H.B. No. 128, H.D. 1, S.D. 1, C.D. 2, RELATING TO ELECTIONS






May 7, 2009



     SECTION 1.  H.B. No. 128, H.D. 1, S.D. 1, C.D. 2, RELATING TO ELECTIONS, is amended as follows:


     1.  By amending subsections (a) and (b) of section 11-FF in section 2 to read as follows:


     "(a)  It shall be unlawful for the person who enters into any contract with the State, any of its counties, or any department or agency thereof either for the rendition of personal services, the buying of property, or furnishing any material, supplies, or equipment to the State, any of its counties, department or agency thereof, or for selling any land or building to the State, any of its counties, or any department or agency thereof, if payment for the performance of the contract or payment for material, supplies, equipment, land, property, or building is to be made in whole or in part from funds appropriated by the legislative body, at any time between the execution of the contract through the completion of the contract, to:

     (1)  Directly or indirectly make any contribution or to promise expressly or impliedly to make any contribution to any political party, committee, or candidate or to any person for any political purpose or use; or

     (2)  Knowingly solicit any contribution from any person for any purpose during any period.

     (b)  This section does not prohibit or make unlawful the establishment or administration of, or the solicitation of contributions to, any separate segregated fund by any state or national bank, corporation, or labor organization for the purpose of influencing the nomination for election or the election of any person to office; provided that the commission shall by rule establish contribution limits for limited liability companies as defined in section 428-101, limited liability partnerships as defined in section 425-101, and limited liability limited partnerships as defined in section 425E-102.  Sole proprietors subject to this section shall comply with applicable campaign contribution limits in section 11-HH(a)."

     2.  By amending section 11-II in section 2 to read as follows:


     "§11-II  Contributions to noncandidate committees; limits.  (a)    No person shall make contributions to a noncandidate committee in an aggregate amount greater than $1,000 in an election.  This section shall not apply to ballot issue committees.

(b)  Notwithstanding section 11-II(a), a company contributing to the company's established noncandidate committee shall be limited to an aggregate amount of not more than $1,000 in any two-year election period.

(c)  A company that makes contributions and expenditures greater than $1,000 in the aggregate in a two-year election period shall register a noncandidate committee with the commission pursuant to section 11-I, and make contributions and expenditures through its noncandidate committee.

     (d)  For purposes of this section, "company" means a corporation, partnership, limited liability company, limited liability partnership, financial institution, or any other entity engaged in business."