Text: HSB00685 Text: HSB00687 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 56.2, Code Supplement 1995, is amended 1 2 by adding the following new subsections: 1 3 NEW SUBSECTION. 2A. "Calendar year" means the time period 1 4 from January 1 through December 31 each year. 1 5 NEW SUBSECTION. 12A. "Election campaign cycle" means the 1 6 time period between any general, contested primary, special, 1 7 or runoff election for a particular office, commencing on the 1 8 day following the previous election for that office, and 1 9 continuing through election day. 1 10 Sec. 2. Section 56.2, subsection 16, Code Supplement 1995, 1 11 is amended to read as follows: 1 12 16. a. "Political committee" means acommittee, but not1 13 formal or informal association of two or more individuals, 1 14 other than a candidate's committee,which acceptsthat, in 1 15 performing any of the following activities, exceeds any of the 1 16 following financial thresholds: 1 17 (1) Accepts contributions for political purposes in excess 1 18 of five hundred dollars in the aggregate, makesin a calendar 1 19 year. 1 20 (2) Makes expenditures for political purposes in excess of 1 21 five hundred dollars in the aggregate, or incursin a calendar 1 22 year. 1 23 (3) Incurs indebtedness for political purposes in excess 1 24 of five hundred dollars in the aggregate inany onea calendar 1 25 yearfor the purpose of supporting or opposing a candidate for1 26public office, or for the purpose of supporting or opposing a1 27ballot issue;. 1 28 b. A "political committee"also means an, provided it has 1 29 exceeded at least one of the financial thresholds in paragraph 1 30 "a", includes but is not limited to any of the following 1 31 entities: 1 32 (1) A committee other than a candidate's committee that 1 33 supports or opposes more than one candidate for public office. 1 34 (2) A committee other than a candidate's committee that 1 35 supports or opposes a ballot issue. 2 1 (3) A formally organized association, lodge, society, 2 2 cooperative, union, fraternity, sorority, educational 2 3 institution, civic organization, labor organization, religious 2 4 organization,orprofessional organization,which accepts2 5contributions in excess of five hundred dollars in the2 6aggregate, makes expenditures in excess of five hundred2 7dollars in the aggregate, or incurs indebtedness in excess of2 8five hundred dollars in the aggregate in any one calendar year2 9for the purpose of supporting or opposing a candidate for2 10public office, or for the purpose of supporting or opposing a2 11ballot issue. "Political committee" also includes a committee2 12which accepts contributions in excess of five hundred dollars2 13in the aggregate, makes expenditures in excess of five hundred2 14dollars in the aggregate, or incurs indebtedness in excess of2 15five hundred dollars in the aggregate in a calendar year to2 16causeor other permanent organization that temporarily engages 2 17 in political activity. 2 18 (4) A formal or informal association of two or more 2 19 individuals that causes the publication or broadcasting of 2 20 materialin which the public policy positions or voting record2 21ofthat a reasonable person would understand to advocate the 2 22 support of or opposition to the election of an identifiable 2 23 candidateis discussed and in which a reasonable person could2 24find commentary favorable or unfavorable to those public2 25policy positions or voting record. 2 26 Sec. 3. Section 56.2, subsection 17, Code Supplement 1995, 2 27 is amended to read as follows: 2 28 17. "Political purpose" or "political purposes" means the 2 29 support or opposition of a candidate or ballot issue, or the 2 30 pursuit of any legislative objectives. 2 31 Sec. 4. Section 56.2, Code Supplement 1995, is amended by 2 32 adding the following new subsection: 2 33 NEW SUBSECTION. 21. "Statewide office" means the office 2 34 of any of the state officers that are listed in section 39.9. 2 35 Sec. 5. NEW SECTION. 56.5B LIMITATIONS ON CONTRIBUTIONS. 3 1 1. A person, political committee, state statutory 3 2 political committee, county statutory political committee, 3 3 city statutory political committee, or national political 3 4 party shall not make contributions that, during any election 3 5 campaign cycle, in the aggregate, exceed the following: 3 6 a. One thousand dollars to any candidate or candidate's 3 7 committee for a statewide office. 3 8 b. Five hundred dollars to any other candidate or 3 9 candidate's committee. 3 10 2. A person or political committee shall not make 3 11 contributions that, during any calendar year, in the 3 12 aggregate, exceed the following: 3 13 a. Five hundred dollars to any state statutory political 3 14 committee. 3 15 b. Five hundred dollars to any county statutory political 3 16 committee. 3 17 c. Five hundred dollars to any city statutory political 3 18 committee. 3 19 3. A candidate for statewide office shall not make 3 20 contribution aggregating more than five thousand dollars to 3 21 the candidate's own committee during any election campaign 3 22 cycle. Any other candidate shall not make contributions 3 23 aggregating more than two thousand five hundred dollars to the 3 24 candidate's own committee during any election campaign cycle. 