House File 140 - Introduced HOUSE FILE 140 BY ISENHART A BILL FOR An Act imposing a fee on certain campaign contributions and 1 independent expenditures, creating a special fund for these 2 fees, and providing for a penalty. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1079YH (7) 84 jr/rj
H.F. 140 Section 1. NEW SECTION . 68A.702 Fee imposed. 1 1. a. (1) A five percent fee is imposed, payable by 2 the recipient from the recipient’s campaign fund, on all 3 contributions received from a single source, if the aggregate 4 amount received from that source, in any calendar year, exceeds 5 two hundred fifty dollars, and made to a state or county 6 statutory political committee, political committee, candidate, 7 or candidate’s committee. 8 (2) This paragraph “a” does not apply to contributions made 9 between a candidate’s committee and a state or county statutory 10 political committee. 11 b. A five percent fee is imposed on the entire amount of 12 any independent expenditure made by a candidate, candidate’s 13 committee, political committee, or corporation. 14 2. Fees are due and payable upon filing of a disclosure 15 report by a state or county statutory political committee, 16 political committee, or candidate’s committee and upon 17 disclosure of an independent expenditure by a candidate, 18 candidate’s committee, political committee, or corporation. 19 3. a. Funds raised by the fees imposed under this section 20 shall be deposited in the accountable campaigns fund. The 21 accountable campaigns fund is established as a separate fund 22 within the office of the treasurer of state, under the control 23 of the board, for the following purposes: 24 (1) To offset and replace funds appropriated by the general 25 assembly to the board. Any general fund appropriation to the 26 board is automatically reduced by the amounts deposited into 27 the fund. 28 (2) For the general operation of the board. 29 b. The fund shall consist of moneys received pursuant to 30 this section. Notwithstanding section 8.33, unencumbered 31 or unobligated moneys in the fund on June 30 of any fiscal 32 year shall not revert to the general fund of the state but 33 shall remain in the fund and be available for expenditure in 34 subsequent years. Notwithstanding section 12C.7, interest or 35 -1- LSB 1079YH (7) 84 jr/rj 1/ 2
H.F. 140 earnings on moneys in the fund shall be credited to the fund. 1 Sec. 2. Section 68B.32D, subsection 1, paragraph h, Code 2 2011, is amended to read as follows: 3 h. Issue an order requiring the violator to pay a civil 4 penalty of not more than two thousand dollars for each 5 violation of this chapter , chapter 68A , section 8.7 , or 6 rules adopted by the board. To the extent practicable, the 7 board shall by rule create a list of scheduled offenses and 8 penalties. In addition to any applicable penalty, a violator 9 is also responsible for all costs in collecting a penalty that 10 is delinquent. 11 EXPLANATION 12 This bill imposes a 5 percent fee on all contributions 13 received by a state or county statutory political committee, 14 political committee, candidate, or candidate’s committee, 15 from a single source, if the aggregate amount received from 16 that source, in any calendar year, exceeds $250. A 5 percent 17 fee is also imposed on the entire amount of any independent 18 expenditure made by a candidate or candidate’s committee or 19 corporation. 20 Fees are deposited in the accountable campaigns fund. The 21 funds do not revert and are used to replace funds appropriated 22 by the general assembly. 23 The bill requires the board to adopt rules creating a list of 24 scheduled offenses and penalties. In addition to the penalty, 25 a violator is also responsible for all costs in collecting a 26 penalty that is delinquent. 27 -2- LSB 1079YH (7) 84 jr/rj 2/ 2