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PAG LIN 1 1 Section 1. NEW SECTION. 56.5B LIMITATIONS ON 1 2 CONTRIBUTIONS. 1 3 1. A political committee shall not make contributions 1 4 that, during any election campaign cycle, in the aggregate 1 5 exceed the following: 1 6 a. Two thousand dollars to any candidate or candidate's 1 7 committee for a statewide office. 1 8 b. Five hundred dollars to any candidate or candidate's 1 9 committee for the Iowa senate. 1 10 c. Two hundred fifty dollars to any candidate or 1 11 candidate's committee for the Iowa house of representatives. 1 12 2. A candidate or candidate's committee shall not 1 13 knowingly accept any contribution in violation of this 1 14 section. 1 15 3. For purposes of this section: 1 16 a. "Political committee" shall not include a state 1 17 statutory political committee, county statutory political 1 18 committee, city statutory political committee, or national 1 19 political party. 1 20 b. "Election campaign cycle" means the period of time 1 21 between any general or special election commencing on the day 1 22 following the previous election for that office and continuing 1 23 through election day. 1 24 c. "Statewide office" means the office of any of the state 1 25 officers listed in section 39.9. 1 26 4. This section shall not apply to the following: 1 27 a. Contributions to Iowa candidates for the United States 1 28 senate or house of representatives, or to any other candidate 1 29 for federal office. 1 30 b. Transfers of campaign funds made pursuant to section 1 31 56.42. 1 32 Sec. 2. NEW SECTION. 56.6A VOLUNTARY LIMITS ON 1 33 CONTRIBUTIONS AND EXPENDITURES. 1 34 1. A candidate for the general assembly may file a 1 35 declaration of limitation on expenditures pursuant to section 2 1 56.6B, certifying that the candidate and the candidate's 2 2 committee will not do any of the following: 2 3 a. Make expenditures during an election campaign cycle 2 4 exceeding the following amounts: 2 5 (1) Fifty thousand dollars for a candidate for the senate. 2 6 (2) Twenty-five thousand dollars for a candidate for the 2 7 house of representatives. 2 8 b. Accept direct contributions from a state, county, or 2 9 city statutory political committee or a national political 2 10 party. 2 11 2. A candidate who has filed a declaration of limitation 2 12 on expenditures pursuant to section 56.6B shall not be bound 2 13 by the declaration if any opposing candidate for the same 2 14 office has not filed a declaration of limitation on 2 15 expenditures pursuant to section 56.6B, or has filed a 2 16 declaration but has made expenditures exceeding the applicable 2 17 limit. 2 18 3. For the purposes of this section and sections 56.6B and 2 19 56.6C: 2 20 a. "Expenditures" shall include all amounts reported in 2 21 disclosure reports pursuant to section 56.6, subsection 3, 2 22 paragraph "g", as well as any amounts attributed to a 2 23 candidate pursuant to section 56.13. 2 24 b. "Election campaign cycle" means the period of time 2 25 between any general or special election commencing on the day 2 26 following the previous election for that office, and 2 27 continuing through election day. 2 28 Sec. 3. NEW SECTION. 56.6B DECLARATION OF LIMITATION ON 2 29 EXPENDITURES. 2 30 1. A declaration of limitation on expenditures shall meet 2 31 the requirements of section 56.6A, subsection 1, and shall 2 32 include the signature of the candidate. 2 33 2. A declaration of limitation on expenditures shall be 2 34 filed with the board no later than the date upon which the 2 35 candidate makes a filing pursuant to section 43.11, 44.1, or 3 1 45.4 to have the candidate's name placed on a ballot for 3 2 election to public office. 3 3 3. Once a declaration of limitation on expenditures has 3 4 been filed, a candidate's expenditures may be challenged 3 5 pursuant to the procedure in section 68B.32B. Notwithstanding 3 6 the requirements of that section, the board shall, within 3 7 twenty-four hours of the filing of a complaint, determine 3 8 whether there is probable cause to believe the existence of 3 9 facts that would establish an unreported expenditure, an 3 10 improperly reported expenditure, or aggregate expenditures 3 11 exceeding the applicable limit. The board shall proceed with 3 12 the remainder of the complaint procedure only upon a finding 3 13 of probable cause. 3 14 4. a. A finding by the board that a candidate has 3 15 exceeded the applicable expenditure limit shall not subject 3 16 the candidate to any criminal penalty under this chapter, but 3 17 shall release the candidate's opponent from any obligation to 3 18 comply with that candidate's own declaration of limitation of 3 19 expenditures. 3 20 b. A finding by the board that the candidate has not 3 21 reported or has improperly reported an expenditure shall 3 22 result in appropriate adjustment of the candidate's reported 3 23 expenditures, and may subject the candidate to penalties 3 24 pursuant to section 56.16. 3 25 Sec. 4. NEW SECTION. 56.6C TAX CREDIT FOR QUALIFIED 3 26 CONTRIBUTIONS. 3 27 A credit against taxes pursuant to section 422.12, 3 28 subsection 4, shall be allowed for a contribution to a 3 29 candidate for an office representing the legislative district 3 30 in which the contributor permanently resided at the time the 3 31 contribution was made who has filed a declaration of 3 32 limitation on expenditures pursuant to section 56.6B, not to 3 33 exceed one hundred dollars per person per qualified candidate. 