Bill Text: AZ SB1265 | 2013 | Fifty-first Legislature 1st Regular | Introduced
Bill Title: Campaign finance; intermediary disclosure
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2013-01-31 - Referred to Senate ELEC Committee [SB1265 Detail]
Download: Arizona-2013-SB1265-Introduced.html
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REFERENCE TITLE: campaign finance; intermediary disclosure |
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State of Arizona Senate Fifty-first Legislature First Regular Session 2013
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SB 1265 |
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Introduced by Senators Farley: Ableser, Hobbs, Jackson Jr.
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AN ACT
amending sections 16-907 and 16-915, 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 16-907, Arizona Revised Statutes, is amended to read:
16-907. Prohibited contributions; intermediaries; classification
A. Any person who makes a contribution in the name of another person or who otherwise acts as an intermediary or agent of another or who knowingly permits his name to be used to effect such a contribution and shall fully disclose to the recipient of the contribution both the identification of the person acting as the intermediary or agent, the identification of the person who is the original source of the contribution and the identification of any other person acting as an intermediary between one or more intermediaries or sources. Any person who receives a contribution made by one person in the name of another person or from a person who otherwise acts as an intermediary or agent of another shall fully disclose the identification of the person who is acting as the intermediary or agent, the identification of the person who is the original source of the contribution and the identification of any other person acting as an intermediary between one or more intermediaries or sources. Any person who knowingly gives or accepts a contribution made by one person in the name of another person without fully disclosing the identification of any intermediaries and the identification of the original source of the contribution is guilty of a class 6 felony.
B. Except for a contribution to a candidate's campaign committee, an individual or political committee shall not give and a political party or other political committee shall not accept an earmarked contribution.
C. For the purposes of this article, a contribution from partnership funds shall only be made in the name of the individual partners who make the contribution.
D. A standing political committee shall not act as a campaign committee or a sponsoring organization for any candidate, initiative, referendum or recall but may contribute to other political committees as provided by law.
Sec. 2. Section 16-915, Arizona Revised Statutes, is amended to read:
16-915. Contents of campaign finance reports
A. Each campaign finance report required by section 16‑913 shall set forth all of the following:
1. The amount of cash on hand at the beginning of the reporting period.
2. For the reporting period and the election, the total amount of all receipts and an itemized list of all receipts in the following categories, together with the total of all receipts in each category:
(a) Contributions from individuals.
(b) Contributions from political committees.
(c) For a candidate's campaign committee, the candidate's contribution or promise of personal monies, including loans guaranteed by the candidate.
(d) All other loans.
(e) Rebates, refunds and other offsets to operating expenditures.
(f) Dividends, interest and other forms of receipts.
(g) The value of in‑kind contributions.
3. The identification of each:
(a) Individual who makes any contribution during the period covered by the report and whose total contribution or contributions for that election have an aggregate amount exceeding fifty dollars together with the date and amount of the contributions, except as provided in subsection E of this section. Contributions of fifty dollars or less may be aggregated.
(b) Political committee that makes a contribution during the period covered by the report together with the date and amount of the contribution.
(c) Person who makes a loan during the period covered by the report, together with the identification of any endorser or guarantor of the loan and the amount endorsed or guaranteed by each, and the date and amount of the loan.
(d) Person who provides any rebate, refund or other offset to operating expenditures during the period covered by the report together with the date and amount of the receipt.
(e) Person who provides a dividend, interest or other receipt during the period covered by the report together with the date and amount of the receipt.
(f) Intermediary for a contribution to the committee. A person or entity is an intermediary for a contribution if the recipient of the contribution would have considered the person or entity to be the contributor without the disclosure of the identity of the original source of the contribution or if the original source of the contribution knows or has reason to know that the monies provided will be commingled with other monies used to make one or more contributions.
4. For the reporting period and the election, the total amount of all disbursements and an itemized list of all disbursements in the following categories together with the total of all disbursements in each category:
(a) Expenditures, other than a contract, promise or agreement to make an expenditure resulting in an extension of credit, made to meet committee operating expenses.
(b) Transfers to other political committees.
(c) For a candidate's campaign committee, the repayment of loans made or guaranteed by the candidate.
(d) Repayment of all other loans.
(e) Refunds of contributions received and other offsets to contributions.
(f) Loans made by the reporting political committee.
(g) The value of in‑kind contributions received.
(h) Independent expenditures together with the information required pursuant to subsection F of this section.
(i) Any other disbursements.
5. The name and address of each recipient of an expenditure made during the period covered by the report and, in the case of a disbursement to a political committee, the identification number issued on the filing of a statement of organization as prescribed by section 16‑902.01, together with the date, the amount of the expenditure and a clear description of the items or services purchased.
6. An itemized account of the campaign debts and extensions of credit that are owed by the candidate or political committee and that remain outstanding including the name and address of the obligee or creditor, the amount owed, whether the amount is certain or estimated and on what basis, and the purpose of the obligation. An obligation that is itemized on a campaign finance report shall be listed on all subsequent finance reports until extinguished.
7. The total sum of all receipts, together with the total receipts less offsets, and the total sum of all disbursements, together with the total disbursements less offsets, for both the period covered by the report and the election.
B. The amount of an in‑kind contribution shall be equal to the usual and normal value on the date received by the political committee as determined by generally accepted accounting principles.
C. Campaign finance reports shall be cumulative for the election to which they relate, but if there has been no change during the period covered by a report in an item listed in a previous report for that election, only the amount need be carried forward.
D. A candidate's campaign committee or a political committee that makes contributions to candidates and that has received prior contributions from an individual or a political committee for an election shall show in each report for that election the cumulative total received from that source.
E. In the case of a political committee that receives contributions through a payroll deduction plan, that committee is not required to separately itemize each additional contribution received from the contributor during the reporting period. In lieu of the separate itemization required by subsection A, paragraph 2 of this section, the committee may report all of the following:
1. The aggregate amount of contributions received from the contributor through the payroll deduction plan during the reporting period.
2. The identification of the individual.
3. A statement of the amount deducted per pay period.
F. An independent expenditure report shall contain all of the following:
1. The name and address of any person to whom an independent expenditure was made.
2. The date and amount of the independent expenditure.
3. The purpose of the independent expenditure including a description of what was purchased.
4. The name of each candidate whose election or defeat was advocated by the expenditure and, for each such candidate, the office sought by the candidate and the year of the election.
5. The names, occupations, employers and amount contributed by each of the three contributors that contributed the most money within the preceding six months provided that if any other contributor contributed the same amount during this time period as any of the top three contributors the information shall be provided for that contributor as well. If any of these contributors is a political committee, the report shall include the names, occupations and employers of the committee's chairman and treasurer.
6. Under penalty of perjury, a certification stating whether or not the claimed independent expenditure is made in cooperation, consultation or concert with or at the request or suggestion of any candidate or any campaign committee or agent of that candidate. END_STATUTE
