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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. a. "Election campaign cycle" means 1 6 the time period between elections for a particular office, 1 7 commencing on January 1 immediately subsequent to the election 1 8 for that office, and continuing through December 31 following 1 9 the next election for that office. 1 10 b. Notwithstanding the time period described in paragraph 1 11 "a", for a special election, the election campaign cycle 1 12 commences when the organization statement required by section 1 13 56.5 is filed by the candidate's committee, or when the first 1 14 disclosure statement is required to be filed under section 1 15 56.6, whichever filing is earlier. 1 16 c. Notwithstanding the time period described in paragraph 1 17 "a", for a runoff election, the election campaign cycle 1 18 continues until the date of the next filing of a disclosure 1 19 statement, required under section 56.6, after the runoff 1 20 election. 1 21 Sec. 2. Section 56.18, Code 1995, is amended to read as 1 22 follows: 1 23 56.18 CHECKOFF – INCOME TAX. 1 24 1. A person whose state income tax liability for any 1 25 taxable year isone dollartwo dollars and fifty cents or more 1 26 may direct thatone dollartwo dollars and fifty cents of that 1 27 liability be paid over to the Iowa election campaign fund when 1 28 submitting the person's state income tax return to the 1 29 department of revenue and finance. In the case of a joint 1 30 return of husband and wife having a state income tax liability 1 31 ofthreefive dollars or more, each spouse may direct thatone1 32dollartwo dollars and fifty cents be paid to the fund. 1 33 2. The director of revenue and finance shall draft the 1 34 income taxformforms to provide spaceson the tax return1 35 which the taxpayer may use to designate that contributions 2 1 made under this section be credited toa specified political2 2party as defined by section 43.2, or tothe Iowa election 2 3 campaign fundas a contributionto beshared by all such2 4political partiesgiven as a grant to certain candidates in 2 5 the manner prescribed by section 56.19. The form shall inform 2 6 the taxpayerof the consequences of the choices provided under2 7this section, but this information may be contained in a2 8footnote or other suitable form if the director of revenue and2 9finance finds it is not feasible to place the information2 10immediately above the signature linethat the checkoff will 2 11 not increase the taxpayer's liability or decrease the 2 12 taxpayer's refund, if any, and that funds directed to the Iowa 2 13 election campaign fund will be used to give grants for certain 2 14 election campaigns specified by statute, and that candidates 2 15 accepting such grants must agree to limit their campaign 2 16 expenditures to a certain dollar amount, according to the 2 17 statutory maximums established for each office. 2 18 3. The action taken by a person for the checkoff is 2 19 irrevocable. 2 20 Sec. 3. Section 56.19, Code Supplement 1995, is amended to 2 21 read as follows: 2 22 56.19 IOWA ELECTION CAMPAIGN FUNDCREATED. 2 23 1. The "Iowa election campaign fund" is created within the 2 24 office of the treasurer of state. The fund shall consist of 2 25 funds paid by persons as provided in section 56.18.The2 26treasurer of state shall maintain within the fund a separate2 27account for each political party as defined in section 43.2.2 28 The director of revenue and finance shall remit funds 2 29 collected as provided in section 56.18 to the treasurer of 2 30 state who shall deposit such funds in theappropriate account2 31within theIowa election campaign fund.All contributions2 32directed to the Iowa election campaign fund by taxpayers who2 33do not designate any one political party to receive their2 34contributions shall be divided by the director of revenue and2 35finance equally among each account currently maintained in the3 1fund. However, at any time when more than two accounts are3 2being maintained within the fund contributions to the fund by3 3taxpayers who do not designate any one political party to3 4receive their contributions shall be divided among the3 5accounts in the same proportion as the number of registered3 6voters declaring affiliation with each political party for3 7which an account is maintained bears to the total number of3 8registered voters who have declared an affiliation with a3 9political party.Any interest income received by the 3 10 treasurer of state from investment of moneys deposited in the 3 11 fund shall be deposited in the Iowa election campaign fund. 3 12 2. Such funds shall be subject to paymentto the3 13chairperson of the specified political partyby the director 3 14 of revenue and finance in the manner provided by section 3 15 56.22. 