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Senate Study Bill 1129

Bill Text

PAG LIN
  1  1    Section 1.  Section 56.3, subsection 1, Code 2003, is
  1  2 amended to read as follows:
  1  3    1.  a.  Every candidate's committee shall appoint a
  1  4 treasurer who shall be an Iowa resident who has reached the
  1  5 age of majority.  Every political committee, state statutory
  1  6 political committee, and county statutory political committee
  1  7 shall appoint both a treasurer and a chairperson, each of whom
  1  8 shall have reached the age of majority.
  1  9    b.  Every candidate's committee shall maintain all of the
  1 10 committee's funds in bank accounts in a financial institution
  1 11 located in Iowa.  Every political committee, state statutory
  1 12 political committee, and county statutory political committee
  1 13 shall either have an Iowa resident as treasurer or maintain
  1 14 all of the committee's funds in bank accounts in a financial
  1 15 institution located in Iowa.
  1 16    c.  An expenditure shall not be made by the treasurer or
  1 17 treasurer's designee for or on behalf of a committee without
  1 18 the approval of the chairperson of the committee, or the
  1 19 candidate.  Expenditures shall be remitted to the designated
  1 20 recipient within fifteen days of the date of the issuance of
  1 21 the payment.
  1 22    Sec. 2.  Section 56.5, subsection 2, paragraph d, Code
  1 23 2003, is amended by striking the subsection.
  1 24    Sec. 3.  Section 56.6, subsections 2 and 5, Code 2003, are
  1 25 amended to read as follows:
  1 26    2.  If any committee, after having filed a statement of
  1 27 organization or one or more disclosure reports, dissolves or
  1 28 determines that it shall no longer receive contributions or
  1 29 make disbursements, the treasurer of the committee shall
  1 30 notify the board within thirty days following such dissolution
  1 31 by filing a dissolution report on forms prescribed by the
  1 32 board.  Moneys refunded in accordance with a dissolution
  1 33 statement sections 56.41 and 56.42 shall be considered a
  1 34 disbursement or expense but the names of persons receiving
  1 35 refunds need not be released or reported unless the
  2  1 contributors' names were required to be reported when the
  2  2 contribution was received.
  2  3    5.  a.  A committee shall not dissolve until all loans,
  2  4 debts and obligations are paid, forgiven, or transferred and
  2  5 the remaining money in the account is distributed according to
  2  6 the organization statement sections 56.41 and 56.42.  If a
  2  7 loan is transferred or forgiven, the amount of the transferred
  2  8 or forgiven loan must be reported as an in-kind contribution
  2  9 and deducted from the loans payable balance on the disclosure
  2 10 form.  If, upon review of a committee's statement of
  2 11 dissolution and final report, the board determines that the
  2 12 requirements for dissolution have been satisfied, the
  2 13 dissolution shall be certified and the committee relieved of
  2 14 further filing requirements.
  2 15    b.  A statutory political committee is prohibited from
  2 16 dissolving, but may be placed in an inactive status upon the
  2 17 approval of the board.  Inactive status may be requested for a
  2 18 statutory political committee when no officers exist and the
  2 19 statutory political committee has ceased to function.  The
  2 20 request shall be made by the previous treasurer or chairperson
  2 21 of the committee and by the appropriate state statutory
  2 22 political committee.  A statutory political committee granted
  2 23 inactive status shall not solicit or expend funds in its name
  2 24 until the committee reorganizes and fulfills the requirements
  2 25 of a political committee under this chapter.
  2 26    Sec. 4.  Section 56.13, Code 2003, is amended by striking
  2 27 the section and inserting in lieu thereof the following:
  2 28    56.13  INDEPENDENT EXPENDITURES.
  2 29    The board shall adopt rules pursuant to chapter 17A
  2 30 defining independent expenditures and relating to the
  2 31 reporting of independent expenditures.
  2 32    Sec. 5.  Section 56.20, Code 2003, is amended to read as
  2 33 follows:
  2 34    56.20  RULES PROMULGATED.
  2 35    The director of revenue and finance, in co-operation with
  3  1 the director of the department of management and the ethics
  3  2 and campaign disclosure board, shall administer the provisions
  3  3 of sections 56.18 to 56.26 and they shall promulgate all
  3  4 necessary rules in accordance with chapter 17A.
  3  5    Sec. 6.  Section 56.22, subsection 2, Code 2003, is amended
  3  6 to read as follows:
  3  7    2.  Funds distributed to statutory political committees
  3  8 pursuant to this chapter shall not be used to expressly
  3  9 advocate the nomination, election, or defeat of any candidate
  3 10 during the primary election.  Nothing in this subsection shall
