Bill Text: IA HF2165 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to certain campaign communications, providing for fees, and providing for penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-29 - Introduced, referred to State Government. H.J. 155. [HF2165 Detail]
Download: Iowa-2019-HF2165-Introduced.html
House
File
2165
-
Introduced
HOUSE
FILE
2165
BY
ISENHART
A
BILL
FOR
An
Act
relating
to
certain
campaign
communications,
providing
1
for
fees,
and
providing
for
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2165
Section
1.
Section
68A.405,
subsection
1,
paragraph
a,
1
subparagraph
(3),
Code
2020,
is
amended
to
read
as
follows:
2
(3)
“Published
material”
means
any
newspaper,
magazine,
3
shopper,
outdoor
advertising
facility,
poster,
direct
mailing,
4
brochure,
internet
site,
campaign
sign,
or
any
other
form
of
5
printed
or
electronic
general
public
political
advertising
6
material
or
message
.
“Published
material”
includes
but
is
7
not
limited
to
television,
radio,
video,
or
motion
picture
8
advertising.
9
Sec.
2.
Section
68A.405,
subsection
1,
paragraph
b,
Code
10
2020,
is
amended
to
read
as
follows:
11
b.
(1)
Except
as
set
out
in
subsection
2
,
published
12
material
or
automated
or
live
telephone
calls
identifying
a
13
candidate
for
public
office
or
an
elected
public
official
14
or
designed
to
expressly
advocate
the
nomination,
election,
15
or
defeat
of
a
candidate
for
public
office
or
the
passage
16
or
defeat
of
a
ballot
issue
shall
include
on
the
published
17
material
or
in
the
telephone
call
an
attribution
statement
18
disclosing
who
is
responsible
for
the
published
material
or
19
telephone
call
.
20
(2)
Automated
or
live
telephone
calls
made
by
a
person
21
or
organization
for
the
purpose
of
gathering
information
to
22
inform
or
influence
a
public
election
campaign
shall
include
a
23
disclaimer
clearly
identifying
the
name
of
the
caller,
the
name
24
of
the
person
or
organization
sponsoring
the
communication,
25
and
the
name
and
telephone
number
of
an
authorized
person
26
responsible
for
the
communication.
27
(2)
(3)
The
person
who
is
responsible
for
the
published
28
material
or
automated
or
live
telephone
calls
has
the
sole
29
responsibility
and
liability
for
the
attribution
statement
30
required
by
this
section.
31
Sec.
3.
Section
68A.405,
subsection
2,
paragraph
a,
Code
32
2020,
is
amended
to
read
as
follows:
33
a.
The
editorials
or
news
articles
coverage
of
a
newspaper,
34
magazine,
television
or
radio
station,
or
other
print
or
35
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electronic
media
that
are
not
paid
political
advertisements.
1
Sec.
4.
Section
68A.405,
subsections
3
and
4,
Code
2020,
are
2
amended
to
read
as
follows:
3
3.
For
television,
video,
or
motion
picture
advertising,
4
the
attribution
statement
shall
be
displayed
on
the
screen
in
a
5
clearly
readable
manner
for
at
least
four
seconds.
For
radio,
6
the
attribution
statement
shall
be
read
at
the
conclusion
of
7
the
advertisement
at
a
volume
and
with
enunciation
to
make
8
the
statement
easily
understandable.
For
automated
or
live
9
telephone
calls
described
in
subsection
1,
paragraph
“b”
,
the
10
attribution
statement
or
disclaimer,
as
applicable,
shall
11
be
read
at
the
conclusion
of
the
call
at
a
volume
and
with
12
enunciation
to
make
the
statement
easily
understandable.
13
4.
The
board
shall
adopt
rules
relating
to
the
placing
of
14
an
attribution
statement
on
published
materials
and
for
the
15
reading
of
attribution
statements
or
disclaimers
for
radio
and
16
automated
or
live
telephone
calls
.
17
Sec.
5.
Section
68A.405,
Code
2020,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
5.
In
addition
to
the
penalty
set
out
20
in
section
68A.701,
a
person
who
violates
this
section
21
shall
be
subject
to
a
civil
penalty
not
to
exceed
the
total
22
amount
of
the
expenditures
made
to
produce
and
transmit
the
23
communication.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
regulates
audio
or
video
broadcasts,
cable
or
28
internet
transmissions,
or
automated
or
live
telephone
calls
29
which
are
used
in
political
campaigns.
The
bill
expands
30
current
attribution
statement
requirements
to
include
but
not
31
be
limited
to
radio
advertisements
and
certain
automated
or
32
live
telephone
calls,
as
described
in
the
bill.
The
bill
also
33
requires
that
a
disclaimer
be
made
for
certain
other
automated
34
or
live
telephone
calls,
as
described
in
the
bill.
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The
bill
provides
that
in
addition
to
the
criminal
penalty
1
set
out
in
current
Code
section
68A.701,
a
person
who
violates
2
Code
section
68A.405
shall
be
subject
to
a
civil
penalty
not
3
to
exceed
the
total
amount
of
the
expenditures
made
to
produce
4
and
transmit
the
communication.
5
By
operation
of
law,
a
person
who
willfully
violates
a
6
provision
of
the
bill
is
guilty
of
a
serious
misdemeanor,
which
7
is
punishable
by
confinement
for
no
more
than
one
year
and
a
8
fine
of
at
least
$315
but
not
more
than
$1,875.
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