Bill Text: AZ HB2098 | 2016 | Fifty-second Legislature 2nd Regular | Introduced
Bill Title: Campaign finance; corporate recipients; registration
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2016-01-27 - Referred to House ELECT Committee [HB2098 Detail]
Download: Arizona-2016-HB2098-Introduced.html
PREFILED JAN 11 2016
|
REFERENCE TITLE: campaign finance; corporate recipients; registration |
|
State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
|
|
HB 2098 |
|
|
|
Introduced by Representatives Clark, Bolding, Mendez, Steele, Senator Quezada: Representatives Andrade, Fernandez, Gabaldón, Rios
|
AN ACT
amending title 16, chapter 6, article 1, arizona revised statutes, by adding section 16-914.03; amending sections 16-919 and 16-920, Arizona Revised Statutes; relating to campaign CONTRIBUTIONS and expenses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 16, chapter 6, article 1, Arizona Revised Statutes, is amended by adding section 16-914.03, to read:
16-914.03. Reporting contributions made by a corporation, limited liability company or labor organization; statement; civil penalty; violation; classification; definition
A. Any corporation, limited liability company or labor organization that makes a contribution in at least the following amounts to a political committee or to another corporation, limited liability company or labor organization in an attempt to influence the outcome of a candidate election shall register and notify the appropriate filing officer not later than one day after making that contribution, excluding Saturdays, Sundays and other legal holidays:
1. An aggregate of five thousand dollars or more in one or more statewide races.
2. An aggregate of two thousand five hundred dollars or more in one or more legislative races.
3. One thousand dollars or more in one or more county, city, town or other local races if the one thousand dollars is aggregated in races in a single county, city, town or other local jurisdiction.
B. The secretary of state is the filing officer for registrations and notifications for contributions in statewide and legislative elections. City, town or county filing officers are the filing officers for notifications in a city, town, county or other local election as provided in section 16‑916. The corporation, limited liability company or labor organization also shall notify the filing officer within the same time limit prescribed in subsection A of this section of each additional accumulation of contributions that exceeds the threshold amount prescribed in subsection A of this section but is not required to register again during that election cycle after the initial registration. The secretary of state shall provide for electronic filing for registrations and notifications and shall provide for website access to the information for the public. Filings at the secretary of state's office shall be in the form prescribed by the secretary of state. Other filing officers shall prescribe the format for filing registrations and notifications and shall provide for public access to that information.
C. The registration shall include all of the following:
1. The name and address of the corporation, limited liability company or labor organization.
2. The name, title, e-mail address and telephone number of the person authorizing the contribution.
D. Each notification shall include all of the following:
1. The name and address of the corporation, limited liability company or labor organization making the contribution.
2. The amount of the contribution and the name of the political committee or other corporation, limited liability company or labor organization receiving the contribution.
3. The name of the candidate and race for which the contribution was made and whether the contribution was in support of or opposition to the candidate.
4. The date of the contribution.
E. The corporation, limited liability company or labor organization shall file with the secretary of state or other appropriate filing officer within five days after an initial threshold contribution as prescribed in subsection A of this section a notarized sworn statement that the person, agent or officer filing the registration and notice had authority to make that contribution on behalf of the corporation, limited liability company or labor organization. Until the secretary of state or other filing officer receives the notarized sworn statement, the filing officer shall categorize the notification as unverified. If the secretary of state or other filing officer does not receive the notarized sworn statement within the required five-day time frame, the notification shall be categorized as both unverified and delinquent. The filing officer shall make reasonable efforts to contact the entity that made the contribution and remove the notification from public view within a reasonable time if unable to verify that the entity made the contribution and all penalties prescribed in this section apply.
F. Any corporation, limited liability company or labor organization that fails to register, notify or disclose as required by this section is liable in a civil action pursuant to section 16‑924 brought by the attorney general, county attorney or city or town attorney, as appropriate, for a civil penalty of up to three times the total amount of the contributions.
G. Any person who makes a knowingly false filing relating to a contribution pursuant to this section is guilty of a class 1 misdemeanor. A civil or criminal enforcement action may not be filed until after the filing officer issues a reasonable cause determination.
