Text: HSB00125 Text: HSB00127 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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 excess1 10of two hundred fifty dollars in the aggregate, makes1 11expenditures in excess of two hundred fifty dollars in the1 12aggregate, or incurs indebtedness in excess of two hundred1 13fifty dollars in the aggregate in any one calendar year for1 14the purpose of supporting or opposing a candidate for public1 15office orwhich 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 organizationwhich makes1 26contributions in the aggregate of more than two hundred fifty1 27dollars in any one calendar year for the purpose of supporting1 28or opposing a candidate for public office orwhich 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 oftwofive hundred 2 2fiftydollars in the aggregate, makes expenditures in excess 2 3 oftwofive hundredfiftydollars in the aggregate, or incurs 2 4 indebtedness in excess oftwofive hundredfiftydollars 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 and 2, Code 1995, are 2 12 amended to read as follows: 2 13 1. Every candidate's committee shall appoint a treasurer 2 14 who shall bean Iowa residentan individual, other than the 2 15 candidate, who has reached the age of majority. Every 2 16 political committee shall appoint both a treasurer and a 2 17 chairperson, each of whom shall have reached the age of 2 18 majority. Every committee shall either have an Iowa resident 2 19 as treasurer or maintain all of the committee's funds in bank 2 20 accounts in a financial institution located in Iowa. An 2 21 expenditure shall not be made by the treasurer or treasurer's 2 22 designee for or on behalf of a committee without the approval 2 23 of the chairperson of the committee, or the candidate. 2 24 Expenditures shall be remitted to the designated recipient 2 25 within fifteen days of the date of the issuance of the 2 26 payment. 2 27 2. An individual who receives contributions for a 2 28 committee without the prior authorization of the chairperson 2 29 of the committee or the candidate shall be responsible for 2 30 either rendering the contributions to the treasurer within 2 31 fifteen days of the date of receipt of the contributions, or 2 32 depositing the contributions in the account maintained by the 2 33 committee within seven days of the date of receipt of the 2 34 contributions. A person who receives contributions for a 2 35 committee shall, not later than fifteen days from the date of 3 1 receipt of the contributions or on demand of the treasurer, 3 2 render to the treasurer the contributions and an account of 3 3 the total of all contributions, including the name and address 3 4 of each person making a contribution in excess of ten dollars, 3 5 the amount of the contributions, and the date on which the 3 6 contributions were received. The treasurer shall deposit all 3 7 contributions within seven days of receipt by the treasurer in 3 8 an account maintained by the committeein a financial3 9institution located in Iowa. All funds of a committee shall 3 10 be segregated from any other funds held by officers, members, 3 11 or associates of the committee or the committee's candidate. 3 12 However, if a candidate's committee receives contributions 3 13 only from the candidate, or if a permanent organization 3 14 temporarily engages in activity which qualifies it as a 3 15 political committee and all expenditures of the organization 3 16 are made from existing general operating funds and funds are 3 17 not solicited or received for this purpose from sources other 3 18 than operating funds, then that committee is not required to 3 19 maintain a separate account in a financial institution. The 3 20 funds of a committee are not attachable for the personal debt 3 21 of the committee's candidate or an officer, member, or 3 22 associate of the committee. 3 23 Sec. 4. Section 56.4, Code 1995, is amended to read as 3 24 follows: 3 25 56.4 REPORTS FILED WITH BOARD OR COMMISSIONER. 3 26 All statements and reports required to be filed under this 3 27 chapter for a state office shall be filed with the board. All 3 28 statements and reports required to be filed under this chapter 3 29 for a county, city, or school office shall be filed with the 3 30 commissioner. Statements and reports on a ballot issue shall 3 31 be filed with the commissioner responsible under section 47.2 3 32 for conducting the election at which the issue is voted upon, 3 33 except that statements and reports on a statewide ballot issue 3 34 shall be filed with the board. Copies of any reports filed 3 35 with a commissioner shall be provided by the commissioner to 4 1 the board on its request. State statutory political 4 2 committees shall file all statements and reports with the 4 3 board. All other statutory political committees shall file 4 4 the statements and reports with the commissioner with a copy 4 5 sent to the board. The board shall retain statements and 4 6 reports filed with the board for at least five years from the 4 7 date of the election in which the committee is involved, or at 4 8 least five years from the certified date of dissolution of the 4 9 committee, whichever date is later. The commissioner shall 4 10 retain statements and reports filed with the commissioner for 4 11 at least three years from the date of the election in which 4 12 the committee is involved, or at least three years from the 4 13 certified date of dissolution of the committee, whichever date 4 14 is later. 4 15 Political committees supporting or opposing candidates for 4 16 both federal office and any elected office created by law or 4 17 the Constitution of the state of Iowa shall file statements 4 18 and reports with the board in addition to any federal reports 4 19 required to be filed with thesecretary of stateboard. 4 20 However, a political committee which is registered and filing 4 21 full disclosure reports of all financial activities with the 4 22 federal election commission may file verified statements as 4 23 provided in section 56.5. 4 24 Political committees supporting or opposing candidates or 4 25 ballot issues for statewide elections and for county, 4 26 municipal or school elections may file all activity on one 4 27 report with the board and shall send a copy to the 4 28 commissioner responsible under section 47.2 for conducting the 4 29 election. 4 30 Sec. 5. Section 56.5, subsection 1, Code 1995, is amended 4 31 to read as follows: 4 32 1. Every committee, as defined in this chapter, shall file 4 33 a statement of organization within ten days from the date of 4 34 its organization. Unless formal organization has previously 4 35 occurred, a committee is deemed to have organized as of the 5 1 date that committee transactions exceed the financial activity 5 2 threshold established in section 56.2, subsection 4 or 15. 