NCPE at NV Legislature AB 312, dealing with campaign disclosure
April 3, 2007
TO: Assemblywoman and Chair Ellen Koivisto, and Committee Members, Assembly Committee on Elections, Procedures, Ethics and Constitutional Amendments
FROM: Dr. Craig Walton, President, and Members, Nevada Center for Public Ethics
Subject: Testimony in support of AB 312, with suggested amendments
Dear Chairwoman Koivisto and Members:
Here is the testimony we plan to present Tuesday, April 3rd, at the hearing for AB 312 – unless previous testimony requires changes.
My name is Craig Walton and I speak on behalf of the Nevada Center for Public Ethics. We have sought campaign disclosure improvements for some time, and welcome AB 312 as helpful step in the right direction.
I. Gifts: Section 1 provides the first definition of “gifts” within NRS 281, and is long overdue. Most importantly for public officials, it creates an exception from “gift” reporting when the official attends an “event related to public office”, such as a workshop or seminar (examples given in the Bill, at pg. 2, line 23, and fully defined at p. 10, lines 31 – to p. 11, line 7). This is the first time the proper, responsible duties of a legislator can be carried out without seeming to be “partying”. We need this portion.
II. ‘Actual’: Section 6, page 6, line 9, inserting the word ‘actual’ may not be needed, since frivolous or baseless ethics complaints are already screened by the new, 2-commissioner panel process. Unfortunately, this insertion might just
suggest a “can of worms” no one wants to open (‘how define ‘actual’?”). Better to delete this addition.
III. Hypotheticals: Section 6, pg. 6, lines 16-20 is about NCOE advisory opinions and also about its teaching responsibilities: It inserts permission for the NCOE to include hypothetical examples in an opinion. In 2005 a Nevada Senator objected to the NCOE’s use of hypothetical examples. However, I know from over 40 years of teaching ethics in the United States, the United Kingdom and Germany, that hypothetical cases enrich the teaching of moral reasoning skills. Also, hypotheticals are required by statute, for inclusion in the Ethics Manual (at NRS 281.471.6 (a) ).
AB 312, Suggested Amendments from Nevada Center for Public Ethics:
IV. More timely Reporting Deadlines, and early voting:
We ask that some amendments be inserted in AB 312, on the topic of campaign disclosure reporting. Many of you know of these ideas, since we have circulated them for months. There are 2 – about the timing of reporting, and about the details required in reporting.
For non-election years, we suggest that NRS 281.561.1 (b), be amended so that campaign financial disclosure statements would be filed quarterly, instead of the current once-per-year filing. Those officers listed in NRS 294A.300, who may not accept contributions during and in the immediate periods before and after a legislative session, should report contributions and expenditures made up to 30 days prior to the legislative session, and again beginning the third calendar quarter of that year.
For election years, we suggest that the financial disclosure statements be filed monthly in election years, with due dates so that reports would be due at least two weeks prior to the start of early voting for primary and general election dates (instead of the current rule for 7 days prior to a primary or general election + a final report not due until the following January 15 and showing totals for the entire campaign year.
We also suggest that NRS 281.559-581, “Financial Disclosure Statement”,
be amended at 281.561. 1.(a) in order to allow for early voting AND knowing
who gave what monies to whom. We suggest that you ADD “ and no later than
7 days prior to the start of early voting in a primary or general election; and....”
The reason for this is that we are now forced to choose between early voting
without knowing who gave what monies to whom, or, give up on early voting in
order to get that disclosure information. In late March, 3 candidates in a Las
Vegas city election offered to disclose before early voting, except that none did it
because each saw a disadvantage in disclosing when one’s opponents did not
have to do so.
We also suggest that NRS 281.561.1 (b), be amended so that campaign
financial disclosure statements would be filed quarterly for non-election years,
instead of the current once-per-year filing. Those officers listed in NRS
294A.300, who may not accept contributions during and in the immediate periods
before and after a legislative session, must report contributions and expenditures
made up to 30 days prior to the legislative session, and again beginning the third
calendar quarter of that year.
Also at 281.561.1 (b), we suggest that the financial disclosure statements
be filed monthly in election years, with due dates so that reports would be due at
least two weeks prior to the start of early voting for primary and general election
dates (instead of the current rule for 7 days prior to a primary or general election
+ a final report Jan. 15th of the year after the campaign).
AB 312, Suggested Amendments from Nevada Center for Public Ethics:
V. Details of financial disclosure forms:
Finally, we also suggest that greater detail be required at 281.571.1 (f),
which currently requires listing a person’s involvement with business entitities
such as trustee, director, officer, etc. Each of the following details is used
nationally and all states’ coverage of these financial relationships is followed
routinely by the Center for Public Integrity. In October of 2006, Nevada rated an
“F”compared to other states, for lack of these kinds of information. The detail we
ask Nevada to include is:
for businesses where one is employed: one’s job title with the entity if applicable, a description of what that employer does in that business, and the value range or income amount received;
for officers or directors of business or non-profit entities involving compensation, specific information as to one’s duty or role as officer or director, the same for one’s spouse if applicable;
for investment entities, a description of the entity’s activity, and the value of the investment’
For clients of self or spouse, information on the value or range of value of the services provided;
For all organizational leadership positions outside of one’s public office, those positions should be listed; and, finally,
for all entries, the State of Nevada should be given auditing authority over these forms, should routinely review these forms for accuracy, and should publish a list of delinquent filers.
AB 312, dealing with campaign disclosure, seems the ideal bill into which to include these needed improvements in the financial disclosure provisions of NRS 281. We request that they be added in to the bill draft.
* * *
Thank you for your consideration.
Respectfully,
Craig Walton for NCPE
Go to other 2007 testimonies
AB 80, to require Limited Liability Corporations (LLC’s) to report contributions. As to the relationship to NCPE's 11 proposals, AB 80, is close to NCPE's proposal on p. 1 of our doc.
AB 109, - allows leftover campaign monies to go to a public-purpose Trust Fund.
AB 143, - changes the NV. Commission on Ethics deadline for completing an inquiry from 45 days to 1 year, and also allows the complainee to be told what is happening to his or her complaint.
SJR 1 - removes the requirement that affidavits be provided with ballot initiative petitions.
SB 79 - brings our statutes into line with a court ruling that the affidavit requirement for ballot petitions is a violation of the First Amendment.
SB 144, to require Limited Liability Corporations (LLC's) to report contributions.
AB 142 - to require ethics instruction and lobbyists to the Executive Dept. to register and report expenditures.
SB 425 - to new detail on political contributions, and to include legal defense funds in that category.
AB 312, dealing with campaign disclosure
AB 605 requires ethics training for new public officers and also for lobbyists, forbids the use of one’s office staff or equipment for campaign purposes, and doubles the three levels of penalties for violating ethics laws.
SB 495 provides a one-year cooling offperiod for persons leaving the Public Utilities Commission, the Gaming Control Board, or “former public officers or employees”. Original Testimony Revised Comments
SB 494 - dealing with primary, general, and municipal elections, SB 494 changes the filing deadline for campaign contribution reports.
