SSB 3188 (LSB 6179XC (21) 87)

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 held in trust by statewide elected officials, members of the general assembly, or local officials on certain forms of advertisement and imposing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  68A.405A  Advertising expenditures prior to elections prohibited.
   1.  For the purposes of this section:
   a.  “Designated communication” means a public advertisement or promotion delivered through a paid direct mailing, a paid radio communication, or a paid television communication funded in whole or in part with public moneys or moneys held in a private trust fund as defined by section 8.2, or a trust fund controlled by a political subdivision of the state, if such paid direct mailing, paid radio communication, or paid television communication bears the written name, likeness, or voice of a statewide elected official, a member of the general assembly, or a local official. “Designated communication” does not mean any of the following:
   (1)  A report, record, letter, memorandum, document, envelope, cover sheet, certificate, constituent correspondence, routine ministerial material, or ceremonial material bearing the name, official logo, or official letterhead of the office of a statewide elected official, a member of the general assembly, or local official, provided that such report, record, letter, memorandum, document, envelope, cover sheet, certificate, routine ministerial material, or ceremonial material is used or generated in the course of the statewide elected official’s, member of the general assembly’s, or local official’s duties.
   (2)  A depiction of the great seal of the state of Iowa through any medium when such depiction has been approved by the office of the governor.
   (3)  Official press releases or press advisories issued by the office of a statewide elected official, a member of the general assembly, or a local official in any form.
   (4)  A publication, literature, or other medium of communication designed to further the purposes of section 29C.3.
   (5)  A payment made by the office of a statewide elected official, the general assembly, or a local official to the management of a fair in order to reserve a physical floor space at a fairground or grounds as defined by section 174.1 for use by the statewide elected official, the general assembly, or the local official for a booth or display at a fair event as defined in section 174.1.
   b.  “Designated exhibit expenditure” means a billboard, placard, banner, table skirt, sign, display, or other physical structure in excess of one hundred fifty square inches funded in whole or in part with public moneys or moneys held in a private trust fund as defined in section 8.2, or a trust fund controlled by a political subdivision of the state, and placed or displayed within or upon a defined physical booth space located at a fairground or grounds as defined in section 174.1 bearing the written name, likeness, or voice of a statewide elected official, a member of the general assembly, or a local official. “Designated exhibit expenditure” does not mean any of the following:
   (1)  A report, record, letter, memorandum, document, envelope, cover sheet, certificate, constituent correspondence, routine ministerial material, or ceremonial material bearing the name, official logo, or official letterhead of the office of a statewide elected official, a member of the general assembly, or local official, provided that such report, record, letter, memorandum, document, envelope, cover sheet, certificate, routine ministerial material, or ceremonial material is used or generated in the course of the statewide elected official’s, member of the general assembly’s, or local official’s duties.
   (2)  A depiction of the great seal of the state of Iowa through any medium when such depiction has been approved by the office of the governor.
   (3)  Official press releases or press advisories issued by the office of a statewide elected official, a member of the general assembly, or a local official in any form.
   (4)  A publication, literature, or other medium of communication designed to further the purposes of section 29C.3.
   (5)  A payment made by the office of a statewide elected official, the general assembly, or a local official to the management of a fair in order to reserve a physical floor space at a fairground or grounds as defined by section 174.1 for use by the statewide elected official, the general assembly, or the local official for a booth or display at a fair event as defined in section 174.1.
   c.  “Local official” means the same as defined in section 68B.2.
   d.  “Statewide elected official” means the same as defined in section 68B.2.
   2.  A statewide elected official, a member of the general assembly, or a local official shall not make or authorize a designated communication or designated exhibit expenditure to be made within thirty days before a general election.
   3.  A statewide elected official, member of the general assembly, or local official who makes or authorizes a designated communication or designated exhibit expenditure to be made more than thirty days before a general election shall clearly affix to the designated communication or designated exhibit expenditure an attribution statement disclosing the source of the public moneys or moneys held in trust used to pay for the designated communication or designated exhibit expenditure. An attribution statement is not required to be affixed to a designated communication or designated exhibit expenditure made using a medium substantially similar to those listed in section 68A.405, subsection 2.
