Assembly Bill No. 529–Committee on Elections, Procedures, and Ethics

 

(On Behalf of the Secretary of State)

 

March 24, 2003

____________

 

Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Makes various changes concerning reporting of campaign contributions and expenditures. (BDR 24‑558)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

~

 

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

 

AN ACT relating to elections; revising the requirements for the form used for reporting campaign contributions and expenditures; eliminating the requirement to report campaign expenses and expenditures that have been contracted for but not paid during a reporting period; eliminating the requirement to report campaign contributions of $100 or less under certain circumstances; revising the dates for filing reports for campaign contributions and expenditures; revising the reporting periods included in those reports; requiring certain candidates for public office and public officers to file statements of financial disclosure with the Secretary of State instead of the Commission on Ethics; providing a civil penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

 

 

 

2-1  Section 1. Chapter 294A of NRS is hereby amended by

2-2  adding thereto a new section to read as follows:

2-3  1.  The Secretary of State shall design a single form to be used

2-4  for all reports of campaign contributions and expenses or

2-5  expenditures that are required to be filed pursuant to NRS

2-6  294A.120, 294A.125, 294A.140, 294A.150, 294A.200, 294A.210,

2-7  294A.220, 294A.270, 294A.280, 294A.360 and 294A.362. Upon

2-8  request, the Secretary of State shall provide a copy of the form to

2-9  each person, committee, political party and group that is required

2-10  to file such reports.

2-11      2.  The form designed pursuant to subsection 1 must include a

2-12  space for each person, committee, political party or group

2-13  completing the form to list:

2-14      (a) The amount of cash on hand at the beginning of the

2-15  reporting period;

2-16      (b) The amount of cash on hand at the beginning of the

2-17  reporting year;

2-18      (c) The amount of cash on hand at the end of the reporting

2-19  period;

2-20      (d) The amount of cash on hand at the end of the reporting

2-21  year;

2-22      (e) A summary of the contributions received and the expenses

2-23  or expenditures made by the person, committee, political party or

2-24  group during only the current reporting period;

2-25      (f) A summary of the contributions received and the expenses

2-26  or expenditures made by the person, committee, political party or

2-27  group during the reporting year, including the current and each

2-28  previous reporting period during the reporting year;

2-29      (g) Each campaign contribution in excess of $100 as it is

2-30  received by the person, committee, political party or group during

2-31  the reporting period and each contribution from a contributor

2-32  which cumulatively exceeds $100 as it is received by the person,

2-33  committee, political party or group during the reporting period;

2-34  and

2-35      (h) Each campaign expense or expenditure in excess of $100

2-36  as it is made by the person, committee, political party or group

2-37  during the reporting period.

2-38      Secs. 2 and 3.  (Deleted by amendment.)

2-39      Sec. 3.5.  NRS 294A.004 is hereby amended to read as

2-40  follows:

2-41      294A.004  “Campaign expenses” and “expenditures” mean:

2-42      1.  Those expenditures [contracted for or] made for advertising

2-43  on television, radio, billboards, posters and in newspapers; and

2-44      2.  All other expenditures [contracted for or] made,

3-1  toadvocate expressly the election or defeat of a clearly identified

3-2  candidate or group of candidates or the passage or defeat of a clearly

3-3  identified question or group of questions on the ballot, including any

3-4  payments made to a candidate or any person who is related to the

3-5  candidate within the second degree of consanguinity or affinity.

3-6  Sec. 4.  NRS 294A.120 is hereby amended to read as follows:

3-7  294A.120  1.  Every candidate for state, district, county or

3-8  township office at a primary or general election shall, not later than

3-9  January 15 of each year, for the period from January 1 of the

3-10  previous year through December 31 of the previous year, report

3-11  each campaign contribution in excess of $100 he received during

3-12  the period and contributions received during the period from a

3-13  contributor which cumulatively exceed $100. The provisions of

3-14  this subsection apply to the candidate beginning the year of the

3-15  general election for that office through the year immediately

3-16  preceding the next general election for that office.

3-17      2.  Every candidate for state, district, county or township

3-18  office at a primary or general election shall, if the general election

3-19  for the office for which he is a candidate is held on or after

3-20  January 1 and before the July 1 immediately following that

3-21  January 1, not later than:

3-22      (a) Seven days before the primary election[,] for that office, for

3-23  the period from [30 days before the regular session of the

3-24  Legislature after the last election for that office up to] the January 1

3-25  immediately preceding the primary election through 12 days

3-26  before the primary election;

3-27      (b) Seven days before the general election[, whether or not the

3-28  candidate won the primary election,] for that office, for the period

3-29  from [12] 11 days before the primary election [up to] through 12

3-30  days before the general election; and

3-31      (c) [The 15th day of the second month after the general election,

3-32  for the remaining period up to 30 days before the next regular

3-33  session of the Legislature,

3-34  list each of the campaign contributions that] July 15 of the year of

3-35  the general election for that office, for the period from 11 days

3-36  before the general election through June 30 of that year,

3-37  report each campaign contribution in excess of $100 he receives

3-38  during the period and contributions received during the period

3-39  from a contributor which cumulatively exceed $100. The report

3-40  must be completed on [forms] the form designed and provided by

3-41  the Secretary of State pursuant to section 1 of this [section and NRS

3-42  294A.362.] act. Each form must be signed by the candidate under

3-43  penalty of perjury.

4-1  [2.] 3.  Every candidate for state, district, county or township

4-2  office at a primary or general election shall, if the general election

4-3  for the office for which he is a candidate is held on or after July 1

4-4  and before the January 1 immediately following that July 1, not

4-5  later than:

4-6  (a) Seven days before the primary election for that office, for

4-7  the period from the January 1 immediately preceding the primary

4-8  election through 12 days before the primary election; and

4-9  (b) Seven days before the general election for that office, for

4-10  the period from 11 days before the primary election through 12

4-11  days before the general election,

4-12  report each campaign contribution in excess of $100 he received

4-13  during the period and contributions received during the period

4-14  from a contributor which cumulatively exceed $100. The report

4-15  must be completed on the form designed and provided by the

4-16  Secretary of State pursuant to section 1 of this act. Each form

4-17  must be signed by the candidate under penalty of perjury.

4-18      4. Except as otherwise provided in subsection [3,] 5, every

4-19  candidate for a district office at a special election shall, not later

4-20  than:

4-21      (a) Seven days before the special election, for the period from

4-22  his nomination [up to] through 12days before the special election;

4-23  and

4-24      (b) Thirty days after the special election, for the remaining

4-25  period [up to] through the special election,

4-26  [list each of the campaign contributions that he receives] report

4-27  each campaign contribution in excess of $100 he received during

4-28  the period and contributions received during the reporting period

4-29  from a contributor which cumulatively exceed $100. The report

4-30  must be completed on [forms] the form designed and provided by

4-31  the Secretary of State pursuant to section 1 of this [section and NRS

4-32  294A.362.] act. Each form must be signed by the candidate under

4-33  penalty of perjury.

4-34      [3.] 5. Every candidate for state, district, county, municipal or

4-35  township office at a special election to determine whether a public

4-36  officer will be recalled shall list each of the campaign contributions

4-37  that he receives on [forms] the form designed and provided by the

4-38  Secretary of State pursuant to section 1 of this [section and NRS

4-39  294A.362,] act, and signed by the candidate under penalty of

4-40  perjury, 30 days after:

4-41      (a) The special election, for the period from the filing of the

4-42  notice of intent to circulate the petition for recall [up to] through the

4-43  special election; or

5-1  (b) A district court determines that the petition for recall is

5-2  legally insufficient pursuant to subsection 5 of NRS 306.040, for the

5-3  period from the filing of the notice of intent to circulate the petition

5-4  for recall [up to] through the date of the district court’s decision.

5-5  [4.] 6. Reports of campaign contributions must be filed with

5-6  the officer with whom the candidate filed the declaration of

5-7  candidacy or acceptance of candidacy. A candidate may mail or

5-8  transmit the report to that officer by regular mail, certified mail [. If

5-9  certified mail is used, the date of mailing] , facsimile machine or

5-10  electronic means. A report shall be deemed [the date of filing.

5-11      5.] to be filed with the officer:

5-12      (a) On the date that it was mailed if it was sent by certified

5-13  mail; or

5-14      (b) On the date that it was received by the officer if the report

5-15  was sent by regular mail, transmitted by facsimile machine or

5-16  electronic means, or delivered personally.

5-17      7. Every county clerk who receives from candidates for

5-18  legislative or judicial office, except the office of justice of the peace

5-19  or municipal judge, reports of campaign contributions pursuant to

5-20  [subsection 4] this section shall file a copy of each report with the

5-21  Secretary of State within 10 working days after he receives the

5-22  report.

5-23      [6.] 8. The name and address of the contributor and the date on

5-24  which the contribution was received must be included on the [list]

5-25  report for each contribution in excess of $100 and contributions

5-26  which a contributor has made cumulatively in excess of that amount

5-27  since the beginning of the [first] current reporting period.

5-28      [7.  The form designed and provided by the Secretary of State

5-29  for the reporting of contributions pursuant to this section must be

5-30  designed to be used by a candidate to record in the form of a list

5-31  each campaign contribution as he receives it.]

5-32      Sec. 4.5.  NRS 294A.125 is hereby amended to read as

5-33  follows:

5-34      294A.125  1.  In addition to complying with the requirements

5-35  set forth in NRS 294A.120, 294A.200 and 294A.360, a candidate

5-36  who receives contributions in any year before the year in which the

5-37  general election or general city election in which the candidate

5-38  intends to seek election to public office is held, shall, for:

5-39      (a) The year in which he receives contributions in excess of

5-40  $10,000, list each of the contributions that he receives and the

5-41  expenditures in excess of $100 made in that year.

5-42      (b) Each year after the year in which he received contributions

5-43  in excess of $10,000, until the year of the general election or general

5-44  city election in which the candidate intends to seek election to

6-1  public office is held, list each of the contributions that he received

6-2  and the expenditures in excess of $100 made in that year.

6-3  2.  The reports required by subsection 1 must be submitted on

6-4  [forms] the form designed and provided by the Secretary of State

6-5  pursuant to [this section and NRS 294A.362.] section 1 of this act.

6-6  Each form must be signed by the candidate under penalty of perjury.

6-7  3.  The name and address of the contributor and the date on

6-8  which the contribution was received must be included on the list for

6-9  each contribution in excess of $100 and contributions that a

6-10  contributor has made cumulatively in excess of that amount.

6-11      4.  [The forms designed and provided by the Secretary of State

6-12  for the reporting of contributions and expenditures pursuant to this

6-13  section must be designed to be used by a candidate to record in the

6-14  form of a list each campaign contribution as he receives it and each

6-15  expenditure as it is made.

