HSB 534 (LSB 5229DP (6) 83)

SENATE/HOUSE FILE _____

BY  (PROPOSED ETHICS AND CAMPAIGN DISCLOSURE BOARD BILL)

A BILL FOR

An Act requiring certain campaign finance statements and reports to be filed in an electronic format.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 68A.201, subsection 5, Code 2009, is amended by striking the subsection.
    Sec. 2.  NEW SECTION.  68A.201A  Contributions from federal and out-of-state committees or organizations.
   1.  When either a committee or organization not organized as a committee under section 68A.201 makes a contribution to a committee organized in Iowa, that committee or organization shall disclose each contribution in excess of fifty dollars to the board.
   2.  A committee or organization not organized as a committee under section 68A.201 that is not registered and filing full disclosure reports of all financial activities with the federal election commission or another state’s disclosure commission shall register and file full disclosure reports with the board pursuant to this chapter. The committee or organization shall either appoint an eligible Iowa elector as committee or organization treasurer, or shall maintain all committee funds in an account in a financial institution located in Iowa.
   3.  A committee that is currently filing a disclosure report in another jurisdiction shall either file a statement of organization under section 68A.201 and file disclosure reports under section 68A.402, or shall file a verified statement with the board within fifteen days of the contribution being made.
   4.  The verified statement shall be on forms prescribed by the board and shall attest that the committee is filing reports with the federal election commission or in a jurisdiction with reporting requirements which are substantially similar to those of this chapter, and that the contribution is made from an account that does not accept contributions that would be in violation of section 68A.503.
   5.  The verified statement shall include the complete name, address, and telephone number of the contributing committee, the state or federal jurisdiction under which it is registered or operates, the identification of any parent entity or other affiliates or sponsors, its purpose, the name and address of an Iowa resident authorized to receive service of original notice, the name and address of the receiving committee, the amount of the cash or in-kind contribution, and the date the contribution was made. 
   6.  Effective January 1, 2011, the verified statement shall be filed in an electronic format by 4:30 p.m. of the day the filing is due.
    Sec. 3.  Section 68A.401, subsection 1, Code Supplement 2009, is amended to read as follows:
   1.  All statements and reports required to be filed under this chapter shall be filed with the board as provided in section 68A.402, subsection 1. The board shall post on its internet website all statements and reports filed under this chapter. For purposes of this section, the term “statement” does not include a bank statement.
   a.  A candidate’s committee of a candidate for statewide office or the general assembly shall file all statements and reports in an electronic format by 4:30 p.m. of the day the filing is due and according to rules adopted by the board. Any other candidate or political committee may submit the statements and reports in an electronic format as prescribed by rule.
   b.  Effective January 1, 2011, a county statutory political committee shall file all statements and reports in an electronic format by 4:30 p.m. of the day the filing is due and according to rules adopted by the board.
   c.  Effective January 1, 2011, any other candidate or committee involved in a county, city, school, or other political subdivision election that accepts monetary or in-kind contributions in excess of two thousand dollars, or incurs indebtedness in excess of two thousand dollars in the aggregate in a calendar year, or makes expenditures in excess of two thousand dollars in a calendar year to expressly advocate for or against a clearly identified candidate or ballot issue shall file all statements and reports in an electronic format by 4:30 p.m. of the day the filing is due and according to rules adopted by the board. The committee shall continue to file subsequent statements and reports in an electronic format until being certified as dissolved under section 68A.402B.
   d.  Any other candidate or political committee not otherwise required to file a statement or report in an electronic format under this section shall file the statements and reports in either an electronic format as prescribed by rule or by one of the methods specified in section 68A.402, subsection 1.
   b.  e.  If the board determines that a violation of this subsection has occurred, the board may impose any of the remedies or penalties provided for under section 68B.32D, except that the board shall not refer any complaint or supporting information of a violation of this section to the attorney general or any county attorney for prosecution.
EXPLANATION
   This bill makes changes relating to electronic filing of campaign finance statements and reports.
   The bill transfers current language codified as Code section 68A.201(5) and recodifies it as a separate Code section, 68A.201A, requiring that contributions in excess of $50 from federal and out-of-state committees or organizations be disclosed to the board. Effective January 1, 2011, the disclosure shall be filed in an electronic format.
   Under current law, effective January 1, 2010, all statements and reports filed by new committees for state office must be filed electronically. Effective January 1, 2012, all statements and reports filed by all committees for state office must be filed electronically. Commencing May 1, 2010, this requirement will also apply to a state statutory political committee and to a political committee expressly advocating for or against the nomination, election, or defeat of a candidate for statewide office or the general assembly. The bill provides that, commencing January 1, 2011, a county statutory political committee and any other candidate or committee involved in a county, city, school, or other political subdivision election that accepts monetary or in-kind contributions in excess of $2,000 or incurs indebtedness in excess of $2,000 in the aggregate in a calendar year or makes expenditures in excess of $2,000 in a calendar year to expressly advocate for or against a clearly identified candidate or ballot issue shall file all statements and reports in an electronic format until being certified as dissolved.