Bill Text: IA SSB3197 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act making changes to the campaign finance laws and making penalties applicable.
Spectrum: Unknown
Status: (N/A - Dead) 2014-02-18 - In State Government [SSB3197 Detail]
Download: Iowa-2013-SSB3197-Introduced.html
Senate
Study
Bill
3197
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
DANIELSON)
A
BILL
FOR
An
Act
making
changes
to
the
campaign
finance
laws
and
making
1
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
6148XC
(7)
85
aw/sc
S.F.
_____
Section
1.
Section
68A.201,
subsection
1,
Code
2014,
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
or
electioneering
communications,
as
defined
in
section
15
68A.404,
and
files
all
statements
required
by
section
68A.404
16
shall
not
be
required
to
organize
a
committee
or
file
the
17
statement
of
organization
required
under
this
section.
18
Sec.
2.
Section
68A.404,
subsection
1,
Code
2014,
is
amended
19
to
read
as
follows:
20
1.
a.
As
used
in
this
section
,
“independent
expenditure”
21
means
one
or
more
expenditures
in
excess
of
seven
hundred
fifty
22
dollars
in
the
aggregate
for
a
communication
that
expressly
23
advocates
the
nomination,
election,
or
defeat
of
a
clearly
24
identified
candidate
or
the
passage
or
defeat
of
a
ballot
issue
25
that
is
made
without
the
prior
approval
or
coordination
with
a
26
candidate,
candidate’s
committee,
or
a
ballot
issue
committee.
27
b.
(1)
As
used
in
this
section,
“electioneering
28
communication”
means
one
or
more
expenditures
in
excess
of
seven
29
hundred
fifty
dollars
in
the
aggregate
for
a
communication
30
that
clearly
identifies
a
candidate
for
elective
office,
but
31
does
not
expressly
advocate
the
nomination,
election,
or
32
defeat
of
the
candidate,
and
that
is
disseminated,
broadcast,
33
or
otherwise
published
within
sixty
days
of
the
election
for
34
the
office
sought
by
that
candidate,
that
is
made
without
the
35
-1-
LSB
6148XC
(7)
85
aw/sc
1/
10
S.F.
_____
prior
approval
or
coordination
with
a
candidate,
candidate’s
1
committee,
or
a
ballot
issue
committee,
and
that
meets
the
2
following
conditions:
3
(a)
Is
for
broadcast,
cable,
or
satellite
communications
4
and
is
intended
to
be
received
by
fifteen
thousand
or
more
5
individuals
in
total
for
statewide
office
or
three
thousand
or
6
more
individuals
in
total
for
other
offices.
7
(b)
Is
for
mass
mailing,
print,
or
telephonic
communication
8
and
is
intended
to
be
received
by
two
thousand
five
hundred
or
9
more
households
in
total
for
statewide
office
five
hundred
or
10
more
households
in
total
for
other
offices.
11
(2)
“Electioneering
communication”
does
not
include:
12
(a)
A
communication
appearing
in
a
news
story,
commentary,
13
or
editorial
distributed
through
the
facilities
of
any
14
broadcasting
station,
unless
such
facilities
are
owned
or
15
controlled
by
a
political
party,
committee,
or
candidate.
16
(b)
A
candidate
debate
or
forum
conducted
pursuant
to
17
regulations
adopted
by
the
board,
or
any
communication
the
sole
18
purpose
of
which
is
to
promote
such
a
debate
or
forum
and
the
19
communication
is
made
by
or
on
behalf
of
the
person
sponsoring
20
the
debate
or
forum.
21
(c)
A
communication
on
the
internet
or
through
electronic
22
mail
that
is
not
a
paid
advertisement
on
another
internet
site
23
or
through
an
internet
communications
service.
24
(d)
Any
communication
that
the
board
determines
does
not
25
constitute
an
electioneering
communication
under
rules
adopted
26
by
the
board
as
consistent
with
this
chapter.
27
c.
A
political
subdivision
of
this
state
may
by
resolution
28
reduce
the
thresholds
for
electioneering
communications
in
29
paragraph
“b”
,
subparagraph
(1)
for
elections
for
offices
for
30
that
political
subdivision.
31
Sec.
3.
Section
68A.404,
subsection
2,
paragraphs
a
and
b,
32
Code
2014,
are
amended
to
read
as
follows:
33
a.
An
entity
A
person
,
other
than
an
individual
or
34
individuals,
shall
not
make
an
independent
expenditure
or
35
-2-
LSB
6148XC
(7)
85
aw/sc
2/
10
S.F.
