SSB 3068 (LSB 5239DP (8) 83)

SENATE/HOUSE FILE _____

BY  (PROPOSED ETHICS AND CAMPAIGN DISCLOSURE BOARD BILL)

A BILL FOR

An Act relating to campaign finance requirements and reporting.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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