Bill Text: IA HF337 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to campaign finance laws by making changes related to independent expenditures and making penalties applicable.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2015-04-14 - Withdrawn. H.J. 831. [HF337 Detail]

Download: Iowa-2015-HF337-Introduced.html

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House File 337 - Introduced




                                 HOUSE FILE       
                                 BY  PRICHARD

                                      A BILL FOR

  1 An Act relating to campaign finance laws by making changes
  2    related to independent expenditures and making penalties
  3    applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1647YH (3) 86
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PAG LIN



  1  1    Section 1.  Section 68A.201, subsection 1, Code 2015, is
  1  2 amended to read as follows:
  1  3    1.  a.  Every committee, as defined in this chapter, shall
  1  4 file a statement of organization within ten days from the date
  1  5 of its organization. Unless formal organization has previously
  1  6 occurred, a committee is deemed to have organized as of the
  1  7 date that committee transactions exceed the financial activity
  1  8 threshold established in section 68A.102, subsection 5 or
  1  9 18. If committee transactions exceed the financial activity
  1 10 threshold prior to the due date for filing a disclosure report
  1 11 as established under section 68A.402, the committee shall file
  1 12 a disclosure report whether or not a statement of organization
  1 13 has been filed by the committee.
  1 14    b.  A person who makes one or more independent expenditures
  1 15 and files all statements required by section 68A.404 shall not
  1 16 be required to organize a committee or file the statement of
  1 17 organization required under this section.
  1 18    Sec. 2.  Section 68A.402B, subsection 3, Code 2015, is
  1 19 amended by striking the subsection and inserting in lieu
  1 20 thereof the following:
  1 21    3.  A person who makes one or more independent expenditures
  1 22 and files all statements required by section 68A.404 shall
  1 23 not be required to file a statement of dissolution under this
  1 24 section.
  1 25    Sec. 3.  Section 68A.404, subsection 2, paragraph a, Code
  1 26 2015, is amended to read as follows:
  1 27    a.  An entity A person, other than an individual or
  1 28 individuals, shall not make an independent expenditure or
  1 29 disburse funds from its treasury to pay for, in whole or in
  1 30 part, an independent expenditure made by another person without
  1 31 the authorization of a majority of the entity's person's board
  1 32 of directors, executive council, or similar organizational
  1 33 leadership body of the use of treasury funds for an independent
  1 34 expenditure involving a candidate or ballot issue committee.
  1 35 Such authorization must occur in the same calendar year in
  2  1 which the independent expenditure is incurred.
  2  2    Sec. 4.  Section 68A.404, subsection 2, Code 2015, is amended
  2  3 by adding the following new paragraph:
  2  4    NEW PARAGRAPH.  d.  This section does not apply to a
  2  5 candidate, candidate's committee, state statutory political
  2  6 committee, county statutory political committee, or a political
  2  7 committee. This section does not apply to a federal committee
  2  8 or an out=of=state committee that makes an independent
  2  9 expenditure.  A person who makes one or more independent
  2 10 expenditures and files all statements required by this section
  2 11 shall not be required to organize a committee or file the
  2 12 statement of organization required under section 68A.201.
  2 13    Sec. 5.  Section 68A.404, subsection 3, Code 2015, is amended
  2 14 to read as follows:
  2 15    3.  A person, other than a committee registered under this
  2 16 chapter, that makes one or more independent expenditures shall
  2 17 file an independent expenditure statement. All statements
  2 18 and reports required by this section shall be filed in an
  2 19 electronic format as prescribed by rule.
  2 20    a.  Subject to paragraph "b", the person filing the
  2 21 independent expenditure statement shall file reports under
  2 22 sections 68A.402 and 68A.402A. An initial report shall be filed
  2 23 at the same time as the independent expenditure statement.
  2 24 Subsequent reports shall be filed according to the same
  2 25 schedule as the office or election to which the independent
  2 26 expenditure was directed.
  2 27    (1)  A supplemental report shall be filed on the same dates
  2 28 as in section 68A.402, subsection 2, paragraph "b", if the
  2 29 person making the independent expenditure either raises or
  2 30 expends more than one thousand dollars.