6-16      5.] The report must be filed:

6-17      (a) With the officer with whom the candidate will file the

6-18  declaration of candidacy or acceptance of candidacy for the public

6-19  office the candidate intends to seek. A candidate may mail or

6-20  transmit the report to that officer by regular mail, certified mail [. If

6-21  certified mail is used, the date of mailing] , facsimile machine or

6-22  electronic means. A report shall be deemed [the date of filing.] to

6-23  be filed with the officer:

6-24          (1) On the date it was mailed if it was sent by certified mail.

6-25          (2) On the date it was received by the officer if the report

6-26  was sent by regular mail, transmitted by facsimile machine or

6-27  electronic means, or delivered personally.

6-28      (b) On or before January 15 of the year immediately after the

6-29  year for which the report is made.

6-30      [6.] 5.  A county clerk who receives from a candidate for

6-31  legislative or judicial office, except the office of justice of the peace

6-32  or municipal judge, a report of contributions and expenditures

6-33  pursuant to subsection 5 shall file a copy of the report with the

6-34  Secretary of State within 10 working days after he receives the

6-35  report.

6-36      Sec. 5.  NRS 294A.140 is hereby amended to read as follows:

6-37      294A.140  1.  Every person who is not under the direction or

6-38  control of a candidate for office at a primary election, primary city

6-39  election, general election or general city election, of a group of

6-40  such candidates or of any person involved in the campaign of that

6-41  candidate or group who makes an expenditure on behalf of the

6-42  candidate or group which is not solicited or approved by

6-43  the candidate or group, and every committee for political action,

6-44  political party and committee sponsored by a political party which

7-1  makes an expenditure on behalf of such a candidate or group of

7-2  candidates shall, not later than January 15 of each year that the

7-3  provisions of this subsection apply to the person, committee or

7-4  political party, for the period from January 1 of the previous year

7-5  through December 31 of the previous year, report each campaign

7-6  contribution in excess of $100 he or it received during the period

7-7  and contributions received during the period from a contributor

7-8  which cumulatively exceed $100. The provisions of this subsection

7-9  apply to the person, committee or political party beginning the

7-10  year of the general election or general city election for that office

7-11  through the year immediately preceding the next general election

7-12  or general city election for that office.

7-13      2.  Every person, committee or political party described in

7-14  subsection 1 which makes an expenditure on behalf of the

7-15  candidate for office at a primary election, primary city election,

7-16  general election or general city election or on behalf of a group of

7-17  such candidates shall, if the general election or general city

7-18  election for the office for which the candidate or a candidate in

7-19  the group of candidates seeks election is held on or after

7-20  January 1 and before the July 1 immediately following that

7-21  January 1, not later than:

7-22      (a) Seven days before [a] the primary election or primary city

7-23  election[,] for that office, for the period from [30 days after the last

7-24  election for that office to] the January 1 immediately preceding the

7-25  primary election or primary city election through 12 days before

7-26  the primary election or primary city election;

7-27      (b) Seven days before [a] the general election or general city

7-28  election[, whether or not the candidate won the primary election or

7-29  primary city election,] for that office, for the period from [12] 11

7-30  days before the primary election or primary city election [to]

7-31  through 12days before the general election or general city election;

7-32  and

7-33      (c) [The 15th day of the second month after the general election

7-34  or general city election, for the remaining period up to 30 days after

7-35  the general election or general city election,

7-36  list each of the contributions] July 15 of the year of the general

7-37  election or general city election for that office, for the period from

7-38  11 days before the general election or general city election

7-39  through June 30 of that year,

7-40  report each campaign contribution in excess of $100 received

7-41  during the period and contributions received during the period

7-42  from a contributor which cumulatively exceed $100. The report

7-43  must be completed on the form designed and provided by the

7-44  Secretary of State [and shall sign the report] pursuant to section 1

8-1  of this act. The form must be signed by the person or a

8-2  representative of the committee or political party under penalty of

8-3  perjury.

8-4  [2.] 3. The name and address of the contributor and the date on

8-5  which the contribution was received must be included on the [list]

8-6  report for each contribution in excess of $100 and contributions

8-7  which a contributor has made cumulatively in excess of $100 since

8-8  the beginning of the [first] current reporting period. [The form

8-9  designed and provided by the Secretary of State for the reporting of

8-10  contributions pursuant to this section must be designed to be used

8-11  by the person, committee for political action, political party or

8-12  committee sponsored by a political party to record in the form of a

8-13  list each contribution as it is received.

8-14      3.  If the candidate is elected from one county, the reports must

8-15  be filed with the county clerk of that county. If the candidate is

8-16  elected from one city, the reports must be filed with the city clerk of

8-17  that city. For all other candidates, the]

8-18      4.  Every person, committee or political party described in

8-19  subsection 1 which makes an expenditure on behalf of a candidate

8-20  for office at a primary election, primary city election, general

8-21  election or general city election or on behalf of a group of such

8-22  candidates shall, if the general election or general city election for

8-23  the office for which the candidate or a candidate in the group of

8-24  candidates seeks election is held on or after July 1 and before the

8-25  January 1 immediately following that July 1, not later than:

8-26      (a) Seven days before the primary election or primary city

8-27  election for that office, for the period from the January 1

8-28  immediately preceding the primary election or primary city

8-29  election through 12 days before the primary election or primary

8-30  city election; and

8-31      (b) Seven days before the general election or general city

8-32  election for that office, for the period from 11 days before the

8-33  primary election or primary city election through 12 days before

8-34  the general election or general city election,

8-35  report each campaign contribution in excess of $100 received

8-36  during the period and contributions received during the period

8-37  from a contributor which cumulatively exceed $100. The report

8-38  must be completed on the form designed and provided by the

8-39  Secretary of State pursuant to section 1 of this act. The form must

8-40  be signed by the person or a representative of the committee or

8-41  political party under penalty of perjury.

8-42      5.  Except as otherwise provided in subsection 6, every person,

8-43  committee or political party described in subsection 1 which makes

8-44  an expenditure on behalf of a candidate for office at a special

9-1  election or on behalf of a group of such candidates shall, not later

9-2  than:

9-3  (a) Seven days before the special election for the office for

9-4  which the candidate or a candidate in the group of candidates

9-5  seeks election, for the period from the nomination of the candidate

9-6  through 12 days before the special election; and

9-7  (b) Thirty days after the special election, for the remaining

9-8  period through the special election,

9-9  report each campaign contribution in excess of $100 received

9-10  during the period and contributions received during the period

9-11  from a contributor which cumulatively exceed $100. The report

9-12  must be completed on the form designed and provided by the

9-13  Secretary of State pursuant to section 1 of this act. The form must

9-14  be signed by the person or a representative of the committee or

9-15  political party under penalty of perjury.

9-16      6.  Every person, committee or political party described in

9-17  subsection 1 which makes an expenditure on behalf of a candidate

9-18  for office at a special election to determine whether a public

9-19  officer will be recalled or on behalf of a group of candidates for

9-20  offices at such special elections shall report each contribution in

9-21  excess of $100 received during the period and contributions

9-22  received during the period from a contributor which cumulatively

9-23  exceed $100. The report must be completed on the form designed

9-24  and provided by the Secretary of State pursuant to section 1 of this

9-25  act and signed by the person or a representative of the committee

9-26  or political party under penalty of perjury, 30 days after:

9-27      (a) The special election, for the period from the filing of the

9-28  notice of intent to circulate the petition for recall through the

9-29  special election; or

9-30      (b) If the special election is not held because a district court

9-31  determines that the petition for recall is legally insufficient

9-32  pursuant to subsection 5 of NRS 306.040, for the period from the

9-33  filing of the notice of intent to circulate the petition for recall

9-34  through the date of the district court’s decision.

9-35      7.  The reports of contributions required pursuant to this

9-36  section must be filed with :

9-37      (a) If the candidate is elected from one county, the county

9-38  clerk of that county;

9-39      (b) If the candidate is elected from one city, the city clerk of

9-40  that city; or

9-41      (c) If the candidate is elected from more than one county or

9-42  city, theSecretary of State.

9-43      8.  A person or entity may file the report with the appropriate

9-44  officer by regular mail, certified mail [. If certified mail is used, the

10-1  date of mailing] , facsimile machine or electronic means. A report

10-2  shall be deemed [the date of filing.

10-3      4.] to be filed with the officer:

10-4      (a) On the date that it was mailed if it was sent by certified

10-5  mail; or

10-6      (b) On the date that it was received by the officer if the report

10-7  was sent by regular mail, transmitted by facsimile machine or

10-8  electronic means, or delivered personally.

10-9      9. Each county clerk or city clerk who receives a report

10-10  pursuant to [subsection 3] this section shall file a copy of the report

10-11  with the Secretary of State within 10 working days after he receives

10-12  the report.

10-13     10.  Every person, committee or political party described in

10-14  subsection 1 shall file a report required by this section even if he

10-15  or it receives no contributions.

10-16     Sec. 6.  NRS 294A.150 is hereby amended to read as follows:

10-17     294A.150  1.  Every person or group of persons organized

10-18  formally or informally who advocates the passage or defeat of a

10-19  question or group of questions on the ballot at [any election

10-20  including any recall or special] a primary election , primary city

10-21  election, general election or general city election, shall, not later

10-22  than January 15 of each year that the provisions of this subsection

10-23  apply to the person or group of persons, for the period from

10-24  January 1 of the previous year through December 31 of the

10-25  previous year, report each campaign contribution in excess of

10-26  $100 received during that period and contributions received

10-27  during the period from a contributor which cumulatively exceed

10-28  $100. The report must be completed on the form designed and

10-29  provided by the Secretary of State pursuant to section 1 of this act.

10-30  The form must be signed by the person or a representative of the

10-31  group under penalty of perjury. The provisions of this subsection

10-32  apply to the person or group of persons:

10-33     (a) Each year in which an election or city election is held for

10-34  each question for which the person or group advocates passage or

10-35  defeat; and

10-36     (b) The year after each year described in paragraph (a).

10-37     2.  If a question is on the ballot at a primary election or

10-38  primary city election and the general election or general city

10-39  election immediately following that primary election or primary

10-40  city election is held on or after January 1 and before the July 1

10-41  immediately following that January 1, every person or group of

10-42  persons organized formally or informally who advocates the

10-43  passage or defeat of the question or a group of questions that

10-44  includes the question shall comply with the requirements of this

11-1  subsection. If a question is on the ballot at a general election or

11-2  general city election held on or after January 1 and before the

11-3  July 1 immediately following that January 1, every person or

11-4  group of persons organized formally or informally who advocates

11-5  the passage or defeat of the question or a group of questions that

11-6  includes the question shall comply with the requirements of this

11-7  subsection. A person or group of persons described in this

11-8  subsection shall, not later than:

11-9      (a) Seven days before [a] the primary election or primary city

11-10  election, for the period from [30 days after the last general election

11-11  to] the January 1 immediately preceding the primary election or

11-12  primary city election through 12 days before the primary election

11-13  or primary city election;

11-14     (b) Sevendays before [a] the general election or general city

11-15  election, for the period from [12] 11 days before the primary

11-16  election or primary city election [to] through 12 days before the

11-17  general election or general city election; and

11-18     (c) [The 15th day of the second month after the general election

11-19  or general city election, for the remaining period up to 30 days after

11-20  the general election or general city election,

11-21  list each of the contributions] July 15 of the year of the general

11-22  election or general city election, for the period from 11 days before

11-23  the general election or general city election through June 30 of

11-24  that year,

11-25  report each campaign contribution in excess of $100 received

11-26  during the period and contributions received during the period

11-27  from a contributor which cumulatively exceed $100. The report

11-28  must be completed on the form designed and provided by the

11-29  Secretary of State pursuant to section 1 of this act and signed by

11-30  the person or a representative of the group under penalty of perjury.

