 281A.785 and 281A.790;

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

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 of this section.

12.

As used in this section, “general election” has the meaning ascribed to it in NRS 293.060.

or - *AB66_R1* – 33 – (b) Appear before the Public Utilities Commission of Nevada to testify on behalf of a public utility or parent organization or subsidiary of a public utility, - *AB66* – 26 –  for 1 year after the termination of the member’s service on the Public Utilities Commission of Nevada.

In addition to the prohibitions set forth in subsections 1 and 2, and except as otherwise provided in subsections 4 and 6, a current or former public officer or management-level public employee of a board, commission, department, division or other agency of the Executive Department of the State Government [, except a clerical employee,] shall not solicit or accept employment from a business or industry whose activities are governed by regulations adopted or administered by the board, commission, department, division or other agency , as applicable, if the solicitation or acceptance of employment occurs during the public officer’s or employee’s period of public service or employmentemployment, or for[for] within 1 year after the termination of [the former public officer’s or employee’s] his or her period of public service or [period of] employment if:[if:] , and:

(b) [During] Within the immediately preceding year,year [the[, the former] during the public officer’s or employee’s period of public service or employmentemployment, 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 the business or industry ;

- *AB66_R1* – 34 – 4.

- *AB66* – 27 – (a) The [former public officer] member is engaged in the profession, occupation or business regulated by the board, commission or similar body;

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 , renewed or amended by the State or political subdivision, as applicable, orif was implemented, managed or administered by the Statesolicitation or politicalacceptance subdivision,of asemployment applicable,occurs during the public officer’s or employee’s period of public service or employmentemployment, or for[for] within 1 year after the termination of [the officer’s or employee’s] his or her period of public service or [period of] employment, if:[if:] and:

(b) The contract was awarded or, wasrenewed implemented, managed or administeredamended 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 employmentemployment, or within the [12-month period] year immediately preceding the termination of the public officer’s or employee’s period of public service or [period of] employment;

and (c) The position held by the [former] public officer or employee at the time the contract was awarded or, whilerenewed it was implemented, managed or administeredamended by the State or political subdivision, as applicable, allowed the [former] public officer or employee to materially affect or influence the awarding , renewing or amending of the contract [.] because the public officer or itsemployee implementation,had managementthe authority or administration.responsibility to recommend, advise, negotiate, develop, draft, revise, review or approve any material terms of the contract, including, without limitation, terms relating to products, supplies, materials, equipment, services, quantities, rates, prices, costs, obligations, duties, standards, benchmarks, schedules, timeframes, administration, oversight, compliance, changes, extensions, suspensions, cancellations, terminations, liabilities, immunities, remedies or penalties.

A current or former public officer or employee may file a request for an advisory opinion pursuant to NRS 281A.675 - *AB66_R1* – 35 – 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.

If the Commission determines that relief from the - *AB66* – 28 – strict application of the provisions of subsection 3 or 5, as applicable, is not contrary to:

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 - *AB66_R1* – 36 – Government that is exempted from the requirements of chapter 233B of NRS.

- *AB66* – 29 – [1.] (a) A conflict exists between the public officer’s or employee’s personal interest and the public officer’s or employee’s official [duty.] duties.

At any time after a request for an advisory opinion is filed with the Commission, the Commission may request additional - *AB66_R1* – 37 – information relating to the request for an advisory opinion from the requester and his or her legal counsel.

or (b) Declare by oath or affirmation that he or she will testify truthfully regarding the matter [.] or confirm in writing, signed - *AB66* – 30 – under oath, that any information provided to the Commission for consideration of the request for an advisory opinion is truthful.

The Commission shall render the decision and issue the advisory opinion within 45 days after receiving the request, unless the requester waives this time limit [.] or the Chair grants an extension of time pursuant to section 8 of this act.

and (d) Any information, communications, records, documents or other materials in the possession of the requester of the advisory opinion that are related to the request and, if disclosed by the - *AB66_R1* – 38 – requester, would reveal the existence, nature or content of the request or the advisory opinion.

- *AB66* – 31 – 3.

(a) The requester files a request to hold a public meeting or hearing, the requester must acknowledge in the request that the - *AB66_R1* – 39 – requester is waiving the right to confidentiality set forth in NRS 281A.685;

- *AB66* – 32 – Sec.

The Executive Director may conduct a preliminary investigation to obtain additional evidence concerning the propriety of the conduct of a public officer or employee to determine ifwhether the Commission has jurisdiction in a matter and whether the Commission should initiate an ethics complaint on its own motion pursuant to paragraph (c) of subsection 1.

Based on the evidence submitted with an ethics complaint filed with the Commission pursuant to paragraph (a) or (b) of subsection 1 of NRS 281A.710 [,] and any additional evidence obtained by the Executive Director pursuant to - *AB66_R1* – 40 – subsection 2, the Commission shall determine whether it has jurisdiction in the matter and whether an investigation is warranted in the matter.

