Text: HF02448 Text: HF02450 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Get Version To Print
PAG LIN 1 1 Section 1. Section 56.2, Code Supplement 1995, is amended 1 2 by adding the following new subsections: 1 3 NEW SUBSECTION. 2A. "Calendar year" means the time period 1 4 from January 1 through December 31 each year. 1 5 NEW SUBSECTION. 12A. "Election campaign cycle" means the 1 6 time period between any general, contested primary, special, 1 7 or runoff election for a particular office, commencing on the 1 8 day following the previous election for that office, and 1 9 continuing through election day. 1 10 Sec. 2. Section 56.2, subsection 9, Code Supplement 1995, 1 11 is amended to read as follows: 1 12 9. a. "Contribution" means any or any combination of the 1 13 following: 1 14a.(1) A gift, loan, advance, deposit, rebate, refund, or 1 15 other transfer of moneyor a giftto a candidate's committee, 1 16 political committee, state statutory political committee, 1 17 county statutory political committee, or city statutory 1 18 political committee. 1 19 (2) The in kind provision of goods or services which is 1 20 intended to or actually does benefit a candidate's committee, 1 21 political committee, state statutory political committee, 1 22 county statutory political committee, or city statutory 1 23 political committee. 1 24b.(3) The payment, by any person other than a candidate1 25or political committee,of compensation for the personal 1 26 services of another person which are rendered to a candidate, 1 27orpolitical committee, state statutory political committee, 1 28 county statutory political committee, or city statutory 1 29 political committee, for anysuchpurpose. 1 30 b. "Contribution" shall not be construed to include any of 1 31 the following: 1 32 (1) Any services provided without compensation by 1 33 individuals volunteering their time on behalf of a candidate's 1 34 committee,orpolitical committee,or astateor county1 35 statutory political committee,except when organized or2 1provided on a collective basis by a business, trade2 2association, labor union, or any other organized group or2 3associationcounty statutory political committee, or city 2 4 statutory political committee, provided that such time is not 2 5 spent performing services for which, in the previous twelve 2 6 months, the individual has been compensated as part of that 2 7 individual's profession or other employment. 2 8 (2) Any goods or services provided directly by a state 2 9 statutory political committee, county statutory political 2 10 committee, city statutory political committee, or national 2 11 political party, or by the paid staff of any such committee or 2 12 party. 2 13 (3)"Contribution" shall not include refreshments2 14 Refreshments served at a campaign functionso long as such2 15refreshments do not exceed fifty dollars in valueor 2 16 transportation provided to a candidate so long as its value 2 17 computed at a rate of twenty cents per mile does not exceed 2 18 one hundred dollars in value in any one reporting period. 2 19 (4)"Contribution" shall not include somethingAn item or 2 20 items provided to a candidate for the candidate's personal 2 21 consumption or use and not intended for or on behalf of the 2 22 candidate's committee. 2 23 Sec. 3. Section 56.2, subsection 16, Code Supplement 1995, 2 24 is amended to read as follows: 2 25 16. a. "Political committee" means a committee, but not2 26 other than a candidate's committee,which acceptsthat, in 2 27 performing any of the following activities, exceeds any of the 2 28 following financial thresholds: 2 29 (1) Accepts contributions for political purposes in excess 2 30 of five hundred dollars in the aggregate, makesin a calendar 2 31 year. 2 32 (2) Makes expenditures for political purposes in excess of 2 33 five hundred dollars in the aggregate, or incursin a calendar 2 34 year. 2 35 (3) Incurs indebtedness for political purposes in excess 3 1 of five hundred dollars in the aggregate inany onea calendar 3 2 yearfor the purpose of supporting or opposing a candidate for3 3public office, or for the purpose of supporting or opposing a3 4ballot issue;. 3 5 b. A "political committee"also means an, provided it has 3 6 exceeded at least one of the financial thresholds in paragraph 3 7 "a", includes but is not limited to any of the following 3 8 entities: 3 9 (1) A committee other than a candidate's committee that 3 10 supports or opposes more than one candidate for public office. 