PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2651
(Reference to printed bill)
Page 1, strike lines 2 through 37
Renumber to conform
Line 41, strike "reduction" insert "deduction"
Line 45, strike "the first page of"; strike "a taxpayer"
Page 2, strike line 1; line 2, strike "tax, and"
Line 5, strike "the first page of"
Line 11, strike "dollar-for-dollar tax credit" insert "tax deduction"
Line 13, after "section" strike remainder of line
Line 17, strike "tax"; line 18, strike "credit" insert "voluntary donation"; strike "the first page of"
Line 32, after the period insert "The commission shall separately account for monies received in donations pursuant to subsection B of this section and shall not include these monies in any calculation of or transfer of excess monies to the general fund. Disbursement of Monies received in donations are exempt from the expenditure limitations prescribed in section 16‑949."
Page 3, line 16, after the period insert "Monies disbursed pursuant to this subsection are exempt from the expenditure limitations prescribed in section 16‑949."
Page 5, line 38, strike "fort-nine" insert "forty-nine"
Page 6, strike lines 5 through 45
Page 7, strike lines 1 through 40, insert:
"Sec. 4. Section 41-133, Arizona Revised Statutes, is amended to read:
41-133. Officeholder expenses; account; reporting; limitations; civil penalty; definition
A. Any person who holds elected statewide public office or a legislative office in this state, whether by election or appointment, may receive or spend monies to defray the costs of performing officeholder duties. The officeholder may choose to receive officeholder expense monies from the citizens clean elections commission pursuant to subsection b of this section or may choose to receive officeholder expense monies from individual contributors as prescribed by this subsection, but not both. For an officeholder who chooses to receive individual contributions, monies may be received as follows:
1. An officeholder may receive contributions pursuant to this section only from individuals, and the maximum amount that may be received from an individual during an election cycle is one hundred fifty dollars.
2. The total amount that an officeholder may receive or spend pursuant to this section during an election cycle is ninety-eight thousand three hundred sixty dollars for the governor, fifty-one thousand six hundred eighty dollars for the secretary of state and the attorney general, twenty‑five thousand eight hundred forty dollars for all other statewide officeholders and nine thousand eight hundred dollars for a legislator, which may include personal monies as prescribed by paragraph 3 of this subsection. The secretary of state shall adjust this amount biennially as prescribed in section 16‑905, subsection H.
3. An officeholder may contribute up to thirty per cent of the limits as prescribed by paragraph 2 of this subsection of the officeholder's personal monies to the officeholder's expense account.
B. For officeholders who choose to receive citizens clean elections fund monies for officeholder expense accounts, the citizens clean elections commission shall pay these monies in amounts as prescribed in section 16-956. The citizens clean elections commission shall prescribe forms and procedures to be used to administer monies received for these purposes.
B. C. For an officeholder's future campaign, monies received do not constitute a contribution as defined in section 16‑901 if the monies are received, expended and reported as prescribed in this section.
C. D. An officeholder shall establish a separate account for officeholder expenses, which shall be separate from any candidate campaign account. The officeholder shall file a statement of organization for the account designated as an officeholder expense account. Monies raised or spent for officeholder expenses shall be reported under campaign finance reporting requirements pursuant to title 16, chapter 6, article 1.
D. E. An officeholder shall not use monies in the officeholder account for campaign purposes. Permissible uses of monies in an officeholder account include the following:
1. Office equipment and supplies.
2. Travel related to the officeholder's duties.
3. Meeting or communicating with constituents.
4. Expenses for informational and educational purposes, including subscriptions to newspapers, magazines or other periodicals or websites or other informational services, membership or participation in community, professional or fraternal organizations and participation in conferences and seminars.
E. F. An officeholder shall not receive or spend monies from the officeholder account during the period beginning April 30 in an election year ninety days before the primary election, shall complete the purchase or otherwise use the item before April 30 in an election year ninety days before the primary election and shall not spend those monies until after the day of the general election.
G. For officeholders who received individual contributions for officeholder expenses, any monies remaining in the officeholder expense account beginning April 30 in an election year ninety days before the primary election may not be used except as follows:
1. Paid to the state general fund.
2. For a person who continues to hold office as prescribed in this section, carried forward to an officeholder expense account for another office or term of office, subject to the limitations prescribed by this section.
H. For officeholders who received monies from the citizens clean elections fund for officeholder expenses, any monies remaining in the officeholder expense account beginning ninety days before the primary election may not be used and shall be returned to the citizens clean elections fund not later than sixty days before the primary election day. For good cause shown, the commission may grant an extension of the deadline to return those monies to the fund.
F. I. An officeholder shall not transfer officeholder account monies to any other account or committee except for another officeholder account for that same officeholder.
G. J. Section 41‑1234.01 applies to individual contributions to an officeholder account for legislators.
H. K. A person who violates this section is subject to a civil penalty of three times any amount improperly received, spent or reported, which, for officeholders whose officeholder expense accounts are funded by the citizens clean elections commission, shall be assessed pursuant to section 16-956, subsection a, paragraph 7 and section 16-957.
I. L. Section 16‑924 applies for the implementation and enforcement of this section for officeholders who choose to receive individual contributions for an officeholder expense account.
J. Any monies held by an officeholder pursuant to the officeholder expense account rules established by the citizens clean elections commission are subject to this section, and the citizens clean elections commission has no further authority with respect to those monies.
K. M. For the purposes of this section, "officeholder" means a person who holds an elected statewide public office or a legislative office in this state, whether by election or appointment."
Page 10, strike lines 3 through 44
Strike pages 11 through 13
Page 14, strike lines 1 through 12
Renumber to conform
Line 18, strike "16-949,"
Amend title to conform
JOHN KAVANAGH |