REFERENCE TITLE: campaign finance; caregiving expenditures

 

 

 

 

State of Arizona

House of Representatives

Fifty-sixth Legislature

First Regular Session

2023

 

 

 

HB 2134

 

Introduced by

Representative Salman

 

 

 

 

 

 

 

 

An Act

 

amending section 16-921, 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. Section 16-921, Arizona Revised Statutes, is amended to read:

START_STATUTE16-921. Exemptions from definition of expenditure

A. A person may make any expenditure not otherwise prohibited by law.

B. The following are not expenditures:

1. The value of an individual's volunteer services or expenses that are provided without compensation or reimbursement, including the individual's:

(a) Travel expenses.

(b) Use of real or personal property.

(c) Cost of invitations, food or beverages.

(d) Use of e-mail email, internet activity or social media messages, only if the individual's use is not paid for by the individual or any other person and if the e-mails emails, social media messages or other internet activities do not contain or include transmittal of a paid advertisement or paid fund-raising fundraising solicitation.

2. The value of any news story, commentary or editorial by any broadcasting station, cable television operator, video service provider, programmer or producer, newspaper, magazine, website or other periodical publication that is not owned or operated by a candidate, a candidate's spouse or any committee.

3. The payment by any person to defray a political party's operating expenses or party-building activities, including:

(a) Party staff and personnel.

(b) Studies and reports.

(c) Voter registration, recruitment, polling and turnout efforts.

(d) Party conventions and party meetings.

(e) Construction, purchase or lease of party buildings or facilities.

4. The value of any of the following to a committee:

(a) Interest earned on the committee's deposits or investments.

(b) Transfers between committees to reimburse expenses and distribute monies raised through a joint fund-raising fundraising effort, except that contributions shall be allocated as described in the fund-raising fundraising solicitation and expenses shall be allocated in the same proportion as contributions.

(c) Payment of a committee's legal or accounting expenses.

(d) An extension of credit for goods and services on a committee's behalf by a creditor if the terms are substantially similar to extensions of credit to nonpolitical debtors that are of similar risk and size of obligation.  The creditor must make a commercially reasonable attempt to collect the debt, except that if an extension of credit remains unsatisfied by the committee after six months the committee is deemed to have received a contribution but the creditor is not deemed to have made a contribution.

5. The value of nonpartisan communications that are intended to encourage voter registration and turnout efforts.

6. Any payment by a person that is not a committee to a filing officer for arguments in a publicity pamphlet.

7. Any payment for legal or accounting services that are provided to a committee.

8. The payment of costs of publishing a book or producing a documentary, if the publication and production are for distribution to the general public through traditional distribution mechanisms or a fee is obtained for the purchase of the publication or viewing of the documentary.

C. A candidate committee's payment for direct care, protection and supervision of a child or other individual for whom the candidate has direct caregiving responsibilities is a lawful expenditure of CANDIDATE committee monies.

C. D. This section does not imply that any transactions that are not specifically listed in subsection B of this section are expenditures unless those transactions otherwise meet the definition of expenditure as defined in section 16-901. END_STATUTE

Sec. 2. Legislative intent

The legislature intends that the amendments to section 16-921, Arizona Revised Statutes, are clarifying changes only and do not constitute substantive changes to existing law.