11-31     [2.] 3. The name and address of the [contribution] contributor

11-32  and the date on which the contribution was received must be

11-33  included on the [list] report for each contribution in excess of $100

11-34  and contributions which a contributor has made cumulatively in

11-35  excess of that amount since the beginning of the [first reporting. The

11-36  form designed and provided by the Secretary of State for the

11-37  reporting of contributions pursuant to this section must be designed

11-38  to be used to record in the form of a list each contribution as it is

11-39  received.

11-40     3.  If the question is submitted to the voters of only one county,

11-41  the reports must be filed with the county clerk of that county. If the

11-42  question is submitted to the voters of only one city, the reports must

11-43  be filed with the city clerk of that city. Otherwise, the] current

11-44  reporting period.

12-1      4.  If a question is on the ballot at a primary election or

12-2  primary city election and the general election or general city

12-3  election immediately following that primary election or primary

12-4  city election is held on or after July 1 and before the January 1

12-5  immediately following that July 1, every person or group of

12-6  persons organized formally or informally who advocates the

12-7  passage or defeat of the question or a group of questions that

12-8  includes the question shall comply with the requirements of this

12-9  subsection. If a question is on the ballot at a general election or

12-10  general city election held on or after July 1 and before the

12-11  January 1 immediately following that July 1, every person or

12-12  group of persons organized formally or informally who advocates

12-13  the passage or defeat of the question or a group of questions that

12-14  includes the question shall comply with the requirements of this

12-15  subsection. A person or group of persons described in this

12-16  subsection shall, not later than:

12-17     (a) Seven days before the primary election or primary city

12-18  election, for the period from the January 1 immediately preceding

12-19  the primary election or primary city election through 12 days

12-20  before the primary election or primary city election; and

12-21     (b) Seven days before the general election or general city

12-22  election, for the period from 11 days before the primary election or

12-23  primary city election through 12 days before the general election

12-24  or general city election,

12-25  report each campaign contribution in excess of $100 received

12-26  during the period and contributions received during the period

12-27  from a contributor which cumulatively exceed $100. The report

12-28  must be completed on the form designed and provided by the

12-29  Secretary of State pursuant to section 1 of this act. The form must

12-30  be signed by the person or a representative of the group under

12-31  penalty of perjury.

12-32     5.  Except as otherwise provided in subsection 6, every person

12-33  or group of persons organized formally or informally who

12-34  advocates the passage or defeat of a question or group of

12-35  questions on the ballot at a special election shall, not later than:

12-36     (a) Seven days before the special election, for the period from

12-37  the date that the question qualified for the ballot through 12 days

12-38  before the special election; and

12-39     (b) Thirty days after the special election, for the remaining

12-40  period through the special election,

12-41  report each campaign contribution in excess of $100 received

12-42  during the period and contributions received during the period

12-43  from a contributor which cumulatively exceed $100. The report

12-44  must be completed on the form designed and provided by the

13-1  Secretary of State pursuant to section 1 of this act. The form must

13-2  be signed by the person or a representative of the group under

13-3  penalty of perjury.

13-4      6.  Every person or group of persons organized formally or

13-5  informally who advocates the passage or defeat of a question or

13-6  group of questions on the ballot at a special election to determine

13-7  whether a public officer will be recalled shall report each of the

13-8  contributions received on the form designed and provided by the

13-9  Secretary of State pursuant to section 1 of this act and signed by

13-10  the person or a representative of the group under penalty of

13-11  perjury, 30 days after:

13-12     (a) The special election, for the period from the filing of the

13-13  notice of intent to circulate the petition for recall through the

13-14  special election; or

13-15     (b) If the special election is not held because a district court

13-16  determines that the petition for recall is legally insufficient

13-17  pursuant to subsection 5 of NRS 306.040, for the period from the

13-18  filing of the notice of intent to circulate the petition for recall

13-19  through the date of the district court’s decision.

13-20     7.  The reports required pursuant to this section must be filed

13-21  with :

13-22     (a) If the question is submitted to the voters of one county, the

13-23  county clerk of that county;

13-24     (b) If the question is submitted to the voters of one city, the city

13-25  clerk of that city; or

13-26     (c) If the question is submitted to the voters of more than one

13-27  county or city, the Secretary of State.

13-28     8.  A person may mail or transmit his report to the appropriate

13-29  officer by regular mail, certified mail, facsimile machine or

13-30  electronic means. A report shall be deemed to be filed with the

13-31  officer:

13-32     (a) On the date that it was mailed if it was sent by certified

13-33  mail; or

13-34     (b) On the date that it was received by the officer if the report

13-35  was sent by regular mail, transmitted by facsimile machine or

13-36  electronic means, or delivered personally.

13-37     9.  If the person or group of persons is advocating passage or

13-38  defeat of a group of questions, the reports [must be made to the

13-39  officer appropriate for each question and] must be itemized by

13-40  question.

13-41     [4.] 10.  Each county clerk or city clerk who receives a report

13-42  pursuant to [subsection 3] this section shall file a copy of the report

13-43  with the Secretary of State within 10 working days after he receives

13-44  the report.

14-1      Sec. 7.  NRS 294A.160 is hereby amended to read as follows:

14-2      294A.160  1.  It is unlawful for a candidate to spend money

14-3  received as a campaign contribution for his personal use.

14-4      2.  Every candidate for a state, district, county, city or township

14-5  office at a primary, general, primary city, general city or special

14-6  election who is elected to that office and received contributions that

14-7  were not spent or committed for expenditure before the primary,

14-8  general, primary city, general city or special election shall:

14-9      (a) Return the unspent money to contributors;

14-10     (b) Use the money in his next election or for the payment of

14-11  other expenses related to public office or his campaign [;] ,

14-12  regardless of whether he is a candidate for a different office in his

14-13  next election;

14-14     (c) Contribute the money to:

14-15         (1) The campaigns of other candidates for public office or for

14-16  the payment of debts related to their campaigns;

14-17         (2) A political party;

14-18         (3) A person or group of persons advocating the passage or

14-19  defeat of a question or group of questions on the ballot; or

14-20         (4) Any combination of persons or groups set forth in

14-21  subparagraphs (1), (2) and (3);

14-22     (d) Donate the money to any tax-exempt nonprofit entity; or

14-23     (e) Dispose of the money in any combination of the methods

14-24  provided in paragraphs (a) to (d), inclusive.

14-25     3.  Every candidate for a state, district, county, city or township

14-26  office at a primary, general, primary city, general city or special

14-27  election who is not elected to that office and received contributions

14-28  that were not spent or committed for expenditure before the primary,

14-29  general, primary city, general city or special election shall, not later

14-30  than the 15th day of the second month after his defeat:

14-31     (a) Return the unspent money to contributors;

14-32     (b) Contribute the money to:

14-33         (1) The campaigns of other candidates for public office or for

14-34  the payment of debts related to their campaigns;

14-35         (2) A political party;

14-36         (3) A person or group of persons advocating the passage or

14-37  defeat of a question or group of questions on the ballot; or

14-38         (4) Any combination of persons or groups set forth in

14-39  subparagraphs (1), (2) and (3);

14-40     (c) Donate the money to any tax-exempt nonprofit entity; or

14-41     (d) Dispose of the money in any combination of the methods

14-42  provided in paragraphs (a), (b) and (c).

14-43     4.  Every candidate for a state, district, county, city or township

14-44  office who is defeated at a primary or primary city election and

15-1  received a contribution from a person in excess of $5,000 shall, not

15-2  later than the 15th day of the second month after his defeat, return

15-3  any money in excess of $5,000 to the contributor.

15-4      5.  Every public officer who:

15-5      (a) Holds a state, district, county, city or township office;

15-6      (b) Does not run for reelection and is not a candidate for any

15-7  other office; and

15-8      (c) Has contributions that are not spent or committed for

15-9  expenditure remaining from a previous election,

15-10  shall, not later than the 15th day of the second month after the

15-11  expiration of his term of office, dispose of those contributions in the

15-12  manner provided in subsection 3.

15-13     6.  In addition to the methods for disposing the unspent money

15-14  set forth in subsections 2, 3 and 4, a Legislator may donate not more

15-15  than $500 of that money to the Nevada Silver Haired Legislative

15-16  Forum created pursuant to NRS 427A.320.

15-17     7.  Any contributions received before a candidate for a state,

15-18  district, county, city or township office at a primary, general,

15-19  primary city, general city or special election dies that were not

15-20  spent or committed for expenditure before the death of the

15-21  candidate must be disposed of in the manner provided in

15-22  subsection 3.

15-23     8.  The court shall, in addition to any penalty which may be

15-24  imposed pursuant to NRS 294A.420, order the candidate or public

15-25  officer to dispose of any remaining contributions in the manner

15-26  provided in this section.

15-27     [8.] 9.  As used in this section, “contributions” include any

15-28  interest and other income earned thereon.

15-29     Sec. 8.  NRS 294A.200 is hereby amended to read as follows:

15-30     294A.200  1.  Every candidate for state, district, county or

15-31  township office at a primary or general election shall, not later than

15-32  January 15 of each year, for the period from January 1 of the

15-33  previous year through December 31 of the previous year, report

15-34  each of the campaign expenses in excess of $100 that he incurs

15-35  and each amount in excess of $100 that he disposes of pursuant to

15-36  NRS 294A.160 during the period on the form designed and

15-37  provided by the Secretary of State pursuant to section 1 of this act.

15-38  The form must be signed by the candidate under penalty of

15-39  perjury. The provisions of this subsection apply to the candidate:

15-40     (a) Beginning the year of the general election for that office

15-41  through the year immediately preceding the next general election

15-42  for that office; and

16-1      (b) Each year immediately succeeding a calendar year during

16-2  which the candidate disposes of contributions pursuant to

16-3  NRS 294A.160.

