2001 REGULAR SESSION (71st)                                                                 CA AB483 R4 CA33

Amendment No. CA33

 

First Conference Committee Amendment to Assembly Bill No. 483  Fourth Reprint            (BDR 24‑557)

Proposed by: First Conference Committee

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 the bill as a whole by deleting sections 1 and 2 and renumbering sections 3 through 8 as sections 1 through 6.

     Amend sec. 3, page 3, by deleting lines 13 through 19 and inserting:

     “Section 1. Chapter 294A of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  In addition to filing the forms designed and provided by the secretary of state pursuant to NRS 294A.120, 294A.125 and 294A.200, or the forms designed and provided by a city clerk pursuant to NRS 294A.360, as appropriate, each candidate who is required to file a report of campaign contributions and expenses pursuant to NRS 294A.120, 294A.125, 294A.200 or 294A.360 shall file a separate form relating only to goods and services provided in kind for which money would otherwise have been paid. The candidate shall list on the form each such campaign contribution he receives and each expense in excess of $100 he incurs during the reporting period.”.

     Amend sec. 3, page 3, by deleting line 24 and inserting:

required to use the form to file a report pursuant to NRS 294A.360. The city clerk shall submit the form to the secretary of state for approval. The city clerk shall not use such a form until it is approved. The”.

     Amend sec. 3, page 3, by deleting line 29 and inserting:

     “3.  The secretary of state and each city clerk shall not require a candidate to list the campaign contributions and expenses described in this section on any form other than a form designed and provided pursuant to this section.

     4.  Upon request, the secretary of state shall provide a copy of the”.

     Amend sec. 4, pages 3 through 5, by deleting lines 36 through 49 on page 3, lines 1 through 48 on page 4 and lines 1 through 33 on page 5, and inserting:

     “Sec. 2.  NRS 294A.120 is hereby amended to read as follows:

     294A.120  1.  Every candidate for state, district, county or township office at a primary or general election shall, not later than:

     (a) Seven days before the primary election, for the period from 30 days before the regular session of the legislature after the last election for that office up to 12 days before the primary election;

     (b) Seven days before the general election, whether or not the candidate won the primary election, for the period from 12 days before the primary election up to 12 days before the general election; and

     (c) The 15th day of the second month after the general election, for the remaining period up to 30 days before the next regular session of the legislature,

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list each of the campaign contributions that he receives during the period on forms designed and provided by the secretary of state [and] pursuant to this section and section 1 of this act. Each form must be signed by the candidate under penalty of perjury.

     2.  Except as otherwise provided in subsection 3, every candidate for a district office at a special election shall, not later than:

     (a) Seven days before the special election, for the period from his nomination up to 12 days before the special election; and

     (b) Thirty days after the special election, for the remaining period up to the special election,

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list each of the campaign contributions that he receives during the period on forms designed and provided by the secretary of state [and] pursuant to this section and section 1 of this act. Each form must be signed by the candidate under penalty of perjury.

     3.  Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall list each of the campaign contributions that he receives on forms designed and provided by the secretary of state pursuant to this section and section 1 of this act, and signed by the candidate under penalty of perjury, 30 days after:

     (a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall up to the special election; or

     (b) A district court determines that the petition for recall is legally insufficient pursuant to subsection 5 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall up to the date of the district court’s decision.

     4.  Reports of campaign contributions must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

     5.  Every county clerk who receives from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign contributions pursuant to subsection 4 shall file a copy of each report with the secretary of state within 10 working days after he receives the report.

     6.  The name and address of the contributor and the date on which the contribution was received must be included on the list for each contribution in excess of $100 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the first reporting period.

     7.  The form designed and provided by the secretary of state for the reporting of contributions pursuant to this section must be designed to be used by a candidate to record in the form of a list each campaign contribution as he receives it.”.

     Amend sec. 5, pages 5 and 6, by deleting lines 34 through 49 on page 5 and lines 1 through 26 on page 6, and inserting:

     “Sec. 3. NRS 294A.125 is hereby amended to read as follows:

     294A.125  1.  In addition to complying with the requirements set forth in NRS 294A.120, 294A.200 and 294A.360, a candidate who receives contributions in any year before the year in which the general election or general city election in which the candidate intends to seek election to public office is held, shall, for:

     (a) The year in which he receives contributions in excess of $10,000, list each of the contributions that he receives and the expenditures in excess of $100 made in that year.

     (b) Each year after the year in which he received contributions in excess of $10,000, until the year of the general election or general city election in which the candidate intends to seek election to public office is held, list each of the contributions that he received and the expenditures in excess of $100 made in that year.

     2.  The reports required by subsection 1 must be submitted on [a form] forms designed and provided by the secretary of state [and] pursuant to this section and section 1 of this act. Each form must be signed by the candidate under penalty of perjury.

     3.  The name and address of the contributor and the date on which the contribution was received must be included on the list for each contribution in excess of $100 and contributions that a contributor has made cumulatively in excess of that amount.