[, unless the public officer or employee who is the subject of the ethics complaint waives this time limit.] - *AB66* – 33 – 2.

If the Commission directs the Executive Director to investigate an ethics complaint pursuant to NRS 281A.715 , [or if the Commission initiates an ethics complaint on its own motion pursuant to NRS 281A.710,] the Executive Director shall investigate the facts and circumstances relating to the ethics complaint to determine whether the Executive Director believes that - *AB66_R1* – 41 – there is just and sufficient cause for the Commission to render a decision and issue an opinion in the matter in order to present a written recommendation to the review panel pursuant to NRS 281A.725.

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 - *AB66* – 34 – 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.

If a public officer or employee has waived the time limitationlimit set forth in subsection 1 of NRS 281A.725, the Executive Director may grant one or more extensions of time for a public officer or employee to submit a response pursuant to subsection 2 for good cause shown by the public officer or employee.

- *AB66_R1* – 42 – Sec.

[or after the Commission initiates the ethics complaint - *AB66* – 35 – on its own motion, as applicable.] The public officer or employee who is the subject of the ethics complaint may waive this time limit.

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 - *AB66_R1* – 43 – 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 or - *AB66* – 36 – other corrective action under the terms and conditions of a deferral agreement, the review panel may:

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 officer or employee who is the subject of the ethics complaint - *AB66_R1* – 44 – waives this time limit [.] or the Chair grants an extension of time pursuant to section 8 of this act.

- *AB66* – 37 – (a) [Notify] Provide the public officer or employee who is the subject of the ethics complaint with a written notice of the date, time and place of the hearing;

(a) The review panel determines whether there is just and sufficient cause for the Commission to render a decision and issue - *AB66_R1* – 45 – an opinion in the matter and serves the written notice of its determination on the public officer or employee who is the subject of the ethics complaint [;] pursuant to NRS 281A.730;

or (b) The public officer or employee who is the subject of the ethics complaint authorizes the Commission, in writing, to make the - *AB66* – 38 – information, communications, records, documents or other materials that are related to the ethics complaint publicly available,  whichever occurs first.

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 - *AB66_R1* – 46 – 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 - *AB66* – 39 – 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.

[Any] Unless otherwise declared confidential by law, any portion of the investigative file which the Executive Director presents as evidence for consideration by the Commission at the - *AB66_R1* – 47 – adjudicatory hearing or in rendering a decision and issuing an opinion in the matter becomes a public record and must be open for inspection pursuant to chapter 239 of NRS [.] after the Commission takes final action concerning the ethics complaint in a public meeting or hearing pursuant to subsection 2 of NRS 281A.760.

- *AB66* – 40 – 4.

- *AB66_R1* – 48 – Sec.

- *AB66* – 41 – [(a)] 1.

(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 - *AB66_R1* – 49 – before any ethics complaint is filed and any cooperation by the public officer or employee in resolving the ethics complaint;

and[and] (g) AnyIf otherthe matterviolation justiceor mayalleged require.violation arises under subsection 5 of NRS 281A.550 and involves the public officer or employee soliciting or accepting employment from a person to whom a contract for supplies, materials, equipment or services was awarded, renewed or amended by the State or political subdivision, as applicable, the amount of the contract involved in the violation or alleged violation compared to the amount of:

-(1) *AB66*The –total 42annual –budget 2.of the agency that awarded, renewed or amended the contract;

and (2) The total annual budget of the person to whom the contract was awarded, renewed or amended;

and (h) Any other matter justice may require.

2.

- *AB66_R1* – 50 – Sec.

- *AB66* – 43 – (3) Follow a remedial course of action.

A reprimand is a - *AB66_R1* – 51 – severe written reproof for the conduct of the public officer or employee.

- *AB66* – 44 – Sec.

In[In] Except as otherwise provided in NRS 281A.280, in addition to any other penalties provided by law, if any person prevents, interferes with or attempts to prevent or interfere with any investigation or proceedings pursuant to this chapter or the discovery of a violation of this chapter, the Commission may, upon its own motion or upon the motion of the current or former public officer or employee who is the subject of the investigation or proceedings:

If the Commission finds that a violation of a provision of this chapter by a [public officer or employee] current or former - *AB66_R1* – 52 – 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.

(a) One[One or more willful violations of this chapter have been committed by a State Legislator removable from office only through expulsion by the State Legislator’s own House pursuant to Section 6 of Article 4 of the Nevada Constitution, the Commission shall:

or - *AB66* – 45 – (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)(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.

(c)[(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[paragraphs (a) and (b),(b),] paragraph (a), 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 - *AB66_R1* – 53 – pursuant to NRS 283.440 based on any violation found in the opinion.

and (2) Based on a reasonable legal determination by the legal counsel under the circumstances when the advice was given that the act or failure to act by the public officer or employee would not be - *AB66* – 46 – contrary to the provisions of this chapter as interpreted by the Commission.

- *AB66_R1* – 54 – Sec.

Title 17 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 50 to 105, inclusive, of this act.

