Senate
Study
Bill
3068
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
ETHICS
AND
CAMPAIGN
DISCLOSURE
BOARD
BILL)
A
BILL
FOR
An
Act
relating
to
campaign
finance
requirements
and
reporting.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
TLSB
5239DP
(8)
83
jr/sc
S.F.
_____
H.F.
_____
Section
1.
Section
68A.102,
subsection
18,
unnumbered
1
paragraph
1,
Code
2009,
is
amended
to
read
as
follows:
2
“Political
committee”
means
either
any
of
the
following:
3
Sec.
2.
Section
68A.102,
subsection
18,
Code
2009,
is
4
amended
by
adding
the
following
new
paragraph:
5
NEW
PARAGRAPH
.
c.
A
person,
other
than
an
individual,
6
that
accepts
contributions
in
excess
of
seven
hundred
fifty
7
dollars
in
the
aggregate,
makes
expenditures
in
excess
of
seven
8
hundred
fifty
dollars
in
the
aggregate,
or
incurs
indebtedness
9
in
excess
of
seven
hundred
fifty
dollars
in
the
aggregate
in
10
any
one
calendar
year
to
expressly
advocate
that
an
individual
11
should
or
should
not
seek
election
to
a
public
office
prior
12
to
the
individual
becoming
a
candidate
as
defined
in
section
13
68A.102,
subsection
4.
14
Sec.
3.
Section
68A.202,
subsection
2,
Code
2009,
is
amended
15
to
read
as
follows:
16
2.
a.
A
political
committee
shall
not
be
established
to
17
expressly
advocate
the
nomination,
election,
or
defeat
of
only
18
one
candidate
for
office.
However,
a
political
committee
may
19
be
established
to
expressly
advocate
the
passage
or
defeat
of
20
approval
of
a
single
judge
standing
for
retention.
A
permanent
21
organization,
as
defined
in
section
68A.402,
subsection
9,
may
22
make
a
one-time
contribution
to
only
one
candidate
for
office
23
in
excess
of
seven
hundred
fifty
dollars.
24
b.
The
prohibition
in
paragraph
“a”
does
not
apply
to
a
25
political
committee
described
in
section
68A.102,
subsection
26
18,
paragraph
“c”
,
until
the
individual
becomes
a
candidate
for
27
public
office.
A
political
committee
organized
to
expressly
28
advocate
that
an
individual
should
or
should
not
seek
election
29
to
a
public
office
prior
to
the
individual
becoming
a
candidate
30
for
public
office
shall
be
dissolved
when
the
individual
31
becomes
a
candidate
for
public
office.
32
Sec.
4.
Section
68A.304,
Code
2009,
is
amended
by
adding
the
33
following
new
subsection:
34
NEW
SUBSECTION
.
4.
The
board
shall
adopt
rules
pursuant
to
35
-1-
LSB
5239DP
(8)
83
jr/sc
1/
4
S.F.
_____
H.F.
_____
chapter
17A
defining
“fair
market
value”
for
purposes
of
this
1
section.
2
Sec.
5.
Section
68A.402,
subsection
3,
Code
Supplement
3
2009,
is
amended
by
adding
the
following
new
paragraph:
4
NEW
PARAGRAPH
.
c.
Only
a
candidate
who
is
eligible
to
5
participate
in
a
runoff
election
is
required
to
file
a
report
6
five
days
before
the
runoff
election.
7
Sec.
6.
Section
68A.402,
subsection
9,
Code
Supplement
8
2009,
is
amended
to
read
as
follows:
9
9.
Permanent
organizations.
A
permanent
organization
10
temporarily
engaging
in
activity
described
in
section
68A.102,
11
subsection
18,
shall
organize
a
political
committee
and
12
shall
keep
the
funds
relating
to
that
political
activity
13
segregated
from
its
operating
funds.
The
political
committee
14
shall
file
reports
on
the
appropriate
due
dates
as
required
15
by
this
section.
The
reports
filed
under
this
subsection
16
shall
identify
the
source
of
the
original
funds
used
17
for
a
contribution
made
to
a
candidate
or
a
candidate’s
18
committee
committee
organized
under
this
chapter
.
