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Senate File 402

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  56.14A  TRUTH IN CAMPAIGN
  1  2 ADVERTISING ADVISORY BOARD – ESTABLISHED.
  1  3    1.  An Iowa truth in campaign advertising advisory board is
  1  4 established as an independent agency attached to the ethics
  1  5 and campaign disclosure board for administrative purposes.
  1  6 The board shall review complaints and requests relating to
  1  7 advertising used in political campaigns of candidates for
  1  8 public office.  The board shall consist of nine members who
  1  9 shall be appointed as follows:
  1 10    a.  Two members of the same political party, to be
  1 11 appointed by the speaker of the house of representatives.
  1 12    b.  Two members of the same political party, but other than
  1 13 the party referred to in paragraph "a", to be appointed by the
  1 14 minority leader of the house of representatives.
  1 15    c.  Two members of the same political party, to be
  1 16 appointed by the president of the senate.
  1 17    d.  Two members of the same political party, to be
  1 18 appointed by the minority leader of the senate.
  1 19    e.  One member of a political party which is not one of the
  1 20 political parties represented in paragraphs "a" through "d",
  1 21 but which cast for its candidate for president of the United
  1 22 States or for governor, at least two percent of the total vote
  1 23 cast for all candidates for that office at the last preceding
  1 24 general election.  The member shall be appointed by the
  1 25 chairperson of that political party.
  1 26    2.  Members shall serve staggered four-year terms beginning
  1 27 and ending as provided in section 69.19.  Any vacancy on the
  1 28 board shall be filled by appointment for the unexpired portion
  1 29 of the term, within ninety days of the vacancy and in
  1 30 accordance with the procedures for regular appointments.  A
  1 31 member of the board may be reappointed to serve additional
  1 32 terms on the board.  Members may be removed in the manner
  1 33 provided in chapter 69.
  1 34    3.  The board shall annually elect one member to serve as
  1 35 the chairperson of the board and one member to serve as vice
  2  1 chairperson.  The vice chairperson shall act as the
  2  2 chairperson in the absence or disability of the chairperson or
  2  3 in the event of a vacancy in that office.
  2  4    4.  The chairperson of the board shall have the following
  2  5 powers, duties, and functions:
  2  6    a.  Preside over meetings of the board.
  2  7    b.  Call meetings of the board upon receipt of a complaint
  2  8 or request submitted through the ethics and campaign
  2  9 disclosure board which pertains to the truthfulness or
  2 10 accuracy of campaign advertising.
  2 11    5.  A candidate, candidate's committee, or a political
  2 12 party may file a request or complaint regarding the
  2 13 truthfulness or accuracy of a campaign advertisement by filing
  2 14 the request or complaint with the ethics and campaign
  2 15 disclosure board.  The complaint or request shall include,
  2 16 when known, the name of the person making the request or
  2 17 filing the complaint, the name of the person who published or
  2 18 is responsible for the publication of the advertisement, and a
  2 19 statement of any facts believed to be relevant to the
  2 20 truthfulness or falsity of the advertisement, including the
  2 21 sources of information and approximate dates on which the
  2 22 advertisement was published.  Upon receiving a request or
  2 23 complaint which alleges that an item of campaign advertising
  2 24 was false or misleading, the ethics and campaign disclosure
  2 25 board shall immediately transmit the request or complaint and
  2 26 any supporting information to the chairperson of the truth in
  2 27 advertising board.
  2 28    6.  Upon receipt of a request or complaint, the chairperson
  2 29 shall call a meeting of the board for purposes of reviewing
  2 30 the request or complaint and any supporting information.
  2 31    7.  The board shall promptly notify any person alleged to
  2 32 have published a false or misleading advertisement by causing
  2 33 a copy of the request or complaint to be delivered to the
  2 34 person.  The board shall request that the person respond to
  2 35 the allegations within a reasonable period of time.
  3  1    8.  The board shall determine, on the basis of information
  3  2 received, whether there is sufficient information to proceed
  3  3 with an advisory opinion or whether further information is
  3  4 needed.
