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- 83rd Session (2025)
Senate Bill No. 414–Senators Scheible, Cannizzaro;
Dondero Loop and Pazina
Joint Sponsor: Assemblymember Yeager
CHAPTER..........
AN ACT relating to governmental administration; requiring certain
state employees to file financial disclosure statements;
revising provisions governing financial disclosure s tatements
filed by certain public officers and candidates for public
office; defining the term “inaugural committee”; requiring an
inaugural committee to report certain contributions and
expenditures; requiring a candidate who is elected to a
constitutional office to report certain contributions and
expenditures for a certain period preceding the election and
preceding the next regular legislative session; prohibiting a
foreign national from making a contribution or commitment
to make a contribution to an i naugural committee; providing
a penalty; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
The Nevada Financial Disclosure Act requires certain public officers and
candidates for public office to disclose certain informa tion in financial disclosure
statements filed with the Secretary of State. (NRS 281.005, 281.5555 -281.581)
Section 1 .4 of this bill requires a state employee to file a financial disclosure
statement with the Secretary of State if the state employee: (1) is appointed to a
position of employment by a constitutional officer; (2) is in neither the classified or
unclassified service of this State; (3) serves at the pleasure of the constitutional
officer; and (4) is not otherwise a public officer . Section 1. 9 of this bill applies
certain existing civil penalties to such a state employee who willfully fails to file a
financial disclosure statement or willfully fails to file a financial disclosure
statement in a timely manner.
Section 1.7 of this bill provides that, for a state employee who serves more than
1 year in the same position of employment or more than one position of
employment for which a financial disclosure statement is required, the date of filing
of the last financial statement is the date which begins the period in which such
statements must be retained by the Secretary of State.
Section 1.8 of this bill requires each constitutional officer who appoints a state
employee who is required to file a financial disclosure statement to submit to the
Secretary of State a list of each such state employee appointed by the constitutional
officer. Sections 1 -1.35, 1.5 and 13 of this bill make additional conforming
changes to incorporate such public employees into the existing provisions of the
Act.
The Act requires the disclosure of : (1) the specific location and use of certain
real estate, other than a personal residence, located in this State or an adjacent state
in which the public officer, candidate or member of the public officer’s or
candidate’s household has a legal or beneficial interest and whose fair market value
is $2,500 or more ; and (2) each business entity with which the public officer or
candidate or member of the public officer’s or candidate’s household is involved as
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a holder of a class of stock or security representing 1 percent or more of the total
outstanding stock or securities issued by the business entity. (NRS 281.571)
Section 1.5 of this bill removes the requirement that only real estate located in this
State or an adjacent State be disclosed. Section 1.5 additionally requires the
disclosure of each: (1) business entity with which the public officer, state employee
or candidate or a member of the public officer’s , state employee’s or candidate’s
household is involved as a holder of a class of stock or security issued by the
business entity that is valued at $5,000 or more ; and (2) investment security, with
certain exceptions, held by the public officer, state employee or candidate that is
valued at more than $5,000.
Existing law requires certain persons who make independent expenditures and
certain committees for political action, political parties and committees sponsored
by a political party which receive certain contributions o r make certain
expenditures to report such contributions and expenditures. (NRS 294A.140,
294A.150, 294A.210, 294A.220, 294A.230) Section 5 of this bill requires an
inaugural committee to report certain contributions and expenditures. Section 4 of
this bill defines the term “inaugural committee.”
Existing law requires a candidate for office at a primary election or general
election to report certain contributions made during the election year. (NRS
294A.120) Section 6 of this bill requires a candidate who has been elected to a
constitutional office to report certain contributions and expenditures in relation to
the transition to the constitutional office. Section 3 of this bill defines the terms
“constitutional office” and “constitutional officer.”
Section 7 of this bill makes a conforming change to apply the terms defined in
sections 3 and 4 to certain provisions of law governing campaign practices.
Section 8 of this bill prohibits a foreign national from making a contribution or
a commitment to make a contribution to an inaugural committee.
Sections 9-12 of this bill make conforming changes to incorporate the
requirements of sections 5 and 6 into existing law governing campaign practices.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 281.5583 is hereby amended to read as
follows:
281.5583 1. “Educational or informational meeting, event or
trip” means any meeting, event or trip undertaken or attended by a
public officer , state employee or candidate if, in connection with
the meeting, event or trip:
(a) The public officer , state employee or candidate or a member
of the public officer’s , state employee’s or candidate’s household
receives anything of value to undertake or attend the mee ting, event
or trip from an interested person; and
(b) The public officer , state employee or candidate provides or
receives any education or information on matters relating to the
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legislative, administrative or political action of the public officer ,
state employee or the candidate if elected.
2. The term includes, without limitation, any reception,
gathering, conference, convention, discussion, forum, roundtable,
seminar, symposium, speaking engagement or other similar
meeting, event or trip with an e ducational or informational
component.
