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Text: HSB00298                          Text: HSB00300
Text: HSB00200 - HSB00299               Text: HSB Index
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House Study Bill 299

Conference Committee Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  56.12B  LIMITATIONS ON
  1  2 CONTRIBUTIONS.
  1  3    1.  A person, other than a political action committee,
  1  4 shall not make contributions to a candidate in excess of a
  1  5 total of one thousand dollars in any one election.
  1  6    2.  A political action committee shall not make
  1  7 contributions to a candidate in excess of a total of five
  1  8 thousand dollars in any one election.
  1  9    3.  The total contributions received by a candidate from
  1 10 political action committees in any one reporting period shall
  1 11 not exceed one-third of the total contributions received by
  1 12 the candidate in that reporting period.  If a candidate
  1 13 receives contributions from a political action committee which
  1 14 causes the candidate's total political action committee
  1 15 receipts to exceed one-third of total receipts for the
  1 16 reporting period, the candidate shall return all or any
  1 17 portion of the contribution to the political action committee
  1 18 which causes the candidate to exceed the limitation.
  1 19    4.  For purposes of this section "political action
  1 20 committee" means a political committee, other than a state
  1 21 statutory political committee, a county statutory political
  1 22 committee, or a national political party.
  1 23    5.  For purposes of this section, primary elections and
  1 24 general elections shall be treated as separate elections and
  1 25 any contribution made to a candidate in a year preceding the
  1 26 calendar year in which the election is held is considered to
  1 27 be made during the calendar year in which the election is
  1 28 held.  However, a contribution to a candidate that is made
  1 29 after an election is held may be applied to campaign debts for
  1 30 that election if the person making the contribution has not
  1 31 exceeded the limits established for the person in this section
  1 32 for that election and the person designates the contributions
  1 33 as applying to the election debt.
  1 34    6.  For purposes of the limitations contained in this
  1 35 section, all contributions made by political action committees
  2  1 established, financed, maintained, or controlled by any person
  2  2 other than an individual, including contributions made by any
  2  3 parent, subsidiary, branch, division, department, or local
  2  4 unit of the person or by any group of such persons, shall be
  2  5 considered to be made by a single political action committee.
  2  6 However, this subsection shall not be construed to limit
  2  7 transfers of funds between political action committees if the
  2  8 funds are raised through joint fund raising efforts.  In any
  2  9 case in which a person, other than an individual, and any of
  2 10 the person's subsidiaries, branches, divisions, departments,
  2 11 or local units establish, finance, maintain, or control more
  2 12 than one separate, segregated fund, all of the separate,
  2 13 segregated funds shall be treated as a single, separate,
  2 14 segregated fund.
  2 15    Sec. 2.  Section 68B.2, subsection 13, paragraph a, Code
  2 16 1995, is amended by striking the paragraph and inserting in
  2 17 lieu thereof the following:
  2 18    a.  "Lobbyist" means an individual who meets either of the
  2 19 following criteria:
  2 20    (1)  The person receives compensation to directly or
  2 21 indirectly contact or to directly or indirectly make efforts
  2 22 in support of contacting a member of the general assembly,
  2 23 employees of a state agency or the office of the governor, or
  2 24 any statewide elected official, on behalf of a client, with
  2 25 regard to the formulation, modification, adoption,
  2 26 administration, or execution of legislation, a state law, a
  2 27 rule, agency action as defined under section 17A.2, an
  2 28 executive order, or an official position.
  2 29    (2)  The person represents the position of a federal,
  2 30 state, or local government agency, in which the person serves
  2 31 or is employed as the designated representative, for purposes
  2 32 of making contacts with members of the general assembly,
  2 33 employees of a state agency or the office of the governor, or
  2 34 any statewide elected official with regard to the formulation,
  2 35 modification, adoption, administration, or execution of
  3  1 legislation, a state law, a rule, agency action as defined
  3  2 under section 17A.2, an executive order, or an official
  3  3 position.
  3  4    (3)  The person is a designated representative of an
  3  5 organization which is formed for, or has as one of its
  3  6 purposes, the influencing of the formulation, modification,
  3  7 adoption, administration, or execution of legislation, a state
  3  8 law, a rule, an agency action as defined under section 17A.2,
  3  9 an executive order, or an official position.
  3 10    Sec. 3.  Section 68B.35, subsection 1, Code 1995, is
  3 11 amended to read as follows:
  3 12    1.  The persons specified in subsection 2 Except as
  3 13 otherwise provided in subsection 1A, statewide elected
  3 14 officials and candidates for statewide office shall file a an
  3 15 annual financial statement at times and in the manner provided
  3 16 in this section that contains all of the following:
  3 17    a.  A list of each business, occupation, or profession in
  3 18 which the person is engaged and the nature of that business,
  3 19 occupation, or profession, unless already apparent.
