Text: HSB00081 Text: HSB00083 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 56.2, subsection 16, Code 1999, is 1 2 amended to read as follows: 1 3 16. "Political committee" means a committee, but not a 1 4 candidate's committee, which accepts contributions in excess 1 5 of five hundred dollars in the aggregate, makes expenditures 1 6 in excess of five hundred dollars in the aggregate, or incurs 1 7 indebtedness in excess of five hundred dollars in the 1 8 aggregate in any one calendar year for the purpose of 1 9 supporting or opposing a candidate for public office, or for 1 10 the purpose of supporting or opposing a ballot issue; 1 11 "political committee" also means an association, lodge, 1 12 society, cooperative, union, fraternity, sorority, educational 1 13 institution, civic organization, labor organization, religious 1 14 organization, or professional organization which accepts 1 15 contributions in excess of five hundred dollars in the 1 16 aggregate, makes expenditures in excess of five hundred 1 17 dollars in the aggregate, or incurs indebtedness in excess of 1 18 five hundred dollars in the aggregate in any one calendar year 1 19 for the purpose of supporting or opposing a candidate for 1 20 public office, or for the purpose of supporting or opposing a 1 21 ballot issue."Political committee" also includes a committee1 22which accepts contributions in excess of five hundred dollars1 23in the aggregate, makes expenditures in excess of five hundred1 24dollars in the aggregate, or incurs indebtedness in excess of1 25five hundred dollars in the aggregate in a calendar year to1 26cause the publication or broadcasting of material in which the1 27public policy positions or voting record of an identifiable1 28candidate is discussed and in which a reasonable person could1 29find commentary favorable or unfavorable to those public1 30policy positions or voting record.1 31 Sec. 2. Section 56.5, subsection 2, paragraph a, Code 1 32 1999, is amended to read as follows: 1 33 a. The name, purpose, mailing address, and telephone 1 34 number of the committee. 1 35 (1) The committee name shall not duplicate the name of 2 1 another committee organized under this section, except in the 2 2 case of a committee for a municipal or school elective office, 2 3 or for a local ballot issue, provided that the name for such a 2 4 committee does not duplicate the name of another committee 2 5 organized on behalf of an individual seeking municipal or 2 6 school elective office, or for a local ballot issue, within 2 7 the same election boundaries. 2 8 (2) For candidate's committees filing initial statements 2 9 of organization on or after July 1, 1995, the candidate's name 2 10 shall be contained within the committee name. 2 11 Sec. 3. Section 56.12A, Code 1999, is amended to read as 2 12 follows: 2 13 56.12A USE OF PUBLIC MONEYS FOR POLITICAL PURPOSES. 2 14 1. The state and the governing body of a county, city, or 2 15 other political subdivision of the state shall not expend or 2 16 permit the expenditure of public moneys for political 2 17 purposes, including supporting or opposing a ballot issue. 2 18 2.ThisA person shall not use public funds or property 2 19 paid for or supported by public funds for political purposes. 2 20 3. Notwithstanding subsections 1 and 2, this section shall 2 21 not be construed:to2 22 a. To limit the freedom of speech of officials or 2 23 employees of the state or of officials or employees of a 2 24 governing body of a county, city, or other political 2 25 subdivision of the state.This section also shall not be2 26construed to2 27 b. To prohibit the state or a governing body of a 2 28 political subdivision of the state from expressing an opinion 2 29 on a ballot issue through the passage of a resolution or 2 30 proclamation. 2 31 c. To apply to public resources that are open and 2 32 available for use, regardless of purpose, by members of the 2 33 general public. 2 34 Sec. 4. Section 56.14, Code 1999, is amended to read as 2 35 follows: 3 1 56.14POLITICALATTRIBUTION STATEMENT ON PUBLISHED 3 2 MATERIAL – YARD SIGNS. 3 3 1. a. A person who causes the publication or distribution 3 4 of published material designed to promote or defeat the 3 5 nomination or election of a candidate for public office or the 3 6 passage of a constitutional amendment or public measure shall 3 7 include conspicuously on the published material the identity 3 8 and address of the person responsible for the material. 3 9 (1) If the person responsible is an organization, the name 3 10 of one officer of the organization shall appear on the 3 11 material.However, if3 12 (2) If the organization is a committee which has filed a 3 13 statement of organization under this chapter, only the name of 3 14 the committee is required to be included on the published 3 15 material. 