Bill Text: IA SF2236 | 2011-2012 | 84th General Assembly | Amended
Bill Title: A bill for an act relating to the procedures and duties of the Iowa ethics and campaign disclosure board relating to campaign finance and to county redistricting and making penalties applicable and including effective date provisions. (Formerly SSB 3077.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2012-03-14 - Read first time, referred to State Government. H.J. 568. [SF2236 Detail]
Download: Iowa-2011-SF2236-Amended.html
Senate
File
2236
-
Reprinted
SENATE
FILE
2236
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SSB
3077)
(As
Amended
and
Passed
by
the
Senate
March
14,
2012
)
A
BILL
FOR
An
Act
relating
to
the
procedures
and
duties
of
the
Iowa
ethics
1
and
campaign
disclosure
board
relating
to
campaign
finance
2
and
to
county
redistricting
and
making
penalties
applicable
3
and
including
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
8.7,
Code
Supplement
2011,
is
amended
to
1
read
as
follows:
2
8.7
Reporting
of
gifts
and
bequests
received.
3
All
gifts
and
bequests
received
by
a
department
or
accepted
4
by
the
governor
on
behalf
of
the
state
shall
be
reported
in
an
5
electronic
format
to
the
Iowa
ethics
and
campaign
disclosure
6
board
and
the
general
assembly’s
standing
committees
on
7
government
oversight.
The
reports
are
required
only
if
gifts
8
are
received
and
shall
be
filed
no
later
than
the
tenth
day
of
9
the
month
for
all
gifts
and
bequests
received
in
the
previous
10
month.
The
ethics
and
campaign
disclosure
board
shall,
by
11
January
31
of
each
year,
submit
to
the
fiscal
services
division
12
of
the
legislative
services
agency
a
written
report
listing
13
all
gifts
and
bequests
received
during
the
previous
calendar
14
year
with
a
value
over
one
thousand
dollars
and
the
purpose
for
15
each
such
gift
or
bequest.
The
submission
shall
also
include
16
a
listing
of
all
gifts
and
bequests
received
by
a
department
17
from
a
person
if
the
cumulative
value
of
all
gifts
and
bequests
18
received
by
the
department
from
the
person
during
the
previous
19
calendar
year
exceeds
one
thousand
dollars,
and
the
ethics
and
20
campaign
disclosure
board
shall
include,
if
available,
the
21
purpose
for
each
such
gift
or
bequest.
However,
the
reports
on
22
gifts
or
bequests
filed
by
the
state
board
of
regents
and
the
23
Iowa
state
fair
board
pursuant
to
section
8.44
shall
be
deemed
24
sufficient
to
comply
with
the
requirements
of
this
section
.
25
Sec.
2.
Section
68A.102,
Code
2011,
is
amended
by
adding
the
26
following
new
subsection:
27
NEW
SUBSECTION
.
5A.
“Charitable
organization”
means
an
28
organization
that
is
described
in
section
501(c)(3)
of
the
29
Internal
Revenue
Code
that
is
exempt
from
taxation
under
30
section
501(a)
of
the
Internal
Revenue
Code.
31
Sec.
3.
Section
68A.201,
subsection
1,
Code
2011,
is
amended
32
to
read
as
follows:
33
1.
a.
Every
committee,
as
defined
in
this
chapter
,
shall
34
file
a
statement
of
organization
within
ten
days
from
the
date
35
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of
its
organization.
Unless
formal
organization
has
previously
1
occurred,
a
committee
is
deemed
to
have
organized
as
of
the
2
date
that
committee
transactions
exceed
the
financial
activity
3
threshold
established
in
section
68A.102,
subsection
5
or
4
18
.
If
committee
transactions
exceed
the
financial
activity
5
threshold
prior
to
the
due
date
for
filing
a
disclosure
report
6
as
established
under
section
68A.402
,
the
committee
shall
file
7
a
disclosure
report
whether
or
not
a
statement
of
organization
8
has
been
filed
by
the
committee.
9
b.
A
person
that
makes
one
or
more
independent
expenditures
10
and
files
all
statements
and
reports
required
by
section
11
68A.404
shall
not
be
required
to
organize
a
committee
or
file
12
the
statement
of
organization
required
under
this
section.
13
Sec.
4.
