(REPRINTED WITH ADOPTED AMENDMENTS) " FIRST REPRINT A.B. 404" Assembly Bill No. 404--Committee on Government Affai rs March 27, 1995 _____________ Referred to Committee on Government Affairs SUMMARY--Makes various changes regarding financial disclosure by public officers. (BDR 23-664) FISCAL NOTE: Effect on Local Government: No. Effect on the State or on Industrial Insurance: No. EXPLANATION--Matter in italics is new; matter in bra ckets [ ] is material to be omitted. AN ACT relating to public officers; authorizing a specialized or local ethics committee to require the filing of a statement of financial disclosure; revising the required contents of and the date on which annual statements of financial disclosure must be filed; and providing other matters properly relating thereto. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 281.541 is hereby amended to read as follows: 281.541 1. Any department, board, commission or other agency of the state or the governing body of a county or an incorporated city may establish a specialized or local ethics committee to complement the functions of the commission. Such a committee may: (a) Establish a code of ethical standards suitable for the particular ethical problems encountered in its sphere of activity. The standards may not be less restrictive than the statutory ethical standards. (b) Render an opinion upon the request of any public officer or employee of its own organization or level seeking an interpretation of its ethical standards on questions directly related to the propriety of his own future official conduct or refer the request to the commission. Any public officer or employee under such a committee shall direct his inquiry to that committee instead of the commission. \(c) Require the filing of statements of financial disclosure by public officers on forms prescribed by the committee or the city clerk if the form has been: (1) Submitted, at least 60 days before its anticipated distribution, to the commission for review; and (2) Upon review, approved by the commission.\\ 2. Such a committee shall not attempt to interpret or render an opinion regarding the statutory ethical standards. 3. Each request submitted to a local ethics committee, each opinion rendered by a committee and any motion relating to the opinion is confidential unless: (a) The public officer or employee acts in contravention of the opinion; or (b) The requester discloses the content of the opinion. Sec. 2. NRS 281.561 is hereby amended to read as follows: 281.561 Every candidate for public or judicial office and every public or judicial officer shall file with the commission, and with the officer with whom declarations of candidacy for his respective office are filed, a statement of financial disclosure, as follows: 1. A candidate for nomination, election or reelection shall file a statement of financial disclosure no later than the 10th day after the last day to qualify as a candidate for the office. 2. A public or judicial officer appointed to fill the unexpired term of an elected public or judicial officer shall file a statement of financial disclosure within 30 days after his appointment. 3. Every public or judicial officer, whether appointed or elected, shall file a statement of financial disclosure \on or before March 31 of\\ each year of the term, including the year the term expires \.\\ [, on or before the anniversary of his appointment or election to that office.] 4. A public or judicial officer who leaves office on a date other than the expiration of his term or anniversary of his appointment or election, shall file a statement of financial disclosure within 60 days after leaving office. A statement filed pursuant to one of the subsections of this section may be used to satisfy the requirements of another subsection if the initial statement was filed within 3 months before the other statement is required to be filed. The public or judicial officer shall notify the commission in writing of his intention to use the previously filed statement to fulfill the present requirement. \A person may satisfy the requirements of this section by filing with the commission a copy of a statement of financial disclosure which was filed pursuant to the requirements of a specialized or local ethics committee if the form of the statement has been approved by the commission.\\ Sec. 3. NRS 281.571 is hereby amended to read as follows: 281.571 1. Statements of financial disclosure [must be made] \, as approved pursuant to NRS 281.541 or \\in such form as the commission \otherwise\\ prescribes \,\\ [and] must contain the following information concerning the candidate or public or judicial officer: (a) His length of residence in the State of Nevada and the district in which he is registered to vote. (b) Each source of his income, or that of any member of his household. No listing of individual clients, customers or patients is required, but if that is the case, a general source such as "professional services" must be disclosed. (c) A list of the specific location and particular use of any real estate, other than a personal residence: (1) In which he or a member of his household has a legal or beneficial interest; (2) Whose fair market value is $2,500 or more; and (3) Which is located in this state or any adjacent state. (d) The name of each creditor to whom he or a member of his household owes $5,000 or more, except for: (1) A debt secured by a mortgage or deed of trust of real property which is not required to be listed under paragraph (c); and (2) A debt for which a security interest in a motor vehicle for personal use was retained by the seller. (e) A list of all gifts of $200 or more which the public or judicial officer or candidate received during the preceding taxable year, except: (1) A gift received from a person who is related to the public or judicial officer or candidate within the third degree of consanguinity or affinity. (2) Ceremonial gifts received for a birthday, wedding, anniversary, holiday or other ceremonial occasion if the donor does not have a substantial interest in the legislative, administrative, judicial or political action of the public or judicial officer or candidate. (f) A list of each business entity with which he or a member of his household is involved as a trustee, beneficiary of a trust, director, officer, owner in whole or in part, limited or general partner, or holder of any class of stock or security representing 1 percent or more of the total outstanding stock or securities issued by the business entity. \(g) A list of all public offices presently held by him for which this statement of financial disclosure is required.\\ 2. The commission shall distribute or cause to be distributed any forms required for such a statement to each candidate and public or judicial officer who is required to file one. \The commission is not responsible for the costs of producing or distributing a form for filing statements of financial disclosure which is prescribed pursuant to subsection 1 of NRS 281.541.\\ 3. As used in this section: (a) "Business entity" means any organization or enterprise operated for economic gain, including a proprietorship, partnership, firm, business, trust, joint venture, syndicate, corporation or association. (b) "Household" includes a person who does not live in the same home or dwelling, but who is dependent on and receiving substantial support from the public or judicial officer. -30-