HP0285, LD 394, item 2, Document Text

Amend the bill by striking out all of section 2 and inserting the following:

‘Sec. 2. 1 MRSA §1008, sub-§5, as enacted by IB 1995, c. 1, §6, is amended to read:

5. Maine Taxpayer-funded Campaign Act and Maine Taxpayer-funded Campaign Fund. To administer and ensure the effective implementation of the Maine Clean Election Taxpayer-funded Campaign Act and the Maine Clean Election Taxpayer-funded Campaign Fund according to Title 21-A, chapter 14; and’

Amend the bill in section 3 in subsection 3 in the 3rd line (page 1, line 17 in L.D.) by striking out the following: " Campaign Public Financing" and inserting the following: ' Taxpayer-funded Campaign'

Amend the bill by striking out all of section 4 and inserting the following:

‘Sec. 4. 21-A MRSA §1004-B, as enacted by PL 2009, c. 302, §3, is amended to read:

§ 1004-B. Enforcement of penalties assessed by the commission

The commission staff shall collect the full amount of any penalty and the return of Maine Clean Election Taxpayer-funded Campaign Act funds under chapter 14 required by the commission to be returned for a violation of the statutes or rules administered by the commission and has all necessary powers to carry out these duties. Failure to pay the full amount of any penalty assessed by the commission or return of Maine Clean Election Taxpayer-funded Campaign Act funds is a civil violation by the candidate, treasurer, party committee, political action committee or other person. Thirty days after issuing the notice of penalty or order for the return of funds, the commission shall report to the Attorney General the name of any person who has failed to pay the full amount of any penalty or to return Maine Clean Election Taxpayer-funded Campaign Act funds unless the commission has provided an extended deadline for payment. The Attorney General shall enforce the violation in a civil action to collect the full outstanding amount of the penalty or order for the return of Maine Clean Election Taxpayer-funded Campaign Act funds. This action must be brought in the Superior Court for Kennebec County or the District Court, 7th District, Division of Southern Kennebec.’

Amend the bill by striking out all of sections 6 and 7 and inserting the following:

‘Sec. 6. 21-A MRSA §1121, as enacted by IB 1995, c. 1, §17, is amended to read:

§ 1121. Short title

This chapter may be known and cited as the "Maine Clean Election Taxpayer-funded Campaign Act."

Sec. 7. 21-A MRSA §1122, sub-§§1, 4, 5 and 6, as enacted by IB 1995, c. 1, §17, are amended to read:

1. Certified candidate. "Certified candidate" means a candidate running for Governor, State Senator or State Representative who chooses to participate in the Maine Clean Election Taxpayer-funded Campaign Act and who is certified as a Maine Clean Election Taxpayer-funded Campaign Act candidate under section 1125, subsection 5.

4. Fund. "Fund" means the Maine Clean Election Taxpayer-funded Campaign Fund established in section 1124.

5. Nonparticipating candidate. "Nonparticipating candidate" means a candidate running for Governor, State Senator or State Representative who does not choose to participate in the Maine Clean Election Taxpayer-funded Campaign Act and who is not seeking to be certified as a Maine Clean Election Taxpayer-funded Campaign Act candidate under section 1125, subsection 5.

6. Participating candidate. "Participating candidate" means a candidate who is running for Governor, State Senator or State Representative who is seeking to be certified as a Maine Clean Election Taxpayer-funded Campaign Act candidate under section 1125, subsection 5.’

Amend the bill in section 8 in §1123 in the first paragraph in the next to the last line (page 3, line 13 in L.D.) by striking out the following: " Campaign Public Financing" and inserting the following: ' Taxpayer-funded Campaign'

Amend the bill in section 9 in §1124 by striking out all of subsection 1 (page 3, lines 18 to 23 in L.D.) and inserting the following:

‘1. Established. The Maine Clean Election Taxpayer-funded Campaign Fund is established to finance the election campaigns of certified Maine Clean Election Taxpayer-funded Campaign Act candidates running for Governor, State Senator and State Representative and to pay administrative and enforcement costs of the commission related to this Act. The fund is a special, dedicated, nonlapsing fund and any interest generated by the fund is credited to the fund. The commission shall administer the fund.’

Amend the bill in section 9 in §1124 in subsection 2 by striking out all of paragraphs D, E and F (page 4, lines 1 to 8 in L.D.) and inserting the following:

‘D. Seed money contributions remaining unspent after a candidate has been certified as a Maine Clean Election Taxpayer-funded Campaign Act candidate;

E. Fund revenues that were distributed to a Maine Clean Election Taxpayer-funded Campaign Act candidate and that remain unspent after the candidate has lost a primary election or after all general elections;

F. Other unspent fund revenues distributed to any Maine Clean Election Taxpayer-funded Campaign Act candidate who does not remain a candidate throughout a primary or general election cycle;’

Amend the bill in section 9 by striking out all of subsection 4 (page 4, lines 11 to 26 in L.D.) and inserting the following:

‘4. Report on fund amount; operating margin. By January 1st of each year the commission shall provide to the Legislature and the Governor a report of its projection of the revenues and expenditures of the Maine Clean Election Taxpayer-funded Campaign Fund for the subsequent 4-year period. The commission shall include in the report an operating margin of 20% to ensure sufficient funds in the event of higher-than-expected participation in the Maine Clean Election Taxpayer-funded Campaign Act. If any such report shows that the projected revenue for the subsequent 4-year period exceeds the projected expenses for that 4-year period plus the 20% operating margin, the commission shall notify the Legislature and the Governor and request that the amount of expected funding that exceeds the expected demand on the fund plus the operating margin be transferred to the General Fund. The Department of Administrative and Financial Services, Bureau of Revenue Services shall assist the commission with revenue projections required by this subsection. If at any time the commission determines that projected revenue is not sufficient to cover the projected demand for funds in the 4-year period plus the operating margin, the commission may submit legislation to request additional funding.’

