S-5285

   Amend  the amendment, S-5273, to House File 2493, as amended, passed, and reprinted by the House, as follows:
   1.  Page 1, after line 24 by inserting: 
   <___.  Page 12, line 29, after <department.> by inserting <Such moneys shall not be used for advertising expenditures prior to an election as prohibited pursuant to section 68A.405A, if enacted.>>
   2.  Page 2, after line 31 by inserting: 
   <Sec. ___.  NEW SECTION.  68A.405A  Advertising expenditures prior to elections prohibited.
   1.  For the purposes of this section:
   a.  “Designated communication” means a public advertisement or promotion delivered through a paid direct mailing, a paid radio communication, or a paid television communication funded in whole or in part with public moneys or moneys held in a private trust fund as defined by section 8.2, or a trust fund controlled by a political subdivision of the state, if such paid direct mailing, paid radio communication, or paid television communication bears the written name, likeness, or voice of a statewide elected official, a member of the general assembly, or a local official. “Designated communication” does not mean any of the following:
   (1)  A report, record, letter, memorandum, document, envelope, cover sheet, certificate, constituent correspondence, routine ministerial material, or ceremonial material bearing the name, official logo, or official letterhead of the office of a statewide elected official, a member of the general assembly, or local official, provided that such report, record, letter, memorandum, document, envelope, cover sheet, certificate, routine ministerial material, or ceremonial material is used or generated in the course of the statewide elected official’s, member of the general assembly’s, or local official’s duties.
   (2)  A depiction of the great seal of the state of Iowa through any medium when such depiction has been approved by the office of the governor.
   (3)  Official press releases or press advisories issued by the office of a statewide elected official, a member of the general assembly, or a local official in any form.
   (4)  A publication, literature, or other medium of communication designed to further the purposes of section 29C.3.
   (5)  A payment made by the office of a statewide elected official, the general assembly, or a local official to the management of a fair in order to reserve a physical floor space at a fairground or grounds as defined by section 174.1 for use by the statewide elected official, the general assembly, or the local official for a booth or display at a fair event as defined in section 174.1.
   b.  “Designated exhibit expenditure” means a billboard, placard, banner, table skirt, sign, display, or other physical structure in excess of one hundred fifty square inches funded in whole or in part with public moneys or moneys held in a private trust fund as defined in section 8.2, or a trust fund controlled by a political subdivision of the state, and placed or displayed within or upon a defined physical booth space located at a fairground or grounds as defined in section 174.1 bearing the written name, likeness, or voice of a statewide elected official, a member of the general assembly, or a local official. “Designated exhibit expenditure” does not mean any of the following:
   (1)  A report, record, letter, memorandum, document, envelope, cover sheet, certificate, constituent correspondence, routine ministerial material, or ceremonial material bearing the name, official logo, or official letterhead of the office of a statewide elected official, a member of the general assembly, or local official, provided that such report, record, letter, memorandum, document, envelope, cover sheet, certificate, routine ministerial material, or ceremonial material is used or generated in the course of the statewide elected official’s, member of the general assembly’s, or local official’s duties.
   (2)  A depiction of the great seal of the state of Iowa through any medium when such depiction has been approved by the office of the governor.
   (3)  Official press releases or press advisories issued by the office of a statewide elected official, a member of the general assembly, or a local official in any form.
   (4)  A publication, literature, or other medium of communication designed to further the purposes of section 29C.3.
   (5)  A payment made by the office of a statewide elected official, the general assembly, or a local official to the management of a fair in order to reserve a physical floor space at a fairground or grounds as defined by section 174.1 for use by the statewide elected official, the general assembly, or the local official for a booth or display at a fair event as defined in section 174.1.
   c.  “Local official” means the same as defined in section 68B.2.
   d.  “Statewide elected official” means the same as defined in section 68B.2.
   2.  A statewide elected official, a member of the general assembly, or a local official shall not make or authorize a designated communication or designated exhibit expenditure to be made within sixty days before a general election.
   3.  A statewide elected official, member of the general assembly, or local official who makes or authorizes a designated communication or designated exhibit expenditure to be made more than sixty days before a general election shall clearly affix to the designated communication or designated exhibit expenditure an attribution statement disclosing the source of the public moneys or moneys held in trust used to pay for the designated communication or designated exhibit expenditure. An attribution statement is not required to be affixed to a designated communication or designated exhibit expenditure made using a medium substantially similar to those listed in section 68A.405, subsection 2.
   4.  An attribution statement required by subsection 3 shall be displayed or transmitted as follows:
   a.  For a designated communication in the form of a paid direct mailing, the attribution statement shall be printed on the paid direct mailing and shall include the words “paid for by” followed by the exact source of the public moneys or moneys held in trust so used to pay for the designated communication in question.
   b.  For a designated communication in the form of a paid radio communication, the attribution statement shall be stated clearly and in an understandable manner easily ascertainable by the listener of such paid radio communication and shall include the words “paid for by” followed by the exact source of the public moneys or moneys held in trust so used to pay for the designated communication.
   c.  For a designated communication in the form of a paid television communication, the attribution statement shall include the words “paid for by” followed by the exact source of the public moneys or moneys held in trust so used to pay for the designated communication. Such attribution statement shall be displayed on the screen in a clearly readable manner for at least four seconds.
   d.  For a designated exhibit expenditure requiring an attribution statement, the attribution statement shall be printed on the billboard, placard, banner, table skirt, sign, display, or other physical structure and shall include the words “paid for by” followed by the exact source of the public moneys or moneys held in trust so used to pay for the designated exhibit expenditure.
   5.  A person who willfully violates this section shall be subject to a civil penalty of an amount up to the amount of moneys withdrawn from a public account, private trust fund as defined in section 8.2, or trust fund controlled by a political subdivision of the state used to fund the designated communication or designated exhibit expenditure found to be in violation of this section by the board. Such penalty shall be determined and assessed by the board and paid into the account from which such moneys were withdrawn. Additional criminal or civil penalties available under section 68A.701 or established by the board pursuant to section 68B.32A may also be determined and assessed by the board for violations of this section.
   6.  This section shall not apply to any physically printed or electronically printed, published, or disseminated materials or literature generated by a statewide elected official, member of the general assembly, or local official prior to the effective date of this division of this Act.>
   3.  Page 3, after line 25 by inserting: 
   <___.  Title page, line 6, after <matters,> by inserting <and relating to the expenditure of public funds, and>>
   4.  By renumbering as necessary.

______________________________
WILLIAM A. DOTZLER, JR.