11 | 9 | | 7 |
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12 | 10 | | For An Act To Be Entitled 8 |
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13 | 11 | | AN ACT CONCERNING THE ESTABLISHMENT OF THE MAXIMUM 9 |
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14 | 12 | | CAMPAIGN CONTRIBUTION LIMIT BY THE ARKANSAS ETHICS 10 |
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15 | 13 | | COMMISSION; AMENDING PORTIONS OF LAW RESULTING FROM 11 |
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16 | 14 | | INITIATED ACT 1 OF 1990 AND INITIATED ACT 1 OF 1996; 12 |
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17 | 15 | | DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. 13 |
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18 | 16 | | 14 |
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19 | 17 | | 15 |
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20 | 18 | | Subtitle 16 |
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21 | 19 | | CONCERNING THE ESTABLISHMENT OF THE 17 |
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22 | 20 | | MAXIMUM CAMPAIGN CONTRIBUTION LIMIT BY 18 |
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23 | 21 | | THE ARKANSAS ETHICS COMMISSION; AMENDING 19 |
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24 | 22 | | PORTIONS OF LAW RESULTING FROM INITIATED 20 |
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25 | 23 | | ACTS; AND DECLARING AN EMERGENCY. 21 |
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26 | 24 | | 22 |
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27 | 25 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23 |
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28 | 26 | | 24 |
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29 | 27 | | SECTION 1. Arkansas Code § 7 -6-203(a)(1)(A), concerning campaign 25 |
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30 | 28 | | contribution limitations and resulting from Initiated Act 1 of 1990 and 26 |
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31 | 29 | | Initiated Act 1 of 1996, is amended to read as follows: 27 |
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32 | 30 | | (a)(1)(A) It shall be unlawful for any candidate for any public office 28 |
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33 | 31 | | or for any person acting on the candidate's behalf to accept campaign 29 |
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34 | 32 | | contributions in excess of the maximum campaign contribution level limit 30 |
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35 | 33 | | established by rule of the Arkansas Ethics Commission under subsection (i) of 31 |
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36 | 34 | | this section per election from: 32 |
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37 | 35 | | (i) An individual; 33 |
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38 | 36 | | (ii) A political party that meets the definition of a 34 |
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39 | 37 | | political party under § 7 -1-101; 35 |
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45 | 41 | | of § 7-7-205; 1 |
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46 | 42 | | (iv) A county political party committee; 2 |
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47 | 43 | | (v) A legislative caucus committee; or 3 |
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48 | 44 | | (vi) An approved political action committee. 4 |
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49 | 45 | | 5 |
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50 | 46 | | SECTION 2. Arkansas Code § 7 -6-203(b)(1)(A), concerning campaign 6 |
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51 | 47 | | contribution limitations and resulting from Initiated Act 1 of 1990 and 7 |
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52 | 48 | | Initiated Act 1 of 1996, is amended to read as follows: 8 |
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53 | 49 | | (b)(1)(A) It shall be unlawful for any person to make a contribution 9 |
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54 | 50 | | to a candidate for any public office or to any person acting on the 10 |
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55 | 51 | | candidate's behalf, which in the aggregate amount exceeds the maximum 11 |
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56 | 52 | | campaign contribution limit established by rule of the Arkansas Ethics 12 |
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57 | 53 | | Commission per election. 13 |
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58 | 54 | | 14 |
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59 | 55 | | SECTION 3. Arkansas Code § 7 -6-203(i), concerning the establishment of 15 |
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60 | 56 | | the maximum campaign contribution limit, is amended to read as follows: 16 |
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61 | 57 | | (i)(1) The Arkansas Ethics Commission shall establish the maximum 17 |
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62 | 58 | | campaign contribution limit by rule as follows: 18 |
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63 | 59 | | (1)(A) The adjusted maximum campaign contribution limit 19 |
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75 | | - | Secretary of Labor, but no later than the later of: 31 |
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76 | | - | (a) Thirty (30) days following the 32 |
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77 | | - | certification; or 33 |
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78 | | - | (b) The next regularly scheduled meeting of 34 |
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79 | | - | the Arkansas Ethics Commission. 35 |
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80 | | - | (3)(C) If the amount of the maximum campaign contribution 36 As Engrossed: H2/20/25 S3/3/25 HB1369 |
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| 71 | + | Secretary of Labor, but no later than thirty (30) days following the 31 |
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| 72 | + | certification; and 32 |
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| 73 | + | (3)(C) If the amount of the maximum campaign contribution 33 |
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| 74 | + | limit after adjustment under subdivision (i)(2)(i)(1)(B) of this section is 34 |
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| 75 | + | not a multiple of one hundred dollars ($100), the Arkansas Ethics Commission 35 |
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| 76 | + | shall round the amount to the nearest multiple of one hundred dollars ($100) ; 36 HB1369 |
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82 | | - | 3 03-03-2025 13:50:58 MBM125 |
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| 78 | + | 3 02/03/2025 10:55:41 AM MBM125 |
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| 79 | + | and. 1 |
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| 80 | + | (4)(2)(A) The Arkansas Ethics Commission shall promulgate rules 2 |
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| 81 | + | identifying the adjusted contribution limit under this subsection : 3 |