3 11 (2) A committee other than a candidate's committee that 3 12 supports or opposes a ballot issue. 3 13 (3) A formally organized association, lodge, society, 3 14 cooperative, union, fraternity, sorority, educational 3 15 institution, civic organization, labor organization, religious 3 16 organization,orprofessional organization,which accepts3 17contributions in excess of five hundred dollars in the3 18aggregate, makes expenditures in excess of five hundred3 19dollars in the aggregate, or incurs indebtedness in excess of3 20five hundred dollars in the aggregate in any one calendar year3 21for the purpose of supporting or opposing a candidate for3 22public office, or for the purpose of supporting or opposing a3 23ballot issue. "Political committee" also includes a committee3 24which accepts contributions in excess of five hundred dollars3 25in the aggregate, makes expenditures in excess of five hundred3 26dollars in the aggregate, or incurs indebtedness in excess of3 27five hundred dollars in the aggregate in a calendar year to3 28causeor other permanent organization that temporarily engages 3 29 in political activity. 3 30 (4) A committee other than a candidate's committee that 3 31 causes the publication or broadcasting of materialin which3 32the public policy positions or voting record ofthat a 3 33 reasonable person would understand to advocate the support of 3 34 or opposition to the election of an identifiable candidateis3 35discussed and in which a reasonable person could find4 1commentary favorable or unfavorable to those public policy4 2positions or voting record. 4 3 Sec. 4. Section 56.2, Code Supplement 1995, is amended by 4 4 adding the following new subsection: 4 5 NEW SUBSECTION. 21. "Statewide office" means the office 4 6 of any of the state officers that are listed in section 39.9. 4 7 Sec. 5. NEW SECTION. 56.5B LIMITATIONS ON CONTRIBUTIONS. 4 8 1. A person or political committee shall not make 4 9 contributions that, during any election campaign cycle, in the 4 10 aggregate, exceed the following: 4 11 a. One thousand dollars to any candidate or candidate's 4 12 committee for a statewide office. 4 13 b. Five hundred dollars to any other candidate or 4 14 candidate's committee. 4 15 2. A state statutory political committee, county statutory 4 16 political committee, city statutory political committee, or 4 17 national political party shall not make contributions that 4 18 during any election campaign cycle, in the aggregate, exceed 4 19 the following: 4 20 a. Five thousand dollars to any candidate or candidate's 4 21 committee for a statewide office. 4 22 b. One thousand dollars to any other candidate or 4 23 candidate's committee. 4 24 3. A person shall not make contributions that, during any 4 25 calendar year, in the aggregate, exceed the following: 4 26 a. Five hundred dollars to any state statutory political 4 27 committee. 4 28 b. Five hundred dollars to any county statutory political 4 29 committee. 4 30 c. Five hundred dollars to any city statutory political 4 31 committee. 4 32 4. A political committee shall not make contributions 4 33 that, during any calendar year, in the aggregate, exceed the 4 34 following: 4 35 a. Two thousand five hundred dollars to any state 5 1 statutory political committee. 5 2 b. Two thousand five hundred dollars to any county 5 3 statutory political committee. 5 4 c. Two thousand five hundred dollars to any city statutory 5 5 political committee. 5 6 5. A candidate, candidate's committee, state statutory 5 7 political committee, county statutory political committee, or 5 8 city statutory political committee shall not knowingly accept 5 9 any contribution in violation of this section. 5 10 6. "Political committee", as used in this section, does 5 11 not include a state statutory political committee, county 5 12 statutory political committee, city statutory political 5 13 committee, or a national political party, unless such a 5 14 committee is expressly mentioned. 5 15 7. For purposes of this section, "election campaign cycle" 5 16 shall be construed to apply separate contribution limits for 5 17 each type of election for a particular office, including 5 18 primary, general, special, and runoff elections. However, if 5 19 a candidate for office does not run in a contested primary, 5 20 the contribution limit for the general election shall apply 5 21 for the time period covering both the primary and general 5 22 elections. 