Bill Text: IA HF2469 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the expenditure of public funds and funds held in trust by statewide elected officials, members of the general assembly, or local officials on certain forms of advertisement and imposing penalties. (Formerly HSB 589.)
Sponsorship: Committee Bill
Status: (Introduced - Dead) 2018-03-15 - Placed on calendar under unfinished business. H.J. 593. [HF2469 Detail]
Download: Iowa-2017-HF2469-Introduced.html
House File 2469 - Introduced HOUSE FILE BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 589) A BILL FOR 1 An Act relating to the expenditure of public funds and funds 2 held in trust by statewide elected officials, members of the 3 general assembly, or local officials on certain forms of 4 advertisement and imposing penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5210HV (2) 87 ss/rj PAG LIN 1 1 Section 1. NEW SECTION. 68A.405A Advertising expenditures 1 2 prior to elections prohibited. 1 3 1. For the purposes of this section: 1 4 a. "Designated communication" means a public advertisement 1 5 or promotion delivered through a paid direct mailing, a paid 1 6 radio communication, a paid newspaper advertisement, or a 1 7 paid television communication funded in whole or in part with 1 8 public moneys or moneys held in a private trust fund as defined 1 9 by section 8.2, or a trust fund controlled by a political 1 10 subdivision of the state, if such paid direct mailing, paid 1 11 radio communication, paid newspaper advertisement, or paid 1 12 television communication bears the written name, likeness, or 1 13 voice of a statewide elected official, a member of the general 1 14 assembly, or a local official. "Designated communication" does 1 15 not mean any of the following: 1 16 (1) A report, record, letter, memorandum, document, 1 17 envelope, cover sheet, certificate, constituent correspondence, 1 18 routine ministerial material, or ceremonial material bearing 1 19 the name, official logo, or official letterhead of the office 1 20 of a statewide elected official, a member of the general 1 21 assembly, or local official, provided that such report, 1 22 record, letter, memorandum, document, envelope, cover sheet, 1 23 certificate, routine ministerial material, or ceremonial 1 24 material is used or generated in the course of the statewide 1 25 elected official's, member of the general assembly's, or local 1 26 official's duties. 1 27 (2) A depiction of the great seal of the state of Iowa 1 28 through any medium when such depiction has been approved by the 1 29 office of the governor. 1 30 (3) Official press releases or press advisories issued by 1 31 the office of a statewide elected official, a member of the 1 32 general assembly, or a local official in any form. 1 33 (4) A publication, literature, or other medium of 1 34 communication designed to further the purposes of section 1 35 29C.3. 2 1 b. "Designated exhibit expenditure" means a billboard, 2 2 placard, banner, table skirt, sign, display, or other physical 2 3 structure in excess of one hundred fifty square inches funded 2 4 in whole or in part with public moneys or moneys held in a 2 5 private trust fund as defined in section 8.2, or a trust fund 2 6 controlled by a political subdivision of the state, and placed 2 7 or displayed within or upon a defined physical booth space 2 8 located at the Iowa state fair or a fairground or grounds as 2 9 defined in section 174.1 bearing the written name, likeness, or 2 10 voice of a statewide elected official, a member of the general 2 11 assembly, or a local official. "Designated exhibit expenditure" 2 12 does not mean any of the following: 2 13 (1) A report, record, letter, memorandum, document, 2 14 envelope, cover sheet, certificate, constituent correspondence, 2 15 routine ministerial material, or ceremonial material bearing 2 16 the name, official logo, or official letterhead of the office 2 17 of a statewide elected official, a member of the general 2 18 assembly, or local official, provided that such report, 2 19 record, letter, memorandum, document, envelope, cover sheet, 2 20 certificate, routine ministerial material, or ceremonial 2 21 material is used or generated in the course of the statewide 2 22 elected official's, member of the general assembly's, or local 2 23 official's duties. 2 24 (2) A depiction of the great seal of the state of Iowa 2 25 through any medium when such depiction has been approved by the 2 26 office of the governor. 2 27 (3) Official press releases or press advisories issued by 2 28 the office of a statewide elected official, a member of the 2 29 general assembly, or a local official in any form. 2 30 (4) A publication, literature, or other medium of 2 31 communication designed to further the purposes of section 2 32 29C.3. 2 33 c. "Local official" means the same as defined in section 2 34 68B.2. 2 35 d. "Statewide elected official" means the same as defined 3 1 in section 68B.2. 3 2 2. A statewide elected official, a member of the general 3 3 assembly, or a local official shall not make or authorize a 3 4 designated communication or designated exhibit expenditure. 3 5 3. A person who willfully violates this section shall be 3 6 subject to a civil penalty of an amount up to the amount of 3 7 moneys withdrawn from a public account, private trust fund 3 8 as defined in section 8.2, or trust fund controlled by a 3 9 political subdivision of the state used to fund the designated 3 10 communication or designated exhibit expenditure found to be 3 11 in violation of this section by the board or, for members of 3 12 the general assembly, by an appropriate legislative ethics 3 13 committee. Such penalty shall be determined and assessed by 3 14 the board and paid into the account from which such moneys were 3 15 withdrawn. Additional criminal or civil penalties available 3 16 under section 68A.701 or established by the board pursuant to 3 17 section 68B.32A may also be determined and assessed by the 3 18 board for violations of this section. Nothing in this section 3 19 shall prevent the imposition of any penalty or sanction for a 3 20 violation of this section by a legislative ethics committee. 3 21 4. This section shall not apply to any physically printed or 3 22 electronically printed, published, or disseminated materials or 3 23 literature generated by a statewide elected official, member of 3 24 the general assembly, or local official prior to the effective 3 25 date of this Act. 3 26 EXPLANATION 3 27 The inclusion of this explanation does not constitute agreement with 3 28 the explanation's substance by the members of the general assembly. 3 29 This bill prohibits a statewide elected official, defined 3 30 as the governor, lieutenant governor, secretary of state, 3 31 treasurer of state, auditor of state, attorney general, or 3 32 secretary of agriculture, member of the general assembly, or 3 33 local official from expending public moneys or moneys held in 3 34 a trust controlled by the state or a political subdivision on 3 35 advertisements in which that statewide elected official's, 4 1 member of the general assembly's, or local official's name, 4 2 likeness, or voice will appear or be heard. The bill also 4 3 prohibits such expenditures on booths at the Iowa state fair 4 4 and local fairs. Certain official documents and communications 4 5 are excluded from these prohibitions. 4 6 A person who violates the bill is subject to penalties 4 7 established pursuant to Code section 68B.32A, subsections 4 8 9 and 19, and must repay the trust fund or public account 4 9 from which the money was withdrawn. A member of the general 4 10 assembly who violates the bill may be subject to penalties 4 11 imposed by a legislative ethics committee. Any person who 4 12 willfully violates either portion of this bill is also guilty 4 13 of a serious misdemeanor pursuant to Code section 68A.701. A 4 14 serious misdemeanor is punishable by confinement for no more 4 15 than one year and a fine of at least $315 but not more than 4 16 $1,875. LSB 5210HV (2) 87 ss/rj
