House File 337 - Introduced HOUSE FILE 337 BY PRICHARD A BILL FOR An Act relating to campaign finance laws by making changes 1 related to independent expenditures and making penalties 2 applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1647YH (3) 86 aw/sc
H.F. 337 Section 1. Section 68A.201, subsection 1, Code 2015, is 1 amended to read as follows: 2 1. a. Every committee, as defined in this chapter , shall 3 file a statement of organization within ten days from the date 4 of its organization. Unless formal organization has previously 5 occurred, a committee is deemed to have organized as of the 6 date that committee transactions exceed the financial activity 7 threshold established in section 68A.102, subsection 5 or 8 18 . If committee transactions exceed the financial activity 9 threshold prior to the due date for filing a disclosure report 10 as established under section 68A.402 , the committee shall file 11 a disclosure report whether or not a statement of organization 12 has been filed by the committee. 13 b. A person who makes one or more independent expenditures 14 and files all statements required by section 68A.404 shall not 15 be required to organize a committee or file the statement of 16 organization required under this section. 17 Sec. 2. Section 68A.402B, subsection 3, Code 2015, is 18 amended by striking the subsection and inserting in lieu 19 thereof the following: 20 3. A person who makes one or more independent expenditures 21 and files all statements required by section 68A.404 shall 22 not be required to file a statement of dissolution under this 23 section. 24 Sec. 3. Section 68A.404, subsection 2, paragraph a, Code 25 2015, is amended to read as follows: 26 a. An entity A person , other than an individual or 27 individuals, shall not make an independent expenditure or 28 disburse funds from its treasury to pay for, in whole or in 29 part, an independent expenditure made by another person without 30 the authorization of a majority of the entity’s person’s board 31 of directors, executive council, or similar organizational 32 leadership body of the use of treasury funds for an independent 33 expenditure involving a candidate or ballot issue committee. 34 Such authorization must occur in the same calendar year in 35 -1- LSB 1647YH (3) 86 aw/sc 1/ 5
H.F. 337 which the independent expenditure is incurred. 1 Sec. 4. Section 68A.404, subsection 2, Code 2015, is amended 2 by adding the following new paragraph: 3 NEW PARAGRAPH . d. This section does not apply to a 4 candidate, candidate’s committee, state statutory political 5 committee, county statutory political committee, or a political 6 committee. This section does not apply to a federal committee 7 or an out-of-state committee that makes an independent 8 expenditure. A person who makes one or more independent 9 expenditures and files all statements required by this section 10 shall not be required to organize a committee or file the 11 statement of organization required under section 68A.201. 12 Sec. 5. Section 68A.404, subsection 3, Code 2015, is amended 13 to read as follows: 14 3. A person, other than a committee registered under this 15 chapter , that makes one or more independent expenditures shall 16 file an independent expenditure statement. All statements 17 and reports required by this section shall be filed in an 18 electronic format as prescribed by rule. 19 a. Subject to paragraph “b” , the person filing the 20 independent expenditure statement shall file reports under 21 sections 68A.402 and 68A.402A . An initial report shall be filed 22 at the same time as the independent expenditure statement. 23 Subsequent reports shall be filed according to the same 24 schedule as the office or election to which the independent 25 expenditure was directed. 26 (1) A supplemental report shall be filed on the same dates 27 as in section 68A.402, subsection 2 , paragraph “b” , if the 28 person making the independent expenditure either raises or 29 expends more than one thousand dollars. 30 (2) A report filed as a result of this paragraph “a” shall 31 not require the identification of individual members who 32 pay dues to a labor union, organization, or association, or 33 individual stockholders of a business corporation. A report 34 filed as a result of this paragraph “a” shall not require the 35 -2- LSB 1647YH (3) 86 aw/sc 2/ 5
H.F. 337 disclosure of any donor or other source of funding to the 1 person making the independent expenditure except when the 2 donation or source of funding, or a portion of the donation or 3 source of funding, was provided for the purpose of furthering 4 the independent expenditure. 5 b. This section does not apply to a candidate, candidate’s 6 committee, state statutory political committee, county 7 statutory political committee, or a political committee. 8 This section does not apply to a federal committee or an 9 out-of-state committee that makes an independent expenditure. 10 Sec. 6. Section 68A.404, subsection 5, paragraph g, Code 11 2015, is amended to read as follows: 12 g. A certification by an officer of the corporation 13 representing the person, if the person is other than an 14 individual or individuals, that the board of directors, 15 executive council, or similar organizational leadership body 16 expressly authorized the independent expenditure or use of 17 treasury funds for the independent expenditure by resolution 18 or other affirmative action within the calendar year when the 19 independent expenditure was incurred. 20 Sec. 7. Section 68A.404, subsection 5, Code 2015, is amended 21 by adding the following new paragraph: 22 NEW PARAGRAPH . h. The name and address of every person 23 who has made a contribution of twenty-five dollars or more or 24 source of funding that provided anything equal to or greater 25 than twenty-five dollars in value that was provided for the 26 purpose of furthering the independent expenditure. A person 27 making an independent expenditure shall not be required to 28 disclose the names and addresses of individual members who 29 pay dues to a labor union, organization, or association or 30 individual stockholders of a business corporation. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill makes changes to the campaign finance laws 35 -3- LSB 1647YH (3) 86 aw/sc 3/ 5
H.F. 337 relating to independent expenditures. 1 The bill provides that a person who makes independent 2 expenditures and files all required statements is not required 3 to organize a committee or file a statement of organization. 4 The bill strikes language that required persons making 5 independent expenditures to file a termination report following 6 a determination that the person will no longer make such 7 expenditures. The bill also states that a person who makes 8 an independent expenditure shall not be required to file a 9 statement of dissolution if the person files all other required 10 statements. 11 The bill strikes the requirement that a person making 12 an independent expenditure file the same disclosure report 13 required of candidates. 14 The bill requires that an officer representing a person, 15 other than one or more individuals, certify the prior 16 authorization for the independent expenditure from the person’s 17 governing or leadership body. The statute currently requires 18 only a corporation to certify prior authorization. 19 The bill requires that the name and address of every 20 contributor of $25 or more, or source of funding that provided 21 anything equal to or greater than $25 in value, for purposes 22 of furthering an independent expenditure be included on the 23 independent expenditure statement but maintains current Code 24 language that provides that the identification of individual 25 members who pay dues to a labor union, organization, or 26 association, or individual stockholders of a business 27 corporation is not required. 28 As provided in Code section 68A.701, a willful violation of 29 any provision of the campaign finance Code chapter is a serious 30 misdemeanor punishable by confinement for up to one year and 31 a fine of at least $315 but not more than $1,875. A variety 32 of civil remedies are also available in Code section 68B.32D 33 for a violation of Code chapter 68A or rules of the ethics and 34 campaign disclosure board, ranging from a reprimand to a civil 35 -4- LSB 1647YH (3) 86 aw/sc 4/ 5
H.F. 337 penalty of not more than $2,000. 1 -5- LSB 1647YH (3) 86 aw/sc 5/ 5