Arkansas 2025 2025 Regular Session

Arkansas House Bill HB1369 Draft / Bill

Filed 02/03/2025

                    Stricken language would be deleted from and underlined language would be added to present law. 
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State of Arkansas     1 
95th General Assembly A Bill     2 
Regular Session, 2025  	HOUSE BILL 1369 3 
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By: Representative Ray 5 
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For An Act To Be Entitled 8 
AN ACT CONCERNING THE ESTABLISHMENT OF THE MAXIMUM 9 
CAMPAIGN CONTRIBUTION LIMIT BY THE ARKANSAS ETHICS 10 
COMMISSION; AMENDING PORTIONS OF LAW RESULTING FROM 11 
INITIATED ACT 1 OF 1990 AND INITIATED ACT 1 OF 1996; 12 
DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. 13 
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Subtitle 16 
CONCERNING THE ESTABLISHMENT OF THE 17 
MAXIMUM CAMPAIGN CONTRIBUTION LIMIT BY 18 
THE ARKANSAS ETHICS COMMISSION; AMENDING 19 
PORTIONS OF LAW RESULTING FROM INITIATED 20 
ACTS; AND DECLARING AN EMERGENCY. 21 
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23 
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 SECTION 1.  Arkansas Code § 7 -6-203(a)(1)(A), concerning campaign 25 
contribution limitations and resulting from Initiated Act 1 of 1990 and 26 
Initiated Act 1 of 1996, is amended to read as follows:   27 
 (a)(1)(A)  It shall be unlawful for any candidate for any public office 28 
or for any person acting on the candidate's behalf to accept campaign 29 
contributions in excess of the maximum campaign contribution level limit 30 
established by rule of the Arkansas Ethics Commission under subsection (i) of 31 
this section per election from: 32 
 (i)  An individual; 33 
 (ii) A political party that meets the definition of a 34 
political party under § 7 -1-101; 35 
 (iii) A political party that meets the requirements 36    	HB1369 
 
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of § 7-7-205; 1 
 (iv) A county political party committee; 2 
 (v)  A legislative caucus committee; or 3 
 (vi) An approved political action committee. 4 
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 SECTION 2.  Arkansas Code § 7 -6-203(b)(1)(A), concerning campaign 6 
contribution limitations and resulting from Initiated Act 1 of 1990 and 7 
Initiated Act 1 of 1996, is amended to read as follows:   8 
 (b)(1)(A)  It shall be unlawful for any person to make a contribution 9 
to a candidate for any public office or to any person acting on the 10 
candidate's behalf, which in the aggregate amount exceeds the maximum 11 
campaign contribution limit established by rule of the Arkansas Ethics 12 
Commission per election. 13 
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 SECTION 3.  Arkansas Code § 7 -6-203(i), concerning the establishment of 15 
the maximum campaign contribution limit, is amended to read as follows:   16 
 (i)(1) The Arkansas Ethics Commission shall establish the maximum 17 
campaign contribution limit by rule as follows: 18 
 (1)(A) The adjusted maximum campaign contribution limit 19 
shall be calculated from a base amount of two thousand dollars ($2,000) three 20 
thousand three hundred dollars ($3,300) as of January 1, 2015 2025; 21 
 (2)(B)(i) The contribution limits maximum campaign 22 
contribution limit shall be adjusted at the beginning of each odd-numbered 23 
year in an amount equal to the percentage certified to the Federal Election 24 
Commission by the United States Bureau of Labor Statistics United States 25 
Secretary of Labor under 52 U.S.C. § 30116(c) as existing on January 1, 2015: 26 
2025. 27 
 (ii)  The adjustment under subdivision (i)(1)(B)(i) 28 
of this section shall occur as soon as practicable following the 29 
certification to the Federal Election Commission by the United States 30 
Secretary of Labor, but no later than thirty (30) days following the 31 
certification; and  32 
 (3)(C) If the amount of the maximum campaign contribution 33 
limit after adjustment under subdivision (i)(2)(i)(1)(B) of this section is 34 
not a multiple of one hundred dollars ($100), the Arkansas Ethics Commission 35 
shall round the amount to the nearest multiple of one hundred dollars ($100)	; 36    	HB1369 
 
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and. 1 
 (4)(2)(A) The Arkansas Ethics Commission shall promulgate rules 2 
identifying the adjusted contribution limit under this subsection :  3 
 (i)  Publish the maximum campaign contribution limit 4 
established under subdivision (i)(1) of this section on the official website 5 
of the Arkansas Ethics Commission and in any other location or format deemed 6 
necessary by the Arkansas Ethics Commission; and 7 
 (ii)  Make the maximum campaign contribution limit 8 
established under subdivision (i)(1) of this section available to the 9 
Secretary of State, elected public officials, candidates, committees under 10 
this subchapter, and the public . 11 
 (B)  The maximum campaign contribution limit established 12 
under subdivision (i)(1) of this section shall be effective upon being 13 
published on the official website of the Arkansas Ethics Commission.   14 
 (C)  The maximum campaign contribution limit established 15 
under subdivision (i)(1) of this section: 16 
 (i)  Is not a rule under §§ 10 -3-309 and 25-15-202;  17 
and 18 
 (ii)  Shall not be promulgated under the Arkansas 19 
Administrative Procedure Act, § 25 -15-201 et seq.   20 
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 SECTION 4.  Arkansas Code § 10 -3-309(b)(1)(B), concerning the review 22 
and approval of state agency rules, is amended to add an additional 23 
subdivision to read as follows:  24 
 (vi)  An adjustment to the maximum campaign 25 
contribution limit under § 7 -6-203(i).   26 
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 SECTION 5.  Arkansas Code § 25 -15-202(9)(B), concerning the definition 28 
of "rule" in the Arkansas Administrative Procedure Act, is amended to add an 29 
additional subdivision to read as follows:  30 
 (ix)  An adjustment to the maximum campaign 31 
contribution limit under § 7 -6-203(i).   32 
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 SECTION 6.  EMERGENCY CLAUSE.  It is found and determined by the 34 
General Assembly of the State of Arkansas that standardizing the laws related 35 
to campaign finance contributes significantly to the public peace, health, 36    	HB1369 
 
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and safety of the citizens of the State of Arkansas; that the public peace, 1 
health, and safety is negatively affected by unclear campaign finance laws 2 
which lead to unintentional violations of the law and inhibit the ability of 3 
citizens to exercise their right to political expression; that this act 4 
preserves the public peace, health, and safety by ensuring that political 5 
donors, political candidates, and elected officials are free from unintended 6 
limits of their political expression by providing a more efficient and 7 
transparent manner of establishing the state's maximum campaign contribution 8 
limit; and that this act also preserves the public peace, health, and safety 9 
by eliminating unnecessary rulemaking processes, thereby avoiding the use of 10 
public funds in that rulemaking that can be allocated to other pressing needs 11 
of the state.  Therefore, an emergency is declared to exist, and this act 12 
being immediately necessary for the preservation of the public peace, health, 13 
and safety shall become effective on: 14 
 (1)  The date of its approval by the Governor; 15 
 (2)  If the bill is neither approved nor vetoed by the Governor, 16 
the expiration of the period of time during which the Governor may veto the 17 
bill; or 18 
 (3)  If the bill is vetoed by the Governor and the veto is 19 
overridden, the date the last house overrides the veto. 20 
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