Section
68A.401A,
subsection
1,
unnumbered
14
paragraph
1,
Code
2011,
is
amended
to
read
as
follows:
15
A
political
organization
that
is
required
to
file
reports
16
with
the
internal
revenue
service,
pursuant
to
26
U.S.C.
§
527,
17
Any
person,
other
than
a
committee
filing
reports
under
section
18
68A.402
or
a
person
making
an
independent
expenditure
under
19
section
68A.404,
shall
file
,
in
electronic
format,
a
report
20
with
the
board
if
that
organization
person
does
both
of
the
21
following:
22
Sec.
5.
Section
68A.401A,
subsection
2,
paragraph
b,
Code
23
2011,
is
amended
to
read
as
follows:
24
b.
The
name
and
address,
and,
in
the
case
of
an
individual,
25
the
occupation
and
name
of
employer
of
such
individual,
of
26
all
contributors
which
contributed
an
aggregate
amount
of
two
27
hundred
dollars
or
more
to
the
organization
person
making
or
28
disseminating
the
communication
during
the
calendar
year
and
29
the
amount
and
date
of
the
contribution.
30
Sec.
6.
Section
68A.401A,
subsection
4,
Code
2011,
is
31
amended
to
read
as
follows:
32
4.
The
term
“issue
advocacy”
means
any
print,
radio,
33
televised,
telephonic,
or
electronic
communication
in
any
34
form
or
content,
which
is
disseminated
to
the
general
public
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or
a
segment
of
the
general
public,
that
refers
to
a
clearly
1
identified
candidate
for
the
general
assembly
or
statewide
2
office
.
3
Sec.
7.
Section
68A.404,
subsection
2,
paragraph
a,
Code
4
2011,
is
amended
to
read
as
follows:
5
a.
An
entity
A
person
,
other
than
an
individual
or
6
individuals,
shall
not
make
an
independent
expenditure
or
7
disburse
funds
from
its
treasury
to
pay
for,
in
whole
or
in
8
part,
an
independent
expenditure
made
by
another
person
without
9
the
authorization
of
a
majority
of
the
entity’s
person’s
board
10
of
directors,
executive
council,
or
similar
organizational
11
leadership
body
of
the
use
of
treasury
funds
for
an
independent
12
expenditure
involving
a
candidate
or
ballot
issue
committee.
13
Such
authorization
must
occur
in
the
same
calendar
year
in
14
which
the
independent
expenditure
is
incurred.
15
Sec.
8.
Section
68A.404,
subsection
3,
paragraphs
a
and
b,
16
Code
2011,
are
amended
to
read
as
follows:
17
a.
Subject
to
paragraph
“b”
,
the
person
filing
the
18
independent
expenditure
statement
shall
file
reports
under
19
sections
68A.402
and
68A.402A
.
An
initial
report
shall
20
be
filed
at
the
same
time
as
the
independent
expenditure
21
statement.
Subsequent
reports
shall
be
filed
according
to
22
the
same
schedule
as
the
office
or
election
to
which
the
23
independent
expenditure
was
directed.
24
(1)
A
supplemental
report
shall
be
filed
on
the
same
dates
25
as
in
section
68A.402,
subsection
2
,
paragraph
“b”
,
if
the
26
person
making
the
independent
expenditure
either
raises
or
27
expends
more
than
one
thousand
dollars.
28
(2)
A
report
filed
as
a
result
of
this
paragraph
“a”
shall
29
not
require
the
identification
of
individual
members
who
30
pay
dues
to
a
labor
union,
organization,
or
association,
or
31
individual
stockholders
of
a
business
corporation.
A
report
32
filed
as
a
result
of
this
paragraph
“a”
shall
not
require
the
33
disclosure
of
any
donor
or
other
source
of
funding
to
the
34
person
making
the
independent
expenditure
except
when
the
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donation
or
source
of
funding,
or
a
portion
of
the
donation
or
1
source
of
funding,
was
provided
for
the
purpose
of
furthering
2
the
independent
expenditure
include
the
name
and
address
of
3
each
person
who
has
made
one
or
more
contributions
to
the
4
person
making
the
independent
expenditure
when
the
aggregate
5
amount
in
a
calendar
year
is
two
hundred
dollars
or
more,
and
6
the
amount
and
date
of
each
contribution
.