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| 82 | + | (i) Publish the maximum campaign contribution limit 4 |
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| 83 | + | established under subdivision (i)(1) of this section on the official website 5 |
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| 84 | + | of the Arkansas Ethics Commission and in any other location or format deemed 6 |
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| 85 | + | necessary by the Arkansas Ethics Commission; and 7 |
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| 86 | + | (ii) Make the maximum campaign contribution limit 8 |
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| 87 | + | established under subdivision (i)(1) of this section available to the 9 |
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| 88 | + | Secretary of State, elected public officials, candidates, committees under 10 |
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| 89 | + | this subchapter, and the public . 11 |
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| 90 | + | (B) The maximum campaign contribution limit established 12 |
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| 91 | + | under subdivision (i)(1) of this section shall be effective upon being 13 |
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| 92 | + | published on the official website of the Arkansas Ethics Commission. 14 |
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| 93 | + | (C) The maximum campaign contribution limit established 15 |
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| 94 | + | under subdivision (i)(1) of this section: 16 |
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| 95 | + | (i) Is not a rule under §§ 10 -3-309 and 25-15-202; 17 |
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| 96 | + | and 18 |
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| 97 | + | (ii) Shall not be promulgated under the Arkansas 19 |
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| 98 | + | Administrative Procedure Act, § 25 -15-201 et seq. 20 |
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| 99 | + | 21 |
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| 100 | + | SECTION 4. Arkansas Code § 10 -3-309(b)(1)(B), concerning the review 22 |
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| 101 | + | and approval of state agency rules, is amended to add an additional 23 |
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| 102 | + | subdivision to read as follows: 24 |
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| 103 | + | (vi) An adjustment to the maximum campaign 25 |
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| 104 | + | contribution limit under § 7 -6-203(i). 26 |
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| 105 | + | 27 |
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| 106 | + | SECTION 5. Arkansas Code § 25 -15-202(9)(B), concerning the definition 28 |
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| 107 | + | of "rule" in the Arkansas Administrative Procedure Act, is amended to add an 29 |
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| 108 | + | additional subdivision to read as follows: 30 |
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| 109 | + | (ix) An adjustment to the maximum campaign 31 |
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| 110 | + | contribution limit under § 7 -6-203(i). 32 |
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| 111 | + | 33 |
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| 112 | + | SECTION 6. EMERGENCY CLAUSE. It is found and determined by the 34 |
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| 113 | + | General Assembly of the State of Arkansas that standardizing the laws related 35 |
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| 114 | + | to campaign finance contributes significantly to the public peace, health, 36 HB1369 |
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84 | | - | |
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85 | | - | limit after adjustment under subdivision (i)(2)(i)(1)(B) of this section is 1 |
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86 | | - | not a multiple of one hundred dollars ($100), the Arkansas Ethics Commission 2 |
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87 | | - | shall round the amount to the nearest multiple of one hundred dollars ($100) ; 3 |
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88 | | - | and. 4 |
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89 | | - | (4)(2)(A) The Arkansas Ethics Commission shall promulgate rules 5 |
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90 | | - | identifying the adjusted contribution limit under this subsection : 6 |
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91 | | - | (i) Publish the maximum campaign contribution limit 7 |
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92 | | - | established under subdivision (i)(1) of this section on the official website 8 |
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93 | | - | of the Arkansas Ethics Commission and in any other location or format deemed 9 |
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94 | | - | necessary by the Arkansas Ethics Commission; and 10 |
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95 | | - | (ii) Make the maximum campaign contribution limit 11 |
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96 | | - | established under subdivision (i)(1) of this section available to the 12 |
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97 | | - | Secretary of State, elected public officials, candidates, committees under 13 |
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98 | | - | this subchapter, and the public . 14 |
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99 | | - | (B) The maximum campaign contribution limit established under 15 |
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100 | | - | subdivision (i)(1) of this section shall be: 16 |
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101 | | - | (i) Effective upon being published upon the official 17 |
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102 | | - | website of the Arkansas Ethics Commission; and 18 |
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103 | | - | (ii) Retroactive to the date of the certification to 19 |
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104 | | - | the Federal Election Commission by the United States Secretary of Labor under 20 |
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105 | | - | subdivision (i)(1)(B)(i) of this section. 21 |
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106 | | - | (C) The maximum campaign contribution limit established under 22 |
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107 | | - | subdivision (i)(1) of this section: 23 |
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108 | | - | (i) Is not a rule under §§ 10 -3-309 and 25-15-202; 24 |
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109 | | - | and 25 |
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110 | | - | (ii) Shall not be promulgated under the Arkansas 26 |
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111 | | - | Administrative Procedure Act, § 25 -15-201 et seq. 27 |
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| 116 | + | 4 02/03/2025 10:55:41 AM MBM125 |