3 16 (3) Published material designed to promote or defeat the 3 17 nomination or election of a candidate for public office or the 3 18 passage of a constitutional amendment or public measure which 3 19 contains language or depictions which a reasonable person 3 20 would understand as asserting that an entity which is 3 21 incorporated or is a registered committee had authored the 3 22 material shall, if the entity is not incorporated or a 3 23 registered committee, include conspicuously on the published 3 24 material a statement that the apparent organization or 3 25 committee is not incorporated or a registered committee in 3 26 addition to the attribution statement required by this 3 27 section. 3 28 b. For purposes of this section,"registered3 29 (1) "Conspicuously" means the following: 3 30 (a) In published material, the appearance of the 3 31 attribution statement at the bottom of a page in type as large 3 32 as the smallest type otherwise contained in the published 3 33 material. 3 34 (b) On signs with dimensions of sixteen square feet or 3 35 less, unless specifically exempted from an attribution 4 1 requirement in paragraph "b", the appearance of the 4 2 attribution statement at the bottom of the sign in letters at 4 3 least one inch high. 4 4 (c) On signs larger than sixteen square feet, the 4 5 appearance of the attribution statement at the bottom of the 4 6 sign in letters at least six inches high. 4 7 (2) "Published material" means any newspaper, magazine, 4 8 shopper, outdoor advertising facility, poster, direct mailing, 4 9 brochure, or any other form of printed general public 4 10 political advertising; however, the identification need not be 4 11 conspicuous on posters. 4 12 (3) Registered committee" means a committee which has an 4 13 active statement of organization filed under section 56.5. 4 14 (4) "Yard sign" means a sign with dimensions of sixteen 4 15 square feet or less than has been placed or posted outdoors, 4 16 or in a window facing the exterior of the building. 4 17b.c. This subsection does not apply to theeditorials4 18 following: 4 19 (1) Editorials or news articles of a newspaper or magazine 4 20 which are not political advertisements.For the purpose of4 21this subsection, "published material" means any newspaper,4 22magazine, shopper, outdoor advertising facility, poster,4 23direct mailing, brochure, or any other form of printed general4 24public political advertising; however, the identification need4 25not be conspicuous on posters.4 26 (2)This subsection does not apply to yardYard signs, 4 27 bumper stickers, pins, buttons, pens, matchbooks, and similar 4 28 small items upon which the inclusion of the attribution 4 29 statement would be impracticable or to published material 4 30 which is subject to federal regulations regarding an 4 31 attribution requirement. 4 32c.d. This subsection shall not be construed to require 4 33 the inclusion on published material of information which 4 34 discloses the identity or address of any individual who is 4 35 acting independently andusing the individual's own modest5 1resourcesexpends five hundred dollars or less to publish or 5 2 distribute the material. 5 3 2. a. (1)Yard signs shall not be placed on any property5 4which adjoins a city, county, or state roadway sooner than5 5forty-five days preceding a primary or general election and5 6shall be removed within seven days after the primary or5 7general election in which the name of the particular candidate5 8or ballot issue described on the yard sign appears on the5 9ballot. Yard signs are subject to removal by highway5 10authorities as provided in section 319.13, or by county or5 11city law enforcement authorities in a manner consistent with5 12section 319.13.A sign designed to promote or defeat the 5 13 nomination or election of a candidate to public office or the 5 14 passage of a constitutional amendment or public measure may be 5 15 posted for a maximum period of ninety days before it shall be 5 16 removed or replaced. 5 17 (2) The placement or erection of yard signs shall be 5 18 exempt from the requirements of chapter 480.Notice may be5 19provided to the chairperson of the appropriate county central5 20committee if the highway authorities are unable to provide5 21notice to the candidate, candidate's committee, or political5 22committee regarding the yard sign.5 23 (3) State, county, or city law enforcement authorities 5 24 shall remove a sign designed to promote or defeat the 5 25 nomination or election of a candidate to public office or the 5 26 passage of a constitutional amendment or public measure that 5 27 is placed on public property or in the public right-of-way 5 28 adjoining public roadways, and shall deliver it to the office 5 29 of the county commissioner of elections who shall notify 5 30 either the owner of the sign or the appropriate county central 5 31 committee, if applicable. Signs not claimed within seven days 5 32 of notification may be discarded by the commissioner. 