3. The term does not include:
(a) A meeting, event or trip undertaken or attended by a public
officer , state employee or candidate or a member of the public
officer’s , state employee’s or candidate’s household fo r personal
reasons or for reasons relating to any professional or occupational
license held by the public officer , state employee or candidate or
the member of the public officer’s , state employee’s or candidate’s
household, unless the public officer , state employee or candidate or
the member of the public officer’s , state employee’s or candidate’s
household participates as one of the primary speakers, instructors or
presenters at the meeting, event or trip.
(b) A meeting, event or trip undertaken or a ttended by a public
officer , state employee or candidate or a member of the public
officer’s , state employee’s or candidate’s household if the meeting,
event or trip is undertaken or attended as part of his or her bona fide
employment or service as an em ployee or independent contractor
and anything of value received by the public officer , state employee
or candidate or the member of the public officer’s , state employee’s
or candidate’s household for the meeting, event or trip or otherwise
paid for or re imbursed to the public officer , state employee or
candidate or the member of the public officer’s , state employee’s
or candidate’s household as part of his or her bona fide employment
or service as an employee or independent contractor.
(c) A meeting, event or trip excluded from the term “educational
or informational meeting, event or trip” as defined in
NRS 218H.045.
4. For the purposes of this section, “anything of value”
includes, without limitation, any actual expenses for food,
beverages, registration fees, travel or lodging provided or given to
or paid for the benefit of the public officer , state employee or
candidate or a member of the public officer’s , state employee’s or
candidate’s household or reimbursement for any such actual
expenses paid by the public officer , state employee or candidate or
a member of the public officer’s , state employee’s or candidate’s
household, if the expenses are incurred on a day during which the
public officer , state employee or candidate or a member of the
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public officer’s , state employee’s or candidate’s household
undertakes or attends the meeting, event or trip or during which the
public officer or candidate or a member of the public officer’s , state
employee’s or candidate’s household travels to or from the meeting,
event or trip.
Sec. 1.1. NRS 281.5585 is hereby amended to read as follows:
281.5585 1. “Gift” means any payment, conveyance, transfer,
distribution, deposit, advance, loan, forbearance, subscription,
pledge or rendering of money, services or anything else of value,
unless consideration of equal or greater value is received.
2. The term does not include:
(a) Any political contribution of money or services related to a
political campaign.
(b) Any com mercially reasonable loan made in the ordinary
course of business.
(c) Anything of value provided for an educational or
informational meeting, event or trip.
(d) Anything of value excluded from the term “gift” as defined
in NRS 218H.060.
(e) Any c eremonial gifts received for a birthday, wedding,
anniversary, holiday or other ceremonial occasion from a donor who
is not an interested person.
(f) Anything of value received from a person who is:
(1) Related to the public officer , state employee or
candidate, or to the spouse or domestic partner of the public officer ,
state employee or candidate, by blood, adoption, marriage or
domestic partnership within the third degree of consanguinity or
affinity; or
(2) A member of the public officer’s , state empl oyee’s or
candidate’s household.
(g) Anything of value received by a person as part of his or her
bona fide employment or service as an employee or independent
contractor or otherwise paid for or reimbursed to the person as part
of his or her bona fide em ployment or service as an employee or
independent contractor.
Sec. 1.2. NRS 281.5586 is hereby amended to read as follows:
281.5586 1. “Interested person” means a person who has a
substantial interest in the legislative, administrative or political
action of a public officer , state employee or a candidate if elected.
2. The term includes, without limitation:
(a) A lobbyist as defined in NRS 218H.080.
(b) A group of interested persons acting in concert, wh ether or
not formally organized.
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Sec. 1.3. NRS 281.5587 is hereby amended to read as follows:
281.5587 1. “Member of the public officer’s , state
employee’s or candidate’s household” means:
(a) The spouse or domestic partner of the public officer , state
employee or candidate;
(b) A relative who lives in the same home or dwelling as the
public officer , state employee or candidate; or
(c) A person, whether or not a relative, who:
(1) Lives in the same home or dwelling as the public officer ,
state employee or candidate and who is dependent on and receiving
substantial support from the public officer , state employee or
candidate;
(2) Does not live in the same home or dwelling as the public
officer , state emp loyee or candidate but who is dependent on and
receiving substantial support from the public officer , state
employee or candidate; or
(3) Lived in the same home or dwelling as the public officer ,
state employee or candidate for 6 months or more during the
immediately preceding calendar year or other period for which the
public officer , state employee or candidate is filing the financial
disclosure statement and who was dependent on and receiving
substantial support from the public officer , state emplo yee or
candidate during that period.
2. For the purposes of this section, “relative” means a person
who is related to the public officer , state employee or candidate, or
to the spouse or domestic partner of the public officer , state
employee or candida te, by blood, adoption, marriage or domestic
partnership within the third degree of consanguinity or affinity.
Sec. 1.35. NRS 281.5588 is hereby amended to read as
follows:
281.5588 1. Except as otherwise provided in NRS 281.572,
the Secretary of State shall provide access through a secure Internet
website for the purpose of filing financial disclosure statements to
each public officer , state employee or candidate who is required to
file electronically with the Secret ary of State a financial disclosure
statement pursuant to NRS 281.5555 to 281.581, inclusive.
