2001 REGULAR SESSION (71st)                                                                            A AB483 596

Amendment No. 596

 

 

 

     Amend section 1, page 1, by deleting line 3 and inserting:

     “1.  Each report of”.

     Amend section 1, page 2, line 5, after “candidate” by inserting:

“and of disposals made by the candidate pursuant to NRS 294A.160”.

     Amend section 1, page 2, line 11, after “candidate” by inserting:

“and of disposals made by the candidate pursuant to NRS 294A.160”.

     Amend section 1, page 2, line 37, after “INCURRED” by inserting:

“AND EACH AMOUNT DISPOSED OF PURSUANT TO NRS 294A.160”.

     Amend section 1, page 3, line 7, by deleting “received” and inserting:

“received, each amount in excess of $100 that is disposed of pursuant to NRS 294A.160 as the amount is disposed of”.

     Amend sec. 6, page 11, line 22, after “incurs” by inserting:

“and each amount in excess of $100 that he disposes of pursuant to NRS 294A.160”.

     Amend sec. 6, page 11, by deleting lines 25 through 27 and inserting:

“apply to the candidate:

(a) Beginning the year of the general election for that office through the year immediately preceding the next general election for that office; and

(b) Each year immediately succeeding a calendar year during which the candidate disposes of contributions pursuant to NRS 294A.160.”.

     Amend sec. 11, page 20, by deleting lines 27 through 29 and inserting:

“subsection apply to the candidate:

(a) Beginning the year of the general city election for that office through the year immediately preceding the next general city election for that office; and

(b) Each year immediately succeeding a calendar year during which the candidate disposes of contributions pursuant to NRS 294A.160.”.

     Amend the bill as a whole by adding new sections designated sections 13 through 15 and the text of the repealed section, following sec. 12, to read as follows:

     “Sec. 13. NRS 294A.390 is hereby amended to read as follows:

     294A.390  The officer from whom a candidate or entity requests a form for:

     1.  A declaration of candidacy;

     2.  An acceptance of candidacy;

     3.  The registration of a committee for political action pursuant to NRS 294A.230 or a committee for the recall of a public officer pursuant to NRS 294A.250; or

     4.  The reporting of campaign contributions, expenses or expenditures pursuant to NRS 294A.120, 294A.140, 294A.150, [294A.180,] 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360,

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shall furnish the candidate with the necessary forms for reporting and copies of the regulations adopted by the secretary of state pursuant to this chapter. An explanation of the applicable provisions of NRS 294A.100, 294A.120, 294A.140, 294A.150, [294A.180,] 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360 relating to the making, accepting or reporting of campaign contributions, expenses or expenditures and the penalties for a violation of those provisions as set forth in NRS 294A.100 or 294A.420 must be printed on the forms. The candidate or entity shall acknowledge receipt of the material.

     Sec. 14. 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.270, 294A.280 or 294A.360 has not filed a report 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.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.

     Sec. 15. NRS 294A.180 is hereby repealed.

 

TEXT OF REPEALED SECTION

 

     294A.180  Candidate or elected public officer to file report relating to disposition of unspent contributions; procedure for reporting.

     294A.180  1.  Each candidate for a state, district, county, city or township office who is not elected to that office shall, not later than the 15th day of the second month after his defeat, file a report with the secretary of state stating the amount of contributions which he received for that campaign but did not spend and the disposition of those unspent contributions.

     2.  Each public officer who is elected to a state, district, county, city or township office shall file a report:

     (a) Not later than the 15th day of the second month after his election, stating the amount of campaign contributions which he received but did not spend and the amount, if any, of those unspent contributions disposed of pursuant to subsection 2 of NRS 294A.160 as of the last day of the first month after his election;

     (b) Not later than January 15th of each year of his term beginning the year after he filed the report required by paragraph (a), stating the amount, if any, of those unspent contributions disposed of pursuant to NRS 294A.160 during the period from the last date covered by his last report through December 31 of the immediately preceding year and the manner in which they were disposed of; and

     (c) Not later than the 15th day of the second month after he no longer holds that office, stating the amount and disposition of any remaining unspent contributions.

     3.  The reports required by subsections 1 and 2 must be submitted on a form designed and provided by the secretary of state and signed by the candidate or public officer under penalty of perjury.

     4.  A public officer filing a report pursuant to subsection 2:

     (a) Shall file the report with the officer with whom he filed his declaration of candidacy or acceptance of candidacy.

     (b) May file the report by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

     5.  A county clerk who receives from a legislative or judicial officer, other than a justice of the peace or municipal judge, a report pursuant to subsection 4 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.”.