5 33 b. This subsection does not prohibit theplacement5 34 following: 5 35 (1) Placement of yard signs on agricultural land owned by 6 1 individuals or by a family farm operation as defined in 6 2 section 9H.1, subsections 8, 8A, 9, and 10; does not prohibit6 3the placement. 6 4 (2) Placement of yard signs on property owned by private 6 5 individuals who have rented or leased the property to a 6 6 corporation, if the prior written permission of the property 6 7 owner is obtained; and does not prohibit the placement. 6 8 (3) Placement of yard signs onresidentialproperty owned 6 9 by a corporation but rented or leasedto a private individual6 10 if the prior permission of the renter or lessee is obtained. 6 11 c. For the purposes of this chapter, "agricultural land" 6 12 means agricultural land as defined in section 9H.1. 6 13 3. It shall be a violation of this chapter for any person 6 14 to alter, remove, move, vandalize, deface, or destroy a sign 6 15 designed to promote or defeat the nomination or election of a 6 16 candidate to public office or the passage of a constitutional 6 17 amendment or public measure, or other than the following 6 18 persons: 6 19 a. Persons specifically authorized by this section or 6 20 other law or ordinance to remove such signs. 6 21 b. Person who have obtained the prior permission of the 6 22 owner of the sign to take such action. 6 23 Sec. 5. NEW SECTION. 56.14A INFERENCES OF INCUMBENCY. 6 24 1. Published material and signs designed to promote or 6 25 defeat the nomination or election of a candidate to public 6 26 office shall not infer that the candidate is the incumbent for 6 27 that office, except for the published materials and signs of 6 28 an incumbent seeking reelection to the same office. An 6 29 inference of incumbency includes, but is not limited to, the 6 30 use of the title associated with the office to which the 6 31 candidate seeks election in a manner which implies that the 6 32 individual already holds that office or possesses the title 6 33 associated with the office. 6 34 2. For purposes of this section, "published material" 6 35 means the same as in section 56.14. 7 1 Sec. 6. Section 56.16, Code 1999, is amended to read as 7 2 follows: 7 3 56.16PENALTYPENALTIES. 7 4 1. Any person who willfully violates any provisions of 7 5 this chaptershall upon conviction, befor which a penalty is 7 6 not specified is guilty of a serious misdemeanor. 7 7 2. Any person who knowingly and willfully makes a false 7 8 material statement in a report or statement required under 7 9 this chapter or under rules adopted pursuant to this chapter, 7 10 commits the offense of fraudulent campaign finance reporting 7 11 and is guilty of a serious misdemeanor. 7 12 Sec. 7. Section 56.41, subsection 2, paragraph i, Code 7 13 1999, is amended to read as follows: 7 14 i. (1) Meals, groceries, or other food expense, except7 15for tickets. 7 16 (2) Notwithstanding subparagraph (1), use of campaign 7 17 funds for the following purposes is permitted: 7 18 (a) Tickets to meals that the candidate attends solely for 7 19 the purpose of enhancing the candidacy or the candidacy of 7 20 another person.However, payment7 21 (b) Payment for food and drink purchased for campaign 7 22 related purposes and for entertainment of campaign volunteers 7 23is permitted. 7 24 (c) Payment of actual meal expenses that are not otherwise 7 25 compensated, up to twenty-five dollars per event, for an event 7 26 attended by the candidate in providing service to constituents 7 27 or in performing duties of elected office. 7 28 Sec. 8. Section 68B.26, Code 1999, is amended to read as 7 29 follows: 7 30 68B.26 ACTIONS COMMENCED. 7 31Actions against public officials or public employees to7 32enforce the provisions of this chapter may be commenced by the7 33filing of a complaint with the county attorney by any legal7 34resident of the state of Iowa who is eighteen years of age or7 35more at the time of commencing the action or by the attorney8 1general.Complaints regarding conduct of local officials or 8 2 local employees which violates this chapter shall be filed 8 3 with the county attorney in the county where the accused 8 4 resides. However, if the county attorney is the person 8 5 against whom the complaint is being made, or if the county 8 6 attorney has a personal or legal conflict of interest, the 8 7 complaint shall be filed with the attorney general. 