House File 2643 H-8303 Amend the amendment, H-8276, to House File 2643, as follows: 1 1. Page 13, after line 34 by inserting: 2 < DIVISION ___ 3 OVERSIGHT BY LEGISLATIVE COUNCIL 4 Sec. ___. OVERSIGHT BY LEGISLATIVE COUNCIL. For the fiscal 5 year beginning July 1, 2020, and ending June 30, 2021, all of 6 the following apply: 7 1. On or before September 30, 2020, and on or before 8 December 31, 2020, the department of management shall submit 9 to the legislative council a detailed list of all expenditures 10 made from moneys received by the state from the federal 11 coronavirus relief fund created pursuant to the federal 12 Coronavirus Aid, Relief, and Economic Security Act, Pub. L. 13 No. 116-136. In addition, the department of management shall 14 notify the legislative council of any contract or agreement 15 with a private entity for the expenditure of such moneys, 16 including the name of the private entity and the amount to be 17 expended, within fourteen days after the contract or agreement 18 takes effect. 19 2. The department of management shall not expend more than 20 $10,000,000 collectively during the fiscal year on any one 21 contract, agreement, or purpose without the approval of the 22 legislative council. 23 3. The department of management shall not make an 24 interdepartmental or intradepartmental transfer under section 25 8.39 of more than $2,000,000 or otherwise transfer more than 26 $2,000,000 collectively during the fiscal year from any one 27 fund or account to any other fund or account without the 28 approval of the legislative council. 29 DIVISION ___ 30 COMPETITIVE BIDDING 31 Sec. ___. COMPETITIVE BIDDING REINSTATEMENT. 32 Notwithstanding any provision of a proclamation of disaster 33 emergency issued by the governor during 2020 relating to 34 COVID-19 to the contrary, competitive bidding procedures 35 -1- H8276.4429 (2) 88 ns/tm 1/ 13 #1.

otherwise required for state agencies pursuant to Code chapters 1 8A and 8B shall be followed and not be altered or waived unless 2 for an immediate public health need. 3 Sec. ___. EFFECTIVE DATE. This division of this Act, being 4 deemed of immediate importance, takes effect upon enactment. 5 DIVISION ___ 6 FEDERAL FUND PREFERENCE 7 Sec. ___. IOWA BUSINESSES —— FEDERAL FUND PREFERENCE. As 8 a condition of expending any money received from the federal 9 coronavirus relief fund created pursuant to the federal 10 Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 11 116-136, any state agency authorized to enter into a contract 12 to expend such funds shall give first preference in awarding a 13 contract to an Iowa-based business. 14 Sec. ___. EFFECTIVE DATE. This division of this Act, being 15 deemed of immediate importance, takes effect upon enactment. 16 DIVISION ___ 17 COMPLIANCE —— AMERICANS WITH DISABILITIES ACT 18 Sec. ___. COMPLIANCE —— AMERICANS WITH DISABILITIES 19 ACT. Any public or private entity that is the ultimate 20 recipient of federal funds received and disbursed by the state 21 shall comply with the federal Americans with Disabilities Act 22 of 1990, 42 U.S.C. §12101 et seq., as a condition of receiving 23 the federal funds from the state. 24 DIVISION ___ 25 COVID-19 FUNDING ANNOUNCEMENT RESTRICTIONS 26 Sec. ___. COVID-19 FUNDING —— ANNOUNCEMENT. The governor 27 or any other person of the executive branch shall not announce 28 the award of federal funding related to COVID-19 within six 29 weeks before or on the day of a general election or within six 30 weeks before the commencement of absentee voting for a general 31 election or during the absentee-voting period for a general 32 election. 33 DIVISION ___ 34 CAMPAIGN CONTRIBUTION DISCLOSURE BY PUBLIC BOARD MEMBERS 35 -2- H8276.4429 (2) 88 ns/tm 2/ 13

