Senate File 482 - Introduced

                                    SENATE FILE       
                                    BY  COMMITTEE ON STATE GOVERNMENT

                                    (SUCCESSOR TO SF 266)

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

                                      A BILL FOR

  1 An Act relating to the regulation of contributions for a
  2    gubernatorial inauguration and providing a penalty.
  4 TLSB 2470SV 82
  5 jr/cf/24


  1  1    Section 1.  NEW SECTION.  68A.305  GUBERNATORIAL
  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 2470SV 82
  4 25 jr:rj/cf/24