House File 2493 S-5285 Amend the amendment, S-5273, to House File 2493, as amended, 1 passed, and reprinted by the House, as follows: 2 1. Page 1, after line 24 by inserting: 3 < ___. Page 12, line 29, after < department. > by inserting 4 < Such moneys shall not be used for advertising expenditures 5 prior to an election as prohibited pursuant to section 6 68A.405A, if enacted. >> 7 2. Page 2, after line 31 by inserting: 8 < Sec. ___. NEW SECTION . 68A.405A Advertising expenditures 9 prior to elections prohibited. 10 1. For the purposes of this section: 11 a. “Designated communication” means a public advertisement 12 or promotion delivered through a paid direct mailing, a paid 13 radio communication, or a paid television communication funded 14 in whole or in part with public moneys or moneys held in a 15 private trust fund as defined by section 8.2, or a trust 16 fund controlled by a political subdivision of the state, if 17 such paid direct mailing, paid radio communication, or paid 18 television communication bears the written name, likeness, or 19 voice of a statewide elected official, a member of the general 20 assembly, or a local official. “Designated communication” does 21 not mean any of the following: 22 (1) A report, record, letter, memorandum, document, 23 envelope, cover sheet, certificate, constituent correspondence, 24 routine ministerial material, or ceremonial material bearing 25 the name, official logo, or official letterhead of the office 26 of a statewide elected official, a member of the general 27 assembly, or local official, provided that such report, 28 record, letter, memorandum, document, envelope, cover sheet, 29 certificate, routine ministerial material, or ceremonial 30 material is used or generated in the course of the statewide 31 elected official’s, member of the general assembly’s, or local 32 official’s duties. 33 (2) A depiction of the great seal of the state of Iowa 34 through any medium when such depiction has been approved by the 35 -1- S5273.5576 (2) 87 ko/tm 1/ 5 #1. #2.

office of the governor. 1 (3) Official press releases or press advisories issued by 2 the office of a statewide elected official, a member of the 3 general assembly, or a local official in any form. 4 (4) A publication, literature, or other medium of 5 communication designed to further the purposes of section 6 29C.3. 7 (5) A payment made by the office of a statewide elected 8 official, the general assembly, or a local official to the 9 management of a fair in order to reserve a physical floor space 10 at a fairground or grounds as defined by section 174.1 for use 11 by the statewide elected official, the general assembly, or 12 the local official for a booth or display at a fair event as 13 defined in section 174.1. 14 b. “Designated exhibit expenditure” means a billboard, 15 placard, banner, table skirt, sign, display, or other physical 16 structure in excess of one hundred fifty square inches funded 17 in whole or in part with public moneys or moneys held in a 18 private trust fund as defined in section 8.2, or a trust fund 19 controlled by a political subdivision of the state, and placed 20 or displayed within or upon a defined physical booth space 21 located at a fairground or grounds as defined in section 174.1 22 bearing the written name, likeness, or voice of a statewide 23 elected official, a member of the general assembly, or a local 24 official. “Designated exhibit expenditure” does not mean any 25 of the following: 26 (1) A report, record, letter, memorandum, document, 27 envelope, cover sheet, certificate, constituent correspondence, 28 routine ministerial material, or ceremonial material bearing 29 the name, official logo, or official letterhead of the office 30 of a statewide elected official, a member of the general 31 assembly, or local official, provided that such report, 32 record, letter, memorandum, document, envelope, cover sheet, 33 certificate, routine ministerial material, or ceremonial 34 material is used or generated in the course of the statewide 35 -2- S5273.5576 (2) 87 ko/tm 2/ 5

