Iowa General Assembly Banner

 
Text: HF00696                           Text: HF00698
Text: HF00600 - HF00699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 697

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 46.20, Code 1997, is amended to read as
  1  2 follows:
  1  3    46.20  DECLARATION OF CANDIDACY.
  1  4    At least one hundred four days before the judicial election
  1  5 preceding expiration of the initial or regular term of office,
  1  6 a judge of the supreme court, court of appeals, or district
  1  7 court including district associate judges, or a clerk of the
  1  8 district court who is required to stand for retention under
  1  9 section 602.1216 may file a declaration of candidacy with the
  1 10 state commissioner of elections to stand for retention or
  1 11 rejection at that election.  If a judge or clerk fails to file
  1 12 the declaration, the office shall be vacant at the end of the
  1 13 term.  District associate judges filing the declaration shall
  1 14 stand for retention in the judicial election district of their
  1 15 residence.
  1 16    Sec. 2.  Section 46.21, unnumbered paragraph 1, Code 1997,
  1 17 is amended to read as follows:
  1 18    At least sixty-nine days before each judicial election, the
  1 19 state commissioner of elections shall certify to the county
  1 20 commissioner of elections of each county a list of the judges
  1 21 of the supreme court, court of appeals, and district court
  1 22 including district associate judges, and clerks of the
  1 23 district court to be voted on in each county at that election.
  1 24 The county commissioner of elections shall place the names
  1 25 upon the ballot in the order in which they appear in the
  1 26 certificate, unless only one county is voting thereon.  The
  1 27 state commissioner of elections shall rotate the names in the
  1 28 certificate by county, or the county commissioner of elections
  1 29 shall rotate them upon the ballot by precinct if only one
  1 30 county is voting thereon.  The names of all judges and clerks
  1 31 to be voted on shall be placed upon one ballot, which shall be
  1 32 in substantially the following form:
  1 33    Sec. 3.  Section 46.24, Code 1997, is amended to read as
  1 34 follows:
  1 35    46.24  RESULTS OF ELECTION.
  2  1    A judge of the supreme court, court of appeals, or district
  2  2 court including a district associate judge, or a clerk of the
  2  3 district court must receive more affirmative than negative
  2  4 votes to be retained in office.  When the poll is closed, the
  2  5 election judges shall publicly canvass the vote forthwith.
  2  6 The board of supervisors shall canvass the returns on the
  2  7 Monday or Tuesday after the election, and shall promptly
  2  8 certify the number of affirmative and negative votes on each
  2  9 judge or clerk to the state commissioner of elections.
  2 10    The state board of canvassers shall, at the time of
  2 11 canvassing the vote cast at a general election, open and
  2 12 canvass all of the returns for the judicial election.  Each
  2 13 judge of the supreme court, court of appeals or district court
  2 14 including a district associate judge, or a clerk of the
  2 15 district court who has received more affirmative than negative
  2 16 votes shall receive from the state board of canvassers an
  2 17 appropriate certificate so stating.
  2 18    Sec. 4.  Section 49.51, unnumbered paragraph 2, Code 1997,
  2 19 is amended by striking the unnumbered paragraph.
  2 20    Sec. 5.  Section 56.3, subsections 1 and 2, Code 1997, are
  2 21 amended to read as follows:
  2 22    1.  Every candidate's committee shall appoint a treasurer
  2 23 who shall be an Iowa resident who has reached the age of
  2 24 majority.  Every political committee shall appoint both a
  2 25 treasurer and a chairperson, each of whom shall have reached
  2 26 the age of majority.  Every candidate's committee shall
  2 27 maintain all of the committee's funds in bank accounts in a
  2 28 financial institution located in Iowa.  Every political
  2 29 committee shall either have an Iowa resident as treasurer or
  2 30 maintain all of the committee's funds in bank accounts in a
  2 31 financial institution located in Iowa.  An expenditure shall
  2 32 not be made by the treasurer or treasurer's designee for or on
  2 33 behalf of a committee without the approval of the chairperson
  2 34 of the committee, or the candidate.  Expenditures shall be
  2 35 remitted to the designated recipient within fifteen thirty
  3  1 days of the date of the issuance of the payment.
