Text: HF02408 Text: HF02410 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 56.2, subsection 14, paragraph c, Code 1 2 Supplement 1999, is amended by striking the paragraph. 1 3 Sec. 2. NEW SECTION. 56.4A FALSE MATERIAL STATEMENTS. 1 4 A person shall not knowingly or willfully make a false 1 5 material statement in any report, form, or statement filed 1 6 with the board, or with a commissioner. 1 7 Sec. 3. Section 56.12A, unnumbered paragraph 1, Code 1 8 Supplement 1999, is amended to read as follows: 1 9The state and the governing body of a county, city, or1 10other political subdivision of the stateA person shall not 1 11 expend or permit the expenditure of public moneys for 1 12 political purposes, including expressly advocating the passage 1 13 or defeat of a ballot issue. 1 14 Sec. 4. Section 56.13, Code Supplement 1999, is amended by 1 15 striking the section and inserting in lieu thereof the 1 16 following: 1 17 56.13 INDEPENDENT EXPENDITURES. 1 18 1. Any individual who meets all of the following criteria 1 19 shall file an independent expenditure statement with the board 1 20 or commissioner where the benefited committee files statements 1 21 and reports under this chapter: 1 22 a. The individual is not a candidate. 1 23 b. The individual is acting independently and not in 1 24 coordination with another individual, organization, or 1 25 committee. 1 26 c. The individual makes one or more expenditures in excess 1 27 of five hundred dollars in the aggregate, or incurs 1 28 indebtedness in excess of five hundred dollars in the 1 29 aggregate, to expressly advocate the election or defeat of a 1 30 clearly identified candidate or the passage or defeat of a 1 31 ballot issue. 1 32 2. Any combination of two or more individuals, or a person 1 33 other than an individual, that makes one or more expenditures 1 34 in excess of five hundred dollars in the aggregate, or incurs 1 35 indebtedness in excess of five hundred dollars in the 2 1 aggregate, to expressly advocate the election or defeat of a 2 2 clearly identified candidate or the passage or defeat of a 2 3 ballot issue, shall file an independent expenditure statement 2 4 with the board or commissioner where the benefited committee 2 5 files statements and reports under this chapter. 2 6 3. An independent expenditure statement shall be filed 2 7 within ten days of the making of any expenditure or incurring 2 8 of indebtedness that exceeds the five hundred dollar aggregate 2 9 threshold. 2 10 4. The independent expenditure statement shall contain all 2 11 of the following information: 2 12 a. Identification of the individuals or persons filing the 2 13 statement. 2 14 b. Description of the position advocated by the 2 15 individuals or persons with regard to the clearly identified 2 16 candidate or ballot issue. 2 17 c. Identification of the candidate or ballot issue 2 18 benefited by the independent expenditure. 2 19 d. The dates on which the expenditures or incurrence of 2 20 indebtedness took place. 2 21 e. Description of the nature of the action taken that 2 22 resulted in the expenditures or debts. 2 23 f. The cost of the expenditures at fair market value. 2 24 5. The filing requirements of this section shall apply in 2 25 addition to any other applicable filing requirements under 2 26 this chapter. 2 27 6. The board shall develop, prescribe, furnish, and 2 28 distribute forms for the independent expenditure statements 2 29 required by this section. 2 30 Sec. 5. Section 56.14, Code Supplement 1999, is amended to 2 31 read as follows: 2 32 56.14 ATTRIBUTION STATEMENT ON POLITICAL MATERIAL – YARD 2 33 SIGNS EXEMPTED. 2 34 1. a. A person who causes the publication or distribution 2 35 of published material designed to expressly advocate the 3 1 nomination, election, or defeat of a candidate for public 3 2 office or the passage or defeat of a constitutional amendment 3 3 or public measure shall include conspicuously on the published 3 4 material the identity and address of the person responsible 3 5 for the material. 3 6 (1) If the person responsible is an organization, the name 3 7 of one officer of the organization shall appear on the 3 8 material. However, if the organization is a registered 3 9 committeewhich has filed a statement of organization under3 10this chapter, only the name of the committee is required to be 3 11 included on the published material. 