Text: HSB00162 Text: HSB00164 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.32, subsection 5, Code 1995, is 14 13 amended to read as follows: 14 14 5. The board shall employ a full-time executivesecretary14 15 director who shall be the board's chief administrative 14 16 officer. The board shall employ or contract for the 14 17 employment of legal counsel notwithstanding section 13.7, and 14 18 any other personnel as may be necessary to carry out the 14 19 duties of the board. The board's legal counsel shall be the 14 20 chief legal officer of the board, and shall advise the board 14 21 on all legal matters relating to the administration of this 14 22 chapter and chapter 56. The state may be represented by the 14 23 board's legal counsel in any civil action regarding the 14 24 enforcement of this chapter or chapter 56, or, at the board's 14 25 request, the state may be represented by the office of the 14 26 attorney general. Notwithstanding section 19A.3, all of the 14 27 board's employees, except for the executivesecretarydirector 14 28 and legal counsel, shall be employed subject to the merit 14 29 system provisions of chapter 19A. The salary of the executive 14 30 director shall be fixed by the board, within the range 14 31 established by the general assembly. The salary of the legal 14 32 counsel shall be fixed by the board, within a salary range 14 33 established by the department of personnel for a position 14 34 requiring similar qualifications and experience. 14 35 Sec. 17. Section 68B.32A, subsection 2, Code 1995, is 15 1 amended to read as follows: 15 2 2. Develop, prescribe, furnish, and distribute any forms 15 3 necessary for the implementation of the procedures contained 15 4 in this chapter and chapter 56 for the filing of reports and 15 5 statements by persons required to file the reports and 15 6 statements under this chapter and chapter 56. 15 7 The board may establish a process to assign signature codes 15 8 to a person or committee for purposes of facilitating an 15 9 electronic filing procedure. The assignment of signature 15 10 codes shall be kept confidential, notwithstanding section 15 11 22.2. 15 12 Sec. 18. TRANSITIONAL PROVISION. Changes or additions to 15 13 reporting requirements contained in section 56.6, subsection 15 14 4, which are made in this Act shall not be construed to 15 15 require reporting of financial activities which took place 15 16 prior to January 1, 1995, if the financial activities which 15 17 took place on or after January 1, 1995, would result in the 15 18 committee exceeding the reporting threshold established for 15 19 particular type of committee. Any activities which took place 15 20 on or after January 1, 1995, shall, however, be reported. 15 21 EXPLANATION 15 22 Section 56.2 is amended to add a definition of the term 15 23 "commissioner", which is used extensively throughout chapter 15 24 56, which provides that the term means the county auditor of 15 25 each county who is otherwise designated commissioner of 15 26 elections by statute. 15 27 The reporting threshold contained in section 56.2 for 15 28 political committees which support or oppose candidates is 15 29 raised from $250 to $500, the same level set for political 15 30 committees which support or oppose ballot issues. 15 31 Candidate's committees are required under the bill to have 15 32 someone other than the candidate act as the committee 15 33 treasurer and political committees are required to have both a 15 34 chairperson and a treasurer under changes made to section 15 35 56.3. Chairpersons and treasurers are required to have 16 1 reached the age of majority at the time of appointment. 16 2 Committees are required under the bill to either have their 16 3 accounts in a financial institution located in Iowa or the 16 4 committee's treasurer is required to be an Iowa resident, but 16 5 both are no longer required under the bill. Committee 16 6 expenditures are required to be remitted to the designated 16 7 recipients within 15 days of the date of the issuance of the 16 8 payment. 16 9 Statements and reports which are filed with the board are 16 10 required to be kept at least five years from the later of 16 11 either the date of the election in which the committee is 16 12 involved or the date of the dissolution of the committee, 16 13 under the changes made to section 56.4. The commissioner is 16 14 required to keep the statements and reports for three years. 16 15 Political committees which support or oppose candidates for 16 16 state or federal office are required to file their statements 16 17 and reports required under state and federal law with the 16 18 board. Currently, federal statements are filed with the 16 19 secretary of state. A political committee which is registered 16 20 and has filed full disclosure reports with the federal 16 21 election commission is allowed to file verified statements 16 22 attesting to those filings and their compliance with state law 16 23 in lieu of filing the federal reports with the board. 