Arkansas 2025 Regular Session

Arkansas House Bill HB1369 Latest Draft

Bill / Chaptered Version Filed 03/12/2025

                            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