5 3 Sec. 6. Section 56.5, subsection 2, paragraph a, Code 5 4 1995, is amended to read as follows: 5 5 a. The name, purpose, mailing address and telephone number 5 6 of the committee. The committee name shall not duplicate the 5 7 name of another committee organized under this section. For 5 8 candidate's committees filing initial statements of 5 9 organization on or after July 1, 1995, the candidate's name 5 10 shall be contained within the committee name. 5 11 Sec. 7. Section 56.5, subsection 5, Code 1995, is amended 5 12 to read as follows: 5 13 5. A committee or organization notdomiciled in Iowa5 14 organized as a committee under this section which makes a 5 15 contribution to a candidate's committee or political committee 5 16domiciledorganized in Iowa shall disclose each contribution 5 17 to the board. A committee or organization notdomiciled in5 18Iowaorganized as a committee under this section which is not 5 19 registered and filing full disclosure reports of all financial 5 20 activities with the federal election commission or another 5 21 state's disclosure commission shall register and file full 5 22 disclosure reports with the board pursuant to this chapter, 5 23 and shall either appoint an eligible Iowa elector as committee 5 24 or organization treasurer,andor shall maintain all committee 5 25 funds in an account in a financial institution located in 5 26 Iowa. A committee which is currently filing a disclosure 5 27 report in another jurisdiction shall either file a statement 5 28 of organization under subsections 1 and 2 and file disclosure 5 29 reports, the same as those required ofIowa-domiciled5 30 committees organized only in Iowa, under section 56.6, or 5 31 shall file one copy of a verified statement with the board and 5 32 a second copy with the treasurer of the committee receiving 5 33 the contribution. The form shall be completed and filed at 5 34 the time the contribution is made. The verified statement 5 35 shall be on forms prescribed by the board and shall attest 6 1 that the committee is filing reports with the federal election 6 2 commission or in a jurisdiction with reporting requirements 6 3 which are substantially similar to those of this chapter, and 6 4 that the contribution is made from an account which does not 6 5 accept contributions which would be in violation of section 6 6 56.15. The form shall include the complete name, address, and 6 7 telephone number of the contributing committee, the state or 6 8 federal jurisdiction under which it is registered or operates, 6 9 the identification of any parent entity or other affiliates or 6 10 sponsors, its purpose, the name, address, and signature of an 6 11 Iowa resident authorized to receive service of original notice 6 12 and the name and address of the receiving committee, the 6 13 amount of the cash or in-kind contribution, and the date the 6 14 contribution was made. 6 15 Sec. 8. Section 56.5A, Code 1995, is amended to read as 6 16 follows: 6 17 56.5A CANDIDATE'S COMMITTEE. 6 18 Each candidate for state, county, city, or school office 6 19 shall organize one, and only one, candidate's committee for a 6 20 specific office sought when the candidate receives 6 21 contributions in excess of five hundred dollars in the 6 22 aggregate, makes expenditures in excess of five hundred 6 23 dollars in the aggregate, or incurs indebtedness in excess of 6 24 five hundred dollars in the aggregate in a calendar year. A 6 25 political committee shall not be established to support or 6 26 oppose only one candidate for office, except that a political 6 27 committee may be established to support or oppose approval of 6 28 a single judge standing for retention. 6 29 Sec. 9. Section 56.6, subsection 1, paragraphs a and d, 6 30 Code 1995, are amended to read as follows: 6 31 a. Each treasurer of a committee shall file with the board 6 32 or commissioner disclosure reports of contributions received 6 33 and disbursed on forms prescribed by rules as provided by 6 34 chapter 17A. The reports from all committees, except those 6 35 committees for municipal and school elective offices and for 7 1 local ballot issues, shall be filed on thetwentieth7 2 nineteenth day or mailed bearing a United States postal 7 3 service postmark dated on or before the nineteenth day of 7 4 January, May, July, and October of each year. The May, July, 7 5 and October reports shall be current as of five days prior to 7 6 the filing deadline. The January report shall be the annual 7 7 report covering activity through December 31. However, a 7 8 state,orcounty, or city statutory political committee is not 7 9 required to file the May and July reports for a year in which 7 10 no primary or general election is held at the respective 7 11 state, county, or city level. A candidate's committee, other 7 12 than for municipal and school elective offices, for a year in 7 13 which the candidate is not standing for election, is not 7 14 required to file the May, July, and October reports. Reports 7 15 for committees for a ballot issue placed before the voters of 7 16 the entire state shall be filed at the January, May, July, and 7 17 October deadlines. 7 18 d. Committees for municipal and school elective offices 7 19 and local ballot issues shall file their first reports five 7 20 days prior to any election in which the name of the candidate 7 21 or the local ballot issue which they support or oppose appears 7 22 on the printed ballot and shall file their next report on the 7 23 first day of the month following the final election in a 7 24 calendar year in which the candidate's name or the ballot 7 25 issue appears on the ballot. A committee supporting or 7 26 opposing a candidate for a municipal or school elective office 7 27 or a local ballot issue shall also file disclosure reports on 7 28 thetwentiethnineteenth day of January and October of each 7 29 year in which the candidate or ballot issue does not appear on 7 30 the ballot and on thetwentiethnineteenth day of January, 7 31 May, and July of each year in which the candidate or ballot 7 32 issue appears on the ballot, until the committee dissolves. 7 33 These reports shall be current to five days prior to the 7 34 filing deadline and are considered timely filed if mailed 7 35 bearing a United States postal service postmarkone or more8 1calendar days precedingon or before the due date. 8 2 Sec. 10. Section 56.6, subsections 4 and 5, Code 1995, are 8 3 amended to read as follows: 8 4 4. If the report is the first report filed by the 8 5 committee, the report shall include all information required 8 6 under subsection 3 covering the period from the beginning of 8 7 the committee's financial activity, even if from a different 8 8 calendar year, through the end of the current reporting 8 9 period. If no contributions have been accepted nor any 8 10 disbursements made or indebtedness incurred during that 8 11 reporting period, the treasurer of the committee shall file a 8 12 disclosure statement which shows only the amount of cash on 8 13 hand at the beginning of the reporting period. 8 14 5. A committee shall not dissolve until all loans, debts 8 15 and obligations are paid, forgiven, or transferred and the 8 16 remaining money in the account is distributed according to the 8 17 organization statement. If a loan is transferred or forgiven, 8 18 the amount of the transferred or forgiven loan must be 8 19 reported as an in-kind contribution and deducted from the 8 20 loans payable balance on the disclosure form. If, upon review 8 21 of a committee's statement of dissolution and final report, 8 22 the board determines that the requirements for dissolution 8 23 have been satisfied, the dissolution shall be certified and 8 24 the committee relieved of further filing requirements. 