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PAG LIN 1 1 Section 1. Section 56.2, Code 1997, is amended to read as 1 2 follows: 1 3 56.2 DEFINITIONS. 1 4 As used in this chapter, unless the context otherwise 1 5 requires: 1 6 1. "Ballot issue" means a question, other than the 1 7 nomination or election of a candidate to a public office, 1 8 which has been approved by a political subdivision or the 1 9 general assembly or is required by law to be placed before the 1 10 voters of the political subdivision by a commissioner of 1 11 elections, or to be placed before the voters by the state 1 12 commissioner of elections. 1 13 2. "Board" means the Iowa ethics and campaign disclosure 1 14 board established under section 68B.32. 1 15 3. "Campaign function" means any meeting related to a 1 16 candidate's campaign for election. 1 17 4. "Candidate" means any individual who has taken 1 18 affirmative action to seek nomination or election to a public 1 19 office and shall also include any judge standing for retention 1 20 in a judicial election and any clerk of the district court who 1 21 is required to stand for retention pursuant to a petition 1 22 filed under section 602.1216. 1 23 5. "Candidate's committee" means the committee designated 1 24 by the candidate for a state, county, city, or school office 1 25 to receive contributions in excess of five hundred dollars in 1 26 the aggregate, expend funds in excess of five hundred dollars 1 27 in the aggregate, or incur indebtedness on behalf of the 1 28 candidate in excess of five hundred dollars in the aggregate 1 29 in any calendar year. 1 30 6. "Commissioner" means the county auditor of each county, 1 31 who is designated as the county commissioner of elections 1 32 pursuant to section 47.2. 1 33 7. "Committee" includes a political committee and a 1 34 candidate's committee. 1 35 7A. "Computer" means an electronic device that performs 2 1 logical, arithmetical, and memory functions by manipulations 2 2 of electronic or magnetic impulses, and includes all 2 3 functions, connections, and connected and related devices that 2 4 assist in input, output, processing, storage, computer 2 5 programs, computer applications, and communication. 2 6 8. "Consultant" means a person who provides or procures 2 7 services for or on behalf of a candidate including but not 2 8 limited to consulting, public relations, advertising, 2 9 fundraising, polling, managing or organizing services. 2 10 9. a. "Contribution" means either of the following: 2 11a.(1) A gift, loan, advance, deposit, rebate, refund, or 2 12 transfer of money or a gift in kind. 2 13b.(2) The payment, by any person other than a candidate 2 14 or political committee, of compensation for the personal 2 15 services of another person which are rendered to a candidate 2 16 or political committee for any such purpose. 2 17 b. "Contribution" shall not includeservicesany of the 2 18 following: 2 19 (1) Services provided without compensation by individuals 2 20 volunteering their time on behalf of a candidate's committee 2 21 or political committee or a state or county statutory 2 22 political committee except when organized or provided on a 2 23 collective basis by a business, trade association, labor 2 24 union, or any other organized group or association. 2 25"Contribution" shall not include refreshments2 26 (2) Refreshments served at a campaign function so long as 2 27 such refreshments do not exceed fifty dollars in value or 2 28 transportation provided to a candidate so long as its value 2 29 computed at a rate of twenty cents per mile does not exceed 2 30 one hundred dollars in value in any one reporting period. 2 31"Contribution" shall not include something2 32 (3) Something provided to a candidate for the candidate's 2 33 personal consumption or use and not intended for or on behalf 2 34 of the candidate's committee. 2 35 10. "County office" includes the office of drainage 3 1 district trustee. 3 2 11. "County statutory political committee" means a 3 3 committee as defined in section 43.100. 3 4 12. "Disclosure report" means a statement of contributions 3 5 received, expenditures made, and indebtedness incurred on 3 6 forms prescribed by rules adopted by the board in accordance 3 7 with chapter 17A. 3 8 13. "Fundraising event" means any campaign function to 3 9 which admission is charged or at which goods or services are 3 10 sold. 3 11 14. "Group collection" means an accumulation of cash, 3 12 amassed through contributions from individual donors of ten 3 13 dollars or less each, in a receptacle which is intended for 3 14 such contributions and which is accessible by all persons 3 15 visiting a particular place or a particular social function, 3 16 either due to the placement of the receptacle in a place of 3 17 general availability to the attendees, or due to a method of 3 18 presenting the receptacle to the attendees. Due to the manner 3 19 in which such funds are amassed, identification of the 3 20 individual donors is understood to be impractical. 