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| 117 | + | and safety of the citizens of the State of Arkansas; that the public peace, 1 |
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| 118 | + | health, and safety is negatively affected by unclear campaign finance laws 2 |
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| 119 | + | which lead to unintentional violations of the law and inhibit the ability of 3 |
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| 120 | + | citizens to exercise their right to political expression; that this act 4 |
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| 121 | + | preserves the public peace, health, and safety by ensuring that political 5 |
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| 122 | + | donors, political candidates, and elected officials are free from unintended 6 |
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| 123 | + | limits of their political expression by providing a more efficient and 7 |
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| 124 | + | transparent manner of establishing the state's maximum campaign contribution 8 |
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| 125 | + | limit; and that this act also preserves the public peace, health, and safety 9 |
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| 126 | + | by eliminating unnecessary rulemaking processes, thereby avoiding the use of 10 |
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| 127 | + | public funds in that rulemaking that can be allocated to other pressing needs 11 |
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| 128 | + | of the state. Therefore, an emergency is declared to exist, and this act 12 |
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| 129 | + | being immediately necessary for the preservation of the public peace, health, 13 |
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| 130 | + | and safety shall become effective on: 14 |
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| 131 | + | (1) The date of its approval by the Governor; 15 |
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| 132 | + | (2) If the bill is neither approved nor vetoed by the Governor, 16 |
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| 133 | + | the expiration of the period of time during which the Governor may veto the 17 |
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| 134 | + | bill; or 18 |
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| 135 | + | (3) If the bill is vetoed by the Governor and the veto is 19 |
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| 136 | + | overridden, the date the last house overrides the veto. 20 |
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| 137 | + | 21 |
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| 138 | + | 22 |
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| 139 | + | 23 |
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| 140 | + | 24 |
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| 141 | + | 25 |
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| 142 | + | 26 |
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| 143 | + | 27 |
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113 | | - | SECTION 4. Arkansas Code § 10 -3-309(b)(1)(B), concerning the review 29 |
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114 | | - | and approval of state agency rules, is amended to add an additional 30 |
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115 | | - | subdivision to read as follows: 31 |
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116 | | - | (vi) An adjustment to the maximum campaign 32 |
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117 | | - | contribution limit under § 7 -6-203(i). 33 |
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118 | | - | 34 |
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119 | | - | SECTION 5. Arkansas Code § 25 -15-202(9)(B), concerning the definition 35 |
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120 | | - | of "rule" in the Arkansas Administrative Procedure Act, is amended to add an 36 As Engrossed: H2/20/25 S3/3/25 HB1369 |
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121 | | - | |
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122 | | - | 4 03-03-2025 13:50:58 MBM125 |
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123 | | - | |
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124 | | - | |
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125 | | - | additional subdivision to read as follows: 1 |
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126 | | - | (ix) An adjustment to the maximum campaign 2 |
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127 | | - | contribution limit under § 7 -6-203(i). 3 |
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128 | | - | 4 |
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129 | | - | SECTION 6. EMERGENCY CLAUSE. It is found and determined by the 5 |
---|
130 | | - | General Assembly of the State of Arkansas that standardizing the laws related 6 |
---|
131 | | - | to campaign finance contributes significantly to the public peace, health, 7 |
---|
132 | | - | and safety of the citizens of the State of Arkansas; that the public peace, 8 |
---|
133 | | - | health, and safety is negatively affected by unclear campaign finance laws 9 |
---|
134 | | - | which lead to unintentional violations of the law and inhibit the ability of 10 |
---|
135 | | - | citizens to exercise their right to political expression; that this act 11 |
---|
136 | | - | preserves the public peace, health, and safety by ensuring that political 12 |
---|
137 | | - | donors, political candidates, and elected officials are free from unintended 13 |
---|
138 | | - | limits of their political expression by providing a more efficient and 14 |
---|
139 | | - | transparent manner of establishing the state's maximum campaign contribution 15 |
---|
140 | | - | limit; and that this act also preserves the public peace, health, and safety 16 |
---|
141 | | - | by eliminating unnecessary rulemaking processes, thereby avoiding the use of 17 |
---|
142 | | - | public funds in that rulemaking that can be allocated to other pressing needs 18 |
---|
143 | | - | of the state. Therefore, an emergency is declared to exist, and this act 19 |
---|
144 | | - | being immediately necessary for the preservation of the public peace, health, 20 |
---|
145 | | - | and safety shall become effective on: 21 |
---|
146 | | - | (1) The date of its approval by the Governor; 22 |
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147 | | - | (2) If the bill is neither approved nor vetoed by the Governor, 23 |
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148 | | - | the expiration of the period of time during which the Governor may veto the 24 |
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149 | | - | bill; or 25 |
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150 | | - | (3) If the bill is vetoed by the Governor and the veto is 26 |
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151 | | - | overridden, the date the last house overrides the veto. 27 |
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152 | | - | 28 |
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153 | | - | /s/Ray 29 |
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| 145 | + | 29 |
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