2. A financial disclosure statement that is filed electronically
with the Secretary of State shall be deemed to be filed on the date
that it is filed electronically if it is filed not later than 11:59 p.m. on
that date.
Sec. 1.4. NRS 281.559 is hereby amended to read as follows:
281.559 1. Except as otherwise provided in this section and
NRS 281.572, [if a] each public officer who was appointed to the
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office for which the public officer is serving who is entitled to
receive annual compensation of $6,000 or more for serving in that
office , [or if the ] each public officer who was appointed to the
office of Legislat or [, the public officer ] and each state employee
who was appointed to a position of employment by a constitutional
officer, who is not in the classified or unclassified service of the
State, who serves at the pleasure of the constitutional officer and
who is not otherwise a public officer shall file electronically with
the Secretary of State a financial disclosure statement, as follows:
(a) A public officer or state employee appointed to fill the
unexpired term or position of an elected or appointed publi c officer
or state employee shall file a financial disclosure statement within
30 days after the public officer’s or state employee’s appointment.
(b) Each public officer or state employee appointed to fill an
office shall file a financial disclosure stat ement on or before
January 15 of:
(1) Each year of the term, including the year in which the
public officer or state employee leaves office [;] or his or her
position of employment, as applicable; and
(2) The year immediately following the year in which the
public officer or state employee leaves office [,] or his or her
position of employment, as applicable, unless the public officer or
state employee leaves office or his or her position of employment,
as applicable, before January 15 in the prior year.
2. Except as otherwise provided in subsection 3, the financial
disclosure statement that a public officer or state employee is
required to file pursuant to subsection 1 must disclose the required
information for the full calendar year immediately p receding the
date of filing.
3. If:
(a) A public officer or state employee is required to file a
financial disclosure statement within 30 days after his or her
appointment pursuant to paragraph (a) of subsection 1; and
(b) During the calendar year in w hich the public officer or state
employee was appointed, he or she did not serve in a public office
or position of employment that required the filing of a financial
disclosure statement pursuant to paragraph (b) of subsection 1 or
subsection 1 of NRS 281.561,
the public officer or state employee shall file a statement which
discloses the information required by subsections 5 and 6 of NRS
281.571 for the 30 days immediately preceding the date of his or her
appointment and which discloses the other informa tion required by
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NRS 281.571 for the full calendar year immediately preceding the
date of filing.
4. If a person is serving in a public office or is appointed by a
constitutional officer to a position of employment for which the
person is required to file a statement pursuant to subsection 1, the
person may use the statement the person files for that initial office
or position of employment, as applicable, to satisfy the
requirements of subsection 1 for every other public office or
position of employme nt, as applicable, to which the person is
appointed and in which the person is also serving [.] or employed,
as applicable.
5. A judicial officer who is appointed to fill the unexpired term
of a predecessor or to fill a newly created judgeship shall file a
financial disclosure statement pursuant to the requirements of the
Revised Nevada Code of Judicial Conduct. To the extent
practicable, such a statement must include, without limitation, all
information required to be included in a financial disclosu re
statement pursuant to NRS 281.571.
Sec. 1.5. NRS 281.571 is hereby amended to read as follows:
281.571 Each financial disclosure statement must contain the
following information concerning the public officer , state employee
or candidate:
1. The public officer’s , state employee’s or candidate’s length
of residence in the State of Nevada and the district in which the
public officer , state employee or candidate is registered to vote.
2. Each source of the public officer’s , state employee’s or
candidate’s income, or that of any member of the public officer’s ,
state employee’s or candidate’s household who is 18 years of age or
older. No listing of individual clients, customers or patients is
required, but i f that is the case, a general source such as
“professional services” must be disclosed.
3. A list of the specific location and particular use of real
estate, other than a personal residence:
(a) In which the public officer , state employee or candidate or a
member of the public officer’s , state employee’s or candidate’s
household has a legal or beneficial interest; and
(b) Whose fair market value is $2,500 or more . [; and
(c) That is located in this State or an adjacent state.]
4. The name of each creditor to whom the public officer , state
employee or candidate or a member of the public officer’s , state
employee’s or candidate’s household owes $5,000 or more, except
for:
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(a) A debt secured by a mortgage or deed of trust of real
property which is not required to be listed pursuant to subsection 3;
and
(b) A debt for which a security interest in a motor vehicle for
personal use was retained by the seller.
5. If the public officer , state employee or candidate has
undertaken or attended any educat ional or informational meetings,
events or trips during the immediately preceding calendar year or
other period for which the public officer , state employee or
candidate is filing the financial disclosure statement, a list of all
such meetings, events or trips, including:
(a) The purpose and location of the meeting, event or trip and
the name of the organization conducting, sponsoring, hosting or
requesting the meeting, event or trip;
(b) The identity of each interested person providing anything of
value to the public officer , state employee or candidate or a member
of the public officer’s , state employee’s or candidate’s household to
undertake or attend the meeting, event or trip; and
(c) The aggregate value of everything provided by those
interested persons to the public officer , state employee or candidate
or a member of the public officer’s , state employee’s or candidate’s
household to undertake or attend the meeting, event or trip.