  3  2    2.  An individual who receives contributions for a
  3  3 committee without the prior authorization of the chairperson
  3  4 of the committee or the candidate shall be responsible for
  3  5 either rendering the contributions to the treasurer within
  3  6 fifteen thirty days of the date of receipt of the
  3  7 contributions, or depositing the contributions in the account
  3  8 maintained by the committee within seven thirty days of the
  3  9 date of receipt of the contributions.  A person who receives
  3 10 contributions for a committee shall, not later than fifteen
  3 11 thirty days from the date of receipt of the contributions or
  3 12 on demand of the treasurer, render to the treasurer the
  3 13 contributions and an account of the total of all
  3 14 contributions, including the name and address of each person
  3 15 making a contribution in excess of ten dollars, the amount of
  3 16 the contributions, and the date on which the contributions
  3 17 were received.  The treasurer shall deposit all contributions
  3 18 within seven thirty days of receipt by the treasurer in an
  3 19 account maintained by the committee.  All funds of a committee
  3 20 shall be segregated from any other funds held by officers,
  3 21 members, or associates of the committee or the committee's
  3 22 candidate.  However, if a candidate's committee receives
  3 23 contributions only from the candidate, or if a permanent
  3 24 organization temporarily engages in activity which qualifies
  3 25 it as a political committee and all expenditures of the
  3 26 organization are made from existing general operating funds
  3 27 and funds are not solicited or received for this purpose from
  3 28 sources other than operating funds, then that committee is not
  3 29 required to maintain a separate account in a financial
  3 30 institution.  The funds of a committee are not attachable for
  3 31 the personal debt of the committee's candidate or an officer,
  3 32 member, or associate of the committee.
  3 33    Sec. 6.  Section 56.5, subsection 2, paragraph a, Code
  3 34 1997, is amended to read as follows:
  3 35    a.  The name, purpose, mailing address, and telephone
  4  1 number of the committee.
  4  2    (1)  The committee name shall not duplicate the name of
  4  3 another committee organized under this section.
  4  4    (2)  For candidate's committees filing initial statements
  4  5 of organization on or after July 1, 1995, the candidate's name
  4  6 shall be contained within the committee name.
  4  7    (3)  Except for a political committee formed to support or
  4  8 oppose approval of a judge, the name of a political committee
  4  9 shall not contain the name of any of the following:
  4 10    (a)  A candidate seeking election for federal, state,
  4 11 county, city, or school office.
  4 12    (b)  A current federal, state, county, city, or school
  4 13 officeholder.
  4 14    Sec. 7.  Section 56.6, subsection 3, paragraph f, Code
  4 15 1997, is amended to read as follows:
  4 16    f.  The total amount of proceeds from any fund-raising
  4 17 event.  Contributions and sales at fund-raising events which
  4 18 involve the sale of a product acquired at less than market
  4 19 value and sold for an amount of money in excess of the amount
  4 20 specified in paragraph "b" of this subsection shall be
  4 21 designated separately from in-kind and monetary contributions
  4 22 and the report shall include the name and address of the
  4 23 donor, a description of the product, the market value of the
  4 24 product, the sales price of the product, and the name and
  4 25 address of the purchaser.
  4 26    Sec. 8.  Section 56.6, subsection 3, paragraph j, Code
  4 27 1997, is amended by striking the paragraph.
  4 28    Sec. 9.  Section 56.7, Code 1997, is amended to read as
  4 29 follows:
  4 30    56.7  REPORTS SIGNED.
  4 31    1.  A report or statement required to be filed by a
  4 32 treasurer of a political committee, a candidate, or by any
  4 33 other person, shall be signed by the person filing the report.
  4 34 as follows:
  4 35    a.  In the case of a candidate's committee, the report
  5  1 shall be signed by the candidate or the treasurer.
  5  2    b.  In the case of a political committee, the report shall
  5  3 be signed by the chairperson or the treasurer.
  5  4    2.  A copy of every report or statement shall be preserved
  5  5 by the person filing it or the person's successor for at least
  5  6 three five years following the filing of the report or
  5  7 statement.
  5  8    Sec. 10.  Section 56.14, subsection 1, paragraph c, Code
  5  9 1997, is amended to read as follows:
  5 10    c.  This subsection shall not be construed to require the
  5 11 inclusion an individual to disclose that individual's identity
  5 12 or address on published material of information which
  5 13 discloses the identity or address of any relating to a ballot
  5 14 issue, as long as the individual who is acting independently
  5 15 and using has not expended more than five hundred dollars of
  5 16 the individual's own modest resources in a calendar year in
  5 17 order to publish or distribute the material.  However, this
  5 18 exception does not apply to text or graphics that are
  5 19 transmitted to another computer by computer, via the internet,
  5 20 or via other means.
