Bill Text: DE SB155 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend Title 15 Of The Delaware Code Relating To Campaign Contributions And Expenditures.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2016-03-10 - Reported Out of Committee (ADMINISTRATIVE SERVICES/ELECTIONS) in Senate with 1 Favorable, 2 On Its Merits, 1 Unfavorable [SB155 Detail]
Download: Delaware-2015-SB155-Draft.html
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SPONSOR: |
Sen. Henry & Sen. Lavelle & Rep. Jaques |
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Sen. Blevins |
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DELAWARE STATE SENATE 148th GENERAL ASSEMBLY |
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SENATE BILL NO. 155 |
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AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO CAMPAIGN CONTRIBUTIONS AND EXPENDITURES. |
Section 1. Amend §8002, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
§8002. Definitions.
As used in this chapter:
(1) "Building fund" means a segregated bank account established by a political party to receive contributions and make expenditures as prescribed in this chapter.
Section 2. Amend Subchapter I, Chapter 80, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§8005A. Building fund creation and duties.
(a) A political party may create a building fund by establishing a bank account for that purpose and by notifying the Commissioner within 7 days of establishing the bank account.
(b) A political party with a building fund must do all of the following:
(1) Keep complete records of all contributions received by and all expenditures made using the building fund and retain such records for 3 full years following the reporting period, established by §8030A of this title, in which the contributions and expenditures were made.
(2) File with the Commissioner the reports required by §8030A of this title.
Section 3. Amend §8011, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§8011. Contribution limits for parties.
(a) No person shall make any contributions which will cause the total amount of such person's contributions to a political party to exceed $20,000 during an election period.
(b) No treasurer or other person acting on behalf of any political party shall accept any contribution which such person knows will cause the total amount of the donor's contributions to a political party to exceed $20,000 during an election period.
(c) The contribution limits set forth in this chapter shall not be applicable to any contributions received by a political party from or on behalf of any national political party, any organization subordinate to such national political party or any other national political organization established for the purpose of supporting elections to national, state and local offices including, but not limited to, the Republican and Democratic Senatorial Campaign Committees, the Republican and Democratic Congressional Campaign Committees, the Republican and Democratic Victory Funds, the Republican and Democratic Governors' Associations.
(d) The contribution limits set forth in this chapter shall not be applicable to any contributions received by a political party for deposit in its building fund.
Section 4. Amend Subchapter III, Chapter 80, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§8020A. Authorized building fund expenditures.
No political party may make any expenditure from its building fund except for the costs of telephone and other communications services and the rental or purchase of equipment, office supplies, or an office or building.
Section 5. Amend Subchapter IV, Chapter 80, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§8030. Reports of political committees.
(a) Each candidate, except (except
a candidate who is excused from filing a report under §8004 of this title)
title, and every treasurer, except (except of a candidate
excused from filing a report under §8004 of this title) title, shall
be responsible for filing with the Commissioner reports of contributions and
expenditures on forms prescribed by the Commissioner for every reporting period
during which a political committee is in existence. A candidate shall be
jointly responsible with the treasurer for the filing of the report of a
candidate committee. This section does not apply to a political party's
building fund.
§8030A. Reports for a political party's building fund.
(a) A political party and the political party's treasurer shall be responsible for filing with the Commissioner a report of contributions and expenditures on forms prescribed by the Commissioner for every reporting period during which a building fund is in existence. A political party shall be jointly responsible with the political party's treasurer for the filing of the report for a building fund.
(b) The reporting period for a newly-formed building fund begins on the date the building fund receives its first contribution or makes its first expenditure and ends on December 31 of that calendar year. Thereafter, the reporting period for a building fund begins on January 1 and ends on December 31 of every year, until and including the year in which contributions and expenditures are balanced and the building fund terminates.
(c) The report required by this section shall disclose all of the following information, for the entire reporting period:
(1) Amount of cash and other intangible and tangible assets on hand at the beginning and end of the reporting period.
(2) Full name and mailing address of each person or committee who has made contributions to the building fund during the reporting period in excess of $100, the total of all contributions from such person or committee during the reporting period, and the amount and date of all contributions from such person or committee during the reporting period.
(3) Total receipts by the building fund during the reporting period.
(4) Full name and mailing address of each person to whom any expenditure has been made using the building fund during the reporting period in an aggregate amount in excess of $100 and the amount and date of each such expenditure.
(5) All goods and services that are contributed in kind; at no charge; or at a cost less than fair market value, except for services excluded from the definition of "contribution" under §8002 of this title, to the extent that the fair market value, less any amount paid using the building fund, exceeds $100.
Section 6. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provision or application; and, to that end, the provisions of this Act are declared to be severable.
Section 7. This Act takes effect on January 1 following its enactment into law.
SYNOPSIS
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This Act amends Delaware campaign finance laws to permit political parties to establish a segregated bank account, known as a building fund, to be used pay for telephone and other communications services and for the rental or purchase of equipment, office supplies, or an office or building. This Act also contains disclosure and reporting requirements related to a political party's building fund. This Act also makes technical corrections to conform existing law to the guidelines of the Delaware Legislative Drafting Manual. |
Author: Senator Henry