6. If the public officer , state employee or candidate has
received any gifts in excess of an aggregate value of $200 from a
donor during the immediately preceding calendar year or other
period for which the public officer , state employee or candidate is
filing the financial disclosure statement, a list of all such g ifts,
including the identity of the donor and the value of each gift.
7. A list of each business entity with which the public officer ,
state employee or candidate or a member of the public officer’s ,
state employee’s or candidate’s household is involved as a trustee,
beneficiary of a trust, director, officer, owner in whole or in part,
limited or general partner, or holder of a class of stock or security
[representing] issued by the business entity that:
(a) Represents 1 percent or more of the total outstanding stock
or securities issued by the business entity [.] ; or
(b) Is valued at $5,000 or more.
8. A list which includes the name, a brief description and
amount of each investment security held by the public of ficer,
state employee or candidate or the spouse or domestic partner of
the public officer , state employee or candidate that is valued at
more than $5,000 , excluding any variable annuities or life
insurance product, including, without limitation, variable life
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insurance, variable universal life insurance, whole life insurance,
mutual funds, exchange traded funds, education investment
accounts, retirement investment accounts, government bonds and
cash or cash equivalent investments. No listing of individual
holdings within an investment security is required. Th e provisions
of this subsection shall not be deemed to require the disclosure of
any investment security held and administered under a trust,
tutorship, curatorship or other custodial instrument for any
person other than the public officer , state employee or candidate
or the spouse or domestic partner of the public officer , state
employee or candidate.
9. A list of all public offices or positions of employment
presently held by the public officer , state employee or candidate for
which this financial disclosure statement is required.
Sec. 1.6. NRS 281.572 is hereby amended to read as follows:
281.572 1. A public officer , state employee or candidate
who is required to file a financial disclosure statement with the
Secretary of State pursuant to NRS 281.559 or 281.561 is not
required to file the statement electronically if the public officer ,
state employee or candidate has on file with the Secretary of State
an affidavit which satisfies the requirements set forth in subsection 2
and which states that:
(a) The public officer , state employee or candidate does not
own or have the ability to access the technology necessary to file
electronically the financial disclosure statement; and
(b) The public officer , state employee or candidate does not
have the financial ability to purchase or obtain access to the
technology necessary to file electronically the financial disclosure
statement.
2. The affidavit described in subsection 1 must be:
(a) In the form prescribed by the Secretary of State and signed
under an oath to God or penalty of perjury. A public officer , state
employee or candidate who signs the affidavit under an oath to God
is subject to the same penalties as if the public officer , state
employee or candidate had signed the affidavit under penalty of
perjury.
(b) Except as otherwise provided in subsection 4, filed not less
than 15 days before the financial disclosure statement is required to
be filed.
3. A public officer , state employee or candidate who is not
required to file the financial disclosure statement electronically may
file the financial disclosure sta tement by transmitting the statement
by regular mail, certified mail, facsimile machine or personal
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delivery. A financial disclosure statement transmitted pursuant to
this subsection shall be deemed to be filed on the date that it was
received by the Secretary of State.
4. A person who is appointed to fill the unexpired term of an
elected or appointed public officer must file the affidavit described
in subsection 1 not later than 15 days after his or her appointment to
be exempted from the requirement of filing a financial disclosure
statement electronically.
Sec. 1.7. NRS 281.573 is hereby amended to read as follows:
281.573 1. Except as otherwise provided in subsection 2,
each financial disclosure statement required by the provisions of
NRS 281.5555 to 281.581, inclusive, must be retained by the
Secretary of State for 6 years after the date of filing.
2. For public officers who serve more than one term in either
the same public office or more than one public office, the period
prescribed in subsection 1 begins on the date of the filing of the last
financial disclosure statement for the last public office held.
3. For state employees who serve more than 1 year in the
same position of employment or more than one posi tion of
employment for which a financial disclosure statement is required
pursuant to NRS 281.559, the period prescribed in subsection 1
begins on the date of the filing of the last financial disclosure
statement for the last position of employment held.
Sec. 1.8. NRS 281.574 is hereby amended to read as follows:
281.574 1. A list of each public officer who is required to file
a financial disclosure statement must be submitted electronically to
the Secretary of State, in a form prescribed by the Secretary of State,
on or before December 1 of each year by:
(a) Each county clerk for all public officers of the county and
other local governments within the county other than cities;
(b) Each city clerk for all public officers of the city;
(c) The Director of the Legislative Counsel Bureau for all public
officers of the Legislative Branch; and
(d) The Director of the Department of Administration for all
public officers of the Executive Branch.
2. Each county clerk, or th e registrar of voters of the county if
one was appointed pursuant to NRS 244.164, and each city clerk
shall submit electronically to the Secretary of State, in a form
prescribed by the Secretary of State, a list of each candidate who
filed a declaration of candidacy with that officer within 10 days after
the last day to qualify as a candidate for the applicable office.