7
b.
This
section
does
not
apply
to
a
candidate,
candidate’s
8
committee,
state
statutory
political
committee,
county
9
statutory
political
committee,
or
a
political
committee.
10
This
section
does
not
apply
to
a
federal
committee
or
an
11
out-of-state
committee
that
makes
an
independent
expenditure.
12
A
person
that
makes
one
or
more
independent
expenditures
and
13
files
all
statements
and
reports
required
by
this
section
shall
14
not
be
required
to
organize
a
committee
or
file
the
statement
15
of
organization
required
under
section
68A.201.
16
Sec.
9.
Section
68A.404,
subsection
5,
paragraph
g,
Code
17
2011,
is
amended
to
read
as
follows:
18
g.
A
certification
by
an
officer
of
the
corporation
19
representing
the
person,
if
the
person
is
other
than
an
20
individual
or
individuals,
that
the
board
of
directors,
21
executive
council,
or
similar
organizational
leadership
body
22
expressly
authorized
the
independent
expenditure
or
use
of
23
treasury
funds
for
the
independent
expenditure
by
resolution
24
or
other
affirmative
action
within
the
calendar
year
when
the
25
independent
expenditure
was
incurred.
26
Sec.
10.
Section
68A.405,
subsection
1,
paragraph
a,
27
subparagraph
(3),
Code
2011,
is
amended
to
read
as
follows:
28
(3)
“Published
material”
means
any
newspaper,
magazine,
29
shopper,
outdoor
advertising
facility,
poster,
direct
mailing,
30
brochure,
internet
website,
campaign
sign,
or
any
other
form
31
of
printed
general
public
political
advertising.
“Published
32
material”
includes
television,
video,
or
motion
picture
33
advertising
,
or
automated
or
live
telephone
calls
.
34
Sec.
11.
Section
68A.405,
subsection
3,
Code
2011,
is
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amended
to
read
as
follows:
1
3.
For
television,
video,
or
motion
picture
advertising,
2
the
attribution
statement
shall
be
displayed
on
the
screen
3
in
a
clearly
readable
manner
for
at
least
four
seconds.
For
4
automated
or
live
telephone
calls,
the
attribution
statement
5
shall
be
clearly
enunciated.
6
Sec.
12.
NEW
SECTION
.
68B.22A
Reporting
of
gifts
from
7
restricted
donors.
8
1.
All
officials
and
employees
of
the
executive
branch
of
9
the
state
of
Iowa
shall
report
to
the
board
in
an
electronic
10
format
any
gift
or
series
of
gifts
from
a
restricted
donor
that
11
exceed
one
hundred
dollars
in
the
aggregate
in
a
calendar
year.
12
2.
The
report
shall
be
filed
no
later
than
the
tenth
day
13
of
the
month
for
gifts
received
by
the
official
or
employee
or
14
that
person’s
immediate
family
member
in
the
previous
month.
15
3.
The
report
shall
include
the
name
of
the
official
or
16
employee,
the
person’s
position
or
title
with
the
executive
17
branch,
the
name
and
address
of
the
restricted
donor,
a
18
description
of
the
gift,
the
estimated
value
of
the
gift,
and
19
the
exception
in
section
68B.22,
subsection
4,
that
allows
the
20
official
or
employee
to
accept,
directly
or
indirectly,
the
21
gift.
22
4.
The
report
shall
include
the
name
of
any
open
candidate’s
23
committee
established
for
the
person.
Campaign
contributions
24
shall
not
be
included
in
the
report
if
such
contributions
are
25
disclosed
on
the
candidate’s
committee’s
disclosure
reports.
26
Sec.
13.
Section
331.210A,
subsection
2,
paragraph
e,
Code
27
2011,
is
amended
by
adding
the
following
new
subparagraph:
28
NEW
SUBPARAGRAPH
.
(4)
Members
of
the
temporary
county
29
redistricting
commission
shall
retain
all
of
their
work
30
product
relating
to
the
redistricting
process
or
plan
until
the
31
state
commissioner
of
elections
has
approved
the
plan
and
any
32
complaint
alleging
the
plan
was
drawn
for
improper
political
33
reasons
has
been
resolved.
Work
product
includes
but
is
not
34
limited
to
any
written
or
electronic
communication
with
any
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