Senate
Study
Bill
1064
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
ETHICS
AND
CAMPAIGN
DISCLOSURE
BOARD
BILL)
A
BILL
FOR
An
Act
making
changes
to
the
campaign
finance
laws
relating
to
1
independent
expenditures
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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1340DP
(4)
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H.F.
_____
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
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H.F.
_____
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
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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
contributor
23
or
source
of
funding
that
provided
anything
of
value
that
24
was
provided
for
the
purpose
of
furthering
the
independent
25
expenditure.
A
person
making
an
independent
expenditure
26
shall
not
be
required
to
disclose
the
names
and
addresses
of
27
individual
members
who
pay
dues
to
a
labor
union,
organization,
28
or
association
or
individual
stockholders
of
a
business
29
corporation.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
makes
changes
to
the
campaign
finance
laws
34
relating
to
independent
expenditures.
35
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LSB
1340DP
(4)
86
aw/sc
3/
4
S.F.
_____
H.F.
_____
The
bill
provides
that
a
person
who
makes
independent
1
expenditures
and
files
all
required
statements
is
not
required
2
to
organize
a
committee
or
file
a
statement
of
organization.
3
The
bill
strikes
language
that
required
persons
making
4
independent
expenditures
to
file
a
termination
report
following
5
a
determination
that
the
person
will
no
longer
make
such
6
expenditures.
The
bill
also
states
that
a
person
who
makes
7
an
independent
expenditure
shall
not
be
required
to
file
a
8
statement
of
dissolution
if
the
person
files
all
other
required
9
statements.
10
The
bill
strikes
the
requirement
that
a
person
making
11
an
independent
expenditure
file
the
same
disclosure
report
12
required
of
candidates.
13
The
bill
requires
that
an
officer
representing
a
person,
14
other
than
one
or
more
individuals,
certify
the
prior
15
authorization
for
the
independent
expenditure
from
the
person’s
16
governing
or
leadership
body.
The
statute
currently
requires
17
only
a
corporation
to
certify
prior
authorization.
18
The
bill
requires
that
the
name
and
address
of
every
19
contributor
or
source
of
funding
that
provided
anything
of
20
value
for
purposes
of
furthering
an
independent
expenditure
be
21
included
on
the
independent
expenditure
statement
but
maintains
22
current
Code
language
that
provides
that
the
identification
of
23
individual
members
who
pay
dues
to
a
labor
union,
organization,
24
or
association,
or
individual
stockholders
of
a
business
25
corporation
is
not
required.
26
As
provided
in
Code
section
68A.701,
a
willful
violation
of
27
any
provision
of
the
campaign
finance
Code
chapter
is
a
serious
28
misdemeanor
punishable
by
confinement
for
up
to
one
year
and
29
a
fine
of
at
least
$315
but
not
more
than
$1,875.
A
variety
30
of
civil
remedies
are
also
available
in
Code
section
68B.32D
31
for
a
violation
of
Code
chapter
68A
or
rules
of
the
ethics
and
32
campaign
disclosure
board,
ranging
from
a
reprimand
to
a
civil
33
penalty
of
not
more
than
$2,000.
34
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