Text: S03452 Text: S03454 Text: S03400 - S03499 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 470 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. Section 56.2, Code 1999, is amended by 1 5 adding the following new subsections: 1 6 NEW SUBSECTION. 5A. "Clearly identified" means 1 7 that a communication contains an unambiguous reference 1 8 to a particular candidate or ballot issue, including 1 9 but not limited to one or more of the following: 1 10 a. Use of the name of the candidate or ballot 1 11 issue. 1 12 b. Use of a photograph or drawing of the 1 13 candidate, or the use of a particular symbol 1 14 associated with a specific ballot issue. 1 15 c. Use of a candidate's initials, nickname, 1 16 office, or status as a candidate, or use of acronym, 1 17 popular name, or characterization of a ballot issue. 1 18 NEW SUBSECTION. 12A. "Express advocacy" or to 1 19 "expressly advocate" means communication that can be 1 20 characterized according to at least one of the 1 21 following descriptions: 1 22 a. The communication is political speech made in 1 23 the form of a contribution. 1 24 b. In advocating the election or defeat of one or 1 25 more clearly identified candidates or the passage or 1 26 defeat of one or more clearly identified ballot 1 27 issues, the communication includes explicit words that 1 28 unambiguously indicate that the communication is 1 29 recommending or supporting a particular outcome in the 1 30 election with regard to any clearly identified 1 31 candidate or ballot issue. 1 32 c. When taken as a whole and with limited 1 33 reference to external events such as the proximity to 1 34 the election, the communication could only be 1 35 interpreted by a reasonable person as supporting or 1 36 recommending the election, passage, or defeat of one 1 37 or more clearly identified candidates or ballot issues 1 38 because both of the following conditions are met: 1 39 (1) The communication, as it relates to the 1 40 election or defeat of the candidate or ballot issue, 1 41 is unmistakable, unambiguous, and suggestive of only 1 42 one meaning. 1 43 (2) Reasonable minds could not differ as to 1 44 whether the communication encourages action to 1 45 nominate, elect, approve, or defeat one or more 1 46 clearly identified candidates or a ballot issue or 1 47 whether the communication encourages some other kind 1 48 of action. 1 49 Sec. 2. Section 56.2, subsections 16 and 17, Code 1 50 1999, are amended to read as follows: 2 1 16. "Political committee" meansaeither of the 2 2 following: 2 3 a. A committee, but not a candidate's committee, 2 4whichthat accepts contributions in excess of five 2 5 hundred dollars in the aggregate, makes expenditures 2 6 in excess of five hundred dollars in the aggregate, or 2 7 incurs indebtedness in excess of five hundred dollars 2 8 in the aggregate in any one calendar yearfor the2 9purpose of supporting or opposingto expressly 2 10 advocate the nomination, election, or defeat of a 2 11 candidate for public office, orfor the purpose of2 12supporting or opposingto expressly advocate the 2 13 passage or defeat of a ballot issue; "political2 14committee" also means an. 2 15 b. An association, lodge, society, cooperative, 2 16 union, fraternity, sorority, educational institution, 2 17 civic organization, labor organization, religious 2 18 organization, or professional organizationwhichthat 2 19 accepts contributions in excess of five hundred 2 20 dollars in the aggregate, makes expenditures in excess 2 21 of five hundred dollars in the aggregate, or incurs 2 22 indebtedness in excess of five hundred dollars in the 2 23 aggregate in any one calendar yearfor the purpose of2 24supporting or opposingto expressly advocate the 2 25 nomination, election, or defeat of a candidate for 2 26 public office, orfor the purpose of supporting or2 27opposingto expressly advocate the passage or defeat 2 28 of a ballot issue."Political committee" also2 29includes a committee which accepts contributions in2 30excess of five hundred dollars in the aggregate, makes2 31expenditures in excess of five hundred dollars in the2 32aggregate, or incurs indebtedness in excess of five2 33hundred dollars in the aggregate in a calendar year to2 34cause the publication or broadcasting of material in2 35which the public policy positions or voting record of2 36an identifiable candidate is discussed and in which a2 37reasonable person could find commentary favorable or2 38unfavorable to those public policy positions or voting2 39record.2 40 17. "Political purpose" or "political purposes" 2 41 means thesupport or oppositionexpress advocacy of a 2 42 candidate or ballot issue. 