Text: SF00374 Text: SF00376 Text: SF00300 - SF00399 Text: SF 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 2001, is amended by striking the paragraph. 1 3 Sec. 2. Section 56.12A, unnumbered paragraph 1, Code 2001, 1 4 is amended to read as follows: 1 5The state and the governing body of a county, city, or1 6other political subdivision of the stateA person shall not 1 7 expend or permit the expenditure of public moneys for 1 8 political purposes, including expressly advocating the passage 1 9 or defeat of a ballot issue. 1 10 Sec. 3. Section 56.13, Code 2001, is amended by striking 1 11 the section and inserting in lieu thereof the following: 1 12 56.13 INDEPENDENT EXPENDITURES. 1 13 1. Any individual who meets all of the following criteria 1 14 shall file an independent expenditure statement with the board 1 15 or commissioner with whom the benefited committee files 1 16 statements and reports under this chapter: 1 17 a. The individual is not a candidate. 1 18 b. The individual is acting independently and not in 1 19 coordination with another individual, organization, or 1 20 committee. 1 21 c. The individual makes one or more expenditures in excess 1 22 of five hundred dollars in the aggregate, or incurs 1 23 indebtedness in excess of five hundred dollars in the 1 24 aggregate, to expressly advocate the election or defeat of a 1 25 clearly identified candidate or the passage or defeat of a 1 26 ballot issue. 1 27 2. Any combination of two or more individuals, or a person 1 28 other than an individual, that makes one or more expenditures 1 29 in excess of five hundred dollars in the aggregate, or incurs 1 30 indebtedness in excess of five hundred dollars in the 1 31 aggregate, to expressly advocate the election or defeat of a 1 32 clearly identified candidate or the passage or defeat of a 1 33 ballot issue, shall file an independent expenditure statement 1 34 with the board or commissioner where the benefited committee 1 35 files statements and reports under this chapter. 2 1 3. An independent expenditure statement shall be filed 2 2 within ten days of the making of any expenditure or incurring 2 3 of indebtedness that exceeds the five hundred dollar aggregate 2 4 threshold. 2 5 4. The independent expenditure statement shall contain all 2 6 of the following information: 2 7 a. Identification of the individuals or persons filing the 2 8 statement. 2 9 b. Description of the position advocated by the 2 10 individuals or persons with regard to the clearly identified 2 11 candidate or ballot issue. 2 12 c. Identification of the candidate or ballot issue 2 13 benefited by the independent expenditure. 2 14 d. The dates on which the expenditures or incurrence of 2 15 indebtedness took place. 2 16 e. Description of the nature of the action taken that 2 17 resulted in the expenditures or debts. 2 18 f. The fair market value of the expenditures. 2 19 5. The filing requirements of this section shall apply in 2 20 addition to any other applicable filing requirements under 2 21 this chapter. 2 22 6. The board shall develop, prescribe, furnish, and 2 23 distribute forms for the independent expenditure statements 2 24 required by this section. 2 25 Sec. 4. Section 56.14, Code 2001, is amended to read as 2 26 follows: 2 27 56.14POLITICALATTRIBUTION STATEMENT ON PUBLISHED 2 28 MATERIAL– YARD SIGNS. 2 29 1.a.A person who causes the publication or distribution 2 30 of published material designed to expressly advocate the 2 31 nomination, election, or defeat of a candidate for public 2 32 office or the passage or defeat of a constitutional amendment 2 33 orpublic measureballot issue shall include conspicuously on 2 34 the published material the identity and address of the person 2 35 responsible for the material. 3 1 a. If the person responsible is an organization, the name 3 2 of one officer of the organization shall appear on the 3 3 material. However, if the organization is a registered 3 4 committeewhich has filed a statement of organization under3 5this chapter, only the name of the committee is required to be 3 6 included on the published material. 3 7 b. Published material designed to expressly advocate the 3 8 nomination, election, or defeat of a candidate for public 3 9 office or the passage or defeat of a constitutional amendment 3 10 orpublic measureballot issue which contains language or 3 11 depictions which a reasonable person would understand as 3 12 asserting that an entity which is incorporated or is a 3 13 registered committee had authored the material shall, if the 3 14 entity is not incorporated or a registered committee, include 3 15 conspicuously on the published material a statement that the 3 16 apparent organization or committee is not incorporated or a 3 17 registered committee in addition to the attribution statement 3 18 required by this section. 3 19 2. For purposes of this section, "registered: 3 20 a. "Registered committee" means a committee which has an 3 21 active statement of organization filed under section 56.5. 