3 34 Upon request by the state, the contributor shall substantiate 3 35 the claimed credit with an official receipt from the 4 1 candidate's committee to which a contribution was made. 4 2 Sec. 5. NEW SECTION. 56.14A FALSE INFORMATION IN 4 3 POLITICAL MATERIAL. 4 4 1. A person shall not be a sponsor of any published 4 5 material on behalf of or in opposition to any candidate or 4 6 ballot issue that contains any assertion, representation, or 4 7 statement of fact, including, but not limited to, information 4 8 concerning a candidate's prior public record, which the 4 9 sponsor knows to be untrue, deceptive, or misleading. 4 10 2. For purposes of this section, "published material" 4 11 means statements or graphic representations made through any 4 12 public medium which includes, but is not limited to, any of 4 13 the following: 4 14 a. Electronic media such as live or prerecorded radio or 4 15 television broadcasts, broadcasts or transmissions through 4 16 other publicly available electronic communications, and video 4 17 or audio tape recordings which are publicly distributed. 4 18 b. Print media, such as newspapers, pamphlets, folders, 4 19 display cards, signs, posters, or billboard advertisements. 4 20 c. Any other methods or mediums designed for publicly 4 21 advertising or publishing information. 4 22 3. For purposes of this section, "sponsor" means a person 4 23 who pays for or approves published material and shall include 4 24 a candidate or committee which knows and approves of an 4 25 independent expenditure made by another person under section 4 26 56.13. 4 27 Sec. 6. Section 56.42, subsection 2, Code 1997, is amended 4 28 to read as follows: 4 29 2. a. If an unexpended balance of campaign funds remains 4 30 in the committee's account when a candidate's committee 4 31 dissolves, the unexpended balance shall be transferred 4 32 pursuant to subsection 1. 4 33 b. If an unexpended balance of campaign funds remains in 4 34 the account of a candidate's committee for at least seven 4 35 years after the candidate's last day of service in a public 5 1 office, the unexpended balance shall be transferred pursuant 5 2 to subsection 1, paragraph "b". 5 3 Sec. 7. Section 422.12, Code 1997, is amended by adding 5 4 the following new subsection: 5 5 NEW SUBSECTION. 4. A tax credit for qualified political 5 6 contributions pursuant to section 56.6C. 5 7 Sec. 8. CAMPAIGN FINANCE COMMISSION. The campaign finance 5 8 commission is established to study the laws relating to the 5 9 financing of elections for office and to recommend reforms in 5 10 these laws, according to the following: 5 11 1. Appointment. The commission shall be composed of seven 5 12 members, bipartisan and gender-balanced in accordance with 5 13 sections 69.16 and 69.16A, and appointed as follows: 5 14 a. Three members shall be the state chairs of each of the 5 15 political parties, as defined in section 43.2, or their 5 16 designees. 5 17 b. Four members shall be jointly appointed by the majority 5 18 and minority leaders of the house and senate. These members 5 19 shall be appointed from nonpartisan organizations which have 5 20 researched, studied, and advocated the issue of political 5 21 campaign finance reform for fifteen years or more, or who are 5 22 specially qualified to serve on the commission because of 5 23 training or experience. 5 24 c. The commission shall elect a chair and vice-chair at 5 25 its first meetings. 5 26 2. Terms. The members of the commission shall serve for 5 27 the life of the commission. 5 28 3. Vacancies. A vacancy in the commission shall be filled 5 29 in the manner in which the original appointment was made. 5 30 Sec. 9. POWERS AND DUTIES OF THE COMMISSION. 5 31 1. Hearings. The commission may hold hearings which shall 5 32 be open and announced in advance to the public, take 5 33 testimony, and receive evidence as the commission considers 5 34 appropriate. Activities of the commission shall be held in 5 35 accordance with chapter 21. 6 1 The commission shall hold at least one hearing in each 6 2 congressional district within the state specifically to obtain 6 3 public input on the issue of campaign finance reform. 6 4 2. Quorum. Four members of the commission shall 6 5 constitute a quorum, but a lesser number may hold hearings. 6 6 3. Report. Not later than December 15, 1997, the 6 7 commission shall submit to the general assembly a report of 6 8 the activities of the commission, together with a draft of 6 9 legislation recommended by the commission to reform the laws 6 10 regarding the financing of political campaigns for 6 11 consideration by the general assembly in 1998 according to the 6 12 provisions of this Act. 6 13 4. Matters to be considered. In holding hearings and 6 14 preparing the report required under subsection 3, the 6 15 commission shall consider all issues related to campaign 6 16 finance reform, including, but not limited to expenditure 6 17 limits, expenditure and contribution disclosure, contribution 6 18 limits by individuals and committees, soft money, independent 6 19 expenditures, and negative campaigning. The commission may 6 20 secure directly from any department or agency such information 6 21 as the commission considers necessary, and the department or 6 22 agency shall promptly furnish such information to the 6 23 commission. 