2 43 Sec. 3. Section 56.4, unnumbered paragraphs 2 and 2 44 3, Code 1999, are amended to read as follows: 2 45 Political committeessupporting or opposing2 46 expressly advocating the nomination, election, or 2 47 defeat of candidates for both federal office and any 2 48 elected office created by law or the Constitution of 2 49 the state of Iowa shall file statements and reports 2 50 with the board in addition to any federal reports 3 1 required to be filed with the board. However, a 3 2 political committee which is registered and filing 3 3 full disclosure reports of all financial activities 3 4 with the federal election commission may file verified 3 5 statements as provided in section 56.5. 3 6 Political committeessupporting or opposing3 7 expressly advocating the nomination, election, or 3 8 defeat of candidates or the passage or defeat of 3 9 ballot issues for statewide elections and for county, 3 10 municipal or school elections may file all activity on 3 11 one report with the board and shall send a copy to the 3 12 commissioner responsible under section 47.2 for 3 13 conducting the election. 3 14 Sec. 4. Section 56.5, subsection 2, paragraph f, 3 15 Code 1999, is amended to read as follows: 3 16 f. A signed statement by the treasurer of the 3 17 committee and the candidate, in the case of a 3 18 candidate's committee, which shall verify that they 3 19 are aware of the requirement to file disclosure 3 20 reports if the committee, the committee officers, the 3 21 candidate, or both the committee officers and the 3 22 candidate receive contributions in excess of five 3 23 hundred dollars in the aggregate, make expenditures in 3 24 excess of five hundred dollars in the aggregate, or 3 25 incur indebtedness in excess of five hundred dollars 3 26 in the aggregate in a calendar yearfor the purpose of3 27supporting or opposingto expressly advocate the 3 28 nomination, election, or defeat of any candidate for 3 29 public office. In the case of political committees, 3 30 statements shall be made by the treasurer of the 3 31 committee and the chairperson. 3 32 Sec. 5. Section 56.5A, Code 1999, is amended to 3 33 read as follows: 3 34 56.5A CANDIDATE'S COMMITTEE. 3 35 1. Each candidate for state, county, city, or 3 36 school office shall organize one, and only one, 3 37 candidate's committee for a specific office sought 3 38 when the candidate receives contributions in excess of 3 39 five hundred dollars in the aggregate, makes 3 40 expenditures in excess of five hundred dollars in the 3 41 aggregate, or incurs indebtedness in excess of five 3 42 hundred dollars in the aggregate in a calendar year. 3 43 2. A political committee shall not be established 3 44 tosupport or opposeexpressly advocate the 3 45 nomination, election, or defeat of only one candidate 3 46 for office, except that a political committee may be 3 47 established tosupport or opposeexpressly advocate 3 48 the passage or defeat of approval of a single judge 3 49 standing for retention. 3 50 Sec. 6. Section 56.6, subsection 1, paragraph d, 4 1 Code 1999, is amended to read as follows: 4 2 d. Committees for municipal and school elective 4 3 offices and local ballot issues shall file their first 4 4 reports five days prior to any election in which the 4 5 name of the candidate or the local ballot issue which 4 6 theysupport or opposeexpressly advocate appears on 4 7 the printed ballot and shall file their next report on 4 8 the first day of the month following the final 4 9 election in a calendar year in which the candidate's 4 10 name or the ballot issue appears on the ballot. A 4 11 committeesupporting or opposingexpressly advocating 4 12 the nomination, election, or defeat of a candidate for 4 13 a municipal or school elective office or the passage 4 14 or defeat of a local ballot issue shall also file 4 15 disclosure reports on the nineteenth day of January 4 16 and October of each year in which the candidate or 4 17 ballot issue does not appear on the ballot and on the 4 18 nineteenth day of January, May, and July of each year 4 19 in which the candidate or