H. For the purposes of this section, "Local election" means an election in a county, city, town, school district or special district.
Sec. 2. Section 16-919, Arizona Revised Statutes, is amended to read:
16-919. Prohibition of contributions by corporations, limited liability companies or labor organizations; exemption; violation; classification; definitions
A. Except as provided in section
sections 16-914.02 and 16-914.03, it is
unlawful for a corporation or a limited liability company to make an
expenditure or any contribution of money or anything of value for the purpose
of influencing an election, and it is unlawful for the designating individual
who formed an exploratory committee, an exploratory committee, a candidate or a
candidate's campaign committee to accept any contribution of money or anything
of value from a corporation or a limited liability company for the purpose of
influencing an election. This subsection does not apply to political
committees that are incorporated pursuant to title 10, chapters 24 through 40
and political committees that are organized as limited liability companies.
B. Except as provided in section
sections 16‑914.02
and 16‑914.03,
it is unlawful for a labor organization to make an expenditure or any
contribution of money or anything of value for the purpose of influencing an
election.
C. Notwithstanding subsections A and B of this section, a corporation, limited liability company or labor organization may contribute to an independent expenditure committee.
D. A corporation, limited liability company or labor organization that violates this section is guilty of a class 2 misdemeanor.
E. The person through whom the violation is effected is guilty of a class 6 felony.
F. Notwithstanding subsection A of this section, a political committee that is incorporated only for the purposes of liability limitation may make contributions for the purpose of influencing an election. Notwithstanding the corporate status of a political committee, the chairman and treasurer of an incorporated political committee remain personally responsible for carrying out their respective duties under this article.
G. For the purposes of this section:
1. "Election" means any election to any political office, any election to any political convention or caucus or any primary election held for the purpose of selecting any candidate, political committee or other person for any political office, convention or caucus.
2. "Employee" includes any employee, is not limited to the employees of a particular employer and includes any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice.
3. "Employer" includes any person acting as an agent of an employer, directly or indirectly.
4. "Labor organization" means any organization of any kind or any agency or employee representation committee or plan in which employees participate and that exists for the purpose in whole or in part of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work.
Sec. 3. Section 16-920, Arizona Revised Statutes, is amended to read:
16-920. Permitted expenditures by corporations and labor organizations; federal law; definitions
A. Expenditures for the following purposes are not political contributions prohibited by law:
1. Communications by a corporation to its stockholders and executive or administrative personnel and their families, or by a labor organization to its members and their families, on any subject.
2. Nonpartisan registration and get‑out‑the‑vote campaigns by a corporation aimed at its stockholders and executive or administrative personnel and their families or by a labor organization aimed at its members and their families.
3. The establishment, administration and solicitation of voluntary contributions to a separate segregated fund to be used for political purposes by a corporation, labor organization, membership organization, trade association, cooperative or corporation without capital stock.
4. The establishment, administration and solicitation of voluntary contributions from employees of a corporation or limited liability company, including contributions made by payroll deduction, deposit or transfer or other similar method, and that are made directly to a separate segregated fund that is used for political purposes by a trade association of which the employing corporation or limited liability company is a member. Contributions received under this subsection shall be reported pursuant to section 16‑915, subsection A, paragraph 2, subdivision (a) or subsection E.
5. Contributions for use to support or oppose an initiative or referendum measure or amendment to the constitution.
6. Independent expenditures and contributions to independent expenditure committees made pursuant to section 16‑914.02.
7. Contributions made pursuant to section 16-914.03.
B. A membership organization, trade association, cooperative or corporation without capital stock may engage in the activities permitted in subsection A, paragraphs 1 and 2 of this section if such activities are directed primarily toward its members, stockholders or members of its members, its and its members' executive or administrative personnel and their families.
C. A person may rely on the federal election
commission's rules, policy statements, interpretive rules and other guidance
adopted as of January 1, 2013 in interpreting and applying 2 52 United States Code section 441b(B)(2)
30118(b)(2) in interpreting
subsection A, paragraphs 1 through 4 of this section.
D. For the purposes of this section:
1. "Executive or administrative personnel" has the same meaning prescribed in section 16‑921.
2. "Labor organization" has the same meaning prescribed in section 16‑919.