8 25 PARAGRAPH DIVIDED. A statutory political committee is 8 26 prohibited from dissolving, but may be placed in an inactive 8 27 status upon the approval of the board. Inactive status may be 8 28 requested for a statutory political committee when no officers 8 29 exist and the statutory political committee has ceased to 8 30 function. The request shall be made by the previous treasurer 8 31 or chairperson of the committee and by the appropriate state 8 32 statutory political committee. A statutory political 8 33 committee granted inactive status shall not solicit or expend 8 34 funds in its name until the committee reorganizes and fulfills 8 35 the requirements of a political committee under this chapter. 9 1 Sec. 11. Section 56.13, subsection 2, Code 1995, is 9 2 amended to read as follows: 9 3 2. If a person, other than a political committee, makes 9 4 one or more expenditures in excess of five hundred dollars in 9 5 the aggregate, or incurs indebtedness in excess of five 9 6 hundred dollars in the aggregate, in any one calendar year for 9 7 purposes of supporting or opposing a ballot issue, the person 9 8 shall file a statement of activity within ten days of taking 9 9 the action exceeding the threshold. The statement shall 9 10 contain information identifying the person filing the 9 11 statement, identifying the ballot issue, and indicating the 9 12 position urged by the person with regard to the ballot issue. 9 13 The person shall file reports indicating the dates on which 9 14 the expenditures or incurrence of indebtedness took place; a 9 15 description of the nature of the action taken which resulted 9 16 in the expenditures or debt; and the cost of the promotion at 9 17 fair market value. For a local ballot issue, the reports 9 18 shall be filed five days prior to any election in which the 9 19 ballot issue appears and on the first day of the month 9 20 following the election, as well as on thetwentiethnineteenth 9 21 day of January, May, and July of each year in which the ballot 9 22 issue appears on the ballot and on thetwentiethnineteenth 9 23 day of January and October of each year in which the ballot 9 24 issue does not appear on the ballot. For a statewide ballot 9 25 issue, reports shall be filed on thetwentiethnineteenth day 9 26 of January, May, and July of each year. The reports shall be 9 27 current to five days prior to the filing deadline, and are 9 28 considered timely filed if mailed bearing a United States 9 29 postal service postmark on or before the due date. Filing 9 30 obligations shall cease when the person files a statement of 9 31 discontinuation indicating that the person's financial 9 32 activity in support of or in opposition to the ballot issue 9 33 has ceased. Statements and reports shall be filed with the 9 34 commissioner responsible under section 47.2 for conducting the 9 35 election at which the issue is voted upon, except that reports 10 1 on a statewide ballot issue shall be filed with the board. 10 2 Sec. 12. Section 56.14, Code 1995, is amended to read as 10 3 follows: 10 4 56.14 POLITICALADVERTISEMENTSMATERIAL &endash; SOLICITATIONS 10 5 &endash; YARD SIGNS. 10 6 1. A person who causes the publication or distribution of 10 7 published material designed to promote or defeat the 10 8 nomination or election of a candidate for public office or the 10 9 passage of a constitutional amendment or public measure shall 10 10 include conspicuously on the published material the identity 10 11 and address of the person responsible for the material. If 10 12 the person responsible is an organization, the name of one 10 13 officer of the organization shall appear on the material. 10 14 However, if the organization is a committee which has filed a 10 15 statement of organization under this chapter, only the name of 10 16 the committee is required to be included on the published 10 17 material. Published material designed to promote or defeat 10 18 the nomination or election of a candidate for public office or 10 19 the passage of a constitutional amendment or public measure 10 20 which contains language or depictions which a reasonable 10 21 person would understand as asserting that an entity which is 10 22 incorporated or is a registered committee had authored the 10 23 material shall, if the entity is not incorporated or a 10 24 registered committee, include conspicuously on the published 10 25 material a statement that the apparent organization or 10 26 committee is not incorporated or a registered committee in 10 27 addition to the disclaimer statement required by this section. 10 28 For purposes of this section, "registered committee" means a 10 29 committee which has an active statement of organization filed 10 30 under section 56.5. 10 31 2. This section does not apply to the editorials or news 10 32 articles of a newspaper or magazine which are not political 10 33 advertisements. For the purpose of this section, "published 10 34 material" means any newspaper, magazine, shopper, outdoor 10 35 advertising facility, poster, direct mailing, brochure, or any 11 1 other form of printed general public political advertising; 11 2 however, the identification need not be conspicuous on 11 3 posters. This section does not apply to yard signs, bumper 11 4 stickers, pins, buttons, pens, matchbooks, and similar small 11 5 items upon which the inclusion of the disclaimer would be 11 6 impracticable or to published material which is subject to 11 7 federal regulations regarding a disclaimer requirement. 11 8 3. Yard signs shall not be placed on any property which 11 9 adjoins a city, county, or state roadway sooner than forty- 11 10 five days preceding a primary or general election and shall be 11 11 removed within seven days after the primary or general 11 12 election, in which the name of the particular candidate or 11 13 ballot issue described on the yard sign appears on the ballot. 11 14 Yard signs are subject to removal by highway authorities as 11 15 provided in section 319.13, or by county or city law 11 16 enforcement authorities in a manner consistent with section 11 17 319.13. The placement or erection of yard signs shall be 11 18 exempt from the requirements of chapter 480. Notice may be 11 19 provided to the chairperson of the appropriate county central 11 20 committee if the highway authorities are unable to provide 11 21 notice to the candidate, candidate's committee, or political 11 22 committee regarding the yard sign. 11 23 4. This section does not prohibit the placement of yard 11 24 signs on agricultural land owned by individuals or by a family 11 25 farm operation as defined in section 9H.1, subsections 8, 9, 11 26 and 10; does not prohibit the placement of yard signs on 11 27 property owned by private individuals who have rented or 11 28 leased the property to a corporation, if the prior written 11 29 permission of the property owner is obtained; and does not 11 30 prohibit the placement of yard signs on residential property 11 31 owned by a corporation but rented or leased to a private 11 32 individual if the prior permission of the renter or lessee is 11 33 obtained. For the purposes of this chapter, "agricultural 11 34 land" means agricultural land as defined in section 9H.1. 