House File 339 - Introduced HOUSE FILE 339 BY ISENHART A BILL FOR An Act relating to campaign finance and making penalties 1 applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1935YH (3) 84 jr/sc
H.F. 339 Section 1. Section 68A.102, Code 2011, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 014. “Election cycle” includes the first 3 of January in an odd-numbered year to the thirty-first day of 4 December in the following even-numbered year. 5 Sec. 2. Section 68A.401, Code 2011, is amended by adding the 6 following new subsections: 7 NEW SUBSECTION . 5. Any person who is or has been registered 8 with any state or federal government body as a lobbyist or 9 government liaison at any time over the current or previous 10 election cycle, shall be required to file a report of all 11 contributions to Iowa candidate and political committees if 12 the sum of such contributions is seven hundred fifty dollars 13 or more during an election cycle. In addition to other 14 requirements of this section, the report shall identify the 15 individuals or groups that the lobbyist represents. 16 NEW SUBSECTION . 6. Any person engaged to raise funds for 17 a candidate or campaign regulated under Iowa law shall be 18 required to file a report of all contributions received by or 19 on behalf of one or more candidates or campaigns if the sum 20 of such contributions is seven hundred fifty dollars or more 21 in an election cycle. The report shall identify the person 22 making the solicitation, the persons or groups making the 23 contributions, and the candidate or committee receiving the 24 contributions. Cities, counties, school boards, and other 25 public jurisdictions may apply similar reporting requirements 26 for city, county, school board, and other elections, in 27 coordination with the board. 28 NEW SUBSECTION . 7. If a person is or has been party to a 29 contract with the state government or any of its jurisdictions, 30 and that person has or will directly or indirectly receive 31 ten thousand dollars or more of public funds in consideration 32 according to that contract, such person shall report all 33 contributions made to candidates or campaigns regulated under 34 this chapter if the sum of such contributions is seven hundred 35 -1- LSB 1935YH (3) 84 jr/sc 1/ 5
H.F. 339 fifty dollars or more during an election cycle occurring five 1 years before or after the contract was entered into. Cities, 2 counties, school boards, and other public jurisdictions may 3 apply similar reporting requirements for city, county, school 4 board and other public elections, in coordination with the 5 board. 6 Sec. 3. Section 68A.402A, subsection 1, paragraph h, Code 7 2011, is amended to read as follows: 8 h. The amount and nature of debts and obligations owed by 9 the committee in excess of the applicable amounts specified in 10 the schedule in paragraph “b” . Loans made to a committee and 11 reported under paragraph “e” shall not be considered a debt or 12 obligation under this paragraph. A loan made by a committee 13 to any person shall be considered a disbursement. Debts and 14 obligations, whether incurred orally or in writing, shall be 15 listed by the date that the debt or obligation is incurred. 16 Sec. 4. Section 68A.402A, subsection 1, Code 2011, is 17 amended by adding the following new paragraph: 18 NEW PARAGRAPH . 0k. A candidate or committee receiving 19 contributions shall report the occupation and employer of any 20 contributor making contributions of two hundred fifty dollars 21 or more in an election cycle. 22 Sec. 5. Section 68A.402A, Code 2011, is amended by adding 23 the following new subsection: 24 NEW SUBSECTION . 3. The board shall cooperate with local 25 jurisdictions establishing reporting requirements. The board 26 may assess reasonable fees to such jurisdictions for disclosure 27 and reporting services. 28 Sec. 6. Section 68A.404, Code 2011, is amended by adding the 29 following new subsections: 30 NEW SUBSECTION . 1A. The maximum amount an individual can 31 contribute to a person that has made or intends to make an 32 independent expenditure is seven hundred fifty dollars. The 33 maximum amount a corporation can contribute to a person that 34 has made or intends to make an independent expenditure is one 35 -2- LSB 1935YH (3) 84 jr/sc 2/ 5