Sec. ___. Section 7E.8, Code 2020, is amended to read as 1 follows: 2 7E.8 Members of boards, committees, commissions, and councils 3 —— disclosure requirements. 4 1. A member of any board, committee, commission, or council 5 who was subject to senate confirmation pursuant to section 2.32 6 shall disclose to the appointing authority for that board, 7 committee, commission, or council if the member has filed 8 subsequent to senate confirmation a registration statement 9 pursuant to the federal Foreign Agents Registration Act of 10 1938, as amended, 22 U.S.C. §611 et seq. 11 2. A member of any board, committee, commission, or council 12 who makes a contribution as defined in section 68A.102 shall 13 report such contribution to the Iowa ethics and campaign 14 disclosure board established under section 68B.32 in a form 15 prescribed by the Iowa ethics and campaign disclosure board by 16 rule. 17 DIVISION ___ 18 PUBLIC EMPLOYMENT OF GENERAL ASSEMBLY MEMBERS 19 Sec. ___. NEW SECTION . 68B.9 Public employment of members 20 of the general assembly —— advertising requirements. 21 A member of the general assembly, both during and after 22 the termination of service, shall not accept employment with 23 an agency or the judicial branch unless the position that the 24 member accepts was conspicuously posted for at least thirty 25 days on the agency’s or judicial branch’s internet site and was 26 otherwise advertised in a manner typical for similar positions 27 at the agency or judicial branch. 28 Sec. ___. Section 68B.34, Code 2020, is amended to read as 29 follows: 30 68B.34 Additional penalty. 31 In addition to any penalty contained in any other provision 32 of law, a person who knowingly and intentionally violates a 33 provision of sections 68B.2A through 68B.8 68B.9 , sections 34 68B.22 through 68B.24 , or sections 68B.35 through 68B.38 35 -3- H8276.4429 (2) 88 ns/tm 3/ 13

is guilty of a serious misdemeanor and may be reprimanded, 1 suspended, or dismissed from the person’s position or otherwise 2 sanctioned. 3 Sec. ___. APPLICABILITY. The following applies to 4 employment entered into between a member of the general 5 assembly and an agency or the judicial branch on or after the 6 effective date of this division of this Act: 7 The section of this Act enacting section 68B.9. 8 DIVISION ___ 9 OPEN MEETINGS AND PUBLIC RECORDS 10 Sec. ___. Section 21.2, subsection 1, Code 2020, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . k. A group self-insurance program that was 13 established in 1986 that provides liability insurance pursuant 14 to section 670.7 to at least fifty percent of the counties in 15 this state. 16 Sec. ___. Section 22.1, subsection 1, Code 2020, is amended 17 to read as follows: 18 1. “Government body” means this state, or any county, 19 city, township, school corporation, political subdivision, 20 tax-supported district, nonprofit corporation other than a 21 fair conducting a fair event as provided in chapter 174 , whose 22 facilities or indebtedness are supported in whole or in part 23 with property tax revenue and which is licensed to conduct 24 pari-mutuel wagering pursuant to chapter 99D ; the governing 25 body of a drainage or levee district as provided in chapter 26 468 , including a board as defined in section 468.3 , regardless 27 of how the district is organized; a group self-insurance 28 program that was established in 1986 that provides liability 29 insurance pursuant to section 670.7 to at least fifty percent 30 of the counties in this state; or other entity of this state, 31 or any branch, department, board, bureau, commission, council, 32 committee, official, or officer of any of the foregoing or any 33 employee delegated the responsibility for implementing the 34 requirements of this chapter . 35 -4- H8276.4429 (2) 88 ns/tm 4/ 13

DIVISION ___ 1 CAMPAIGN FINANCE 2 Sec. ___. Section 68A.102, subsection 10, paragraph a, 3 subparagraph (2), Code 2020, is amended to read as follows: 4 (2) The payment, by any person other than a candidate or 5 political committee who receives the service , of compensation 6 for the personal services of another person which are rendered 7 to a candidate or political committee for any such purpose. 8 Sec. ___. Section 68A.102, subsection 10, paragraph a, Code 9 2020, is amended by adding the following new subparagraph: 10 NEW SUBPARAGRAPH . (3) A coordinated expenditure if the 11 expenditure must be reported pursuant to subchapter IV. 12 Sec. ___. Section 68A.102, subsections 14 and 18, Code 2020, 13 are amended to read as follows: 14 14. a. “Express advocacy” or to “expressly advocate” means 15 communication that can be characterized according to at least 16 one of the following descriptions: 17 a. (1) The communication is political speech made in the 18 form of a contribution. 19 b. (2) In advocating the election or defeat of one or more 20 clearly identified candidates or the passage or defeat of one 21 or more clearly identified ballot issues, the communication 22 includes explicit words that unambiguously indicate that the 23 communication is recommending or supporting a particular 24 outcome in the election with regard to any clearly identified 25 candidate or ballot issue. 26 b. “Express advocacy” or “expressly advocate” does not mean 27 a communication that can be characterized according to one or 28 more of the following descriptions: 29 (1) The communication encourages individuals to register 30 to vote or to vote, provided that the communication does not 31 mention or depict a candidate or ballot issue. 32 (2) The communication does not support or oppose a candidate 33 or ballot issue. 34 (3) The communication is a bona fide news story, commentary, 35 -5- H8276.4429 (2) 88 ns/tm 5/ 13

