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House File 437

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 56.2, Code 1995, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  5A.  "Commissioner" means the county
  1  4 auditor of each county, who is designated as the county
  1  5 commissioner of elections pursuant to section 47.2.
  1  6    Sec. 2.  Section 56.2, subsection 15, Code 1995, is amended
  1  7 to read as follows:
  1  8    15.  "Political committee" means a committee, but not a
  1  9 candidate's committee, which accepts contributions in excess
  1 10 of two hundred fifty dollars in the aggregate, makes
  1 11 expenditures in excess of two hundred fifty dollars in the
  1 12 aggregate, or incurs indebtedness in excess of two hundred
  1 13 fifty dollars in the aggregate in any one calendar year for
  1 14 the purpose of supporting or opposing a candidate for public
  1 15 office or which accepts contributions in excess of five
  1 16 hundred dollars in the aggregate, makes expenditures in excess
  1 17 of five hundred dollars in the aggregate, or incurs
  1 18 indebtedness in excess of five hundred dollars in the
  1 19 aggregate in any one calendar year for the purpose of
  1 20 supporting or opposing a candidate for public office, or for
  1 21 the purpose of supporting or opposing a ballot issue;
  1 22 "political committee" also means an association, lodge,
  1 23 society, cooperative, union, fraternity, sorority, educational
  1 24 institution, civic organization, labor organization, religious
  1 25 organization, or professional organization which makes
  1 26 contributions in the aggregate of more than two hundred fifty
  1 27 dollars in any one calendar year for the purpose of supporting
  1 28 or opposing a candidate for public office or which accepts
  1 29 contributions in excess of five hundred dollars in the
  1 30 aggregate, makes expenditures in excess of five hundred
  1 31 dollars in the aggregate, or incurs indebtedness in excess of
  1 32 five hundred dollars in the aggregate in any one calendar year
  1 33 for the purpose of supporting or opposing a candidate for
  1 34 public office, or for the purpose of supporting or opposing a
  1 35 ballot issue.  "Political committee" also includes a committee
  2  1 which accepts contributions in excess of two five hundred
  2  2 fifty dollars in the aggregate, makes expenditures in excess
  2  3 of two five hundred fifty dollars in the aggregate, or incurs
  2  4 indebtedness in excess of two five hundred fifty dollars in
  2  5 the aggregate in a calendar year to cause the publication or
  2  6 broadcasting of material in which the public policy positions
  2  7 or voting record of an identifiable candidate is discussed and
  2  8 in which a reasonable person could find commentary favorable
  2  9 or unfavorable to those public policy positions or voting
  2 10 record.
  2 11    Sec. 3.  Section 56.3, subsections 1, 2, and 4, Code 1995,
  2 12 are amended to read as follows:
  2 13    1.  Every candidate's committee shall appoint a treasurer
  2 14 who shall be an Iowa resident who has reached the age of
  2 15 majority.  Every political committee shall appoint both a
  2 16 treasurer and a chairperson, each of whom shall have reached
  2 17 the age of majority.  Every candidate's committee shall
  2 18 maintain all of the committee's funds in bank accounts in a
  2 19 financial institution located in Iowa.  Every political
  2 20 committee shall either have an Iowa resident as treasurer or
  2 21 maintain all of the committee's funds in bank accounts in a
  2 22 financial institution located in Iowa.  An expenditure shall
  2 23 not be made by the treasurer or treasurer's designee for or on
  2 24 behalf of a committee without the approval of the chairperson
  2 25 of the committee, or the candidate.  Expenditures shall be
  2 26 remitted to the designated recipient within fifteen days of
  2 27 the date of the issuance of the payment.