3 12 (2) Published material designed to expressly advocate the 3 13 nomination, election, or defeat of a candidate for public 3 14 office or the passage or defeat of a constitutional amendment 3 15 or public measure which contains language or depictions which 3 16 a reasonable person would understand as asserting that an 3 17 entity which is incorporated or is a registered committee had 3 18 authored the material shall, if the entity is not incorporated 3 19 or a registered committee, include conspicuously on the 3 20 published material a statement that the apparent organization 3 21 or committee is not incorporated or a registered committee in 3 22 addition to the attribution statement required by this 3 23 section. 3 24 b. For purposes of this section, "registered: 3 25 (1) "Registered committee" means a committee which has an 3 26 active statement of organization filed under section 56.5. 3 27 (2) "Published material" means any newspaper, magazine, 3 28 shopper, outdoor advertising facility, poster, direct mailing, 3 29 brochure, or any other form of printed general public 3 30 political advertising; however, the identification need not be 3 31 conspicuous on posters. This subsection does not apply to 3 32 yard signs, bumper stickers, pins, buttons, pens, matchbooks, 3 33 and similar small items upon which the inclusion of the 3 34 attribution statement would be impracticable or to published 3 35 material which is subject to federal regulations regarding an 4 1 attribution requirement. 4 2b.c. This subsection does not apply to the editorials or 4 3 news articles of a newspaper or magazine which are not 4 4 political advertisements.For the purpose of this subsection,4 5"published material" means any newspaper, magazine, shopper,4 6outdoor advertising facility, poster, direct mailing,4 7brochure, or any other form of printed general public4 8political advertising; however, the identification need not be4 9conspicuous on posters. This subsection does not apply to4 10yard signs, bumper stickers, pins, buttons, pens, matchbooks,4 11and similar small items upon which the inclusion of the4 12attribution statement would be impracticable or to published4 13material which is subject to federal regulations regarding an4 14attribution requirement.4 15c.d. This subsection shall not be construed to require 4 16 the inclusion on published material of information which 4 17 discloses the identity or address of any individual who is 4 18 acting independently andusing the individual's own modest4 19resourcesexpends five hundred dollars or less to publish or 4 20 distribute the material that expressly advocates the passage 4 21 or defeat of a ballot issue. 4 222. a. Yard signs shall not be placed on any property4 23which adjoins a city, county, or state roadway sooner than4 24forty-five days preceding a primary or general election and4 25shall be removed within seven days after the primary or4 26general election in which the name of the particular candidate4 27or ballot issue described on the yard sign appears on the4 28ballot. Yard signs are subject to removal by highway4 29authorities as provided in section 319.13, or by county or4 30city law enforcement authorities in a manner consistent with4 31section 319.13. The placement or erection of yard signs shall4 32be exempt from the requirements of chapter 480. Notice may be4 33provided to the chairperson of the appropriate county central4 34committee if the highway authorities are unable to provide4 35notice to the candidate, candidate's committee, or political5 1committee regarding the yard sign.5 2b.2. Thissubsectionchapter does not prohibit the 5 3 placement of yard signs onagriculturalany of the following 5 4 property: 5 5 a. Agricultural land owned by individuals or by a family 5 6 farm operation as defined in section 9H.1, subsections 8, 8A, 5 7 9, and 10; does not prohibit the placement of yard signs on5 8property. For the purposes of this section, "agricultural 5 9 land" means agricultural land as defined in section 9H.1. 5 10 b. Property owned by private individuals who have rented 5 11 or leased the property to a corporation, if the prior written 5 12 permission of the property owner is obtained; and does not5 13prohibit the placement of yard signs on residential. 