3 25 4. A candidate, candidate's committee, state statutory 3 26 political committee, county statutory political committee, or 3 27 city statutory political committee shall not knowingly accept 3 28 any contribution in violation of this section. 3 29 5. "Political committee", as used in this section, does 3 30 not include a state statutory political committee, county 3 31 statutory political committee, city statutory political 3 32 committee, or a national political party, unless such a 3 33 committee is expressly mentioned. 3 34 6. For purposes of this section, "election campaign cycle" 3 35 shall be construed to apply separate contribution limits for 4 1 each type of election for a particular office, including 4 2 primary, general, special, and runoff elections. However, if 4 3 a candidate for office does not run in a contested primary, 4 4 the contribution limit for the general election shall apply 4 5 for the time period covering both the primary and general 4 6 elections. 4 7 7. This section shall not apply to contributions to Iowa 4 8 candidates for the United States senate or house of 4 9 representatives, or to any other candidate for federal office. 4 10 8. Prior to the beginning of each calendar year, the 4 11 executive director of the board shall adjust the limits in 4 12 this section according to the most recent consumer price index 4 13 for all urban consumers, published by the United States 4 14 department of labor, bureau of labor statistics. The adjusted 4 15 amount shall be published in the Iowa administrative bulletin. 4 16 Sec. 6. Section 56.13, subsection 1, Code Supplement 1995, 4 17 is amended to read as follows: 4 18 1. Action involving a contribution or expenditure which 4 19 must be reported under this chapter and which is taken by any 4 20 person, candidate's committee or political committee on behalf 4 21 of a candidate, if known and approved by the candidate, shall 4 22 be deemed action by the candidate and reported by the 4 23 candidate's committee. 4 24 a. It shall be presumed that a candidate approves the 4 25 action if the candidate had knowledge of it and failed to file 4 26 a statement of disavowal with the commissioner or board and 4 27 take corrective action within seventy-two hours of the action. 4 28 b. An expenditure made on behalf of a candidate, and which 4 29 is not disavowed by the candidate, shall be deemed a 4 30 contribution to the candidate or candidate's committee, and is 4 31 subject to the limitations and prohibitions in section 56.5B, 4 32 as well as the disclosure requirements of section 56.6. 4 33 c. An expenditure by a candidate's committee can not be 4 34 disavowed by the candidate. 4 35 d. For purposes of this section, a contribution or 5 1 expenditure shall be construed to have been made on behalf of 5 2 a candidate according to the following: 5 3 (1) A contribution or expenditure that conveys a message 5 4 that is reasonably construed to advocate the election of a 5 5 clearly identified candidate may be an action on behalf of 5 6 that candidate, if it does not otherwise qualify as an 5 7 independent expenditure under this section. 5 8 (2) A contribution or expenditure that conveys a message 5 9 that is reasonably construed to advocate the defeat of a 5 10 clearly identified candidate may be an action on behalf of 5 11 that candidate's opponent, if it does not otherwise qualify as 5 12 an independent expenditure under this section. 5 13 1A. a. A person, candidate's committee or political 5 14 committee takingsuchactionindependently of that candidate's5 15committeeinvolving a contribution or expenditure that conveys 5 16 a message that is reasonably construed to advocate the 5 17 election or defeat of a clearly identified candidate shall 5 18 notifythat candidate's committeethe following committees in 5 19 writing within twenty-four hours of taking the action.: 5 20 (1) The candidate's committee, if the contribution or 5 21 expenditure may reasonably be construed to convey a message 5 22 advocating the election of the candidate. 5 23 (2) The committee for the candidate's opponent, if the 5 24 contribution or expenditure may reasonably be construed to 5 25 advocate the defeat of the candidate. 5 26 b. The notification shall provide that candidate's 5 27 committee with the cost of the promotion at fair market value. 5 28 c. A copy of the notification shall be sent to the board. 5 29 1B. Any person who makes expenditures or incurs 5 30 indebtedness, other than incidental expenses incurred in 5 31 performing volunteer work, in support or opposition of a 5 32 candidate for public office shall notify the appropriate 5 33 committee and provide necessary information for disclosure 5 34 reports. 5 35 1C. For purposes of this section, action shall be 6 1 construed to have been taken independently of a candidate's 6 2 committee only if the action was not made with the cooperation 6 3 of, with the prior consent of, in consultation with, or at the 6 4 request or suggestion of any candidate, any candidate's 6 5 committee, or other agent for the candidate. 