House Study Bill 612 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED ETHICS AND
                                            CAMPAIGN DISCLOSURE
                                            BOARD BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to campaign finance procedures and requirements
  2    and providing an effective date.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5459DP 82
  5 jr/rj/14

PAG LIN



  1  1    Section 1.  Section 68A.101, Code 2007, is amended to read
  1  2 as follows:
  1  3    68A.101  CITATION AND ADMINISTRATION.
  1  4    This chapter may be cited as the "Campaign Disclosure ==
  1  5 Income Tax Checkoff Act".
  1  6    This chapter shall be administered by the Iowa ethics and
  1  7 campaign disclosure board as provided in sections 68B.32,
  1  8 68B.32A, 68B.32B, 68B.32C, and 68B.32D.
  1  9    Sec. 2.  Section 68A.201, subsection 5, Code Supplement
  1 10 2007, is amended by striking the subsection.
  1 11    Sec. 3.  NEW SECTION.  68A.201A  FILING BY OUT=OF=STATE AND
  1 12 FEDERAL COMMITTEES.
  1 13    1.  When either a committee or organization not organized
  1 14 as a committee under section 68A.201 makes a contribution to a
  1 15 committee organized in Iowa, that committee or organization
  1 16 shall disclose each contribution in excess of fifty dollars to
  1 17 the board.
  1 18    2.  A committee or organization not organized as a
  1 19 committee under section 68A.201 that is not registered and
  1 20 filing full disclosure reports of all financial activities
  1 21 with the federal election commission or another state's
  1 22 disclosure commission shall register and file full disclosure
  1 23 reports with the board pursuant to this chapter.  The
  1 24 committee or organization shall either appoint an eligible
  1 25 Iowa elector as committee or organization treasurer, or shall
  1 26 maintain all committee funds in an account in a financial
  1 27 institution located in Iowa.
  1 28    3.  A committee that is currently filing a disclosure
  1 29 report in another jurisdiction shall either file a statement
  1 30 of organization under section 68A.201, subsections 1 and 2,
  1 31 and file disclosure reports under section 68A.402, or shall
  1 32 file one copy of a verified statement with the board within
  1 33 fifteen days of the contribution being made.
  1 34    4.  The verified statement shall be on forms prescribed by
  1 35 the board and shall attest that the committee is filing
  2  1 reports with the federal election commission or in a
  2  2 jurisdiction with reporting requirements which are
  2  3 substantially similar to those of this chapter, and that the
  2  4 contribution is made from an account that does not accept
  2  5 contributions that would be in violation of section 68A.503.
  2  6    5.  The verified statement shall include the complete name,
  2  7 address, and telephone number of the contributing committee,
  2  8 the state or federal jurisdiction under which it is registered
  2  9 or operates, the identification of any parent entity or other
  2 10 affiliates or sponsors, its purpose, the name and address of
  2 11 an Iowa resident authorized to receive service of original
  2 12 notice, the name and address of the receiving committee, the
  2 13 amount of the cash or in=kind contribution, and the date the
  2 14 contribution was made.
  2 15    Sec. 4.  Section 68A.303, subsection 6, Code 2007, is
  2 16 amended to read as follows:
  2 17    6.  An individual or a political committee A person shall
  2 18 not knowingly make transfers or contributions to a candidate
  2 19 or candidate's committee for the purpose of transferring the
  2 20 funds to another candidate or candidate's committee to avoid
  2 21 the disclosure of the source of the funds pursuant to this
  2 22 chapter.  A candidate or candidate's committee shall not
  2 23 knowingly accept transfers or contributions from an individual
  2 24 or political committee any person for the purpose of
  2 25 transferring funds to another candidate or candidate's
  2 26 committee as prohibited by this subsection.  A candidate or
  2 27 candidate's committee shall not accept transfers or
  2 28 contributions which have been transferred to another candidate
  2 29 or candidate's committee as prohibited by this subsection.
  2 30 The board shall notify candidates of the prohibition of such
  2 31 transfers and contributions under this subsection.
  2 32    Sec. 5.  Section 68A.402, subsection 1, Code Supplement
  2 33 2007, is amended to read as follows:
  2 34    1.  FILING METHODS.  Each committee shall file with the
  2 35 board reports disclosing information required under this
  3  1 section on forms prescribed by rule.  Reports shall be filed
  3  2 on or before the required due dates by using any of the
  3  3 following methods:  mail bearing a United States postal
  3  4 service postmark, hand=delivery, facsimile transmission,
  3  5 electronic mail attachment, or electronic filing as prescribed
  3  6 by rule.  Any report that is required to be filed five days or
  3  7 less prior to an election must be physically received by the
  3  8 board to be considered timely filed.  For purposes of this
  3  9 section, "physically received" means the report is either
  3 10 electronically filed using the board's electronic filing
  3 11 system or is received by the board prior to 4:30 p.m. on the
  3 12 report due date.
  3 13    Sec. 6.  Section 68A.402A, subsection 1, paragraph g, Code
  3 14 2007, is amended to read as follows:
  3 15    g.  Disbursements made to a consultant, subvendor, or other
  3 16 third party and disbursements made by the consultant,
  3 17 subvendor, or other third party during the reporting period
  3 18 disclosing the name and address of the recipient, amount,
  3 19 purpose, and date.  As used in this paragraph, "subvendor"
  3 20 means a third party who makes an expenditure on behalf of a
  3 21 candidate or a committee.
  3 22    Sec. 7.  Section 68A.404, subsection 2, paragraph a, Code
  3 23 2007, is amended to read as follows:
  3 24    a.  The requirement to file an independent expenditure
  3 25 statement under this section does not by itself mean that the
  3 26 person filing the independent expenditure statement is
  3 27 required to register and file reports under sections 68A.201,
  3 28 68A.201A, and 68A.402.
  3 29    Sec. 8.  EFFECTIVE DATE.  The section of this Act amending
  3 30 section 68A.402, being deemed of immediate importance, takes
  3 31 effect upon enactment.
  3 32                           EXPLANATION
  3 33    This bill makes a number of technical changes to Iowa's
  3 34 campaign disclosure law.  The bill moves requirements dealing
  3 35 with required filings by out=of=state and federal committees
  4  1 into its own Code section.
  4  2    The bill amends current restrictions concerning transfer of
  4  3 contributions between candidates or candidate committees.
  4  4 Under current law, an individual or a political committee
  4  5 cannot knowingly make or accept transfers or contributions to
  4  6 a candidate or candidate's committee for the purpose of
  4  7 transferring the funds to another candidate or candidate's
  4  8 committee to avoid the disclosure of the source of the funds.
  4  9 The bill substitutes the term "person" in lieu of the phrase
  4 10 "individual or a political committee".
  4 11    The bill also revises a provision relating to the physical
  4 12 receipt of reports that must be filed five days before the
  4 13 election; that change establishes that physical receipt of the
  4 14 report is required for any reports required to be filed less
  4 15 than five days before the election.  This provision is made
  4 16 effective upon enactment.
  4 17    The bill expands disbursement reporting requirements
  4 18 relating to consultants to include a subvendor or other third
  4 19 party.
  4 20 LSB 5459DP 82
  4 21 jr/rj/14