H.F. 250 Section 1. Section 68A.405, subsection 1, paragraph a, 1 subparagraph (3), Code 2011, is amended to read as follows: 2 (3) “Published material” means any newspaper, magazine, 3 shopper, outdoor advertising facility, poster, direct mailing, 4 brochure, internet website site , campaign sign, or any 5 other form of printed general public political advertising. 6 “Published material” includes television, radio, video, or 7 motion picture advertising. 8 Sec. 2. Section 68A.405, subsection 1, paragraph b, Code 9 2011, is amended to read as follows: 10 b. (1) Except as set out in subsection 2 , published 11 material or automated or live telephone calls designed to 12 expressly advocate the nomination, election, or defeat of 13 a candidate for public office or the passage or defeat of 14 a ballot issue shall include on the published material an 15 attribution statement disclosing who is responsible for the 16 published material. 17 (2) Automated or live telephone calls made by a person 18 or organization for the purpose of gathering information to 19 inform or influence a public election campaign shall include a 20 disclaimer clearly identifying the name of the caller, the name 21 of the person or organization sponsoring the communication, 22 and the name and telephone number of an authorized person 23 responsible for the communication. 24 (2) (3) The person who is responsible for the published 25 material has the sole responsibility and liability for the 26 attribution statement required by this section. 27 Sec. 3. Section 68A.405, subsection 2, paragraph a, Code 28 2011, is amended to read as follows: 29 a. The editorials or news articles of a newspaper, magazine, 30 television or radio station, or other print or electronic media 31 that are not paid political advertisements. 32 Sec. 4. Section 68A.405, subsection 3, Code 2011, is amended 33 to read as follows: 34 3. For television, video, radio, or motion picture 35 -1- LSB 1370HH (5) 84 jr/sc 1/ 4

H.F. 250 advertising, the attribution statement shall be displayed on 1 the screen in a clearly readable manner for at least four 2 seconds. For radio, the attribution statement shall be read 3 at the conclusion of the advertisement at a volume and with 4 enunciation to make the statement easily understandable. 5 Sec. 5. NEW SECTION . 68A.407 Certain communications 6 provided to the board. 7 1. Any communication intended for audio or video broadcast, 8 cable or internet transmission, or any automated or live 9 telephone call that is made to influence a public election, 10 and paid for as a direct, in-kind or independent expenditure 11 by a person, a candidate, or political committee, shall be 12 supplied to the board in an electronic format according to 13 specifications established by the board. 14 2. The communication shall be supplied by noon on the 15 same day that the transmission first occurs or by noon on the 16 previous Friday if the first transmission occurs on a Saturday 17 or Sunday. 18 3. The communication shall be supplied to the board eleven 19 days before the day of the election if the transmission will 20 first occur within eleven days preceding the election. The 21 communication shall be supplied to the board seven days 22 before the day of the election if the communication responds 23 to a communication that will first occur within eleven days 24 preceding the election. The material supplied to the board 25 shall include a specific listing of each radio, television, 26 cable, internet, or other outlet used to transmit the 27 communication, and the total of expenditures associated with 28 the communication. 29 4. An audio or video broadcast, cable or internet 30 transmission, or automated or live telephone call made to 31 influence a public election, and paid for as a direct, in-kind 32 or independent expenditure by a person or by a candidate or 33 political committee may not be made if it has not been supplied 34 to the board as required in this section. 35 -2- LSB 1370HH (5) 84 jr/sc 2/ 4

H.F. 250 5. Any communication supplied to the board which directly or 1 indirectly refers to a vote or position taken by a candidate 2 for public office, or portrays the view of a candidate for 3 office, shall include documentation of that vote, position, or 4 view in a form required by the board. The documentation shall 5 include but not be limited to the date, place, and manner that 6 the candidate cast such vote, took such a position or expressed 7 such views and shall reference a public source of information 8 at which the citation can be verified. In addition, the 9 filing shall include the name, address, telephone number, and 10 electronic mail address of the person who is taking legal 11 responsibility for the truthfulness of the information. 12 6. A communication supplied to the board, and its associated 13 documentation, shall be permanently posted by the board 14 on an internet site accessible by the public in an easily 15 identifiable format as soon as technically and reasonably 16 possible. 17 7. The board may establish reasonable fees to cover the 18 costs associated with implementation of this section, payable 19 by the persons, candidate committees, political committees, or 20 other entities submitting a communication. 21 8. In addition to the penalty set out in section 68A.701, a 22 person who violates this section shall be subject to a civil 23 penalty not to exceed the total amount of the expenditures made 24 to produce and transmit the communication. 25 EXPLANATION 26 This bill regulates audio or video broadcasts, cable or 27 internet transmissions, or automated or live telephone calls 28 which are used in political campaigns. The bill expands 29 current attribution statement requirements to include radio 30 advertisements and automated or live telephone calls. 31 The bill enacts new Code section 68A.407 to require that 32 the contents of a campaign-related audio or video broadcast, 33 cable or internet transmission, or automated or live telephone 34 call must be provided to the ethics and campaign finance 35 -3- LSB 1370HH (5) 84 jr/sc 3/ 4

H.F. 250 disclosure board. The bill sets out specific timelines when 1 these communications must be provided. These communications 2 are prohibited unless they have been supplied to the board as 3 required by the bill. 4 The bill requires that any communication which directly or 5 indirectly refers to a vote, position, or viewpoint taken by a 6 candidate shall include documentation of that vote, position, 7 or viewpoint in a form required by the board. 8 Communications supplied to the board under new Code section 9 68A.407 shall be permanently posted on an internet site 10 accessible by the public. 11 The bill empowers the board to establish reasonable fees 12 to cover the costs associated with implementation of new Code 13 section 68A.407. 14 The bill provides that in addition to the penalty set out in 15 current Code section 68A.701, a person who violates new Code 16 section 68A.407 shall be subject to a civil penalty not to 17 exceed the total amount of the expenditures made to produce and 18 transmit the communication. 19 -4- LSB 1370HH (5) 84 jr/sc 4/ 4