11 35 Sec. 13. Section 56.15, subsections 1, 2, and 3, Code 12 1 1995, are amended to read as follows: 12 2 1. Except as provided in subsections 3 and 4, it is 12 3 unlawful for an insurance company, savings and loan 12 4 association, bank, credit union, or corporation organized 12 5 pursuant to the laws of this state, the United States, or any 12 6 other state, territory, or foreign country, whether for profit 12 7 or not, or an officer, agent or representative acting for such 12 8 insurance company, savings and loan association, bank, credit 12 9 union, or corporation, to contribute any money, property, 12 10 labor, or thing of value, directly or indirectly, to a 12 11 committee, or for the purpose of influencing the vote of an 12 12 elector, except that such resources may be so expended in 12 13 connection with a utility franchise election held pursuant to 12 14 section 364.2, subsection 4, or a ballot issue. All such 12 15 expenditures are subject to the disclosure requirements of 12 16 this chapter. 12 17 2. Except as provided in subsection 3, it is unlawful for 12 18 a member of a committee, or its employee or representative, 12 19 except a ballot issue committee, or for a candidate for office 12 20 or the representative of the candidate, to solicit, request, 12 21 or knowingly receive from an insurance company, savings and 12 22 loan association, bank, credit union, or corporation organized 12 23 pursuant to the laws of this state, the United States, or any 12 24 other state, territory, or foreign country, whether for profit 12 25 or not, or its officer, agent, or representative, any money, 12 26 property, or thing of value belonging to the insurance 12 27 company, savings and loan association, bank, or corporation 12 28 for campaign expenses, or for the purpose of influencing the 12 29 vote of an elector. This section does not restrain or abridge 12 30 the freedom of the press or prohibit the consideration and 12 31 discussion in the press of candidacies, nominations, public 12 32 officers, or public questions. 12 33 3. It is lawful for an insurance company, savings and loan 12 34 association, bank, credit union, and corporation organized 12 35 pursuant to the laws of this state, the United States, or any 13 1 other state or territory, whether or not for profit, and for 13 2 their officers, agents and representatives, to use the money, 13 3 property, labor, or any other thing of value of the entity for 13 4 the purposes of soliciting its stockholders, administrative 13 5 officers and members for contributions to a committee 13 6 sponsored by that entity and of financing the administration 13 7 of a committee sponsored by that entity. The entity's 13 8 employees to whom the foregoing authority does not extend may 13 9 voluntarily contribute to such a committee but shall not be 13 10 solicited for contributions. All contributions made under 13 11 this subsection are subject to the disclosure requirements of 13 12 this chapter. A committee member, committee employee, 13 13 committee representative, candidate or representative referred 13 14 to in subsection 2 lawfully may solicit, request, and receive 13 15 money, property and other things of value from a committee 13 16 sponsored by an insurance company, savings and loan 13 17 association, bank, credit union, or corporation as permitted 13 18 by this subsection. 13 19 Sec. 14. Section 56.42, subsection 1, paragraph c, Code 13 20 1995, is amended to read as follows: 13 21 c. Transfers to the treasurer of state for deposit in the 13 22 general fund of the state, or to the appropriate treasurer for 13 23 deposit in the general fund of a political subdivision of the 13 24 state. 13 25 Sec. 15. Section 56.43, Code 1995, is amended to read as 13 26 follows: 13 27 56.43 CAMPAIGN PROPERTY. 13 28 1. Equipment, supplies, or other materials purchasedon or13 29after July 1, 1991,with campaign funds or received in-kind 13 30 are campaign property and shall be separately disclosed on 13 31 reports filed pursuant to section 56.6. Campaign property 13 32 belongs to the candidate's committee and not to the candidate. 13 33 2. Upon dissolution of the candidate's committee, a report 13 34 accounting for the disposition of all items of campaign 13 35 property having a residual value of twenty-five dollars or 14 1 more shall be filed with the board. Imprinted materials which 14 2 are specific to a candidate or election are deemed not to have 14 3 a residual value of twenty-five dollars or more. Each item of 14 4 campaign property having a residual value of twenty-five 14 5 dollars or more shall be disposed of by one of the following 14 6 methods: 14 7 a. Sale of the property at fair market value, in which 14 8 case the proceeds shall be treated the same as other campaign 14 9 funds. 14 10 b. Donation of the property under one of the options for 14 11 transferring campaign funds set forth in section 56.42. 14 12 Sec. 16. Section 68B.2, subsection 13, paragraph a, Code 14 13 1995, is amended by striking the paragraph and inserting the 14 14 following: 14 15 a. "Lobbyist" means an individual who, directly or 14 16 indirectly, receives compensation to contact or to make 14 17 efforts in support of contacting a member of the general 14 18 assembly, employees of a state agency or the office of the 14 19 governor, or any statewide elected official, on behalf of a 14 20 client, with regard to the formulation, modification, 14 21 adoption, administration, or execution of legislation, a rule, 14 22 an executive order, program, policy, or official position. 14 23 Sec. 17. Section 68B.7, Code 1995, is amended to read as 14 24 follows: 14 25 68B.7 OTHER ACTIVITIES &endash; TWO-YEAR BAN. 14 26 1. A person who has served as an official, state employee 14 27 of a state agency, member of the general assembly, or 14 28 legislative employee shall not within a period of two years 14 29 after the termination of such service or employmentappeardo 14 30 either of the following: 14 31 a. Appear before the agencyor receive compensationfor 14 32 any services rendered on behalf of any person, firm, 14 33 corporation, or association in relation to any case, 14 34 proceeding, or application with respect to which the person 14 35 was directly concerned and personally participated during the 15 1 period of service or employment. 15 2 b. Receive compensation for any services rendered on 15 3 behalf of any person, firm, corporation, or association in 15 4 relation to any case, proceeding, or application with respect 15 5 to which the person was directly concerned and personally 15 6 participated during the period of service or employment. 15 7 2. A person who has served as the head of or on a 15 8 commission or board of a regulatory agency or as a deputy 15 9 thereof, shall not, within a period of two years after the 15 10 termination of such serviceacceptdo either of the following: 15 11 a. Accept employment with that commission, board, or 15 12 agencyor receive. 15 13 b. Receive compensation for any services rendered on 15 14 behalf of any person, firm, corporation, or association in any 15 15 case, proceedings, or application before the department with 15 16 which the person so served wherein the person's compensation 15 17 is to be dependent or contingent upon any action by such 15 18 agency with respect to any license, contract, certificate, 15 19 ruling, decision, opinion, rate schedule, franchise, or other 15 20 benefit, or in promoting or opposing, directly or indirectly,15 21the passage of bills or resolutions before either house of the15 22general assembly. 