  3 20    b.  A list of any other sources of income if the source
  3 21 produces more than one thousand dollars annually in gross
  3 22 income.  Such sources of income listed pursuant to this
  3 23 paragraph may be listed under any of the following categories,
  3 24 or under any other categories as may be established by rule:
  3 25    (1)  Securities.
  3 26    (2)  Instruments of financial institutions.
  3 27    (3)  Trusts.
  3 28    (4)  Real estate.
  3 29    (5)  Retirement systems.
  3 30    (6)  Other income categories specified in state and federal
  3 31 income tax regulations.
  3 32    c.  Under the categories identified under paragraph "b", an
  3 33 itemization of the specific sources of income, including the
  3 34 name, address, and description of the source.  In lieu of the
  3 35 separate itemization of the sources of income under this
  4  1 paragraph, the person may attach a copy of the person's
  4  2 federal and state tax returns for the year covered by the
  4  3 statement.
  4  4    Sec. 4.  Section 68B.35, Code 1995, is amended by adding
  4  5 the following new subsection:
  4  6    NEW SUBSECTION.  1A.  In a year in which a statewide
  4  7 elected official or candidate for statewide office is standing
  4  8 for election, the official or candidate shall in addition to
  4  9 the financial statement required in subsection 1, disclose the
  4 10 following additional information at times and in the manner
  4 11 provided in this subsection:
  4 12    a.  A list of all assets and their corresponding values
  4 13 which are held either separately by the official or candidate
  4 14 or jointly with a member of the official's or candidate's
  4 15 immediate family.  The assets and their values listed pursuant
  4 16 to this paragraph may be listed under any of the following
  4 17 categories, or any other categories as may be established by
  4 18 rule:
  4 19    (1)  Cash held in any checking or savings accounts.
  4 20    (2)  Stocks, bonds, or other securities.
  4 21    (3)  Life insurance policies held, including any cash,
  4 22 dividend, or surrender values.
  4 23    (4)  Commercial real estate holdings or ownership
  4 24 interests.
  4 25    (5)  Residential real estate holdings or ownership
  4 26 interests.
  4 27    (6)  Personal property.
  4 28    The values reported for any commercial or residential real
  4 29 estate held shall be the adjusted values used for the
  4 30 assessment of property tax on the property.
  4 31    b.  A list of all liabilities and their corresponding
  4 32 values which are owed either separately by the official or
  4 33 candidate or jointly with a member of the official's or
  4 34 candidate's immediate family.  The liabilities and their
  4 35 values listed pursuant to this paragraph may be listed under
  5  1 any of the following categories, or any other categories as
  5  2 may be established by rule:
  5  3    (1)  Personal unsecured loans.
  5  4    (2)  Secured loans.
  5  5    (3)  Mortgages on commercial or residential real estate.
  5  6    (4)  Liens against real estate.
  5  7    (5)  Outstanding judgments.
  5  8    If a loan or mortgage is secured by a particular piece of
  5  9 property or a lien is against a particular piece of property,
  5 10 the property obligated shall also be listed together with the
  5 11 amount owed.
  5 12    Sec. 5.  Section 68B.35, subsection 2, Code 1995, is
  5 13 amended by striking the subsection and inserting in lieu
  5 14 thereof the following:
  5 15    2.  a.  A person who is an executive or administrative head
  5 16 of an agency of state government, a deputy executive or
  5 17 administrative head of an agency of state government, or a
  5 18 head of a major subunit of an agency or independent state
  5 19 agency whose position involves a substantial exercise of
  5 20 administrative discretion or the expenditure of public funds
  5 21 as defined under rules adopted by the board, pursuant to
  5 22 chapter 17A, in consultation with the agency, shall file a
  5 23 financial statement at times and in the manner provided in
  5 24 this section that contains all the information required in
  5 25 subsection 1, paragraphs "a" and "b", as well as an
  5 26 itemization as required in subsection 1, paragraph "c".
  5 27    b.  Members of the banking board, the credit union review
  5 28 board, the economic development board, the employment appeal
  5 29 board, the environmental protection commission, the ethics and
  5 30 campaign disclosure board, the health facilities council, the
  5 31 Iowa business investment corporation board of directors, the
  5 32 Iowa finance authority, the Iowa product development
  5 33 corporation, the Iowa public employees' retirement system
  5 34 investment board, the lottery board, the natural resource
  5 35 commission, the board of parole, the petroleum underground
  6  1 storage tank fund board, the public employment relations
  6  2 board, the state racing and gaming commission, the state board
  6  3 of regents, the tax review board, the transportation
  6  4 commission, the office of consumer advocate, the utilities
  6  5 board, and any full-time members of other boards and
  6  6 commissions and defined under section 7E.4 who receive an
  6  7 annual salary for their service on the board or commission,
  6  8 shall file a financial statement at times and in the manner
  6  9 provided in this section that contains all the information
  6 10 required in subsection 1, paragraphs "a" and "b".