8 8 Sec. 9. Section 68B.32A, subsections 1 and 11, Code 1999, 8 9 are amended to read as follows: 8 10 1. Adopt rules pursuant to chapter 17A and conduct 8 11 hearings under sections 68B.32B and 68B.32C and chapter 17A, 8 12 as necessary to carry out the purposes of this chapter and 8 13chapterchapters 56 and 71. 8 14 11. Establish a procedure for requesting and issuing 8 15 formal and informal board opinions to local officials and 8 16 employees and to persons subject to the authority of the board 8 17 under this chapter or chapter 56 or 71. Advice contained in 8 18 formal board opinions shall, if followed, constitute a defense 8 19 to a complaint filed with the board alleging a violation of 8 20 this chapter, chapter 56 or 71, or rules of the board that is 8 21 based on the same facts and circumstances. 8 22 Sec. 10. Section 68B.32B, subsection 1, Code 1999, is 8 23 amended to read as follows: 8 24 1. a. Any person may file a complaint alleging that a 8 25 candidate, committee, person holding a state office in the 8 26 executive branch of state government, employee of the 8 27 executive branch of state government, or other person has 8 28 committed a violation of chapter 56 or rules adopted by the 8 29 board. 8 30 b. Any person may file a complaint alleging that a person 8 31 holding a state office in the executive branch of state 8 32 government, an employee of the executive branch of state 8 33 government, or a lobbyist or a client of a lobbyist of the 8 34 executive branch of state government has committed a violation 8 35 of this chapter or rules adopted by the board. 9 1 c. Any person may file a complaint alleging that a person 9 2 has committed a violation of chapter 71 or rules adopted by 9 3 the board. 9 4 d. The board shall prescribe and provide forms forthis9 5 the purpose of filing complaints under this section. 9 6 e. A complaint must include the following information: 9 7 (1) The name and address of the complainant, a. 9 8 (2) A statement of the facts believed to be true that form 9 9 the basis of the complaint, including the sources of 9 10 information and approximate dates of the acts alleged, and a. 9 11 (3) A certification by the complainant under penalty of 9 12 perjury that the facts stated to be true are true to the best 9 13 of the complainant's knowledge. 9 14 Sec. 11. Section 68B.32B, subsection 4, paragraph a, Code 9 15 1999, is amended to read as follows: 9 16 a. Facts that would establish a violation of a provision 9 17 of this chapter, chapter 56 or 71, or rules adopted by the 9 18 board. 9 19 Sec. 12. Section 68B.32B, subsections 8 and 9, Code 1999, 9 20 are amended to read as follows: 9 21 8. The purpose of an investigation by the board's staff is 9 22 to determine whether there is probable cause to believe that 9 23 there has been a violation of this chapter, chapter 56 or 71, 9 24 or of rules adopted by the board. To facilitate the conduct 9 25 of investigations, the board may issue and seek enforcement of 9 26 subpoenas requiring the attendance and testimony of witnesses 9 27 and subpoenas requiring the production of books, papers, 9 28 records, and other real evidence relating to the matter under 9 29 investigation. Upon the request of the board, an appropriate 9 30 county attorney or the attorney general shall assist the staff 9 31 of the board in its investigation. 9 32 9. If the board determines on the basis of an 9 33 investigation by board staff that there is probable cause to 9 34 believe the existence of facts that would establish a 9 35 violation of this chapter, chapter 56 or 71, or of rules 10 1 adopted by the board, the board may issue a statement of 10 2 charges and notice of a contested case proceeding to the 10 3 complainant and to the person who is the subject of the 10 4 complaint, in the manner provided for the issuance of 10 5 statements of charges under chapter 17A. If the board 10 6 determines on the basis of an investigation by staff that 10 7 there is no probable cause to believe that a violation has 10 8 occurred, the board shall close the investigation, dismiss any 10 9 related complaint, and the subject of the complaint shall be 10 10 notified of the dismissal. If the investigation originated 10 11 from a complaint filed by a person other than the board, the 10 12 person making the complaint shall also be notified of the 10 13 dismissal. 10 14 Sec. 13. Section 68B.32C, subsections 1 and 3, Code 1999, 10 15 are amended to read as follows: 10 16 1. a. Contested case proceedings initiated as a result of 10 17 the issuance of a statement of charges pursuant to section 10 18 68B.32B, subsection 9, shall be conducted in accordance with 10 19 the requirements of chapter 17A. 10 20 b. Clear and convincing evidence shall be required to 10 21 support a finding that a person has violated this chapter or 10 22 any rules adopted by the board pursuant to this chapter. 