  2 28    2.  An individual who receives contributions for a
  2 29 committee without the prior authorization of the chairperson
  2 30 of the committee or the candidate shall be responsible for
  2 31 either rendering the contributions to the treasurer within
  2 32 fifteen days of the date of receipt of the contributions, or
  2 33 depositing the contributions in the account maintained by the
  2 34 committee within seven days of the date of receipt of the
  2 35 contributions.  A person who receives contributions for a
  3  1 committee shall, not later than fifteen days from the date of
  3  2 receipt of the contributions or on demand of the treasurer,
  3  3 render to the treasurer the contributions and an account of
  3  4 the total of all contributions, including the name and address
  3  5 of each person making a contribution in excess of ten dollars,
  3  6 the amount of the contributions, and the date on which the
  3  7 contributions were received.  The treasurer shall deposit all
  3  8 contributions within seven days of receipt by the treasurer in
  3  9 an account maintained by the committee in a financial
  3 10 institution located in Iowa.  All funds of a committee shall
  3 11 be segregated from any other funds held by officers, members,
  3 12 or associates of the committee or the committee's candidate.
  3 13 However, if a candidate's committee receives contributions
  3 14 only from the candidate, or if a permanent organization
  3 15 temporarily engages in activity which qualifies it as a
  3 16 political committee and all expenditures of the organization
  3 17 are made from existing general operating funds and funds are
  3 18 not solicited or received for this purpose from sources other
  3 19 than operating funds, then that committee is not required to
  3 20 maintain a separate account in a financial institution.  The
  3 21 funds of a committee are not attachable for the personal debt
  3 22 of the committee's candidate or an officer, member, or
  3 23 associate of the committee.
  3 24    4.  The treasurer and candidate in the case of a
  3 25 candidate's committee, and the treasurer and chairperson in
  3 26 the case of a political committee, shall preserve all records
  3 27 required to be kept by this section for a period of three five
  3 28 years.  However, a committee is not required to preserve any
  3 29 records for more than three years from the date of the
  3 30 election in which the committee is involved, or the certified
  3 31 date of dissolution of the committee, whichever is applicable.
  3 32 For purposes of this section, the five-year period shall
  3 33 commence with the due date of the disclosure report covering
  3 34 the activity documented in the records.
  3 35    Sec. 4.  Section 56.4, Code 1995, is amended to read as
  4  1 follows:
  4  2    56.4  REPORTS FILED WITH BOARD OR COMMISSIONER.
  4  3    All statements and reports required to be filed under this
  4  4 chapter for a state office shall be filed with the board.  All
  4  5 statements and reports required to be filed under this chapter
  4  6 for a county, city, or school office shall be filed with the
  4  7 commissioner.  Statements and reports on a ballot issue shall
  4  8 be filed with the commissioner responsible under section 47.2
  4  9 for conducting the election at which the issue is voted upon,
  4 10 except that statements and reports on a statewide ballot issue
  4 11 shall be filed with the board.  Copies of any reports filed
  4 12 with a commissioner shall be provided by the commissioner to
  4 13 the board on its request.  State statutory political
  4 14 committees shall file all statements and reports with the
  4 15 board.  All other statutory political committees shall file
  4 16 the statements and reports with the commissioner with a copy
  4 17 sent to the board.  The board shall retain statements and
  4 18 reports filed with the board for at least five years from the
  4 19 date of the election in which the committee is involved, or at
  4 20 least five years from the certified date of dissolution of the
  4 21 committee, whichever date is later.  The commissioner shall
  4 22 retain statements and reports filed with the commissioner for
  4 23 at least three years from the date of the election in which
  4 24 the committee is involved, or at least three years from the
  4 25 certified date of dissolution of the committee, whichever date
  4 26 is later.
  4 27    Political committees supporting or opposing candidates for
  4 28 both federal office and any elected office created by law or
  4 29 the Constitution of the state of Iowa shall file statements
  4 30 and reports with the board in addition to any federal reports
  4 31 required to be filed with the secretary of state board.
  4 32 However, a political committee which is registered and filing
  4 33 full disclosure reports of all financial activities with the
  4 34 federal election commission may file verified statements as
  4 35 provided in section 56.5.
  5  1    Political committees supporting or opposing candidates or
  5  2 ballot issues for statewide elections and for county,
  5  3 municipal or school elections may file all activity on one
  5  4 report with the board and shall send a copy to the
  5  5 commissioner responsible under section 47.2 for conducting the
  5  6 election.