  6 11    c.  Members of the general assembly, candidates for the
  6 12 general assembly, and legislative employees who are the head
  6 13 or deputy head of a legislative agency or whose position
  6 14 involves a substantial exercise of administrative discretion
  6 15 or the expenditure of public funds shall file a financial
  6 16 statement at times and in the manner provided in this section
  6 17 that contains all the information required in subsection 1,
  6 18 paragraphs "a" and "b".
  6 19    Sec. 6.  Section 68B.37, subsection 1, Code 1995, is
  6 20 amended by adding the following new paragraph:
  6 21    NEW PARAGRAPH.  e.  An accounting of all salaries, fees,
  6 22 and retainers paid to the lobbyist by the client for purposes
  6 23 of making contacts with regard to the formulation,
  6 24 modification, adoption, administration, or execution of
  6 25 legislation, a state law, a rule, agency action as defined
  6 26 under section 17A.2, an executive order, or an official
  6 27 position.  
  6 28                           EXPLANATION
  6 29    This bill establishes limits on total contributions that
  6 30 may be made by individuals and political action committees to
  6 31 a candidate during an election.  Individuals are limited to
  6 32 total contributions of $1,000 per election.  Political action
  6 33 committees, which are defined as political committees other
  6 34 than state or county statutory political committees or
  6 35 national political parties, are limited to total contributions
  7  1 of $5,000 per election.  In addition, candidates are not
  7  2 permitted to receive more than one-third of the amount of
  7  3 contributions received in a reporting period from political
  7  4 action committees.  If a candidate receives excess political
  7  5 action committee contributions during a reporting period, the
  7  6 candidate is to return the moneys to the political action
  7  7 committee.  Primary and general elections are treated as
  7  8 separate elections.  Contributions made by a parent or
  7  9 subsidiary of a political action committee are treated as made
  7 10 by the political action committee.
  7 11    The definition of the term "lobbyist" is partially stricken
  7 12 and that portion rewritten to apply to persons who receive
  7 13 compensation for their activities, to agency liaisons, and to
  7 14 designated representatives of certain organizations.  The
  7 15 activities which are covered include more than the direct
  7 16 encouragement of the passage, defeat, approval, veto, or
  7 17 modification of legislation, a rule, or an executive order by
  7 18 the members of the general assembly, a state agency, or any
  7 19 statewide elected official.  Activities covered include direct
  7 20 contact and efforts in support of contacting a legislator,
  7 21 state agency employees, the governor's office, or the office
  7 22 of any statewide elected official with regard to the
  7 23 formulation, modification, adoption, administration, or
  7 24 execution of legislation, a state law, a rule, agency action,
  7 25 an executive order, or an official position.
  7 26    Personal financial disclosure requirements, found in
  7 27 section 68B.35, are changed to delete the annual $1,000
  7 28 threshold and to require, for statewide elected officials and
  7 29 statewide candidates, executive branch agency heads, deputy
  7 30 executive branch agency heads, and persons within executive
  7 31 branch agencies who exercise substantial administrative
  7 32 discretion, to file an itemization of the specific sources of
  7 33 income, including the name, address, and description of the
  7 34 source.  A tax return may be filed in lieu of the itemization.
  7 35 Legislators, legislative candidates, legislative employees,
  8  1 and certain enumerated board and commission members, who do
  8  2 have to file the personal financial disclosure statements, do
  8  3 not have to file the itemization or their tax returns.
  8  4 Additionally, in any year in which a statewide elected
  8  5 official or candidate for statewide office stands for
  8  6 election, the official or candidate must file, in addition to
  8  7 the regular financial disclosure statement, a financial
  8  8 statement listing all assets and liabilities held by the
  8  9 official or candidate and members of the official's or
  8 10 candidate's immediate family.
  8 11    A provision is added to the lobbyist reporting section
  8 12 which requires an accounting of all salaries, fees, and
  8 13 retainers paid to the lobbyist by each of their clients.
  8 14 Clients are currently reporting this information.  
  8 15 LSB 1589XL 76
  8 16 lh/sc/14.2
     

Text: HSB00298                          Text: HSB00300
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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