49-1478 Expenditure; limitations; reports required; violations; penalty.
49-1478. Expenditure; limitations; reports required; violations; penalty.(1)An expenditure shall not be made, other than for overhead or normal operatingexpenses, by an agent or an independent contractor, including an advertisingagency, on behalf of or for the benefit of a person unless the expenditureis reported by the committee as if the expenditure were made directly by thecommittee, or unless the agent or independent contractor files an agent'sexpenditure report as provided in subsection (3) of this section. The agentor independent contractor shall make known to the committee all informationrequired to be reported by the committee. Any person violating this subsectionshall be guilty of a Class III misdemeanor.(2) An expenditureshall not be made, other than for overhead or normal operating expenses, bya person gathering petition signatures on behalf of or for the benefit ofa person, including a ballot question committee, unless the expenditure isreported by the ballot question committee as if the expenditure were madedirectly by the committee, or unless the person gathering petition signaturesfiles an agent's expenditure report as provided in subsection (3) of thissection. The person gathering petition signatures shall make known to thecommittee all information required to be reported by the committee. For purposesof this section, petition signature means a signature affixed to a petitionfor the purpose of qualifying a ballot question to appear on a ballot. Anyperson violating this subsection shall be guilty of a Class III misdemeanor.(3)A person gathering petition signatures, an agent, or an independent contractorwho is required to file an agent's report shall file a separate agent's reportfor each person on whose behalf an expenditure is made. An agent's reportshall be filed with the commission within ten days after the end of the calendarmonth in which the expenditure is made. An agent's report shall include:(a)The name, permanent address, temporary address, permanent telephone number,and temporary telephone number of the person making expenditures for the purposeof gathering signatures, the agent, or the independent contractor;(b)The name, address, and telephone number of the person on whose behalf theexpenditure is made;(c) The name, permanent address, and temporaryaddress of the person to whom the expenditure is made, except that if theexpenditure is solely for the services of an individual circulating petitions,such individual's name and address shall not be included;(d)The date and amount of each expenditure; and(e) A descriptionof the goods or services purchased and the purpose of the goods or services.(4)A person required to report under subsection (3) of this section shall includein the report the total amount paid to individual petition circulators duringthe reporting period but shall not include the name, address, or telephonenumber of any individual petition circulator if the only payment made to suchindividual was for services as a petition circulator. SourceLaws 1976, LB 987, § 78; Laws 1977, LB 41, § 51; Laws 1997, LB 49, § 9; Laws 2008, LB39, § 7.