ballot issue appears on the 4 20 ballot, until the committee dissolves. These reports 4 21 shall be current to five days prior to the filing 4 22 deadline and are considered timely filed if mailed 4 23 bearing a United States postal service postmark on or 4 24 before the due date. 4 25 Sec. 7. Section 56.12A, unnumbered paragraph 1, 4 26 Code 1999, is amended to read as follows: 4 27 The state and the governing body of a county, city, 4 28 or other political subdivision of the state shall not 4 29 expend or permit the expenditure of public moneys for 4 30 political purposes, includingsupporting or opposing4 31 expressly advocating the passage or defeat of a ballot 4 32 issue. 4 33 Sec. 8. Section 56.13, subsections 1, 2, and 3, 4 34 Code 1999, are amended to read as follows: 4 35 1. Action involving a contribution or expenditure 4 36 which must be reported under this chapter and which is 4 37 taken by any person, candidate's committee or 4 38 political committee on behalf of a candidate, if known 4 39 and approved by the candidate, shall be deemed action 4 40 by the candidate and reported by the candidate's 4 41 committee. It shall be presumed that a candidate 4 42 approves the action if the candidate had knowledge of 4 43 it and failed to file a statement of disavowal with 4 44 the commissioner or board and take corrective action 4 45 within seventy-two hours of the action. A person, 4 46 candidate's committee or political committee taking 4 47 such action independently of that candidate's 4 48 committee shall notify that candidate's committee in 4 49 writing within twenty-four hours of taking the action. 4 50 The notification shall provide that candidate's 5 1 committee with the cost of the promotion at fair 5 2 market value. A copy of the notification shall be 5 3 sent to the board. 5 4 Any person who makes expenditures or incurs 5 5 indebtedness, other than incidental expenses incurred 5 6 in performing volunteer work,in support or opposition5 7 to expressly advocate the nomination, election, or 5 8 defeat of a candidate for public office shall notify 5 9 the appropriate committee and provide necessary 5 10 information for disclosure reports. 5 11 2. If a person, other than a political committee, 5 12 makes one or more expenditures in excess of five 5 13 hundred dollars in the aggregate, or incurs 5 14 indebtedness in excess of five hundred dollars in the 5 15 aggregate, in any one calendar yearfor purposes of5 16supporting or opposingto expressly advocate the 5 17 passage or defeat of a ballot issue, the person shall 5 18 file a statement of activity within ten days of taking 5 19 the action exceeding the threshold. The statement 5 20 shall contain information identifying the person 5 21 filing the statement, identifying the ballot issue, 5 22 and indicating the position urged by the person with 5 23 regard to the ballot issue. The person shall file 5 24 reports indicating the dates on which the expenditures 5 25 or incurrence of indebtedness took place; a 5 26 description of the nature of the action taken which 5 27 resulted in the expenditures or debt; and the cost of 5 28 the promotion at fair market value. For a local 5 29 ballot issue, the reports shall be filed five days 5 30 prior to any election in which the ballot issue 5 31 appears and on the first day of the month following 5 32 the election, as well as on the nineteenth day of 5 33 January, May, and July of each year in which the 5 34 ballot issue appears on the ballot and on the 5 35 nineteenth day of January and October of each year in 5 36 which the ballot issue does not appear on the ballot. 5 37 For a statewide ballot issue, reports shall be filed 5 38 on the nineteenth day of January, May, and July of 5 39 each year. The reports shall be current to five days 5 40 prior to the filing deadline, and are considered 5 41 timely filed if mailed bearing a United States postal 5 42 service postmark on or before the due date. Filing 5 43 obligations shall cease when the person files a 5 44 statement of discontinuation indicating that the 5 45 person's financial activityin support of or in5 46oppositionto expressly advocate the passage or defeat 5 47 of the ballot issue has ceased. Statements and 5 48 reports shall be filed with the commissioner 5 49 responsible under section 47.2 for conducting the 5 50 election at which the issue is voted upon, except that 6 1 reports on a statewide ballot issue shall be filed 6 2 with the board. 