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House Amendment 5258

Amendment Text

PAG LIN
  1  1    Amend House File 2449 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:
  1  4    "Section 1.  Section 56.2. Code Supplement 1995, is
  1  5 amended by adding the following new subsections:
  1  6    NEW SUBSECTION.  12A.  "Election" means the process
  1  7 by which individuals, whether opposed or unopposed,
  1  8 seek nomination for election to office, as well as
  1  9 confirmation to serve in office by the casting of
  1 10 ballots by voters.
  1 11    NEW SUBSECTION.  12B.  a.  "Election campaign
  1 12 period" means the time period between any type of
  1 13 election for a particular office, commencing on the
  1 14 day following the previous election of any type for
  1 15 that office, and continuing through the day of the
  1 16 current type of election.
  1 17    b.  Election types subject to a campaign period
  1 18 definition include, but are not limited to, primary,
  1 19 general, special and runoff.  Nominations made
  1 20 pursuant to chapters 44, 45, and 46 also require
  1 21 calculation of a separate election campaign period.
  1 22    NEW SUBSECTION.  21.  "Statewide office" shall mean
  1 23 the office of any of the state officers that are
  1 24 listed in section 39.9.
  1 25    Sec. 2.  NEW SECTION.  56.5B  LIMITATIONS ON
  1 26 CONTRIBUTIONS.
  1 27    1.  A person shall not make contributions to a
  1 28 candidate or a candidate's committee that, for any
  1 29 election campaign period for that candidate, in the
  1 30 aggregate, exceed the following:
  1 31    a. One thousand dollars for a candidate for a
  1 32 statewide office.
  1 33    b. Five hundred dollars for a candidate for the
  1 34 general assembly.
  1 35    2.  A political committee shall not make
  1 36 contributions to a candidate or a candidate's
  1 37 committee that, for any election campaign period for
  1 38 that candidate, in the aggregate, exceed the
  1 39 following:
  1 40    a.  Five thousand dollars for a candidate for a
  1 41 statewide office.
  1 42    b.  One thousand dollars for a candidate for the
  1 43 general assembly.
  1 44    3.  A candidate or candidate's committee shall not
  1 45 knowingly accept any contribution in violation of this
  1 46 section.
  1 47    4.  This section shall not apply to candidates for
  1 48 the United States senate, house of representatives, or
  1 49 other federal office.
  1 50    5.  a.  For purposes of this section, "election
  2  1 campaign period" shall be construed to apply separate
  2  2 contribution limits for each type of election for a
  2  3 particular office.
  2  4    b.  An election in which a candidate is unopposed
  2  5 is a separate election for purposes of the limitations
  2  6 on contributions, whether or not the election is
  2  7 actually held.  If the election is not held, the date
  2  8 on which the election would have been held shall be
  2  9 considered to be the date of the election.
  2 10    c.  The director shall determine the relevant
  2 11 election campaign periods prior to the beginning of
  2 12 each calendar year.  The election campaign periods for
  2 13 all offices shall be published in the first edition of
  2 14 the Iowa administrative bulletin in each calendar
  2 15 year.
  2 16    Sec. 3.  Section 56.13, subsection 1, Code
  2 17 Supplement 1995, is amended to read as follows:
  2 18    1.  Action involving a contribution or expenditure
  2 19 which must be reported under this chapter and which is
  2 20 taken by any person, candidate's committee, or
  2 21 political committee on behalf of a candidate, if known
  2 22 and approved by the candidate, shall be deemed action
  2 23 by the candidate and reported by the candidate's
  2 24 committee.
  2 25    a.  It shall be presumed that a candidate approves
  2 26 the action if the candidate had knowledge of it and
  2 27 failed to file a statement of disavowal with the
  2 28 commissioner or board and take corrective action
  2 29 within seventy-two hours of the action.
  2 30    b.  An expenditure made on behalf of the candidate,
  2 31 and which is not disavowed by the candidate, shall be
  2 32 deemed a contribution to the candidate or candidate's
  2 33 committee, and is subject to the limitations and
  2 34 prohibitions in section 56.5B, as well as the
  2 35 disclosure requirements of section 56.6.
  2 36    c.  No expenditure by a candidate's committee can
  2 37 be disavowed by the candidate.
  2 38    d.  For purposes of this section, an expenditure or
  2 39 contribution shall be construed to have been taken on
  2 40 behalf of a candidate according to the following:
  2 41    (1)  A contribution or expenditure that conveys a
  2 42 message that is reasonably construed to advocate the
