Referred to Committee on Elections, Procedures, and Ethics
SUMMARY--Makes various changes relating to campaign practices. (BDR 24-152)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to campaign practices; requiring a person who furnishes services as an in-kind contribution to provide a written statement declaring the cost or fair market value of those services; providing that a candidate, committee for political action, committee sponsored by a political party, political party and certain other persons and groups are not required to report a contribution received if that contribution is returned within a certain period; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 294A of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2 1. A person who makes a contribution, in the form of services provided in kind for which money would have otherwise been paid, to a:
(a) Candidate;
(b) Committee for political action, political party or committee sponsored by a political party;
(c) A person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of that candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group;
(d) Person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot; or
(e) Committee for the recall of a public officer,
shall, within 30 days after the time he furnishes those services, provide to the recipient a statement signed by the provider that sets forth the actual cost of those services or, if that amount cannot be determined, the fair market value of those services.
2. A candidate, committee, political party or other person shall include the amount set forth in the statement provided pursuant to subsection 1 in the report required to be filed pursuant to the provisions of NRS 294A.120, 294A.140, 294A.150, 294A.270 or 294A.360 or section 14 of Senate Bill No. 215 of this session, unless the candidate, committee, political party or other person knows or should have known that the amount is not accurate.
3. If a candidate, committee, political party or other person knows or should have known that the amount set forth in the statement provided pursuant to subsection 1 is not accurate, he shall include in the report required to be filed pursuant to the provisions of NRS 294A.120, 294A.140, 294A.150, 294A.270 or 294A.360 or section 14 of Senate Bill No. 215 of this session, the amount that he determines is the actual cost of the services or, if he cannot determine the actual cost, the fair market value of the services.
Sec. 3. 1. Except as otherwise provided in subsection 3, any:
(a) Candidate;
(b) Representative of a committee for political action, committee sponsored by a political party or political party;
(c) Person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of the candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group;
(d) Person or the representative of a group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at any election; or
(e) Representative of a committee for the recall of a public officer,
who returns a contribution within 14 days after he or any person who is authorized to receive contributions on his behalf receives the contribution, is not required to report that contribution pursuant to the provisions of NRS 294A.120, 294A.140, 294A.150, 294A.270 or 294A.360 or section 14 of Senate Bill No. 215 of this session.
2. If a person returns a contribution more than 14 days after he or any person who is authorized to receive contributions on his behalf receives the contribution:
(a) He shall report it as a contribution pursuant to the provisions of NRS 294A.120, 294A.140, 294A.150, 294A.270 or 294A.360 or section 14 of Senate Bill No. 215 of this session; and
(b) The return of the contribution shall be deemed a campaign expense and must be reported as such pursuant to the provisions of NRS 294A.200, 294A.210, 294A.220, 294A.280 or 294A.360 or section 14 of Senate Bill No. 215 of this session.
3. A person described in subsection 1 who does not have personal knowledge of a contribution that is received by a person who is authorized to receive contributions on his behalf until more than 14 days after the contribution is received is not required to report that contribution pursuant to the provisions of NRS 294A.120, 294A.140, 294A.150, 294A.270 or 294A.360 or section 14 of Senate Bill No. 215 of this session if he:
(a) Returns the contribution within 14 days after he has personal knowledge of the contribution; and
(b) Includes in the next report he submits pursuant to the provisions of NRS 294A.120, 294A.140, 294A.150, 294A.270 or 294A.360 or section 14 of Senate Bill No. 215 of this session an affidavit signed by him under penalty of perjury attesting that he:
(1) Did not have personal knowledge of the contribution until more than 14 days after a person authorized to receive contributions on his behalf received the contribution; and
(2) Returned the contribution within 14 days after he had personal knowledge of the receipt of the contribution.
Sec. 4. For the purpose of determining the period for which a contribution must be reported pursuant to the provisions of NRS 294A.120, 294A.140, 294A.150, 294A.270 or 294A.360 or section 14 of Senate Bill No. 215 of this session, a contribution shall be deemed to have been received 14 days after a person described in subsection 1 of section 3 of this act or any person who is authorized to accept contributions on behalf of that person has knowledge of and actual physical possession of the contribution. The date on a check or other negotiable instrument is not conclusive evidence of the date of the receipt of a contribution.
Sec. 5. NRS 294A.007 is hereby amended to read as follows:
294A.0071. "Contribution" means a gift, loan, conveyance, deposit, payment, transfer or distribution of money or of anything of value other than the services of a volunteer, and includes:
(a) The payment by any person, other than a candidate, of compensation for the personal services of another person which are rendered to a:
(1) Candidate;
(2) Person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of the candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group;
(3) Committee for political action, political party or committee sponsored by a political party which makes an expenditure on behalf of a candidate or group of candidates; or
(4) Person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot,
without charge to the candidate, person, committee or political party.
(b) The value of services provided in kind for which money would have otherwise been paid, such as paid polling and resulting data, paid direct mail, paid solicitation by telephone, any paid paraphernalia that was printed or otherwise produced to promote a campaign and the use of paid personnel to assist in a campaign.
2. The term "contribution" does not include the value of services provided by an employee of a:
(a) Political party; or
(b) Committee sponsored by a political party.
3. As used in this section, "volunteer" means a person who does not receive compensation of any kind, directly or indirectly, for the services he provides to a campaign.
Sec. 6. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
Sec. 7. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 8. Section 5 of this act becomes effective at 12:01 a.m. on October 1, 1997.