blog, or editorial distributed through the facilities of any 1 broadcasting station, newspaper, magazine, internet site, or 2 other periodical publication of general circulation. 3 (4) The communication is by a membership organization or 4 corporation to its members, stockholders, or employees. 5 (5) The board determines by rule that the communication is 6 not express advocacy. 7 18. “Political committee” means any of the following: 8 a. A committee, but not a candidate’s committee, that 9 accepts contributions in excess of one thousand two hundred 10 fifty dollars in the aggregate, makes expenditures in excess 11 of one thousand two hundred fifty dollars in the aggregate, or 12 incurs indebtedness in excess of one thousand two hundred fifty 13 dollars in the aggregate in any one calendar year to expressly 14 advocate the nomination, election, or defeat of a candidate 15 for public office, make an electioneering communication, or to 16 expressly advocate the passage or defeat of a ballot issue. 17 b. An association, lodge, society, cooperative, union, 18 fraternity, sorority, educational institution, civic 19 organization, labor organization, religious organization, or 20 professional organization that accepts contributions in excess 21 of one thousand two hundred fifty dollars in the aggregate, 22 makes expenditures in excess of one thousand two hundred fifty 23 dollars in the aggregate, or incurs indebtedness in excess of 24 one thousand two hundred fifty dollars in the aggregate in 25 any one calendar year to expressly advocate the nomination, 26 election, or defeat of a candidate for public office, make an 27 electioneering communication, or to expressly advocate the 28 passage or defeat of a ballot issue. 29 c. A person, other than an individual, that accepts 30 contributions in excess of one thousand two hundred fifty 31 dollars in the aggregate, makes expenditures in excess of 32 one thousand two hundred fifty dollars in the aggregate, or 33 incurs indebtedness in excess of one thousand two hundred fifty 34 dollars in the aggregate in any one calendar year to expressly 35 -6- H8276.4429 (2) 88 ns/tm 6/ 13

advocate that an individual should or should not seek election 1 to a public office prior to the individual becoming a candidate 2 as defined in subsection 4 . 3 Sec. ___. Section 68A.102, Code 2020, is amended by adding 4 the following new subsections: 5 NEW SUBSECTION . 8A. “Communication” means any of the 6 following: 7 a. A paid advertisement broadcast over radio, television, 8 cable, or satellite. 9 b. The paid placement of content on the internet or other 10 electronic communication network. 11 c. A paid advertisement published in a newspaper or 12 periodical or on a billboard. 13 d. A mailing. 14 e. A printed material. 15 NEW SUBSECTION . 10A. “Coordinated expenditure” means 16 an expenditure made in cooperation with, in consultation 17 with, at the request of, or with the express prior consent 18 of a candidate or committee receiving the benefit of the 19 expenditure. 20 NEW SUBSECTION . 13A. a. “Electioneering communication” 21 means a paid communication that is publicly distributed by 22 radio, television, cable, satellite, internet site, newspaper, 23 periodical, billboard, mail, electronic mail, or any other 24 distribution of materials, that is made within sixty days of 25 the initiation of voting in an election that does not support 26 or oppose a candidate or ballot issue, that can be received 27 by more than one hundred persons, and that does any of the 28 following: 29 (1) Refers to one or more clearly identified candidates in 30 that election. 31 (2) Depicts the name, image, likeness, or voice of a clearly 32 identified candidate in that election. 33 (3) Refers to a political party, ballot issue, or a question 34 submitted to the voters in that election. 35 -7- H8276.4429 (2) 88 ns/tm 7/ 13