10 23 c. A preponderance of the evidence shall be required to 10 24 support a finding that a person has violated chapter 56 or 71, 10 25 or any rules adopted by the board pursuant to chapter 56 or 10 26 71. 10 27 d. The case in support of the statement of charges shall 10 28 be presented at the hearing by one of the board's attorneys or 10 29 staff unless, upon the request of the board, the charges are 10 30 prosecuted by another legal counsel designated by the attorney 10 31 general. 10 32 e. A person making a complaint under section 68B.32B, 10 33 subsection 1, is not a party to contested case proceedings 10 34 conducted relating to allegations contained in the complaint. 10 35 3. a. Upon a finding by the board that the party charged 11 1 has violated this chapter, chapter 56 or 71, or rules adopted 11 2 by the board, the board may impose any penalty provided for by 11 3 section 68B.32D. 11 4 b. Upon a final decision of the board finding that the 11 5 party charged has not violated this chapter, chapter 56 or 71, 11 6 or the rules of the board, the complaint shall be dismissed 11 7 and the party charged and the original complainant, if any, 11 8 shall be notified. 11 9 Sec. 14. Section 68B.32D, subsection 1, unnumbered 11 10 paragraph 1, Code 1999, is amended to read as follows: 11 11 The board, after a hearing and upon a finding that a 11 12 violation of this chapter, chapter 56 or 71, or rules adopted 11 13 by the board has occurred, may do one or more of the 11 14 following: 11 15 Sec. 15. Section 68B.32D, subsection 1, paragraphs d, f, 11 16 g, and h, Code 1999, are amended to read as follows: 11 17 d. Publicly reprimand in writing the violator for 11 18 violations of this chapter, chapter 56 or 71, or rules adopted 11 19 by the board in writing and provide a copy of the reprimand to 11 20 the violator's appointing authority. 11 21 f. If the violation is a violation of this chapter, 11 22 chapter 56 or 71, or rules adopted by the boardpursuant to11 23this chapterand the violator is an elected official of the 11 24 executive branch of state government, other than an official 11 25 who can only be removed by impeachment, make a written 11 26 recommendation to the attorney general or the appropriate 11 27 county attorney that an action for removal from office be 11 28 initiated pursuant to chapter 66. 11 29 g. If the violation is a violation of this chapter, 11 30 chapter 56, or rules adopted by the boardpursuant to this11 31chapterand the violator is a lobbyist of the executive branch 11 32 of state government, censure, reprimand, or impose other 11 33 sanctions deemed appropriate by the board. A lobbyist may 11 34 also be suspended from lobbying activities if the board finds 11 35 that suspension is an appropriate sanction for the violation 12 1 committed. 12 2 h. Issue an order requiring the violator to pay a civil 12 3 penalty of not more than two thousand dollars for each 12 4 violation of this chapter, chapter 56 or 71, or rules adopted 12 5 by the board. 12 6 Sec. 16. Section 68B.32D, subsection 1, Code 1999, is 12 7 amended by adding the following new paragraph: 12 8 NEW PARAGRAPH. j. Charge a fee to the respondent not to 12 9 exceed seventy-five dollars for conducting a contested case 12 10 proceeding pursuant to this chapter, chapter 56 or 71, or 12 11 rules adopted by the board that leads to a disciplinary action 12 12 against the respondent. In addition to the fee, the board may 12 13 recover costs for the following procedures and associated 12 14 personnel expenses: 12 15 (1) Preparation of a transcript of the proceeding. 12 16 (2) Witness fees and expenses. 12 17 (3) Depositions. 12 18 Sec. 17. Section 68B.32D, subsection 3, Code 1999, is 12 19 amended to read as follows: 12 20 3. If a person fails to comply with an order of the board 12 21 under subsection 1,paragraph "a", "b", "c", or "h",the board 12 22 may petition the Polk county district courthaving12 23jurisdictionfor an order for enforcement of the order of the 12 24 board. The enforcement proceeding shall be conducted as 12 25 provided in section 68B.33. 12 26 Sec. 18. Section 68B.35, subsection 2, Code 1999, is 12 27 amended by adding the following new paragraph: 12 28 NEW PARAGRAPH. i. Any attorney for a state agency who 12 29 serves as the primary legal counsel for the agency or 12 30 otherwise provides legal advice regarding the general 12 31 operation of the agency, including internal counsel for the 12 32 agency or a private attorney retained by contract. This 12 33 requirement shall not include any attorney assigned to an 12 34 agency by the attorney general's staff to serve as the 12 35 agency's primary legal advisor, unless the attorney is paid by 13 1 the agency, or has permanent offices within the agency, or is 13 2 otherwise required to file a financial statement under this 13 3 section. 