Text: SSB01137 Text: SSB01139 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 56.2, Code 2001, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 8A. "Computer" means an electronic device 1 4 that performs logical, arithmetical, and memory functions by 1 5 manipulations of electronic or magnetic impulses, and includes 1 6 all functions, connections, and connected and related devices 1 7 that assist in input, output, processing, storage, computer 1 8 programs, computer applications, and communication. 1 9 NEW SUBSECTION. 13A. "Electronic format" means data in a 1 10 form that is readable by a computer and the computer's 1 11 software programs, and is either entered directly into a 1 12 computer or transmitted via computer disk, modem, or internet. 1 13 NEW SUBSECTION. 15A. "General election cycle" means the 1 14 period of time between the general election for a particular 1 15 office, and the next general election for that office. 1 16 NEW SUBSECTION. 15B. "Internet" means the federated 1 17 system of allied computer networks linked by telecommunication 1 18 channels that is the international network of the network that 1 19 connects educational, scientific, and commercial institutions, 1 20 and that may also be accessed by individuals. 1 21 Sec. 2. Section 56.6, subsection 1, paragraph b, Code 1 22 2001, is amended by striking the paragraph and inserting in 1 23 lieu thereof the following: 1 24 b. (1) All candidate's committees shall file a 1 25 supplemental report seven days before any election. If a 1 26 committee is required to file electronically pursuant to 1 27 section 56.6A, then the supplemental report must be filed 1 28 electronically by 5 p.m. of the day the report is due. If a 1 29 committee is not required to file electronically, then its 1 30 report shall be filed on the day the report is due, or filed 1 31 by mail, bearing a United States postal service postmark date 1 32 of at least seven days before the election. 1 33 (2) Any candidate's committee that receives one or more 1 34 contributions of one thousand dollars or more during the last 1 35 seven days before any election shall file a supplemental 2 1 report within twenty-four hours of receiving each such 2 2 contribution by sending a list of all such contributions 2 3 received during the preceding twenty-four hours via facsimile 2 4 or via the internet, by means of electronic mail or other 2 5 method utilized by the board, by 5 p.m. of the day following 2 6 receipt of the contributions. 2 7 (3) All supplemental reports required under this paragraph 2 8 shall be filed with the entity with whom the committee files 2 9 disclosure reports under paragraph "a". 2 10 (4) The information contained in all supplemental reports 2 11 required under this paragraph shall be made available on the 2 12 internet the day it is received by the board. However, if the 2 13 report is received on a Friday, Saturday, or Sunday, the 2 14 report shall be made available on the internet by 5:00 p.m. on 2 15 the following Monday. 2 16 Sec. 3. Section 56.6, subsection 3, paragraph i, Code 2 17 2001, is amended to read as follows: 2 18 i. If a person making a contribution to a candidate's 2 19 committee is listed under paragraph "b", "d", "e", or "f"as2 20making a contribution or loan to or purchase from a2 21candidate's committeeand meets either of the following 2 22 criteria, the information relating to the person's status 2 23 shall also be disclosed, as follows: 2 24 (1) If the person is related to the candidate within the 2 25 third degree of consanguinity or affinity, the existence of 2 26 that person's family relationship shall be indicated on the 2 27 report. 2 28 (2) If the amount of the contribution to the candidate's 2 29 committee equals or exceeds two hundred dollars, then the 2 30 person's occupation and employer shall be indicated on the 2 31 report. A person who is a student, is retired, or is 2 32 otherwise not employed outside of the home shall provide a 2 33 brief description of the person's current function or status 2 34 as an occupation, and shall indicate that the person presently 2 35 has no employer. 