3 21 14A. "Internet" means the federated system of allied 3 22 computer networks linked by telecommunication channels that is 3 23 the international network of the networks that connects 3 24 educational, scientific, and commercial institutions, and that 3 25 may also be accessed by individuals. 3 2614.15. "National political party" means a party which 3 27 meets the definition of a political party established for this 3 28 state by section 43.2, and which also meets the statutory 3 29 definition of the term "political party" or a term of like 3 30 import in at least twenty-five other states of the United 3 31 States. 3 3215.16. "Person" means, without limitation, any 3 33 individual, corporation, government or governmental 3 34 subdivision or agency, business trust, estate, trust, 3 35 partnership or association, labor union, or any other legal 4 1 entity. 4 216.17. a. "Political committee" means acommittee, but4 3notformal or informal association of two or more individuals, 4 4 other than a candidate's committee,which acceptsthat, in 4 5 performing any of the following activities, exceeds any of the 4 6 following financial thresholds: 4 7 (1) Accepts contributions for political purposes in excess 4 8 of five hundred dollars in the aggregate, makesin a calendar 4 9 year. 4 10 (2) Makes expenditures for political purposes in excess of 4 11 five hundred dollars in the aggregate, or incursin a calendar 4 12 year. 4 13 (3) Incurs indebtedness for political purposes in excess 4 14 of five hundred dollars in the aggregate inany onea calendar 4 15 yearfor the purpose of supporting or opposing a candidate for4 16public office, or for the purpose of supporting or opposing a4 17ballot issue;. 4 18 b. A "political committee"also means an, provided it has 4 19 exceeded at least one of the financial thresholds in paragraph 4 20 "a", includes but is not limited to any of the following 4 21 entities: 4 22 (1) A committee other than a candidate's committee that 4 23 supports or opposes more than one candidate for public office. 4 24 (2) A committee other than a candidate's committee that 4 25 supports or opposes a ballot issue. 4 26 (3) A formally organized association, lodge, society, 4 27 cooperative, union, fraternity, sorority, educational 4 28 institution, civic organization, labor organization, religious 4 29 organization,orprofessional organizationwhich accepts4 30contributions in excess of five hundred dollars in the4 31aggregate, makes expenditures in excess of five hundred4 32dollars in the aggregate, or incurs indebtedness in excess of4 33five hundred dollars in the aggregate in any one calendar year4 34for the purpose of supporting or opposing a candidate for4 35public office, or for the purpose of supporting or opposing a5 1ballot issue. "Political committee" also includes a committee5 2which accepts contributions in excess of five hundred dollars5 3in the aggregate, makes expenditures in excess of five hundred5 4dollars in the aggregate, or incurs indebtedness in excess of5 5five hundred dollars in the aggregate in a calendar year to5 6cause, or other permanent organization that temporarily 5 7 engages in political activity. 5 8 (4) A formal or informal association of two or more 5 9 individuals that causes the publication or broadcasting of 5 10 materialin which the public policy positions or voting record5 11ofthat a reasonable person would understand to advocate the 5 12 support of or opposition to the election of an identifiable 5 13 candidateis discussed and in which a reasonable person could5 14find commentary favorable or unfavorable to those public5 15policy positions or voting record. 5 1617.18. "Political purpose" or "political purposes" means 5 17 the support or opposition of a candidate or ballot issue. 5 1818.19. "Public office" means any state, county, city, or 5 19 school office filled by election. 5 2019.20. "State income tax liability" means the state 5 21 individual income tax imposed under section 422.5 reduced by 5 22 the sum of the deductions from the computed tax as provided 5 23 under section 422.12. 5 2420.21. "State statutory political committee" means a 5 25 committee as defined in section 43.111. 5 26 Sec. 2. Section 56.3, subsection 3, paragraph b, Code 5 27 1997, is amended to read as follows: 5 28 b. The name and mailing address of every person making 5 29contributionsa contribution in excess of ten dollars, and the 5 30 date and amount of the contribution. This paragraph does not 5 31 apply to donations received from group collections. 5 32 Sec. 3. Section 56.3A, Code 1997, is amended to read as 5 33 follows: 5 34 56.3A FUNDS FROM UNKNOWN SOURCE – ESCHEAT. 