  2 43 election of a clearly identified candidate may be an
  2 44 action on behalf of that candidate, if it does not
  2 45 otherwise qualify as an independent expenditure under
  2 46 this section.
  2 47    (2)  A contribution or expenditure that conveys a
  2 48 message that is reasonably construed to advocate the
  2 49 defeat of a clearly identified candidate may be an
  2 50 action on behalf of that candidate's opponent, if it
  3  1 does not otherwise qualify as an independent
  3  2 expenditure under this section.
  3  3    1A.  a.  A person, candidate's committee, or
  3  4 political committee taking such action independently
  3  5 of that candidate's committee involving a contribution
  3  6 or expenditure that conveys a message that is
  3  7 reasonably construed to advocate the election or
  3  8 defeat of a clearly identified candidate shall notify
  3  9 that candidate's committee the following in writing
  3 10 within twenty-four hours of taking the action:
  3 11    (1)  The candidate's committee, if the contribution
  3 12 or expenditure may reasonably be construed to convey a
  3 13 message advocating the election of the candidate.
  3 14    (2)  The committee for the candidate's opponent, if
  3 15 the contribution or expenditure may reasonably be
  3 16 construed to advocate the defeat of the candidate.
  3 17    b.  The notification shall provide that candidate's
  3 18 committee with the cost of the promotion at fair
  3 19 market value.
  3 20    c.  A copy of the notification shall be sent to the
  3 21 board.
  3 22    1B.  Any person who makes expenditures or incurs
  3 23 indebtedness, other than incidental expenses incurred
  3 24 in performing volunteer work, in support or opposition
  3 25 of a candidate for public office shall notify the
  3 26 appropriate committee and provide necessary
  3 27 information for disclosure reports.
  3 28    1C.  For purposes of this section, action shall be
  3 29 construed to have been taken independently of a
  3 30 candidate's committee only if the action was not made
  3 31 with the cooperation of, with the prior consent of, in
  3 32 consultation with, or at the request or suggestion of
  3 33 any candidate, any candidate's committee, or other
  3 34 agent for the candidate.
  3 35    a.  For purposes of this section, an agent of the
  3 36 candidate is any person who has actual oral or written
  3 37 authority, either express or implied, to make or to
  3 38 authorize the making of expenditures on behalf of a
  3 39 candidate, or any person who has been placed in a
  3 40 position within the campaign organization where it
  3 41 would reasonably appear that in the ordinary course of
  3 42 campaign-related activities, that person may authorize
  3 43 activity on behalf of the candidate.
  3 44    b.  An action will be presumed to be made with the
  3 45 cooperation of, with the prior consent of, in
  3 46 consultation with, or at the request or suggestion of
  3 47 any candidate, any candidate's committee, or other
  3 48 agent for the candidate in the following situations:
  3 49    (1)  When the action is based on information about
  3 50 the candidate's plans, projects, or needs, which
  4  1 information is provided by the candidate, the
  4  2 candidate's committee, or other agent of the
  4  3 candidate.
  4  4    (2)  When the action involves any arrangement,
  4  5 coordination, or direction by the candidate, the
  4  6 candidate's committee, or other agent of the candidate
  4  7 prior to the action.
  4  8    (3)  When the action involves any participation by
  4  9 the candidate or any person who is or who has been an
  4 10 officer of the candidate's committee, or who is or has
  4 11 been receiving compensation or reimbursement from the
  4 12 candidate, the candidate's committee, or other agent
  4 13 of the candidate.
  4 14    1D.  Any expenditure which is part of action that
  4 15 is deemed not to have been taken independently of the
  4 16 candidate, candidate's committee, or other agent of
  4 17 the candidate shall be considered a contribution for
  4 18 the purpose of contribution limitations and
  4 19 prohibitions.  All reporting requirements shall apply
  4 20 to such contributions.
  4 21    1E.  No expenditure by a candidate's committee
  4 22 shall be construed to be an independent expenditure
  4 23 under this section.
  4 24    Sec. 4.  This Act takes effect January 1, 1997."
  4 25    #2.  Title page, line 3, by striking the words
  4 26 "employee and member contributions,".  
  4 27 
  4 28 
  4 29                              
  4 30 BERNAU of Story
  4 31 HF 2449.201 76
  4 32 jls/jj
     

Text: H05257                            Text: H05259
Text: H05200 - H05299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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