Bill Text: AZ HCR2004 | 2017 | Fifty-third Legislature 1st Regular | Introduced
Bill Title: Clean elections repeal; education funding
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-15 - House APPROP Committee action: Failed To Pass, voting: (6-7-0-1-0-0) [HCR2004 Detail]
Download: Arizona-2017-HCR2004-Introduced.html
PREFILED JAN 06 2017
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REFERENCE TITLE: clean elections repeal; education funding |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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HCR 2004 |
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Introduced by Representative Leach
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A CONCURRENT RESOLUTION
enacting and ordering the submission to the people of a measure relating to the citizens clean elections act.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:
1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to the citizens clean elections act, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:
AN ACT
Amending section 16‑192, Arizona Revised Statutes; REPEALING SECTIONs 16-901.01, 16-940, 16-941, 16-942, 16‑943, 16‑945, 16‑946, 16‑947 and 16-948, ARIZONA REVISED STATUTES; providing for renumbering; amending section 16‑941, Arizona Revised Statutes, as renumbered; REPEALING sections 16‑950, 16‑951, 16‑952 and 16‑953, Arizona Revised Statutes; amending section 16‑942, Arizona Revised Statutes, as renumbered; repealing sections 16‑955, 16‑956, 16‑957, 16‑958, 16‑959, 16‑960 and 16‑961, Arizona Revised Statutes; amending section 41‑133, Arizona Revised Statutes; RELATING TO THE CITIZENS CLEAN ELECTIONS ACT.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-192, Arizona Revised Statutes, is amended to read:
16-192. Use of state, special taxing district resources to influence elections; prohibition; civil penalties; definitions
A. Notwithstanding any other law, this state and special taxing districts and any public agency, department, board, commission, committee, council or authority shall not spend or use public resources to influence an election, including the use or expenditure of monies, accounts, credit, materials, equipment, buildings, facilities, vehicles, postage, telecommunications, computer hardware and software, web pages and personnel and any other thing of value of the public entity.
B. The prohibition on the use of public resources to influence the outcome of bond, budget override and other tax-related elections includes the use of special taxing district-focused promotional expenditures that occur after an election is called and through election day. This prohibition does not include routine special taxing district communications.
C. This section does not prohibit:
1. The use of public resources, including facilities and equipment, for government-sponsored forums or debates if the government sponsor remains impartial and the events are purely informational and provide an equal opportunity to all viewpoints. The rental and use of a public facility by a private person or entity that may lawfully attempt to influence the outcome of an election is permitted if it does not occur at the same time and place as a government-sponsored forum or debate.
2. The presentation of factual information in a neutral manner for the purposes of educating and informing voters as otherwise provided by law, including information on a bond, budget, override, candidate or other type of election and including publications and activities otherwise prescribed by chapter 6, article 2 of this title for the citizens clean elections commission.
D. The attorney general, the county attorney for the county in which an alleged violation of this section occurs or any resident of the jurisdiction that is alleged to have committed a violation of this section may file an action in the superior court to enforce this section.
E. Any person or public entity that knowingly violates this section or that knowingly aids another person or public entity in violating this section is liable for a civil penalty of not more than five thousand dollars for each violation. The court also may order the person or public entity in violation to pay an additional penalty in an amount that equals the value of the public resources unlawfully used. The civil penalties shall be paid as follows:
1. For civil penalties ordered in an action filed by the attorney general, to the office of the attorney general to defray the costs of enforcement.
2. For civil penalties ordered in an action filed by the county attorney, to the office of the county treasurer for deposit into the general fund of the county.
3. For civil penalties ordered in an action filed by a resident of the jurisdiction in violation, to the resident.
F. This section does not deny the civil and political liberties of any person as guaranteed by the United States and Arizona Constitutions.
G. With respect to special taxing districts, this section applies only to those special taxing districts that are organized pursuant to title 48, chapters 5, 6, 8, 10, 13, 14, 15 and 16.
H. For the purposes of this section:
1. "Government-sponsored forum or debate" means any event, or part of an event or meeting, in which the government is an official sponsor, which is open to the public or to invited members of the public, and whose purpose is to inform the public about an issue or proposition that is before the voters.
2. "Influence an election" means supporting or opposing a candidate for nomination or election to public office or the recall of a public officer, or supporting or opposing a ballot measure, question or proposition, including any bond, budget or override election and supporting or opposing the circulation of a petition for the recall of a public officer or a petition for a ballot measure, question or proposition in any manner that is not impartial or neutral.
3. "Routine special taxing district communications" means messages or advertisements that are germane to the functions of the special district and that maintain the frequency, scope and distribution consistent with past practices or are necessary for public safety.
Sec. 2. Heading change
The article heading of title 16, chapter 6, article 2, Arizona Revised Statutes, is changed from "CITIZENS CLEAN ELECTIONS ACT" to "CITIZENS CLEAN ELECTIONS FUND".
Sec. 3. Repeal
Sections 16-901.01, 16-940, 16‑941, 16‑942, 16‑943, 16‑945, 16‑946, 16‑947 and 16-948, Arizona Revised Statutes, are repealed.