5 35 1. The expenditure of funds from an unknown or 6 1 unidentifiable source received by a candidate or committee is 6 2 prohibited.Such funds6 3 2. Funds received by a candidate or committee from an 6 4 unknown or unidentifiable source shall escheat to the state. 6 5 Any candidate or committee receiving such contributions shall 6 6 remit such contributions to the director of revenue and 6 7 finance for deposit in the general fund of the state. 6 8 3. Persons requested to make a contribution at a 6 9 fundraising event shall be advised that it is illegal to make 6 10 a contribution in excess of ten dollars unless the person 6 11 making the contribution also provides the person's name and 6 12 address. 6 13 4. This section does not apply to contributions received 6 14 from group collections that are made in compliance with rules 6 15 established by the board. 6 16 Sec. 4. Section 56.5A, Code 1997, is amended to read as 6 17 follows: 6 18 56.5A SOLE CANDIDATE'S COMMITTEE – POLITICAL COMMITTEES 6 19 TO SUPPORT MULTIPLE CANDIDATES – EXCEPTIONS. 6 20 Each candidate for state, county, city, or school office 6 21 shall organize one, and only one, candidate's committee for a 6 22 specific office sought when the candidate receives 6 23 contributions in excess of five hundred dollars in the 6 24 aggregate, makes expenditures in excess of five hundred 6 25 dollars in the aggregate, or incurs indebtedness in excess of 6 26 five hundred dollars in the aggregate in a calendar year. A 6 27 political committee shall not be established to support or 6 28 oppose only one candidate for office, except that a political 6 29 committee may be established to support or oppose approval of 6 30 a single judge standing for retention or a clerk of the 6 31 district court who is required to stand for retention pursuant 6 32 to a petition filed under section 602.1216. 6 33 Sec. 5. Section 56.7, Code 1997, is amended to read as 6 34 follows: 6 35 56.7 REPORTS SIGNED. 7 1 1. A report or statement required to be filed by a 7 2treasurer of a politicalcommittee, a candidate, or by any7 3other person,shall be signedby the person filing the report.7 4 as follows: 7 5 a. In the case of a candidate's committee, the report 7 6 shall be signed by the candidate or the treasurer. 7 7 b. In the case of a political committee, the report shall 7 8 be signed by the chairperson or the treasurer. 7 9 2. A copy of every report or statement shall be preserved 7 10 by the person filing it or the person's successor for at least 7 11threefive years following the filing of the report or 7 12 statement. 7 13 Sec. 6. Section 56.14, subsection 1, paragraph c, Code 7 14 1997, is amended to read as follows: 7 15 c. This subsection shall not be construed to requirethe7 16inclusionan individual to disclose that individual's identity 7 17 or address on published materialof information which7 18discloses the identity or address of anyrelating to a ballot 7 19 issue, as long as the individualwhois acting independently 7 20 andusinghas not expended more than five hundred dollars of 7 21 the individual's ownmodestresources in a calendar year in 7 22 order to publish or distribute the material. However, this 7 23 exception does not apply to text or graphics that are 7 24 transmitted to another computer by computer, via the Internet, 7 25 or via other means. 7 26 Sec. 7. Section 56.14, subsection 2, paragraph a, Code 7 27 1997, is amended to read as follows: 7 28 a. Yard signs shall not be placed on any property which 7 29 adjoins a city, county, or state roadway sooner than forty- 7 30 five days preceding a primary,orgeneral, or special election 7 31 and shall be removed within seven days after the primary,or7 32 general, or special election in which the name of the 7 33 particular candidate or ballot issue described on the yard 7 34 sign appears on the ballot. Yard signs are subject to removal 7 35 by highway authorities as provided in section 319.13, or by 8 1 county or city law enforcement authorities in a manner 8 2 consistent with section 319.13. The placement or erection of 8 3 yard signs shall be exempt from the requirements of chapter 8 4 480. Notice may be provided to the chairperson of the 8 5 appropriate county central committee if the highway 8 6 authorities are unable to provide notice to the candidate, 8 7 candidate's committee, or political committee regarding the 8 8 yard sign. 8 9 Sec. 8. Section 56.15, subsection 4, unnumbered paragraph 8 10 1, Code 1997, is amended to read as follows: 8 11 The restrictions imposed by this section relative to 8 12 making, soliciting, or receiving contributions shall not apply 8 13 to a nonprofit corporation or organization which uses those 8 14 contributions to encourage registration of voters and 8 15 participation in the political process, or to publicize public 8 16 issues, or both, but does not use any part of those 8 17 contributions to endorse or oppose any candidate for public 8 18 office. A nonprofit corporation or organization may