16-4      2.  Every candidate for state, district, county or township

16-5  office at a primary or general election shall, if the general election

16-6  for the office for which he is a candidate is held on or after

16-7  January 1 and before the July 1 immediately following that

16-8  January 1, not later than:

16-9      (a) Seven days before the primary election[,] for that office, for

16-10  the period from [30 days before the regular session of the

16-11  Legislature after the last election for that office up to] the January 1

16-12  immediately preceding the primary election through 12 days

16-13  before the primary election;

16-14     (b) Seven days before the general election[, whether or not the

16-15  candidate won the primary election,] for that office, for the period

16-16  from [12] 11 days before the primary election [up to] through 12

16-17  days before the general election; and

16-18     (c) [The 15th day of the second month after the general election,

16-19  for the remaining period up to 30 days before the next regular

16-20  session of the Legislature,

16-21  list] July 15 of the year of the general election for that office, for

16-22  the period from 11 days before the general election through

16-23  June 30 of that year,

16-24  report each of the campaign expenses in excess of $100 that he

16-25  incurs during the period on [forms] the form designed and provided

16-26  by the Secretary of State pursuant to section 1 of this [section and

16-27  NRS 294A.362.] act. Each form must be signed by the candidate

16-28  under penalty of perjury.

16-29     [2.] 3.  Every candidate for state, district, county or township

16-30  office at a primary or general election shall, if the general election

16-31  for the office for which he is a candidate is held on or after July 1

16-32  and before the January 1 immediately following that July 1, not

16-33  later than:

16-34     (a) Seven days before the primary election for that office, for

16-35  the period from the January 1 immediately preceding the primary

16-36  election through 12 days before the primary election; and

16-37     (b) Seven days before the general election for that office, for

16-38  the period from 11 days before the primary election through 12

16-39  days before the general election,

16-40  report each of the campaign expenses in excess of $100 that he

16-41  incurs during the period on the form designed and provided by the

16-42  Secretary of State pursuant to section 1 of this act. The form must

16-43  be signed by the candidate under penalty of perjury.

17-1      4. Except as otherwise provided in subsection [3,] 5, every

17-2  candidate for a district office at a special election shall, not later

17-3  than:

17-4      (a) Seven days before the special election, for the period from

17-5  his nomination [up to] through 12 days before the special election;

17-6  and

17-7      (b) [Sixty] Thirty days after the special election, for the

17-8  remaining period [up to 30 days after] through the special

17-9  election,

17-10  [list] report each of the campaign expenses in excess of $100 that he

17-11  incurs during the period on [forms] the form designed and provided

17-12  by the Secretary of State pursuant to section 1 of this [section and

17-13  NRS 294A.362.] act. Each form must be signed by the candidate

17-14  under penalty of perjury.

17-15     [3.] 5. Every candidate for state, district, county, municipal or

17-16  township office at a special election to determine whether a public

17-17  officer will be recalled shall [list] report each of the campaign

17-18  expenses in excess of $100 that he incurs on [forms] the form

17-19  designed and provided by the Secretary of State pursuant to section

17-20  1 of this [section and NRS 294A.362] act and signed by the

17-21  candidate under penalty of perjury, [60] 30 days after:

17-22     (a) The special election, for the period from the filing of the

17-23  notice of intent to circulate the petition for recall [up to 30 days

17-24  after] through the special election; or

17-25     (b) [A] If the special election is not held because a district

17-26  court determines that the petition for recall is legally insufficient

17-27  pursuant to subsection 5 of NRS 306.040, for the period from the

17-28  filing of the notice of intent to circulate the petition for recall [up to]

17-29  through the date of the district court’s decision.

17-30     [4.] 6.  Reports of campaign expenses must be filed with the

17-31  officer with whom the candidate filed the declaration of candidacy

17-32  or acceptance of candidacy. A candidate may mail or transmit the

17-33  report to that officer by regular mail, certified mail [. If certified

17-34  mail is used, the date of mailing] , facsimile machine or electronic

17-35  means. A report shall be deemed [the date of filing.

17-36     5.] to be filed with the officer:

17-37     (a) On the date that it was mailed if it was sent by certified

17-38  mail; or

17-39     (b) On the date that it was received by the officer if the report

17-40  was sent by regular mail, transmitted by facsimile machine or

17-41  electronic means, or delivered personally.

17-42     7.  County clerks who receive from candidates for legislative or

17-43  judicial office, except the office of justice of the peace or municipal

17-44  judge, reports of campaign expenses pursuant to [subsection 4] this

18-1  section shall file a copy of each report with the Secretary of State

18-2  within 10 working days after he receives the report.

18-3      [6.  The forms designed and provided by the Secretary of State

18-4  for the reporting of campaign expenses pursuant to this section must

18-5  be designed to be used by a candidate to record in the form of a list

18-6  each campaign expense as he incurs it.]

18-7      Sec. 9.  NRS 294A.210 is hereby amended to read as follows:

18-8      294A.210  1.  Every person who is not under the direction or

18-9  control of a candidate for an office at a primary election, primary

18-10  city election, general election or general city election, of a group of

18-11  such candidates or of any person involved in the campaign of that

18-12  candidate or group who makes an expenditure on behalf of the

18-13  candidate or group which is not solicited or approved by

18-14  the candidate or group, and every committee for political action,

18-15  political party or committee sponsored by a political party which

18-16  makes an expenditure on behalf of such a candidate or group of

18-17  candidates shall, not later than January 15 of each year that the

18-18  provisions of this subsection apply to the person, committee or

18-19  political party, for the period from January 1 of the previous year

18-20  through December 31 of the previous year, report each

18-21  expenditure made during the period on behalf of the candidate,

18-22  the group of candidates or a candidate in the group of candidates

18-23  in excess of $100 on the form designed and provided by the

18-24  Secretary of State pursuant to section 1 of this act. The form must

18-25  be signed by the person or a representative of the committee or

18-26  political party under penalty of perjury. The provisions of this

18-27  subsection apply to the person, committee or political party

18-28  beginning the year of the general election or general city election

18-29  for that office through the year immediately preceding the next

18-30  general election or general city election for that office.

18-31     2.  Every person, committee or political party described in

18-32  subsection 1 which makes an expenditure on behalf of a candidate

18-33  for office at a primary election, primary city election, general

18-34  election or general city election or a group of such candidates

18-35  shall, if the general election or general city election for the office

18-36  for which the candidate or a candidate in the group of candidates

18-37  seeks election is held on or after January 1 and before the July 1

18-38  immediately following that January 1, not later than:

18-39     (a) Sevendays before [a] the primary election or primary city

18-40  election[,] for that office, for the period from [30 days after the last

18-41  election for that office to] the January 1 immediately preceding the

18-42  primary election or primary city election through 12 days before

18-43  the primary election or primary city election;

19-1      (b) Seven days before [a] the general election or general city

19-2  election[, whether or not the candidate won the primary election or

19-3  primary city election,] for that office, for the period from [12] 11

19-4  days before the primary election or primary city election [to]

19-5  through 12 days before the general election or general city election;

19-6  and

19-7      (c) [The 15th day of the second month after a general election or

19-8  general city election, for the remaining period up to 30 days after the

19-9  general election or general city election,

19-10  list] July 15 of the year of the general election or general city

19-11  election for that office, for the period from 11 days before the

19-12  general election or general city election through the June 30 of

19-13  that year,

19-14  report each expenditure made during the period on behalf of [a

19-15  candidate or] the candidate, the group of candidates or a candidate

19-16  in the group of candidates in excess of $100 on [forms] the form

19-17  designed and provided by the Secretary of State [and] pursuant to

19-18  section 1 of this act. The form must be signed by the person or a

19-19  representative of the [group] committee or political party under

19-20  penalty of perjury. [The report must also include identification of

19-21  expenditures which the person or group made cumulatively in

19-22  excess of $100 since the beginning of the first reporting period.

19-23     2.] 3.  Every person, committee or political party described in

19-24  subsection 1 which makes an expenditure on behalf of a candidate

19-25  for office at a primary election, primary city election, general

19-26  election or general city election or on behalf of a group of such

19-27  candidates shall, if the general election or general city election for

19-28  the office for which the candidate or a candidate in the group of

19-29  candidates seeks election is held on or after July 1 and before the

19-30  January 1 immediately following that July 1, not later than:

19-31     (a) Seven days before the primary election or primary city

19-32  election for that office, for the period from the January 1

19-33  immediately preceding the primary election or primary city

19-34  election through 12 days before the primary election or primary

19-35  city election; and

19-36     (b) Seven days before the general election or general city

19-37  election for that office, for the period from 11 days before the

19-38  primary election or primary city election through 12 days before

19-39  the general election or general city election,

19-40  report each expenditure made during the period on behalf of the

19-41  candidate, the group of candidates or a candidate in the group of

19-42  candidates in excess of $100 on the form designed and provided by

19-43  the Secretary of State pursuant to section 1 of this act. The form

20-1  must be signed by the person or a representative of the committee

20-2  or political party under penalty of perjury.

20-3      4.  Except as otherwise provided in subsection 5, every person,

20-4  committee or political party described in subsection 1 which makes

20-5  an expenditure on behalf of a candidate for office at a special

20-6  election or on behalf of a group of such candidates shall, not later

20-7  than:

20-8      (a) Seven days before the special election for the office for

20-9  which the candidate or a candidate in the group of candidates

20-10  seeks election, for the period from the nomination of the candidate

20-11  through 12 days before the special election; and

20-12     (b) Thirty days after the special election, for the remaining

20-13  period through the special election,

20-14  report each expenditure made during the period on behalf of the

20-15  candidate, the group of candidates or a candidate in the group of

20-16  candidates in excess of $100 on the form designed and provided by

20-17  the Secretary of State pursuant to section 1 of this act. The form

20-18  must be signed by the person or a representative of the committee

20-19  or political party under penalty of perjury.

20-20     5.  Every person, committee or political party described in

20-21  subsection 1 which makes an expenditure on behalf of a candidate

20-22  for office at a special election to determine whether a public

20-23  officer will be recalled or on behalf of a group of such candidates

20-24  shall list each expenditure made on behalf of the candidate, the

20-25  group of candidates or a candidate in the group of candidates in

20-26  excess of $100 on the form designed and provided by the Secretary

20-27  of State pursuant to section 1 of this act and signed by the person

20-28  or a representative of the committee or political party under

20-29  penalty of perjury, 30 days after:

20-30     (a) The special election, for the period from the filing of the

20-31  notice of intent to circulate the petition for recall through the

20-32  special election; or

20-33     (b) If the special election is not held because a district court

20-34  determines that the petition for recall is legally insufficient

20-35  pursuant to subsection 5 of NRS 306.040, for the period from the

20-36  filing of the notice of intent to circulate the petition for recall

20-37  through the date of the district court’s decision.

20-38     6. Expenditures made within the State or made elsewhere but

20-39  for use within the State, including expenditures made outside the

20-40  State for printing, television and radio broadcasting or other

20-41  production of the media, must be included in the report.

