House File 2469 - Introduced HOUSE FILE 2469 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 589) A BILL FOR An Act relating to the expenditure of public funds and funds 1 held in trust by statewide elected officials, members of the 2 general assembly, or local officials on certain forms of 3 advertisement and imposing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5210HV (2) 87 ss/rj

H.F. 2469 Section 1. NEW SECTION . 68A.405A Advertising expenditures 1 prior to elections prohibited. 2 1. For the purposes of this section: 3 a. “Designated communication” means a public advertisement 4 or promotion delivered through a paid direct mailing, a paid 5 radio communication, a paid newspaper advertisement, or a 6 paid television communication funded in whole or in part with 7 public moneys or moneys held in a private trust fund as defined 8 by section 8.2, or a trust fund controlled by a political 9 subdivision of the state, if such paid direct mailing, paid 10 radio communication, paid newspaper advertisement, or paid 11 television communication bears the written name, likeness, or 12 voice of a statewide elected official, a member of the general 13 assembly, or a local official. “Designated communication” does 14 not mean any of the following: 15 (1) A report, record, letter, memorandum, document, 16 envelope, cover sheet, certificate, constituent correspondence, 17 routine ministerial material, or ceremonial material bearing 18 the name, official logo, or official letterhead of the office 19 of a statewide elected official, a member of the general 20 assembly, or local official, provided that such report, 21 record, letter, memorandum, document, envelope, cover sheet, 22 certificate, routine ministerial material, or ceremonial 23 material is used or generated in the course of the statewide 24 elected official’s, member of the general assembly’s, or local 25 official’s duties. 26 (2) A depiction of the great seal of the state of Iowa 27 through any medium when such depiction has been approved by the 28 office of the governor. 29 (3) Official press releases or press advisories issued by 30 the office of a statewide elected official, a member of the 31 general assembly, or a local official in any form. 32 (4) A publication, literature, or other medium of 33 communication designed to further the purposes of section 34 29C.3. 35 -1- LSB 5210HV (2) 87 ss/rj 1/ 4

H.F. 2469 b. “Designated exhibit expenditure” means a billboard, 1 placard, banner, table skirt, sign, display, or other physical 2 structure in excess of one hundred fifty square inches funded 3 in whole or in part with public moneys or moneys held in a 4 private trust fund as defined in section 8.2, or a trust fund 5 controlled by a political subdivision of the state, and placed 6 or displayed within or upon a defined physical booth space 7 located at the Iowa state fair or a fairground or grounds as 8 defined in section 174.1 bearing the written name, likeness, or 9 voice of a statewide elected official, a member of the general 10 assembly, or a local official. “Designated exhibit expenditure” 11 does not mean any of the following: 12 (1) A report, record, letter, memorandum, document, 13 envelope, cover sheet, certificate, constituent correspondence, 14 routine ministerial material, or ceremonial material bearing 15 the name, official logo, or official letterhead of the office 16 of a statewide elected official, a member of the general 17 assembly, or local official, provided that such report, 18 record, letter, memorandum, document, envelope, cover sheet, 19 certificate, routine ministerial material, or ceremonial 20 material is used or generated in the course of the statewide 21 elected official’s, member of the general assembly’s, or local 22 official’s duties. 23 (2) A depiction of the great seal of the state of Iowa 24 through any medium when such depiction has been approved by the 25 office of the governor. 26 (3) Official press releases or press advisories issued by 27 the office of a statewide elected official, a member of the 28 general assembly, or a local official in any form. 29 (4) A publication, literature, or other medium of 30 communication designed to further the purposes of section 31 29C.3. 32 c. “Local official” means the same as defined in section 33 68B.2. 34 d. “Statewide elected official” means the same as defined 35 -2- LSB 5210HV (2) 87 ss/rj 2/ 4

H.F. 2469 in section 68B.2. 1 2. A statewide elected official, a member of the general 2 assembly, or a local official shall not make or authorize a 3 designated communication or designated exhibit expenditure. 4 3. A person who willfully violates this section shall be 5 subject to a civil penalty of an amount up to the amount of 6 moneys withdrawn from a public account, private trust fund 7 as defined in section 8.2, or trust fund controlled by a 8 political subdivision of the state used to fund the designated 9 communication or designated exhibit expenditure found to be 10 in violation of this section by the board or, for members of 11 the general assembly, by an appropriate legislative ethics 12 committee. Such penalty shall be determined and assessed by 13 the board and paid into the account from which such moneys were 14 withdrawn. Additional criminal or civil penalties available 15 under section 68A.701 or established by the board pursuant to 16 section 68B.32A may also be determined and assessed by the 17 board for violations of this section. Nothing in this section 18 shall prevent the imposition of any penalty or sanction for a 19 violation of this section by a legislative ethics committee. 20 4. This section shall not apply to any physically printed or 21 electronically printed, published, or disseminated materials or 22 literature generated by a statewide elected official, member of 23 the general assembly, or local official prior to the effective 24 date of this Act. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill prohibits a statewide elected official, defined 29 as the governor, lieutenant governor, secretary of state, 30 treasurer of state, auditor of state, attorney general, or 31 secretary of agriculture, member of the general assembly, or 32 local official from expending public moneys or moneys held in 33 a trust controlled by the state or a political subdivision on 34 advertisements in which that statewide elected official’s, 35 -3- LSB 5210HV (2) 87 ss/rj 3/ 4

H.F. 2469 member of the general assembly’s, or local official’s name, 1 likeness, or voice will appear or be heard. The bill also 2 prohibits such expenditures on booths at the Iowa state fair 3 and local fairs. Certain official documents and communications 4 are excluded from these prohibitions. 5 A person who violates the bill is subject to penalties 6 established pursuant to Code section 68B.32A, subsections 7 9 and 19, and must repay the trust fund or public account 8 from which the money was withdrawn. A member of the general 9 assembly who violates the bill may be subject to penalties 10 imposed by a legislative ethics committee. Any person who 11 willfully violates either portion of this bill is also guilty 12 of a serious misdemeanor pursuant to Code section 68A.701. A 13 serious misdemeanor is punishable by confinement for no more 14 than one year and a fine of at least $315 but not more than 15 $1,875. 16 -4- LSB 5210HV (2) 87 ss/rj 4/ 4