6 3 3. A person taking action involving the making of 6 4 an expenditure or incurrence of indebtednessin6 5support or oppositionto expressly advocate the 6 6 passage or defeat of a ballot issue independently of a 6 7 political committee shall, within seventy-two hours of 6 8 taking the action, notify in writing any political 6 9 committee which advocates the same position with 6 10 regard to the ballot issue as the person taking the 6 11 action. The notification shall provide the political 6 12 committee with the cost of the promotion at fair 6 13 market value. A copy of the notification shall be 6 14 sent to the board. It shall be presumed that a 6 15 benefited committee approves the action if the 6 16 committee fails to file a statement of disavowal with 6 17 the commissioner or board and takes corrective action 6 18 within ten days of the action. Action approved by a 6 19 committee shall be reported as a contribution by the 6 20 committee. 6 21 Sec. 9. Section 56.14, subsection 1, paragraph a, 6 22 Code 1999, is amended to read as follows: 6 23 1. a. A person who causes the publication or 6 24 distribution of published material designed topromote6 25or defeatexpressly advocate the nomination,or6 26 election, or defeat of a candidate for public office 6 27 or the passage or defeat of a constitutional amendment 6 28 or public measure shall include conspicuously on the 6 29 published material the identity and address of the 6 30 person responsible for the material. If the person 6 31 responsible is an organization, the name of one 6 32 officer of the organization shall appear on the 6 33 material. However, if the organization is a committee 6 34 which has filed a statement of organization under this 6 35 chapter, only the name of the committee is required to 6 36 be included on the published material. Published 6 37 material designed topromote or defeatexpressly 6 38 advocate the nomination,orelection, or defeat of a 6 39 candidate for public office or the passage or defeat 6 40 of a constitutional amendment or public measure which 6 41 contains language or depictions which a reasonable 6 42 person would understand as asserting that an entity 6 43 which is incorporated or is a registered committee had 6 44 authored the material shall, if the entity is not 6 45 incorporated or a registered committee, include 6 46 conspicuously on the published material a statement 6 47 that the apparent organization or committee is not 6 48 incorporated or a registered committee in addition to 6 49 the attribution statement required by this section. 6 50 For purposes of this section, "registered committee" 7 1 means a committee which has an active statement of 7 2 organization filed under section 56.5. 7 3 Sec. 10. Section 56.15, subsections 1, 2, and 4, 7 4 Code 1999, are amended to read as follows: 7 5 1. Except as provided in subsections 3 and 4, it 7 6 is unlawful for an insurance company, savings and loan 7 7 association, bank, credit union, or corporation 7 8 organized pursuant to the laws of this state, the 7 9 United States, or any other state, territory, or 7 10 foreign country, whether for profit or not, or an 7 11 officer, agent, or representative acting for such 7 12 insurance company, savings and loan association, bank, 7 13 credit union, or corporation, to contribute any money, 7 14 property, labor, or thing of value, directly or 7 15 indirectly, to a committee, orfor the purpose of7 16influencingto expressly advocate that the vote of an 7 17 elector be used to nominate, elect, or defeat a 7 18 candidate for public office, except that such 7 19 resources may be so expended in connection with a 7 20 utility franchise election held pursuant to section 7 21 364.2, subsection 4, or a ballot issue. All such 7 22 expenditures are subject to the disclosure 7 23 requirements of this chapter. 