Assembly Bill No. 227–Committee on Elections,
Procedures, and Ethics

 

CHAPTER..........

 

AN ACT relating to elections; revising the definition of a committee for political action; providing a civil penalty for failure to register as a committee for political action; 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 294A.0055 is hereby amended to read as follows:

   294A.0055  1.  “Committee for political action” means [an

 organization which receives contributions, makes contributions to

 candidates or other persons or makes expenditures] any group of natural

 persons or entities that solicits or receives contributions from any other

 person, group or entity and:

   (a) Makes or intends to make contributions to candidates or other

 persons; or

   (b) Makes or intends to make expenditures,

designed to affect the outcome of any primary, general or special election

 or question on the ballot. [The term]

   2.  “Committee for political action” does not include [a] :

   (a) An organization made up of legislative members of a political

 party whose primary purpose is to provide support for their political

 efforts.

   (b) An entity solely because it provides goods or services to a

 candidate or committee in the regular course of its business at the same

 price that would be provided to the general public.

   (c) An individual natural person.

   (d) An individual corporation or other business entity who has filed

 articles of incorporation or other documentation of organization with

 the secretary of state pursuant to Title 7 of NRS.

   (e) A labor union.

   (f) A personal campaign committee or the personal representative of a

 candidate who receives contributions or makes expenditures that are

 reported as campaign contributions or expenditures by the candidate.

   (g) A committee for the recall of a public officer.

   Sec. 2. NRS 294A.380 is hereby amended to read as follows:

   294A.380  1. The secretary of state may adopt and promulgate

 regulations, prescribe forms in accordance with the provisions of this

 chapter and take such other actions as are necessary for the

 implementation and effective administration of the provisions of this

 chapter.

   2.  For the purposes of implementing and administering the

 provisions of this chapter regulating committees for political action:

   (a) The secretary of state shall, in determining whether an entity or

 group is a committee for political action, consider a group’s or entity’s

 division or separation into units, sections or smaller groups only if it

 appears that such division or separation was for a purpose other than

 for avoiding the reporting requirements of this chapter.

   (b) The secretary of state shall, in determining whether an entity or

 group is a committee for political action, disregard any action taken by a

group or entity that would otherwise constitute a committee for political

action if it appears such action is taken for the purpose of avoiding the

 reporting requirements of this chapter.

   Sec. 3. NRS 294A.420 is hereby amended to read as follows:

   294A.420  1.  If the secretary of state receives information that a

 person or entity that is subject to the provisions of NRS 294A.120,

 294A.140, 294A.150, 294A.180, 294A.200, 294A.210, 294A.220,

 294A.230, 294A.270, 294A.280 or 294A.360 has not filed a report or

 form for registration pursuant to the applicable provisions of those

 sections, the secretary of state may, after giving notice to that person or

 entity, cause the appropriate proceedings to be instituted in the first

 judicial district court.

   2.  Except as otherwise provided in this section, a person or entity that

 violates an applicable provision of NRS 294A.112, 294A.120, 294A.130,

 294A.140, 294A.150, 294A.160, 294A.170, 294A.180, 294A.200,

 294A.210, 294A.220, 294A.230, 294A.270, 294A.280, 294A.300,

 294A.310, 294A.320 or 294A.360 is subject to a civil penalty of not more

 than $5,000 for each violation and payment of court costs and attorney’s

 fees. The civil penalty must be recovered in a civil action brought in the

 name of the State of Nevada by the secretary of state in the first judicial

 district court and deposited with the state treasurer for credit to the state

 general fund.

   3.  If a civil penalty is imposed because a person or entity has reported

 its contributions, expenses or expenditures after the date the report is due,

 the amount of the civil penalty is:

   (a) If the report is not more than 7 days late, $25 for each day the report

 is late.

   (b) If the report is more than 7 days late but not more than 15 days late,

 $50 for each day the report is late.

   (c) If the report is more than 15 days late, $100 for each day the report

 is late.

   4.  For good cause shown, the secretary of state may waive a civil

 penalty that would otherwise be imposed pursuant to this section. If the

 secretary of state waives a civil penalty pursuant to this subsection, the

 secretary of state shall:

   (a) Create a record which sets forth that the civil penalty has been

 waived and describes the circumstances that constitute the good cause

 shown; and

   (b) Ensure that the record created pursuant to paragraph (a) is available

 for review by the general public.

 

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