Amendment No. 828

 

Senate Amendment to Assembly Bill No. 529  First Reprint                                                (BDR 24‑558)

Proposed by: Committee on Government Affairs

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:              Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend section 1, page 1, by deleting line 2 and inserting:

“adding thereto a new section to read as follows:

     1.  The Secretary of State shall design a single form to be used for all reports of campaign contributions and expenses or expenditures that are required to be filed pursuant to NRS 294A.120, 294A.125, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.360 and 294A.362. Upon request, the Secretary of State shall provide a copy of the form to each person, committee, political party and group that is required to file such reports.

     2.  The form designed pursuant to subsection 1 must include a space for each person, committee, political party or group completing the form to list:

     (a) The amount of cash on hand at the beginning of the reporting period;

     (b) The amount of cash on hand at the beginning of the reporting year;

     (c) The amount of cash on hand at the end of the reporting period;

     (d) The amount of cash on hand at the end of the reporting year;

     (e) A summary of the contributions received and the expenses or expenditures made by the person, committee, political party or group during only the current reporting period;

     (f) A summary of the contributions received and the expenses or expenditures made by the person, committee, political party or group during the reporting year, including the current and each previous reporting period during the reporting year;

     (g) Each campaign contribution in excess of $100 as it is received by the person, committee, political party or group during the reporting period and each contribution from a contributor which cumulatively exceeds $100 as it is received by the person, committee, political party or group during the reporting period; and

     (h) Each campaign expense or expenditure in excess of $100 as it is made by the person, committee, political party or group during the reporting period.”.

     Amend the bill as a whole by deleting sections 2 and 3 and adding:

     “Secs. 2 and 3.  (Deleted by amendment.)”.

     Amend sec. 4, page 10, by deleting lines 28 through 30 and inserting:

must be completed on [forms] the form designed and provided by the Secretary of State pursuant to section 1 of this [section and NRS 294A.362.] act. Each form must be”.

     Amend sec. 4, page 11, by deleting lines 1 and 2 and inserting:

must be completed on the form designed and provided by the Secretary of State pursuant to section 1 of this act. Each form must be signed by the”.

     Amend sec. 4, page 11, by deleting lines 16 through 18 and inserting:

must be completed on [forms] the form designed and provided by the Secretary of State pursuant to section 1 of this [section and NRS 294A.362.] act. Each form must be”.

     Amend sec. 4, page 11, by deleting lines 23 through 25 and inserting:

“that he receives on [forms] the form designed and provided by the Secretary of State pursuant to section 1 of this [section and NRS 294A.362,] act, and signed by the”.

     Amend sec. 4, page 11, by deleting lines 35 through 40 and inserting:

“the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail or transmit the report to that officer by regular mail, certified”.

     Amend sec. 4, pages 11 and 12, by deleting lines 44 and 45 on page 11 and lines 1 through 14 on page 12, and inserting:

   5.] to be filed with the officer:

     (a) On the date that it was mailed if it was sent by certified mail; or

     (b) On the date that it was received by the officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

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

     [6.] 8. The name and address of the contributor and the date on”.

     Amend the bill as a whole by adding a new section designated sec. 4.5, following sec. 4, to read as follows:

     “Sec. 4.5.  NRS 294A.125 is hereby amended to read as follows:

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

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

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

     2.  The reports required by subsection 1 must be submitted on [forms] the form designed and provided by the Secretary of State pursuant to [this section and NRS 294A.362.] section 1 of this act. Each form must be signed by the candidate under penalty of perjury.

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

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

     5.] The report must be filed:

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

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

          (2) On the date it was received by the officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

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

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

     Amend sec. 5, page 13, by deleting lines 29 through 31 and inserting:

must be completed on the form designed and provided by the Secretary of State [and shall sign the report] pursuant to section 1 of this act. The form must be signed by the person or a”.

     Amend sec. 5, page 14, by deleting lines 23 and 24 and inserting:

must be completed on the form designed and provided by the Secretary of State pursuant to section 1 of this act. The form must be signed by the”.

     Amend sec. 5, page 14, by deleting lines 41 and 42 and inserting:

must be completed on the form designed and provided by the Secretary of State pursuant to section 1 of this act. The form must be signed by the”.

     Amend sec. 5, page 15, by deleting lines 8 and 9 and inserting:

exceed $100. The report must be completed on the form designed and provided by the Secretary of State pursuant to section 1 of this act and signed by”.

     Amend sec. 5, page 15, by deleting line 23 and inserting:

clerk of that county;”.

