(REPRINTED WITH ADOPTED AMENDMENTS)

 

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

 

February 23, 2001

____________

 

Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Revises definition of committee for political action. (BDR 24‑917)

 

FISCAL NOTE:  Effect on Local Government: No.

                             Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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:

 

1-1    Section 1. NRS 294A.0055 is hereby amended to read as follows:

1-2    294A.0055  1.  “Committee for political action” means [an

1-3  organization which receives contributions, makes contributions to

1-4  candidates or other persons or makes expenditures] any group of natural

1-5  persons or entities that solicits or receives contributions from any other

1-6  person, group or entity and:

1-7    (a) Makes or intends to make contributions to candidates or other

1-8  persons; or

1-9    (b) Makes or intends to make expenditures,

1-10  designed to affect the outcome of any primary, general or special election

1-11  or question on the ballot. [The term]

1-12    2.  “Committee for political action” does not include [a] :

1-13    (a) An organization made up of legislative members of a political

1-14  party whose primary purpose is to provide support for their political

1-15  efforts.

1-16    (b) An entity solely because it provides goods or services to a

1-17  candidate or committee in the regular course of its business at the same

1-18  price that would be provided to the general public.

1-19    (c) An individual natural person.

1-20    (d) An individual corporation or other business entity who has filed

1-21  articles of incorporation or other documentation of organization with the

1-22  secretary of state pursuant to Title 7 of NRS.

2-1    (e) A labor union.

2-2    (f) A personal campaign committee or the personal representative of a

2-3  candidate who receives contributions or makes expenditures that are

2-4  reported as campaign contributions or expenditures by the candidate.

2-5    (g) A committee for the recall of a public officer.

2-6    Sec. 2. NRS 294A.380 is hereby amended to read as follows:

2-7    294A.380  1. The secretary of state may adopt and promulgate

2-8  regulations, prescribe forms in accordance with the provisions of this

2-9  chapter and take such other actions as are necessary for the implementation

2-10  and effective administration of the provisions of this chapter.

2-11  2.  For the purposes of implementing and administering the

2-12  provisions of this chapter regulating committees for political action:

2-13  (a) The secretary of state shall, in determining whether an entity or

2-14  group is a committee for political action, consider a group’s or entity’s

2-15  division or separation into units, sections or smaller groups only if it

2-16  appears that such division or separation was for a purpose other than for

2-17  avoiding the reporting requirements of this chapter.

2-18  (b) The secretary of state shall, in determining whether an entity or

2-19  group is a committee for political action, disregard any action taken by a

2-20  group or entity that would otherwise constitute a committee for political

2-21  action if it appears such action is taken for the purpose of avoiding the

2-22  reporting requirements of this chapter.

2-23    Sec. 3. NRS 294A.420 is hereby amended to read as follows:

2-24    294A.420  1.  If the secretary of state receives information that a

2-25  person or entity that is subject to the provisions of NRS 294A.120,

2-26  294A.140, 294A.150, 294A.180, 294A.200, 294A.210, 294A.220,

2-27  294A.230, 294A.270, 294A.280 or 294A.360 has not filed a report or form

2-28  for registration pursuant to the applicable provisions of those sections, the

2-29  secretary of state may, after giving notice to that person or entity, cause the

2-30  appropriate proceedings to be instituted in the first judicial district court.

2-31    2.  Except as otherwise provided in this section, a person or entity that

2-32  violates an applicable provision of NRS 294A.112, 294A.120, 294A.130,

2-33  294A.140, 294A.150, 294A.160, 294A.170, 294A.180, 294A.200,

2-34  294A.210, 294A.220, 294A.230, 294A.270, 294A.280, 294A.300,

2-35  294A.310, 294A.320 or 294A.360 is subject to a civil penalty of not more

2-36  than $5,000 for each violation and payment of court costs and attorney’s

2-37  fees. The civil penalty must be recovered in a civil action brought in the

2-38  name of the State of Nevada by the secretary of state in the first judicial

2-39  district court and deposited with the state treasurer for credit to the state

2-40  general fund.

2-41    3.  If a civil penalty is imposed because a person or entity has reported

2-42  its contributions, expenses or expenditures after the date the report is due,

2-43  the amount of the civil penalty is:

2-44    (a) If the report is not more than 7 days late, $25 for each day the report

2-45  is late.

2-46    (b) If the report is more than 7 days late but not more than 15 days late,

2-47  $50 for each day the report is late.

2-48    (c) If the report is more than 15 days late, $100 for each day the report

2-49  is late.

3-1    4.  For good cause shown, the secretary of state may waive a civil

3-2  penalty that would otherwise be imposed pursuant to this section. If the

3-3  secretary of state waives a civil penalty pursuant to this subsection, the

3-4  secretary of state shall:

3-5    (a) Create a record which sets forth that the civil penalty has been

3-6  waived and describes the circumstances that constitute the good cause

3-7  shown; and

3-8    (b) Ensure that the record created pursuant to paragraph (a) is available

3-9  for review by the general public.

 

3-10  H