2001 REGULAR SESSION (71st)                                                                            A AB227 318

Amendment No. 318

 

Assembly Amendment to Assembly Bill No. 227                                                                (BDR 24‑917)

Proposed by: Committee on Elections, Procedures, and Ethics

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:              Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend section 1, page 1, by deleting lines 2 through 12 and inserting:

     “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,

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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 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.

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

     Amend the bill as a whole by adding new sections designated sections 2 and 3, following section 1, to read as follows:

     “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, the secretary of state shall, in determining whether an entity or group is a committee for political action:

     (a) Disregard a group’s or entity’s division or separation into units, sections or smaller groups if it appears such division or separation is for the purpose of avoiding the reporting requirements of this chapter.

     (b) Disregard any other 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.”.

     Amend the title of the bill, first line, after “action;” by inserting:

“providing a civil penalty for failure to register as a committee for political action;”.