6 24 5. Staffing. Assistance shall be provided to the 6 25 commission by the central nonpartisan legislative staff 6 26 bureaus. The commission may utilize the services of the 6 27 legislative service bureau in formulating a draft of 6 28 legislation. The attorney general's office and the ethics and 6 29 campaign disclosure board shall serve as consultants, and 6 30 advise the commission as necessary. 6 31 Sec. 10. FAST-TRACK PROCEDURE. 6 32 1. The legislation drafted by the commission shall be 6 33 filed with each chamber on the first day of the 1998 6 34 legislative session, and immediately assigned to the committee 6 35 on state government in each chamber. 7 1 2. Each committee on state government shall have no more 7 2 than one week from the first day of the legislative session to 7 3 review the legislation. If approved by the committee, the 7 4 legislation shall immediately be placed on the calendar for 7 5 consideration by the full chamber. The legislation must be 7 6 approved or rejected by both chambers within thirty days of 7 7 the first day of the 1998 legislative session. 7 8 3. No amendment to the draft legislation shall be in order 7 9 in either chamber of the general assembly, either in committee 7 10 or on the floor. No motion to suspend the application of 7 11 these rules shall be in order in either chamber of the general 7 12 assembly, either in committee or on the floor. 7 13 4. All time periods under this section shall be calculated 7 14 according to calendar days. Weekends and days when the 7 15 general assembly is not in session shall be included in any 7 16 calculation. 7 17 Sec. 11. TERMINATION. The commission shall cease to exist 7 18 one month after the submission of its report under section 9 7 19 of this Act. 7 20 EXPLANATION 7 21 This bill relates to campaign finance. 7 22 New Code section 56.5B is created to set a limit on 7 23 contributions by political committees to certain political 7 24 campaigns. Limits apply to candidates for statewide offices 7 25 and the general assembly during each election campaign cycle, 7 26 which is defined as the period of time from a general or 7 27 special election until the next election day for that office. 7 28 Statutory political committees and national political parties 7 29 are not subject to these limits. Violation of these 7 30 provisions is a serious misdemeanor under Code section 56.16. 7 31 New Code section 56.6A provides for voluntary expenditure 7 32 limits in political campaigns by candidates for the general 7 33 assembly. Under new Code section 56.6C, persons who 7 34 contribute to a candidate for the general assembly who is 7 35 running in the person's legislative district and who has filed 8 1 a declaration of limitation on expenditures may claim a tax 8 2 credit of up to $100 per qualified candidate. A conforming 8 3 amendment is made to Code section 422.12 regarding the tax 8 4 credit. Under new Code section 56.6B expenditures may be 8 5 challenged pursuant to the procedure in Code section 68B.32B 8 6 by complaints to the Iowa ethics and campaign disclosure 8 7 board. A complaint challenging an expenditure must be 8 8 assessed by the board within 24 hours of the filing of the 8 9 complaint for probable cause that the expenditure was 8 10 unreported, improperly reported, or caused the candidate to 8 11 exceed the applicable limit. A finding that a candidate has 8 12 exceeded an applicable limit will release the candidate's 8 13 opponent from an obligation to comply with that candidate's 8 14 own declaration of limitation on expenditures. 8 15 New Code section 56.14A is created to prohibit published 8 16 material, on behalf of or in opposition to any candidate or 8 17 ballot issue, that contains information that the sponsor knows 8 18 to be untrue, deceptive, or misleading. "Published material" 8 19 is defined to include public statements or graphic 8 20 representations made through various forms of print, 8 21 electronic, or other mediums. A person who willfully violates 8 22 any of the requirements or prohibitions contained in chapter 8 23 56 is guilty of a serious misdemeanor, subject to a penalty of 8 24 a fine of at least $250 but not to exceed $1,500, and may also 8 25 include imprisonment of not more than one year. 8 26 Code section 56.42 is amended to permit a transfer of funds 8 27 remaining in a candidate's account to a national, state, or 8 28 local political party after the candidate has not served in 8 29 public office for seven years. 8 30 Finally, the bill creates a campaign finance commission to 8 31 review issues related to campaign finance reform, to prepare a 8 32 report to be submitted to the legislature by December 15, 8 33 1997, and to prepare draft reform legislation. The members of 8 34 the commission are composed of the three chairs of the state 8 35 political parties, and four representatives of nonpartisan 9 1 organizations that have studied and advocated campaign finance 9 2 reform. Public hearings shall be held in each congressional 9 3 district. The bill also provides for fast-track consideration 9 4 of the draft legislation by the general assembly. Both 9 5 chambers must debate and vote on the legislation, without any 9 6 amendment, within 30 days of the start of the 1998 legislative 9 7 session. 9 8 LSB 1923SV 77 9 9 jls/jj/8
Text: SF00519 Text: SF00521 Text: SF00500 - SF00599 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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