Senate Study Bill 1047 



                                       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 express advocacy disseminated through mass
  2    media for campaign finance disclosure purposes.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1234XD 83
  5 jr/rj/8

PAG LIN



  1  1    Section 1.  Section 68A.102, subsection 14, Code 2009, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  c.  A communication that does all of the
  1  4 following:
  1  5    (1)  Is disseminated by radio, television, or print.  For
  1  6 purposes of this paragraph, "print" does not include an
  1  7 individual's internet site unless the site is owned or
  1  8 controlled by a political party, political committee, or
  1  9 candidate.
  1 10    (2)  Refers to a clearly identified candidate for the
  1 11 general assembly or statewide office.
  1 12    (3)  Is made within a period of twenty days before a
  1 13 primary election, special election, or a general election in
  1 14 which the clearly identified candidate is on the ballot.
  1 15    (4)  Costs seven hundred fifty dollars or more to produce
  1 16 and distribute.
  1 17    (5)  Does not appear in a news story, commentary, or
  1 18 editorial distributed through a media organization, unless
  1 19 such organization is owned or controlled by a political party,
  1 20 political committee, or candidate.
  1 21    (6)  Does not constitute a candidate debate or forum
  1 22 conducted pursuant to rules adopted by the board, or that
  1 23 solely promotes such a debate or forum and is made by or on
  1 24 behalf of the person sponsoring the debate or forum.
  1 25    Sec. 2.  Section 68B.32A, subsection 1, Code 2009, is
  1 26 amended to read as follows:
  1 27    1.  Adopt rules pursuant to chapter 17A as necessary to
  1 28 interpret and carry out the purposes of this chapter, chapter
  1 29 68A, and section 8.7, to implement any judicial rulings, and
  1 30 to conduct hearings under sections 68B.32B and 68B.32C and
  1 31 chapter 17A, as necessary to carry out the purposes of this
  1 32 chapter, chapter 68A, and section 8.7.
  1 33                           EXPLANATION
  1 34    Under current law, the term "express advocacy" is defined
  1 35 as political speech made in the form of a contribution or
  2  1 specifically advocates either the election or defeat of a
  2  2 clearly identified candidate, or the passage or defeat of a
  2  3 clearly identified ballot issue.
  2  4    This bill adds a third type of express advocacy.  This new
  2  5 definition of express advocacy is met if all of the following
  2  6 six specified criteria apply to the communication:
  2  7    1.  The communication is disseminated by radio, television,
  2  8 or print.
  2  9    2.  The communication refers to a clearly identified
  2 10 candidate for the general assembly or statewide office.
  2 11    3.  The communication is made within a period of 20 days
  2 12 before a primary election, special election, or a general
  2 13 election in which the clearly identified candidate is on the
  2 14 ballot.
  2 15    4.  The communication costs $750 or more to produce and
  2 16 distribute.
  2 17    5.  The communication does not appear in a news story,
  2 18 commentary, or editorial distributed through a media
  2 19 organization, unless such organization is owned or controlled
  2 20 by a political party, political committee, or candidate.
  2 21    6.  The communication does not constitute a candidate
  2 22 debate or forum conducted pursuant to rules adopted by the
  2 23 board, or that solely promotes such a debate or forum and is
  2 24 made by or on behalf of the person sponsoring the debate or
  2 25 forum.
  2 26    The bill also adds some detail to the current rulemaking
  2 27 authority of the ethics and campaign disclosure board.
  2 28 LSB 1234XD 83
  2 29 jr/rj/8