_____
electioneering
communication
or
disburse
funds
from
its
1
treasury
to
pay
for,
in
whole
or
in
part,
an
independent
2
expenditure
or
electioneering
communication
that
can
reasonably
3
be
expected
to
be
made
by
another
person
,
as
defined
in
4
section
68A.102,
without
the
authorization
of
a
majority
5
of
the
entity’s
contributing
person’s
board
of
directors,
6
executive
council,
or
similar
organizational
leadership
body
7
of
the
use
of
treasury
funds
for
an
independent
expenditure
8
or
electioneering
communication
involving
a
candidate
or
9
ballot
issue
committee.
Such
authorization
must
occur
in
the
10
same
calendar
year
in
which
the
independent
expenditure
or
11
electioneering
communication
is
incurred.
12
b.
Such
authorization
shall
expressly
provide
whether
13
the
board
of
directors,
executive
council,
or
similar
14
organizational
leadership
body
authorizes
one
or
more
15
independent
expenditures
that
expressly
advocate
the
nomination
16
or
election
of
a
candidate
or
passage
of
a
ballot
issue
17
or
authorizes
one
or
more
independent
expenditures
that
18
expressly
advocate
the
defeat
of
a
candidate
or
ballot
issue
or
19
electioneering
communications
.
20
Sec.
4.
Section
68A.404,
subsection
2,
Code
2014,
is
amended
21
by
adding
the
following
new
paragraph:
22
NEW
PARAGRAPH
.
d.
For
purposes
of
the
donor
information
23
required
in
subsection
5,
a
person,
as
defined
in
section
24
68A.102,
may
reasonably
expect
that
a
contribution
or
transfer
25
of
funds
to
a
person
subject
to
the
authorization
requirements
26
of
paragraph
“a”
will
be
used
for
independent
expenditures
27
or
electioneering
communications
if
the
recipient
of
such
28
a
contribution
or
transfer
could
reasonably
be
expected
to
29
make
such
expenditures
or
communications
or
has
made
such
30
expenditures
or
communications
in
the
last
five
years,
unless
31
any
of
the
following
apply:
32
(1)
The
contribution
or
transfer
of
funds
is
made
in
the
33
ordinary
course
of
business.
34
(2)
The
person
making
the
contribution
or
transfer
and
35
-3-
LSB
6148XC
(7)
85
aw/sc
3/
10
S.F.
_____
recipient
agree
in
writing
that
the
funds
will
not
be
used
for
1
independent
expenditures
or
electioneering
communications.
2
Sec.
5.
Section
68A.404,
subsection
3,
Code
2014,
is
amended
3
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
4
following:
5
3.
a.
A
person,
other
than
a
committee
registered
under
6
this
chapter
,
who
makes
one
or
more
independent
expenditures
7
or
electioneering
communications
shall
file
an
independent
8
expenditure
or
electioneering
communication
statement
whichever
9
is
appropriate.
All
statements
required
by
this
section
shall
10
be
filed
in
an
electronic
format
as
prescribed
by
rule.
11
b.
A
statement
filed
in
accordance
with
paragraph
“a”
shall
12
not
require
identification
of
individual
stockholders
of
a
13
business
corporation
or
individual
members
who
pay
dues
to
a
14
labor
union
as
part
of
a
collective
bargaining
agreement.
15
Sec.
6.
Section
68A.404,
subsection
4,
Code
2014,
is
amended
16
to
read
as
follows:
17
4.
a.
An
independent
expenditure
or
electioneering
18
communication
statement
shall
be
filed
within
forty-eight
hours
19
of
the
making
of
an
independent
expenditure
or
electioneering
20
communication
in
excess
of
seven
hundred
fifty
dollars
in
the
21
aggregate,
or
within
forty-eight
hours
of
disseminating
the
22
communication
to
its
intended
audience,
whichever
is
earlier.
23
For
purposes
of
this
section
,
an
independent
expenditure
or
24
electioneering
communication
is
made
when
the
independent
25
expenditure
communication
or
electioneering
communication
26
is
purchased
or
ordered
regardless
of
whether
or
not
the
27
person
making
the
independent
expenditure
or
electioneering
28
communication
has
been
billed
for
the
cost
of
the
independent
29
expenditure
or
electioneering
communication
.
30
b.
An
independent
expenditure
or
electioneering
31
communication
statement
shall
be
filed
with
the
board
and
the
32
board
shall
immediately
make
the
independent
expenditure
or
33
electioneering
communication
statement
available
for
public
34
viewing.
