Senate File 266 - Introduced
SENATE FILE
BY DANIELSON, APPEL, BEALL, BLACK,
BOLKCOM, CONNOLLY, DEARDEN,
DOTZLER, DVORSKY, FRAISE,
GRONSTAL, HANCOCK, HECKROTH,
HORN, HOUSER, KETTERING, KIBBIE,
McCOY, OLIVE, PUTNEY, QUIRMBACH,
RAGAN, RIELLY, SCHMITZ, SCHOENJAHN,
SENG, SEYMOUR, STEWART, WARNSTADT,
WIECK, and WOOD
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the regulation of contributions for a
2 gubernatorial inauguration and providing a penalty.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2470SS 82
5 jr/cf/24
PAG LIN
1 1 Section 1. NEW SECTION. 68A.305 GUBERNATORIAL
1 2 INAUGURATION CONTRIBUTIONS == PENALTY.
1 3 1. Not later than ten days after receiving any
1 4 contribution or making any expenditure for a gubernatorial
1 5 inauguration, the governor=elect shall appoint an inaugural
1 6 treasurer. The name and address of the treasurer shall be
1 7 reported to the ethics and campaign disclosure board by the
1 8 governor=elect not later than ten days after the appointment.
1 9 2. A person shall not make an expenditure or make or
1 10 receive a contribution, in kind or otherwise, for a
1 11 gubernatorial inauguration except by or through the inaugural
1 12 treasurer.
1 13 3. The inaugural treasurer shall keep detailed accounts of
1 14 all contributions received, in kind or otherwise, and all
1 15 expenditures made for a gubernatorial inauguration. Accounts
1 16 of the treasurer may be inspected under conditions determined
1 17 by the board and shall be preserved for a period to be
1 18 designated by the board. A person who receives a
1 19 contribution, in kind or otherwise, for an inaugural treasurer
1 20 more than five days before the ending date of any period for
1 21 which a report is required under this section, on demand of
1 22 the inaugural treasurer, or in any event on or before the
1 23 ending date of the reporting period, shall remit the same and
1 24 render to the inaugural treasurer an account of the
1 25 contribution, including the name and address of the donor, if
1 26 known, and the date received. A contribution received by the
1 27 inaugural treasurer shall not be commingled with personal
1 28 funds of the governor=elect or inaugural treasurer.
1 29 4. The inaugural treasurer shall file with the board a
1 30 report on March 15 and May 15 following the inauguration. The
1 31 report filed on March 15 shall be for the period ending on
1 32 March 14 and the report filed on May 15 shall be for the
1 33 period beginning on March 15 and ending on May 14. Each
1 34 report shall contain the following information:
1 35 a. The amount of cash on hand at the beginning of the
2 1 reporting period.
2 2 b. The name and mailing address of each person who has
2 3 made one or more contributions of money when the aggregate
2 4 amount in a calendar year exceeds two hundred dollars.
2 5 c. The total amount of contributions made during the
2 6 reporting period and not reported under paragraph "b".
2 7 d. The name and mailing address of each person who has
2 8 made one or more in=kind contributions when the aggregate
2 9 market value of the in=kind contributions in a calendar year
2 10 exceeds the applicable amount specified in paragraph "b".
2 11 In=kind contributions shall be designated on a separate
2 12 schedule from schedules showing contributions of money and
2 13 shall identify the nature of the contribution and provide its
2 14 estimated fair market value.
2 15 e. The name and mailing address of each person to whom
2 16 disbursements or loan repayments have been made from
2 17 contributions during the reporting period and the amount,
2 18 purpose, and date of each disbursement except that
2 19 disbursements of less than five dollars may be shown as
2 20 miscellaneous disbursements so long as the aggregate
2 21 miscellaneous disbursements to any one person during a
2 22 calendar year do not exceed one hundred dollars.
2 23 f. The amount and nature of debts and obligations in
2 24 excess of the applicable amount specified in paragraph "b".
2 25 Loans reported under paragraph "e" shall not be considered a
2 26 debt or obligation under this paragraph. A loan made to any
2 27 person by the inaugural treasurer shall be considered a
2 28 disbursement.
2 29 g. Other pertinent information required by this section,
2 30 by rules adopted pursuant to this section, or forms prescribed
2 31 by the board.
2 32 5. The aggregate amount contributed, in kind or otherwise,
2 33 by a person for a gubernatorial inauguration shall not exceed
2 34 twenty=five thousand dollars. A person shall not make a
2 35 contribution in the name of another person, and a person
3 1 knowingly shall not accept a contribution made by one person
3 2 in the name of another. A person shall not give or accept a
3 3 contribution in excess of twenty=five dollars unless the name
3 4 and address of the contributor is made known to the individual
3 5 receiving the contribution. The aggregate of contributions
3 6 for which the name and address of the contributor is not known
3 7 shall not exceed fifty percent of the amount one person may
3 8 contribute.
3 9 6. A person shall not copy a name of a contributor from a
3 10 report filed under this section or use such name for a
3 11 commercial purpose. A person shall not use a name for a
3 12 commercial purpose with knowledge that such name was obtained
3 13 solely by copying information relating to contributions
3 14 contained in a report filed under this section.
3 15 7. In addition to other reports required by this section,
3 16 the inaugural treasurer shall report the amount and nature of
3 17 debts and obligations owed for the gubernatorial inauguration,
3 18 at times prescribed by the board, continuing until such debts
3 19 and obligations are fully paid or discharged.
3 20 8. Moneys received by an inaugural treasurer shall not be
3 21 used or made available for the personal use of the
3 22 governor=elect or governor and such moneys shall not be used
3 23 by such governor=elect or governor except for legitimate
3 24 gubernatorial inauguration expenses. For the purpose of this
3 25 subsection, "personal use" includes any use to defray normal
3 26 living expenses and any use for personal benefit having no
3 27 direct connection with or effect upon the inauguration.
3 28 9. Before the filing of a termination report in accordance
3 29 with this section, all residual funds not otherwise obligated
3 30 for the payment of expenses incurred for the gubernatorial
3 31 inauguration shall be donated to a charitable organization as
3 32 described in section 501(c)(3) of the Internal Revenue Code
3 33 that is exempt from taxation under section 501(a) of the
3 34 Internal Revenue Code or an organization that is established
3 35 for a charitable purpose.
4 1 10. The board shall send a notice by certified or
4 2 restricted certified mail to an inaugural treasurer who fails
4 3 to file a report required by this section within the time
4 4 period prescribed. The notice shall state that the inaugural
4 5 treasurer has fifteen days from the date such notice is sent
4 6 to comply with the reporting requirements before a penalty is
4 7 imposed under section 68B.32D.
4 8 EXPLANATION
4 9 This bill requires that all contributions made for
4 10 gubernatorial inaugurations be administered by an inaugural
4 11 treasurer. The bill contains reporting requirements including
4 12 the identification of any donor contributing more than $200 in
4 13 a calendar year of either cash or in=kind contributions.
4 14 Individual contributions are capped at $25,000. Any residual
4 15 funds must be donated to a charity.
4 16 Failure to comply with the reporting requirements of the
4 17 bill may result in a penalty as outlined in Code section
4 18 68B.32D. This section sets out a variety of civil penalties,
4 19 ranging from a reprimand to a civil penalty of not more than
4 20 $2,000. Willful violations of this bill are punishable under
4 21 Code section 68A.701 as a serious misdemeanor, which carries a
4 22 penalty of a fine of $315 to $1,875, and may also include a
4 23 sentence of up to one year in jail.
4 24 LSB 2470SS 82
4 25 jr:rj/cf/24