Bill Text: IA SF329 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act making changes to the campaign finance laws relating to independent expenditures. (Formerly SSB 1114.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2013-12-31 - END OF 2013 ACTIONS [SF329 Detail]
Download: Iowa-2013-SF329-Introduced.html
Senate
File
329
-
Introduced
SENATE
FILE
329
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SSB
1114)
A
BILL
FOR
An
Act
making
changes
to
the
campaign
finance
laws
relating
to
1
independent
expenditures.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
68A.201,
subsection
1,
Code
2013,
is
1
amended
to
read
as
follows:
2
1.
a.
Every
committee,
as
defined
in
this
chapter
,
shall
3
file
a
statement
of
organization
within
ten
days
from
the
date
4
of
its
organization.
Unless
formal
organization
has
previously
5
occurred,
a
committee
is
deemed
to
have
organized
as
of
the
6
date
that
committee
transactions
exceed
the
financial
activity
7
threshold
established
in
section
68A.102,
subsection
5
or
8
18
.
If
committee
transactions
exceed
the
financial
activity
9
threshold
prior
to
the
due
date
for
filing
a
disclosure
report
10
as
established
under
section
68A.402
,
the
committee
shall
file
11
a
disclosure
report
whether
or
not
a
statement
of
organization
12
has
been
filed
by
the
committee.
13
b.
A
person
who
makes
one
or
more
independent
expenditures
14
and
files
all
statements
required
by
section
68A.404
shall
not
15
be
required
to
organize
a
committee
or
file
the
statement
of
16
organization
required
under
this
section.
17
Sec.
2.
Section
68A.404,
subsections
1,
2,
3,
and
7,
Code
18
2013,
are
amended
to
read
as
follows:
19
1.
As
used
in
this
section
,
“independent
expenditure”
means
20
one
or
more
expenditures
in
excess
of
seven
hundred
fifty
21
dollars
in
the
aggregate
for
a
communication
that
expressly
22
advocates
the
nomination,
election,
or
defeat
of
a
clearly
23
identified
candidate
or
the
passage
or
defeat
of
a
ballot
issue
24
that
is
made
without
the
prior
approval
or
coordination
with
25
a
candidate,
candidate’s
committee,
state
statutory
political
26
committee,
county
statutory
political
committee,
or
a
ballot
27
issue
political
committee.
28
2.
a.
An
entity
A
person
,
other
than
an
individual
or
29
individuals,
shall
not
make
an
independent
expenditure
or
30
disburse
funds
from
its
treasury
to
pay
for,
in
whole
or
in
31
part,
an
independent
expenditure
made
by
another
person
without
32
the
authorization
of
a
majority
of
the
entity’s
person’s
board
33
of
directors,
executive
council,
or
similar
organizational
34
leadership
body
of
the
use
of
treasury
funds
for
an
independent
35
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expenditure
involving
a
candidate
or
ballot
issue
committee
.
1
Such
authorization
must
occur
in
the
same
calendar
year
in
2
which
the
independent
expenditure
is
incurred.
3
b.
Such
authorization
shall
expressly
provide
whether
4
the
board
of
directors,
executive
council,
or
similar
5
organizational
leadership
body
authorizes
one
or
more
6
independent
expenditures
that
expressly
advocate
the
nomination
7
or
election
of
a
candidate
or
passage
of
a
ballot
issue
or
8
authorizes
one
or
more
independent
expenditures
that
expressly
9
advocate
the
defeat
of
a
candidate
or
ballot
issue
.
10
c.
A
foreign
national
shall
not
make
an
independent
11
expenditure,
directly
or
indirectly,
that
advocates
the
12
nomination,
election,
or
defeat
of
any
candidate
or
the
13
passage
or
defeat
of
any
ballot
issue
.
As
used
in
this
14
section
,
“foreign
national”
means
a
person
who
is
not
a
citizen
15
of
the
United
States
and
who
is
not
lawfully
admitted
for
16
permanent
residence.
