Bill
Number: S.B. 1289
Carter Floor Amendment
Reference to: printed bill
Amendment drafted by: Jake Agron
FLOOR AMENDMENT EXPLANATION
1. Requires a candidate to register as a candidate committee if that person collects one or more signatures on a candidate nomination petition.
2. States that a candidate committee is only required to file a campaign finance report if the candidate committee meets the monetary threshold that triggers registration.
First Regular Session S.B. 1289
CARTER FLOOR AMENDMENT
SENATE AMENDMENTS TO S.B. 1289
(Reference to printed bill)
Page 7, after line 21, insert:
"Sec. 4. Section 16-905, Arizona Revised Statutes, is amended to read:
16-905. Committee qualification; requirements; exemption; adjustments
A. A candidate for election or retention shall register as a candidate committee if the candidate receives contributions or makes expenditures, in any combination, of at least one thousand dollars $1,000 in connection with that candidacy or collects one or more signatures on a candidate nomination petition, whichever occurs first.
B. For city and town elections, a candidate for election or retention shall register as a candidate committee if the candidate receives contributions or makes expenditures, in any combination, of at least five hundred dollars $500 in connection with that candidacy or collects one or more signatures on a candidate nomination petition, whichever occurs first.
C. An entity shall register as a political action committee if both of the following apply:
1. The entity is organized for the primary purpose of influencing the result of an election.
2. The entity knowingly receives contributions or makes expenditures, in any combination, of at least one thousand dollars $1,000 in connection with any election during a calendar year.
D. A filing officer or enforcement officer shall make a rebuttable presumption that an entity is organized for the primary purpose of influencing the result of an election if the entity meets any of the following:
1. Except for a religious organization, assembly or institution, claims tax exempt status but had not filed form 1023 or form 1024 with the internal revenue service, or the equivalent successor form designated by the internal revenue service, before making a contribution or expenditure.
2. Made a contribution or expenditure and at that time had its tax exempt status revoked by the internal revenue service.
3. Made a contribution or expenditure and at that time failed to file form 990 with the internal revenue service, or the equivalent successor form designated by the internal revenue service, if required by law.
E. Except as prescribed in subsections B and C of this section and section 16‑938, a filing officer, enforcement officer or other officer of a city, town, county or other political subdivision of this state may not require an entity that claims tax exempt status under section 501(a) of the internal revenue code and that remains in good standing with the internal revenue service to do any of the following:
1. Register or file as a political action committee.
2. Report or otherwise disclose personally identifying information relating to individuals who have made contributions to that entity.
3. Disclose its schedule B, form 990.
4. Submit to an audit or subpoena or produce evidence regarding a potential campaign finance violation.
F. A fund that is established by a corporation, limited liability company, labor organization or partnership for the purpose of influencing the result of an election shall register as a political action committee.
G. An entity may register as a political party committee only as prescribed in chapter 5 of this title.
H. A committee is not subject to state income tax and is not required to file a state income tax return.
I. The dollar amounts prescribed by subsections A and C of this section shall be increased every two years pursuant to section 16‑931.
Sec. 5. Section 16-927, Arizona Revised Statutes, is amended to read:
16-927. Campaign finance reporting period
A. A political action committee and political party shall file a campaign finance report covering each reporting period as follows:
1. For a calendar quarter without an election, the political action committee or political party shall file a quarterly report. The quarterly report shall be:
(a) Filed not later than the fifteenth day after the calendar quarter.
(b) Complete through the last day of the calendar quarter.
2. For a calendar quarter with an election, the political action committee or political party shall file a preelection and postelection report as follows:
(a) A preelection report shall be:
(i) Filed not later than ten days before the election.
(ii) Complete from the first day of the applicable calendar quarter through the seventeenth day before the election.
(b) A postelection report shall be:
(i) Filed not later than the fifteenth day after the applicable calendar quarter.
(ii) Complete from the sixteenth day before the election through the last day of the applicable calendar quarter.
B. A candidate committee shall file a campaign finance report if the
candidate committee meets the monetary threshold prescribed in section 16-905 and only during the four calendar quarters comprising the twelve‑month period preceding the general election for the office for which the candidate is seeking election, or for cities and towns, the city's or town's second, runoff or general election, however designated by the city or town. The reporting period for a candidate committee's first campaign finance report of the election cycle shall include the entire election cycle to date.
C. A committee shall file campaign finance reports until terminated."
Amend title to conform