Stricken language would be deleted from and underlined language would be added to present law. Act 270 of the Regular Session *MBM125* 03-03-2025 13:50:58 MBM125 State of Arkansas As Engrossed: H2/20/25 S3/3/25 1 95th General Assembly A Bill 2 Regular Session, 2025 HOUSE BILL 1369 3 4 By: Representative Ray 5 By: Senator J. Dotson 6 7 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 14 15 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 22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23 24 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 As Engrossed: H2/20/25 S3/3/25 HB1369 2 03-03-2025 13:50:58 MBM125 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 5 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 14 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) as of 20 January 1, 2015; 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 the later of: 31 (a) Thirty (30) days following the 32 certification; or 33 (b) The next regularly scheduled meeting of 34 the Arkansas Ethics Commission. 35 (3)(C) If the amount of the maximum campaign contribution 36 As Engrossed: H2/20/25 S3/3/25 HB1369 3 03-03-2025 13:50:58 MBM125 limit after adjustment under subdivision (i)(2)(i)(1)(B) of this section is 1 not a multiple of one hundred dollars ($100), the Arkansas Ethics Commission 2 shall round the amount to the nearest multiple of one hundred dollars ($100) ; 3 and. 4 (4)(2)(A) The Arkansas Ethics Commission shall promulgate rules 5 identifying the adjusted contribution limit under this subsection : 6 (i) Publish the maximum campaign contribution limit 7 established under subdivision (i)(1) of this section on the official website 8 of the Arkansas Ethics Commission and in any other location or format deemed 9 necessary by the Arkansas Ethics Commission; and 10 (ii) Make the maximum campaign contribution limit 11 established under subdivision (i)(1) of this section available to the 12 Secretary of State, elected public officials, candidates, committees under 13 this subchapter, and the public . 14 (B) The maximum campaign contribution limit established under 15 subdivision (i)(1) of this section shall be: 16 (i) Effective upon being published upon the official 17 website of the Arkansas Ethics Commission; and 18 (ii) Retroactive to the date of the certification to 19 the Federal Election Commission by the United States Secretary of Labor under 20 subdivision (i)(1)(B)(i) of this section. 21 (C) The maximum campaign contribution limit established under 22 subdivision (i)(1) of this section: 23 (i) Is not a rule under §§ 10 -3-309 and 25-15-202; 24 and 25 (ii) Shall not be promulgated under the Arkansas 26 Administrative Procedure Act, § 25 -15-201 et seq. 27 28 SECTION 4. Arkansas Code § 10 -3-309(b)(1)(B), concerning the review 29 and approval of state agency rules, is amended to add an additional 30 subdivision to read as follows: 31 (vi) An adjustment to the maximum campaign 32 contribution limit under § 7 -6-203(i). 33 34 SECTION 5. Arkansas Code § 25 -15-202(9)(B), concerning the definition 35 of "rule" in the Arkansas Administrative Procedure Act, is amended to add an 36 As Engrossed: H2/20/25 S3/3/25 HB1369 4 03-03-2025 13:50:58 MBM125 additional subdivision to read as follows: 1 (ix) An adjustment to the maximum campaign 2 contribution limit under § 7 -6-203(i). 3 4 SECTION 6. EMERGENCY CLAUSE. It is found and determined by the 5 General Assembly of the State of Arkansas that standardizing the laws related 6 to campaign finance contributes significantly to the public peace, health, 7 and safety of the citizens of the State of Arkansas; that the public peace, 8 health, and safety is negatively affected by unclear campaign finance laws 9 which lead to unintentional violations of the law and inhibit the ability of 10 citizens to exercise their right to political expression; that this act 11 preserves the public peace, health, and safety by ensuring that political 12 donors, political candidates, and elected officials are free from unintended 13 limits of their political expression by providing a more efficient and 14 transparent manner of establishing the state's maximum campaign contribution 15 limit; and that this act also preserves the public peace, health, and safety 16 by eliminating unnecessary rulemaking processes, thereby avoiding the use of 17 public funds in that rulemaking that can be allocated to other pressing needs 18 of the state. Therefore, an emergency is declared to exist, and this act 19 being immediately necessary for the preservation of the public peace, health, 20 and safety shall become effective on: 21 (1) The date of its approval by the Governor; 22 (2) If the bill is neither approved nor vetoed by the Governor, 23 the expiration of the period of time during which the Governor may veto the 24 bill; or 25 (3) If the bill is vetoed by the Governor and the veto is 26 overridden, the date the last house overrides the veto. 27 28 /s/Ray 29 30 31 APPROVED: 3/12/25 32 33 34 35 36