     Amend sec. 5, page 15, by deleting line 25 and inserting:

that city; or”.

     Amend sec. 5, page 15, by deleting line 29 and inserting:

“officer by regular”.

     Amend sec. 5, page 15, by deleting lines 33 through 45 and inserting:

   4.] to be filed with the officer:

     (a) On the date that it was mailed if it was sent by certified mail; or

     (b) On the date that it was received by the officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

     9. Each county clerk or city clerk who receives a report pursuant to [subsection 3] this section shall file a copy of the report with the Secretary of State within 10 working days after he receives the report.”.

     Amend sec. 6, page 16, by deleting lines 16 and 17 and inserting:

$100. The report must be completed on the form designed and provided by the Secretary of State pursuant to section 1 of this act. The form must”.

     Amend sec. 6, page 17, by deleting lines 15 and 16 and inserting:

must be completed on the form designed and provided by the Secretary of State pursuant to section 1 of this act and”.

     Amend sec. 6, page 18, by deleting lines 15 and 16 and inserting:

must be completed on the form designed and provided by the Secretary of State pursuant to section 1 of this act. The form must be signed by the”.

     Amend sec. 6, page 18, by deleting lines 30 and 31 and inserting:

must be completed on the form designed and provided by the Secretary of State pursuant to section 1 of this act. The form must be signed by the”.

     Amend sec. 6, page 18, by deleting lines 37 and 38 and inserting:

contributions received on the form designed and provided by the Secretary of State pursuant to section 1 of this act and signed by the person or a”.

     Amend sec. 6, page 19, by deleting line 6 and inserting:

county clerk of that county;”.

     Amend sec. 6, page 19, by deleting line 8 and inserting:

clerk of that city; or”.

     Amend sec. 6, page 19, line 11, after “8.” by inserting:

A person may mail or transmit his report to the appropriate officer by regular mail, certified mail, facsimile machine or electronic means. A report shall be deemed to be filed with the officer:

     (a) On the date that it was mailed if it was sent by certified mail; or

     (b) On the date that it was received by the officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

     9.”.

     Amend sec. 6, page 19, by deleting lines 15 through 28 and inserting:

     “[4.] 10.  Each county clerk or city clerk who receives a report pursuant to [subsection 3] this section shall file a copy of the report with the Secretary of State within 10 working days after he receives the report.”.

     Amend sec. 8, page 21, by deleting lines 18 and 19 and inserting:

NRS 294A.160 during the period on the form designed and provided by the Secretary of State pursuant to section 1 of this act. The form must be signed”.

     Amend sec. 8, page 22, by deleting lines 5 through 7 and inserting:

“incurs during the period on [forms] the form designed and provided by the Secretary of State pursuant to section 1 of this [section and NRS 294A.362.] act. Each form must”.

     Amend sec. 8, page 22, by deleting lines 21 and 22 and inserting:

incurs during the period on the form designed and provided by the Secretary of State pursuant to section 1 of this act. The form must be signed by the”.

     Amend sec. 8, page 22, by deleting lines 34 through 36 and inserting:

“incurs during the period on [forms] the form designed and provided by the Secretary of State pursuant to section 1 of this [section and NRS 294A.362.] act. Each form must”.

     Amend sec. 8, page 22, by deleting lines 41 through 43 and inserting:

“expenses in excess of $100 that he incurs on [forms] the form designed and provided by the Secretary of State pursuant to section 1 of this [section and NRS 294A.362] act”.

     Amend sec. 8, page 23, by deleting lines 10 through 23 and inserting:

“officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail or transmit the report to that officer by regular mail, certified mail [. If certified mail is used, the date of mailing] , facsimile machine or electronic means. A report shall be deemed [the date of filing.

     5.] to be filed with the officer:

     (a) On the date that it was mailed if it was sent by certified mail; or

     (b) On the date that it was received by the officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

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

     [6.  The forms designed and provided by the Secretary of State”.

     Amend sec. 8, page 23, by deleting lines 26 through 36 and inserting:

each campaign expense as he incurs it.]”.

     Amend sec. 9, page 24, by deleting lines 8 and 9 and inserting:

in excess of $100 on the form designed and provided by the Secretary of State pursuant to section 1 of this act. The form must be signed by the”.

     Amend sec. 9, pages 24 and 25, by deleting lines 44 and 45 on page 24 and line 1 on page 25, and inserting:

in the group of candidates in excess of $100 on [forms] the form designed and provided by the Secretary of State [and] pursuant to section 1 of this act. The form must be signed by”.