3 16 Sec. 4. Section 56.21, Code 1995, is amended to read as 3 17 follows: 3 18 56.21FUNDSGRANTS – EXPENDITURE AGREEMENT. 3 19 1.Any candidateCertain candidates for a partisan public 3 20 office, except as otherwise provided by section 56.17,3 21subsection 2,in a general election as specified in section 3 22 56.22 may receivecampaign fundsa grant from the Iowa 3 23 election campaign fundthrough the state central committee of3 24the candidate's political party. However, the state central3 25committee of each political party shall have discretion which3 26of the party's candidates for public office shall be allocated3 27campaign funds out of money received by that party from the3 28Iowa election campaign fundfor the campaign for the general 3 29 election in the amount specified by statute, provided that the 3 30 following conditions are met: 3 31 a. The candidate signs and abides by a formal statement 3 32 agreeing not to exceed the statutory limitations on campaign 3 33 expenditures set forth in section 56.25. 3 34 b. The candidate has either won the primary election of 3 35 that candidate's political party, or has been nominated to be 4 1 on the ballot for the general election by a political party, 4 2 as that term is defined within section 43.2. 4 3 2. The candidate must sign the statement under oath, and 4 4 comply with all terms and conditions set forth in the 4 5 statement. Any candidate, whether or not competing in a 4 6 contested primary, who fails to file the statement in 4 7 conjunction with the first disclosure statement due from the 4 8 candidate's committee following the primary election shall be 4 9 ineligible for a grant from the Iowa election campaign fund. 4 10 3. Upon filing the statement, the candidate shall be bound 4 11 by the terms and conditions of the agreement, and shall not 4 12 withdraw from the obligations imposed by the agreement. 4 13 4. If a candidate who has accepted a grant from the Iowa 4 14 election campaign fund makes expenditures in excess of the 4 15 limits in section 56.25, the candidate shall be liable for a 4 16 civil penalty payable to the Iowa election campaign fund in an 4 17 amount equal to three times the amount of the excess 4 18 expenditure. 4 19 5. A candidate accepting a grant from the Iowa election 4 20 campaign fund shall not contribute or loan to that candidate's 4 21 committee a sum or sums that in the aggregate exceed five 4 22 percent of the total amount that candidate is permitted to 4 23 expend during the election campaign cycle, according to the 4 24 limits set forth in section 56.25. 4 25 6. Notwithstanding the provisions of this section and any 4 26 agreement signed under oath by a candidate prior to accepting 4 27 a grant from the Iowa election campaign fund, a candidate 4 28 whose opponent in the general election has not signed a 4 29 statement under oath agreeing to abide by the expenditure 4 30 limitations in section 56.25 is not bound to the expenditure 4 31 limits set forth in section 56.25. 4 32 Sec. 5. Section 56.22, Code 1995, is amended to read as 4 33 follows: 4 34 56.22 DISTRIBUTION OFCAMPAIGNFUND MONEYS – RESTRICTIONS 4 35 ON USE. 5 1 1. The money accumulated in the Iowa election campaign 5 2 fundto the account of each political party in the stateshall 5 3 be remitted tothe party on the first business day of each5 4monthcandidates, as specified in section 56.21, by warrant of 5 5 the director of revenue and finance drawn upon the fundin5 6favor of the state chairperson of that party. The money 5 7 received by eachpolitical party under this sectioncandidate 5 8 shall be used as directed bythe party's state statutory5 9political committeesection 56.23, and according to rules 5 10 adopted by the board. 