Bill Text: IA SSB3188 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the expenditure of public funds and funds held in trust by statewide elected officials, members of the general assembly, or local officials on certain forms of advertisement and imposing penalties.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-02-13 - Subcommittee Meeting: 02/14/2018 4:00PM Conference Room 217 [SSB3188 Detail]
Download: Iowa-2017-SSB3188-Introduced.html
Senate
Study
Bill
3188
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
SMITH)
A
BILL
FOR
An
Act
relating
to
the
expenditure
of
public
funds
and
funds
1
held
in
trust
by
statewide
elected
officials,
members
of
the
2
general
assembly,
or
local
officials
on
certain
forms
of
3
advertisement
and
imposing
penalties.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
NEW
SECTION
.
68A.405A
Advertising
expenditures
1
prior
to
elections
prohibited.
2
1.
For
the
purposes
of
this
section:
3
a.
“Designated
communication”
means
a
public
advertisement
4
or
promotion
delivered
through
a
paid
direct
mailing,
a
paid
5
radio
communication,
or
a
paid
television
communication
funded
6
in
whole
or
in
part
with
public
moneys
or
moneys
held
in
a
7
private
trust
fund
as
defined
by
section
8.2,
or
a
trust
8
fund
controlled
by
a
political
subdivision
of
the
state,
if
9
such
paid
direct
mailing,
paid
radio
communication,
or
paid
10
television
communication
bears
the
written
name,
likeness,
or
11
voice
of
a
statewide
elected
official,
a
member
of
the
general
12
assembly,
or
a
local
official.
“Designated
communication”
does
13
not
mean
any
of
the
following:
14
(1)
A
report,
record,
letter,
memorandum,
document,
15
envelope,
cover
sheet,
certificate,
constituent
correspondence,
16
routine
ministerial
material,
or
ceremonial
material
bearing
17
the
name,
official
logo,
or
official
letterhead
of
the
office
18
of
a
statewide
elected
official,
a
member
of
the
general
19
assembly,
or
local
official,
provided
that
such
report,
20
record,
letter,
memorandum,
document,
envelope,
cover
sheet,
21
certificate,
routine
ministerial
material,
or
ceremonial
22
material
is
used
or
generated
in
the
course
of
the
statewide
23
elected
official’s,
member
of
the
general
assembly’s,
or
local
24
official’s
duties.
25
(2)
A
depiction
of
the
great
seal
of
the
state
of
Iowa
26
through
any
medium
when
such
depiction
has
been
approved
by
the
27
office
of
the
governor.
28
(3)
Official
press
releases
or
press
advisories
issued
by
29
the
office
of
a
statewide
elected
official,
a
member
of
the
30
general
assembly,
or
a
local
official
in
any
form.
31
(4)
A
publication,
literature,
or
other
medium
of
32
communication
designed
to
further
the
purposes
of
section
33
29C.3.
34
(5)
A
payment
made
by
the
office
of
a
statewide
elected
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official,
the
general
assembly,
or
a
local
official
to
the
1
management
of
a
fair
in
order
to
reserve
a
physical
floor
space
2
at
a
fairground
or
grounds
as
defined
by
section
174.1
for
use
3
by
the
statewide
elected
official,
the
general
assembly,
or
4
the
local
official
for
a
booth
or
display
at
a
fair
event
as
5
defined
in
section
174.1.
6
b.
“Designated
exhibit
expenditure”
means
a
billboard,
7
placard,
banner,
table
skirt,
sign,
display,
or
other
physical
8
structure
in
excess
of
one
hundred
fifty
square
inches
funded
9
in
whole
or
in
part
with
public
moneys
or
moneys
held
in
a
10
private
trust
fund
as
defined
in
section
8.2,
or
a
trust
fund
11
controlled
by
a
political
subdivision
of
the
state,
and
placed
12
or
displayed
within
or
upon
a
defined
physical
booth
space
13
located
at
a
fairground
or
grounds
as
defined
in
section
174.1
14
bearing
the
written
name,
likeness,
or
voice
of
a
statewide
15
elected
official,
a
member
of
the
general
assembly,
or
a
local
16
official.
“Designated
exhibit
expenditure”
does
not
mean
any
17
of
the
following:
18
(1)
A
report,
record,
letter,
memorandum,
document,
19
envelope,
cover
sheet,
certificate,
constituent
correspondence,
20
routine
ministerial
material,
or
ceremonial
material
bearing
21
the
name,
official
logo,
or
official
letterhead
of
the
office
22
of
a
statewide
elected
official,
a
member
of
the
general
23
assembly,
or
local
official,
provided
that
such
report,
24
record,
letter,
memorandum,
document,
envelope,
cover
sheet,
25
certificate,
routine
ministerial
material,
or
ceremonial
26
material
is
used
or
generated
in
the
course
of
the
statewide
27
elected
official’s,
member
of
the
general
assembly’s,
or
local
28
official’s
duties.
29
(2)
A
depiction
of
the
great
seal
of
the
state
of
Iowa
30
through
any
medium
when
such
depiction
has
been
approved
by
the
31
office
of
the
governor.