  2 31    (2)  A report filed as a result of this paragraph "a" shall
  2 32 not require the identification of individual members who
  2 33 pay dues to a labor union, organization, or association, or
  2 34 individual stockholders of a business corporation. A report
  2 35 filed as a result of this paragraph "a" shall not require the
  3  1 disclosure of any donor or other source of funding to the
  3  2 person making the independent expenditure except when the
  3  3 donation or source of funding, or a portion of the donation or
  3  4 source of funding, was provided for the purpose of furthering
  3  5 the independent expenditure.
  3  6    b.  This section does not apply to a candidate, candidate's
  3  7 committee, state statutory political committee, county
  3  8 statutory political committee, or a political committee.
  3  9 This section does not apply to a federal committee or an
  3 10 out=of=state committee that makes an independent expenditure.
  3 11    Sec. 6.  Section 68A.404, subsection 5, paragraph g, Code
  3 12 2015, is amended to read as follows:
  3 13    g.  A certification by an officer of the corporation
  3 14  representing the person, if the person is other than an
  3 15 individual or individuals, that the board of directors,
  3 16 executive council, or similar organizational leadership body
  3 17 expressly authorized the independent expenditure or use of
  3 18 treasury funds for the independent expenditure by resolution
  3 19 or other affirmative action within the calendar year when the
  3 20 independent expenditure was incurred.
  3 21    Sec. 7.  Section 68A.404, subsection 5, Code 2015, is amended
  3 22 by adding the following new paragraph:
  3 23    NEW PARAGRAPH.  h.  The name and address of every person
  3 24 who has made a contribution of twenty=five dollars or more or
  3 25 source of funding that provided anything equal to or greater
  3 26 than twenty=five dollars in value that was provided for the
  3 27 purpose of furthering the independent expenditure. A person
  3 28 making an independent expenditure shall not be required to
  3 29 disclose the names and addresses of individual members who
  3 30 pay dues to a labor union, organization, or association or
  3 31 individual stockholders of a business corporation.
  3 32                           EXPLANATION
  3 33 The inclusion of this explanation does not constitute agreement with
  3 34 the explanation's substance by the members of the general assembly.
  3 35    This bill makes changes to the campaign finance laws
  4  1 relating to independent expenditures.
  4  2    The bill provides that a person who makes independent
  4  3 expenditures and files all required statements is not required
  4  4 to organize a committee or file a statement of organization.
  4  5    The bill strikes language that required persons making
  4  6 independent expenditures to file a termination report following
  4  7 a determination that the person will no longer make such
  4  8 expenditures. The bill also states that a person who makes
  4  9 an independent expenditure shall not be required to file a
  4 10 statement of dissolution if the person files all other required
  4 11 statements.
  4 12    The bill strikes the requirement that a person making
  4 13 an independent expenditure file the same disclosure report
  4 14 required of candidates.
  4 15    The bill requires that an officer representing a person,
  4 16 other than one or more individuals, certify the prior
  4 17 authorization for the independent expenditure from the person's
  4 18 governing or leadership body. The statute currently requires
  4 19 only a corporation to certify prior authorization.
  4 20    The bill requires that the name and address of every
  4 21 contributor of $25 or more, or source of funding that provided
  4 22 anything equal to or greater than $25 in value, for purposes
  4 23 of furthering an independent expenditure be included on the
  4 24 independent expenditure statement but maintains current Code
  4 25 language that provides that the identification of individual
  4 26 members who pay dues to a labor union, organization, or
  4 27 association, or individual stockholders of a business
  4 28 corporation is not required.
  4 29    As provided in Code section 68A.701, a willful violation of
  4 30 any provision of the campaign finance Code chapter is a serious
  4 31 misdemeanor punishable by confinement for up to one year and
  4 32 a fine of at least $315 but not more than $1,875.  A variety
  4 33 of civil remedies are also available in Code section 68B.32D
  4 34 for a violation of Code chapter 68A or rules of the ethics and
  4 35 campaign disclosure board, ranging from a reprimand to a civil
  5  1 penalty of not more than $2,000.
       LSB 1647YH (3) 86
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