Assigned to GOV                                                                                                        AS PASSED BY THE SENATE

 

 


 

ARIZONA STATE SENATE

Phoenix, Arizona

 

FACT SHEET FOR H.B. 2169

 

supplemental defined contribution plans

(NOW: campaign finance revisions)

 

Purpose

 

            Alters statutory requirements relating to political committee contributions and expenditures.

 

Background

 

Currently, a political committee may dispose of surplus monies only by using the money for a subsequent election, returning the funds to the contributor, contributing surplus monies to the county, state or local committee of a political party, donating the surplus monies to a charitable organization or contributing surplus monies to another candidate's campaign or exploratory committee if the contribution is within the statutory limits.  Currently, a candidate may not use excess campaign funds for personal use but may transfer any debt incurred from a campaign to a subsequent campaign or exploratory committee.  The strike everything amendment to H.B. 2169 further prohibits the use of excess campaign funds for a subsequent election to a state-wide office.

 

A political committee must currently designate a treasurer for campaign funds and designate a federally insured financial institution or the national credit union administration as its campaign depository.  The political committee must notify the filing officer which institution will be used, and all deposits and withdrawals must contain the signature of the treasurer or a designated agent of the committee.  The strike everything amendment to H.B. 2169 further requires a candidate’s campaign or exploratory committee to choose a finance committee and report the members of this committee in writing to the Attorney General, the county, city or town attorney or the filing officer upon request.

 

            Statutes currently prohibit the use of city, town, county, school district community college district and special taxing district resources to influence elections.  These resources include personnel, equipment, materials and buildings.  H.B. 2169 extends this prohibition to include all public resources.

 

There is no anticipated fiscal impact to the state general fund associated with this measure.

 

 

 

 

 

Provisions

 

1.      Prohibits the use of surplus campaign funds for statewide campaigns without prohibiting funds from being used for other campaigns at lower jurisdictional levels.

 

2.      Prohibits an exploratory committee or a campaign committee from accepting excess funds from a political committee established in another state or pursuant to federal law.

 

3.      Prohibits a person from soliciting a contribution while that person is in a publicly owned building including any building owned by the state of Arizona, any city, town or county or a school district or any other political subdivision of the state.

 

4.      Requires public officer to include, in their financial disclosure statements, all lobbyists to whom the public officer or family members of the public officer owe a debt of more than $100.

 

5.      Prohibits the use of public resources for solicitation of campaign contributions.

 

6.      Requires registered lobbyists, designated public lobbyists and authorized public lobbyists to disclose and report the names of all candidate campaign or exploratory committees for which they have solicited or received three or more contributions, other than those donated by a candidate’s relatives.

 

7.      Clarifies that no individual or lobbyist can solicit or receive contributions on behalf of the candidate, or publicly disclose himself or herself as a member of a candidate's finance committee, without the permission of the candidate's campaign.

 

8.      Requires a non participating candidate's campaign or exploratory committee to designate a finance committee.

 

9.      Stipulates that the members of the nonparticipating candidate’s finance committee must be authorized to solicit or receive contributions on behalf of the candidate’s campaign or exploratory committee.

 

10.  Requires the members of the campaign or exploratory committee to keep a record of the members of the finance committee and to make the list available to the Attorney General, the county, city or town attorney or the filing officer upon request.

 

11.  Requires the Secretary of State to make the list of members of finance committees and exploratory committees available to the public via the Internet.

 

12.  Clarifies that the lobbyist disclosure and finance committee requirements do not apply to individuals that are only soliciting and receiving contributions from family members.

 

 

 

 

13.  Exempts, from the lobbyist entertainment ban, members of a school district governing board and the Arizona Board of Regents when attending a sporting or cultural event in a facility owned or maintained by the board, and employees of such boards when the event is a required part of the employee's job duties and responsibilities.

 

14.  Makes technical and conforming changes.

 

15.  Provides for a general effective date.

 

Amendments Adopted by the Government Committee

 

1.      The Strike everything amendment was adopted.

 

2.      Exempts the following from the lobbyist entertainment ban:

 

a.       Members of school district governing boards and members of the Arizona Board of Regents when attending a sporting or cultural event in a facility owned or maintained by such board,

b.      Employees of such entities whose attendance at sporting or cultural events is a required part of the job duties and responsibilities of the employee.

 

Amendments Adopted in Committee of the Whole

 

1.      Prohibits an exploratory committee or a campaign committee from accepting excess funds from a political committee established in another state or pursuant to federal law.

 

2.      Requires public officers to include, in their financial disclosure statements, all lobbyists to whom the public officer or family members of the public officer owe a debt of more than $100.

 

3.      Prohibits the use of surplus campaign funds for statewide campaigns without prohibiting funds from being used for other campaigns at lower jurisdictional levels.

 

4.      Removes the provision of the bill that limits the amount of surplus campaign funds that an elected official can use for operation and management of their office.

 

5.      Prohibits the use of public resources for solicitation of campaign contributions.

 

6.      Clarifies that the lobbyist disclosure and finance committee requirements do not apply to individuals that are only soliciting and receiving contributions from family members.

 

7.      Clarifies that no individual or lobbyist can solicit or receive contributions on behalf of the candidate, or publicly disclose himself or herself as a member of a candidate's finance committee, without the permission of the candidate's campaign.

 

8.      Makes technical and conforming changes.

 

 

House Action                                                               Senate Action

 

RGO          1/30/01        DP        10-0-0-0                   FIN          4/2/01        DPA/SE        6-2-0-0

3rd Read     2/14/01                     57-1-2-0                   GOV        4/10/01      DPA/SE        5-0-1-0

                                                                                    3rd Read    4/26/01                         16-12-2-0

 

 

Prepared by Senate Staff

April 30, 2001