H.F. 339 thousand five hundred dollars. 1 NEW SUBSECTION . 1B. A person that is not registered and 2 filing full disclosure reports, and who has made one or more 3 independent expenditures totaling seven hundred fifty dollars 4 or more in an election cycle, shall be required to register 5 with the board and, in addition to any other requirements 6 already imposed, file regular reports with the board on the 7 same basis as, and reporting the same information as, other 8 political committees required to register. Such entities shall 9 register within ten days of making or exceeding the expenditure 10 threshold in this subsection. 11 NEW SUBSECTION . 1C. If a candidate or candidate’s committee 12 either directly or indirectly supplies information to a person 13 who has made or subsequently makes an independent expenditure 14 in favor of such candidate, or against such candidate’s 15 opponent, or otherwise to the benefit of the candidate, then 16 the candidate or candidate’s committee shall provide that 17 information to the board. If the information was provided 18 orally, then a recording of the oral delivery of information 19 shall be supplied. The board shall report the information in 20 connection with both the candidate and the person making the 21 expenditure. 22 NEW SUBSECTION . 7A. A person making an independent 23 expenditure for or against a candidate or campaign following 24 the last quarterly reporting deadline before an election shall 25 simultaneously and directly report such independent expenditure 26 to the candidate or campaigns supported or opposed, if such 27 expenditure is required to be reported to the board. 28 Sec. 7. Section 68A.405, Code 2011, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 3A. An attribution statement shall, in 31 addition to other requirements, contain the name of the person 32 who is the largest monetary contributor during the election 33 cycle to the candidate or person paying for the communication. 34 EXPLANATION 35 -3- LSB 1935YH (3) 84 jr/sc 3/ 5
H.F. 339 This bill defines an election cycle to include the first day 1 of January in an odd-numbered year to the 31st day of December 2 in the following even-numbered year. 3 The bill requires lobbyists to report all contributions to 4 Iowa candidate and political committees if the sum of such 5 contributions is $750 and to identify the individuals or groups 6 that the lobbyist represents. 7 The bill requires campaign fund-raisers to file a report 8 of all contributions received by or on behalf of one or more 9 candidates or campaigns if the sum of such contributions is 10 $750 or more in an election cycle. The report shall identify 11 the person making the solicitation, the persons or groups 12 making the contributions, and the candidate or committee 13 receiving the contributions. 14 The bill requires a person who contracts with the state and 15 has or will, directly or indirectly, receive $10,000 or more 16 of public funds in consideration according to that contract, 17 to report all contributions made to candidates or campaigns 18 regulated under Iowa law if the sum of such contributions is 19 $750 or more. 20 The bill requires that campaign debts and obligations be 21 listed on the report by the date that the debt or obligation is 22 incurred. 23 The bill requires that a person or committee receiving 24 contributions shall report the occupation and employer of any 25 contributor making contributions of $250 or more in an election 26 cycle. 27 The bill requires the board to cooperate with local 28 jurisdictions establishing reporting requirements. 29 The bill provides that the maximum amount an individual 30 can contribute to a person who has made or intends to make 31 an independent expenditure is $750, and the maximum amount a 32 corporation can make to a person who has made or intends to 33 make an independent expenditure is $1,500. 34 The bill requires any person that is not registered and 35 -4- LSB 1935YH (3) 84 jr/sc 4/ 5
H.F. 339 filing full disclosure reports, and who has made one or more 1 independent expenditures totaling $750 or more, to register 2 with the board and file regular reports on the same basis 3 as, and reporting the same information as, other political 4 committees required to register and file. 5 The bill provides that if a candidate or candidate’s 6 committee either directly or indirectly supplies information 7 to a person who has made or subsequently makes an independent 8 expenditure in favor of such candidate, the candidate or 9 candidate’s committee shall provide that information to the 10 ethics and campaign disclosure board. 11 The bill requires that a person making an independent 12 expenditure for or against a candidate or campaign following 13 the last quarterly reporting deadline before an election shall 14 simultaneously and directly report such independent expenditure 15 to the candidate or campaigns supported or opposed. 16 The bill requires that a disclaimer shall contain the name 17 of the person who is the largest monetary contributor during 18 the election cycle to the candidate or person paying for the 19 communication. 20 As provided in Code section 68A.701, a willful violation of 21 any provision of the campaign finance law, Code chapter 68A, 22 is a serious misdemeanor punishable by confinement for up to 23 one year and a fine of at least $315 but not more than $1,875. 24 A variety of civil remedies are also available in Code section 25 68B.32D for a violation of Code chapter 68A or rules of the 26 ethics and campaign disclosure board, ranging from a reprimand 27 to a civil penalty of not more than $2,000. 28 -5- LSB 1935YH (3) 84 jr/sc 5/ 5