elected official’s, member of the general assembly’s, or local 1 official’s duties. 2 (2) A depiction of the great seal of the state of Iowa 3 through any medium when such depiction has been approved by the 4 office of the governor. 5 (3) Official press releases or press advisories issued by 6 the office of a statewide elected official, a member of the 7 general assembly, or a local official in any form. 8 (4) A publication, literature, or other medium of 9 communication designed to further the purposes of section 10 29C.3. 11 (5) A payment made by the office of a statewide elected 12 official, the general assembly, or a local official to the 13 management of a fair in order to reserve a physical floor space 14 at a fairground or grounds as defined by section 174.1 for use 15 by the statewide elected official, the general assembly, or 16 the local official for a booth or display at a fair event as 17 defined in section 174.1. 18 c. “Local official” means the same as defined in section 19 68B.2. 20 d. “Statewide elected official” means the same as defined 21 in section 68B.2. 22 2. A statewide elected official, a member of the general 23 assembly, or a local official shall not make or authorize a 24 designated communication or designated exhibit expenditure to 25 be made within sixty days before a general election. 26 3. A statewide elected official, member of the general 27 assembly, or local official who makes or authorizes a 28 designated communication or designated exhibit expenditure to 29 be made more than sixty days before a general election shall 30 clearly affix to the designated communication or designated 31 exhibit expenditure an attribution statement disclosing the 32 source of the public moneys or moneys held in trust used to 33 pay for the designated communication or designated exhibit 34 expenditure. An attribution statement is not required to be 35 -3- S5273.5576 (2) 87 ko/tm 3/ 5

affixed to a designated communication or designated exhibit 1 expenditure made using a medium substantially similar to those 2 listed in section 68A.405, subsection 2. 3 4. An attribution statement required by subsection 3 shall 4 be displayed or transmitted as follows: 5 a. For a designated communication in the form of a paid 6 direct mailing, the attribution statement shall be printed on 7 the paid direct mailing and shall include the words “paid for 8 by” followed by the exact source of the public moneys or moneys 9 held in trust so used to pay for the designated communication 10 in question. 11 b. For a designated communication in the form of a paid 12 radio communication, the attribution statement shall be stated 13 clearly and in an understandable manner easily ascertainable by 14 the listener of such paid radio communication and shall include 15 the words “paid for by” followed by the exact source of the 16 public moneys or moneys held in trust so used to pay for the 17 designated communication. 18 c. For a designated communication in the form of a paid 19 television communication, the attribution statement shall 20 include the words “paid for by” followed by the exact source 21 of the public moneys or moneys held in trust so used to pay for 22 the designated communication. Such attribution statement shall 23 be displayed on the screen in a clearly readable manner for at 24 least four seconds. 25 d. For a designated exhibit expenditure requiring an 26 attribution statement, the attribution statement shall be 27 printed on the billboard, placard, banner, table skirt, 28 sign, display, or other physical structure and shall include 29 the words “paid for by” followed by the exact source of the 30 public moneys or moneys held in trust so used to pay for the 31 designated exhibit expenditure. 32 5. A person who willfully violates this section shall be 33 subject to a civil penalty of an amount up to the amount of 34 moneys withdrawn from a public account, private trust fund 35 -4- S5273.5576 (2) 87 ko/tm 4/ 5

as defined in section 8.2, or trust fund controlled by a 1 political subdivision of the state used to fund the designated 2 communication or designated exhibit expenditure found to be in 3 violation of this section by the board. Such penalty shall be 4 determined and assessed by the board and paid into the account 5 from which such moneys were withdrawn. Additional criminal or 6 civil penalties available under section 68A.701 or established 7 by the board pursuant to section 68B.32A may also be determined 8 and assessed by the board for violations of this section. 9 6. This section shall not apply to any physically printed or 10 electronically printed, published, or disseminated materials or 11 literature generated by a statewide elected official, member of 12 the general assembly, or local official prior to the effective 13 date of this division of this Act. > 14 3. Page 3, after line 25 by inserting: 15 < ___. Title page, line 6, after < matters, > by inserting < and 16 relating to the expenditure of public funds, and >> 17 4. By renumbering as necessary. 18 ______________________________ WILLIAM A. DOTZLER, JR. -5- S5273.5576 (2) 87 ko/tm 5/ 5 #3. #4.