  3  5    Once the board determines that sufficient information is
  3  6 available, the board shall issue an advisory opinion which
  3  7 states whether the information contained in the campaign
  3  8 advertisement is true and accurate.  Opinions shall be issued
  3  9 when approved by a majority of the members of the board.
  3 10 Opinions are not binding on the candidate or the candidate's
  3 11 opponent.  Unless the request or complaint is received within
  3 12 the two weeks immediately preceding the election, the board
  3 13 shall consider the request or complaint and issue an opinion
  3 14 within two weeks of the date that the request or complaint is
  3 15 received.  If the request or complaint is received during the
  3 16 week which precedes the week of the election, the board shall
  3 17 consider the request or complaint and issue an opinion within
  3 18 three days of the date that the request or complaint is
  3 19 received.  If the request or complaint is received during the
  3 20 week of the election, the board shall consider the request or
  3 21 complaint and issue an opinion within twenty-four hours of
  3 22 receiving the request or complaint.
  3 23    9.  The ethics and campaign disclosure board shall adopt
  3 24 rules for the receipt, processing, and transmission of
  3 25 requests and complaints regarding the truthfulness and
  3 26 accuracy of campaign advertising to the truth in advertising
  3 27 board.
  3 28    10.  The truth in advertising board shall adopt rules for
  3 29 the processing of requests and complaints and for the issuance
  3 30 and publication of opinions relating to the truthfulness or
  3 31 accuracy of campaign advertising.  The rules shall provide
  3 32 that copies of the board opinions shall be sent to both the
  3 33 person who made the request or complaint and the person who is
  3 34 the subject of the request or complaint, as well as any
  3 35 appropriate members of the media.  The rules shall also
  4  1 provide for issuance of a statement of disapproval regarding
  4  2 the issuance or publication of any new campaign advertisement
  4  3 during the two-week period which immediately precedes an
  4  4 election.  The board shall consider a campaign advertisement
  4  5 to be new if the campaign advertisement was not issued or
  4  6 published at some time prior to the two-week period which
  4  7 immediately precedes the election.
  4  8    11.  Requests, complaints, investigative material, and the
  4  9 opinions of the board are public records subject to public
  4 10 inspection and copying under chapter 22.  
  4 11                           EXPLANATION
  4 12    This bill provides for the establishment of a new truth in
  4 13 advertising board, which is attached to the ethics and
  4 14 campaign disclosure board for administrative purposes.  The
  4 15 truth in advertising board is a nine-member board.  Eight of
  4 16 the members are to be selected by general assembly leadership,
  4 17 and the remaining member is to be selected by the chairperson
  4 18 of a party which was recognized as a political party during
  4 19 the last general election by having garnered for its candidate
  4 20 for governor or president at least two percent of the total
  4 21 vote cast for all candidates for that office.
  4 22    The truth in advertising board is to receive requests or
  4 23 complaints, which may be submitted by candidates, candidate's
  4 24 committees, or political parties, regarding the truthfulness
  4 25 or accuracy of campaign advertising.  The requests or
  4 26 complaints are to be initially received by the ethics and
  4 27 campaign disclosure board and then transmitted to the truth in
  4 28 advertising board chairperson, who is to call a meeting of the
  4 29 board to review the request or complaint and any supporting
  4 30 information.  The board is to issue an advisory opinion on the
  4 31 issue of whether the advertising is false or misleading.  The
  4 32 board is also authorized to issue a statement of disapproval
  4 33 regarding the issuance or publication of any new campaign
  4 34 advertisement during the two-week period which immediately
  4 35 precedes an election.  Requests, complaints, any investigative
  5  1 material, and opinions of the board are public records subject
  5  2 to inspection and copying under Code chapter 22.
  5  3    Requests or complaints are to be resolved within two weeks
  5  4 of receipt, except that if a request or complaint is received
  5  5 during the week preceding the week of the election, the matter
  5  6 is to be resolved within three days, and if the request or
  5  7 complaint is received during the week of the election, the
  5  8 matter is to be resolved within twenty-four hours.  
  5  9 LSB 2559XS 77
  5 10 lh/jw/5
     

Text: SF00401                           Text: SF00403
Text: SF00400 - SF00499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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