5 11 2. Funds shall be distributed tostatutory political5 12committees pursuant to this chapter shall not be used to5 13support or oppose the nomination of any candidate. Nothing in5 14this subsection shall be construed to prohibit a statutory5 15political committee from using such funds to pay expenses5 16incurred in arranging and holding a nominating convention.5 17 candidates for the general election according to the following 5 18 schedule: 5 19 a. Candidates for the Iowa senate: two thousand dollars. 5 20 b. Candidates for the Iowa house of representatives: one 5 21 thousand dollars. 5 22 3. At the beginning of each calendar year, the executive 5 23 director of the board shall adjust the grant amounts in 5 24 subsection 2 according to the most recent data for the 5 25 consumer price index for all urban consumers, published by the 5 26 United States department of labor, bureau of labor statistics. 5 27 The adjusted amount shall be published in the Iowa 5 28 administrative bulletin. 5 29 4. In the event the Iowa election campaign fund does not 5 30 have sufficient funds to pay all qualifying candidates the 5 31 full grant amount listed in subsection 2, the amounts shall be 5 32 paid to qualifying candidates on a pro rata basis. 5 33 Sec. 6. Section 56.23, Code 1995, is amended to read as 5 34 follows: 5 35 56.23 FUNDS – CAMPAIGN EXPENSES ONLY. 6 1 1.The chairperson of the state statutory political6 2committeeEach candidate receiving funds from the Iowa 6 3 election campaign fund shall produce evidence to the director 6 4 of revenue and finance and the ethics and campaign disclosure 6 5 board not later than the twenty-fifth day of January each 6 6 year,that all income tax checkoff funds, received in the form 6 7 of a grant from the Iowa election campaign fund, have been 6 8 expendedfor campaign expenses have been utilizedexclusively 6 9 for campaign expenses in accordance with section 56.41. 6 10 2. The ethics and campaign disclosure board shall issue, 6 11 prior to the payment of anymoneyfunds in the form of grants, 6 12 guidelines which explain which expenses and evidence thereof 6 13 qualify as acceptable campaign expenses. 6 14 3.ShouldIf the ethics and campaign disclosure board and 6 15 the director of revenue and finance determine that any part of 6 16 the funds have been used for noncampaign or improper expenses, 6 17 they may orderthe political party orthe candidate to return 6 18 all or any part of the total funds paid to thatpolitical6 19partycandidate for that election. When such funds are 6 20 returned, they shall be deposited in thegeneralIowa election 6 21 campaign fundof the state. 6 22 Sec. 7. Section 56.24, Code 1995, is amended to read as 6 23 follows: 6 24 56.24 REVERSION OF FUNDS. 6 25 All fundson account for the campaign expenses of any6 26designated political partyin the Iowa election campaign fund 6 27 which are notutilized by that political partydistributed by 6 28 January 1 of the year following a general election,shall 6 29 remain in the Iowa election campaign fund and shall not revert 6 30 to the general fund of the state at the end of any fiscal 6 31 year. 6 32 Sec. 8. Section 56.25, Code 1995, is amended by striking 6 33 the section and inserting in lieu thereof the following: 6 34 56.25 CAMPAIGN EXPENDITURE LIMITATIONS. 6 35 1. For each candidate accepting a grant from the Iowa 7 1 election campaign fund under sections 56.21 and 56.22, 7 2 combined expenditures of campaign funds for the election 7 3 campaign cycle shall not exceed the following: 7 4 a. Candidates for the Iowa senate: twenty thousand 7 5 dollars. 7 6 b. Candidates for the Iowa house of representatives: ten 7 7 thousand dollars. 7 8 2. Expenditures of campaign funds shall be made in 7 9 accordance with section 56.41. The board shall adopt rules 7 10 regarding expenditures that are included within the limits 7 11 contained in this section. 7 12 3. Prior to the beginning of each calendar year, the 7 13 executive director of the board shall adjust the limits in 7 14 this section according to the most recent consumer price index 7 15 for all urban consumers, published by the United States 7 16 department of labor, bureau of labor statistics. The adjusted 7 17 amount shall be published in the Iowa administrative bulletin. 