   4.  An attribution statement required by subsection 3 shall be displayed or transmitted as follows:
   a.  For a designated communication in the form of a paid direct mailing, the attribution statement shall be printed on the paid direct mailing and shall include the words “paid for by” followed by the exact source of the public moneys or moneys held in trust so used to pay for the designated communication in question.
   b.  For a designated communication in the form of a paid radio communication, the attribution statement shall be stated clearly and in an understandable manner easily ascertainable by the listener of such paid radio communication and shall include the words “paid for by” followed by the exact source of the public moneys or moneys held in trust so used to pay for the designated communication.
   c.  For a designated communication in the form of a paid television communication, the attribution statement shall include the words “paid for by” followed by the exact source of the public moneys or moneys held in trust so used to pay for the designated communication. Such attribution statement shall be displayed on the screen in a clearly readable manner for at least four seconds.
   d.  For a designated exhibit expenditure requiring an attribution statement, the attribution statement shall be printed on the billboard, placard, banner, table skirt, sign, display, or other physical structure and shall include the words “paid for by” followed by the exact source of the public moneys or moneys held in trust so used to pay for the designated exhibit expenditure.
   5.  A person who willfully violates this section shall be subject to a civil penalty of an amount up to the amount of moneys withdrawn from a public account, private trust fund as defined in section 8.2, or trust fund controlled by a political subdivision of the state used to fund the designated communication or designated exhibit expenditure found to be in violation of this section by the board. Such penalty shall be determined and assessed by the board and paid into the account from which such moneys were withdrawn. Additional criminal or civil penalties available under section 68A.701 or established by the board pursuant to section 68B.32A may also be determined and assessed by the board for violations of this section.
   6.  This section shall not apply to any physically printed or electronically printed, published, or disseminated materials or literature generated by a statewide elected official, member of the general assembly, or local official prior to the effective date of this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits a statewide elected official, defined as the governor, lieutenant governor, secretary of state, treasurer of state, auditor of state, attorney general, or secretary of agriculture; member of the general assembly; or local official from expending public moneys or moneys held in a trust controlled by the state or a political subdivision on designated communications or designated exhibit expenditures within 30 days before a general election. The bill defines designated communication as a public advertisement or promotion delivered through a paid direct mailing, a paid radio communication, or a paid television communication if such advertisement or promotion bears the written name, likeness, or voice of a statewide elected official, member of the general assembly, or local official. The bill defines designated exhibit expenditure as a billboard, placard, banner, table skirt, sign, display, or other physical structure in excess of 150 square inches placed or displayed within or upon a defined physical booth space located at a fairground or grounds as defined in Code section 174.1 bearing the written name, likeness, or voice of a statewide elected official, member of the general assembly, or local official.
   The bill excludes from the definitions of designated communication and designated exhibit expenditure all of the following: a report, record, letter, memorandum, document, envelope, cover sheet, certificate, constituent correspondence, routine ministerial material, or ceremonial material bearing the name, official logo, or official letterhead of the office of a statewide elected official, a member of the general assembly, or local official, provided that such report, record, letter, memorandum, document, envelope, cover sheet, certificate, routine ministerial material, or ceremonial material is used or generated in the course of the statewide elected official’s, member of the general assembly’s, or local official’s duties; a depiction of the great seal of the state of Iowa through any medium when such depiction has been approved by the office of the governor; official press releases or press advisories issued by the office of a statewide elected official, a member of the general assembly, or a local official in any form; a publication, literature, or other medium of communication related to a proclamation of a state of public disorder by the governor; and a payment made by the office of a statewide elected official, the general assembly, or a local official to the management of a fair in order to reserve a physical floor space at a fairground or grounds for use by the statewide elected official, the general assembly, or the local official for a booth or display at a fair event.
   The bill requires any designated communication or designated exhibit expenditure made more than 30 days before a general election to include an attribution statement disclosing the source of the moneys used to pay for the designated communication or designated exhibit expenditure, unless the designated communication or designated exhibit expenditure uses a medium substantially similar to those found in Code section 68A.405.
   A person who willfully violates the bill shall be subject to a civil penalty of an amount up to the amount of moneys withdrawn from a public account, private trust fund as defined in Code section 8.2, or trust fund controlled by a political subdivision of the state used to fund the designated communication or designated exhibit expenditure as found by the board. Such penalty shall be determined and assessed by the board and paid into the account from which such moneys were withdrawn. Any additional criminal or civil penalties available under Code section 68A.701 or established by the board pursuant to Code section 68B.32A may also be determined and assessed by the board for violations of the bill.
   The bill does not apply to any physically printed or electronically printed, published, or disseminated materials or literature generated by a statewide elected official, member of the general assembly, or local official prior to the effective date of the bill.