  3 11 be construed to prohibit a statutory political committee from
  3 12 using such funds to pay expenses incurred in arranging and
  3 13 holding a nominating convention.
  3 14    Sec. 7.  Section 56.23, Code 2003, is amended to read as
  3 15 follows:
  3 16    56.23  FUNDS – CAMPAIGN EXPENSES ONLY.
  3 17    1.  The chairperson of the state statutory political
  3 18 committee shall produce evidence to the director of revenue
  3 19 and finance and the ethics and campaign disclosure board not
  3 20 later than the twenty-fifth day of January each year, that all
  3 21 income tax checkoff funds expended for campaign expenses have
  3 22 been utilized exclusively for campaign expenses.
  3 23    2.  The ethics and campaign disclosure board shall issue,
  3 24 prior to the payment of any money, guidelines which that
  3 25 explain which expenses and evidence thereof qualify as
  3 26 acceptable campaign expenses.
  3 27    3.  Should the ethics and campaign disclosure board and the
  3 28 director of revenue and finance determine that any part of the
  3 29 funds have been used for noncampaign or improper expenses,
  3 30 they the board may order the political party or the candidate
  3 31 to return all or any part of the total funds paid to that
  3 32 political party for that election.  When such funds are
  3 33 returned, they shall be deposited in the general fund of the
  3 34 state.
  3 35    Sec. 8.  Section 56.43, subsection 1, Code 2003, is amended
  4  1 to read as follows:
  4  2    1.  a.  Equipment, supplies, or other materials purchased
  4  3 with campaign funds or received in-kind are campaign property.
  4  4    b.  Campaign property belongs to the candidate's committee
  4  5 and not to the candidate.
  4  6    c.  Campaign property which that has a value of five
  4  7 hundred dollars or more at the time it is acquired by the
  4  8 committee shall be separately disclosed as committee inventory
  4  9 on reports filed pursuant to section 56.6, including a
  4 10 declaration of the approximate current value of the property.
  4 11 Such The campaign property shall continue to be reported as
  4 12 committee inventory until it is disposed of by the committee
  4 13 or until the property has been reported once as having a
  4 14 residual value of less than one hundred dollars.  However,
  4 15 consumable
  4 16    d.  Consumable campaign property is not required to be
  4 17 reported as committee inventory, regardless of the initial
  4 18 value of the consumable campaign property.  "Consumable
  4 19 campaign property", for purposes of this section, means
  4 20 stationery, yard signs, and other campaign materials which
  4 21 that have been permanently imprinted to be specific to a
  4 22 candidate or election.
  4 23    Sec. 9.  CODE EDITOR DIRECTIVE.  The Code editor shall move
  4 24 and renumber chapter 56 as chapter 68A, and shall change all
  4 25 references to chapter 56 appropriately throughout the Code.  
  4 26                           EXPLANATION
  4 27    This bill makes changes to various provisions in Code
  4 28 chapter 56, relating to campaign finance.
  4 29    The statutory political committees, more commonly known as
  4 30 party committees, are expressly directed to appoint a chair
  4 31 and treasurer, and maintain campaign funds in a financial
  4 32 institution via changes to Code section 56.3.
  4 33    Elimination of a paragraph in Code section 56.5 removes the
  4 34 requirement for committees to declare on an initial statement
  4 35 of organization how residual campaign funds will be disbursed.
  5  1 A related change is made to Code section 56.6 to remove a
  5  2 reference to the organization statement, and to refer to the
  5  3 Code sections that provide specific options for disbursing
  5  4 residual funds.
  5  5    The bill strikes current Code section 56.13 relating to
  5  6 independent expenditures, and replaces it with a provision
  5  7 allowing the Iowa ethics and campaign disclosure board to
  5  8 adopt rules defining independent expenditures and providing
  5  9 for reporting.
  5 10    The bill makes several changes to Code sections pertaining
  5 11 to the Iowa election campaign fund income tax checkoff,
  5 12 including placing all administrative responsibility for rules
  5 13 and enforcement for the checkoff with the board.
  5 14    The bill amends Code section 56.43 expressly to provide
  5 15 that campaign property having a value of less than $100 need
  5 16 only be reported once.
  5 17    The bill also contains a directive to the Code editor to
  5 18 designate Code chapter 56 as 68A, placing it numerically next
  5 19 to the government ethics and lobbying chapter.  
  5 20 LSB 1162DP 80
  5 21 jj/cf/24
     

Text: SSB01128                          Text: SSB01130
Text: SSB01100 - SSB01199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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