HOUSE FILE 339

BY  ISENHART

A BILL FOR

An Act relating to campaign finance and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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