6 6 a. For purposes of this section, an agent of the candidate 6 7 is any person who has actual oral or written authority, either 6 8 express or implied, to make or to authorize the making of 6 9 expenditures on behalf of a candidate, or any person who has 6 10 been placed in a position within the campaign organization 6 11 where it would reasonably appear that in the ordinary course 6 12 of campaign-related activities, that person may authorize 6 13 activity on behalf of the candidate. 6 14 b. An action will be presumed to be made with the 6 15 cooperation of, with the prior consent of, in consultation 6 16 with, or at the request or suggestion of any candidate, any 6 17 candidate's committee, or other agent for the candidate in the 6 18 following situations: 6 19 (1) When the action is based on information about the 6 20 candidate's plans, projects, or needs, which information is 6 21 provided by the candidate, the candidate's committee, or other 6 22 agent of the candidate. 6 23 (2) When the action involves any arrangement, 6 24 coordination, or direction by the candidate, the candidate's 6 25 committee, or other agent of the candidate prior to the 6 26 action. 6 27 (3) When the action involves any participation by the 6 28 candidate or any person who is or who has been an officer of 6 29 the candidate's committee, or who is or has been receiving 6 30 compensation or reimbursement from the candidate, the 6 31 candidate's committee, or other agent of the candidate. 6 32 1D. Any expenditure which is part of an action that is 6 33 deemed not to have been taken independently of the candidate, 6 34 candidate's committee, or other agent of the candidate shall 6 35 be considered a contribution for the purpose of contribution 7 1 limitations and prohibitions. All reporting requirements 7 2 shall apply to such contributions. 7 3 1E. Any expenditure by a candidate's committee shall not 7 4 be construed to be an independent expenditure under this 7 5 section. 7 6 Sec. 7. Section 56.15, Code Supplement 1995, is amended by 7 7 adding the following new subsection: 7 8 NEW SUBSECTION. 4A. It shall be unlawful for any person 7 9 to utilize, with regard to employees or members, a payroll 7 10 deduction, partial donation of member dues or fees, or any 7 11 other automatic means of contribution intended for support of 7 12 political purposes. A person who seeks financial support for 7 13 any political purpose must affirmatively solicit and receive 7 14 individual contributions from employees or members in a method 7 15 separate from any regular monetary transfer between the person 7 16 and the employee or member. 7 17 Sec. 8. EFFECTIVE DATE. This Act takes effect January 1, 7 18 1997. 7 19 EXPLANATION 7 20 This bill adds individual and political committee 7 21 contribution limits to the campaign finance chapter of the 7 22 Iowa Code. Section 5 of the bill prohibits a person, 7 23 political party, or political committee from contributing more 7 24 than $1,000 to a candidate for statewide office or $500 to any 7 25 other candidate during any election campaign cycle. The bill 7 26 also prohibits a person or political committee from 7 27 contributing more than $500 to a city, county, or state 7 28 statutory political committee during any calendar year. 7 29 "Calendar year", "statewide office", "election campaign 7 30 cycle", and "political purpose", are defined in sections 1, 3, 7 31 and 4. A contested primary is considered a separate election 7 32 campaign cycle, distinct from the general election. 7 33 Section 5 also provides that these limits do not apply to 7 34 contributions to candidates for the United States senate, 7 35 house of representatives, or other federal office, and that 8 1 the limitations will be adjusted annually according to the 8 2 consumer price index. 8 3 Section 2 reorganizes and restates the existing definition 8 4 for political committee. 8 5 Section 6 adds subsections to the Code section pertaining 8 6 to independent expenditures. These new subsections further 8 7 define when an expenditure or contribution will be deemed 8 8 independent of a candidate's committee, and therefore not 8 9 subject to the contribution limitations added in section 5. 8 10 These provisions are modeled after federal regulations dealing 8 11 with independent expenditures. 8 12 Section 7 adds a prohibition for any person using payroll 8 13 deductions, dues contributions, or other automatic means of 8 14 financing political activities. All contributions sought from 8 15 employees or members must be solicited and received apart from 8 16 any regular monetary transfer between the person and the 8 17 employee or member. 8 18 Finally, section 8 provides for an effective date of 8 19 January 1, 1997, to allow for completion of the current 8 20 election cycle prior to application of the new contribution 8 21 limits. 8 22 LSB 4213YC 76 8 23 jls/cf/24.1
Text: HSB00685 Text: HSB00687 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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