3. Each constitutional officer who appoints a state employee
who is required to file a financial disclosure pursuant to
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NRS 281.559 shall submit electronically to the Secretary of State,
in a form prescribed by the Secretary of State, on or before
December 1 of each year, a list of each state employee who was
appointed by the constitutional officer and is required to file a
financial disclosure statement pursuant to NRS 281.559.
Sec. 1.9. NRS 281.581 is hereby amended to read as follows:
281.581 1. If the Secretary of State receives information that
a public officer , state employee or candidate willfully fails to file a
financial disclosure statement or willfully fails to file a financial
disclosure statement in a timely manner pursuant to NRS 281.559,
281.561 or 281.572, the Secretary of State may, after giving notice
to the public officer , state employee or candidate, cause the
appropriate proceedings to be instituted in the First Judicial District
Court.
2. Except as otherwise provided in this section, a public officer
, state employee or candidate who willfully fails to file a financial
disclosure statement or willfully fails to file a financial disclosure
statement in a timely manner pursuant to NRS 281.559, 281.561 or
281.572 is subject to a civil penalty and payment of court costs and
attorney’s fees. The civil penalty must be recovered in a civil action
brought in the name of the State of Nevada by the Secretary of State
in the First Judicial District Court and deposited by the Secretary of
State for credit to the State General Fund in the bank designated by
the State Treasurer.
3. The amount of the civil penalty is:
(a) If the statement is filed not more than 10 days after the
applicable deadline set forth in subsection 1 of NRS 281.559,
subsection 1 of NRS 281.561 or NRS 281.572, $25.
(b) If the statement is filed more than 10 days but not more than
20 days after the applicable deadline set forth in subsection 1 of
NRS 281.559, subsection 1 of NRS 281.561 or NRS 281.572, $50.
(c) If the statement is filed more than 20 days but not more than
30 days after the applicable deadline set forth in subsection 1 of
NRS 281.559, subsection 1 of NRS 281.561 or NRS 281.572, $100.
(d) If the statement is filed more than 30 days but not more than
45 days after the applicable deadline set forth in subsection 1 of
NRS 281.559, subsection 1 of NRS 281.561 or NRS 281.572, $250.
(e) If the statement is not filed or is filed more than 45 days after
the applicable deadline set forth in subsection 1 of NRS 281.559,
subsection 1 of NRS 281.561 or NRS 281.572, $2,000.
4. For good cause shown , the Secretary of State may waive a
civil penalty that would otherwise be imposed pursuant to this
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section. If the Secretary of State waives a civil penalty pursuant to
this subsection, the Secretary of State shall:
(a) Create a record which sets forth t hat the civil penalty has
been waived and describes the circumstances that constitute the
good cause shown; and
(b) Ensure that the record created pursuant to paragraph (a) is
available for review by the general public.
5. As used in this section, “will fully” means intentionally and
knowingly.
Sec. 2. Chapter 294A of NRS is hereby amended by adding
thereto the provisions set forth as sections 3 to 6, inclusive, of this
act.
Sec. 3. “Constitutional office” or “constitutional officer”
means:
1. The Governor;
2. The Lieutenant Governor;
3. The Secretary of State;
4. The State Treasurer;
5. The State Controller; and
6. The Attorney General.
Sec. 4. “Inaugural committee” means any organization,
person or group of persons that anticipates receiving contributions
or making expenditures for the inauguration of a constitutional
officer.
Sec. 5. 1. An inaugural commi ttee shall report for each
period required pursuant to subsection 2:
(a) Each contribution received relating to the inauguration in
excess of $1,000;
(b) Contributions received during the period relating to the
inauguration from a contributor which cumul atively exceed
$1,000;
(c) The total of all contributions received during the period
relating to the inauguration which are not otherwise required to
be reported pursuant to paragraph (b);
(d) Each expenditure relating to the inauguration made during
the period in excess of $1,000; and
(e) Expenditures made relating to the inauguration during the
period to one recipient which cumulatively exceed $1,000.
2. The report required to subsection 1 must be filed:
(a) Not later than the 90th day following the first day of the
regular session of the Legislature that is immediately following the
inauguration of the constitutional officer, for the period beginning
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on the date of the organization of the committee and ending on the
75th day of such regular session;
(b) Not later than 15 days after the end of such regular
session, for the period beginning on the 76th day of such regular
session and ending on the last day of such regular session; and
(c) Not later than January 15, for the period beginning on
January 1 of any year other than the year immediately following
the year of the general election in which the constitutional officer
was elected and ending on December 31 of the previous year.
3. An inaugural committee that disbands shall:
(a) Notify the Secretary of State; and
(b) File a final report that sets forth:
(1) Each contribution and expenditure required to be
reported pursuant to subsection 1 that has not previously been
reported; and
(2) The disposition of any contributions made to the
inaugural committee that are not spent or committed for
expenditure by the inaugural committee.
Nothing in this subsection requires an inaugural committee to
report information that has previously been reported in a timely
manner pursuant to this section.
4. An inaugural committee is not subject to the provisions of
NRS 294A.100 or 294A.300.