  5  7    Sec. 5.  Section 56.5, subsection 1, Code 1995, is amended
  5  8 to read as follows:
  5  9    1.  Every committee, as defined in this chapter, shall file
  5 10 a statement of organization within ten days from the date of
  5 11 its organization.  Unless formal organization has previously
  5 12 occurred, a committee is deemed to have organized as of the
  5 13 date that committee transactions exceed the financial activity
  5 14 threshold established in section 56.2, subsection 5 or 15.
  5 15    Sec. 6.  Section 56.5, subsection 2, paragraph a, Code
  5 16 1995, is amended to read as follows:
  5 17    a.  The name, purpose, mailing address and telephone number
  5 18 of the committee.  The committee name shall not duplicate the
  5 19 name of another committee organized under this section.  For
  5 20 candidate's committees filing initial statements of
  5 21 organization on or after July 1, 1995, the candidate's name
  5 22 shall be contained within the committee name.
  5 23    Sec. 7.  Section 56.5, subsection 5, Code 1995, is amended
  5 24 to read as follows:
  5 25    5.  A committee or organization not domiciled in Iowa
  5 26 organized as a committee under this section which makes a
  5 27 contribution to a candidate's committee or political committee
  5 28 domiciled organized in Iowa shall disclose each contribution
  5 29 to the board.  A committee or organization not domiciled in
  5 30 Iowa organized as a committee under this section which is not
  5 31 registered and filing full disclosure reports of all financial
  5 32 activities with the federal election commission or another
  5 33 state's disclosure commission shall register and file full
  5 34 disclosure reports with the board pursuant to this chapter,
  5 35 and shall either appoint an eligible Iowa elector as committee
  6  1 or organization treasurer, and or shall maintain all committee
  6  2 funds in an account in a financial institution located in
  6  3 Iowa.  A committee which is currently filing a disclosure
  6  4 report in another jurisdiction shall either file a statement
  6  5 of organization under subsections 1 and 2 and file disclosure
  6  6 reports, the same as those required of Iowa-domiciled
  6  7 committees organized only in Iowa, under section 56.6, or
  6  8 shall file one copy of a verified statement with the board and
  6  9 a second copy with the treasurer of the committee receiving
  6 10 the contribution.  The form shall be completed and filed at
  6 11 the time the contribution is made.  The verified statement
  6 12 shall be on forms prescribed by the board and shall attest
  6 13 that the committee is filing reports with the federal election
  6 14 commission or in a jurisdiction with reporting requirements
  6 15 which are substantially similar to those of this chapter, and
  6 16 that the contribution is made from an account which does not
  6 17 accept contributions which would be in violation of section
  6 18 56.15.  The form shall include the complete name, address, and
  6 19 telephone number of the contributing committee, the state or
  6 20 federal jurisdiction under which it is registered or operates,
  6 21 the identification of any parent entity or other affiliates or
  6 22 sponsors, its purpose, the name, address, and signature of an
  6 23 Iowa resident authorized to receive service of original notice
  6 24 and the name and address of the receiving committee, the
  6 25 amount of the cash or in-kind contribution, and the date the
  6 26 contribution was made.
  6 27    Sec. 8.  Section 56.5A, Code 1995, is amended to read as
  6 28 follows:
  6 29    56.5A  CANDIDATE'S COMMITTEE.
  6 30    Each candidate for state, county, city, or school office
  6 31 shall organize one, and only one, candidate's committee for a
  6 32 specific office sought when the candidate receives
  6 33 contributions in excess of five hundred dollars in the
  6 34 aggregate, makes expenditures in excess of five hundred
  6 35 dollars in the aggregate, or incurs indebtedness in excess of
  7  1 five hundred dollars in the aggregate in a calendar year.  A
  7  2 political committee shall not be established to support or
  7  3 oppose only one candidate for office, except that a political
  7  4 committee may be established to support or oppose approval of
  7  5 a single judge standing for retention.