32
(3)
Official
press
releases
or
press
advisories
issued
by
33
the
office
of
a
statewide
elected
official,
a
member
of
the
34
general
assembly,
or
a
local
official
in
any
form.
35
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(4)
A
publication,
literature,
or
other
medium
of
1
communication
designed
to
further
the
purposes
of
section
2
29C.3.
3
(5)
A
payment
made
by
the
office
of
a
statewide
elected
4
official,
the
general
assembly,
or
a
local
official
to
the
5
management
of
a
fair
in
order
to
reserve
a
physical
floor
space
6
at
a
fairground
or
grounds
as
defined
by
section
174.1
for
use
7
by
the
statewide
elected
official,
the
general
assembly,
or
8
the
local
official
for
a
booth
or
display
at
a
fair
event
as
9
defined
in
section
174.1.
10
c.
“Local
official”
means
the
same
as
defined
in
section
11
68B.2.
12
d.
“Statewide
elected
official”
means
the
same
as
defined
13
in
section
68B.2.
14
2.
A
statewide
elected
official,
a
member
of
the
general
15
assembly,
or
a
local
official
shall
not
make
or
authorize
a
16
designated
communication
or
designated
exhibit
expenditure
to
17
be
made
within
thirty
days
before
a
general
election.
18
3.
A
statewide
elected
official,
member
of
the
general
19
assembly,
or
local
official
who
makes
or
authorizes
a
20
designated
communication
or
designated
exhibit
expenditure
to
21
be
made
more
than
thirty
days
before
a
general
election
shall
22
clearly
affix
to
the
designated
communication
or
designated
23
exhibit
expenditure
an
attribution
statement
disclosing
the
24
source
of
the
public
moneys
or
moneys
held
in
trust
used
to
25
pay
for
the
designated
communication
or
designated
exhibit
26
expenditure.
An
attribution
statement
is
not
required
to
be
27
affixed
to
a
designated
communication
or
designated
exhibit
28
expenditure
made
using
a
medium
substantially
similar
to
those
29
listed
in
section
68A.405,
subsection
2.
30
4.
An
attribution
statement
required
by
subsection
3
shall
31
be
displayed
or
transmitted
as
follows:
32
a.
For
a
designated
communication
in
the
form
of
a
paid
33
direct
mailing,
the
attribution
statement
shall
be
printed
on
34
the
paid
direct
mailing
and
shall
include
the
words
“paid
for
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by”
followed
by
the
exact
source
of
the
public
moneys
or
moneys
1
held
in
trust
so
used
to
pay
for
the
designated
communication
2
in
question.
3
b.
For
a
designated
communication
in
the
form
of
a
paid
4
radio
communication,
the
attribution
statement
shall
be
stated
5
clearly
and
in
an
understandable
manner
easily
ascertainable
by
6
the
listener
of
such
paid
radio
communication
and
shall
include
7
the
words
“paid
for
by”
followed
by
the
exact
source
of
the
8
public
moneys
or
moneys
held
in
trust
so
used
to
pay
for
the
9
designated
communication.
10
c.
For
a
designated
communication
in
the
form
of
a
paid
11
television
communication,
the
attribution
statement
shall
12
include
the
words
“paid
for
by”
followed
by
the
exact
source
13
of
the
public
moneys
or
moneys
held
in
trust
so
used
to
pay
for
14
the
designated
communication.
Such
attribution
statement
shall
15
be
displayed
on
the
screen
in
a
clearly
readable
manner
for
at
16
least
four
seconds.
17
d.
For
a
designated
exhibit
expenditure
requiring
an
18
attribution
statement,
the
attribution
statement
shall
be
19
printed
on
the
billboard,
placard,
banner,
table
skirt,
20
sign,
display,
or
other
physical
structure
and
shall
include
21
the
words
“paid
for
by”
followed
by
the
exact
source
of
the
22
public
moneys
or
moneys
held
in
trust
so
used
to
pay
for
the
23
designated
exhibit
expenditure.
24
5.
A
person
who
willfully
violates
this
section
shall
be
25
subject
to
a
civil
penalty
of
an
amount
up
to
the
amount
of
26
moneys
withdrawn
from
a
public
account,
private
trust
fund
27
as
defined
in
section
8.2,
or
trust
fund
controlled
by
a
28
political
subdivision
of
the
state
used
to
fund
the
designated
29
communication
or
designated
exhibit
expenditure
found
to
be
in
30
violation
of
this
section
by
the
board.
Such
penalty
shall
be
31
determined
and
assessed
by
the
board
and
paid
into
the
account
32
from
which
such
moneys
were
withdrawn.
Additional
criminal
or
33
civil
penalties
available
under
section
68A.701
or
established
34
by
the
board
pursuant
to
section
68B.32A
may
also
be
determined
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and
assessed
by
the
board
for
violations
of
this
section.
1
6.
