Senate Study Bill 3005 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED ETHICS AND CAMPAIGN DISCLOSURE BOARD BILL) A BILL FOR An Act requiring certain campaign finance statements and 1 reports to be filed in an electronic format. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5229DP (6) 83 jr/sc
S.F. _____ H.F. _____ Section 1. Section 68A.201, subsection 5, Code 2009, is 1 amended by striking the subsection. 2 Sec. 2. NEW SECTION . 68A.201A Contributions from federal 3 and out-of-state committees or organizations. 4 1. When either a committee or organization not organized 5 as a committee under section 68A.201 makes a contribution to 6 a committee organized in Iowa, that committee or organization 7 shall disclose each contribution in excess of fifty dollars to 8 the board. 9 2. A committee or organization not organized as a committee 10 under section 68A.201 that is not registered and filing full 11 disclosure reports of all financial activities with the federal 12 election commission or another state’s disclosure commission 13 shall register and file full disclosure reports with the board 14 pursuant to this chapter. The committee or organization 15 shall either appoint an eligible Iowa elector as committee or 16 organization treasurer, or shall maintain all committee funds 17 in an account in a financial institution located in Iowa. 18 3. A committee that is currently filing a disclosure report 19 in another jurisdiction shall either file a statement of 20 organization under section 68A.201 and file disclosure reports 21 under section 68A.402, or shall file a verified statement with 22 the board within fifteen days of the contribution being made. 23 4. The verified statement shall be on forms prescribed by 24 the board and shall attest that the committee is filing reports 25 with the federal election commission or in a jurisdiction with 26 reporting requirements which are substantially similar to those 27 of this chapter, and that the contribution is made from an 28 account that does not accept contributions that would be in 29 violation of section 68A.503. 30 5. The verified statement shall include the complete name, 31 address, and telephone number of the contributing committee, 32 the state or federal jurisdiction under which it is registered 33 or operates, the identification of any parent entity or other 34 affiliates or sponsors, its purpose, the name and address of an 35 -1- LSB 5229DP (6) 83 jr/sc 1/ 4
S.F. _____ H.F. _____ Iowa resident authorized to receive service of original notice, 1 the name and address of the receiving committee, the amount of 2 the cash or in-kind contribution, and the date the contribution 3 was made. 4 6. Effective January 1, 2011, the verified statement shall 5 be filed in an electronic format by 4:30 p.m.of the day the 6 filing is due. 7 Sec. 3. Section 68A.401, subsection 1, Code Supplement 8 2009, is amended to read as follows: 9 1. All statements and reports required to be filed under 10 this chapter shall be filed with the board as provided in 11 section 68A.402, subsection 1. The board shall post on its 12 internet website all statements and reports filed under this 13 chapter. For purposes of this section, the term “statement” 14 does not include a bank statement. 15 a. A candidate’s committee of a candidate for statewide 16 office or the general assembly shall file all statements and 17 reports in an electronic format by 4:30 p.m.of the day the 18 filing is due and according to rules adopted by the board. 19 Any other candidate or political committee may submit the 20 statements and reports in an electronic format as prescribed 21 by rule. 22 b. Effective January 1, 2011, a county statutory political 23 committee shall file all statements and reports in an 24 electronic format by 4:30 p.m.of the day the filing is due and 25 according to rules adopted by the board. 26 c. Effective January 1, 2011, any other candidate or 27 committee involved in a county, city, school, or other 28 political subdivision election that accepts monetary or in-kind 29 contributions in excess of two thousand dollars, or incurs 30 indebtedness in excess of two thousand dollars in the aggregate 31 in a calendar year, or makes expenditures in excess of two 32 thousand dollars in a calendar year to expressly advocate for 33 or against a clearly identified candidate or ballot issue shall 34 file all statements and reports in an electronic format by 35 -2- LSB 5229DP (6) 83 jr/sc 2/ 4
S.F. _____ H.F. _____ 4:30 p.m.of the day the filing is due and according to rules 1 adopted by the board. The committee shall continue to file 2 subsequent statements and reports in an electronic format until 3 being certified as dissolved under section 68A.402B. 4 d. Any other candidate or political committee not otherwise 5 required to file a statement or report in an electronic format 6 under this section shall file the statements and reports in 7 either an electronic format as prescribed by rule or by one of 8 the methods specified in section 68A.402, subsection 1. 9 b. e. If the board determines that a violation of this 10 subsection has occurred, the board may impose any of the 11 remedies or penalties provided for under section 68B.32D, 12 except that the board shall not refer any complaint or 13 supporting information of a violation of this section to the 14 attorney general or any county attorney for prosecution. 15 EXPLANATION 16 This bill makes changes relating to electronic filing of 17 campaign finance statements and reports. 18 The bill transfers current language codified as Code 19 section 68A.201(5) and recodifies it as a separate Code 20 section, 68A.201A, requiring that contributions in excess of 21 $50 from federal and out-of-state committees or organizations 22 be disclosed to the board. Effective January 1, 2011, the 23 disclosure shall be filed in an electronic format. 24 Under current law, effective January 1, 2010, all statements 25 and reports filed by new committees for state office must 26 be filed electronically. Effective January 1, 2012, all 27 statements and reports filed by all committees for state 28 office must be filed electronically. Commencing May 1, 29 2010, this requirement will also apply to a state statutory 30 political committee and to a political committee expressly 31 advocating for or against the nomination, election, or 32 defeat of a candidate for statewide office or the general 33 assembly. The bill provides that, commencing January 1, 2011, 34 a county statutory political committee and any other candidate 35 -3- LSB 5229DP (6) 83 jr/sc 3/ 4
S.F. _____ H.F. _____ or committee involved in a county, city, school, or other 1 political subdivision election that accepts monetary or in-kind 2 contributions in excess of $2,000 or incurs indebtedness 3 in excess of $2,000 in the aggregate in a calendar year or 4 makes expenditures in excess of $2,000 in a calendar year 5 to expressly advocate for or against a clearly identified 6 candidate or ballot issue shall file all statements and reports 7 in an electronic format until being certified as dissolved. 8 -4- LSB 5229DP (6) 83 jr/sc 4/ 4