35
-4-
LSB
6148XC
(7)
85
aw/sc
4/
10
S.F.
_____
c.
For
purposes
of
this
section
,
an
independent
expenditure
1
or
electioneering
communication
is
made
at
the
time
that
the
2
cost
is
incurred.
3
Sec.
7.
Section
68A.404,
subsection
5,
unnumbered
paragraph
4
1,
Code
2014,
is
amended
to
read
as
follows:
5
The
independent
expenditure
or
electioneering
communication
6
statement
shall
contain
all
of
the
following
information:
7
Sec.
8.
Section
68A.404,
subsection
5,
paragraphs
c
and
g,
8
Code
2014,
are
amended
to
read
as
follows:
9
c.
Identification
of
the
candidate
or
ballot
issue
benefited
10
by
the
independent
expenditure
or
electioneering
communication
.
11
g.
A
certification
by
an
officer
of
the
corporation
12
that
the
board
of
directors,
executive
council,
or
similar
13
organizational
leadership
body
expressly
authorized
the
14
independent
expenditure
or
electioneering
communication
or
15
use
of
treasury
funds
for
the
independent
expenditure
or
16
electioneering
communication
by
resolution
or
other
affirmative
17
action
within
the
calendar
year
when
the
independent
18
expenditure
or
electioneering
communication
was
incurred.
19
Sec.
9.
Section
68A.404,
subsection
5,
Code
2014,
is
amended
20
by
adding
the
following
new
paragraphs:
21
NEW
PARAGRAPH
.
h.
Except
as
provided
in
paragraph
“i”
,
the
22
name
and
address
of
every
donor
or
other
source
of
funding
in
23
excess
of
twenty-five
dollars,
and
the
amount
of
contribution
24
from
each
such
donor
or
other
source
of
funding,
contributed
or
25
transferred
to
the
person
making
the
independent
expenditures
26
or
electioneering
communications
within
the
past
twelve
months
27
unless
any
of
the
following
apply:
28
(1)
The
contribution
or
transfer
of
funds
is
made
in
the
29
ordinary
course
of
business.
30
(2)
The
person
making
the
contribution
or
transfer
and
the
31
recipient
agree
in
writing
that
the
funds
will
not
be
used
for
32
independent
expenditures
or
electioneering
communications.
33
NEW
PARAGRAPH
.
i.
If
the
person
making
the
independent
34
expenditure
or
electioneering
communication
finances
the
35
-5-
LSB
6148XC
(7)
85
aw/sc
5/
10
S.F.
_____
expenditure
exclusively
from
funds
in
a
segregated
account,
1
the
name
and
address
of
every
donor
or
other
source
of
funding
2
in
excess
of
twenty-five
dollars,
and
the
amount
of
each
3
contribution
from
each
such
donor,
or
other
source
of
funding
4
contributed
or
transferred
to
that
segregated
account,
within
5
the
past
twelve
months,
but
not
those
of
donors
or
sources
of
6
funds
outside
of
that
segregated
account.
7
NEW
PARAGRAPH
.
j.
If
the
person
making
the
independent
8
expenditure
or
electioneering
communication
received
a
9
contribution
or
transfer
of
funds
in
excess
of
seven
hundred
10
fifty
dollars
from
another
person,
other
than
an
individual,
11
the
person
making
the
expenditure
or
communication
must
12
disclose
the
identity
of
the
contributing
person,
the
amount
13
received
from
the
contributing
person,
and
the
name,
address,
14
and
dollar
amount
of
donations
of
the
five
donors,
if
any,
15
who
have
contributed
the
largest
amounts
of
money
to
the
16
person
making
the
independent
expenditure
or
electioneering
17
communication
in
the
twelve
months
prior
to
the
expenditure
or
18
communication
being
made,
unless
any
of
the
following
apply
for
19
any
of
such
five
donors:
20
(1)
The
contribution
or
transfer
of
funds
is
made
in
the
21
ordinary
course
of
business.
22
(2)
The
person
making
the
contribution
or
transfer
and
the
23
recipient
agree
in
writing
that
the
funds
will
not
be
used
for
24
independent
expenditures
or
electioneering
communications.
25
Sec.
10.
Section
68A.404,
subsections
6,
7,
and
8,
Code
26
2014,
are
amended
to
read
as
follows:
27
6.
Any
person
making
an
independent
expenditure
or
28
electioneering
communication
shall
comply
with
the
attribution
29
requirements
of
section
68A.405
.
30
7.