b. “Electioneering communication” does not include any of 1 the following: 2 (1) A bona fide news story, commentary, blog, or editorial 3 distributed through the facilities of any broadcasting station, 4 newspaper, magazine, internet site, or other periodical 5 publication of general circulation. 6 (2) A communication by a membership organization or 7 corporation to its members, stockholders, or employees. 8 (3) A commercial communication that depicts a candidate’s 9 name, image, likeness, or voice only in the candidate’s 10 capacity as owner, operator, or employee of a business that 11 existed prior to the organization of a candidate’s committee by 12 the candidate pursuant to section 68A.202. 13 (4) A communication that constitutes a candidate debate or 14 forum or that solely promotes a candidate debate or forum and 15 is made by or on behalf of the person sponsoring the debate or 16 forum. 17 (5) A communication that the board determines by rule is not 18 an electioneering communication. 19 Sec. ___. Section 68A.402, subsection 9, Code 2020, is 20 amended to read as follows: 21 9. a. Permanent organizations. A permanent organization 22 temporarily engaging in activity described in section 68A.102, 23 subsection 18 , shall organize a political committee and shall 24 keep the funds relating to that political activity segregated 25 from its operating funds. The political committee shall file 26 reports on the appropriate due dates as required by this 27 section . 28 b. The reports filed under this subsection shall identify 29 the all of the following: 30 (1) The source of the original funds used for a contribution 31 made to a candidate or a committee organized under this 32 chapter . 33 (2) The aggregate amount of contributions made by each 34 person. 35 -8- H8276.4429 (2) 88 ns/tm 8/ 13

(3) Each loan received from any person during the reporting 1 period. 2 (4) The amount and nature of debts and obligations owed to 3 the committee. 4 (5) Proceeds that total less than thirty-five dollars 5 per person from mass collections made at fund-raising events 6 sponsored by the committee. 7 (6) The total sum of contributions received by the committee 8 for a specified candidate or committee. 9 (7) The full name, mailing address, occupation, and 10 principal place of business, if any, of each person or 11 committee to whom an expenditure has been made during the 12 reporting period, including the amount, date, and purpose of 13 each expenditure and the total amount of expenditures to each 14 person or committee. 15 (8) The full name, mailing address, occupation, and 16 principal place of business, if any, of each person to whom an 17 expenditure for personal services, salaries, and reimbursement 18 of expenses has been made, including the amount, date, 19 and purpose of that expenditure, and the total amount of 20 expenditures made to each person. 21 (9) The total sum of expenditures made during the reporting 22 period. 23 (10) The full name, mailing address, occupation, and 24 principal place of business, if any, of any person to whom a 25 loan was made, and the full name, mailing address, occupation, 26 and principal place of business, if any, of any endorsers, and 27 the date and amount of each loan. 28 (11) The amount and nature of debts and obligations owed by 29 the committee. 30 (12) Other information as may be required by the board by 31 rule. 32 (13) For reports of expenditures made to a consultant, 33 advertising agency, polling firm, or other person that performs 34 services for the committee, the report shall be itemized 35 -9- H8276.4429 (2) 88 ns/tm 9/ 13

and described in sufficient detail to disclose the specific 1 services performed by the entity. 2 c. When the permanent organization ceases to be involved 3 in the political activity, the permanent organization shall 4 dissolve the political committee. 5 d. As used in this subsection , “permanent organization” 6 means an organization that is continuing, stable, and enduring, 7 and was originally organized for purposes other than engaging 8 in election activities. 9 Sec. ___. Section 68A.402A, subsection 1, paragraphs f and 10 g, Code 2020, are amended to read as follows: 11 f. The name and mailing address of each person and committee 12 to whom disbursements , payments for personal services, 13 salaries, reimbursement for expenses, or loan repayments 14 have been made by the committee from contributions during 15 the reporting period and the amount, purpose, and date of 16 each disbursement except that disbursements of less than five 17 dollars may be shown as miscellaneous disbursements so long as 18 the aggregate miscellaneous disbursements to any one person 19 during a calendar year do not exceed one hundred dollars. 20 Reports of disbursements under this paragraph must be itemized 21 and sufficiently detailed to disclose the specific services 22 performed by the person to whom a disbursement was made. 23 g. Disbursements made to a consultant , advertising agency, 24 or polling firm and disbursements made by the consultant , 25 advertising agency, or polling firm during the reporting 26 period disclosing the name and address of the recipient, 27 amount, purpose, and date. Reports of disbursements under 28 this paragraph must be itemized and sufficiently detailed to 29 disclose the specific services performed by the entity to whom 30 a disbursement was made. 31 Sec. ___. Section 68A.402A, subsection 1, Code 2020, is 32 amended by adding the following new paragraph: 33 NEW PARAGRAPH . l. The total sum of disbursements made. 34 Sec. ___. NEW SECTION . 68A.404A Electioneering 35 -10- H8276.4429 (2) 88 ns/tm 10/ 13