5 14 c. Residential property owned by a corporation but rented 5 15 or leased to a private individual, or property rented or 5 16 leased to a candidate's committee, county statutory political 5 17 committee, or other political committee, if the prior 5 18 permission of the renter or lessee is obtained.For the5 19purposes of this chapter, "agricultural land" means5 20agricultural land as defined in section 9H.1.5 21 3. A person shall not alter, remove, move, vandalize, 5 22 deface, or destroy any sign that expressly advocates the 5 23 election or defeat of a clearly identified candidate or the 5 24 passage or defeat of a ballot issue without the prior 5 25 permission of the owner of the sign. 5 26 Sec. 6. Section 56.41, subsection 2, paragraph i, Code 5 27 1999, is amended to read as follows: 5 28 i. Meals, groceries, or other food expense, except for 5 29ticketsthe following: 5 30 (1) Tickets to meals that the candidate attends solely for 5 31 the purpose of enhancing the candidacy or the candidacy of 5 32 another person.However, payment for food5 33 (2) Food and drink purchased for campaign related purposes 5 34 and for entertainment of campaign volunteersis permitted. 5 35 (3) Meals of up to twenty-five dollars for an event 6 1 attended by the candidate for purposes of constituency 6 2 services or for the purposes of holding elected office. 6 3 Sec. 7. EFFECTIVE DATE. This Act, being deemed of 6 4 immediate importance, takes effect upon enactment. 6 5 EXPLANATION 6 6 This bill amends certain provisions of Code chapter 56 6 7 pertaining to campaign finance law. 6 8 The bill strikes part of the definition of "express 6 9 advocacy" in Code section 56.2, subsection 14. The United 6 10 States court of appeals for the eighth circuit has held that 6 11 the language in that portion of the definition is 6 12 unconstitutional. 6 13 The bill adds new Code section 56.4A to provide that a 6 14 person shall not knowingly and willfully make a false material 6 15 statement in a campaign report or form. Violations of this 6 16 provision are punishable as a serious misdemeanor under Code 6 17 section 56.16. A serious misdemeanor is punishable by 6 18 confinement for no more than one year and a fine of at least 6 19 $250 but not more than $1,500. 6 20 The bill amends Code section 56.12A to prohibit any person 6 21 from using public moneys for political purposes. The current 6 22 statute prohibits only the state and political subdivisions 6 23 from making such expenditures. 6 24 The bill replaces language in Code section 56.13 relating 6 25 to independent expenditures and removes certain provisions 6 26 held to be unconstitutional by the United States court of 6 27 appeals for the eighth circuit. The new language requires the 6 28 filing by individuals or certain persons of an independent 6 29 expenditure statement within 10 days of making an expenditure 6 30 or incurring an indebtedness exceeding $500 in the aggregate 6 31 to expressly advocate the election or defeat of a clearly 6 32 identified candidate or the passage or defeat of a ballot 6 33 issue. The new language specifies the criteria for filing, as 6 34 well as the contents of the statement. 6 35 The bill amends and reorganizes Code section 56.14 relating 7 1 to attribution statements on political material and to yard 7 2 signs. The bill specifies a $500 limit for political material 7 3 that can be distributed by an individual to expressly advocate 7 4 the passage or defeat of a ballot issue, rather than the 7 5 current limit of the individual's "modest resources" regarding 7 6 candidates or ballot issues. 7 7 The bill removes restrictions on the placement of yard 7 8 signs held to be unconstitutional by the United States court 7 9 of appeals for the eighth circuit. The bill reorganizes the 7 10 remaining subsection pertaining to placement of yard signs on 7 11 certain types of property and adds that such signs can be 7 12 placed on corporate property that is rented by a political 7 13 committee. 7 14 The bill also adds a provision prohibiting the movement or 7 15 destruction of yard signs without permission. Violations of 7 16 this provision are punishable as a serious misdemeanor under 7 17 Code section 56.16. A serious misdemeanor is punishable by 7 18 confinement for no more than one year and a fine of at least 7 19 $250 but not more than $1,500. 7 20 Code section 56.41 is amended to permit the use of campaign 7 21 funds, up to $25, for payment of meals for an event attended 7 22 by a candidate for purposes of constituency services or for 7 23 the purposes of holding elected office. 7 24 This bill takes effect upon enactment. 7 25 LSB 5280HV 78 7 26 jj/gg/8
Text: HF02408 Text: HF02410 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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