Sec. 4. Section 16-949, Arizona Revised Statutes, is renumbered as section 16-941, and as so renumbered, is amended to read:
16-941. Citizens clean elections fund
A. The commission shall not spend, on all costs incurred under this article during a particular calendar year, more than five dollars times the number of Arizona resident personal income tax returns filed during the previous calendar year. The commission may exceed this limit during a calendar year, provided that it is offset by an equal reduction of the limit during another calendar year during the same four‑year period beginning January 1 immediately after a gubernatorial election.
B. The commission may use up to ten per cent of the amount specified in subsection A of this section for reasonable and necessary expenses of administration and enforcement, including the activities specified in section 16‑956, subsection A, paragraphs 3 through 7 and subsections B and C. Any portion of the ten per cent not used for this purpose shall remain in the fund.
C. The commission may apply up to ten per cent of the amount specified in subsection A of this section for reasonable and necessary expenses associated with public education regarding participation as a candidate or a contributor, or regarding the functions, purpose and technical aspects of the act. Reasonable and necessary expenditures made pursuant to section 16‑956 are not included in this subsection.
D. The commission may spend monies in the fund for the reasonable and necessary expenses to implement the act but shall not use monies in the fund to promote the benefits of the clean elections act. Expenditures made pursuant to subsection C of this section or in section 16‑956, subsection A are deemed not to constitute promoting the benefits of the clean elections act. Expenditures pursuant to this subsection shall not be included in the limits prescribed in subsection C of this section.
E. A. The state treasurer shall administer a citizens clean elections fund from which costs incurred under this article shall be paid. The state treasurer shall transfer annually the monies in the fund to the department of education for an equitable per pupil distribution to school districts and charter schools for maintenance and operation purposes.
B. The auditor general shall review the monies in, payments into and expenditures from the fund no less often than every four years.
Sec. 5. Repeal
Sections 16-950, 16-951, 16-952 and 16-953, Arizona Revised Statutes, are repealed.
Sec. 6. Section 16-954, Arizona Revised Statutes, is renumbered as section 16-942, and as so renumbered, is amended to read:
16-942. Surcharge
A. Beginning January 1, 1999, An additional surcharge of ten per cent percent shall be imposed on all civil and criminal fines and penalties collected pursuant to section 12‑116.01 and shall be deposited into the citizens clean elections fund established by section 16-941.
B. At least once per year, the commission shall project the amount of monies that the fund will collect over the next four years and the time such monies shall become available. Whenever the commission determines that the fund contains more monies than the commission determines that it requires to meet current debts plus expected expenses, under the assumption that expected expenses will be at the expenditure limit in section 16‑949, subsection A, and taking into account the projections of collections, the commission shall designate such monies as excess monies and so notify the state treasurer, who shall thereupon transfer the excess monies to the general fund.
C. At least once per year, the commission shall project the amount of clean elections funding for which all candidates will have qualified pursuant to this article for the following calendar year. By the end of each year, the commission shall announce whether the amount that the commission plans to spend the following year pursuant to section 16‑949, subsection A exceeds the projected amount of clean elections funding. If the commission determines that the fund contains insufficient monies or the spending cap would be exceeded were all candidates' accounts to be fully funded, the commission may include in the announcement specifications for decreases in the following parameters, based on the commission's projections of collections and expenses for the fund, including that the fund will provide monies under section 16‑951 as a fraction of the amounts there specified.
D. If the commission cannot provide participating candidates with all monies specified under sections 16‑951 and 16‑952, as decreased by any announcement pursuant to subsection C of this section, the commission shall allocate any reductions in payments proportionately among candidates entitled to monies and shall declare an emergency. Upon declaration of an emergency, a participating candidate may accept private contributions to bring the total monies received by the candidate from the fund and from such private contributions up to the adjusted spending limits, as decreased by any announcement made pursuant to subsection C of this section.
Sec. 7. Repeal
Sections 16-955, 16-956, 16-957, 16-958, 16-959, 16-960 and 16-961, Arizona Revised Statutes, are repealed.
Sec. 8. 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 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 16‑931.
3. An officeholder may contribute up to thirty percent 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 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. 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, articles 1, 1.1, 1.2, 1.3, 1.4, 1.5, 1.6 and 1.7.
D. 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. An officeholder shall not receive or spend monies from the officeholder account during the period beginning April 30 in an election year, shall complete the purchase or otherwise use the item before April 30 in an election year and shall not spend those monies until after the day of the general election. Any monies remaining in the officeholder expense account beginning April 30 in an election year 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.
3. Donated to a political committee other than a person's exploratory committee or a candidate's campaign committee, unless the officeholder continues to hold office as prescribed in this section or the officeholder holds any other elected office immediately following completion of the officeholder's term.
4. Donated to an organization that qualifies under section 501(c)(4) of the United States internal revenue code, unless the officeholder continues to hold office as prescribed in this section or the officeholder holds any other elected office immediately following completion of the officeholder's term.
F. Except as prescribed in subsection E of this section, an officeholder shall not transfer officeholder account monies to any other account or committee except for another officeholder account for that same officeholder.
G. Section 41‑1234.01 applies to contributions to an officeholder account for legislators.
H. A person who violates this section is subject to a civil penalty of three times any amount improperly received, spent or reported.
I. Sections 16‑937 and 16‑938 apply for the implementation and enforcement of this section.
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. J. 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.
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.