“Foreign
national”
includes
a
foreign
17
principal,
such
as
a
government
of
a
foreign
country
or
a
18
foreign
political
party,
partnership,
association,
corporation,
19
organization,
or
other
combination
of
persons
that
has
its
20
primary
place
of
business
in
or
is
organized
under
the
laws
of
21
a
foreign
country.
“Foreign
national”
does
not
include
a
person
22
who
is
a
citizen
of
the
United
States
or
who
is
a
national
of
23
the
United
States.
24
d.
This
section
does
not
apply
to
a
candidate,
candidate’s
25
committee,
state
statutory
political
committee,
county
26
statutory
political
committee,
or
a
political
committee.
27
This
section
does
not
apply
to
a
federal
committee
or
an
28
out-of-state
committee
that
makes
an
independent
expenditure.
29
A
person
who
makes
one
or
more
independent
expenditures
and
30
files
all
statements
required
by
this
section
shall
not
be
31
required
to
organize
a
committee
or
file
the
statement
of
32
organization
required
under
section
68A.201.
33
3.
A
person,
other
than
a
committee
registered
under
this
34
chapter
,
that
makes
one
or
more
independent
expenditures
shall
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file
an
independent
expenditure
statement.
All
statements
1
and
reports
required
by
this
section
shall
be
filed
in
an
2
electronic
format
as
prescribed
by
rule.
3
a.
Subject
to
paragraph
“b”
,
the
person
filing
the
4
independent
expenditure
statement
shall
file
reports
under
5
sections
68A.402
and
68A.402A
.
An
initial
report
shall
be
filed
6
at
the
same
time
as
the
independent
expenditure
statement.
7
Subsequent
reports
shall
be
filed
according
to
the
same
8
schedule
as
the
office
or
election
to
which
the
independent
9
expenditure
was
directed.
10
(1)
A
supplemental
report
shall
be
filed
on
the
same
dates
11
as
in
section
68A.402,
subsection
2
,
paragraph
“b”
,
if
the
12
person
making
the
independent
expenditure
either
raises
or
13
expends
more
than
one
thousand
dollars.
14
(2)
A
report
filed
as
a
result
of
this
paragraph
“a”
shall
15
not
require
the
identification
of
individual
members
who
16
pay
dues
to
a
labor
union,
organization,
or
association,
or
17
individual
stockholders
of
a
business
corporation.
A
report
18
filed
as
a
result
of
this
paragraph
“a”
shall
not
require
the
19
disclosure
of
any
donor
or
other
source
of
funding
to
the
20
person
making
the
independent
expenditure
except
when
the
21
donation
or
source
of
funding,
or
a
portion
of
the
donation
or
22
source
of
funding,
was
provided
for
the
purpose
of
furthering
23
the
independent
expenditure.
24
b.
This
section
does
not
apply
to
a
candidate,
candidate’s
25
committee,
state
statutory
political
committee,
county
26
statutory
political
committee,
or
a
political
committee.
27
This
section
does
not
apply
to
a
federal
committee
or
an
28
out-of-state
committee
that
makes
an
independent
expenditure.
29
7.
A
person
making
an
independent
expenditure
shall
not
30
engage
or
retain
an
advertising
firm
or
consultant
that
has
31
also
been
engaged
or
retained
within
the
prior
six
months
32
by
the
candidate
,
or
candidate’s
committee
,
or
ballot
issue
33
committee
that
is
benefited
by
the
independent
expenditure.
34
Sec.
3.
Section
68A.404,
subsection
5,
paragraphs
b,
c,
and
35
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g,
Code
2013,
are
amended
to
read
as
follows:
1
b.
Description
of
the
position
advocated
by
the
individuals
2
or
persons
with
regard
to
the
clearly
identified
candidate
or
3
ballot
issue
.
4
c.
Identification
of
the
candidate
or
ballot
issue
benefited
5
by
the
independent
expenditure.
6
g.
A
certification
by
an
officer
of
the
corporation
7
representing
the
person,
if
the
person
is
other
than
an
8
individual
or
individuals,
that
the
board
of
directors,
9
executive
council,
or
similar
organizational
leadership
body
10
expressly
authorized
the
independent
expenditure
or
use
of
11
treasury
funds
for
the
independent
expenditure
by
resolution
12
or
other
affirmative
action
within
the
calendar
year
when
the
13
independent
expenditure
was
incurred.