  5 21    Sec. 11.  Section 56.41, subsection 1, Code 1997, is
  5 22 amended to read as follows:
  5 23    1.  A candidate and the candidate's committee shall use
  5 24 campaign funds only for campaign purposes, educational and
  5 25 other expenses associated with the duties of office, or
  5 26 constituency services, and shall not use campaign funds for
  5 27 personal expenses or personal benefit.  The purchase of
  5 28 subscriptions to newspapers from or which circulate within the
  5 29 area represented by the office which a candidate is seeking or
  5 30 holds is presumed to be an expense that is associated with the
  5 31 duties of the campaign for and duties of office.
  5 32    Sec. 12.  Section 56.41, subsections 2 and 3, Code 1997,
  5 33 are amended by striking the subsections.
  5 34    Sec. 13.  Section 56.42, subsection 1, Code 1997, is
  5 35 amended to read as follows:
  6  1    1.  In addition to the uses permitted under section 56.41,
  6  2 a A candidate's committee may only transfer campaign funds in
  6  3 one or more of the following ways:
  6  4    a.  Contributions to charitable organizations.
  6  5    b.  Contributions to national, state, or local political
  6  6 party central committees, or to partisan political committees
  6  7 organized to represent persons within the boundaries of a
  6  8 congressional district, or to committees representing a
  6  9 nonparty political organization described in section 44.1.
  6 10    c.  Transfers to the treasurer of state for deposit in the
  6 11 general fund of the state, or to the appropriate treasurer for
  6 12 deposit in the general fund of a political subdivision of the
  6 13 state.
  6 14    d.  Return of contributions to contributors on a pro rata
  6 15 basis, except that any contributor who contributed five ten
  6 16 dollars or less may be excluded from the distribution.
  6 17    e.  Contributions to another candidate's committee when the
  6 18 candidate for whom both committees are formed is the same
  6 19 person.
  6 20    Sec. 14.  Section 68B.32A, subsection 3, Code 1997, is
  6 21 amended to read as follows:
  6 22    3.  Review the contents of all campaign finance disclosure
  6 23 reports and statements filed with the board and promptly
  6 24 advise each person or committee of errors found.
  6 25    a.  The board may verify information contained in the
  6 26 reports with other parties to assure accurate disclosure.  The
  6 27 board may also verify information by requesting that a
  6 28 candidate or committee produce copies of receipts, bills,
  6 29 logbooks, or other memoranda of reimbursements of expenses to
  6 30 a candidate for expenses incurred during a campaign.
  6 31    b.  For the purposes of obtaining verifying information,
  6 32 the board may issue administrative subpoenas for the requested
  6 33 information, which may be served upon the candidate,
  6 34 committee, or third party by restricted certified mail or by
  6 35 personal service as in civil actions.  Information may be
  7  1 sought from a third party by subpoena after notice to the
  7  2 committee which is the subject of the review.  However, if the
  7  3 chairperson of the board concludes that notification to the
  7  4 committee would have the potential of jeopardizing the
  7  5 validity of the information sought, prior notice to the
  7  6 committee which is the subject of the review is not required.
  7  7    c.  The board, upon its own motion, may initiate action and
  7  8 conduct a hearing relating to requirements under chapter 56.
  7  9    d.  The board may require a county commissioner of
  7 10 elections to periodically file summary reports with the board.
  7 11    Sec. 15.  Section 68B.37, Code 1997, is amended to read as
  7 12 follows:
  7 13    68B.37  LOBBYIST REPORTING.
  7 14    1.  A lobbyist before the general assembly shall file with
  7 15 the general assembly, on forms prescribed by each house of the
  7 16 general assembly, a report disclosing all of the following:
  7 17    a.  The lobbyist's clients.
  7 18    b.  Contributions made to candidates for state office by
  7 19 the lobbyist during calendar months during the reporting
  7 20 period when the general assembly is not in session.
  7 21    c.  The recipient of the campaign contributions.
  7 22    d.  Expenditures made by the lobbyist for the purposes of
  7 23 providing the services enumerated under section 68B.2,
  7 24 subsection 13, paragraph "a".
