House Amendment 2
H 3189 - Session 121 (2015-2016)
Filing of expenditures and reports for non-committees
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Rep. TOOLE proposes the following Amendment No. to H. 3189 (COUNCIL\GGS\3189C003.GGS.ZW15):

Reference is to Printer's Date 2/5/15-H.

Amend the bill, as and if amended, Section 8-13-1313(6), by striking lines 20 through 28 and inserting:

/      (6)(a)      the identification of each person or entity making a donation of more than one hundred dollars to the entity filing the report if the donation was made to further the reported independent expenditure or electioneering communication.
           (b)      If the donor is an individual, the statement shall include the name, primary occupation, address, and amount of the donation.
           (c)      If the donor is a business or another organization that is not an individual, then the identification shall indicate the name and title of the chief executive officer or the controlling individual of the donor organization, and include the address and amount of the donation."      /

Amend the bill further, Section 8-13-1313, as contained in SECTION 1, page 2, by adding Item (7) at the end to read:

/      (7)      For the purposes of item (6) of this section, a donation to the person or entity making the independent expenditure or electioneering communication is deemed to have been donated to further the independent expenditure or electioneering communication if any of items (1) through (4) of this section apply. For purposes of this section, the "filer" is the person or entity making the independent expenditure or electioneering communication and responsible for filing the report, or an agent of that person or entity. For purposes of this section, the "donor" is the person or entity donating to the filer the funds or other thing of value, or an agent of that person or entity.
           (a)      The donor designates, requests, or suggests that the donation be used for an independent expenditure or electioneering communication or for multiple independent expenditures or electioneering communication, and the filer agrees to use the donation for an independent expenditure or electioneering communication.
           (b)      The filer expressly solicited the donor for a donation for making or paying for an independent expenditure or electioneering communication.
           (c)      The donor and the filer engaged in substantial written or oral discussion regarding the donor's making, donating, or paying for an independent expenditure or electioneering communication.
           (d)      The donor or the filer knew or had reason to know of the filer's intent to make independent expenditures or electioneering communications with the donation.
     A donation must not be deemed to be made to further an independent expenditure or electioneering communication if the donation was a commercial transaction occurring in the ordinary course of business between the donor and the filer unless there is affirmative evidence that the amounts were donated to further an independent expenditure or electioneering communication. In determining the amount of a donation that was made to further a particular independent expenditure or electioneering communication, there must be excluded any amount that was designated by the donor with respect to a different election than the election that is the subject of the independent expenditure or electioneering communication covered by the report.      /

Amend the bill further, section 8-13-1300(35)(A)(1), as contained in section 2, page 2, by striking lines 36 through 37 and inserting:

/      (1)      Refers to a clearly identified candidate for elected office or ballot measure; and /

Renumber sections to conform.
Amend title to conform.