  7  6    Sec. 9.  Section 56.6, subsection 1, paragraphs a and d,
  7  7 Code 1995, are amended to read as follows:
  7  8    a.  Each treasurer of a committee shall file with the board
  7  9 or commissioner disclosure reports of contributions received
  7 10 and disbursed on forms prescribed by rules as provided by
  7 11 chapter 17A.  The reports from all committees, except those
  7 12 committees for municipal and school elective offices and for
  7 13 local ballot issues, shall be filed on the twentieth
  7 14 nineteenth day or mailed bearing a United States postal
  7 15 service postmark dated on or before the nineteenth day of
  7 16 January, May, July, and October of each year.  The May, July,
  7 17 and October reports shall be current as of five days prior to
  7 18 the filing deadline.  The January report shall be the annual
  7 19 report covering activity through December 31.  However, a
  7 20 state, or county, or city statutory political committee is not
  7 21 required to file the May and July reports for a year in which
  7 22 no primary or general election is held at the respective
  7 23 state, county, or city level.  A candidate's committee, other
  7 24 than for municipal and school elective offices, for a year in
  7 25 which the candidate is not standing for election, is not
  7 26 required to file the May, July, and October reports.  Reports
  7 27 for committees for a ballot issue placed before the voters of
  7 28 the entire state shall be filed at the January, May, July, and
  7 29 October deadlines.
  7 30    d.  Committees for municipal and school elective offices
  7 31 and local ballot issues shall file their first reports five
  7 32 days prior to any election in which the name of the candidate
  7 33 or the local ballot issue which they support or oppose appears
  7 34 on the printed ballot and shall file their next report on the
  7 35 first day of the month following the final election in a
  8  1 calendar year in which the candidate's name or the ballot
  8  2 issue appears on the ballot.  A committee supporting or
  8  3 opposing a candidate for a municipal or school elective office
  8  4 or a local ballot issue shall also file disclosure reports on
  8  5 the twentieth nineteenth day of January and October of each
  8  6 year in which the candidate or ballot issue does not appear on
  8  7 the ballot and on the twentieth nineteenth day of January,
  8  8 May, and July of each year in which the candidate or ballot
  8  9 issue appears on the ballot, until the committee dissolves.
  8 10 These reports shall be current to five days prior to the
  8 11 filing deadline and are considered timely filed if mailed
  8 12 bearing a United States postal service postmark one or more
  8 13 calendar days preceding on or before the due date.
  8 14    Sec. 10.  Section 56.6, subsections 4 and 5, Code 1995, are
  8 15 amended to read as follows:
  8 16    4.  If the report is the first report filed by the
  8 17 committee, the report shall include all information required
  8 18 under subsection 3 covering the period from the beginning of
  8 19 the committee's financial activity, even if from a different
  8 20 calendar year, through the end of the current reporting
  8 21 period.  If no contributions have been accepted nor any
  8 22 disbursements made or indebtedness incurred during that
  8 23 reporting period, the treasurer of the committee shall file a
  8 24 disclosure statement which shows only the amount of cash on
  8 25 hand at the beginning of the reporting period.
  8 26    5.  A committee shall not dissolve until all loans, debts
  8 27 and obligations are paid, forgiven, or transferred and the
  8 28 remaining money in the account is distributed according to the
  8 29 organization statement.  If a loan is transferred or forgiven,
  8 30 the amount of the transferred or forgiven loan must be
  8 31 reported as an in-kind contribution and deducted from the
  8 32 loans payable balance on the disclosure form.  If, upon review
  8 33 of a committee's statement of dissolution and final report,
  8 34 the board determines that the requirements for dissolution
  8 35 have been satisfied, the dissolution shall be certified and
  9  1 the committee relieved of further filing requirements.