When
the
19
permanent
organization
ceases
to
be
involved
in
the
political
20
activity,
the
permanent
organization
shall
dissolve
the
21
political
committee.
As
used
in
this
subsection,
“permanent
22
organization”
means
an
organization
that
is
continuing,
stable,
23
and
enduring,
and
was
originally
organized
for
purposes
other
24
than
engaging
in
election
activities.
25
Sec.
7.
Section
68A.405,
subsection
2,
paragraph
b,
Code
26
Supplement
2009,
is
amended
to
read
as
follows:
27
b.
Small
items
upon
which
the
inclusion
of
the
statement
28
is
impracticable
including
,
but
not
limited
to
,
campaign
signs
29
as
provided
in
section
68A.406,
subsection
3
,
bumper
stickers,
30
pins,
buttons,
pens,
political
business
cards,
and
matchbooks.
31
Sec.
8.
Section
68A.503,
subsection
2,
paragraph
d,
Code
32
Supplement
2009,
is
amended
to
read
as
follows:
33
d.
The
board
shall
adopt
rules
prohibiting
the
owner,
34
publisher,
or
editor
of
a
sham
newspaper
from
using
the
35
-2-
LSB
5239DP
(8)
83
jr/sc
2/
4
S.F.
_____
H.F.
_____
sham
newspaper
to
promote
in
any
way
the
candidacy
of
such
1
a
any
person
for
any
public
office.
As
used
in
this
paragraph,
2
“sham
newspaper”
means
a
newspaper
that
does
not
meet
the
3
requirements
set
forth
in
section
618.3
and
“owner”
means
a
4
person
having
an
ownership
interest
exceeding
ten
percent
of
5
the
equity
or
profits
of
the
newspaper.
6
EXPLANATION
7
This
bill
makes
a
number
of
changes
to
Code
chapter
68A
8
relating
to
campaign
finance
requirements
and
reporting.
9
The
bill
revises
the
definition
of
“political
committee”
to
10
include
any
corporation,
government
or
governmental
subdivision
11
or
agency,
business
trust,
estate,
trust,
partnership
12
or
association,
labor
union,
or
any
other
legal
entity
13
which
accepts
contributions,
makes
expenditures,
or
incurs
14
indebtedness
in
excess
of
$750
in
any
one
calendar
year,
to
15
expressly
advocate
that
an
individual
should
or
should
not
seek
16
election
to
a
public
office
prior
to
the
individual
becoming
a
17
candidate.
18
Code
section
68A.202,
subsection
2,
currently
provides
that
19
a
PAC
cannot
expressly
advocate
the
nomination,
election,
or
20
defeat
of
only
one
candidate
for
office,
but
a
PAC
may
be
21
established
to
expressly
advocate
the
passage
or
defeat
of
22
approval
of
a
single
judge
standing
for
retention.
The
bill
23
amends
this
section
to
apply
the
prohibition
against
advocacy
24
only
to
actual
candidates
for
election
as
defined
in
Code
25
section
68A.102.
26
The
bill
provides
the
ethics
and
campaign
finance
disclosure
27
board
with
rulemaking
authority
to
define
the
term
“fair
market
28
value”
as
that
term
relates
to
the
disposition
of
campaign
29
property.
30
The
bill
provides
that
only
a
candidate
actually
31
participating
in
a
runoff
election
is
required
to
file
a
report
32
five
days
before
the
runoff
election.
33
Code
section
68A.402
in
part
requires
that
permanent
34
organizations
temporarily
engaging
in
certain
political
35
-3-
LSB
5239DP
(8)
83
jr/sc
3/
4
S.F.
_____
H.F.
_____
activity
shall
organize
a
political
committee.
The
bill
1
provides
that
contributions
to
any
committee
constitutes
2
political
activity
and
must
be
reported.
3
Code
section
68A.503
prohibits
the
owner,
publisher,
or
4
editor
of
a
sham
newspaper
from
using
the
sham
newspaper
to
5
promote
that
person’s
own
candidacy
for
public
office.
The
6
bill
extends
that
prohibition
to
include
the
candidacy
of
any
7
person.
8
-4-
LSB
5239DP
(8)
83
jr/sc
4/
4