Arkansas 2025 Regular Session

Arkansas House Bill HB1369 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
2-Act 270 of the Regular Session
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5-State of Arkansas As Engrossed: H2/20/25 S3/3/25 1
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3+State of Arkansas 1
64 95th General Assembly A Bill 2
75 Regular Session, 2025 HOUSE BILL 1369 3
86 4
97 By: Representative Ray 5
10-By: Senator J. Dotson 6
8+ 6
119 7
1210 For An Act To Be Entitled 8
1311 AN ACT CONCERNING THE ESTABLISHMENT OF THE MAXIMUM 9
1412 CAMPAIGN CONTRIBUTION LIMIT BY THE ARKANSAS ETHICS 10
1513 COMMISSION; AMENDING PORTIONS OF LAW RESULTING FROM 11
1614 INITIATED ACT 1 OF 1990 AND INITIATED ACT 1 OF 1996; 12
1715 DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. 13
1816 14
1917 15
2018 Subtitle 16
2119 CONCERNING THE ESTABLISHMENT OF THE 17
2220 MAXIMUM CAMPAIGN CONTRIBUTION LIMIT BY 18
2321 THE ARKANSAS ETHICS COMMISSION; AMENDING 19
2422 PORTIONS OF LAW RESULTING FROM INITIATED 20
2523 ACTS; AND DECLARING AN EMERGENCY. 21
2624 22
2725 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
2826 24
2927 SECTION 1. Arkansas Code § 7 -6-203(a)(1)(A), concerning campaign 25
3028 contribution limitations and resulting from Initiated Act 1 of 1990 and 26
3129 Initiated Act 1 of 1996, is amended to read as follows: 27
3230 (a)(1)(A) It shall be unlawful for any candidate for any public office 28
3331 or for any person acting on the candidate's behalf to accept campaign 29
3432 contributions in excess of the maximum campaign contribution level limit 30
3533 established by rule of the Arkansas Ethics Commission under subsection (i) of 31
3634 this section per election from: 32
3735 (i) An individual; 33
3836 (ii) A political party that meets the definition of a 34
3937 political party under § 7 -1-101; 35
40- (iii) A political party that meets the requirements 36 As Engrossed: H2/20/25 S3/3/25 HB1369
38+ (iii) A political party that meets the requirements 36 HB1369
4139
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43-
44-
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4541 of § 7-7-205; 1
4642 (iv) A county political party committee; 2
4743 (v) A legislative caucus committee; or 3
4844 (vi) An approved political action committee. 4
4945 5
5046 SECTION 2. Arkansas Code § 7 -6-203(b)(1)(A), concerning campaign 6
5147 contribution limitations and resulting from Initiated Act 1 of 1990 and 7
5248 Initiated Act 1 of 1996, is amended to read as follows: 8
5349 (b)(1)(A) It shall be unlawful for any person to make a contribution 9
5450 to a candidate for any public office or to any person acting on the 10
5551 candidate's behalf, which in the aggregate amount exceeds the maximum 11
5652 campaign contribution limit established by rule of the Arkansas Ethics 12
5753 Commission per election. 13
5854 14
5955 SECTION 3. Arkansas Code § 7 -6-203(i), concerning the establishment of 15
6056 the maximum campaign contribution limit, is amended to read as follows: 16
6157 (i)(1) The Arkansas Ethics Commission shall establish the maximum 17
6258 campaign contribution limit by rule as follows: 18
6359 (1)(A) The adjusted maximum campaign contribution limit 19
64-shall be calculated from a base amount of two thousand dollars ($2,000) as of 20
65-January 1, 2015; 21
60+shall be calculated from a base amount of two thousand dollars ($2,000) three 20
61+thousand three hundred dollars ($3,300) as of January 1, 2015 2025; 21
6662 (2)(B)(i) The contribution limits maximum campaign 22
6763 contribution limit shall be adjusted at the beginning of each odd-numbered 23
6864 year in an amount equal to the percentage certified to the Federal Election 24
6965 Commission by the United States Bureau of Labor Statistics United States 25
7066 Secretary of Labor under 52 U.S.C. § 30116(c) as existing on January 1, 2015: 26
7167 2025. 27
7268 (ii) The adjustment under subdivision (i)(1)(B)(i) 28
7369 of this section shall occur as soon as practicable following the 29
7470 certification to the Federal Election Commission by the United States 30
75-Secretary of Labor, but no later than the later of: 31
76- (a) Thirty (30) days following the 32
77-certification; or 33
78- (b) The next regularly scheduled meeting of 34
79-the Arkansas Ethics Commission. 35
80- (3)(C) If the amount of the maximum campaign contribution 36 As Engrossed: H2/20/25 S3/3/25 HB1369
71+Secretary of Labor, but no later than thirty (30) days following the 31
72+certification; and 32
73+ (3)(C) If the amount of the maximum campaign contribution 33
74+limit after adjustment under subdivision (i)(2)(i)(1)(B) of this section is 34
75+not a multiple of one hundred dollars ($100), the Arkansas Ethics Commission 35
76+shall round the amount to the nearest multiple of one hundred dollars ($100) ; 36 HB1369
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79+and. 1
80+ (4)(2)(A) The Arkansas Ethics Commission shall promulgate rules 2
81+identifying the adjusted contribution limit under this subsection : 3
82+ (i) Publish the maximum campaign contribution limit 4
83+established under subdivision (i)(1) of this section on the official website 5
84+of the Arkansas Ethics Commission and in any other location or format deemed 6
85+necessary by the Arkansas Ethics Commission; and 7
86+ (ii) Make the maximum campaign contribution limit 8
87+established under subdivision (i)(1) of this section available to the 9
88+Secretary of State, elected public officials, candidates, committees under 10
89+this subchapter, and the public . 11
90+ (B) The maximum campaign contribution limit established 12
91+under subdivision (i)(1) of this section shall be effective upon being 13