  9  2    PARAGRAPH DIVIDED.  A statutory political committee is
  9  3 prohibited from dissolving, but may be placed in an inactive
  9  4 status upon the approval of the board.  Inactive status may be
  9  5 requested for a statutory political committee when no officers
  9  6 exist and the statutory political committee has ceased to
  9  7 function.  The request shall be made by the previous treasurer
  9  8 or chairperson of the committee and by the appropriate state
  9  9 statutory political committee.  A statutory political
  9 10 committee granted inactive status shall not solicit or expend
  9 11 funds in its name until the committee reorganizes and fulfills
  9 12 the requirements of a political committee under this chapter.
  9 13    Sec. 11.  Section 56.12, unnumbered paragraph 1, Code 1995,
  9 14 is amended to read as follows:
  9 15    A person shall not make a contribution or expenditure in
  9 16 the name of another person, and a person shall not knowingly
  9 17 accept a contribution or expenditure made by one person in the
  9 18 name of another.  For the purpose of this section, a
  9 19 contribution or expenditure made by one person which is
  9 20 ultimately reimbursed by another person who has not been
  9 21 identified as the ultimate source or recipient of the funds is
  9 22 considered to be an illegal contribution or expenditure in the
  9 23 name of another.
  9 24    Sec. 12.  Section 56.13, subsection 2, Code 1995, is
  9 25 amended to read as follows:
  9 26    2.  If a person, other than a political committee, makes
  9 27 one or more expenditures in excess of five hundred dollars in
  9 28 the aggregate, or incurs indebtedness in excess of five
  9 29 hundred dollars in the aggregate, in any one calendar year for
  9 30 purposes of supporting or opposing a ballot issue, the person
  9 31 shall file a statement of activity within ten days of taking
  9 32 the action exceeding the threshold.  The statement shall
  9 33 contain information identifying the person filing the
  9 34 statement, identifying the ballot issue, and indicating the
  9 35 position urged by the person with regard to the ballot issue.
 10  1 The person shall file reports indicating the dates on which
 10  2 the expenditures or incurrence of indebtedness took place; a
 10  3 description of the nature of the action taken which resulted
 10  4 in the expenditures or debt; and the cost of the promotion at
 10  5 fair market value.  For a local ballot issue, the reports
 10  6 shall be filed five days prior to any election in which the
 10  7 ballot issue appears and on the first day of the month
 10  8 following the election, as well as on the twentieth nineteenth
 10  9 day of January, May, and July of each year in which the ballot
 10 10 issue appears on the ballot and on the twentieth nineteenth
 10 11 day of January and October of each year in which the ballot
 10 12 issue does not appear on the ballot.  For a statewide ballot
 10 13 issue, reports shall be filed on the twentieth nineteenth day
 10 14 of January, May, and July of each year.  The reports shall be
 10 15 current to five days prior to the filing deadline, and are
 10 16 considered timely filed if mailed bearing a United States
 10 17 postal service postmark on or before the due date.  Filing
 10 18 obligations shall cease when the person files a statement of
 10 19 discontinuation indicating that the person's financial
 10 20 activity in support of or in opposition to the ballot issue
 10 21 has ceased.  Statements and reports shall be filed with the
 10 22 commissioner responsible under section 47.2 for conducting the
 10 23 election at which the issue is voted upon, except that reports
 10 24 on a statewide ballot issue shall be filed with the board.
 10 25    Sec. 13.  Section 56.14, Code 1995, is amended to read as
 10 26 follows:
 10 27    56.14  POLITICAL ADVERTISEMENTS MATERIAL &endash; SOLICITATIONS
 10 28 &endash; YARD SIGNS.
 10 29    1.  A person who causes the publication or distribution of
 10 30 published material designed to promote or defeat the
 10 31 nomination or election of a candidate for public office or the
 10 32 passage of a constitutional amendment or public measure shall
 10 33 include conspicuously on the published material the identity
 10 34 and address of the person responsible for the material.  If
 10 35 the person responsible is an organization, the name of one
 11  1 officer of the organization shall appear on the material.
