2015 -- H 5840 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO ELECTIONS -- RHODE ISLAND CAMPAIGN CONTRIBUTIONS AND

EXPENDITURES REPORTING

     Introduced By: Representatives Craven, Marshall, Morin, Keable, and Tobon

     Date Introduced: March 11, 2015

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 17-25 of the General Laws entitled "Rhode Island Campaign

Contributions and Expenditures Reporting" is hereby amended by adding thereto the following

section:

     17-25-5.2. Segregation of campaign funds. – (a) All campaign funds received and

expended by a candidate, office holder, treasurer, or deputy treasurer, subject to the provisions of

this chapter, shall be segregated from all other accounts. The candidate or office holder must

maintain a separate campaign account, which shall not contain any non-campaign funds, at a

financial institution which has a physical branch within this state. The comingling of a candidate's

personal or business funds with campaign funds is expressly prohibited. As used herein, the term

"financial institution" includes a bank or a credit union.

     (b) Applicability to political action committees. - The provisions of this section shall

apply to political action committees, as well as to individual candidates and office holders.

     SECTION 2. Section 17-25-10 of the General Laws in Chapter 17-25 entitled "Rhode

Island Campaign Contributions and Expenditures Reporting" is hereby amended to read as

follows:

     17-25-10. Lawful methods of contributing to support of candidates -- Reporting --

Disposition of anonymous contributions. -- (a) No contribution shall be made or received, and

no expenditures shall be directly made or incurred, to support or defeat a candidate except

through:

      (1) The candidate, duly appointed campaign treasurer, or deputy campaign treasurers, of

the candidates;

      (2) The duly appointed campaign treasurer or deputy campaign treasurers of a political

party committee;

      (3) The duly appointed campaign treasurer or deputy campaign treasurer of a political

action committee.

      (b) It shall be lawful for any person, not otherwise prohibited by law and not acting in

concert with any other person or group, to expend personally from that person's own funds a sum

which is not to be repaid to him or her for any purpose not prohibited by law to support or defeat

a candidate; provided, that any person making the expenditure shall be required to report all of his

or her expenditures and expenses, if the total of the money so expended exceeds one hundred

dollars ($100) within a calendar year, to the board of elections within seven (7) days of making

the expenditure and to the campaign treasurer of the candidate or political party committee on

whose behalf the expenditure or contribution was made, or to his or her deputy, within seven (7)

days of making the expenditure, who shall cause the expenditures and expenses to be included in

his or her reports to the board of elections. Whether a person is "acting in concert with any other

person or group" for the purposes of this subsection shall be determined by application of the

standards set forth in § 17-25-23.

      (c) Any anonymous contribution received by a candidate, campaign treasurer or deputy

campaign treasurer shall not be used or expended, but shall be returned to the donor, if the donor's

identity can be ascertained; if not, the contribution shall escheat to the state.

     SECTION 3. This act shall take effect on January 1, 2016.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS -- RHODE ISLAND CAMPAIGN CONTRIBUTIONS AND

EXPENDITURES REPORTING

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     This act would require candidates for public office and office holders to maintain

separate campaign accounts exclusively for campaign funds. This act would also apply to

political action committees.

     This act would take effect on January 1, 2016.

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