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.

Spectrum: 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)
 \5
                                   A BILL FOR
 \1
                                       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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