5. Except as otherwise provided in NRS 294A.3737, the
reports required by this section must be filed electronically with
the Secretary of State.
6. A report filed pursuant to this section shall be deemed to be
filed on the date that it was received by the Secretary of State.
Every inaugural committee shall file a report as required by this
section even if the committee receives no contributions.
Sec. 6. 1. A candidate for a constitutional office who is
elected shall report, not later than the 90th day following the first
day of the regular session of the Legislature that is immediately
following the inauguration of the constitutional officer, for the
period beginning on the day following the general election in
which the constitutional officer was elected and ending on the day
immediately preceding the beginning of the period set forth in
NRS 294A.300:
(a) Each contribution in excess of $100 received in relation to
the transition to holding the constitutional office during the
period;
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(b) Contributions received in relation to the transition to
holding the constitutional office during the period from a
contributor which cumulatively exceed $100;
(c) The total of all contributions received in relation to the
transition to holding the constitutional office during the period
which are $100 or less and which are not otherwise required to be
reported pursuant to paragraph (b);
(d) The balance in the account maintained by the candidate
pursuant to NRS 294A.130 on the ending date of the period; and
(e) Goods and services provided in kind in relation to the
transition to holding the constitutional office and for which money
would otherwise have been paid.
2. Nothing in this section requires the candidate to report
information that has previously been reported in a timely manner
pursuant to this chapter.
3. Except as otherwise provided in NRS 294A.3733, the
reports required b y this section must be filed electronically with
the Secretary of State.
4. A report filed pursuant to this section shall be deemed to be
filed on the date that it was received by the Secretary of State.
Sec. 7. NRS 294A.002 is hereby amended to read as follows:
294A.002 As used in this chapter, unless the context otherwise
requires, the words and terms defined in NRS 294A.0025 to
294A.014, inclusive, and sections 3 and 4 of this act have the
meanings ascribed to them in those sections.
Sec. 8. NRS 294A.325 is hereby amended to read as follows:
294A.325 1. A foreign national shall not, directly or
indirectly, make a contribution or a commitment to make a
contribution to:
(a) A candidate;
(b) A committee for political action;
(c) A committee for the recall of a public officer;
(d) A person who makes an independent expenditure;
(e) A political party or committee sponsored by a political party
that makes an expenditure for or against a candidate or group of
candidates;
(f) An organization made up of legislative members of a
political party whose primary purpose is to provide support for their
political efforts;
(g) A personal campaign committee or the personal
representative of a cand idate who receives contributions or makes
expenditures that are reported as contributions or expenditures by
the candidate; [or]
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(h) A nonprofit corporation that is registered or required to be
registered pursuant to NRS 294A.225 [.] ; or
(i) An inaugural committee.
2. Except as otherwise provided in subsection 3, a candidate,
person, group, committee, political party, organization or nonprofit
corporation described in subsection 1 shall not knowingly solicit,
accept or receive a contribution or a commi tment to make a
contribution from a foreign national.
3. For the purposes of subsection 2, if a candidate, person,
group, committee, political party, organization or nonprofit
corporation is aware of facts that would lead a reasonable person to
inquire whether the source of a contribution is a foreign national, the
candidate, person, group, committee, political party, organization or
nonprofit corporation shall be deemed to have not knowingly
solicited, accepted or received a contribution in violation of
subsection 2 if the candidate, person, group, committee, political
party, organization or nonprofit corporation requests and obtains
from the source of the contribution a copy of current and valid
United States passport papers. This subsection does not apply to any
candidate, person, group, committee, political party, organization or
nonprofit corporation if the candidate, person, group, committee,
political party, organization or nonprofit corporation has actual
knowledge that the source of the contributi on solicited, accepted or
received is a foreign national.
4. If a candidate, person, group, committee, political party,
organization or nonprofit corporation discovers that the candidate,
person, group, committee, political party, organization or nonprof it
corporation received a contribution in violation of this section, the
candidate, person, group, committee, political party, organization or
nonprofit corporation shall, if at the time of discovery of the
violation:
(a) Sufficient money received as cont ributions is available,
return the contribution received in violation of this section not later
than 30 days after such discovery.
(b) Except as otherwise provided in paragraph (c), sufficient
money received as contributions is not available, return the
contribution received in violation of this section as contributions
become available for this purpose.
(c) Sufficient money received as contributions is not available
and contributions are no longer being solicited or accepted, not be
required to return any amount of the contribution received in
violation of this section that exceeds the amount of contribut ions
available for this purpose.
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5. A violation of any provision of this section is a gross
misdemeanor.
6. As used in this section:
(a) “Foreign national” has the meaning ascribed to it in [2
U.S.C. § 441e.] 52 U.S.C. § 30121.
(b) “Knowingly” means that a candidate, person, group,
committee, political party, organization or nonprofit corporation:
(1) Has actual knowledge that the source of the contribution
solicited, accepted or received is a foreign national;
(2) Is aware of facts which would lead a reasonable person to
conclude that there is a substantial probability that the source of the
contribution solicited, accepted or received is a foreign national; or
(3) Is aware of facts which would lead a reasonable person to
inquire whether the s ource of the contribution solicited, accepted or
received is a foreign national, but failed to conduct a reasonable
inquiry.