communications —— reports. 1 1. A person making an electioneering communication shall 2 file a report with the board, including a description of the 3 communication, how the communication was distributed, and 4 the amount of any expenditure made on the electioneering 5 communication, except that a person spending less than two 6 hundred fifty dollars on electioneering communications in a 7 taxable year shall not be required to file a report. 8 2. The board shall adopt rules for the form and schedule of 9 reports filed under this section. 10 Sec. ___. Section 68A.405, subsection 1, paragraphs b, c, d, 11 e, f, g, and h, Code 2020, are amended to read as follows: 12 b. (1) Except as set out in subsection 2 , published 13 material designed to expressly advocate the nomination, 14 election, or defeat of a candidate for public office or 15 the passage or defeat of a ballot issue and electioneering 16 communications shall include on the published material 17 or electioneering communication an attribution statement 18 disclosing who is responsible for the published material or 19 electioneering communication . 20 (2) The person who is responsible for the published material 21 or electioneering communication has the sole responsibility 22 and liability for the attribution statement required by this 23 section. 24 c. If the person paying for the published material or 25 electioneering communication is an individual, the words “paid 26 for by” and the name and address of the person shall appear on 27 the published material or electioneering communication . 28 d. If more than one individual is responsible, the words 29 “paid for by”, the names of the individuals, and either 30 the addresses of the individuals or a statement that the 31 addresses of the individuals are on file with the Iowa ethics 32 and campaign disclosure board shall appear on the published 33 material or electioneering communication . 34 e. If the person responsible is an organization, the words 35 -11- H8276.4429 (2) 88 ns/tm 11/ 13

“paid for by”, the name and address of the organization, and 1 the name of one officer of the organization shall appear on the 2 published material or electioneering communication . 3 f. If the person responsible is a corporation, the words 4 “paid for by”, the name and address of the corporation, and the 5 name and title of the corporation’s chief executive officer 6 shall appear on the published material or electioneering 7 communication . 8 g. If the person responsible is a committee that has filed 9 a statement of organization pursuant to section 68A.201 , the 10 words “paid for by” and the name of the committee shall appear 11 on the published material or electioneering communication . 12 h. If the published material or electioneering communication 13 is the result of an independent expenditure subject to section 14 68A.404 , the published material or electioneering communication 15 shall include a statement that the published material or 16 electioneering communication was not authorized by any 17 candidate, candidate’s committee, or ballot issue committee. 18 Sec. ___. Section 68A.405, subsection 2, paragraph d, Code 19 2020, is amended to read as follows: 20 d. Any published material or electioneering communication 21 that is subject to federal regulations regarding an attribution 22 requirement. 23 Sec. ___. Section 68A.405, subsection 4, Code 2020, is 24 amended to read as follows: 25 4. The board shall adopt rules relating to the placing of an 26 attribution statement on published materials and electioneering 27 communication . 28 DIVISION ___ 29 TEST IOWA PROGRAM STANDARDS 30 Sec. ___. TEST IOWA PROGRAM STANDARDS. If the performance 31 goals and standards set forth under any test Iowa program 32 contract or agreement are not met by a private entity that is a 33 party to the contract or agreement, the contract or agreement 34 is immediately voided and any unexpended moneys shall be 35 -12- H8276.4429 (2) 88 ns/tm 12/ 13