3 1 When the treasurer of a candidate's committee shows that 3 2 best efforts have been used to obtain, maintain, and submit 3 3 this information, any report of that committee shall be 3 4 considered in compliance with this section. A committee will 3 5 only be deemed to have exercised best efforts to obtain, 3 6 maintain, and report the required information if all written 3 7 solicitations for contributions include a clear request for 3 8 the contributor's full name, mailing address, occupation, and 3 9 name of employer, and include an accurate statement of the law 3 10 regarding the collection and reporting of individual 3 11 contributor identifications. For each contribution received 3 12 that, in the aggregate equals or exceeds two hundred dollars 3 13 per calendar year that lacks required contributor information, 3 14 the treasurer shall make at least one effort after the receipt 3 15 of the contribution to obtain the missing information. The 3 16 effort shall consist of either a written request sent to the 3 17 contributor or an oral request to the contributor documented 3 18 in writing. The written or oral request shall be made no 3 19 later than thirty days after receipt of the contribution. 3 20 Sec. 4. NEW SECTION. 56.6A ELECTRONIC FILING AND 3 21 ACCESSIBILITY OF DISCLOSURE REPORTS. 3 22 1. Reports filed with the board pursuant to the 3 23 requirements of section 56.6 shall be filed in an electronic 3 24 format, according to the following: 3 25 a. Any candidate or political committee may submit data 3 26 required by section 56.6 in an electronic format, as 3 27 prescribed by rule. 3 28 b. Any candidate, candidate's committee, or political 3 29 committee that accepts contributions in excess of twenty 3 30 thousand dollars in the aggregate, makes expenditures in 3 31 excess of twenty thousand dollars in the aggregate, or incurs 3 32 indebtedness in excess of twenty thousand dollars in the 3 33 aggregate in any general election cycle shall submit the data 3 34 required by section 56.6 in an electronic format, by 5 p.m. of 3 35 the day the filing is due, as prescribed by rule. 4 1 2. If any candidate for a particular office submits data 4 2 in an electronic format, then the data for all other 4 3 candidates for that office shall be maintained in an 4 4 electronic format, as prescribed by rule. The data for any 4 5 candidate for that office that was not voluntarily submitted 4 6 to the board in an electronic format by the candidate or the 4 7 candidate's committee shall be entered into the computer 4 8 database by the board. 4 9 3. All campaign finance data that is submitted to the 4 10 board in an electronic format or is otherwise entered into the 4 11 computer database shall be accessible to the public on the 4 12 internet on the day the data is filed in a database searchable 4 13 by candidate or committee name, by contribution amount, or by 4 14 contributor name. However, data that is filed on a Friday, 4 15 Saturday, or Sunday shall be made available on the internet by 4 16 5:00 p.m. on the following Monday. 4 17 4. The board shall provide for appropriate training for 4 18 candidates, candidate's committee treasurers, and other 4 19 persons designated by the candidate. 4 20 Sec. 5. NEW SECTION. 56.14A DISCLOSURES RELATED TO 4 21 POLITICAL TELEPHONE CALLS. 4 22 1. The general assembly finds that political telephone 4 23 communication is increasingly used in political campaigns in 4 24 this state in a deceptive manner, including but not limited to 4 25 the use of the push-polling technique, where an anonymous 4 26 telephone communication is designed to appear as a legitimate 4 27 opinion poll, but is in fact used as a vehicle to sway opinion 4 28 through innuendo, by the communication of certain negative 4 29 information related to a candidate or ballot issue in a manner 4 30 designed to suggest that such information may be true. The 4 31 general assembly declares that a compelling public interest 4 32 exists to identify the source of funding of telephonic 4 33 communications related to elections, in order to prevent 4 34 corruption and deceit at the expense of the electorate and to 4 35 preserve accountability for expenditures made in connection 5 1 with political campaigns. 5 2 2. A person who initiates a telephone communication 5 3 related to the nomination, election, or defeat of a clearly 5 4 identified candidate for public office or the passage or 5 5 defeat of a clearly identified constitutional amendment or 5 6 ballot issue shall disclose all of the following at or before 5 7 the end of the telephone communication: 5 8 a. The name of the individual who is calling and the 5 9 entity with which the individual is affiliated, if any. 5 10 b. The individual or entity that paid for the telephone 5 11 communication, if any. If a registered committee has paid for 5 12 or authorized the telephone communication, the name of the 5 13 committee shall be disclosed. If any person other than the 5 14 candidate or candidate's committee intended to benefit from 5 15 the communication has paid for the telephone communication, 5 16 the communication shall also state whether or not the 5 17 communication has been authorized by the candidate intended to 5 18 benefit from the communication. 