16 24 Changes to section 56.5 include a provision that, unless 16 25 formal organization has already taken place, formal committee 16 26 organization is deemed to have occurred as of the date that 16 27 the committee transactions exceeded their reporting threshold. 16 28 Committee names are required to be unique and candidate's 16 29 committee names are to contain the name of the candidate. 16 30 A political committee is prohibited in section 56.5A from 16 31 supporting or opposing only one candidate, except in the case 16 32 of political committees formed to support or oppose judges who 16 33 are standing for retention. 16 34 The filing deadline specified under section 56.6 and 16 35 section 56.13 for financial activity disclosure reports is 17 1 changed from the twentieth to the nineteenth. A postmark 17 2 indicating mailing on the date on or before the deadline will 17 3 still suffice for purposes of meeting the deadline. Under 17 4 other changes to section 56.6, city statutory political 17 5 committees, like state or county statutory political 17 6 committees, are exempted from filing in May and July of a year 17 7 in which no primary or general election is held at that level. 17 8 The content requirements for first financial activity 17 9 disclosure reports that are filed by new committees is changed 17 10 to include a requirement that all financial activity engaged 17 11 in prior to the end of the reporting period, that caused the 17 12 committee to exceed the financial reporting threshold, be 17 13 included in the report, even if the activity took place during 17 14 another calendar year. The bill contains a transition 17 15 provision that indicates that this does not apply to require 17 16 reporting of financial activities which occurred prior to 17 17 January 1, 1995, although if the threshold is crossed as a 17 18 result of those activities, activities since January 1, 1995, 17 19 must be reported. A procedure for certification of 17 20 dissolution of committees is specified, which requires board 17 21 approval of the committee's statement of dissolution and final 17 22 report before the committee is relieved of further filing 17 23 requirements. 17 24 Language is added to section 56.14 which provides that 17 25 entities which are not registered political or candidate's 17 26 committees and which publish materials in support of or 17 27 opposition to a candidate or ballot issue are required to 17 28 indicate their authorship of the materials if a reasonable 17 29 person would believe that a registered political or 17 30 candidate's committee was responsible for the publication. 17 31 County and city law enforcement authorities are given the 17 32 authority to remove yard signs that create impermissible 17 33 obstructions in city and county streets, roads, and highways. 17 34 Section 56.15 is amended to add insurance companies, 17 35 financial institutions, and corporations organized under the 18 1 laws of the United States to the list of corporations 18 2 prohibited from engaging in political activity. 18 3 Section 56.42 is amended to permit candidate's committees 18 4 to, upon dissolution of the committee, transfer remaining 18 5 campaign funds to an appropriate treasurer for deposit in the 18 6 general fund of a political subdivision of the state. 18 7 Section 56.43 is amended to require the separate disclosure 18 8 of materials purchased and materials received in-kind as 18 9 campaign property in the financial activity disclosure reports 18 10 that must be filed by candidate's committees. Imprinted 18 11 materials that are left when a candidate's committee dissolves 18 12 are deemed to have a value of $25 or less and are not required 18 13 to be accounted for upon dissolution of a candidate's 18 14 committee. 18 15 Section 68B.32 is amended to provide that the board is to 18 16 fix the salaries of the executive director and the legal 18 17 counsel of the ethics and campaign disclosure board. The 18 18 salary range for the director is to be set by the general 18 19 assembly and the salary range for the legal counsel is to be 18 20 the same as for comparable positions in state government. 18 21 Section 68B.32A is amended to permit the ethics and 18 22 campaign disclosure board to establish a process for assigning 18 23 signature codes to persons who are required to file reports 18 24 with the agency. The signature codes are for use in 18 25 electronic filings and are to be kept confidential by the 18 26 board. 18 27 LSB 2162HC 76 18 28 lh/sc/14
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