5 23 8. For purposes of this section, all contributions of 5 24 goods or services provided in kind shall be reported at the 5 25 usual and customary rate of the contributor. If the goods or 5 26 services are provided for an amount less than the usual and 5 27 customary rate of the contributor, the contribution amount 5 28 shall be the difference between the amount actually paid and 5 29 the usual and customary rate of the contributor. 5 30 9. This section shall not apply to contributions to Iowa 5 31 candidates for the United States senate or house of 5 32 representatives, or to any other candidate for federal office. 5 33 10. This section shall not apply to transfers of campaign 5 34 funds made pursuant to section 56.42. 5 35 Sec. 6. Section 56.13, subsection 1, Code Supplement 1995, 6 1 is amended to read as follows: 6 2 1. Action involving a contribution or expenditure which 6 3 must be reported under this chapter and which is taken by any 6 4 person, candidate's committee or political committee on behalf 6 5 of a candidate, if known and approved by the candidate, shall 6 6 be deemed action by the candidate and reported by the 6 7 candidate's committee. 6 8 a. It shall be presumed that a candidate approves the 6 9 action if the candidate had knowledge of it and failed to file 6 10 a statement of disavowal with the commissioner or board and 6 11 take corrective action within seventy-two hours of the action. 6 12 b. An expenditure made on behalf of a candidate, and which 6 13 is not disavowed by the candidate, shall be deemed a 6 14 contribution to the candidate or candidate's committee, and is 6 15 subject to the limitations and prohibitions in section 56.5B, 6 16 as well as the disclosure requirements of section 56.6. 6 17 c. An expenditure by a candidate's committee that 6 18 previously has been approved by the candidate or a designee of 6 19 the candidate can not be disavowed by the candidate. 6 20 d. For purposes of this section, a contribution or 6 21 expenditure shall be construed to have been made on behalf of 6 22 a candidate according to the following: 6 23 (1) A contribution or expenditure that conveys a message 6 24 that is reasonably construed to advocate the election of a 6 25 clearly identified candidate may be an action on behalf of 6 26 that candidate, if it does not otherwise qualify as an 6 27 independent expenditure under this section. 6 28 (2) A contribution or expenditure that conveys a message 6 29 that is reasonably construed to advocate the defeat of a 6 30 clearly identified candidate may be an action on behalf of 6 31 that candidate's opponent, if it does not otherwise qualify as 6 32 an independent expenditure under this section. 6 33 1A. a. A person, candidate's committee or political 6 34 committee takingsuchactionindependently of that candidate's6 35committeeinvolving a contribution or expenditure that conveys 7 1 a message that is reasonably construed to advocate the 7 2 election or defeat of a clearly identified candidate shall 7 3 notifythat candidate's committeethe following committees in 7 4 writing by forwardable mail within twenty-four hours of taking 7 5 the action.: 7 6 (1) The candidate's committee, if the contribution or 7 7 expenditure may reasonably be construed to convey a message 7 8 advocating the election of the candidate. 7 9 (2) The committee for the candidate's opponent, if the 7 10 contribution or expenditure may reasonably be construed to 7 11 advocate the defeat of the candidate. 7 12 b. The notification shall provide that candidate's 7 13 committee with the cost of the promotion at fair market value. 7 14 c. A copy of the notification shall be sent to the board 7 15 by forwardable mail within twenty-four hours of taking the 7 16 action. 7 17 1B. Any person who makes expenditures or incurs 7 18 indebtedness, other than incidental expenses incurred in 7 19 performing volunteer work, in support or opposition of a 7 20 candidate for public office shall notify the appropriate 7 21 committee and provide necessary information for disclosure 7 22 reports. 7 23 1C. For purposes of this section, action shall be 7 24 construed to have been taken independently of a candidate's 7 25 committee only if the action was not made with the cooperation 7 26 of, with the prior consent of, in consultation with, or at the 7 27 request or suggestion of any candidate or agent for the 7 28 candidate. 