 11  2 However, if the organization is a committee which has filed a
 11  3 statement of organization under this chapter, only the name of
 11  4 the committee is required to be included on the published
 11  5 material.  Published material designed to promote or defeat
 11  6 the nomination or election of a candidate for public office or
 11  7 the passage of a constitutional amendment or public measure
 11  8 which contains language or depictions which a reasonable
 11  9 person would understand as asserting that an entity which is
 11 10 incorporated or is a registered committee had authored the
 11 11 material shall, if the entity is not incorporated or a
 11 12 registered committee, include conspicuously on the published
 11 13 material a statement that the apparent organization or
 11 14 committee is not incorporated or a registered committee in
 11 15 addition to the disclaimer statement required by this section.
 11 16 For purposes of this section, "registered committee" means a
 11 17 committee which has an active statement of organization filed
 11 18 under section 56.5.
 11 19    2.  This section does not apply to the editorials or news
 11 20 articles of a newspaper or magazine which are not political
 11 21 advertisements.  For the purpose of this section, "published
 11 22 material" means any newspaper, magazine, shopper, outdoor
 11 23 advertising facility, poster, direct mailing, brochure, or any
 11 24 other form of printed general public political advertising;
 11 25 however, the identification need not be conspicuous on
 11 26 posters.  This section does not apply to yard signs, bumper
 11 27 stickers, pins, buttons, pens, matchbooks, and similar small
 11 28 items upon which the inclusion of the disclaimer would be
 11 29 impracticable or to published material which is subject to
 11 30 federal regulations regarding a disclaimer requirement.
 11 31    3.  Yard signs shall not be placed on any property which
 11 32 adjoins a city, county, or state roadway sooner than forty-
 11 33 five days preceding a primary or general election and shall be
 11 34 removed within seven days after the primary or general
 11 35 election, in which the name of the particular candidate or
 12  1 ballot issue described on the yard sign appears on the ballot.
 12  2 Yard signs are subject to removal by highway authorities as
 12  3 provided in section 319.13, or by county or city law
 12  4 enforcement authorities in a manner consistent with section
 12  5 319.13.  The placement or erection of yard signs shall be
 12  6 exempt from the requirements of chapter 480.  Notice may be
 12  7 provided to the chairperson of the appropriate county central
 12  8 committee if the highway authorities are unable to provide
 12  9 notice to the candidate, candidate's committee, or political
 12 10 committee regarding the yard sign.
 12 11    4.  This section does not prohibit the placement of yard
 12 12 signs on agricultural land owned by individuals or by a family
 12 13 farm operation as defined in section 9H.1, subsections 8, 8A,
 12 14 9, and 10; does not prohibit the placement of yard signs on
 12 15 property owned by private individuals who have rented or
 12 16 leased the property to a corporation, if the prior written
 12 17 permission of the property owner is obtained; and does not
 12 18 prohibit the placement of yard signs on residential property
 12 19 owned by a corporation but rented or leased to a private
 12 20 individual if the prior permission of the renter or lessee is
 12 21 obtained.  For the purposes of this chapter, "agricultural
 12 22 land" means agricultural land as defined in section 9H.1.
 12 23    5.  This section shall not be construed to require the
 12 24 inclusion on published material of information which discloses
 12 25 the identity or address of any individual who is acting
 12 26 independently and using their own modest resources to publish
 12 27 or distribute the material.
 12 28    Sec. 14.  Section 56.15, subsections 1, 2, and 3, Code
 12 29 1995, are amended to read as follows:
 12 30    1.  Except as provided in subsections 3 and 4, it is
 12 31 unlawful for an insurance company, savings and loan
 12 32 association, bank, credit union, or corporation organized
 12 33 pursuant to the laws of this state, the United States, or any
 12 34 other state, territory, or foreign country, whether for profit
 12 35 or not, or an officer, agent or representative acting for such
 13  1 insurance company, savings and loan association, bank, credit
 13  2 union, or corporation, to contribute any money, property,
 13  3 labor, or thing of value, directly or indirectly, to a
 13  4 committee, or for the purpose of influencing the vote of an
 13  5 elector, except that such resources may be so expended in
 13  6 connection with a utility franchise election held pursuant to
 13  7 section 364.2, subsection 4, or a ballot issue.  All such
 13  8 expenditures are subject to the disclosure requirements of
 13  9 this chapter.
