Text: HF00600 Text: HF00602 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 601 1 2 1 3 AN ACT 1 4 RELATING TO CAMPAIGN FINANCE, INCLUDING POLITICAL PARTY 1 5 COMMITTEES, CAMPAIGN DISCLOSURE REPORTS, INDEPENDENT 1 6 EXPENDITURES, AND INCOME TAX CHECKOFF PROVISIONS. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 56.3, subsection 1, Code 2003, is 1 11 amended to read as follows: 1 12 1. a. Every candidate's committee shall appoint a 1 13 treasurer who shall be an Iowa resident who has reached the 1 14 age of majority. Every political committee, state statutory 1 15 political committee, and county statutory political committee 1 16 shall appoint both a treasurer and a chairperson, each of whom 1 17 shall have reached the age of majority. 1 18 b. Every candidate's committee shall maintain all of the 1 19 committee's funds in bank accounts in a financial institution 1 20 located in Iowa. Every political committee, state statutory 1 21 political committee, and county statutory political committee 1 22 shall either have an Iowa resident as treasurer or maintain 1 23 all of the committee's funds in bank accounts in a financial 1 24 institution located in Iowa. 1 25 c. An expenditure shall not be made by the treasurer or 1 26 treasurer's designee for or on behalf of a committee without 1 27 the approval of the chairperson of the committee, or the 1 28 candidate. Expenditures shall be remitted to the designated 1 29 recipient within fifteen days of the date of the issuance of 1 30 the payment. 1 31 Sec. 2. Section 56.5, subsection 2, paragraph d, Code 1 32 2003, is amended by striking the subsection. 1 33 Sec. 3. Section 56.6, subsections 2 and 5, Code 2003, are 1 34 amended to read as follows: 1 35 2. If any committee, after having filed a statement of 2 1 organization or one or more disclosure reports, dissolves or 2 2 determines that it shall no longer receive contributions or 2 3 make disbursements,the treasurer ofthe committee shall 2 4 notify the board within thirty days following such dissolution 2 5 by filing a dissolution report on forms prescribed by the 2 6 board. Moneys refunded in accordance witha dissolution2 7statementsections 56.41 and 56.42 shall be considered a 2 8 disbursement or expense but the names of persons receiving 2 9 refunds need not be released or reported unless the 2 10 contributors' names were required to be reported when the 2 11 contribution was received. 2 12 5. a. A committee shall not dissolve until all loans, 2 13 debts and obligations are paid, forgiven, or transferred and 2 14 the remaining money in the account is distributed according to 2 15the organization statementsections 56.41 and 56.42. If a 2 16 loan is transferred or forgiven, the amount of the transferred 2 17 or forgiven loan must be reported as an in-kind contribution 2 18 and deducted from the loans payable balance on the disclosure 2 19 form. If, upon review of a committee's statement of 2 20 dissolution and final report, the board determines that the 2 21 requirements for dissolution have been satisfied, the 2 22 dissolution shall be certified and the committee relieved of 2 23 further filing requirements. 2 24 b. A statutory political committee is prohibited from 2 25 dissolving, but may be placed in an inactive status upon the 2 26 approval of the board. Inactive status may be requested for a 2 27 statutory political committee when no officers exist and the 2 28 statutory political committee has ceased to function. The 2 29 request shall be made by the previous treasurer or chairperson 2 30 of the committee and by the appropriate state statutory 2 31 political committee. A statutory political committee granted 2 32 inactive status shall not solicit or expend funds in its name 2 33 until the committee reorganizes and fulfills the requirements 2 34 of a political committee under this chapter. 2 35 Sec. 4. Section 56.13, Code 2003, is amended by striking 3 1 the section and inserting in lieu thereof the following: 3 2 56.13 INDEPENDENT EXPENDITURES. 3 3 1. As used in this section, "independent expenditure" 3 4 means an expenditure for a communication that expressly 3 5 advocates the election or defeat of a clearly identified 3 6 candidate or the passage or defeat of a ballot issue that is 3 7 made without the prior approval or coordination with a 3 8 candidate, candidate's committee, or a ballot issue committee. 3 9 2. An individual who meets all of the following criteria 3 10 shall file an independent expenditure statement: 3 11 a. The individual is not a candidate. 3 12 b. The individual is acting independently and not in 3 13 coordination with another individual, organization, or 3 14 committee. 3 15 c. The individual makes one or more independent 3 16 expenditures in excess of seven hundred fifty dollars in the 3 17 aggregate to advocate the election or defeat of one or more 3 18 candidates or the passage or defeat of one or more ballot 3 19 issues. 3 20 3. a. Any combination of two or more individuals, or a 3 21 person other than an individual, that makes one or more 3 22 independent expenditures in excess of seven hundred fifty 3 23 dollars in the aggregate to advocate the election or defeat of 3 24 one or more candidates or the passage or defeat of one or more 3 25 ballot issues shall file an independent expenditure statement. 3 26 b. Sections 56.5, 56.5A, 56.6, and 56.7 shall not apply to 3 27 persons meeting the requirements of paragraph "a". 3 28 c. This subsection shall not apply to a candidate, 3 29 candidate's committee, state statutory political committee, 3 30 county statutory political committee, or a political 3 31 committee. 