20-42     [3.  If the candidate is elected from one county, the reports must

20-43  be filed with the county clerk of that county. If the candidate is

21-1  elected from one city, the reports must be filed with the city clerk of

21-2  that city. Otherwise, the]

21-3      7.  The reports must be filed with :

21-4      (a) If the candidate is elected from one county, the county

21-5  clerk of that county;

21-6      (b) If the candidate is elected from one city, the city clerk of

21-7  that city; or

21-8      (c) If the candidate is elected from more than one county or

21-9  city, the Secretary of State.

21-10     8.  If an expenditure is made on behalf of a group of candidates,

21-11  the reports must be [made to the officer appropriate for each

21-12  candidate and] itemized by the candidate. A person may [make]

21-13  mail or transmit his report to the appropriate officer by regular

21-14  mail, certified mail [. If certified mail is used, the date of mailing] ,

21-15  facsimile machine or electronic means. A report shall be deemed

21-16  [the date of filing.

21-17     4.] to be filed with the officer:

21-18     (a) On the date that it was mailed if it was sent by certified

21-19  mail; or

21-20     (b) On the date that it was received by the officer if the report

21-21  was sent by regular mail, transmitted by facsimile machine or

21-22  electronic means, or delivered personally.

21-23     9.  Each county clerk or city clerk who receives a report

21-24  pursuant to [subsection 3]this section shall file a copy of the report

21-25  with the Secretary of State within 10 working days after he receives

21-26  the report.

21-27     [5.  The forms designed and provided by the Secretary of State

21-28  for the reporting of expenditures pursuant to this section must be

21-29  designed to be used by the person or representative of the group to

21-30  record in the form of a list each expenditure as it is made.]

21-31     10.  Every person, committee or political party described in

21-32  subsection 1 shall file a report required by this section even if he

21-33  or it receives no contributions.

21-34     Sec. 10.  NRS 294A.220 is hereby amended to read as follows:

21-35     294A.220  1.  Every person or group of persons organized

21-36  formally or informally who advocates the passage or defeat of a

21-37  question or group of questions on the ballot at [any election

21-38  including any recall or special] a primary election , primary city

21-39  election, general election or general city election, shall, not later

21-40  than January 15 of each year that the provisions of this subsection

21-41  apply to the person or group of persons, for the period from

21-42  January 1 of the previous year through December 31 of the

21-43  previous year, report each expenditure made during the period on

21-44  behalf of or against the question, the group of questions or a

22-1  question in the group of questions on the ballot in excess of $100

22-2  on the form designed and provided by the Secretary of State

22-3  pursuant to section 1 of this act. The form must be signed by the

22-4  person or a representative of the group under penalty of perjury.

22-5  The provisions of this subsection apply to the person or group of

22-6  persons:

22-7      (a) Each year in which an election or city election is held for a

22-8  question for which the person or group advocates passage or

22-9  defeat; and

22-10     (b) The year after each year described in paragraph (a).

22-11     2.  If a question is on the ballot at a primary election or

22-12  primary city election and the general election or general city

22-13  election immediately following that primary election or primary

22-14  city election is held on or after January 1 and before the July 1

22-15  immediately following that January 1, every person or group of

22-16  persons organized formally or informally who advocates the

22-17  passage or defeat of the question or a group of questions that

22-18  includes the question shall comply with the requirements of this

22-19  subsection. If a question is on the ballot at a general election or

22-20  general city election held on or after January 1 and before the

22-21  July 1 immediately following that January 1, every person or

22-22  group of persons organized formally or informally who advocates

22-23  the passage or defeat of the question or a group of questions that

22-24  includes the question shall comply with the requirements of this

22-25  subsection. A person or group of persons described in this

22-26  subsection shall, not later than:

22-27     (a) Seven days before [a] the primary election or primary city

22-28  election, for the period from [30 days after the last general election

22-29  to] the January 1 immediately preceding the primary election or

22-30  primary city election through 12 days before the primary election

22-31  or primary city election;

22-32     (b) Seven days before [a] the general election or general city

22-33  election, for the period from [12] 11 days before the primary

22-34  election or primary city election [to] through 12days before the

22-35  general election or general city election; and

22-36     (c) [The 15th day of the second month after the general election

22-37  or general city election, for the remaining period up to 30 days after

22-38  the general election or general city election, list] July 15 of the year

22-39  of the general election or general city election, for the period from

22-40  11 days before the general election or general city election

22-41  through the June 30 immediately preceding that July 15,

22-42  report each expenditure made during the period on behalf of or

22-43  against [a question or] the question, the group of questions or a

22-44  question in the group of questions on the ballot in excess of $100

23-1  on the form designed and provided by the Secretary of State

23-2  pursuant to section 1 of this act and signed by the person or a

23-3  representative of the group under penalty of perjury. [The report

23-4  must also include the identification of expenditures which the

23-5  person or group made cumulatively in excess of $100 since the

23-6  beginning of the first reporting period.

23-7      2.] 3. If a question is on the ballot at a primary election or

23-8  primary city election and the general election or general city

23-9  election immediately following that primary election or primary

23-10  city election is held on or after July 1 and before the January 1

23-11  immediately following that July 1, every person or group of

23-12  persons organized formally or informally who advocates the

23-13  passage or defeat of the question or a group of questions that

23-14  includes the question shall comply with the requirements of this

23-15  subsection. If a question is on the ballot at a general election or

23-16  general city election held on or after July 1 and before the

23-17  January 1 immediately following that July 1, every person or

23-18  group of persons organized formally or informally who advocates

23-19  the passage or defeat of the question or a group of questions that

23-20  includes the question shall comply with the requirements of this

23-21  subsection. A person or group of persons described in this

23-22  subsection shall, not later than:

23-23     (a) Seven days before the primary election or primary city

23-24  election, for the period from the January 1 immediately preceding

23-25  the primary election or primary city election through 12 days

23-26  before the primary election or primary city election; and

23-27     (b) Seven days before the general election or general city

23-28  election, for the period from 11 days before the primary election or

23-29  primary city election through 12 days before the general election

23-30  or general city election,

23-31  report each expenditure made during the period on behalf of or

23-32  against the question, the group of questions or a question in the

23-33  group of questions on the ballot in excess of $100 on the form

23-34  designed and provided by the Secretary of State pursuant to

23-35  section 1 of this act. The form must be signed by the person or a

23-36  representative of the group under penalty of perjury.

23-37     4.  Except as otherwise provided in subsection 5, every person

23-38  or group of persons organized formally or informally who

23-39  advocates the passage or defeat of a question or group of

23-40  questions on the ballot at a special election shall, not later than:

23-41     (a) Seven days before the special election, for the period from

23-42  the date the question qualified for the ballot through 12 days

23-43  before the special election; and

24-1      (b) Thirty days after the special election, for the remaining

24-2  period through the special election,

24-3  report each expenditure made during the period on behalf of or

24-4  against the question, the group of questions or a question in the

24-5  group of questions on the ballot in excess of $100 on the form

24-6  designed and provided by the Secretary of State pursuant to

24-7  section 1 of this act. The form must be signed by the person or a

24-8  representative of the group under penalty of perjury.

24-9      5.  Every person or group of persons organized formally or

24-10  informally who advocates the passage or defeat of a question or

24-11  group of questions on the ballot at a special election to determine

24-12  whether a public officer will be recalled shall list each expenditure

24-13  made during the period on behalf of or against the question, the

24-14  group of questions or a question in the group of questions on

24-15  the ballot in excess of $100 on the form designed and provided by

24-16  the Secretary of State pursuant to section 1 of this act and signed

24-17  by the person or a representative of the group under penalty of

24-18  perjury, 30 days after:

24-19     (a) The special election, for the period from the filing of the

24-20  notice of intent to circulate the petition for recall through the

24-21  special election; or

24-22     (b) If the special election is not held because a district court

24-23  determines that the petition for recall is legally insufficient

24-24  pursuant to subsection 5 of NRS 306.040, for the period from the

24-25  filing of the notice of intent to circulate the petition for recall

24-26  through the date of the district court’s decision.

24-27     6.  Expenditures made within the State or made elsewhere but

24-28  for use within the State, including expenditures made outside the

24-29  State for printing, television and radio broadcasting or other

24-30  production of the media, must be included in the report.

24-31     [3.  If the question is submitted to the voters of only one county,

24-32  the reports must be filed with the county clerk of that county. If the

24-33  question is submitted to the voters of only one city, the reports must

24-34  be filed with the city clerk of that city. Otherwise, the]

24-35     7.  The reports required pursuant to this section must be filed

24-36  with :

24-37     (a) If the question is submitted to the voters of one county, the

24-38  county clerk of that county;

24-39     (b) If the question is submitted to the voters of one city, the city

24-40  clerk of that city; or

24-41     (c) If the question is submitted to the voters of more than one

24-42  county or city, the Secretary of State.

24-43     8.  If an expenditure is made on behalf of a group of questions,

24-44  the reports [must be made to the officer appropriate for each

25-1  question and] must be itemized by question. A person may [make]

25-2  mail or transmit his report to the appropriate filing officer by

25-3  regular mail, certified mail [. If certified mail is used, the date of

25-4  mailing] , facsimile machine or electronic means. A report shall be

25-5  deemed [the date of filing.

25-6      4.] to be filed with the filing officer:

25-7      (a) On the date that it was mailed if it was sent by certified

25-8  mail; or

25-9      (b) On the date that it was received by the filing officer if the

25-10  report was sent by regular mail, transmitted by facsimile machine

25-11  or electronic means, or delivered personally.

25-12     9.  Each county clerk or city clerk who receives a report

25-13  pursuant to[subsection 3]this section shall file a copy of the report

25-14  with the Secretary of State within 10 working days after he receives

25-15  the report.

25-16     [5.  The form designed and provided by the Secretary of State

25-17  for the reporting of expenditure pursuant to this section must be

25-18  designed to be used by the person or representative of the group to

25-19  record in the form of a list each expenditure as it is made.]

25-20     Sec. 11.  NRS 294A.270 is hereby amended to read as follows:

25-21     294A.270  1.  Except as otherwise provided in subsection 3,

25-22  each committee for the recall of a public officer shall, not later than:

25-23     (a) Seven days before the special election to recall a public

25-24  officer, for the period from the filing of the notice of intent to

25-25  circulate the petition for recall [up to] through 12 days before the

25-26  special election; and

25-27     (b) Thirty days after the election, for the remaining period [up

25-28  to] through the election,

25-29  [list] report each contribution received or made by the committee in

25-30  excess of $100 on [a] the form designed and provided by the

25-31  Secretary of State [and] pursuant to section 1 of this act. The form

25-32  must be signed by a representative of the committee under penalty

25-33  of perjury.

25-34     2.  If a petition for the purpose of recalling a public officer is

25-35  not filed before the expiration of the notice of intent, the committee

25-36  for the recall of a public officer shall, not later than 30 days after the

25-37  expiration of the notice of intent, [list] report each contribution

25-38  received [or] by the committee, and each contribution made by the

25-39  committee in excess of $100.