Sec.

50.

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

Sec.

51.

The Legislature hereby finds and declares that:

1.

The purposes of this chapter are to:

(a) Establish the highest standards of ethical behavior founded upon principles of dignity, decorum, civility and respect;

(b) Prohibit any conduct that creates the appearance of impropriety;

and (c) Prohibit any improper, inappropriate or dishonorable conduct that is unbecoming to the legislative process or is inconsistent with or undermines the people’s faith, trust and confidence in the integrity of the legislative process.

2.

This chapter must be construed:

(a) Liberally to carry out and achieve its purposes;

and (b) Strictly against any person alleging that his or her conduct is not subject to its provisions, so that any doubt or uncertainty as to the application of its provisions must be resolved against such a person and in favor of removing unethical behavior from the legislative process.

Sec.

52.

As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 53 to 71, inclusive, of this act have the meanings ascribed to them in those sections.

Sec.

53.

“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.

Sec.

54.

“Assembly Commission” means the Assembly Commission on Ethics created by section 88 of this act.

Sec.

55.

“Business entity” means an organization or enterprise operated for economic gain, including, without limitation, a proprietorship, partnership, firm, business, company, trust, joint venture, syndicate, corporation or association.

Sec.

56.

“Candidate” means any person:

1.

Who files a declaration of candidacy;

or 2.

Whose name appears on an official ballot at any election.

Sec.

57.

“Chair” means:

1.

The Chair of the Senate Commission, Assembly Commission or Joint Commission, as applicable;

or 2.

The Vice Chair or another member serving in the capacity of the Chair.

- *AB66_R1* – 55 – Sec.

58.

“Commitment in a private capacity” means a private commitment, interest or relationship of a legislative officer or employee to:

1.

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

2.

A member of the household of the legislative officer or employee;

3.

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

4.

The employer of the legislative officer or employee, the spouse or domestic partner of the legislative officer or employee or a member of the household of the legislative officer or employee;

5.

A person with whom the legislative officer or employee has a substantial and continuing business relationship;

or 6.

A person with whom the legislative officer or employee has any other private commitment, interest or relationship that is substantially similar to a private commitment, interest or relationship described in subsections 1 to 5, inclusive.

Sec.

59.

“Compensation” means any money, thing of value or economic benefit conferred on or received by any person in return for services rendered, personally or by another person.

Sec.

60.

“Domestic partner” means a person in a domestic partnership.

Sec.

61.

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

Sec.

62.

“Ethics complaint” means an ethics complaint which is filed with the Senate Commission, Assembly Commission or Joint Commission, as applicable, pursuant to this chapter regarding the propriety of the conduct of a legislative officer or employee under the legislative ethical standards.

Sec.

63.

“Household” means an association of persons who live in the same home or dwelling and who are related by blood, adoption, marriage or domestic partnership.

Sec.

64.

“Joint Commission” means the Joint Commission on Ethics created by section 92 of this act.

Sec.

65.

1.

“Legislative employee” means any current or former employee, assistant, attache, intern or other staff employed with reference to the legislative duties of a Legislator or the Legislative Department, regardless of whether they are paid or otherwise compensated to serve in their positions.

2.

The term includes, without limitation, any current or former employee, assistant, attache, intern or other staff of:

(a) The Legislature or either House;

- *AB66_R1* – 56 – (b) Any legislative committee;

(c) Any legislative office or caucus;

(d) Any division of the Legislative Counsel Bureau;

or (e) Any other agency, body, office, organization or unit of the Legislative Department.

Sec.

66.

“Legislative ethical standards” means:

1.

Any statutory ethical standards set forth in this chapter;

and 2.

Any other ethical standards recognized by the rules adopted by the Houses pursuant to Section 6 of Article 4 of the Nevada Constitution.

Sec.

67.

1.

“Legislative officer” means any current or former:

(a) Member of the Senate, Secretary of the Senate or officer of the Senate;

(b) Member of the Assembly, Chief Clerk of the Assembly or officer of the Assembly;

or (c) Officer of the Legislature, the Legislative Counsel Bureau or the Legislative Department.

2.

The term does not include the Lieutenant Governor when acting in his or her official capacity as the President of the Senate.

Sec.

68.

1.

“Opinion” means an opinion issued by the Senate Commission, Assembly Commission or Joint Commission, as applicable, in accordance with the provisions of this chapter.

2.

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

Sec.

69.

“Pecuniary interest” means any beneficial or detrimental interest in a matter that consists of or is measured in money or is otherwise related to money, including, without limitation:

1.

Anything of economic value;

and 2.

Payments or other money which a person is owed or otherwise entitled to by virtue of any statute, regulation, code, ordinance or contract or other agreement.

Sec.

70.

“Senate Commission” means the Senate Commission on Ethics created by section 84 of this act.

Sec.

71.

“State agency of the Executive Department” means any agency, bureau, board, commission, department, division, office or other unit of the Executive Department.

Sec.

72.

1.