13 4 Sec. 19. Section 68B.38, subsection 1, Code 1999, is 13 5 amended to read as follows: 13 6 1.Beginning in 1994, no later thanOn or before January 13 7 31 and July 31 of each year,unless no payments are made,a 13 8 lobbyist's client shall file with the general assembly or 13 9 board a report that contains information on all salaries, 13 10 fees, and retainers paid by the lobbyist's client to the 13 11 lobbyist for lobbying purposes during the preceding six 13 12 calendar months. Reports by lobbyists' clients shall be filed 13 13 with the same entity with which the lobbyist filed the 13 14 lobbyist's registration. 13 15 Sec. 20. Section 71.1, Code 1999, is amended to read as 13 16 follows: 13 17 71.1 EMPLOYMENTS PROHIBITED. 13 18 1.It shall hereafter be unlawful for anyA person elected 13 19 or appointed to any public office or position under the laws 13 20 of the state or by virtue of the ordinance of any city in the 13 21 state,toshall not appointasor employ a deputy, clerk, or 13 22 helperin said office or positionto be paid fromthepublic 13 23 funds,any personwho is related to the holder of the office 13 24 or position by consanguinity or affinity,within the third 13 25 degree,to the person elected, appointed, or making said13 26appointment,unless such appointmentshall first beis 13 27 approved by the officer, board, council, or commission whose 13 28 duty it is to approve the bond of theprincipal; provided this13 29provisionholder of the office or position. 13 30 2. Subsection 1 shall not applyin cases where suchto any 13 31 of the following: 13 32 a. The person appointedreceivesor employed would receive 13 33 compensation at the rate of six hundred dollars per year or 13 34 less, nor shall it apply to persons teaching. 13 35 b. The person appointed or employed teaches in the public 14 1 schools, nor shall it apply to the employment of clerks of14 2members. 14 3 c. The person appointed or employed works as a clerk for a 14 4 member of the general assembly. 14 5 Sec. 21. NEW SECTION. 71.1A EXECUTIVE BRANCH – 14 6 ADDITIONAL RESTRICTIONS. 14 7 1. Notwithstanding the provisions of section 71.1, a state 14 8 officer or employee of the executive branch shall not advocate 14 9 or cause the employment, appointment, promotion, transfer, or 14 10 advancement of a member of the officer's or employee's family 14 11 or household to any office or position within the executive 14 12 branch. 14 13 2. A state officer or employee of the executive branch 14 14 shall not participate in an action relating to the employment 14 15 or discipline of a member of the officer's or employee's 14 16 family or household. 14 17 3. As used in this section: 14 18 a. "Family member" means any person related by 14 19 consanguinity or affinity within the third degree. 14 20 b. "Household member" includes any person having legal 14 21 residence at the same address or living in the same residence. 14 22 Sec. 22. Section 71.2, Code 1999, is amended to read as 14 23 follows: 14 24 71.2 PAYMENT PROHIBITED. 14 25 1.NoA personso unlawfullyappointed or employed in 14 26 violation of this chapter shall not be paid or receive any 14 27 compensation fromthepublicmoney and suchfunds. 14 28 2. An appointment or employment in violation of this 14 29 chapter shall be null and void.and any14 30 3. A person or personssopayingthe same or any part14 31thereofcompensation in violation of this section shall, 14 32 together with their surety,shallbe liable for anyand all14 33moneyspublic funds so paid. 14 34 Sec. 23. NEW SECTION. 71.3 PENALTY. 14 35 In addition to any other penalty authorized under this 15 1 Code, a person who knowingly and intentionally violates any 15 2 provision of this chapter is guilty of a serious misdemeanor. 15 3 Sec. 24. Section 331.756, subsection 15, Code 1999, is 15 4 amended to read as follows: 15 5 15. a. Receive, investigate, and prosecute complaints 15 6 filed pursuant to section 68B.26. 15 7 b. Review the report and recommendations of the ethics and 15 8 campaign disclosure board and proceed to institute the 15 9 recommended actions or advise the board that prosecution is 15 10 not merited, as provided in sections 68B.32C and 68B.32D. 15 11 EXPLANATION 15 12 This bill relates to campaign finance and ethics laws. 15 13 The definition of political committee is amended in Code 15 14 section 56.2 to exclude from regulation under Code chapter 56 15 15 committees which annually expend more than $500 on publication 15 16 of public policy positions or candidate voting records. 