25-40     3.  If a court does not order a special election for the recall of

25-41  the public officer, the committee for the recall of a public officer

25-42  shall, not later than 30 days after the court determines that an

25-43  election will not be held, for the period from the filing of the notice

25-44  of intent to circulate the petition for recall [up to] through the day

26-1  the court determines that an election will not be held, [list] report

26-2  each contribution received [or] by the committee, and each

26-3  contribution made by the committee in excess of $100.

26-4      4.  Each report of contributions must be filed with the Secretary

26-5  of State. The committee may mail or transmit the report by regular

26-6  mail, certified mail [. If certified mail is used, the date of mailing] ,

26-7  facsimile machine or electronic means. A report shall be deemed

26-8  [the date of filing.] to be filed with the Secretary of State:

26-9      (a) On the date that it was mailed if it was sent by certified

26-10  mail; or

26-11     (b) On the date that it was received by the Secretary of State if

26-12  the report was sent by regular mail, transmitted by facsimile

26-13  machine or electronic means, or delivered personally.

26-14     5.  The name and address of the contributor and the date on

26-15  which the contribution was received must be included on the [list]

26-16  report for each contribution, whether from or to a natural person,

26-17  association or corporation, in excess of $100 and contributions

26-18  which a contributor or the committee has made cumulatively in

26-19  excess of that amount since the beginning of the [first] current

26-20  reporting period. [The form designed and provided by the Secretary

26-21  of State for the reporting of contributions pursuant to this section

26-22  must be designed to be used by the committee to record in the form

26-23  of a list each contribution as it is received or made.]

26-24     Sec. 12.  NRS 294A.280 is hereby amended to read as follows:

26-25     294A.280  1.  Except as otherwise provided in subsection 3,

26-26  each committee for the recall of a public officer shall, not later than:

26-27     (a) Seven days before the special election to recall a public

26-28  officer, for the period from the filing of the notice of intent to

26-29  circulate the petition for recall [up to] through 12 days before the

26-30  special election; and

26-31     (b) Thirty days after the election, for the remaining period [up

26-32  to] through the election,

26-33  [list] report each expenditure made by the committee in excess of

26-34  $100 on [a] the form designed and provided by the Secretary of

26-35  State [and] pursuant to section 1 of this act. The form must be

26-36  signed by a representative of the committee under penalty of

26-37  perjury.

26-38     2.  If a petition for the purpose of recalling a public officer is

26-39  not filed before the expiration of the notice of intent, the committee

26-40  for the recall of a public officer shall, not later than 30 days after the

26-41  expiration of the notice of intent, [list] report each expenditure made

26-42  by the committee in excess of $100.

26-43     3.  If a court does not order a special election for the recall of

26-44  the public officer, the committee for the recall of a public officer

27-1  shall, not later than 30 days after the court determines that an

27-2  election will not be held, for the period from the filing of the notice

27-3  of intent to circulate the petition for recall [up to] through the day

27-4  the court determines that an election will not be held, [list] report

27-5  each expenditure made by the committee in excess of $100.

27-6      4.  [The report must also include identification of expenditures

27-7  which the committee for the recall of a public officer made

27-8  cumulatively in excess of $100 since the beginning of the first

27-9  reporting period.

27-10     5.] Each report of expenditures must be filed with the Secretary

27-11  of State. The committee may mail or transmit the report to the

27-12  Secretary of State by regular mail, certified mail [. If certified mail

27-13  is used, the date of mailing] , facsimile machine or electronic

27-14  means. A report shall be deemed [the date of filing.

27-15     6.  The form designed and provided by the Secretary of State

27-16  for the reporting of expenditures pursuant to this section must be

27-17  designed to be used by a committee to record in the form of a list

27-18  each expenditure as it is made.] to be filed with the Secretary of

27-19  State:

27-20     (a) On the date that it was mailed if it was sent by certified

27-21  mail; or

27-22     (b) On the date that it was received by the Secretary of State if

27-23  the report was sent by regular mail, transmitted by facsimile

27-24  machine or electronic means, or delivered personally.

27-25     Sec. 13.  NRS 294A.360 is hereby amended to read as follows:

27-26     294A.360  1.  Every candidate for city office [where the] at a

27-27  primary city election or general city election [is preceded by a

27-28  primary city election] shall file the reports in the manner required by

27-29  NRS 294A.120[, 294A.200 and 294A.350] and 294A.200 for other

27-30  offices not later than January 15 of each year, for the period from

27-31  January 1 of the previous year through December 31 of the

27-32  previous year. The provisions of this subsection apply to the

27-33  candidate:

27-34     (a) Beginning the year of the general city election for that

27-35  office through the year immediately preceding the next general

27-36  city election for that office; and

27-37     (b) Each year immediately succeeding a calendar year during

27-38  which the candidate disposes of contributions pursuant to

27-39  NRS 294A.160.

27-40     2.  Every candidate for city office at a primary city election or

27-41  general city election, if the general city election for the office for

27-42  which he is a candidate is held on or after January 1 and before

27-43  the July 1 immediately following that January 1, shall file the

28-1  reports in the manner required by NRS 294A.120 and 294A.200

28-2  for other offices not later

28-3  than:

28-4      (a) Seven days before the primary city election[,] for that

28-5  office, for the period from [30 days after the last election for that

28-6  office up to] the January 1 immediately preceding the primary city

28-7  election through 12 days before the primary city election;

28-8      (b) Seven days before the general city election[, whether or not

28-9  the candidate won the primary city election,] for that office, for the

28-10  period from [12] 11 days before the primary city election [up to]

28-11  through 12 days before the general city election; and

28-12     (c) [The 15th day of the second month after the general city

28-13  election, for the remaining period up to 30 days after the general city

28-14  election.

28-15     2.  Every] July 15 of the year of the general city election for

28-16  that office, for the period from 11 days before the general city

28-17  election through the June 30 of that year.

28-18     3.  Every candidate for city office at a primary city election or

28-19  general city election, if the general city election for the office for

28-20  which he is a candidate is held on or after July 1 and before the

28-21  January 1 immediately following that July 1, shall file the reports

28-22  in the manner required by NRS 294A.120 and 294A.200 for other

28-23  offices not later than:

28-24     (a) Seven days before the primary city election for that office,

28-25  for the period from the January 1 immediately preceding the

28-26  primary city election through 12 days before the primary city

28-27  election; and

28-28     (b) Seven days before the general city election for that office,

28-29  for the period from 11 days before the primary city election

28-30  through 12 days before the general city election.

28-31     4.  Except as otherwise provided in subsection 5, every

28-32  candidate for city office [where there is no primary city] at a special

28-33  election shall so file those reports:

28-34     (a) Seven days before the [general city] special election, for the

28-35  period from [30 days after the last election for that office up to] his

28-36  nomination through 12 days before the [general city] special

28-37  election; and

28-38     (b) [The 15th day of the second month] Thirty days after the

28-39  [general city] special election, for the remaining period [up to 30

28-40  days after the general city election.

28-41     3.  The city clerk shall design the form for each report a

28-42  candidate for city office is required to file pursuant to NRS

28-43  294A.120 and 294A.200. The form designed and provided by the

28-44  city clerk for the reporting of campaign contributions and campaign

29-1  expenses pursuant to this section must be designed to be used to

29-2  record in the form of a list each campaign contribution as it is made

29-3  and each campaign expense in excess of $100 as it is incurred.

29-4  The city clerk shall submit the form to the Secretary of State for

29-5  approval. The city clerk shall not use such a form until it is

29-6  approved.] through the special election.

29-7      5.  Every candidate for city office at a special election to

29-8  determine whether a public officer will be recalled shall so file

29-9  those reports 30 days after:

29-10     (a) The special election, for the period from the filing of the

29-11  notice of intent to circulate the petition for recall through the

29-12  special election; or

29-13     (b) If the special election is not held because a district court

29-14  determines that the petition for recall is legally insufficient

29-15  pursuant to subsection 5 of NRS 306.040, for the period from the

29-16  filing of the notice of intent to circulate the petition for recall

29-17  through the date of the district court’s decision.

29-18     Sec. 14.  NRS 294A.362 is hereby amended to read as follows:

29-19     294A.362 1.  In addition to [filing the forms designed and

29-20  provided by the Secretary of State] reporting information pursuant

29-21  to NRS 294A.120, 294A.125 [and 294A.200, or the forms designed

29-22  and provided by a city clerk pursuant to NRS 294A.360, as

29-23  appropriate,] , 294A.200 and 294A.360, each candidate who is

29-24  required to file a report of campaign contributions and expenses

29-25  pursuant to NRS 294A.120, 294A.125, 294A.200 or 294A.360 shall

29-26  [file a separate form relating only to] report on the form designed

29-27  and provided by the Secretary of State pursuant to section 1 of this

29-28  act goods and services provided in kind for which money would

29-29  otherwise have been paid. The candidate shall list on the form each

29-30  such campaign contribution in excess of $100 that he receives

29-31  during the reporting period, each such campaign contribution

29-32  from a contributor received during the reporting period which

29-33  cumulatively exceeds $100, and each such expense in excess of

29-34  $100 he incurs during the reporting period.

29-35     2.  [The Secretary of State shall design the form described in

29-36  subsection 1 for each candidate who is required to use the form to

29-37  file a report pursuant to NRS 294A.120, 294A.125 or 294A.200.

29-38  The city clerk shall design the form described in subsection 1 for

29-39  each candidate who is required to use the form to file a report

29-40  pursuant to NRS 294A.360. The city clerk shall submit the form to

29-41  the Secretary of State for approval. The city clerk shall not use such

29-42  a form until it is approved. The Secretary of State and each city

29-43  clerk shall design the format of the form described in subsection 1

29-44  so that a candidate who uses the form may record in the form a list

30-1  of each such campaign contribution as the contribution is received

30-2  and expense in excess of $100 as it is incurred.

30-3      3.] The Secretary of State and each city clerk shall not require a

30-4  candidate to list the campaign contributions and expenses described

30-5  in this section on any form other than [a form designed and provided

30-6  pursuant to this section.

30-7      4.  Upon request, the Secretary of State shall provide a copy of

30-8  the form described in subsection 1 to each candidate who is required

30-9  to file a report of his campaign contributions and expenses pursuant

30-10  to NRS 294A.120, 294A.125 or 294A.200. Upon request, each city

30-11  clerk shall provide a copy of the form described in subsection 1 to

30-12  each candidate who is required to file a report of his campaign

30-13  contributions and expenses pursuant to NRS 294A.360.] the form

30-14  designed and provided by the Secretary of State pursuant to

30-15  section 1 of this act.

