03/13/2008

Tax Backed Lobbying Ban

Initiative Petition State of Nevada Tax Backed Lobbying Ban

THE PEOPLE OF THE STATE OF NEVADA DO ENACT AS FOLLOWS:

To be added to Article 2 of the Nevada Constitution

1. No public body, public officer, person in the employ of the state or any of its political subdivisions or candidate for public office may , directly or indirectly direct, permit, receive, require, or facilitate the use of tax revenues of any other public resources for political campaigns, lobbying, or partisan purposes, including payment of dues or membership fees of any kind to any person, league, or association which, directly or indirectly, engages in lobbying , campaigns, or partisan activity.

2. The provisions of this Section do not limit public officials in the performance of their constitutional duties, and do not apply to:

(a) Communications among and between a member and a staff member of a legislative body;

(b) Communications between an elected or appointed public officer and a legislator or a legislative staff member;

(c) Comments by an elected official or communications from an elected official that are designated for constituents;

(d) Appearances by any public officer or employee pursuant to a specific request to appear before a public body to provide information;

(e) A public employee acting in an uncompensated personal capacity, undirected in any manner by, and who does not purport to represent the interests of, a public employer;

(f) Access to public property for the purpose of engaging in core political speech, such as circulating petitions or pamphlets, of engaging in religious expression by a person acting in a personal capacity, undirected in any manner by, and who does not purport to represent the interests of, a public employer; and

(g) An authorized officer or employee of the office of

i) the Supreme Court or any lower court of the state or any of its political subdivisions,

ii) the Governor, or

iii) any elected officer of the state executive branch of government whose responsibilities are to assess the impact of proposals which affect the administration of government.

3. The following are definitions of terms used in this Section:

(a) “Direct, permit, receive, require, or facilitate the use of tax revenues or any other public resources for campaign, lobbying, or partisan purposes,” includes

(i) the use of public funds, facilities, rights of access, equipment, supplies, or trademarks to influence any election;

(ii) undertaking, promoting, or distributing studies, surveys, analyses, descriptions, or other communications using public resources in a manner specifically calculated to induce support of, or opposition to, proposed legislation or ballot questions; and

(iii) incurring any public administrative expenses or activities to allocate or designate portions of public employee income to entities that engage in campaign, lobbying, or partisan activities, other than charitable organizations qualified as exempt from federal income tax under section 501(C)3 of the Internal Revenue Code, or the corresponding section of any future federal tax code.

(b) “Tax revenues or any other public resources” includes all state and local government revenues and resources, but does not include any revenues paid or resources provided by the United States government.

(c) “Campaign,” includes

(i) communications or expenditures related to the pursuit of a public office, either electoral or appointive;

(ii) all lobbying; or

(iii) efforts paid in whole or in part by public revenues or resources to coordinate or induce members of the general public or any segment thereof to directly influence legislative activity by communicating with members of a legislative body, supporting or opposing legislation, or supporting or opposing a petition drive or ballot question.

(d) “Lobbying,” means attempts to directly influence legislative activity by communication with any member or employee of a legislative body, or with any government official or employee who may participate in the formulation of legislation.

(e) “Person,” includes any individual, business entity, organization, committee, political party, campaign fund, and association.

(f) “Public officer, person in the employ of the state or any of its political subdivisions,” includes any person who is elected, appointed, or employed by this state or any political subdivision of this state, including persons who are independent contractors or consultants hired by the state or a political subdivision of this state.

4. This Section will apply only to those agreements, contracts, understandings or practices that take force or are extended or renewed after this Section takes effect, namely January 1, 2011.

5. A violation of this Section is a misdemeanor. Further, any person who knowingly spends or receives funds in violation of this Section shall pay full restitution for the greater of the public cost or for the market value of any misappropriated resources. The second or subsequent violation by a public officer or employee shall render that person ineligible to hold public office or employment with the state or any of its political subdivisions for ten years.

6. The provisions of this Section are independent and severable, and if any provision of this Section, or the applicability of any provisions to any person or circumstance, shall be found to be invalid, the remainder of this Section shall not be affected and shall be given effect to the fullest extent practicable.

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