15 23 Sec. 18. Section 68B.32, subsection 5, Code 1995, is 15 24 amended to read as follows: 15 25 5. The board shall employ a full-time executivesecretary15 26 director who shall be the board's chief administrative 15 27 officer. The board shall employ or contract for the 15 28 employment of legal counsel notwithstanding section 13.7, and 15 29 any other personnel as may be necessary to carry out the 15 30 duties of the board. The board's legal counsel shall be the 15 31 chief legal officer of the board, and shall advise the board 15 32 on all legal matters relating to the administration of this 15 33 chapter and chapter 56. The state may be represented by the 15 34 board's legal counsel in any civil action regarding the 15 35 enforcement of this chapter or chapter 56, or, at the board's 16 1 request, the state may be represented by the office of the 16 2 attorney general. Notwithstanding section 19A.3, all of the 16 3 board's employees, except for the executivesecretarydirector 16 4 and legal counsel, shall be employed subject to the merit 16 5 system provisions of chapter 19A. The salary of the executive 16 6 director shall be fixed by the board, within the range 16 7 established by the general assembly. The salary of the legal 16 8 counsel shall be fixed by the board, within a salary range 16 9 established by the department of personnel for a position 16 10 requiring similar qualifications and experience. 16 11 Sec. 19. Section 68B.32A, subsection 2, Code 1995, is 16 12 amended to read as follows: 16 13 2. Develop, prescribe, furnish, and distribute any forms 16 14 necessary for the implementation of the procedures contained 16 15 in this chapter and chapter 56 for the filing of reports and 16 16 statements by persons required to file the reports and 16 17 statements under this chapter and chapter 56. 16 18 The board may establish a process to assign signature codes 16 19 to a person or committee for purposes of facilitating an 16 20 electronic filing procedure. The assignment of signature 16 21 codes shall be kept confidential, notwithstanding section 16 22 22.2. 16 23 Sec. 20. Section 68B.32B, subsections 2, 4, and 5, Code 16 24 1995, are amended to read as follows: 16 25 2. The board staff shall review the complaint to determine 16 26 if the complaint is sufficient as to form. If the complaint 16 27 is deficient as to form, the complaint shall be returned to 16 28 the complainant with a statement of the deficiency and an 16 29 explanation describing how the deficiency may be cured. If 16 30 the complaint is sufficient as to form, the complaint shall be 16 31 referred to the chairperson of the board forlegalreview. 16 32 4.Upon completion of legal review, the chairperson of the16 33 The board shallbe advisedreview the complaint and determine 16 34 whether, in the opinion of the legal advisor,the complaint 16 35 states an allegation which is legally sufficient. A legally 17 1 sufficient allegation must allege all of the following: 17 2 a. Facts that would establish a violation of a provision 17 3 of this chapter, chapter 56, or rules adopted by the board. 17 4 b. Facts that would establish that the conduct providing 17 5 the basis for the complaint occurred within three years of the 17 6 complaint. 17 7 c. Facts that would establish that the subject of the 17 8 complaint is a party subject to the jurisdiction of the board. 17 95. After receiving an evaluation of the legal sufficiency17 10of the complaint, the chairperson shall refer the complaint to17 11the board for a formal determination by the board of the legal17 12sufficiency of the allegations contained in the complaint.17 13 Sec. 21. Section 68B.35, subsection 1, Code 1995, is 17 14 amended to read as follows: 17 15 1.The persons specified in subsection 2Statewide elected 17 16 officials and candidates for statewide office shall fileaan 17 17 annual financial statement at times and in the manner provided 17 18 in this section that contains all of the following: 17 19 a. A list of each business, occupation, or profession in 17 20 which the person is engaged and the nature of that business, 17 21 occupation, or profession, unless already apparent. 17 22 b. A list of any other sources of incomeif the source17 23produces more than one thousand dollars annually in gross17 24income. Such sources of income listed pursuant to this 17 25 paragraph may be listed under any of the following categories, 17 26 or under any other categories as may be established by rule: 17 27 (1) Securities. 17 28 (2) Instruments of financial institutions. 17 29 (3) Trusts. 17 30 (4) Real estate. 17 31 (5) Retirement systems. 17 32 (6) Other income categories specified in state and federal 17 33 income tax regulations. 17 34 c. Under the categories identified under paragraph "b", an 17 35 itemization of the specific sources of income, including the 18 1 name, address, and description of the source. In lieu of the 18 2 separate itemization of the sources of income under this 18 3 paragraph, the person may attach a copy of the person's 18 4 federal and state tax returns for the year covered by the 18 5 statement. 18 6 Sec. 22. Section 68B.35, subsection 2, Code 1995, is 18 7 amended by striking the subsection and inserting the 18 8 following: 18 9 2. a. A person who is an executive or administrative head 18 10 of any agency of state government, a deputy executive or 18 11 administrative head or heads of an agency of state government, 18 12 a member of the ethics and campaign disclosure board, or a 18 13 head of a major subunit of a department or independent state 18 14 agency whose position involves a substantial exercise of 18 15 administrative discretion or the expenditure of public funds 18 16 as defined under rules adopted by the board, pursuant to 18 17 chapter 17A, in consultation with the department or agency, 18 18 shall file a financial statement at times and in the manner 18 19 provided in this section that contains all the information 18 20 required in subsection 1, paragraphs "a" and "b", as well as 18 21 an itemization as required in subsection 1, paragraph "c". 18 22 b. Members of the banking board, the credit union review 18 23 board, the economic development board, the employment appeal 18 24 board, the environmental protection commission, the health 18 25 facilities council, the Iowa business investment corporation 18 26 board of directors, the Iowa finance authority, the Iowa 18 27 product development corporation, the Iowa public employees' 18 28 retirement system investment board, the lottery board, the 18 29 natural resource commission, the board of parole, the 18 30 petroleum underground storage tank fund board, the public 18 31 employment relations board, the state racing and gaming 18 32 commission, the state board of regents, the tax review board, 18 33 the transportation commission, the office of consumer 18 34 advocate, the utilities board, and any full-time members of 18 35 other boards and commissions as defined under section 7E.4 who 19 1 receive an annual salary for their service on the board or 19 2 commission, shall file a financial statement at times and in 19 3 the manner provided in this section that contains all the 19 4 information required in subsection 1, paragraphs "a" and "b", 19 5 except that sources of income reported under subsection 1, 19 6 paragraph "b", shall not be reported unless the source 19 7 produces more than one thousand dollars in gross income 19 8 annually. 