HSB 160 (LSB 1220YC (2) 87)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON RIZER)

A BILL FOR

An Act relating to electronic filing requirements for statements and reports filed with the ethics and campaign disclosure board.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 68A.201A, subsection 6, Code 2017, is amended to read as follows:
   6.  Effective January 1, 2011, the The verified statement shall be filed in an electronic format by 4:30 p.m. of the day the filing is due.
    Sec. 2.  Section 68A.401, subsection 1, Code 2017, is amended to read as follows:
   1.  All statements and reports required to be filed under this chapter shall be filed with the board as provided in this section and section 68A.402, subsection 1. The board shall post on its internet site all statements and reports filed under this chapter. For purposes of this section, the term “statement” does not include a bank statement.
   a.  A state statutory political committee, a county statutory political committee, a political committee expressly advocating for or against the nomination, election, or defeat of a candidate for statewide office or the general assembly, and a candidate’s committee of a candidate for statewide office or the general assembly shall file all statements and reports in an electronic format by 4:30 p.m. of the day the filing is due and according to rules adopted by the board.
   b.   Any other candidate or committee involved in a county, city, school, or other political subdivision election that accepts monetary or in-kind contributions in excess of two thousand dollars, or incurs indebtedness in excess of two thousand dollars in the aggregate in a calendar year, or makes expenditures in excess of two thousand dollars in a calendar year to expressly advocate for or against a clearly identified candidate or ballot issue shall file all statements and reports in an electronic format by 4:30 p.m. of the day the filing is due and according to rules adopted by the board. The committee shall continue to file subsequent statements and reports in an electronic format until being certified as dissolved under section 68A.402B.
   c.   Effective January 1, 2016, any other candidate or political committee not described in paragraphs “a” and “b” shall file all statements and reports in an electronic format by 4:30 p.m. of the day the filing is due according to rules adopted by the board pursuant to chapter 17A.
   d.  b.  If the board determines that a violation of this subsection has occurred, the board may impose any of the remedies or penalties provided for under section 68B.32D, except that the board shall not refer any complaint or supporting information of a violation of this section to the attorney general or any county attorney for prosecution.
    Sec. 3.  Section 68A.402, subsection 1, Code 2017, is amended to read as follows:
   1.  Filing methods.  Each committee shall electronically file with the board reports disclosing information required under this section on forms prescribed by rule. Except as set out in section 68A.401, reports shall be filed on or before the required due dates by using any of the following methods:  mail bearing a United States postal service postmark, hand-delivery, facsimile transmission, electronic mail attachment, or electronic filing as prescribed by rule. Any report that is required to be filed five days or less prior to an election must be physically received by the board to be considered timely filed. For purposes of this section, “physically received” means the report is either electronically filed using the board’s electronic filing system or is received by the board prior to 4:30 p.m. on the report due date.
    Sec. 4.  Section 68A.403, Code 2017, is amended to read as follows:
   68A.403  Reports signed and preserved.
   1.  Unless filed in an electronic format, a report or statement required to be filed under this chapter shall be signed by the person filing the report.
   2.  A copy of every report or statement shall be preserved by the person filing it or the person’s successor for at least three years following the filing of the report or statement.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill makes changes related to electronic filing requirements for statements and reports filed with the Iowa ethics and campaign disclosure board (board). 
   The bill makes technical changes to provisions requiring state statutory political committees, county statutory political committees, political committees, and candidate’s committees to file all statements and reports with the board in an electronic format. Since January 1, 2016, all candidates and committees have been required to file statements and reports in an electronic format.