5 19 c. Upon request of the call recipient, the name, telephone 5 20 number, and address of an individual whom the call recipient 5 21 can contact for further information regarding the telephone 5 22 communication shall be disclosed. 5 23 3. This section shall not apply to political telephone 5 24 communications made by an individual who is acting 5 25 independently and not at the direction of or in cooperation 5 26 with any candidate, candidate's committee, political 5 27 committee, or other person. 5 28 Sec. 6. EFFECTIVE DATE. Section 4 of this Act, is 5 29 effective January 1, 2003. 5 30 EXPLANATION 5 31 This bill implements new Code section 56.6A, relating to 5 32 electronic filing and disclosure of campaign finance 5 33 disclosure reports. Mandatory filing requirements are 5 34 effective January 1, 2003. 5 35 Effective January 1, 2003, mandatory filing is instituted 6 1 for all candidates and committees that reach a $20,000 6 2 threshold. The board is directed to provide appropriate 6 3 training for candidates, treasurers, and other persons 6 4 designated by the candidate. If any candidate for a 6 5 particular office submits data in an electronic format, then 6 6 all data for all other candidates for that office will be 6 7 maintained in an electronic format. The data for any 6 8 candidate for that office that was not voluntarily submitted 6 9 to the board in an electronic format by the candidate or the 6 10 candidate's committee shall be entered into the computer 6 11 database by the board. Any candidate or committee may submit 6 12 their data in electronic format, if desired. 6 13 Effective January 1, 2003, the bill requires all campaign 6 14 finance data that is submitted to the board in an electronic 6 15 format or is otherwise entered into the computer database to 6 16 be accessible to the public on the internet in a database 6 17 searchable by candidate or committee name, or by contributor 6 18 name. Electronic filing shall be made by 5 p.m. on the day 6 19 the filing is due, and the information shall be made available 6 20 to the public via the internet on the same day, unless filed 6 21 on a Friday, Saturday, or Sunday, in which case it shall be 6 22 made available by 5 p.m. on the following Monday. 6 23 Definitions are added to Code section 56.2 regarding 6 24 "computer", "electronic format", "internet", and "general 6 25 election cycle", to facilitate the new filing requirements. 6 26 Code section 56.6 is amended to provide for disclosure and 6 27 reporting of the occupation and employer of contributors of 6 28 $200 or more. The amendment includes a "best efforts" 6 29 requirement for committees to obtain such information, 6 30 consistent with federal regulations for similar reporting 6 31 requirements. 6 32 Code section 56.6 is also amended to provide for 6 33 supplemental reports by all candidates seven days before any 6 34 election for the office the candidate is seeking. In 6 35 addition, all candidates receiving one or more individual 7 1 contributions of $1,000 or more during the last seven days 7 2 before the election shall file a supplemental report by faxing 7 3 or e-mailing a list of all such contributions received in the 7 4 preceding 24 hours. The information shall be made available 7 5 on the internet the same day, unless filed on a Friday, 7 6 Saturday, or Sunday, in which case it shall be made available 7 7 by 5 p.m. on the following Monday. 7 8 New Code section 56.14A requires the disclosure of certain 7 9 information at the end of political telephone communications 7 10 that relate to the nomination, election, or defeat of a 7 11 candidate or passage or defeat of a ballot issue. The name 7 12 and affiliation of the caller, the individual, committee, or 7 13 entity that paid for the telephone communications, and whether 7 14 a candidate who will benefit from the communications has 7 15 authorized the communications must be disclosed. The name, 7 16 address, and telephone number of an individual whom the person 7 17 can contact for further information regarding the 7 18 communications must also be disclosed upon the request of the 7 19 call recipient. The requirements do not apply to individuals 7 20 who are acting independently. Violations of this provision 7 21 are punishable as a serious misdemeanor under the provisions 7 22 of Code section 56.16, which applies to all violations of Code 7 23 chapter 56. Serious misdemeanors are punishable by a penalty 7 24 of a fine of $250 to $1,500, and may also include a sentence 7 25 of up to one year in jail. 7 26 LSB 1475XL 79 7 27 jj/cf/24.3
Text: SSB01137 Text: SSB01139 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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