92+published on the official website of the Arkansas Ethics Commission. 14
93+ (C) The maximum campaign contribution limit established 15
94+under subdivision (i)(1) of this section: 16
95+ (i) Is not a rule under §§ 10 -3-309 and 25-15-202; 17
96+and 18
97+ (ii) Shall not be promulgated under the Arkansas 19
98+Administrative Procedure Act, § 25 -15-201 et seq. 20
99+ 21
100+ SECTION 4. Arkansas Code § 10 -3-309(b)(1)(B), concerning the review 22
101+and approval of state agency rules, is amended to add an additional 23
102+subdivision to read as follows: 24
103+ (vi) An adjustment to the maximum campaign 25
104+contribution limit under § 7 -6-203(i). 26
105+ 27
106+ SECTION 5. Arkansas Code § 25 -15-202(9)(B), concerning the definition 28
107+of "rule" in the Arkansas Administrative Procedure Act, is amended to add an 29
108+additional subdivision to read as follows: 30
109+ (ix) An adjustment to the maximum campaign 31
110+contribution limit under § 7 -6-203(i). 32
111+ 33
112+ SECTION 6. EMERGENCY CLAUSE. It is found and determined by the 34
113+General Assembly of the State of Arkansas that standardizing the laws related 35
114+to campaign finance contributes significantly to the public peace, health, 36 HB1369
83115
84-
85-limit after adjustment under subdivision (i)(2)(i)(1)(B) of this section is 1
86-not a multiple of one hundred dollars ($100), the Arkansas Ethics Commission 2
87-shall round the amount to the nearest multiple of one hundred dollars ($100) ; 3
88-and. 4
89- (4)(2)(A) The Arkansas Ethics Commission shall promulgate rules 5
90-identifying the adjusted contribution limit under this subsection : 6
91- (i) Publish the maximum campaign contribution limit 7
92-established under subdivision (i)(1) of this section on the official website 8
93-of the Arkansas Ethics Commission and in any other location or format deemed 9
94-necessary by the Arkansas Ethics Commission; and 10
95- (ii) Make the maximum campaign contribution limit 11
96-established under subdivision (i)(1) of this section available to the 12
97-Secretary of State, elected public officials, candidates, committees under 13
98-this subchapter, and the public . 14
99- (B) The maximum campaign contribution limit established under 15
100-subdivision (i)(1) of this section shall be: 16
101- (i) Effective upon being published upon the official 17
102-website of the Arkansas Ethics Commission; and 18
103- (ii) Retroactive to the date of the certification to 19
104-the Federal Election Commission by the United States Secretary of Labor under 20
105-subdivision (i)(1)(B)(i) of this section. 21
106- (C) The maximum campaign contribution limit established under 22
107-subdivision (i)(1) of this section: 23
108- (i) Is not a rule under §§ 10 -3-309 and 25-15-202; 24
109-and 25
110- (ii) Shall not be promulgated under the Arkansas 26
111-Administrative Procedure Act, § 25 -15-201 et seq. 27
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117+and safety of the citizens of the State of Arkansas; that the public peace, 1
118+health, and safety is negatively affected by unclear campaign finance laws 2
119+which lead to unintentional violations of the law and inhibit the ability of 3
120+citizens to exercise their right to political expression; that this act 4
121+preserves the public peace, health, and safety by ensuring that political 5
122+donors, political candidates, and elected officials are free from unintended 6
123+limits of their political expression by providing a more efficient and 7
124+transparent manner of establishing the state's maximum campaign contribution 8
125+limit; and that this act also preserves the public peace, health, and safety 9
126+by eliminating unnecessary rulemaking processes, thereby avoiding the use of 10
127+public funds in that rulemaking that can be allocated to other pressing needs 11
128+of the state. Therefore, an emergency is declared to exist, and this act 12
129+being immediately necessary for the preservation of the public peace, health, 13
130+and safety shall become effective on: 14
131+ (1) The date of its approval by the Governor; 15
132+ (2) If the bill is neither approved nor vetoed by the Governor, 16
133+the expiration of the period of time during which the Governor may veto the 17
134+bill; or 18
135+ (3) If the bill is vetoed by the Governor and the veto is 19
136+overridden, the date the last house overrides the veto. 20
137+ 21
138+ 22
139+ 23
140+ 24
141+ 25
142+ 26
143+ 27
112144 28
113- SECTION 4. Arkansas Code § 10 -3-309(b)(1)(B), concerning the review 29
114-and approval of state agency rules, is amended to add an additional 30
115-subdivision to read as follows: 31
116- (vi) An adjustment to the maximum campaign 32
117-contribution limit under § 7 -6-203(i). 33
118- 34
119- SECTION 5. Arkansas Code § 25 -15-202(9)(B), concerning the definition 35
120-of "rule" in the Arkansas Administrative Procedure Act, is amended to add an 36 As Engrossed: H2/20/25 S3/3/25 HB1369
121-
122- 4 03-03-2025 13:50:58 MBM125
123-
124-
125-additional subdivision to read as follows: 1
126- (ix) An adjustment to the maximum campaign 2
127-contribution limit under § 7 -6-203(i). 3
128- 4
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
147- (2) If the bill is neither approved nor vetoed by the Governor, 23
148-the expiration of the period of time during which the Governor may veto the 24
149-bill; or 25
150- (3) If the bill is vetoed by the Governor and the veto is 26
151-overridden, the date the last house overrides the veto. 27
152- 28
153-/s/Ray 29
145+ 29
154146 30
155147 31
156-APPROVED: 3/12/25 32
148+ 32
157149 33
158150 34
159151 35
160152 36