15 17 Code section 56.5 is amended to provide that committee 15 18 names for school or municipal elective office or for local 15 19 ballot issue may not duplicate another committee name within 15 20 the voting boundaries for that elective office or ballot 15 21 issue. 15 22 Code section 56.12A is amended to prohibit the use of 15 23 public funds or property paid for or supported by public funds 15 24 for political purposes. The section does not apply to public 15 25 resources that are equally available for public use. 15 26 Code section 56.14 is amended in several respects. First, 15 27 a definition is added to specify the size of text that must be 15 28 used in attribution statements. Second, the size and 15 29 placement of a yard sign are defined. Third, consistent with 15 30 court decisions in the last few years, the time period for 15 31 removal of campaign signs is changed. The new requirement 15 32 allows temporary display of a campaign sign for 90 days before 15 33 it must be replaced, and allows local law enforcement 15 34 authorities to remove signs placed on the public right-of-way 15 35 and deliver them to the commissioner of elections, for pickup 16 1 within seven days by the sign owner or the county central 16 2 committee. Fourth, changes are made so that display of signs 16 3 on leased property owned by a corporation is permitted if the 16 4 lessee grants prior approval, and signs on privately owned 16 5 property leased by a corporation is permitted if the owner 16 6 grants prior approval. Finally, a provision is added making 16 7 it a penalty to remove or vandalize campaign signs without 16 8 authorization of law or of the owner. 16 9 New Code section 56.14A is created to add a requirement 16 10 that published material not contain an inference of incumbency 16 11 unless the candidate is seeking reelection to the same office. 16 12 An additional penalty is added to Code section 56.16. 16 13 Fraudulent campaign reporting exists when a person knowingly 16 14 and willfully make a false material statement in a report or 16 15 statement required under Code chapter 56. It is punishable as 16 16 a serious misdemeanor, which carries a fine of between $250 16 17 and $1,500, and may also include a sentence of up to one year 16 18 in jail. 16 19 Code section 56.41 is amended to provide that campaign 16 20 funds may be used to pay for meal expenses not otherwise 16 21 compensated, up to $25 per event, when attended in the course 16 22 of providing service to constituents or in performing duties 16 23 of elected office. 16 24 Code section 68B.26 is amended to apply only to local 16 25 officials and employees and to specify that actions against 16 26 local officials and employees under Code chapter 68B must be 16 27 filed with the county attorney, except when the complaint is 16 28 about the county attorney. In that instance, the complaint 16 29 shall be filed with the attorney general. 16 30 Code section 68B.32A is amended to bring Code chapter 71, 16 31 regarding nepotism by public officials, within the 16 32 jurisdiction of the ethics and campaign disclosure board. 16 33 Changes are also made to parts of Code sections 68B.32A, 16 34 68B.32B, and 68B.32C to reflect this change. Code chapter 71 16 35 is amended to update the language used in those provisions, 17 1 and to add a provision restricting officials and employees in 17 2 the executive branch from hiring or promoting household or 17 3 family members, or participating in disciplinary proceedings 17 4 of a household or family member. 17 5 Code section 68B.32D is amended to allow the ethics and 17 6 campaign disclosure board to charge a $75 fee and to recover 17 7 certain expenses associated with a contested case hearing from 17 8 respondents, if disciplinary action results from the hearing. 17 9 A change is also made to the section to specify that the board 17 10 may petition the Polk county district court for an order to 17 11 enforce a board order. 17 12 Code section 68B.35 is amended to require financial 17 13 disclosure statements from agency or contract attorneys who 17 14 serve as primary legal counsel for the agency, or who provide 17 15 legal advice regarding the agency. Staff of the attorney 17 16 general's office is excluded from the requirement unless the 17 17 agency pays the salary of or provides an office within the 17 18 agency for the staff attorney from the attorney general's 17 19 office. 17 20 Code section 68B.38 changes the requirements for filings by 17 21 a lobbyist's client. The bill requires a filing twice a year 17 22 whether or not a payment has been made to the lobbyist. 17 23 LSB 1305DP 78 17 24 jj/cf/24
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