FORTY-THIRD LEGISLATURE FIRST SESSION, 1997 SB 112/a February 6, 1997 Mr. President: Your RULES COMMITTEE, to whom has been referred SENATE BILL 112 has had it under consideration and reports same with recommendation that it DO PASS, amended as follows: 1. On page 3, between lines 12 and 13, insert the following new subsection to read: "F. "personal funds" means any funds over which the candidate has control, including funds in a joint bank account and any money loaned to the candidate or his campaign committee by a financial institution or individual;". 2. Reletter the succeeding subsections accordingly. 3. On page 3, line 25, strike "and". 4. On page 4, line 4, strike the period and insert in lieu thereof "; and". 5. On page 4, between lines 4 and 5, insert the following new subsection: "I. "proper filing office" means the county clerk for a candidate seeking election to a state legislative office wholly within one county and the secretary of state for all other candidates covered by the Campaign Finance Reform Act.". 6. On page 5, line 13, after "declaration" strike the remainder of the line, strike line 14 through "section" and insert in lieu thereof: "stating whether the candidate agrees to be bound by the voluntary limit on his personal funds, as set forth in Subsection B of this section.". 7. On page 5, line 17, strike "of voluntary compliance" and insert in lieu thereof "concerning the voluntary limit on the candidate's personal funds". 8. On page 5, line 19, after "declaration" strike the remainder of the line, strike line 20 through "compliance" and insert in lieu thereof "concerning the voluntary limit on the candidate's personal funds". 9. On page 5, line 22, strike "a declaration of voluntary compliance" and insert in lieu thereof "the declaration concerning the voluntary limits on the candidate's personal funds". 10. On page 5, line 23, after the period strike the remainder of the line, strike lines 24 and 25 and on page 6, strike line 1 and insert in lieu thereof: "Once filed, the declaration concerning the voluntary limits on the candidate's personal funds". 11. On page 6, strike lines 17 and 18 and insert in lieu thereof: "declaration concerning the voluntary limits on the candidate's personal funds shall be presumed to have stated an intent not to abide by the voluntary limits, as set forth in Subsection B of this section.". 12. On page 7, between lines 8 and 9, insert the following new subsection: "G. Any unexpended campaign contributions retained by a candidate's campaign committee for use in a subsequent election cycle may be expended by the candidate without limit. Expenditure of these unexpended campaign contributions by the candidate's campaign committee is not prohibited by the Campaign Finance Reform Act or subject to the limits and restrictions placed on campaign contributions by this section.". 13. On page 7, strike lines 9 through 12 and insert in lieu thereof: "Section 5. DUTIES OF THE SECRETARY OF STATE--ENFORCEMENT-- RULES AND REGULATIONS.-- A. The secretary of state shall: (1) administer the provisions of the Campaign Finance Reform Act; (2) prepare forms for candidates to declare their voluntary compliance with the contribution limits established by the Campaign Finance Reform Act; (3) make any declarations filed with the secretary of state's office available for public inspection and may charge a reasonable fee for providing copies of the declarations; (4) impose penalties against a campaign committee, candidate, person or political committee that violates a provision of the Campaign Finance Reform Act; and (5) adopt and promulgate rules and regulations to implement the provisions of the Campaign Finance Reform Act in accordance with the State Rules Act. B. Any person who believes that a violation of the Campaign Finance Reform Act has occurred may file a written complaint with the secretary of state no later than ninety days after the alleged violation. The secretary of state may also initiate investigations if the secretary determines that a violation has occurred."., and thence referred to the JUDICIARY COMMITTEE. Respectfully submitted, __________________________________ Gloria Howes, Chairman Adopted_______________________ Not Adopted_______________________ (Chief Clerk) (Chief Clerk) Date ________________________ The roll call vote was 8 For 0 Against Yes: 8 No: 0 Excused: None Absent: None S0112RU1 .115759.1