H.F. 150 Section 1. Section 68A.405, subsection 1, paragraph a, 1 subparagraph (3), Code 2013, 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 2013, 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 a 13 candidate for public office or the passage or defeat of a 14 ballot issue shall include on the published material or in 15 the telephone call an attribution statement disclosing who is 16 responsible for the published material or telephone call . 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 or automated or live telephone calls has the sole 26 responsibility and liability for the attribution statement 27 required by this section. 28 Sec. 3. Section 68A.405, subsection 2, paragraph a, Code 29 2013, is amended to read as follows: 30 a. The editorials or news articles of a newspaper, magazine, 31 television or radio station, or other print or electronic media 32 that are not paid political advertisements. 33 Sec. 4. Section 68A.405, subsections 3 and 4, Code 2013, are 34 amended to read as follows: 35 -1- LSB 1352HH (2) 85 jr/sc 1/ 4

H.F. 150 3. For television, video, or motion picture advertising, 1 the attribution statement shall be displayed on the screen in a 2 clearly readable manner for at least four seconds. For radio, 3 the attribution statement shall be read at the conclusion of 4 the advertisement at a volume and with enunciation to make 5 the statement easily understandable. For automated or live 6 telephone calls described in subsection 1, paragraph “b” , the 7 attribution statement or disclaimer, as applicable, shall 8 be read at the conclusion of the call at a volume and with 9 enunciation to make the statement easily understandable. 10 4. The board shall adopt rules relating to the placing of 11 an attribution statement on published materials and for the 12 reading of attribution statements or disclaimers for radio and 13 automated or live telephone calls . 14 Sec. 5. NEW SECTION . 68A.407 Certain communications 15 provided to the board. 16 1. Any communication intended for audio or video broadcast, 17 cable or internet transmission, or any automated or live 18 telephone call that is made to influence a public election, 19 and paid for as a direct, in-kind, or independent expenditure 20 by a person, a candidate, or political committee, shall be 21 supplied to the board in an electronic format according to 22 specifications established by the board. 23 2. The communication shall be supplied by noon on the 24 same day that the transmission first occurs or by noon on the 25 previous Friday if the first transmission occurs on a Saturday 26 or Sunday. 27 3. The communication shall be supplied to the board eleven 28 days before the day of the election if the transmission will 29 first occur within eleven days preceding the election. The 30 communication shall be supplied to the board seven days 31 before the day of the election if the communication responds 32 to a communication that will first occur within eleven days 33 preceding the election. The material supplied to the board 34 shall include a specific listing of each radio, television, 35 -2- LSB 1352HH (2) 85 jr/sc 2/ 4

H.F. 150 cable, internet, or other outlet used to transmit the 1 communication, and the total of expenditures associated with 2 the communication. 3 4. An audio or video broadcast, cable or internet 4 transmission, or automated or live telephone call made to 5 influence a public election, and paid for as a direct, in-kind, 6 or independent expenditure by a person or by a candidate or 7 political committee may not be made if it has not been supplied 8 to the board as required in this section. 9 5. Any communication supplied to the board which directly or 10 indirectly refers to a vote or position taken by a candidate 11 for public office, or portrays the view of a candidate for 12 office, shall include documentation of that vote, position, 13 or view in a form required by the board. The documentation 14 shall include but not be limited to the date, place, and manner 15 that the candidate cast such vote, took such a position, or 16 expressed such views and shall reference a public source 17 of information at which the citation can be verified. In 18 addition, the filing shall include the name, address, telephone 19 number, and electronic mail address of the person who is taking 20 legal responsibility for the truthfulness of the information. 21 6. A communication supplied to the board, and its associated 22 documentation, shall be permanently posted by the board 23 on an internet site accessible by the public in an easily 24 identifiable format as soon as technically and reasonably 25 possible. 26 7. The board may establish reasonable fees to cover 27 the costs associated with implementation of this section 28 and such fees shall be payable by the persons, candidate 29 committees, political committees, or other entities submitting 30 a communication. 31 8. In addition to the penalty set out in section 68A.701, a 32 person who violates this section shall be subject to a civil 33 penalty not to exceed the total amount of the expenditures made 34 to produce and transmit the communication. 35 -3- LSB 1352HH (2) 85 jr/sc 3/ 4

H.F. 150 EXPLANATION 1 This bill regulates audio or video broadcasts, cable or 2 internet transmissions, or automated or live telephone calls 3 which are used in political campaigns. The bill expands 4 current attribution statement requirements to include radio 5 advertisements and certain automated or live telephone 6 calls, as described in the bill. The bill also requires that 7 a disclaimer be made for certain other automated or live 8 telephone calls, as described in the bill. 9 The bill enacts new Code section 68A.407 to require that 10 the contents of a campaign-related audio or video broadcast, 11 cable or internet transmission, or automated or live telephone 12 call must be provided to the ethics and campaign finance 13 disclosure board. The bill sets out specific timelines when 14 these communications must be provided. These communications 15 are prohibited unless they have been supplied to the board as 16 required by the bill. 17 The bill requires that any communication which directly or 18 indirectly refers to a vote, position, or viewpoint taken by a 19 candidate shall include documentation of that vote, position, 20 or viewpoint in a form required by the board. 21 Communications supplied to the board under new Code section 22 68A.407 shall be permanently posted on an internet site 23 accessible by the public. 24 The bill empowers the board to establish reasonable fees 25 to cover the costs associated with implementation of new Code 26 section 68A.407. 27 The bill provides that in addition to the criminal penalty 28 set out in current Code section 68A.701, a person who violates 29 new Code section 68A.407 shall be subject to a civil penalty 30 not to exceed the total amount of the expenditures made to 31 produce and transmit the communication. 32 -4- LSB 1352HH (2) 85 jr/sc 4/ 4