3 32 4. a. An independent expenditure statement shall be filed 3 33 within forty-eight hours of the making of an independent 3 34 expenditure in excess of seven hundred fifty dollars in the 3 35 aggregate. 4 1 b. An independent expenditure statement shall be filed 4 2 with the board and the board shall immediately make the 4 3 independent expenditure statement available for public 4 4 viewing. 4 5 c. For purposes of this section, an independent 4 6 expenditure is made at the time that the cost is incurred. 4 7 5. The independent expenditure statement shall contain all 4 8 of the following information: 4 9 a. Identification of the individuals or persons filing the 4 10 statement. 4 11 b. Description of the position advocated by the 4 12 individuals or persons with regard to the clearly identified 4 13 candidate or ballot issue. 4 14 c. Identification of the candidate or ballot issue 4 15 benefited by the independent expenditure. 4 16 d. The dates on which the expenditure or expenditures took 4 17 place or will take place. 4 18 e. Description of the nature of the action taken that 4 19 resulted in the expenditure or expenditures. 4 20 f. The fair market value of the expenditure or 4 21 expenditures. 4 22 6. Any person making an independent expenditure shall 4 23 comply with the attribution requirements of section 56.14. 4 24 7. a. The board shall develop, prescribe, furnish, and 4 25 distribute forms for the independent expenditure statements 4 26 required by this section. 4 27 b. The board shall adopt rules pursuant to chapter 17A for 4 28 the implementation of this section. 4 29 Sec. 5. Section 56.20, Code 2003, is amended to read as 4 30 follows: 4 31 56.20 RULES PROMULGATED. 4 32 Thedirector of revenue and finance, in co-operation with4 33the director of the department of management and theethics 4 34 and campaign disclosure board,shall administer the provisions 4 35 of sections 56.18 to 56.26 andtheyshall promulgate all 5 1 necessary rules in accordance with chapter 17A. 5 2 Sec. 6. Section 56.22, subsection 2, Code 2003, is amended 5 3 to read as follows: 5 4 2. Funds distributed to statutory political committees 5 5 pursuant to this chapter shall not be used to expressly 5 6 advocate the nomination, election, or defeat of any candidate 5 7 during the primary election. Nothing in this subsection shall 5 8 be construed to prohibit a statutory political committee from 5 9 using such funds to pay expenses incurred in arranging and 5 10 holding a nominating convention. 5 11 Sec. 7. Section 56.23, Code 2003, is amended to read as 5 12 follows: 5 13 56.23 FUNDS – CAMPAIGN EXPENSES ONLY. 5 14 1. The chairperson of the state statutory political 5 15 committee shall produce evidence tothe director of revenue5 16and finance andthe ethics and campaign disclosure board not 5 17 later than the twenty-fifth day of January each year, that all 5 18 income tax checkoff funds expended for campaign expenses have 5 19 been utilized exclusively for campaign expenses. 5 20 2. The ethics and campaign disclosure board shall issue, 5 21 prior to the payment of any money, guidelineswhichthat 5 22 explain which expenses and evidence thereof qualify as 5 23 acceptable campaign expenses. 5 24 3. Should the ethics and campaign disclosure boardand the5 25director of revenue and financedetermine that any part of the 5 26 funds have been used for noncampaign or improper expenses, 5 27theythe board may order the political party or the candidate 5 28 to return all or any part of the total funds paid to that 5 29 political party for that election. When such funds are 5 30 returned, they shall be deposited in the general fund of the 5 31 state. 5 32 Sec. 8. Section 56.43, subsection 1, Code 2003, is amended 5 33 to read as follows: 5 34 1. a. Equipment, supplies, or other materials purchased 5 35 with campaign funds or received in-kind are campaign property. 6 1 b. Campaign property belongs to the candidate's committee 6 2 and not to the candidate. 6 3 c. Campaign propertywhichthat has a value of five 6 4 hundred dollars or more at the time it is acquired by the 6 5 committee shall be separately disclosed as committee inventory 6 6 on reports filed pursuant to section 56.6, including a 6 7 declaration of the approximate current value of the property. 6 8SuchThe campaign property shall continue to be reported as 6 9 committee inventory until it is disposed of by the committee 6 10 or until the property has been reported once as having a 6 11 residual value of less than one hundred dollars.However,6 12consumable6 13 d. Consumable campaign property is not required to be 6 14 reported as committee inventory, regardless of the initial 6 15 value of the consumable campaign property. "Consumable 6 16 campaign property", for purposes of this section, means 6 17 stationery, yard signs, and other campaign materialswhich6 18 that have been permanently imprinted to be specific to a 6 19 candidate or election. 6 20 Sec. 9. CODE EDITOR DIRECTIVE. The Code editor shall move 6 21 and renumber chapter 56 as chapter 68A, and shall change all 6 22 references to chapter 56 appropriately throughout the Code. 6 23 6 24 6 25 6 26 CHRISTOPHER C. RANTS 6 27 Speaker of the House 6 28 6 29 6 30 6 31 MARY E. KRAMER 6 32 President of the Senate 6 33 6 34 I hereby certify that this bill originated in the House and 6 35 is known as House File 601, Eightieth General Assembly. 7 1 7 2 7 3 7 4 MARGARET THOMSON 7 5 Chief Clerk of the House 7 6 Approved , 2003 7 7 7 8 7 9 7 10 THOMAS J. VILSACK 7 11 Governor
Text: HF00600 Text: HF00602 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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