 13 10    2.  Except as provided in subsection 3, it is unlawful for
 13 11 a member of a committee, or its employee or representative,
 13 12 except a ballot issue committee, or for a candidate for office
 13 13 or the representative of the candidate, to solicit, request,
 13 14 or knowingly receive from an insurance company, savings and
 13 15 loan association, bank, credit union, or corporation organized
 13 16 pursuant to the laws of this state, the United States, or any
 13 17 other state, territory, or foreign country, whether for profit
 13 18 or not, or its officer, agent, or representative, any money,
 13 19 property, or thing of value belonging to the insurance
 13 20 company, savings and loan association, bank, or corporation
 13 21 for campaign expenses, or for the purpose of influencing the
 13 22 vote of an elector.  This section does not restrain or abridge
 13 23 the freedom of the press or prohibit the consideration and
 13 24 discussion in the press of candidacies, nominations, public
 13 25 officers, or public questions.
 13 26    3.  It is lawful for an insurance company, savings and loan
 13 27 association, bank, credit union, and corporation organized
 13 28 pursuant to the laws of this state, the United States, or any
 13 29 other state or territory, whether or not for profit, and for
 13 30 their officers, agents and representatives, to use the money,
 13 31 property, labor, or any other thing of value of the entity for
 13 32 the purposes of soliciting its stockholders, administrative
 13 33 officers and members for contributions to a committee
 13 34 sponsored by that entity and of financing the administration
 13 35 of a committee sponsored by that entity.  The entity's
 14  1 employees to whom the foregoing authority does not extend may
 14  2 voluntarily contribute to such a committee but shall not be
 14  3 solicited for contributions.  All contributions made under
 14  4 this subsection are subject to the disclosure requirements of
 14  5 this chapter.  A committee member, committee employee,
 14  6 committee representative, candidate or representative referred
 14  7 to in subsection 2 lawfully may solicit, request, and receive
 14  8 money, property and other things of value from a committee
 14  9 sponsored by an insurance company, savings and loan
 14 10 association, bank, credit union, or corporation as permitted
 14 11 by this subsection.
 14 12    Sec. 15.  Section 56.41, subsection 1, Code 1995, is
 14 13 amended to read as follows:
 14 14    1.  A candidate and the candidate's committee shall use
 14 15 campaign funds only for campaign purposes, educational and
 14 16 other expenses associated with the duties of office, or
 14 17 constituency services, and shall not use campaign funds for
 14 18 personal expenses or personal benefit.  The purchase of
 14 19 subscriptions to newspapers from or which circulate within the
 14 20 area represented by the office which a candidate is seeking or
 14 21 holds is presumed to be an expense that is associated with the
 14 22 duties of the campaign for and duties of office.
 14 23    Sec. 16.  Section 56.42, subsection 1, paragraphs b and c,
 14 24 Code 1995, are amended to read as follows:
 14 25    b.  Contributions to national, state, or local political
 14 26 party central committees, or to partisan political committees
 14 27 organized to represent persons within the boundaries of a
 14 28 congressional district.
 14 29    c.  Transfers to the treasurer of state for deposit in the
 14 30 general fund of the state, or to the appropriate treasurer for
 14 31 deposit in the general fund of a political subdivision of the
 14 32 state.
 14 33    Sec. 17.  Section 56.43, Code 1995, is amended to read as
 14 34 follows:
 14 35    56.43  CAMPAIGN PROPERTY.
