Bill Text: IA SF2256 | 2017-2018 | 87th General Assembly | Enrolled
Bill Title: A bill for an act relating to campaign finance, including electronic filing requirements for statements and reports filed with the ethics and campaign disclosure board and disclosure requirements for contributions made to candidates or committees. (Formerly SSB 3111.) Effective 7-1-18.
Sponsorship: Committee Bill
Status: (Passed) 2018-04-02 - Signed by Governor. S.J. 859. [SF2256 Detail]
Download: Iowa-2017-SF2256-Enrolled.html
Senate File 2256 - Enrolled
SENATE FILE
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO SSB
3111)
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A BILL FOR
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Senate File 2256
AN ACT
RELATING TO CAMPAIGN FINANCE, INCLUDING ELECTRONIC
FILING REQUIREMENTS FOR STATEMENTS AND REPORTS FILED WITH
THE ETHICS AND CAMPAIGN DISCLOSURE BOARD AND DISCLOSURE
REQUIREMENTS FOR CONTRIBUTIONS MADE TO CANDIDATES OR
COMMITTEES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 68A.201A, subsection 6, Code 2018, is
amended to read as follows:
6. Effective January 1, 2011, the The verified statement
shall be filed in an electronic format by 4:30 p.m. of the day
the filing is due.
Sec. 2. Section 68A.401, subsection 1, Code 2018, is amended
to read as follows:
1. All statements and reports required to be filed under
this chapter shall be filed with the board as provided in this
section and section 68A.402, subsection 1. The board shall
post on its internet site all statements and reports filed
under this chapter. For purposes of this section, the term
"statement" does not include a bank statement.
a. A state statutory political committee, a county statutory
political committee, a political committee expressly advocating
for or against the nomination, election, or defeat of a
candidate for statewide office or the general assembly, and a
candidate's committee of a candidate for statewide office or
the general assembly shall file all statements and reports in
an electronic format by 4:30 p.m. of the day the filing is due
and according to rules adopted by the board.
b. Any other candidate or committee involved in a county,
city, school, or other political subdivision election that
accepts monetary or in=kind contributions in excess of two
thousand dollars, or incurs indebtedness in excess of two
thousand dollars in the aggregate in a calendar year, or makes
expenditures in excess of two thousand dollars in a calendar
year to expressly advocate for or against a clearly identified
candidate or ballot issue shall file all statements and reports
in an electronic format by 4:30 p.m. of the day the filing is
due and according to rules adopted by the board. The committee
shall continue to file subsequent statements and reports in
an electronic format until being certified as dissolved under
section 68A.402B.
c. Effective January 1, 2016, any other candidate or
political committee not described in paragraphs "a" and "b"
shall file all statements and reports in an electronic format
by 4:30 p.m. of the day the filing is due according to rules
adopted by the board pursuant to chapter 17A.
d. b. If the board determines that a violation of this
subsection has occurred, the board may impose any of the
remedies or penalties provided for under section 68B.32D,
except that the board shall not refer any complaint or
supporting information of a violation of this section to the
attorney general or any county attorney for prosecution.
Sec. 3. Section 68A.402, subsection 1, Code 2018, is amended
to read as follows:
1. Filing methods. Each committee shall electronically file
with the board reports disclosing information required under
this section on forms prescribed by rule. Except as set out
in section 68A.401, reports shall be filed on or before the
required due dates by using any of the following methods: mail
bearing a United States postal service postmark, hand=delivery,
facsimile transmission, electronic mail attachment, or
electronic filing as prescribed by rule. Any report that is
required to be filed five days or less prior to an election
must be physically received by the board to be considered
timely filed. For purposes of this section, "physically
received" means the report is either electronically filed using
the board's electronic filing system or is received by the
board prior to 4:30 p.m. on the report due date.
Sec. 4. Section 68A.403, Code 2018, is amended to read as
follows:
68A.403 Reports signed and preserved.
1. Unless filed in an electronic format, a report or
statement required to be filed under this chapter shall be
signed by the person filing the report.
2. A copy of every report or statement shall be preserved
by the person filing it or the person's successor for at least
three years following the filing of the report or statement.
Sec. 5. Section 68A.502, Code 2018, is amended to read as
follows:
68A.502 Contribution in name of another == prohibited.
1. A person making a contribution in excess of twenty=five
dollars shall provide the person's name and address to the
candidate or committee receiving the contribution.
1. 2. A person shall not make a contribution or expenditure
in the name of another person, and a person shall not knowingly
accept a contribution or expenditure made by one person in the
name of another.
3. For the purpose of this section, a an illegal
contribution or expenditure is any of the following:
a. A contribution or expenditure made by one person which
is ultimately reimbursed by another person who has not been
identified as the ultimate source or recipient of the funds is
considered to be an illegal contribution or expenditure in the
name of another.
b. A contribution or expenditure made using a fictitious
name. A name is fictitious in the case of an individual if the
name does not include the individual's legal surname at the
time of the contribution or expenditure.
c. A contribution or expenditure made by a person who
borrowed the money from another person if the original source
of said money is not disclosed.
2. 4. Any candidate or committee receiving funds, the
original source of which was a loan, shall be required to list
the lender as a contributor. No candidate or committee shall
knowingly receive funds from a contributor who has borrowed the
money without listing the original source of said money.
CHARLES SCHNEIDE
LINDA UPMEYER
W. CHARLES SMITH
KIM REYNOLDS
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