This
section
shall
not
apply
to
any
physically
printed
or
2
electronically
printed,
published,
or
disseminated
materials
or
3
literature
generated
by
a
statewide
elected
official,
member
of
4
the
general
assembly,
or
local
official
prior
to
the
effective
5
date
of
this
Act.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
prohibits
a
statewide
elected
official,
defined
10
as
the
governor,
lieutenant
governor,
secretary
of
state,
11
treasurer
of
state,
auditor
of
state,
attorney
general,
or
12
secretary
of
agriculture;
member
of
the
general
assembly;
or
13
local
official
from
expending
public
moneys
or
moneys
held
in
14
a
trust
controlled
by
the
state
or
a
political
subdivision
on
15
designated
communications
or
designated
exhibit
expenditures
16
within
30
days
before
a
general
election.
The
bill
defines
17
designated
communication
as
a
public
advertisement
or
18
promotion
delivered
through
a
paid
direct
mailing,
a
paid
radio
19
communication,
or
a
paid
television
communication
if
such
20
advertisement
or
promotion
bears
the
written
name,
likeness,
or
21
voice
of
a
statewide
elected
official,
member
of
the
general
22
assembly,
or
local
official.
The
bill
defines
designated
23
exhibit
expenditure
as
a
billboard,
placard,
banner,
table
24
skirt,
sign,
display,
or
other
physical
structure
in
excess
25
of
150
square
inches
placed
or
displayed
within
or
upon
a
26
defined
physical
booth
space
located
at
a
fairground
or
grounds
27
as
defined
in
Code
section
174.1
bearing
the
written
name,
28
likeness,
or
voice
of
a
statewide
elected
official,
member
of
29
the
general
assembly,
or
local
official.
30
The
bill
excludes
from
the
definitions
of
designated
31
communication
and
designated
exhibit
expenditure
all
of
the
32
following:
a
report,
record,
letter,
memorandum,
document,
33
envelope,
cover
sheet,
certificate,
constituent
correspondence,
34
routine
ministerial
material,
or
ceremonial
material
bearing
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the
name,
official
logo,
or
official
letterhead
of
the
office
1
of
a
statewide
elected
official,
a
member
of
the
general
2
assembly,
or
local
official,
provided
that
such
report,
3
record,
letter,
memorandum,
document,
envelope,
cover
sheet,
4
certificate,
routine
ministerial
material,
or
ceremonial
5
material
is
used
or
generated
in
the
course
of
the
statewide
6
elected
official’s,
member
of
the
general
assembly’s,
or
7
local
official’s
duties;
a
depiction
of
the
great
seal
of
the
8
state
of
Iowa
through
any
medium
when
such
depiction
has
been
9
approved
by
the
office
of
the
governor;
official
press
releases
10
or
press
advisories
issued
by
the
office
of
a
statewide
elected
11
official,
a
member
of
the
general
assembly,
or
a
local
official
12
in
any
form;
a
publication,
literature,
or
other
medium
of
13
communication
related
to
a
proclamation
of
a
state
of
public
14
disorder
by
the
governor;
and
a
payment
made
by
the
office
of
a
15
statewide
elected
official,
the
general
assembly,
or
a
local
16
official
to
the
management
of
a
fair
in
order
to
reserve
a
17
physical
floor
space
at
a
fairground
or
grounds
for
use
by
the
18
statewide
elected
official,
the
general
assembly,
or
the
local
19
official
for
a
booth
or
display
at
a
fair
event.
20
The
bill
requires
any
designated
communication
or
designated
21
exhibit
expenditure
made
more
than
30
days
before
a
general
22
election
to
include
an
attribution
statement
disclosing
23
the
source
of
the
moneys
used
to
pay
for
the
designated
24
communication
or
designated
exhibit
expenditure,
unless
the
25
designated
communication
or
designated
exhibit
expenditure
uses
26
a
medium
substantially
similar
to
those
found
in
Code
section
27
68A.405.
28
A
person
who
willfully
violates
the
bill
shall
be
subject
29
to
a
civil
penalty
of
an
amount
up
to
the
amount
of
moneys
30
withdrawn
from
a
public
account,
private
trust
fund
as
31
defined
in
Code
section
8.2,
or
trust
fund
controlled
by
a
32
political
subdivision
of
the
state
used
to
fund
the
designated
33
communication
or
designated
exhibit
expenditure
as
found
by
34
the
board.
Such
penalty
shall
be
determined
and
assessed
by
35
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the
board
and
paid
into
the
account
from
which
such
moneys
1
were
withdrawn.
Any
additional
criminal
or
civil
penalties
2
available
under
Code
section
68A.701
or
established
by
the
3
board
pursuant
to
Code
section
68B.32A
may
also
be
determined
4
and
assessed
by
the
board
for
violations
of
the
bill.
5
The
bill
does
not
apply
to
any
physically
printed
or
6
electronically
printed,
published,
or
disseminated
materials
or
7
literature
generated
by
a
statewide
elected
official,
member
of
8
the
general
assembly,
or
local
official
prior
to
the
effective
9
date
of
the
bill.
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