use 8 19 contributions solicited or received to support or oppose 8 20 ballot issues but the expenditures shall be disclosed by the 8 21 nonprofit corporation or organization in the manner provided 8 22 for a permanent organization temporarily engaged in a 8 23 political activity under section 56.6. The restrictions 8 24 imposed by this section relating to making, soliciting, or 8 25 receiving contributions shall not be construed to prohibit an 8 26 insurance company, savings and loan association, bank, credit 8 27 union, or corporation, whether for profit or not, from using 8 28 its own resources to encourage registration of voters and 8 29 participation in the political process, including providing 8 30 candidates with a public forum, as long as the corporation or 8 31 organization affirmatively makes the resources or public forum 8 32 equally available to all candidates for the same office. 8 33 Sec. 9. Section 56.42, subsection 1, Code 1997, is amended 8 34 to read as follows: 8 35 1. In addition to the uses permitted under section 56.41, 9 1 a candidate's committee may only transfer campaign funds in 9 2 one or more of the following ways: 9 3 a. Contributions to charitable organizations. 9 4 b. Contributions to national, state, or local political 9 5 party central committees,orto partisan political committees 9 6 organized to represent persons within the boundaries of a 9 7 congressional district, or to committees representing a 9 8 nonparty political organization described in section 44.1. 9 9 c. Transfers to the treasurer of state for deposit in the 9 10 general fund of the state, or to the appropriate treasurer for 9 11 deposit in the general fund of a political subdivision of the 9 12 state. 9 13 d. Return of contributions to contributors on a pro rata 9 14 basis, except that any contributor who contributedfiveten 9 15 dollars or less and any contributor to a group collection may 9 16 be excluded from the distribution. 9 17 e. Contributions to another candidate's committee when the 9 18 candidate for whom both committees are formed is the same 9 19 person. 9 20 Sec. 10. Section 68B.32A, Code 1997, is amended by adding 9 21 the following new subsections: 9 22 NEW SUBSECTION. 15. Establish fees to cover the costs 9 23 associated with creating, maintaining, and providing access to 9 24 an electronic database of campaign finance disclosure 9 25 information. Payments received for these costs shall be 9 26 considered repayment receipts as defined in section 8.2. 9 27 NEW SUBSECTION. 16. Adopt rules regarding the collection 9 28 and reporting of contributions received from group 9 29 collections. 9 30 EXPLANATION 9 31 This bill amends Code section 56.3, to require that the 9 32 name and address of donors of money to group collections 9 33 ("pass-the-hat" type collections) made at social functions do 9 34 not have to be recorded, as are the names and addresses of 9 35 donors for other contributions. A definition for "group 10 1 collection" is added to Code section 56.1, and conforming 10 2 amendments are also made to Code sections 56.3A, 56.42, and 10 3 68.32A. 10 4 This bill amends Code section 56.7 to specify who must sign 10 5 a report that is filed with the ethics and campaign disclosure 10 6 board. 10 7 This bill amends Code section 56.14 to provide that an 10 8 individual who distributes material pertaining to a ballot 10 9 issue does not have to include the person's name or address on 10 10 that material so long as the cost of producing and 10 11 distributing such material does not exceed $500 in a calendar 10 12 year. This specific dollar amount replaces the requirement 10 13 that the expenditure be within the individual's "modest 10 14 resources." The bill is also amended to exclude computer 10 15 publication and distribution from this limitation, which means 10 16 that computer transmissions, via the internet, computer disk, 10 17 or otherwise, which contain material as described by this 10 18 section, must identify the person responsible for the 10 19 material. 10 20 This bill also amends Code section 56.14 to make the yard 10 21 sign regulations applicable to special elections, in addition 10 22 to primary and general elections. 10 23 This bill also amends Code section 56.42 to allow a 10 24 transfer of funds to nonparty political organizations (minor 10 25 political parties), in addition to the existing provision 10 26 allowing transfers to the major political parties. 10 27 This bill amends Code section 68B.32A, to permit the ethics 10 28 and campaign finance board to adopt fees related to use of the 10 29 new electronic database of campaign finance information. 10 30 Definitions related to computers are also added to Code 10 31 section 56.1. 10 32 This bill also makes other technical and editorial 10 33 amendments. 10 34 LSB 1051DP 77 10 35 jls/sc/14.1
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