Revises provisions relating to governmental administration. (BDR 24-483)

Existing law sets forth limitations on making, soliciting and accepting a campaign contribution for a primary election, a general election or a special election to recall a public officer. (Nev. Const. Art. 2, § 10; NRS 294A.100, 294A.115) Section 6.5 of this bill clarifies that these limits apply regardless of the number of candidates for the office at the primary or general election. Section 2.5 of this bill: (1) establishes a contribution limit of $5,000 for a special election that is not a special election to recall a public officer; and (2) sets forth the period during which such contributions may be made, solicited or accepted. Existing law provides that, except in certain circumstances, certain corporations and business organizations as well as labor unions are excluded from the definition of a “committee for political action.” (NRS 294A.0055) Section 6.3 of this bill revises the definition of a “committee for political action” to remove such exceptions, thereby excluding such entities from being considered a committee for political action under any circumstances. Existing law requires certain persons, committees for political action and political parties to report certain independent expenditures or other expenditures. (NRS 249A.210) Section 10.3 of this bill requires any entity excluded from the definition of “committee for political action” pursuant to section 6.3 that makes certain expenditures in excess of $1,000 to report such expenditures. Under existing law, it is unlawful for: (1) a candidate to spend money received as a contribution for the candidate's personal use; or (2) a public officer to spend unspent contributions for the public officer's personal use. (NRS 294A.160) Section 8.5 of this bill clarifies that these provisions do not prohibit a candidate or public officer from using contributions or unspent contributions, as applicable, to pay for any ordinary and necessary expense that is incurred in connection with the duties of a campaign or public office, as applicable. Existing law requires every candidate, not later than 1 week after receiving minimum contributions of $100, to open and maintain a separate account in a financial institution located in the United States for the deposit of any contributions received. (NRS 294A.130) Section 7 of this bill requires every candidate, except a public officer running for reelection, to also file with the Secretary of State a notice of intent to file for candidacy. Under existing law, if it appears that the provisions of law relating to campaign finance have been violated, the Secretary of State may: (1) conduct an investigation concerning the alleged violation and cause the appropriate proceedings to be instituted and prosecuted in the First Judicial District Court; or (2) refer the alleged violation to the Attorney General for investigation. The Attorney General is required to investigate and institute and prosecute the appropriate proceedings in the First Judicial District Court. (NRS 294A.410) Section 11 of this bill: (1) eliminates provisions relating to instituting any such proceedings in the First Judicial District Court; (2) authorizes the Office of the Secretary of State to conduct an investigation; (3) requires a person who receives a notice of an alleged violation to submit a response to the Office of the Secretary of State within 15 calendar days after receiving the notice, subject to certain exceptions; and (4) authorizes the Office of the Secretary of State to bring the matter before a hearing officer upon the expiration of such a period of time if the person does not submit such a response. Existing law authorizes a person who believes that any provisions of law relating to campaign finance have been violated to notify the Secretary of State, in writing, of the alleged violation. Under certain circumstances, the Secretary of State may conduct an investigation of the alleged violation. (NRS 294A.410) Section 11 provides instead that the Office of the Secretary of State may conduct such an investigation. Existing law authorizes, under certain circumstances, the Secretary of State to cause proceedings to be instituted in the First Judicial District Court to recover certain civil penalties for certain violations of provisions relating to campaign finance. (NRS 294A.420) Section 12 of this bill provides instead that the Secretary of State may, after notice and a hearing, impose certain administrative fines for certain violations relating to campaign finance. Section 4.5 of this bill sets forth certain powers and duties of the Secretary of State or certain officers or employees designated by the Secretary of State relating to investigations or proceedings relating to campaign finance. Section 4.5 also requires the Secretary of State or certain officers or employees designated by the Secretary of State to provide certain notice by certified mail to a person who is the subject of an investigation or proceeding if the Secretary of State or such an officer or employee intends to issue a subpoena for certain records to permit such a person to object to and seek issuance of a protective order against the subpoena. Sections 12 and 13.5 of this bill authorize the Secretary of State, for good cause, to reduce certain administrative fines and civil penalties relating to campaign finance and statements of financial disclosure. Sections 12 and 13.5 also: (1) authorize the Secretary of State to enter into payment agreements relating to administrative fines and civil penalties; and (2) require the Secretary of State to maintain on the Internet website of the Office of the Secretary of State a list of persons who have not paid within 90 days any such administrative fine or civil penalty. Section 10.5 of this bill makes a conforming change to provide that the Secretary of State may impose an administrative fine for certain violations.