     Amend sec. 9, page 25, by deleting lines 26 and 27 and inserting:

candidates in excess of $100 on the form designed and provided by the Secretary of State pursuant to section 1 of this act. The form must be signed by”.

     Amend sec. 9, page 25, by deleting lines 43 and 44 and inserting:

candidates in excess of $100 on the form designed and provided by the Secretary of State pursuant to section 1 of this act. The form must be signed by”.

     Amend sec. 9, page 26, by deleting lines 9 and 10 and inserting:

excess of $100 on the form designed and provided by the Secretary of State pursuant to section 1 of this act and signed by the person or a”.

     Amend sec. 9, page 26, by deleting line 31 and inserting:

clerk of that county;”.

     Amend sec. 9, page 26, by deleting line 33 and inserting:

that city; or”.

     Amend sec. 9, pages 26 and 27, by deleting lines 39 through 44 on page 26 and lines 1 through 3 on page 27, and inserting:

mail or transmit his report to the appropriate officer by regular mail, certified mail [. If certified mail is used, the date of mailing] , facsimile machine or electronic means. A report shall be deemed [the date of filing.

     4.] to be filed with the officer:

     (a) On the date that it was mailed if it was sent by certified mail; or

     (b) On the date that it was received by the officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

     9.  Each county clerk or city clerk who receives a report pursuant to [subsection 3]this section shall file a copy of the report with the Secretary of State within 10 working days after he receives the report.

     [5.  The forms designed and provided by the Secretary of State”.

     Amend sec. 9, page 27, by deleting lines 6 through 16 and inserting:

record in the form of a list each expenditure as it is made.]”.

     Amend sec. 10, page 27, by deleting lines 32 and 33 and inserting:

on the form designed and provided by the Secretary of State pursuant to section 1 of this act. The form must be signed by the person or a representative”.

     Amend sec. 10, page 28, by deleting lines 29 and 30 and inserting:

“on the form designed and provided by the Secretary of State pursuant to section 1 of this act and signed by the”.

     Amend sec. 10, page 29, by deleting lines 16 and 17 and inserting:

group of questions on the ballot in excess of $100 on the form designed and provided by the Secretary of State pursuant to section 1 of this act. The”.

     Amend sec. 10, page 29, by deleting lines 31 and 32 and inserting:

group of questions on the ballot in excess of $100 on the form designed and provided by the Secretary of State pursuant to section 1 of this act. The”.

     Amend sec. 10, page 29, by deleting lines 41 and 42 and inserting:

ballot in excess of $100 on the form designed and provided by the Secretary of State pursuant to section 1 of this act and signed by the person or a”.

     Amend sec. 10, page 30, by deleting line 20 and inserting:

county clerk of that county;”.

     Amend sec. 10, page 30, by deleting line 22 and inserting:

clerk of that city; or”.

     Amend sec. 10, page 30, by deleting lines 28 through 36 and inserting:

mail or transmit his report to the appropriate filing officer by regular mail, certified mail [. If certified mail is used, the date of mailing] , facsimile machine or electronic means. A report shall be deemed [the date of filing.

     4.] to be filed with the filing officer:

     (a) On the date that it was mailed if it was sent by certified mail; or

     (b) On the date that it was received by the filing officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

     9.  Each county clerk or city clerk who receives a report pursuant to[subsection 3]this section shall file a copy of the report with the Secretary of State within 10 working days after he receives the report.

     [5.  The form designed and provided by the Secretary of State”.

     Amend sec. 10, pages 30 and 31, by deleting lines 39 through 44 on page 30 and lines 1 and 2 on page 31, and inserting:

record in the form of a list each expenditure as it is made.]”.

     Amend sec. 11, page 31, by deleting lines 13 and 14 and inserting:

“excess of $100 on [a] the form designed and provided by the Secretary of State [and] pursuant to section 1 of this act. The form”.

     Amend sec. 12, page 32, by deleting lines 16 and 17 and inserting:

“$100 on [a] the form designed and provided by the Secretary of State [and] pursuant to section 1 of this act. The form must be signed”.

     Amend sec. 14, page 34, line 44, by deleting “[294A.125 and” and inserting “294A.125 [and”.

     Amend sec. 14, page 35, line 1, after “appropriate,]” by inserting “,”.

     Amend sec. 14, page 35, line 3, by deleting “[294A.125,]” and inserting “294A.125,”.