Sec. 9. NRS 294A.350 is hereby amended to read as follows:
294A.350 1. Except as otherwise prov ided in subsection 2,
every candidate for office shall file the reports required by NRS
294A.120, 294A.125, 294A.128, 294A.200, 294A.286 and
294A.362, and section 6 of this act, even though the candidate:
(a) Withdraws his or her candidacy pursuant to NRS 293.202 or
293C.195;
(b) Ends his or her campaign without withdrawing his or her
candidacy pursuant to NRS 293.202 or 293C.195;
(c) Receives no contributions;
(d) Has no campaign expenses;
(e) Is not opposed in the election by another candidate;
(f) Is defeated in the primary election;
(g) Is removed from the ballot by court order; or
(h) Is the subject of a petition to recall and the special election is
not held.
2. A candidate described in paragraph (a), (b), (f) or (g) of
subsection 1 may simul taneously file all the reports required by
NRS 294A.120, 294A.125, 294A.128, 294A.200, 294A.286 and
294A.362 and section 6 of this act that are due after the candidate
disposes of any unspent or excess contributions as provided in NRS
294A.117 or subsectio ns 4, 5 and 6 of NRS 294A.160, as
applicable, if the candidate gives written notice to the Secretary of
State, on the form prescribed by the Secretary of State, that the
candidate is ending his or her campaign and will not accept any
additional contributions. If the candidate has submitted a withdrawal
of candidacy pursuant to NRS 293.202 or 293C.195 to an officer
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other than the Secretary of State, the candidate must enclose with
the notice a copy of the withdrawal of candidacy. A form submitted
to the Secr etary of State pursuant to this subsection must be signed
by the candidate under an oath to God or penalty of perjury. A
candidate who signs the form under an oath to God is subject to the
same penalties as if the candidate had signed the form under penalt y
of perjury.
3. A candidate described in paragraph (b) of subsection 1 who
simultaneously files reports pursuant to subsection 2 but is elected
to office despite ending his or her campaign is subject to the
reporting requirements set forth in NRS 294A.1 20, 294A.125,
294A.128, 294A.200, 294A.286 and 294A.362, and section 6 of
this act, beginning with the next report that is due pursuant to those
sections after his or her election to office.
Sec. 10. NRS 294A.362 is hereby amended to read as follows:
294A.362 1. In addition to reporting information pursuant to
NRS 294A.120, 294A.125, 294A.128 and 294A.200, and section 6
of this act, each candidate who is required to file a report pursuant
to NRS 294A.120, 294A.125, 294A.128 or 294A.200 or section 6
of this act shall report on the form designed and made available by
the Secretary of State pursuant to NRS 294A.373 goods and services
provided in kind for which money would otherwise have been paid.
The candidate shall list on the form:
(a) Each such contribution in excess of $100 received during the
reporting period;
(b) Each such contribution from a contributor received during
the reporting period which cumulatively exceeds $100;
(c) Each such campaign expense in excess of $100 incurred
during the reporting period;
(d) The total of all such contributions received during the
reporting period which are $100 or less and which are not othe rwise
required to be reported pursuant to paragraph (b); and
(e) The total of all such campaign expenses incurred during the
reporting period which are $100 or less.
2. The Secretary of State shall not require a candidate to list the
contributions and c ampaign expenses described in this section on
any form other than the form designed and made available by the
Secretary of State pursuant to NRS 294A.373.
3. Except as otherwise provided in NRS 294A.3733, the report
required by subsection 1 must be filed in the same manner and at the
same time as the report filed pursuant to NRS 294A.120, 294A.125,
294A.128 or 294A.200 [.] or section 6 of this act.
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Sec. 11. NRS 294A.390 is hereby amended to read as follows:
294A.390 The officer from whom a candidate or entity
requests a form for:
1. A declaration of candidacy;
2. The registration of a nonprofit corporation pursuant to NRS
294A.225, a committee for political action pursuant to NRS
294A.230 or a committee for the recall of a public officer pursuant
to NRS 294A.250; or
3. The reporting of the creation of a legal defense fund
pursuant to NRS 294A.286,
shall furnish the candidate or entity with the necessary forms for
reporting and copies of the regulations adopted by t he Secretary of
State pursuant to this chapter. An explanation of the applicable
provisions of NRS 294A.100, 294A.120, 294A.128, 294A.140,
294A.150, 294A.200, 294A.210, 294A.220, 294A.270 or 294A.280
or sections 5 and 6 of this act relating to the making, accepting or
reporting of contributions, campaign expenses or expenditures and
the penalties for a violation of those provisions as set forth in NRS
294A.100 or 294A.420, and an explanation of NRS 294A.286 and
294A.287 relating to the accepting or reportin g of contributions
received by and expenditures made from a legal defense fund and
the penalties for a violation of those provisions as set forth in NRS
294A.287 and 294A.420, must be developed by the Secretary of
State and provided upon request. The candi date or entity shall
acknowledge receipt of the material.