  7 25    For purposes of this subsection, "expenditures" does not
  7 26 include expenses that are reimbursed or paid by the client of
  7 27 the lobbyist and are reported by the client pursuant to
  7 28 section 68B.38, subsection 1, or expenditures made by any
  7 29 organization for publishing a newsletter or other
  7 30 informational release for its members.
  7 31    2.  A lobbyist before a state agency or the office of the
  7 32 governor shall file with the board, on forms prescribed by the
  7 33 board, a report disclosing the same items described in
  7 34 subsection 1.
  7 35    3.  The reports by lobbyists before the general assembly
  8  1 shall be filed not later than twenty-five days following any
  8  2 month in which the general assembly is in session and
  8  3 thereafter on or before July 31, October 31, and January 31.
  8  4 The reports filed by a lobbyist before the general assembly
  8  5 shall contain information for the preceding calendar month or
  8  6 quarter or parts thereof during which the person was engaged
  8  7 in lobbying.  Reports filed by lobbyists before a state agency
  8  8 shall be filed on or before April 30, July 31, October 31, and
  8  9 January 31, for the preceding calendar quarter or parts
  8 10 thereof during which the person was engaged in lobbying.
  8 11    4.  If a person cancels the person's lobbyist registration
  8 12 at any time during the calendar year, the reports required by
  8 13 this section are due on the dates required by this section or
  8 14 fifteen days after cancellation, whichever is earlier.  The
  8 15 report due January 31 shall include all reportable items for
  8 16 the preceding calendar year in addition to containing the
  8 17 quarterly reportable items.  A lobbyist who cancels the
  8 18 person's lobbyist registration before January 1 of a year
  8 19 shall file a report listing all reportable items for the year
  8 20 in which the cancellation was filed.  A lobbyist who cancels
  8 21 the person's lobbyist registration between January 1 and
  8 22 January 15 of a year shall file a report listing all
  8 23 reportable items for the preceding year and so much of the
  8 24 month of January as has expired at the time of cancellation.
  8 25 However, if
  8 26    5.  If a lobbyist is a person who is designated to
  8 27 represent the interest of an organization as defined in
  8 28 section 68B.2, subsection 13, paragraph "a", subparagraph (2),
  8 29 but is not paid compensation for that representation and does
  8 30 not expend more than one thousand dollars as provided in
  8 31 section 68B.2, subsection 13, paragraph "a", subparagraph (4),
  8 32 the lobbyist shall only be required to file the report
  8 33 specified in this section subsection 3 once annually, which
  8 34 shall be performed at the time of filing the person's lobbyist
  8 35 registration form or forms.
  9  1    Sec. 16.  Section 68B.38, Code 1997, is amended to read as
  9  2 follows:
  9  3    68B.38  LOBBYIST'S CLIENT REPORTING.
  9  4    1.  Beginning in 1994, no No later than January 31 and July
  9  5 31 of each year, unless no payments are made, a lobbyist's
  9  6 client shall file with the general assembly or board a report
  9  7 that contains information on all salaries, fees, and
  9  8 retainers, expenses, and reimbursements of expenses paid to
  9  9 the lobbyist by the lobbyist's client to the lobbyist for
  9 10 lobbying purposes during the preceding six calendar months
  9 11 year.  Reports by lobbyists' clients shall be filed with the
  9 12 same entity with which the lobbyist filed the lobbyist's
  9 13 registration.
  9 14    2.  The report due January 31 shall include a cumulative
  9 15 total of all salaries, fees, retainers, and reimbursements of
  9 16 expenses paid to the lobbyist for lobbying activities during
  9 17 the preceding calendar year.  The secretary of the senate,
  9 18 chief clerk of the house, and the board shall develop forms to
  9 19 implement this section.
  9 20    Sec. 17.  Section 602.1216, Code 1997, is repealed.
  9 21    Sec. 18.  The legislative council is directed to establish
  9 22 an interim study committee to review all administrative rules
  9 23 adopted by the Iowa ethics and campaign disclosure board.  
  9 24 HF 697
  9 25 jls/pk/25
     
Text: HF00696                           Text: HF00698
Text: HF00600 - HF00699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index
Return To Home Iowa General Assembly

index Search: House Bills and Amendments (77th General Assembly)

© 1997 Cornell College and League of Women Voters of Iowa

Comments about this site or page? webmaster@legis.iowa.gov. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Fri May 9 03:41:42 CDT 1997
URL: /DOCS/GA/77GA/Legislation/HF/00600/HF00697/970326.html
jhf