Amend the bill in section 10 in subsection 1 in the 2nd line (page 4, line 30 in L.D.) by striking out the following: " Campaign Public Financing" and inserting the following: ' Taxpayer-funded Campaign'

Amend the bill in section 11 in subsection 2-A in the 4th and 5th lines (page 5, lines 1 and 2 in L.D.) by striking out the following: " Campaign Public Financing" and inserting the following: ' Taxpayer-funded Campaign'

Amend the bill in section 11 in subsection 2-A in paragraph B in the 6th and 7th lines (page 5, lines 13 and 14 in L.D.) by striking out the following: " Campaign Public Financing" and inserting the following: ' Taxpayer-funded Campaign'

Amend the bill in section 12 in subsection 3-A in the last line (page 5, line 31 in L.D.) by striking out the following: " Campaign Public Financing" and inserting the following: ' Taxpayer-funded Campaign'

Amend the bill in section 13 in subsection 5 in the first line (page 5, line 34 in L.D.) by striking out the following: "Campaign Public Financing" and inserting the following: 'Taxpayer-funded Campaign'

Amend the bill in section 13 in subsection 5 in the blocked paragraph in the 2nd line (page 6, line 16 in L.D.) by striking out the following: " Campaign Public Financing" and inserting the following: ' Taxpayer-funded Campaign'

Amend the bill in section 14 in subsection 14 by striking out all of the first 5 lines (page 6, lines 30 to 34 in L.D.) and inserting the following:

‘14. Appeals. A candidate who has been denied certification as a Maine Clean Election Taxpayer-funded Campaign Act candidate by the commission's executive director, the opponent of a candidate who has been granted certification as a Maine Clean Election Taxpayer-funded Campaign Act candidate or other interested persons may challenge a certification decision by the executive director as follows.’

Amend the bill in section 14 in subsection 14 in paragraph D in the first 2 lines (page 7, lines 16 and 17 in L.D.) by striking out the following: " Campaign Public Financing" and inserting the following: ' Taxpayer-funded Campaign'

Amend the bill by striking out all of section 15 and inserting the following:

‘Sec. 15. 21-A MRSA §1126, as amended by PL 2001, c. 465, §7, is further amended to read:

§ 1126. Commission to adopt rules

The commission shall adopt rules to ensure effective administration of this chapter. These rules must include but must not be limited to procedures for obtaining qualifying contributions, certification as a Maine Clean Election Taxpayer-funded Campaign Act candidate, circumstances involving special elections, vacancies, recounts, withdrawals or replacements, collection of revenues for the fund, distribution of fund revenue to certified candidates, return of unspent fund disbursements, disposition of equipment purchased with clean election Maine Taxpayer-funded Campaign Act funds and compliance with the Maine Clean Election Act this chapter. Rules of the commission required by this section are major substantive rules as defined in Title 5, chapter 375, subchapter II-A 2-A.’

Amend the bill in section 16 in subsection 2 in the 4th line (page 7, line 39 in L.D.) by striking out the following: " Campaign Public Financing" and inserting the following: ' Taxpayer-funded Campaign'

Amend the bill in section 17 in §1128 in the first paragraph in the last line (page 8, line 6 in L.D.) by striking out the following: " Campaign Public Financing" and inserting the following: ' Taxpayer-funded Campaign'

Amend the bill by striking out all of section 18 and inserting the following:

‘Sec. 18. 36 MRSA §5286, as enacted by IB 1995, c. 1, §18, is amended to read:

§ 5286. Contribution to Maine Taxpayer-funded Campaign Fund; voluntary checkoff

1. Designation. Resident taxpayers may designate that $3 of their taxes be deposited in the Maine Clean Election Taxpayer-funded Campaign Fund in accordance with Title 21-A, section 1124.

2. Forms. The State Tax Assessor shall provide on the first page of the income tax form a space for the filing individual to indicate whether that filer wishes to pay $3, or $6 if filing a joint return, from the General Fund of the State to finance the Maine Clean Election Taxpayer-funded Campaign Fund.

3. Transfer of funds. The State Tax Assessor shall transfer funds from the General Fund in accordance with Title 21-A, section 1124.’

Amend the bill in section 19 in the 3rd line (page 8, line 21 in L.D.) by striking out the following: "campaign public financing" and inserting the following: 'taxpayer-funded campaign'

summary

The bill changes references to the Maine Clean Election Act and the Maine Clean Election Fund to the Maine Campaign Public Financing Act and the Maine Campaign Public Financing Fund. This amendment, which is the minority report of the committee, changes references to the Maine Clean Election Act and the Maine Clean Election Fund to the Maine Taxpayer-funded Campaign Act and the Maine Taxpayer-funded Campaign Fund.

HP0285 LD 394	Session - 128th Maine Legislature C "A", Filing Number H-79, Sponsored by		LR 928 Item 2
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