19 9 c. Members of the general assembly, candidates for the 19 10 general assembly, and legislative employees who are the head 19 11 or deputy head of a legislative agency or whose position 19 12 involves a substantial exercise of administrative discretion 19 13 or the expenditure of public funds shall file a financial 19 14 statement at times and in the manner provided in this section 19 15 that contains all the information required in subsection 1, 19 16 paragraphs "a" and "b", except that sources of income reported 19 17 under subsection 1, paragraph "b", shall not be reported 19 18 unless the source produces more than one thousand dollars in 19 19 gross income annually. 19 20 Sec. 23. Section 68B.35, subsection 5, Code 1995, is 19 21 amended to read as follows: 19 22 5. A candidate for statewide office shall file a financial 19 23 statement with the ethics and campaign disclosure board, a 19 24 candidate for the office of state representative shall file a 19 25 financial statement with the chief clerk of the house of 19 26 representatives, and a candidate for the office of state 19 27 senator shall file a financial statement with the secretary of 19 28 the senate. Statements shall contain information concerning 19 29 the year preceding the year in which the election is to be 19 30 held. The statement shall be filed no later than thirty days 19 31 after thedateearliest of the following applicable dates: 19 32 a. The date on which a person is required to file 19 33 nomination papers for state office under section 43.11, or,19 34if. 19 35 b. The date on which the person is designated as a 20 1 candidate under section 43.23 or 44.13. 20 2 c. The date on which the person is designated as a write- 20 3 in nominee under section 43.66. 20 4 d. The date on which the person is designated by 20 5 convention under section 43.78, 43.109, or 44.11. 20 6 e. The date on which the person's name is certified under 20 7 section 44.2. 20 8 f. The date on which the person filed nomination papers by 20 9 petition under section 45.1. 20 10 g. If the person is a candidate in a special election, as 20 11 soon as practicable after the certification of the name of the 20 12 nominee under section 43.88, but the statement shall be 20 13 postmarked no later than seven days after certification. A 20 14 candidate for state office shall not be required to file the 20 15 statement prior to the date specified for the filing of the 20 16 statement by a respective incumbent official or member of the 20 17 general assembly. The ethics and campaign disclosure board 20 18 shall adopt rules pursuant to chapter 17A providing for the 20 19 filing of the financial statements with the board and for the 20 20 deposit, retention, and availability of the financial 20 21 statements. The ethics committees of the house of 20 22 representatives and the senate shall recommend rules for 20 23 adoption by the respective houses providing for the filing of 20 24 the financial statements with the chief clerk of the house or 20 25 the secretary of the senate and for the deposit, retention, 20 26 and availability of the financial statements. Rules adopted 20 27 shall also include a procedure for notification of candidates 20 28 of the duty to file disclosure statements under this section. 20 29 Sec. 24. TRANSITIONAL PROVISION. Changes or additions to 20 30 reporting requirements contained in section 56.6, subsection 20 31 4, which are made in this Act shall not be construed to 20 32 require reporting of financial activities which took place 20 33 prior to January 1, 1995, if the financial activities which 20 34 took place on or after January 1, 1995, would result in the 20 35 committee exceeding the reporting threshold established for 21 1 particular type of committee. Any activities which took place 21 2 on or after January 1, 1995, shall, however, be reported. 21 3 EXPLANATION 21 4 Section 56.2 is amended to add a definition of the term 21 5 "commissioner", which is used extensively throughout chapter 21 6 56, which provides that the term means the county auditor of 21 7 each county who is otherwise designated commissioner of 21 8 elections by statute. 21 9 The reporting threshold contained in section 56.2 for 21 10 political committees which support or oppose candidates is 21 11 raised from $250 to $500, the same level set for political 21 12 committees which support or oppose ballot issues. 21 13 Candidate's committees are required under the bill to have 21 14 someone other than the candidate act as the committee 21 15 treasurer and political committees are required to have both a 21 16 chairperson and a treasurer under changes made to section 21 17 56.3. Chairpersons and treasurers are required to have 21 18 reached the age of majority at the time of appointment. 21 19 Committees are required under the bill to either have their 21 20 accounts in a financial institution located in Iowa or the 21 21 committee's treasurer is required to be an Iowa resident, but 21 22 both are no longer required under the bill. Committee 21 23 expenditures are required to be remitted to the designated 21 24 recipients within 15 days of the date of the issuance of the 21 25 payment. 21 26 Statements and reports which are filed with the board are 21 27 required to be kept at least five years from the later of 21 28 either the date of the election in which the committee is 21 29 involved or the date of the dissolution of the committee, 21 30 under the changes made to section 56.4. The commissioner is 21 31 required to keep the statements and reports for three years. 21 32 Political committees which support or oppose candidates for 21 33 state or federal office are required to file their statements 21 34 and reports required under state and federal law with the 21 35 board. Currently, federal statements are filed with the 22 1 secretary of state. A political committee which is registered 22 2 and has filed full disclosure reports with the federal 22 3 election commission is allowed to file verified statements 22 4 attesting to those filings and their compliance with state law 22 5 in lieu of filing the federal reports with the board. 22 6 Changes to section 56.5 include a provision that, unless 22 7 formal organization has already taken place, formal committee 22 8 organization is deemed to have occurred as of the date that 22 9 the committee transactions exceeded their reporting threshold. 22 10 Committee names are required to be unique and candidate's 22 11 committee names are to contain the name of the candidate. 22 12 A political committee is prohibited in section 56.5A from 22 13 supporting or opposing only one candidate, except in the case 22 14 of political committees formed to support or oppose judges who 22 15 are standing for retention. 22 16 The filing deadline specified under section 56.6 and 22 17 section 56.13 for financial activity disclosure reports is 22 18 changed from the twentieth to the nineteenth. A postmark 22 19 indicating mailing on the date on or before the deadline will 22 20 still suffice for purposes of meeting the deadline. Under 22 21 other changes to section 56.6, city statutory political 22 22 committees, like state or county statutory political 22 23 committees, are exempted from filing in May and July of a year 22 24 in which no primary or general election is held at that level. 