House File 2493 S-5287 Amend House File 2493, as amended, passed, and reprinted by 1 the House, as follows: 2 1. Page 12, line 29, after < department. > by inserting < Such 3 moneys shall not be used for advertising expenditures prior 4 to an election as prohibited pursuant to section 68A.405A, if 5 enacted. > 6 2. Page 18, after line 12 by inserting: 7 < DIVISION ___ 8 MISCELLANEOUS 9 Sec. ___. NEW SECTION . 68A.405A Advertising expenditures 10 prior to elections prohibited. 11 1. For the purposes of this section: 12 a. “Designated communication” means a public advertisement 13 or promotion delivered through a paid direct mailing, a paid 14 radio communication, or a paid television communication funded 15 in whole or in part with public moneys or moneys held in a 16 private trust fund as defined by section 8.2, or a trust 17 fund controlled by a political subdivision of the state, if 18 such paid direct mailing, paid radio communication, or paid 19 television communication bears the written name, likeness, or 20 voice of a statewide elected official, a member of the general 21 assembly, or a local official. “Designated communication” does 22 not mean any of the following: 23 (1) A report, record, letter, memorandum, document, 24 envelope, cover sheet, certificate, constituent correspondence, 25 routine ministerial material, or ceremonial material bearing 26 the name, official logo, or official letterhead of the office 27 of a statewide elected official, a member of the general 28 assembly, or local official, provided that such report, 29 record, letter, memorandum, document, envelope, cover sheet, 30 certificate, routine ministerial material, or ceremonial 31 material is used or generated in the course of the statewide 32 elected official’s, member of the general assembly’s, or local 33 official’s duties. 34 (2) A depiction of the great seal of the state of Iowa 35 -1- HF2493.5565 (2) 87 ko/tm 1/ 5 #1. #2.

through any medium when such depiction has been approved by the 1 office of the governor. 2 (3) Official press releases or press advisories issued by 3 the office of a statewide elected official, a member of the 4 general assembly, or a local official in any form. 5 (4) A publication, literature, or other medium of 6 communication designed to further the purposes of section 7 29C.3. 8 (5) A payment made by the office of a statewide elected 9 official, the general assembly, or a local official to the 10 management of a fair in order to reserve a physical floor space 11 at a fairground or grounds as defined by section 174.1 for use 12 by the statewide elected official, the general assembly, or 13 the local official for a booth or display at a fair event as 14 defined in section 174.1. 15 b. “Designated exhibit expenditure” means a billboard, 16 placard, banner, table skirt, sign, display, or other physical 17 structure in excess of one hundred fifty square inches funded 18 in whole or in part with public moneys or moneys held in a 19 private trust fund as defined in section 8.2, or a trust fund 20 controlled by a political subdivision of the state, and placed 21 or displayed within or upon a defined physical booth space 22 located at a fairground or grounds as defined in section 174.1 23 bearing the written name, likeness, or voice of a statewide 24 elected official, a member of the general assembly, or a local 25 official. “Designated exhibit expenditure” does not mean any 26 of the following: 27 (1) A report, record, letter, memorandum, document, 28 envelope, cover sheet, certificate, constituent correspondence, 29 routine ministerial material, or ceremonial material bearing 30 the name, official logo, or official letterhead of the office 31 of a statewide elected official, a member of the general 32 assembly, or local official, provided that such report, 33 record, letter, memorandum, document, envelope, cover sheet, 34 certificate, routine ministerial material, or ceremonial 35 -2- HF2493.5565 (2) 87 ko/tm 2/ 5

material is used or generated in the course of the statewide 1 elected official’s, member of the general assembly’s, or local 2 official’s duties. 3 (2) A depiction of the great seal of the state of Iowa 4 through any medium when such depiction has been approved by the 5 office of the governor. 6 (3) Official press releases or press advisories issued by 7 the office of a statewide elected official, a member of the 8 general assembly, or a local official in any form. 9 (4) A publication, literature, or other medium of 10 communication designed to further the purposes of section 11 29C.3. 12 (5) A payment made by the office of a statewide elected 13 official, the general assembly, or a local official to the 14 management of a fair in order to reserve a physical floor space 15 at a fairground or grounds as defined by section 174.1 for use 16 by the statewide elected official, the general assembly, or 17 the local official for a booth or display at a fair event as 18 defined in section 174.1. 19 c. “Local official” means the same as defined in section 20 68B.2. 21 d. “Statewide elected official” means the same as defined 22 in section 68B.2. 23 2. A statewide elected official, a member of the general 24 assembly, or a local official shall not make or authorize a 25 designated communication or designated exhibit expenditure to 26 be made within sixty days before a general election. 27 3. A statewide elected official, member of the general 28 assembly, or local official who makes or authorizes a 29 designated communication or designated exhibit expenditure to 30 be made more than sixty days before a general election shall 31 clearly affix to the designated communication or designated 32 exhibit expenditure an attribution statement disclosing the 33 source of the public moneys or moneys held in trust used to 34 pay for the designated communication or designated exhibit 35 -3- HF2493.5565 (2) 87 ko/tm 3/ 5

expenditure. An attribution statement is not required to be 1 affixed to a designated communication or designated exhibit 2 expenditure made using a medium substantially similar to those 3 listed in section 68A.405, subsection 2. 4 4. An attribution statement required by subsection 3 shall 5 be displayed or transmitted as follows: 6 a. For a designated communication in the form of a paid 7 direct mailing, the attribution statement shall be printed on 8 the paid direct mailing and shall include the words “paid for 9 by” followed by the exact source of the public moneys or moneys 10 held in trust so used to pay for the designated communication 11 in question. 12 b. For a designated communication in the form of a paid 13 radio communication, the attribution statement shall be stated 14 clearly and in an understandable manner easily ascertainable by 15 the listener of such paid radio communication and shall include 16 the words “paid for by” followed by the exact source of the 17 public moneys or moneys held in trust so used to pay for the 18 designated communication. 19 c. For a designated communication in the form of a paid 20 television communication, the attribution statement shall 21 include the words “paid for by” followed by the exact source 22 of the public moneys or moneys held in trust so used to pay for 23 the designated communication. Such attribution statement shall 24 be displayed on the screen in a clearly readable manner for at 25 least four seconds. 26 d. For a designated exhibit expenditure requiring an 27 attribution statement, the attribution statement shall be 28 printed on the billboard, placard, banner, table skirt, 29 sign, display, or other physical structure and shall include 30 the words “paid for by” followed by the exact source of the 31 public moneys or moneys held in trust so used to pay for the 32 designated exhibit expenditure. 33 5. A person who willfully violates this section shall be 34 subject to a civil penalty of an amount up to the amount of 35 -4- HF2493.5565 (2) 87 ko/tm 4/ 5

moneys withdrawn from a public account, private trust fund 1 as defined in section 8.2, or trust fund controlled by a 2 political subdivision of the state used to fund the designated 3 communication or designated exhibit expenditure found to be in 4 violation of this section by the board. Such penalty shall be 5 determined and assessed by the board and paid into the account 6 from which such moneys were withdrawn. Additional criminal or 7 civil penalties available under section 68A.701 or established 8 by the board pursuant to section 68B.32A may also be determined 9 and assessed by the board for violations of this section. 10 6. This section shall not apply to any physically printed or 11 electronically printed, published, or disseminated materials or 12 literature generated by a statewide elected official, member of 13 the general assembly, or local official prior to the effective 14 date of this division of this Act. > 15 3. 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- HF2493.5565 (2) 87 ko/tm 5/ 5 #3. #4.