14
Sec.
4.
Section
68A.404,
subsection
5,
Code
2013,
is
amended
15
by
adding
the
following
new
paragraphs:
16
NEW
PARAGRAPH
.
h.
The
name
and
address
of
every
donor
or
17
other
source
of
funding
in
excess
of
twenty-five
dollars
which
18
was
provided
for
the
purpose
of
furthering
the
independent
19
expenditure.
20
NEW
PARAGRAPH
.
i.
If
the
person
making
the
independent
21
expenditure
uses,
in
whole
or
in
part,
anything
of
value
22
from
one
or
more
donors
which
was
not
given
for
the
purpose
23
of
furthering
the
independent
expenditure,
the
person
making
24
the
independent
expenditure
must
disclose
the
top
five
donors
25
in
the
twelve
months
prior
to
the
independent
expenditure
26
being
made
who
gave
to
the
person
making
the
independent
27
expenditure.
For
purposes
of
this
section,
a
donor
is
a
person
28
who
has
rendered
anything
of
value
in
return
for
which
legal
29
consideration
of
equal
or
greater
value
is
not
given
and
30
received.
31
Sec.
5.
Section
68A.405,
subsection
1,
paragraph
h,
Code
32
2013,
is
amended
to
read
as
follows:
33
h.
If
the
published
material
is
the
result
of
an
independent
34
expenditure
subject
to
section
68A.404
,
the
published
material
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shall
include
a
statement
that
the
published
material
was
not
1
authorized
by
any
candidate,
candidate’s
committee,
state
2
statutory
political
committee,
county
statutory
political
3
committee,
or
ballot
issue
political
committee.
4
EXPLANATION
5
This
bill
makes
changes
to
the
campaign
finance
laws
6
relating
to
independent
expenditures.
7
The
bill
provides
that
a
person
who
makes
independent
8
expenditures
and
files
all
required
statements
is
not
required
9
to
organize
a
committee
or
file
a
statement
of
organization.
10
The
bill
strikes
current
Code
language
requiring
the
filing
11
of
independent
expenditure
reports.
12
The
bill
prohibits
a
person
making
an
independent
13
expenditure
from
coordinating
with
a
state
statutory
political
14
committee,
a
county
statutory
political
committee,
or
other
15
political
committee
as
well
as
a
candidate
or
candidate’s
16
committee.
The
statute
currently
only
prohibits
coordination
17
with
a
candidate,
candidate’s
committee,
or
ballot
issue
18
committee.
19
The
bill
eliminates
the
ability
to
make
independent
20
expenditures
in
favor
of
or
opposed
to
ballot
issues.
21
The
bill
requires
any
person,
other
than
one
or
more
22
individuals,
who
makes
an
independent
expenditure
to
obtain
23
prior
authorization
for
the
independent
expenditure
from
its
24
governing
or
leadership
body.
The
statute
currently
only
25
requires
an
entity
or
corporation
other,
than
an
individual
or
26
individuals,
to
obtain
prior
authorization.
27
The
bill
strikes
current
Code
language
which
provides
that
28
the
identification
of
individual
members
who
pay
dues
to
a
29
labor
union,
organization,
or
association,
or
individual
30
stockholders
of
a
business
corporation
is
not
required.
31
The
bill
requires
disclosure
of
the
name
and
address
of
every
32
donor
or
other
source
of
funding
in
excess
of
$25
provided
33
for
the
independent
expenditure.
The
bill
further
requires
34
that
if
a
person
making
an
independent
expenditure
uses
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anything
of
value
from
a
donor,
as
defined
in
the
bill,
that
1
was
not
donated
for
the
purpose
of
furthering
the
independent
2
expenditure,
the
person
must
disclose
the
person’s
top
five
3
donors
in
the
12
months
prior
to
the
making
of
the
independent
4
expenditure.
The
statute
currently
only
requires
disclosure
5
of
donors
if
the
donations
were
given
for
the
purpose
of
6
furthering
the
independent
expenditure.
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