22 25 The content requirements for first financial activity 22 26 disclosure reports that are filed by new committees is changed 22 27 to include a requirement that all financial activity engaged 22 28 in prior to the end of the reporting period, that caused the 22 29 committee to exceed the financial reporting threshold, be 22 30 included in the report, even if the activity took place during 22 31 another calendar year. The bill contains a transition 22 32 provision that indicates that this does not apply to require 22 33 reporting of financial activities which occurred prior to 22 34 January 1, 1995, although if the threshold is crossed as a 22 35 result of those activities, activities since January 1, 1995, 23 1 must be reported. A procedure for certification of 23 2 dissolution of committees is specified, which requires board 23 3 approval of the committee's statement of dissolution and final 23 4 report before the committee is relieved of further filing 23 5 requirements. 23 6 Language is added to section 56.14 which provides that 23 7 entities which are not registered political or candidate's 23 8 committees and which publish materials in support of or 23 9 opposition to a candidate or ballot issue are required to 23 10 indicate their authorship of the materials if a reasonable 23 11 person would believe that a registered political or 23 12 candidate's committee was responsible for the publication. 23 13 County and city law enforcement authorities are given the 23 14 authority to remove yard signs that create impermissible 23 15 obstructions in city and county streets, roads, and highways. 23 16 Section 56.15 is amended to add insurance companies, 23 17 financial institutions, and corporations organized under the 23 18 laws of the United States to the list of corporations 23 19 prohibited from engaging in political activity. 23 20 Section 56.42 is amended to permit candidate's committees 23 21 to, upon dissolution of the committee, transfer remaining 23 22 campaign funds to an appropriate treasurer for deposit in the 23 23 general fund of a political subdivision of the state. 23 24 Section 56.43 is amended to require the separate disclosure 23 25 of materials purchased and materials received in-kind as 23 26 campaign property in the financial activity disclosure reports 23 27 that must be filed by candidate's committees. Imprinted 23 28 materials that are left when a candidate's committee dissolves 23 29 are deemed to have a value of $25 or less and are not required 23 30 to be accounted for upon dissolution of a candidate's 23 31 committee. 23 32 The definition of the term "lobbyist" is partially stricken 23 33 and rewritten to apply only to persons who receive 23 34 compensation for their activities. The activities which are 23 35 covered include more than the direct encouragement of the 24 1 passage, defeat, approval, veto, or modification of 24 2 legislation, a rule, or an executive order by the members of 24 3 the general assembly, a state agency, or any statewide elected 24 4 official. Activities covered include both direct contact and 24 5 efforts on behalf of a client in support of contacting a 24 6 legislator, state agency employees, the governor's office, or 24 7 the office of any statewide elected official with regard to 24 8 the formulation, modification, adoption, administration, or 24 9 execution of legislation, a rule, an executive order, program, 24 10 policy or official position. 24 11 Section 68B.7, which prohibits former state officials, 24 12 employees, legislators, and legislative employees from 24 13 appearances or receiving compensation for services from others 24 14 on matters with which those persons were directly or 24 15 personally involved and which prohibits board or commission 24 16 members, or regulatory agency heads and deputies, from 24 17 accepting employment with or receiving compensation for 24 18 services from others for appearances in front of that agency 24 19 after termination of employment, is rewritten and the 24 20 language, which is contained in that section that prohibits 24 21 board and commission members and regulatory agency heads from 24 22 lobbying the general assembly after termination of service, is 24 23 stricken. A postemployment lobbying activities prohibition 24 24 which would apply to the same persons is contained in section 24 25 68B.5A. 24 26 Section 68B.32 is amended to provide that the board is to 24 27 fix the salaries of the executive director and the legal 24 28 counsel of the ethics and campaign disclosure board. The 24 29 salary range for the director is to be set by the general 24 30 assembly and the salary range for the legal counsel is to be 24 31 the same as for comparable positions in state government. 24 32 Section 68B.32A is amended to permit the ethics and 24 33 campaign disclosure board to establish a process for assigning 24 34 signature codes to persons who are required to file reports 24 35 with the agency. The signature codes are for use in 25 1 electronic filings and are to be kept confidential by the 25 2 board. 25 3 The board complaint process, which is contained in section 25 4 68B.32B, is amended to delete a preliminary staff review of 25 5 complaints for legal sufficiency. Legal sufficiency will, 25 6 instead, be determined by the board under the changes. 25 7 Personal financial disclosure requirements, found in 25 8 section 68B.35, are changed to delete the annual $1,000 25 9 threshold and to require, for statewide elected officials and 25 10 statewide candidates, executive branch agency heads, deputy 25 11 executive branch agency heads, the ethics and campaign 25 12 disclosure board, and persons within executive branch agencies 25 13 who exercise substantial administrative discretion to file an 25 14 itemization of the specific sources of income, including the 25 15 name, address, and description of the source. A tax return 25 16 may be filed in lieu of the itemization. Legislators, 25 17 legislative employees, and certain enumerated board and 25 18 commission members and agencies, who do have to file the 25 19 personal financial disclosure statements, do not have to file 25 20 the itemization or their tax returns and still are subject to 25 21 the $1,000 threshold for the reporting of sources of income. 25 22 The deadlines for the filing of personal financial 25 23 disclosure statements by candidates are amended to reference 25 24 additional methods by which and dates on which a person may 25 25 become a candidate. The changes are qualified to provide, 25 26 however, that no candidate is required to file before the date 25 27 specified for the filing of the statement by an incumbent for 25 28 the same office. 25 29 BACKGROUND STATEMENT 25 30 SUBMITTED BY THE AGENCY 25 31 Section 1 defines "commissioner" for the purpose of the 25 32 chapter, as local candidates and committees are required to 25 33 file at the county level. Many people have expressed 25 34 confusion as to who the "commissioner" is. 25 35 Section 2 brings all "political committees" to a $500 26 1 activity threshold for filing, rather than dividing the 26 2 definition into political committees which support a 26 3 candidate, currently subject to a $250 threshold, a political 26 4 committee which supports ballot issues, currently subject to a 26 5 $500 threshold. The bifurcation is difficult to administer, 26 6 particularly because some political committees support both 26 7 ballot issues and candidates, or a committee initially formed 26 8 to support a ballot issue may later support candidates. 