A
person
making
an
independent
expenditure
or
31
electioneering
communication
shall
not
engage
or
retain
an
32
advertising
firm
or
consultant
that
has
also
been
engaged
33
or
retained
within
the
prior
six
months
by
the
candidate,
34
candidate’s
committee,
or
ballot
issue
committee
that
is
35
-6-
LSB
6148XC
(7)
85
aw/sc
6/
10
S.F.
_____
benefited
by
the
independent
expenditure
or
electioneering
1
communication
.
2
8.
a.
The
board
shall
develop,
prescribe,
furnish,
3
and
distribute
forms
for
the
independent
expenditure
and
4
electioneering
communication
statements
required
by
this
5
section
.
6
b.
The
board
shall
adopt
rules
pursuant
to
chapter
17A
for
7
the
implementation
of
this
section
.
8
Sec.
11.
Section
68A.404,
Code
2014,
is
amended
by
adding
9
the
following
new
subsections:
10
NEW
SUBSECTION
.
7A.
A
person,
other
than
an
individual,
who
11
makes
one
or
more
independent
expenditures
or
electioneering
12
communications
and
files
all
statements
required
by
this
13
section
shall
not
be
required
to
organize
a
committee
or
file
14
the
statement
of
organization
required
under
section
68A.201.
15
NEW
SUBSECTION
.
7B.
a.
This
section
does
not
apply
to
a
16
candidate,
committee,
state
statutory
political
committee,
or
17
county
statutory
political
committee.
18
b.
This
section
does
not
apply
to
a
federal
committee
or
an
19
out-of-state
committee
that
makes
an
independent
expenditure
or
20
electioneering
communication.
21
Sec.
12.
Section
68A.405,
subsection
1,
paragraph
h,
Code
22
2014,
is
amended
to
read
as
follows:
23
h.
If
the
published
material
is
the
result
of
an
independent
24
expenditure
or
electioneering
communication
subject
to
section
25
68A.404
,
the
published
material
shall
include
a
statement
that
26
the
published
material
was
not
authorized
by
any
candidate,
27
candidate’s
committee,
state
statutory
political
committee,
28
county
statutory
political
committee,
or
ballot
issue
29
committee.
30
Sec.
13.
NEW
SECTION
.
68A.507
Concealment
and
31
misrepresentation.
32
1.
A
person
shall
not
make
a
contribution
or
transfer
33
through
an
agent
or
intermediary
for
the
purposes
of
34
misrepresenting
the
source
of
such
contribution
or
transfer.
35
-7-
LSB
6148XC
(7)
85
aw/sc
7/
10
S.F.
_____
2.
A
person
shall
not
solicit
another
person
to
make
a
1
contribution
or
transfer
on
behalf
of
the
soliciting
person
for
2
the
purposes
of
misrepresenting
the
source
of
such
contribution
3
or
transfer.
4
Sec.
14.
NEW
SECTION
.
68A.801
Severability.
5
If
any
provision
of
this
chapter,
or
the
application
of
this
6
chapter
to
any
person
or
circumstance,
is
held
invalid,
such
7
holding
shall
not
affect
the
provisions
or
applications
of
this
8
chapter
which
can
be
given
effect
without
the
invalid
provision
9
or
application,
and
to
that
end
the
provisions
of
this
chapter
10
are
severable.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
relates
to
campaign
finance
laws
under
Code
15
chapter
68A.
16
Current
Code
section
68A.404
regulates
independent
17
expenditures,
which
are
defined
as
one
or
more
expenditures
18
in
excess
of
$750
in
the
aggregate
for
a
communication
that
19
expressly
advocates
the
nomination,
election,
or
defeat
of
20
a
clearly
identified
candidate
or
the
passage
or
defeat
of
21
a
ballot
issue
that
is
made
without
the
prior
approval
or
22
coordination
with
a
candidate,
candidate’s
committee,
or
a
23
ballot
issue
committee.
Code
section
68A.404
provides
that
an
24
entity,
other
than
an
individual,
may
not
make
an
independent
25
expenditure
without
prior
authorization
of
its
board
of
26
directors
or
similar
organizational
leadership
body
and
27
requires
that
a
person
making
an
independent
expenditure
file
a
28
statement
in
electronic
format
with
the
board
within
48
hours
29
of
making
the
expenditure
or
disseminating
a
communication,
30
whichever
is
earlier
disclosing
information
specified
in
31
statute.
The
board
is
required
to
immediately
make
the
32
statement
available
for
public
viewing.