7 24 2. Except as provided in subsection 3, it is 7 25 unlawful for a member of a committee, or its employee 7 26 or representative, except a ballot issue committee, or 7 27 for a candidate for office or the representative of 7 28 the candidate, to solicit, request, or knowingly 7 29 receive from an insurance company, savings and loan 7 30 association, bank, credit union, or corporation 7 31 organized pursuant to the laws of this state, the 7 32 United States, or any other state, territory, or 7 33 foreign country, whether for profit or not, or its 7 34 officer, agent, or representative, any money, 7 35 property, or thing of value belonging to the insurance 7 36 company, savings and loan association, bank, or 7 37 corporation for campaign expenses, orfor the purpose7 38of influencingto expressly advocate that the vote of 7 39 an elector be used to nominate, elect, or defeat a 7 40 candidate for public office. This section does not 7 41 restrain or abridge the freedom of the press or 7 42 prohibit the consideration and discussion in the press 7 43 of candidacies, nominations, public officers, or 7 44 public questions. 7 45 4. The restrictions imposed by this section 7 46 relative to making, soliciting or receiving 7 47 contributions shall not apply to a nonprofit 7 48 corporation or organization which uses those 7 49 contributions to encourage registration of voters and 7 50 participation in the political process, or to 8 1 publicize public issues, or both, but does not use any 8 2 part of those contributions toendorse or oppose8 3 expressly advocate the nomination, election, or defeat 8 4 of any candidate for public office. A nonprofit 8 5 corporation or organization may use contributions 8 6 solicited or received tosupport or opposeexpressly 8 7 advocate the passage or defeat of ballot issues but 8 8 the expenditures shall be disclosed by the nonprofit 8 9 corporation or organization in the manner provided for 8 10 a permanent organization temporarily engaged in a 8 11 political activity under section 56.6. 8 12 This section does not prohibit a family farm 8 13 corporation, as defined in section 9H.1, from placing 8 14 a yard sign on agricultural land, and does not 8 15 prohibit the placement of yard signs, with the prior 8 16 written permission of the individual property owner, 8 17 on property rented or leased by a corporation from 8 18 private individuals, subject to the requirements of 8 19 section 56.14. This section also does not prohibit 8 20 the placement of a yard sign on residential property 8 21 that is owned by a corporation, but rented or leased 8 22 to a private individual, if the prior permission of 8 23 the renter or lessee is obtained. 8 24 Sec. 11. Section 56.15, Code 1999, is amended by 8 25 adding the following new subsection: 8 26 NEW SUBSECTION. 4A. For purposes of this section, 8 27 "committee" shall include statutory political 8 28 committees organized under chapter 43, and nonparty 8 29 political organizations organized under chapter 44. 8 30 Sec. 12. NEW SECTION. 56.15B DEDUCTING DUES FROM 8 31 PAY PROHIBITED. 8 32 It shall be a violation of this chapter for any 8 33 person, firm, association, labor organization, 8 34 financial institution, or corporation to deduct labor 8 35 organization dues, charges, fees, contributions, fines 8 36 or assessments from an employee's earnings, wages, or 8 37 compensation, unless the employer has first been 8 38 presented with an individual written order signed by 8 39 the employee, which written order shall be terminable 8 40 at any time by the employee giving at least thirty 8 41 days' written notice of such termination to the 8 42 employer. Violations of this section shall be 8 43 punishable according to the administrative procedures 8 44 to be followed by the ethics and campaign disclosure 8 45 board pursuant to chapter 68B. 8 46 Sec. 13. Section 56.22, subsection 2, Code 1999, 8 47 is amended to read as follows: 8 48 2. Funds distributed to statutory political 8 49 committees pursuant to this chapter shall not be used 8 50 tosupport or opposeexpressly advocate the 9 1 nomination, election, or defeat of any candidate. 9 2 Nothing in this subsection shall be construed to 9 3 prohibit a statutory political committee from using 9 4 such funds to pay expenses incurred in arranging and 9 5 holding a nominating convention." 9 6 #2. Title page, by striking lines 2 through 6 and 9 7 inserting the following: "express advocacy of 9 8 candidates and ballot issues and requiring compliance 9 9 with labor union member contribution provisions." 9 10 9 11 9 12 9 13 BILL FINK 9 14 SF 470.207 78 9 15 jj/gg
Text: S03452 Text: S03454 Text: S03400 - S03499 Text: S Index Bills and Amendments: General Index Bill History: General Index
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