30-16     Sec. 15.  NRS 294A.365 is hereby amended to read as follows:

30-17     294A.365  1.  Each report of expenditures required pursuant to

30-18  NRS 294A.210, 294A.220 and 294A.280 must consist of a list of

30-19  [the expenditures] each expenditure in excess of $100 that was

30-20  made during the periods for reporting. Each report of expenses

30-21  required pursuant to NRS 294A.125 and 294A.200 must consist of a

30-22  list of each expense in excess of $100 that was incurred during the

30-23  periods for reporting. The list in each report must state the category

30-24  and amount of the expense or expenditure and the date on which the

30-25  expense was incurred or the expenditure was made.

30-26     2.  The categories of expense or expenditure for use on the

30-27  report of expenses or expenditures are:

30-28     (a) Office expenses;

30-29     (b) Expenses related to volunteers;

30-30     (c) Expenses related to travel;

30-31     (d) Expenses related to advertising;

30-32     (e) Expenses related to paid staff;

30-33     (f) Expenses related to consultants;

30-34     (g) Expenses related to polling;

30-35     (h) Expenses related to special events;

30-36     (i) Except as otherwise provided in NRS 294A.362, goods and

30-37  services provided in kind for which money would otherwise have

30-38  been paid; and

30-39     (j) Other miscellaneous expenses.

30-40     3.  [The Secretary of State and each city clerk shall not require a

30-41  candidate to provide separately the total amount of each category of

30-42  expenses described in this section.] Each report of expenses or

30-43  expenditures described in subsection 1 must list the disposition of

31-1  any unspent campaign contributions using the categories set forth

31-2  in subsection 2 of NRS 294A.160.

31-3      Sec. 16.  (Deleted by amendment.)

31-4      Sec. 17.  NRS 294A.390 is hereby amended to read as follows:

31-5      294A.390  The officer from whom a candidate or entity

31-6  requests a form for:

31-7      1.  A declaration of candidacy;

31-8      2.  An acceptance of candidacy;

31-9      3.  The registration of a committee for political action pursuant

31-10  to NRS 294A.230 or a committee for the recall of a public officer

31-11  pursuant to NRS 294A.250; or

31-12     4.  The reporting of campaign contributions, expenses or

31-13  expenditures pursuant to NRS 294A.120, 294A.140, 294A.150,

31-14  [294A.180,] 294A.200, 294A.210, 294A.220, 294A.270, 294A.280

31-15  or 294A.360,

31-16  shall furnish the candidate with the necessary forms for reporting

31-17  and copies of the regulations adopted by the Secretary of State

31-18  pursuant to this chapter. An explanation of the applicable provisions

31-19  of NRS 294A.100, 294A.120, 294A.140, 294A.150, [294A.180,]

31-20  294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360

31-21  relating to the making, accepting or reporting of campaign

31-22  contributions, expenses or expenditures and the penalties for a

31-23  violation of those provisions as set forth in NRS 294A.100 or

31-24  294A.420 must be [printed on the forms.] developed by the

31-25  Secretary of State and provided upon request. The candidate or

31-26  entity shall acknowledge receipt of the material.

31-27     Sec. 18.  NRS 294A.420 is hereby amended to read as follows:

31-28     294A.420  1.  If the Secretary of State receives information

31-29  that a person or entity that is subject to the provisions of NRS

31-30  294A.120, 294A.140, 294A.150, [294A.180,] 294A.200, 294A.210,

31-31  294A.220, 294A.230, 294A.270, 294A.280 or 294A.360 has not

31-32  filed a report or form for registration pursuant to the applicable

31-33  provisions of those sections, the Secretary of State may, after giving

31-34  notice to that person or entity, cause the appropriate proceedings to

31-35  be instituted in the First Judicial District Court.

31-36     2.  Except as otherwise provided in this section, a person or

31-37  entity that violates an applicable provision of NRS 294A.112,

31-38  294A.120, 294A.130, 294A.140, 294A.150, 294A.160, [294A.170,

31-39  294A.180,] 294A.200, 294A.210, 294A.220, 294A.230, 294A.270,

31-40  294A.280, 294A.300, 294A.310, 294A.320 or 294A.360 is subject

31-41  to a civil penalty of not more than $5,000 for each violation and

31-42  payment of court costs and attorney’s fees. The civil penalty must

31-43  be recovered in a civil action brought in the name of the State of

31-44  Nevada by the Secretary of State in the First Judicial District Court

32-1  and deposited by the Secretary of State for credit to the State

32-2  General Fund in the bank designated by the Treasurer.

32-3      3.  If a civil penalty is imposed because a person or entity has

32-4  reported its contributions, expenses or expenditures after the date

32-5  the report is due, the amount of the civil penalty is:

32-6      (a) If the report is not more than 7 days late, $25 for each day

32-7  the report is late.

32-8      (b) If the report is more than 7 days late but not more than 15

32-9  days late, $50 for each day the report is late.

32-10     (c) If the report is more than 15 days late, $100 for each day the

32-11  report is late.

32-12     4.  For good cause shown, the Secretary of State may waive a

32-13  civil penalty that would otherwise be imposed pursuant to this

32-14  section. If the Secretary of State waives a civil penalty pursuant to

32-15  this subsection, the Secretary of State shall:

32-16     (a) Create a record which sets forth that the civil penalty has

32-17  been waived and describes the circumstances that constitute the

32-18  good cause shown; and

32-19     (b) Ensure that the record created pursuant to paragraph (a) is

32-20  available for review by the general public.

32-21     Sec. 19.  Chapter 281 of NRS is hereby amended by adding

32-22  thereto a new section to read as follows:

32-23     1.  Except as otherwise provided in subsection 2, if a public

32-24  officer who was appointed to the office for which he is serving is

32-25  entitled to receive compensation for serving in that office, he shall

32-26  file with the Commission a statement of financial disclosure, as

32-27  follows:

32-28     (a) A public officer appointed to fill the unexpired term of an

32-29  elected or appointed public officer shall file a statement of

32-30  financial disclosure within 30 days after his appointment.

32-31     (b) Each public officer appointed to fill an office shall file a

32-32  statement of financial disclosure on or before January 15 of each

32-33  year of the term, including the year the term expires.

32-34     2.  If a person is serving in a public office for which he is

32-35  required to file a statement pursuant to subsection 1, he may use

32-36  the statement he files for that initial office to satisfy the

32-37  requirements of subsection 1 for every other public office to which

32-38  he is appointed and in which he is also serving.

32-39     3.  A judicial officer who is appointed to fill the unexpired

32-40  term of a predecessor or to fill a newly created judgeship shall file

32-41  a statement of financial disclosure pursuant to the requirements of

32-42  Canon 4I of the Nevada Code of Judicial Conduct. Such a

32-43  statement of financial disclosure must include, without limitation,

33-1  all information required to be included in a statement of financial

33-2  disclosure pursuant to NRS 281.571.

33-3      4.  The Commission shall provide written notification to the

33-4  Secretary of State of the public officers who failed to file the

33-5  statements of financial disclosure required by subsection 1 or who

33-6  failed to file those statements in a timely manner. The notice must

33-7  be sent within 30 days after the deadlines set forth in subsection 1

33-8  and must include:

33-9      (a) The name of each public officer who failed to file his

33-10  statement of financial disclosure within the period before the

33-11  notice is sent;

33-12     (b) The name of each public officer who filed his statement of

33-13  financial disclosure after the deadlines set forth in subsection 1

33-14  but within the period before the notice is sent;

33-15     (c) For the first notice sent after the public officer filed his

33-16  statement of financial disclosure, the name of each public officer

33-17  who filed his statement of financial disclosure after the deadlines

33-18  set forth in subsection 1 but within the period before the notice is

33-19  sent; and

33-20     (d) For each public officer listed in paragraph (c), the date on

33-21  which the statement of financial disclosure was due and the date

33-22  on which the public officer filed the statement.

33-23     5.  In addition to the notice provided pursuant to subsection 4,

33-24  the Commission shall notify the Secretary of State of each public

33-25  officer who files a statement of financial disclosure more than 30

33-26  days after the deadlines set forth in subsection 1. The notice must

33-27  include the information described in paragraphs (c) and (d) of

33-28  subsection 4.

33-29     6.  A statement of financial disclosure shall be deemed to be

33-30  filed with the Commission:

33-31     (a) On the date that it was mailed if it was sent by certified

33-32  mail; or

33-33     (b) On the date that it was received by the Commission if the

33-34  statement was sent by regular mail, transmitted by facsimile

33-35  machine or electronic means, or delivered personally.

33-36     Sec. 20.  NRS 281.411 is hereby amended to read as follows:

33-37     281.411  NRS 281.411 to 281.581, inclusive, and section 19 of

33-38  this act may be cited as the Nevada Ethics in Government Law.

33-39     Sec. 21.  NRS 281.471 is hereby amended to read as follows:

33-40     281.471  The Commission shall:

33-41     1.  Adopt procedural regulations:

33-42     (a) To facilitate the receipt of inquiries by the Commission;

33-43     (b) For the filing of a request for an opinion with the

33-44  Commission;

34-1      (c) For the withdrawal of a request for an opinion by the person

34-2  who filed the request; and

34-3      (d) To facilitate the prompt rendition of opinions by the

34-4  Commission.

34-5      2.  Prescribe, by regulation, forms for the submission of

34-6  statements of financial disclosure and procedures for the

34-7  submission of statements of financial disclosure filed pursuant to

34-8  section 19 of this act and forms and procedures for the submission

34-9  of statements of acknowledgment filed by public officers pursuant

34-10  to NRS 281.552, maintain files of such statements and make the

34-11  statements available for public inspection.

34-12     3.  Cause the making of such investigations as are reasonable

34-13  and necessary for the rendition of its opinions pursuant to this

34-14  chapter.

34-15     4.  [Inform] Except as otherwise provided in section 19 of this

34-16  act, inform the Attorney General or district attorney of all cases of

34-17  noncompliance with the requirements of this chapter.

34-18     5.  Recommend to the Legislature such further legislation as the

34-19  Commission considers desirable or necessary to promote and

34-20  maintain high standards of ethical conduct in government.

34-21     6.  Publish a manual for the use of public officers and

34-22  employees that contains:

34-23     (a) Hypothetical opinions which are abstracted from opinions

34-24  rendered pursuant to subsection 1 of NRS 281.511, for the future

34-25  guidance of all persons concerned with ethical standards in

34-26  government;

34-27     (b) Abstracts of selected opinions rendered pursuant to

34-28  subsection 2 of NRS 281.511; and

34-29     (c) An abstract of the requirements of this chapter.

34-30  The Legislative Counsel shall prepare annotations to this chapter for

34-31  inclusion in the Nevada Revised Statutes based on the abstracts and

34-32  published opinions of the Commission.

34-33     Sec. 22.  NRS 281.552 is hereby amended to read as follows:

34-34     281.552 1.  Every public officer shall acknowledge that he

34-35  has received, read and understands the statutory ethical standards.