 15  1    1.  Equipment, supplies, or other materials purchased on or
 15  2 after July 1, 1991, with campaign funds or received in-kind
 15  3 are campaign property.  Campaign property belongs to the
 15  4 candidate's committee and not to the candidate.  Campaign
 15  5 property which has a value of five hundred dollars or more at
 15  6 the time it is acquired by the committee shall be separately
 15  7 disclosed as committee inventory on reports filed pursuant to
 15  8 section 56.6, including a declaration of the approximate
 15  9 current value of the property.  Such property shall continue
 15 10 to be reported as committee inventory until it is disposed of
 15 11 by the committee or until the property has a residual value of
 15 12 less than one hundred dollars.  However, consumable campaign
 15 13 property is not required to be reported as committee
 15 14 inventory, regardless of the initial value of the consumable
 15 15 campaign property.  "Consumable campaign property" means
 15 16 stationery, yard signs, and other campaign materials which
 15 17 have been permanently imprinted to be specific to a candidate
 15 18 or election.
 15 19    2.  Upon dissolution of the candidate's committee, a report
 15 20 accounting for the disposition of all items of campaign
 15 21 property, excluding consumable campaign property, having a
 15 22 residual value of twenty-five one hundred dollars or more
 15 23 shall be filed with the board.  Each item of campaign Campaign
 15 24 property, excluding consumable campaign property, having a
 15 25 residual value of twenty-five one hundred dollars or more
 15 26 shall be disposed of by one of the following methods:
 15 27    a.  Sale of the property at fair market value, in which
 15 28 case the proceeds shall be treated the same as other campaign
 15 29 funds.
 15 30    b.  Donation of the property under one of the options for
 15 31 transferring campaign funds set forth in section 56.42.
 15 32    Sec. 18.  Section 68B.32, subsection 5, Code 1995, is
 15 33 amended to read as follows:
 15 34    5.  The board shall employ a full-time executive secretary
 15 35 director who shall be the board's chief administrative
 16  1 officer.  The board shall employ or contract for the
 16  2 employment of legal counsel notwithstanding section 13.7, and
 16  3 any other personnel as may be necessary to carry out the
 16  4 duties of the board.  The board's legal counsel shall be the
 16  5 chief legal officer of the board, and shall advise the board
 16  6 on all legal matters relating to the administration of this
 16  7 chapter and chapter 56.  The state may be represented by the
 16  8 board's legal counsel in any civil action regarding the
 16  9 enforcement of this chapter or chapter 56, or, at the board's
 16 10 request, the state may be represented by the office of the
 16 11 attorney general.  Notwithstanding section 19A.3, all of the
 16 12 board's employees, except for the executive secretary director
 16 13 and legal counsel, shall be employed subject to the merit
 16 14 system provisions of chapter 19A.  The salary of the executive
 16 15 director shall be fixed by the board, within the range
 16 16 established by the general assembly.  The salary of the legal
 16 17 counsel shall be fixed by the board, within a salary range
 16 18 established by the department of personnel for a position
 16 19 requiring similar qualifications and experience.
 16 20    Sec. 19.  Section 68B.32A, subsection 2, Code 1995, is
 16 21 amended to read as follows:
 16 22    2.  Develop, prescribe, furnish, and distribute any forms
 16 23 necessary for the implementation of the procedures contained
 16 24 in this chapter and chapter 56 for the filing of reports and
 16 25 statements by persons required to file the reports and
 16 26 statements under this chapter and chapter 56.
 16 27    The board may establish a process to assign signature codes
 16 28 to a person or committee for purposes of facilitating an
 16 29 electronic filing procedure.  The assignment of signature
 16 30 codes shall be kept confidential, notwithstanding section
 16 31 22.2.
 16 32    Sec. 20.  TRANSITIONAL PROVISION.  Changes or additions to
 16 33 reporting requirements contained in section 56.6, subsection
 16 34 4, which are made in this Act shall not be construed to
 16 35 require reporting of financial activities which took place
 17  1 prior to January 1, 1995, if the financial activities which
 17  2 took place on or after January 1, 1995, would result in the
 17  3 committee exceeding the reporting threshold established for a
 17  4 particular type of committee.  Any activities which took place
 17  5 on or after January 1, 1995, shall, however, be reported.  
 17  6 HF 437
 17  7 lh/pk/25
     
Text: HF00436                           Text: HF00438
Text: HF00400 - HF00499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index
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