3 22 b. "Published material" means any newspaper, magazine, 3 23 shopper, outdoor advertising facility, poster, direct mailing, 3 24 brochure, or any other form of printed general public 3 25 political advertising; however, the identification need not be 3 26 conspicuous on posters. This subsection does not apply to 3 27 yard signs, bumper stickers, pins, buttons, pens, matchbooks, 3 28 and similar small items upon which the inclusion of the 3 29 attribution statement would be impracticable or to published 3 30 material which is subject to federal regulations regarding an 3 31 attribution requirement. 3 32b.3. Thissubsectionsection does not apply to the 3 33 editorials or news articles of a newspaper or magazine which 3 34 are not political advertisements.For the purpose of this3 35subsection, "published material" means any newspaper,4 1magazine, shopper, outdoor advertising facility, poster,4 2direct mailing, brochure, or any other form of printed general4 3public political advertising; however, the identification need4 4not be conspicuous on posters. This subsection does not apply4 5to yard signs, bumper stickers, pins, buttons, pens,4 6matchbooks, and similar small items upon which the inclusion4 7of the attribution statement would be impracticable or to4 8published material which is subject to federal regulations4 9regarding an attribution requirement.4 10c.4. Thissubsectionsection shall not be construed to 4 11 require the inclusion on published material of information 4 12 which discloses the identity or address of any individual who 4 13 is acting independently andusing the individual's own modest4 14resourcesexpends five hundred dollars or less to publish or 4 15 distribute the material that expressly advocates the passage 4 16 or defeat of a ballot issue. 4 172. a. Yard signs shall not be placed on any property4 18which adjoins a city, county, or state roadway sooner than4 19forty-five days preceding a primary or general election and4 20shall be removed within seven days after the primary or4 21general election in which the name of the particular candidate4 22or ballot issue described on the yard sign appears on the4 23ballot. Yard signs are subject to removal by highway4 24authorities as provided in section 319.13, or by county or4 25city law enforcement authorities in a manner consistent with4 26section 319.13. The placement or erection of yard signs shall4 27be exempt from the requirements of chapter 480. Notice may be4 28provided to the chairperson of the appropriate county central4 29committee if the highway authorities are unable to provide4 30notice to the candidate, candidate's committee, or political4 31committee regarding the yard sign.4 32b. This subsection does not prohibit the placement of yard4 33signs on agricultural land owned by individuals or by a family4 34farm operation as defined in section 9H.1, subsections 8, 8A,4 359, and 10; does not prohibit the placement of yard signs on5 1property owned by private individuals who have rented or5 2leased the property to a corporation, if the prior written5 3permission of the property owner is obtained; and does not5 4prohibit the placement of yard signs on residential property5 5owned by a corporation but rented or leased to a private5 6individual if the prior permission of the renter or lessee is5 7obtained. For the purposes of this chapter, "agricultural5 8land" means agricultural land as defined in section 9H.1.5 9 Sec. 5. NEW SECTION. 56.14A YARD SIGNS. 5 10 1. This section does not prohibit placement of yard signs 5 11 on any of the following property: 5 12 a. Agricultural land owned by individuals or by a family 5 13 farm operation as defined in section 9H.1, subsections 8, 8A, 5 14 9, and 10. For the purposes of this paragraph, "agricultural 5 15 land" means agricultural land as defined in section 9H.1. 5 16 b. Property owned by private individuals who have rented 5 17 or leased the property to a corporation, if the prior written 5 18 permission of the property owner is obtained. 5 19 c. Residential property owned by a corporation but rented 5 20 or leased to a private individual, if the prior permission of 5 21 the renter or lessee is obtained. 5 22 2. a. Yard signs with dimensions of twenty square feet or 5 23 less that are posted on real property are exempt from the 5 24 attribution requirements in section 56.14. 5 25 b. Campaign signs in excess of twenty square feet shall 5 26 bear the attribution statement required by section 56.14. 5 27 3. A person shall not alter, remove, move, vandalize, 5 28 deface, or destroy any sign that expressly advocates the 5 29 election or defeat of a clearly identified candidate or the 5 30 passage or defeat of a ballot issue without the prior 5 31 permission of the owner of the sign. 5 32 Sec. 6. Section 56.22, subsection 2, Code 2001, is amended 5 33 to read as follows: 5 34 2. Funds distributed to statutory political committees 5 35 pursuant to this chapter shall not be used to expressly 6 1 advocate the nomination, election, or defeat of any candidate 6 2 during the primary election. Nothing in this subsection shall 6 3 be construed to prohibit a statutory political committee from 6 4 using such funds to pay expenses incurred in arranging and 6 5 holding a nominating convention. 