     4.  The forms designed and provided by the secretary of state for the reporting of contributions and expenditures pursuant to this section must be designed to be used by a candidate to record in the form of a list each campaign contribution as he receives it and each expenditure as it is made.

     [4.] 5. The report must be filed:

     (a) With the officer with whom the candidate will file the declaration of candidacy or acceptance of candidacy for the public office the candidate intends to seek. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

     (b) On or before January 15 of the year immediately after the year for which the report is made.

     [5.] 6. A county clerk who receives from a candidate for legislative or judicial office, except the office of justice of the peace or municipal judge, a report of contributions and expenditures pursuant to subsection [4] 5 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.”.

     Amend sec. 6, pages 6 through 8, by deleting lines 27 through 49 on page 6, lines 1 through 48 on page 7 and lines 1 through 31 on page 8, and inserting:

     “Sec. 4. NRS 294A.200 is hereby amended to read as follows:

     294A.200  1.  Every candidate for state, district, county or township office at a primary or general election shall, not later than:

     (a) Seven days before the primary election, for the period from 30 days before the regular session of the legislature after the last election for that office up to 12 days before the primary election;

     (b) Seven days before the general election, whether or not the candidate won the primary election, for the period from 12 days before the primary election up to 12 days before the general election; and

     (c) The 15th day of the second month after the general election, for the remaining period up to 30 days before the next regular session of the legislature,

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list each of the campaign expenses in excess of $100 that he incurs during the period on forms designed and provided by the secretary of state [and] pursuant to this section and section 1 of this act. Each form must be signed by the candidate under penalty of perjury.

     2.  Except as otherwise provided in subsection 3, every candidate for a district office at a special election shall, not later than:

     (a) Seven days before the special election, for the period from his nomination up to 12 days before the special election; and

     (b) Sixty days after the special election, for the remaining period up to 30 days after the special election,

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list each of the campaign expenses in excess of $100 that he incurs during the period on forms designed and provided by the secretary of state [and] pursuant to this section and section 1 of this act. Each form must be signed by the candidate under penalty of perjury.

     3.  Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall list the campaign expenses in excess of $100 that he incurs on forms designed and provided by the secretary of state pursuant to this section and section 1 of this act and signed by the candidate under penalty of perjury, 60 days after:

     (a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall up to 30 days after the special election; or

     (b) A district court determines that the petition for recall is legally insufficient pursuant to subsection 5 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall up to the date of the district court’s decision.

     4.  Reports of campaign expenses must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

     5.  County clerks who receive from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign expenses pursuant to subsection 4 shall file a copy of each report with the secretary of state within 10 working days after he receives the report.

     6.  The forms designed and provided by the secretary of state for the reporting of campaign expenses pursuant to this section must be designed to be used by a candidate to record in the form of a list each campaign expense as he incurs it.”.

     Amend sec. 7, pages 8 through 10, by deleting lines 32 through 48 on page 8, lines 1 through 49 on page 9 and lines 1 through 13 on page 10, and inserting:

     “Sec. 5. NRS 294A.360 is hereby amended to read as follows:

     294A.360  1.  Every candidate for city office where the general city election is preceded by a primary city election shall file the reports in the manner required by NRS 294A.120, 294A.200 and 294A.350 for other offices not later than:

     (a) Seven days before the primary city election, for the period from 30 days after the last election for that office up to 12 days before the primary city election;

     (b) Seven days before the general city election, whether or not the candidate won the primary city election, for the period from 12 days before the primary city election up to 12 days before the general city election; and

     (c) The 15th day of the second month after the general city election, for the remaining period up to 30 days after the general city election.

     2.  Every candidate for city office where there is no primary city election shall so file those reports:

     (a) Seven days before the general city election, for the period from 30 days after the last election for that office up to 12 days before the general city election; and

     (b) The 15th day of the second month after the general city election, for the remaining period up to 30 days after the general city election.

     3.  The city clerk shall design the form for each report a candidate for city office is required to file pursuant to NRS 294A.120 and 294A.200. The form designed and provided by the city clerk for the reporting of campaign contributions and campaign expenses pursuant to this section must be designed to be used to record in the form of a list each campaign contribution as it is made and each campaign expense in excess of $100 as it is incurred.

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The city clerk shall submit the form to the secretary of state for approval. The city clerk shall not use such a form until it is approved.”.

     Amend sec. 8, page 10, line 34, by deleting “3” and inserting “1”.

     Amend the bill as a whole by deleting sections 9 through 11 and renumbering sec. 12 as sec. 7.

     Amend the bill as a whole by deleting the text of the repealed section.

     Amend the title of bill to read as follows:

“AN ACT relating to elections; requiring the secretary of state and each city clerk to design the form to be used by a candidate for reporting in kind campaign contributions and expenses; removing the requirement that campaign expenses under a certain amount be separately listed on forms for reporting; revising provisions governing the listing of certain categories of campaign expenses and expenditures; and providing other matters properly relating thereto.”.