     Amend sec. 14, page 35, by deleting lines 4 and 5 and inserting:

“shall [file a separate form relating only to] report on the form designed and provided by the Secretary of State pursuant to section 1 of this act goods”.

     Amend sec. 14, page 35, by deleting line 8 and inserting:

“campaign contribution in excess of $100 that he receives during the reporting period, each such campaign contribution from a contributor received during the reporting period which cumulatively exceeds $100, and each such expense in excess of”.

     Amend sec. 14, page 35, by deleting line 33 and inserting:

designed and provided by the Secretary of State pursuant to section 1 of this act.”.

     Amend sec. 15, page 35, line 39, by deleting “[294A.125 and]” and inserting “294A.125 and”.

     Amend the bill as a whole by deleting sec. 16 and adding:

     “Sec. 16.  (Deleted by amendment.)”.

     Amend the bill as a whole by deleting sec. 21 and adding a new section designated sec. 21, following sec. 20, to read as follows:

     “Sec. 21.  NRS 281.471 is hereby amended to read as follows:

     281.471  The Commission shall:

     1.  Adopt procedural regulations:

     (a) To facilitate the receipt of inquiries by the Commission;

     (b) For the filing of a request for an opinion with the Commission;

     (c) For the withdrawal of a request for an opinion by the person who filed the request; and

     (d) To facilitate the prompt rendition of opinions by the Commission.

     2.  Prescribe, by regulation, forms for the submission of statements of financial disclosure and procedures for the submission of statements of financial disclosure filed pursuant to section 19 of this act and forms and procedures for the submission of statements of acknowledgment filed by public officers pursuant to NRS 281.552, maintain files of such statements and make the statements available for public inspection.

     3.  Cause the making of such investigations as are reasonable and necessary for the rendition of its opinions pursuant to this chapter.

     4.  [Inform] Except as otherwise provided in section 19 of this act, inform the Attorney General or district attorney of all cases of noncompliance with the requirements of this chapter.

     5.  Recommend to the Legislature such further legislation as the Commission considers desirable or necessary to promote and maintain high standards of ethical conduct in government.

     6.  Publish a manual for the use of public officers and employees that contains:

     (a) Hypothetical opinions which are abstracted from opinions rendered pursuant to subsection 1 of NRS 281.511, for the future guidance of all persons concerned with ethical standards in government;

     (b) Abstracts of selected opinions rendered pursuant to subsection 2 of NRS 281.511; and

     (c) An abstract of the requirements of this chapter.

FLUSH

 
The Legislative Counsel shall prepare annotations to this chapter for inclusion in the Nevada Revised Statutes based on the abstracts and published opinions of the Commission.”.

     Amend sec. 22, page 41, by deleting lines 30 and 31, and inserting:

“Commission pursuant to section 19 of this act or the Secretary of State pursuant to NRS 281.561.”.

     Amend sec. 23, pages 41 and 42, by deleting lines 44 and 45 on page 41 and line 1 on page 45, and inserting:

question,] that office, he shall file with the [Commission, and with the officer with whom declarations of candidacy for the office in question are filed,] Secretary of State a statement of”.

     Amend sec. 23, page 42, by deleting lines 4 and 5 and inserting:

“office shall file a statement of financial disclosure no later than the 10th day after the last day to qualify as a candidate for the office [.”.

     Amend sec. 23, page 42, by deleting lines 9 through 11 and inserting:

     “(c) Every public officer, whether appointed or elected,] ; and”.

     Amend sec. 23, page 43, by deleting lines 2 through 6 and inserting:

section must be filed on the form prescribed by the Commission pursuant to NRS 281.471.

     5.  The Secretary of State shall prescribe, by regulation, procedures for the submission of statements of financial disclosure filed pursuant to this section, maintain files of such statements and make the statements available for public inspection.”.

     Amend sec. 24, page 43, by deleting line 11 and inserting:

“the Commission [,] or Secretary of State [, county clerk and city clerk] for 6”.

     Amend the bill as a whole by deleting sec. 25 and adding:

     “Sec. 25.  (Deleted by amendment.)”.

     Amend sec. 27, page 44, line 29, by deleting “294A.125,”.

     Amend the bill as a whole by adding a new section designated sec. 28.5 following sec. 28, to read as follows:

     “Sec. 28.5.  A financial disclosure statement filed with a county clerk or city clerk before January 1, 2004, must be retained by the county clerk or city clerk for 6 years after the date of filing.”.

     Amend the text of repealed sections by deleting the text of NRS 294A.125.

     Amend the title of the bill, by deleting the first through sixth lines and inserting:

“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”.