6 6 Sec. 7. Section 56.43, subsection 1, Code 2001, is amended 6 7 to read as follows: 6 8 1. Equipment, supplies, or other materials purchased with 6 9 campaign funds or received in-kind are campaign property. 6 10 Campaign property belongs to the candidate's committee and not 6 11 to the candidate. Campaign property which has a value of five 6 12 hundred dollars or more at the time it is acquired by the 6 13 committee shall be separately disclosed as committee inventory 6 14 on reports filed pursuant to section 56.6, including a 6 15 declaration of the approximate current value of the property. 6 16 Such property shall continue to be reported as committee 6 17 inventory until it is disposed of by the committee or until 6 18 the property has a residual value of less than one hundred 6 19 dollars. Once the property is reported as having a residual 6 20 value of less than one hundred dollars, the property is no 6 21 longer required to be reported. However, consumable campaign 6 22 property is not required to be reported as committee 6 23 inventory, regardless of the initial value of the consumable 6 24 campaign property. "Consumable campaign property" means 6 25 stationery, yard signs, and other campaign materials which 6 26 have been permanently imprinted to be specific to a candidate 6 27 or election. 6 28 Sec. 8. IMPLEMENTATION OF ACT. Section 25B.2, subsection 6 29 3, shall not apply to this Act. 6 30 EXPLANATION 6 31 This bill amends certain provisions of Code chapter 56 6 32 pertaining to campaign finance law. 6 33 The bill strikes part of the definition of "express 6 34 advocacy" in Code section 56.2, subsection 14. The United 6 35 States court of appeals for the eighth circuit has held that 7 1 the language in that portion of the definition is 7 2 unconstitutional. 7 3 The bill amends Code section 56.12A to prohibit any person 7 4 from using public moneys for political purposes. The current 7 5 statute prohibits only the state and political subdivisions 7 6 from making such expenditures. 7 7 The bill replaces language in Code section 56.13 relating 7 8 to independent expenditures and removes certain provisions 7 9 held to be unconstitutional by the United States court of 7 10 appeals for the eighth circuit. The new language requires the 7 11 filing by individuals or certain persons of an independent 7 12 expenditure statement within 10 days of making an expenditure 7 13 or incurring an indebtedness exceeding $500 in the aggregate 7 14 to expressly advocate the election or defeat of a clearly 7 15 identified candidate or the passage or defeat of a ballot 7 16 issue. The new language specifies the criteria for filing, as 7 17 well as the contents of the statement. 7 18 The bill amends and reorganizes Code section 56.14 relating 7 19 to attribution statements on political material and to yard 7 20 signs. The bill specifies a $500 limit for political material 7 21 that can be distributed by an individual to expressly advocate 7 22 the passage or defeat of a ballot issue, rather than the 7 23 current limit of the individual's "modest resources" regarding 7 24 candidates or ballot issues. 7 25 The bill removes restrictions on the placement of yard 7 26 signs held to be unconstitutional by the United States court 7 27 of appeals for the eighth circuit. 7 28 The bill also places current provisions from Code section 7 29 56.14 pertaining to placement of yard signs on certain types 7 30 of property into a separate new Code section 56.14A. The new 7 31 Code section also provides that yard signs with dimensions of 7 32 20 square feet or less are not required to bear the 7 33 attribution statement required by Code section 56.14. 7 34 The bill prohibits the movement or destruction of yard 7 35 signs without the sign owner's permission. Violations of this 8 1 provision are punishable as a serious misdemeanor under Code 8 2 section 56.16. A serious misdemeanor is punishable by 8 3 confinement for no more than one year and a fine of at least 8 4 $250 but not more than $1,500. 8 5 The bill adds language to Code section 56.22 to prohibit 8 6 parties from using funds received pursuant to the income-tax 8 7 checkoff under Code section 56.18 only during the primary 8 8 election. 8 9 The bill also specifies that campaign property having a 8 10 residual value of less than $100 does not need to be reported. 8 11 This bill may include a state mandate as defined in Code 8 12 section 25B.3. The bill makes inapplicable Code section 8 13 25B.2, subsection 3, which would relieve a political 8 14 subdivision from complying with a state mandate if funding for 8 15 the cost of the state mandate is not provided or specified. 8 16 Therefore, political subdivisions are required to comply with 8 17 any state mandate included in this bill. 8 18 LSB 1237SV 79 8 19 jj/gg/8
Text: SF00374 Text: SF00376 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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