26 9 Section 3 clarifies that a committee must be more than one 26 10 person, with a candidate's committee having at least a 26 11 treasurer separate from the candidate. Treasurers and 26 12 chairpersons of committees must be of majority age. In order 26 13 to have access to financial information, either the treasurer 26 14 or the bank accounts must be in Iowa, but this would no longer 26 15 require both the treasurer and the bank account to be in Iowa. 26 16 Section 4 sets out definitive time periods for the 26 17 retention of campaign reports. The section also corrects a 26 18 reference to the maintaining of federal records by the board. 26 19 Sections 5 through 7 set out in definitive language the 26 20 time at which a committee is "organized". New requirements 26 21 are added to preclude duplication of names and providing for 26 22 easier identification of candidate's committees. 26 23 Clarification of the qualifications and procedures for non- 26 24 Iowa committees which may file verified statements are spelled 26 25 out, to address numerous questions which have arisen. An 26 26 additional requirement is that the out-of-state committee must 26 27 attest that they are filing with the federal election 26 28 commission or with another jurisdiction which has reporting 26 29 requirements substantially similar to those of chapter 56, and 26 30 that the contributed funds are not in violation of Iowa's 26 31 corporate contribution prohibition. 26 32 Section 8 clarifies that there may not be political 26 33 committees which are formed only to support or oppose a single 26 34 candidate, unless it is a judge standing for retention. This 26 35 is consistent with the existing provision that a candidate may 27 1 have only one candidate's committee for the office sought. 27 2 Sections 9 and 10 move the filing deadline up by one day to 27 3 the nineteenth, but then allow a postmark of that due date to 27 4 be evidence of timely filing. This is to conform more closely 27 5 to commonly accepted legal procedure as to timely filing and 27 6 to parallel more commonly understood timely filing provisions, 27 7 such as with income tax filings. Also, provision is made to 27 8 excuse city statutory political committees from filing four 27 9 reports in years in which there are no local general 27 10 elections, similar to the provision excusing state and county 27 11 statutory political committees from filing in off-election 27 12 years. The section also contains a requirement that when a 27 13 committee initially crosses the reporting threshold, the first 27 14 report must report all financial activity from its 27 15 commencement. This provision is phased in through a 27 16 transition provision in section 24. Language is also added to 27 17 clarify that dissolution is not complete until final review of 27 18 a committee's reports. 27 19 Section 11, like sections 9 and 10, moves up the filing 27 20 deadline by one day to the nineteenth, but then allows a 27 21 postmark of that date to suffice for timely filing. 27 22 Section 12 addresses the issue of the use of 27 23 pseudocommittee names, by requiring a statement that the 27 24 apparent entity is not incorporated or is not a registered 27 25 committee. This is deemed necessary to avoid the public 27 26 perception that a legal entity has been formed and supports 27 27 the identified position. Another provision of this section 27 28 provides local law enforcement with jurisdiction to enforce 27 29 sign removal provisions. Currently, while the state highway 27 30 authorities have jurisdiction over signs on state highways, 27 31 there is no provision for county or city enforcement. 27 32 Section 13 includes under the prohibitions against 27 33 corporate political activity any corporation organized 27 34 pursuant to the laws of the United States. While there may 27 35 not be many federally incorporated entities, there may be 28 1 some, such as railroad corporations, and there is no rationale 28 2 for excluding such corporations from the prohibition. 28 3 Section 14 would allow a candidate's committee to donate 28 4 funds to the general funds of other political subdivisions of 28 5 the state, rather than simply the general fund of the state. 28 6 This appears to be particularly appropriate with regard to 28 7 county, local, and school candidates who wish to benefit the 28 8 political subdivision where they reside. 28 9 Section 15 attempts to ease the "campaign property" 28 10 reporting by exempting certain imprinted materials. The 28 11 section clarifies that property received "in-kind" must be 28 12 properly reported and disposed of as required. 28 13 Section 16 sets out a proposed new definition of 28 14 "lobbyist", intended to focus on the activities which the 28 15 public commonly considers to be lobbying, in which 28 16 compensation is the key element. 28 17 Section 17 makes editorial changes to Code section 68B.7 28 18 and removes language regarding a ban on lobbying activity 28 19 which is inconsistent with the more recently enacted ban in 28 20 section 68B.5. 28 21 Section 18 clarifies the title and compensation of board 28 22 staff. Currently the salary of the board director is set by 28 23 the governor. The board believes strongly that in order to 28 24 ensure the independence and credibility of the board and its 28 25 staff, which has the jurisdiction to investigate allegations 28 26 made against the office of the governor, the board itself 28 27 should determine the director's compensation. 28 28 The board is pursuing methods by which persons and 28 29 committees could file reports electronically. While an 28 30 encoded "signature" would be legally sufficient to satisfy the 28 31 Code requirements for a "signed" report, security concerns 28 32 dictate, as provided in section 19, that the assigned 28 33 signature codes be confidential. 28 34 Section 20 streamlines the formal complaint review process, 28 35 by having initial substantive review by the board chairperson, 29 1 and with legal sufficiency determined solely by the board. 29 2 Concern has been expressed that the current three-step review, 29 3 with staff legal review preceding the chairperson's review, 29 4 was unnecessarily cumbersome, and may invest excessive 29 5 discretion in board staff. 29 6 Sections 21 and 22 revise the personal financial disclosure 29 7 requirements for state executive branch employees, officials, 29 8 and candidates. Specific information on the source must be 29 9 revealed, or in lieu thereof, income tax reports provided. 29 10 The ethics and campaign disclosure board will be subject to 29 11 these same requirements. However, members of other boards who 29 12 are currently subject to reporting will continue to report in 29 13 the current, more generic manner. Language addressing the 29 14 requirements for the general assembly is included to provide 29 15 that the filing requirements for the affected legislative 29 16 branch personnel will continue as under current law. 29 17 Section 23 addresses the personal financial disclosure 29 18 reporting deadlines for candidates. The board staff has 29 19 discovered that there are many candidates who become 29 20 candidates in a manner other than currently addressed by 29 21 section 68B.35, subsection 5. These amendments seek to 29 22 identify and provide deadlines for persons becoming candidates 29 23 under any method available by Code. 29 24 LSB 1231DP 76 29 25 lh/sc/14.1
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