7 18 Sec. 9. Section 236.15A, unnumbered paragraph 5, Code 7 19 1995, is amended to read as follows: 7 20 The department of revenue and finance shall consult the 7 21 crime victim assistance board concerning the adoption of rules 7 22 to implement this section. However, before a checkoff 7 23 pursuant to this section shall be permitted, all liabilities 7 24 on the books of the department of revenue and finance and 7 25 accounts identified as owing under section 421.17 and the 7 26politicalcontribution allowed under section 56.18 shall be 7 27 satisfied. 7 28 Sec. 10. Section 422.12D, subsection 4, Code 1995, is 7 29 amended to read as follows: 7 30 4. The department shall adopt rules to implement this 7 31 section. However, before a checkoff pursuant to this section 7 32 shall be permitted, all liabilities on the books of the 7 33 department of revenue and finance and accounts identified as 7 34 owing under section 421.17 and thepoliticalcontribution 7 35 allowed under section 56.18 shall be satisfied. 8 1 Sec. 11. Section 456A.16, unnumbered paragraph 7, Code 8 2 1995, is amended to read as follows: 8 3 The department shall adopt rules to implement this section. 8 4 However, before a checkoff pursuant to this section shall be 8 5 permitted, all liabilities on the books of the department of 8 6 revenue and finance and accounts identified as owing under 8 7 section 421.17 and thepoliticalcontribution allowed under 8 8 section 56.18 shall be satisfied. 8 9 Sec. 12. EFFECTIVE DATE. This Act takes effect on January 8 10 1, 1997. 8 11 EXPLANATION 8 12 Section 8 of this bill establishes campaign expenditure 8 13 limits for each election campaign cycle for candidates for the 8 14 Iowa general assembly. Section 1 adds a definition for 8 15 election campaign cycle. 8 16 In order to provide that expenditure limitations are 8 17 voluntary and only imposed on a candidate who accepts a public 8 18 benefit, section 3 changes the current system of public 8 19 campaign financing through the income tax checkoff and the 8 20 state political parties. Direct funding from checkoff moneys 8 21 is provided to candidates specified in the statute. The 8 22 expenditure limits and the grants are to be adjusted each 8 23 calendar year, according to the consumer price index. Section 8 24 1 adds a definition for calendar year. 8 25 Section 4 permits grants to be given to candidates who 8 26 agree to abide, in a signed statement made under oath, by such 8 27 expenditure limitations, and who are candidates of a political 8 28 party (as that term is defined in section 43.2) on the ballot 8 29 for the general election. A candidate accepting public funds 8 30 is prohibited from contributing more than 5 percent of the 8 31 maximum expenditure amount to that candidate's committee. If 8 32 a candidate's opponent does not agree to abide by the 8 33 expenditure limitations, the candidate is not bound to those 8 34 limits. A candidate who exceeds the expenditure limitation 8 35 after agreeing to be bound by them is liable for a civil 9 1 penalty equal to three times the amount of the excess 9 2 expenditure. 9 3 Sections 5 and 6 limit use of such grants to campaign 9 4 expenses, as defined by statute and rule. 9 5 Section 2 increases the current individual income tax 9 6 checkoff of $1.50 to $2.50. Under the bill, the income tax 9 7 checkoff remains the primary source of funding for the Iowa 9 8 election campaign fund. Section 7 provides that excess 9 9 amounts in the fund after distribution to all qualifying 9 10 candidates shall remain in the fund and shall not revert to 9 11 the state general fund. 9 12 Sections 9 through 11 make changes in other Code sections 9 13 to reflect the changed nature of the income tax contribution. 9 14 Section 12 of the bill provides for an effective date of 9 15 January 1, 1997, to allow for completion of the current 9 16 election cycle. 9 17 LSB 3955SS 76 9 18 jls/sc/14.1
Text: SF02273 Text: SF02275 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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