Senate Engrossed House Bill

 

 

 

State of Arizona

House of Representatives

Fiftieth Legislature

Second Regular Session

2012

 

 

HOUSE BILL 2033

 

 

 

AN ACT

 

Amending section 16‑916, Arizona Revised Statutes; amending title 41, chapter 1, article 2, Arizona Revised Statutes, by adding section 41‑134; 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 16-916, Arizona Revised Statutes, is amended to read:

START_STATUTE16-916.  Filing statements of contributions and expenditures; public inspection

A.  Except as provided in subsection B of this section, the statements, designations and reports required to be filed pursuant to this article shall be filed as follows:

1.  In the office of the secretary of state for political committees supporting or opposing the recall of a public officer elected statewide or to the legislature, supporting the circulation of petitions for ballot measures, questions and propositions appearing on a state general election ballot or recall of public officials elected statewide or to the legislature or supporting or opposing candidates for state offices and members of the legislature, for justices of the supreme court, for judges of the court of appeals and for a statewide initiative or referendum or any measure or proposition appearing on a state general election ballot.  The office of the secretary of state shall post to its website in a format that is viewable by the public the campaign finance information prescribed by this section.

2.  With the county officer in charge of elections for political committees supporting or opposing the recall of public officers elected to county offices, school district governing boards, community college district governing boards or judges of the superior court, supporting the circulation of petitions for ballot measures, questions and propositions appearing on a county election ballot or for the recall of a public officer elected to county offices, school district governing boards, community college district governing boards or judges of the superior court or supporting or opposing candidates for county offices, school district governing board members or ballot questions, community college district governing board members or ballot questions, judges of the superior court seeking retention, special taxing districts and a county initiative or referendum or any measure or proposition appearing on a county election ballot.  For any county with a population of more than one hundred thousand persons that operates a website, the county officer in charge of elections shall post to that website in a format that is viewable by the public the campaign finance information prescribed by this section, which shall include the names of candidates who have filed an exemption statement pursuant to section 16-902.01, subsection A with that filing officer.  The posting requirements of this paragraph do not apply to reports where less than five hundred dollars is spent.

3.  With the city or town clerk for political committees supporting or opposing the recall of public officers elected to city or town offices, supporting the circulation of petitions for ballot measures, questions and propositions appearing on a city or town election ballot or recall of public officers elected for city or town offices or supporting or opposing candidates for city or town offices and for a city or town initiative or referendum or any measure or proposition appearing on a city or town election ballot.  For any city or town with a population of more than two thousand five hundred persons that operates a website, the city or town shall post to that website in a format that is viewable by the public the campaign finance information prescribed by this section, which shall include the names of candidates who have filed an exemption statement pursuant to section 16‑902.01, subsection A.  For a city or town without a website, the information shall be posted on the website operated by an association of cities and towns in this stateThe posting requirements of this paragraph do not apply to reports where less than five hundred dollars is spent.

B.  Campaign finance reports required pursuant to section 16‑913 for the office of member of the legislature and statewide offices shall be filed with the secretary of state in the manner prescribed by the secretary of state.  The secretary of state may provide through the procedures manual adopted pursuant to section 16‑452 for an alternative method for providing public access to the reports prescribed by this section.

C.  For all statements, designations and reports, the date of filing is the date of actual receipt by the officer with whom the document is required to be filed except as follows:

1.  For documents filed by certified mail with a United States mail postmark, the date of mailing constitutes the date of filing.

2.  For documents filed by commercial delivery services that provide a standardized delivery confirmation process, the date of delivery confirmation constitutes the date of filing.

3.  For documents filed by commercial delivery services that provide for electronic tracking of specific delivery packages, the date of electronic confirmation of delivery constitutes the date of filing.

D.  If the date for filing any statement, designation or report required by this article is a Saturday, a Sunday or another legal holiday, the filing deadline is the next day that is not a Saturday, a Sunday or another legal holiday. END_STATUTE

Sec. 2.  Title 41, chapter 1, article 2, Arizona Revised Statutes, is amended by adding section 41-134, to read:

START_STATUTE41-134.  Electronic database system; procedures

A.  Subject to legislative appropriation or transfer of monies, the secretary of state shall develop electronic database systems for financial disclosures required under title 38, chapter 3.1, article 1 and lobbyist reporting requirements under chapter 7, article 8.1 of this title.

B.  The electronic database system shall allow a county, city or town to elect to use the secretary of state's system subject to:

1.  Approval of the local governing body.

2.  The local governing body conforming the local governing body's financial disclosure requirement and lobbying disclosure requirements with requirements of this state.

C.  This section does not require the secretary of state to provide for a system that complies with filing requirements other than those required in sections 38‑542 and 38‑543 and chapter 7, article 8.1 of this title. END_STATUTE

Sec. 3.  Legislative intent

It is the intent of the legislature by this act to increase transparency in campaign finance compliance in a manner that improves access to information for members of the general public at different levels of local and county government, and to provide for improved voter education, and that this increase in access and transparency will result in a better informed and educated voting public.