7 29 a. For purposes of this section, an agent of the candidate 7 30 is any person who has actual oral or written authority, either 7 31 express or implied, to make or to authorize the making of 7 32 expenditures on behalf of a candidate, or any person who has 7 33 been placed in a position within the campaign organization 7 34 where it would reasonably appear that in the ordinary course 7 35 of campaign-related activities, that person may authorize 8 1 activity on behalf of the candidate, provided that the 8 2 authorization is in writing and has been signed by the 8 3 candidate or candidate's designee. 8 4 b. An action will be presumed to be made with the 8 5 cooperation of, with the prior consent of, in consultation 8 6 with, or at the request or suggestion of any candidate, any 8 7 candidate's committee, or other agent for the candidate in the 8 8 following situations: 8 9 (1) When the action is based on information about the 8 10 candidate's plans, projects, or needs, which information is 8 11 provided by the candidate, the candidate's committee, or other 8 12 agent of the candidate, provided that the authorization is in 8 13 writing and has been signed by the candidate or candidate's 8 14 designee. 8 15 (2) When the action involves any arrangement, 8 16 coordination, or direction by the candidate or agent of the 8 17 candidate prior to the action. 8 18 (3) When the action involves any participation by the 8 19 candidate or any person who is or who has been an officer of 8 20 the candidate's committee, or who is or has been receiving 8 21 compensation or reimbursement from the candidate, the 8 22 candidate's committee, or other agent of the candidate, 8 23 provided that the authorization is in writing and has been 8 24 signed by the candidate or candidate's designee. 8 25 1D. Any expenditure which is part of an action that is 8 26 deemed not to have been taken independently of the candidate, 8 27 candidate's committee, or other agent of the candidate shall 8 28 be considered a contribution for the purpose of contribution 8 29 limitations and prohibitions. All reporting requirements 8 30 shall apply to such contributions. 8 31 1E. Any expenditure by a candidate's committee shall not 8 32 be construed to be an independent expenditure under this 8 33 section. 8 34 Sec. 7. Section 56.15, Code Supplement 1995, is amended by 8 35 adding the following new subsection: 9 1 NEW SUBSECTION. 4A. It shall be unlawful for any person 9 2 to utilize, with regard to employees or members, a payroll 9 3 deduction, partial donation of member dues or fees, or any 9 4 other automatic means of contribution intended for support of 9 5 political purposes or for the pursuit of any legislative 9 6 objectives. A person who seeks financial support for any 9 7 political purpose or for the pursuit of any legislative 9 8 objective must affirmatively solicit and receive individual 9 9 contributions from employees or members in a method separate 9 10 from any regular monetary transfer between the person and the 9 11 employee or member. 9 12 Sec. 8. Section 56.18, Code 1995, is amended to read as 9 13 follows: 9 14 56.18 CHECKOFF – INCOME TAX. 9 15 A person whose state income tax liability for any taxable 9 16 year isone dollar and fifty centsfive dollars or more may 9 17 direct thatone dollar and fifty centsfive dollars of that 9 18 liability be paid over to the Iowa election campaign fund when 9 19 submitting the person's state income tax return to the 9 20 department of revenue and finance. In the case of a joint 9 21 return of husband and wife having a state income tax liability 9 22 ofthreeten dollars or more, each spouse may direct thatone9 23dollar and fifty centsfive dollars be paid to the fund. The 9 24 director of revenue and finance shall draft the income tax 9 25 form to provide spaces on the tax return which the taxpayer 9 26 may use to designate that contributions made under this 9 27 section be credited to a specified political party as defined 9 28 by section 43.2, or to the Iowa election campaign fund as a 9 29 contribution to be shared by all such political parties in the 9 30 manner prescribed by section 56.19. The form shall inform the 9 31 taxpayer of the consequences of the choices provided under 9 32 this section, but this information may be contained in a 9 33 footnote or other suitable form if the director of revenue and 9 34 finance finds it is not feasible to place the information 9 35 immediately above the signature line. The action taken by a 10 1 person for the checkoff is irrevocable. 10 2 Sec. 9. EFFECTIVE DATE. This Act takes effect January 1, 10 3 1997. 10 4 HF 2449 10 5 jls/pk/25
Text: HF02448 Text: HF02450 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Tue Apr 23 17:40:04 CDT 1996
URL: /DOCS/GA/76GA/Legislation/HF/02400/HF02449/960315.html
jhf