A
person
making
an
33
independent
expenditure
is
also
required
to
file
disclosure
34
reports
required
for
certain
organized
committees
engaging
in
35
-8-
LSB
6148XC
(7)
85
aw/sc
8/
10
S.F.
_____
political
activity.
1
The
bill
changes
“entity”
to
the
defined
term
“person”
for
2
purposes
of
Code
section
68A.404.
3
The
bill
provides
that
electioneering
communications
shall
4
be
regulated
by
the
Iowa
ethics
and
campaign
finance
disclosure
5
board
in
the
same
manner
as
independent
expenditures.
6
The
bill
defines
“electioneering
communication”
as
one
7
or
more
expenditures
in
excess
of
$750
in
the
aggregate
8
for
a
communication
that
clearly
identifies
a
candidate
9
for
elective
office,
but
does
not
expressly
advocate
the
10
nomination,
election
or
defeat
of
the
candidate
that
is
11
disseminated,
broadcast,
or
otherwise
published
within
60
days
12
of
the
election,
that
is
made
without
the
prior
approval
or
13
coordination
with
a
candidate,
candidate’s
committee,
or
a
14
ballot
issue
committee,
and
is
intended
to
be
received
by
a
15
certain
size
audience,
as
specified
in
the
bill.
16
The
bill
provides
that
a
person
who
makes
independent
17
expenditures
or
electioneering
communications
and
files
all
18
required
statements
is
not
required
to
organize
a
committee
or
19
file
a
statement
of
organization.
20
The
bill
provides
that,
for
purposes
of
expenditure
21
or
communication
disclosure
statements,
a
person
or
an
22
entity
can
reasonably
expect
that
certain
contributions
or
23
transfers
of
funds
will
be
used
for
independent
expenditures
24
or
electioneering
communications,
unless
certain
conditions
25
specified
in
the
bill
apply.
26
The
bill
strikes
current
Code
language
requiring
the
filing
27
of
committee
disclosure
reports
by
persons
making
independent
28
expenditures
and
requires
only
the
filing
of
independent
29
expenditure
statements
or
electioneering
communications
30
statements
required
by
Code
section
68A.404.
31
The
bill
amends
the
disclosure
statement
requirements
in
32
Code
section
68A.404
to
require
disclosure
of
the
name
and
33
address
and
amount
given
of
every
donor
or
other
source
of
34
funding
in
excess
of
$25
received
by
the
person
making
the
35
-9-
LSB
6148XC
(7)
85
aw/sc
9/
10
S.F.
_____
independent
expenditure
or
electioneering
communication.
If
1
the
person
making
the
independent
expenditure
or
electioneering
2
communication
uses
funds
exclusively
allocated
from
a
3
segregated
account,
the
person
need
only
disclose
donors
to
4
that
segregated
bank
account.
The
statute
currently
only
5
requires
disclosure
of
donors
if
the
donations
were
given
for
6
the
purpose
of
furthering
the
independent
expenditure.
7
The
bill
requires
that
if
a
person
making
an
independent
8
expenditure
or
electioneering
communication
receives
a
9
contribution
in
excess
of
$750
from
another
person,
the
person
10
making
the
expenditure
or
communication
must
disclose
on
the
11
statement
the
name,
address,
and
the
dollar
amount
of
donations
12
of
the
five
donors,
if
any,
who
have
contributed
the
largest
13
amounts
of
money
in
the
12
months
prior
to
the
expenditure
or
14
communication
being
made.
15
The
bill
enacts
new
Code
section
68A.507,
which
prohibits
16
a
person
from
making
a
contribution
or
transfer
through
an
17
agent
or
intermediary
for
the
purposes
of
misrepresenting
18
the
source
of
such
contribution
or
transfer.
The
bill
also
19
prohibits
a
person
from
soliciting
another
person
to
make
such
20
contributions
or
transfers.
21
The
bill
further
establishes
a
severability
clause
for
Code
22
chapter
68A,
providing
that
if
any
provision
or
application
of
23
Code
chapter
68A
is
held
invalid,
that
such
holding
shall
not
24
affect
the
provisions
or
applications
that
can
be
given
effect
25
without
the
invalid
provision
or
application.
26
Under
current
law,
a
violation
of
a
provision
of
Code
chapter
27
68A
is
considered
a
serious
misdemeanor.
A
serious
misdemeanor
28
is
punishable
by
confinement
for
no
more
than
one
year
and
a
29
fine
of
at
least
$315
but
not
more
than
$1,875.
30
-10-
LSB
6148XC
(7)
85
aw/sc
10/
10