Sec. 12. NRS 294A.420 is hereby amended to read as follows:
294A.420 1. If the Secretary of State receives information
that a candidate, person, organization, com mittee, political party or
nonprofit corporation that is subject to the provisions of NRS
294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210,
294A.220, 294A.230, 294A.250, 294A.270, 294A.280 or 294A.286
or sections 5 and 6 of this act has not filed a report or form for
registration pursuant to the applicable provisions of those sections,
the Secretary of State may, after giving notice to that candidate,
person, organization, committee, political party or nonprofit
corporation, cause the appropriate proceedings to be instituted in the
First Judicial District Court.
2. Except as otherwise provided in this section, a candidate,
person, organization, committee, political party or nonprofit
corporation that violates an applicable provision of this chapt er is
subject to a civil penalty of not more than $10,000 for each violation
and payment of court costs and attorney’s fees. The civil penalty
must be recovered in a civil action brought in the name of the State
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of Nevada by the Secretary of State in the F irst Judicial District
Court and deposited by the Secretary of State for credit to the State
General Fund in the bank designated by the State Treasurer.
3. If a civil penalty is imposed because a candidate, person,
organization, committee, political party or nonprofit corporation has
reported its contributions, campaign expenses, independent
expenditures or other expenditures after the date the report is due,
except as otherwise provided in this subsection, the amount of the
civil penalty is:
(a) If the report is not more than 7 days late, $25 for each day
the report is late.
(b) If the report is more than 7 days late but not more than 15
days late, $50 for each day the report is late.
(c) If the report is more than 15 days late, $100 for each day the
report is late.
A civil penalty imposed pursuant to this subsection against a
public officer who by law is not entitled to receive compensation for
his or her office or a candidate for such an office must not exceed a
total of $100 if the public officer o r candidate received no
contributions and made no expenditures during the relevant
reporting periods.
4. For good cause shown, the Secretary of State may waive a
civil penalty that would otherwise be imposed pursuant to this
section.
5. When considering whether to waive, pursuant to subsection
4, a civil penalty that would otherwise be imposed pursuant to
subsection 3, the Secretary of State may consider, without
limitation:
(a) The seriousness of the violation, including, without
limitation, the nature, circumstances and extent of the violation;
(b) Any history of violations committed by the candidate,
person, organization, committee, political party or nonprofit
corporation against whom the civil penalty would otherwise be
imposed;
(c) Any mitigating factor, including, without limitation, whether
the candidate, person, organization, committee, political party or
nonprofit corporation against whom the civil penalty would
otherwise be imposed reported the violation, corrected the violation
in a timely manner, attempted to correct the violation or cooperated
with the Secretary of State in resolving the situation that led to the
violation;
(d) Whether the violation was inadvertent;
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(e) Any knowledge or experience the candidate, person,
organization, committee, political party or nonprofit corporation has
with the provisions of this chapter; and
(f) Any other factor that the Secretary of State deems to be
relevant.
6. If the Secretary of State waives a civil penalty pursuant to
subsection 4, the Secretary of State shall:
(a) Create a record which sets forth that the civil penalty has
been waived and describes the circumstances that constitute the
good cause shown; and
(b) Ensure that the record created pursuant to paragraph (a) is
available for review by the general public.
7. The remedies and penalties provided by this chapter are
cumulative, do not abrogate and are in addition to any other
remedies and penalties that may exist at law or in equity, including,
without limitation, any criminal penalty that may be imposed
pursuant to this chapter or NRS 199.120, 199.145 or 239.330.
Sec. 13. NRS 218H.210 is hereby amended to read as follows:
218H.210 The registration statement of a lobbyist must contain
the following information:
1. The registrant’s full name, a recent photograph of the
registrant and:
(a) The name of the registrant’s business or employer, if any,
and the permanent business address, telephone number and
electronic mail address of the business or employer;
(b) If different from paragraph (a), the registrant’s permanent
business address, telephone number and electronic mail address; and
(c) The registrant’s temporary address, if any, while lobbying.
2. The full name and complete address of each cl ient of the
registrant, if any. If the registrant’s business or employer has more
than one client, the registrant must identify each specific client that
the registrant represents from among those clients.
3. A listing of any direct business associations or partnerships
involving any current Legislator and the registrant or any client of
the registrant. The listing must include any such association or
partnership constituting a source of income or involving a debt or
interest in real estate required to be disclosed in a financial
disclosure statement made by a public officer , state employee or
candidate pursuant to NRS 281.571.
4. The name of any current Legislator for whom:
(a) The registrant; or
(b) Any client of the registrant,
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has, in connection with a political campaign of the Legislator,
provided consulting, advertising or other professional services since
the beginning of the preceding regular session.
5. A description of the principal areas of interest on which the
registrant expects to lobby.
6. If the registrant lobbies or purports to lobby on behalf of
members, a statement of the number of members.
7. A declaration under penalty of perjury that none of the
registrant’s compensation or reimbursement is contingent, in whole
or in part, upon the production of any legislative action.
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