34-36  The acknowledgment must be on a form prescribed by the

34-37  Commission and must accompany the first statement of financial

34-38  disclosure that the public officer is required to file with the

34-39  Commission pursuant to section 19 of this act or the Secretary of

34-40  State pursuant to NRS 281.561.

34-41     2.  The Commission and the Secretary of State shall retain an

34-42  acknowledgment filed pursuant to this section for 6 years after the

34-43  date on which the acknowledgment was filed.

35-1      3.  Willful refusal to execute and file the acknowledgment

35-2  required by this section constitutes nonfeasance in office and is a

35-3  ground for removal pursuant to NRS 283.440.

35-4      Sec. 23. NRS 281.561 is hereby amended to read as follows:

35-5      281.561  1.  [Except as otherwise provided in subsection 2 or

35-6  3, if] If a candidate for public office will be entitled to receive

35-7  compensation for serving in the office that he is seeking or a

35-8  public officer who was elected to the office for which he is serving

35-9  is entitled to receive compensation for serving in [the office in

35-10  question,] that office, he shall file with the [Commission, and with

35-11  the officer with whom declarations of candidacy for the office in

35-12  question are filed,] Secretary of State a statement of financial

35-13  disclosure, as follows:

35-14     (a) A candidate for nomination, election or reelection to public

35-15  office shall file a statement of financial disclosure no later than the

35-16  10th day after the last day to qualify as a candidate for the office [.

35-17     (b) A public officer appointed to fill the unexpired term of an

35-18  elected public officer shall file a statement of financial disclosure

35-19  within 30 days after his appointment.

35-20     (c) Every public officer, whether appointed or elected,] ; and

35-21     (b) Each public officer shall file a statement of financial

35-22  disclosure on or before [March 31] January 15 of each year of the

35-23  term, including the year the term expires.

35-24     [(d) A public officer who leaves office on a date other than the

35-25  expiration of his term or anniversary of his appointment or election,

35-26  shall file a statement of financial disclosure within 60 days after

35-27  leaving office.

35-28     2.  A statement filed pursuant to one of the paragraphs of

35-29  subsection 1 may be used to satisfy the requirements of another

35-30  paragraph of subsection 1 if the initial statement was filed not more

35-31  than 3 months before the other statement is required to be filed.

35-32     3.  If a person is serving in a public office for which he is

35-33  required to file a statement pursuant to subsection 1, he may use the

35-34  statement he files for that initial office to satisfy the requirements of

35-35  subsection 1 for every other public office in which he is also

35-36  serving.

35-37     4.  A person may satisfy the requirements of subsection 1 by

35-38  filing with the Commission a copy of a statement of financial

35-39  disclosure that was filed pursuant to the requirements of a

35-40  specialized or local ethics committee if the form of the statement has

35-41  been approved by the Commission.

35-42     5.] 2. A candidate for judicial office or a judicial officer shall

35-43  file a statement of financial disclosure pursuant to the requirements

35-44  of Canon 4I of the Nevada Code of Judicial Conduct. Such a

36-1  statement of financial disclosure must include, without limitation,

36-2  all information required to be included in a statement of financial

36-3  disclosure pursuant to NRS 281.571.

36-4      3.  A statement of financial disclosure shall be deemed to be

36-5  filed with the Secretary of State:

36-6      (a) On the date that it was mailed if it was sent by certified

36-7  mail; or

36-8      (b) On the date that it was received by the Secretary of State if

36-9  the statement was sent by regular mail, transmitted by facsimile

36-10  machine or electronic means, or delivered personally.

36-11     4.  The statement of financial disclosure filed pursuant to this

36-12  section must be filed on the form prescribed by the Commission

36-13  pursuant to NRS 281.471.

36-14     5.  The Secretary of State shall prescribe, by regulation,

36-15  procedures for the submission of statements of financial

36-16  disclosure filed pursuant to this section, maintain files of such

36-17  statements and make the statements available for public

36-18  inspection.

36-19     Sec. 24.  NRS 281.573 is hereby amended to read as follows:

36-20     281.573 1.  Except as otherwise provided in subsection 2,

36-21  statements of financial disclosure required by the provisions of NRS

36-22  281.561 and 281.571 and section 19 of this act must be retained by

36-23  the Commission [,] or Secretary of State [, county clerk and city

36-24  clerk] for 6 years after the date of filing.

36-25     2.  For public officers who serve more than one term in either

36-26  the same public office or more than one public office, the period

36-27  prescribed in subsection 1 begins on the date of the filing of the last

36-28  statement of financial disclosure for the last public office held.

36-29     Sec. 25.  (Deleted by amendment.)

36-30     Sec. 26.  NRS 281.581 is hereby amended to read as follows:

36-31     281.581 1.  [A] If the Secretary of State receives information

36-32  that a candidate for public office or public officer [who fails to file]

36-33  has not filed his statement of financial disclosure in a timely manner

36-34  pursuant to NRS 281.561 or section 19 of this act, the Secretary of

36-35  State may, after giving notice to that person or entity, cause the

36-36  appropriate proceedings to be instituted in the First Judicial

36-37  District Court.

36-38     2.  Except as otherwise provided in this section, a candidate

36-39  for public office or public officer who fails to file his statement of

36-40  financial disclosure in a timely manner pursuant to NRS 281.561

36-41  or section 19 of this act is subject to a civil penalty of not more

36-42  than $5,000 for each violation and payment of court costs and

36-43  attorney’s fees. [Except as otherwise provided in subsection 3, the]

36-44  The civil penalty must be recovered in a civil action brought in the

37-1  name of the State of Nevada by the Secretary of State in the First

37-2  Judicial District Court and deposited by the Secretary of State for

37-3  credit to the State General Fund in the bank designated by the

37-4  State Treasurer.

37-5      3.  The amount of the civil penalty is:

37-6      (a) If the statement is filed not more than 7 days late, $25 for

37-7  each day the statement is late.

37-8      (b) If the statement is filed more than 7 days late but not more

37-9  than 15 days late, [$175 for the first 7 days, plus] $50 for each

37-10  [additional] day the statement is late.

37-11     (c) If the statement is filed more than 15 days late, [$575 for the

37-12  first 15 days, plus] $100 for each [additional] day the statement is

37-13  late.

37-14     [2.  The Commission may, for]

37-15     4.  For good cause shown, the Secretary of State may waive

37-16  [or reduce the civil penalty.

37-17     3.  The civil penalty imposed for a violation of this section must

37-18  not exceed the annual compensation for the office for which the

37-19  statement was filed.

37-20     4.  The civil penalty must be recovered in a civil action brought

37-21  in the name of the State of Nevada by the Commission in a court of

37-22  competent jurisdiction and deposited by the Commission in the

37-23  account for credit to the State General Fund in the bank designated

37-24  by the State Treasurer.

37-25     5.  If the Commission] a civil penalty that would otherwise be

37-26  imposed pursuant to this section. If the Secretary of State waives a

37-27  civil penalty pursuant to [subsection 2, the Commission] this

37-28  subsection, the Secretary of State shall:

37-29     (a) Create a record which sets forth that the civil penalty has

37-30  been waived and describes the circumstances that constitute the

37-31  good cause shown; and

37-32     (b) Ensure that the record created pursuant to paragraph (a) is

37-33  available for review by the general public.

37-34     Sec. 27.  NRS 294A.170 and 294A.180 are hereby repealed.

37-35     Sec. 28.  The statement of financial disclosure required to be

37-36  filed on or before January 15, 2004, by a public officer with the

37-37  Secretary of State pursuant to the amendatory provisions of NRS

37-38  281.561 must cover the period from the last statement of financial

37-39  disclosure filed by the public officer through December 31, 2003.

37-40     Sec. 28.5.  A financial disclosure statement filed with a county

37-41  clerk or city clerk before January 1, 2004, must be retained by the

37-42  county clerk or city clerk for 6 years after the date of filing.

 

 

38-1      Sec. 29.  This act becomes effective on January 1, 2004.

 

38-2  TEXT OF REPEALED SECTIONS

 

38-3      294A.170  Candidate to offer to return unspent

38-4  contributions received before filing of declaration of candidacy

38-5  for different office; disposition of unreturned contributions.  If

38-6  a candidate for state, district, county, city or township office files a

38-7  declaration of candidacy for an office which is different from the

38-8  office which:

38-9      1.  He previously and publicly intended to seek; or

38-10     2.  He held immediately preceding his declaration of candidacy,

38-11  he shall make a reasonable effort to notify the persons who

38-12  contributed money to his campaign before he filed his declaration of

38-13  candidacy and return the unspent portion of those contributions if so

38-14  requested. Any contributions not returned must be used in his

38-15  campaign or must be disposed of in the manner provided in

38-16  NRS 294A.160.

38-17     294A.180  Candidate or elected public officer to file report

38-18  relating to disposition of unspent contributions; procedure for

38-19  reporting.

38-20     1.  Each candidate for a state, district, county, city or township

38-21  office who is not elected to that office shall, not later than the 15th

38-22  day of the second month after his defeat, file a report with the

38-23  Secretary of State stating the amount of contributions which he

38-24  received for that campaign but did not spend and the disposition of

38-25  those unspent contributions.

38-26     2.  Each public officer who is elected to a state, district, county,

38-27  city or township office shall file a report:

38-28     (a) Not later than the 15th day of the second month after his

38-29  election, stating the amount of campaign contributions which he

38-30  received but did not spend and the amount, if any, of those unspent

38-31  contributions disposed of pursuant to subsections 2 and 6 of NRS

38-32  294A.160 as of the last day of the first month after his election;

38-33     (b) Not later than January 15th of each year of his term

38-34  beginning the year after he filed the report required by paragraph

38-35  (a), stating the amount, if any, of those unspent contributions

38-36  disposed of pursuant to NRS 294A.160 during the period from the

38-37  last date covered by his last report through December 31 of the

38-38  immediately preceding year and the manner in which they were

38-39  disposed of; and

39-1      (c) Not later than the 15th day of the second month after he no

39-2  longer holds that office, stating the amount and disposition of any

39-3  remaining unspent contributions.

39-4      3.  The reports required by subsections 1 and 2 must be

39-5  submitted on a form designed and provided by the Secretary of State

39-6  and signed by the candidate or public officer under penalty of

39-7  perjury.

39-8      4.  A public officer filing a report pursuant to subsection 2:

39-9      (a) Shall file the report with the officer with whom he filed his

39-10  declaration of candidacy or acceptance of candidacy.

39-11     (b) May file the report by certified mail. If certified mail is used,

39-12  the date of mailing shall be deemed the date of filing.

39-13     5.  A county clerk who receives from a legislative or judicial

39-14  officer, other than a justice of the peace or municipal judge, a report

39-15  pursuant to subsection 4 shall file a copy of the report with the

39-16  Secretary of State within 10 working days after he receives the

39-17  report.

 

39-18  H