House File 2168 - Introduced HOUSE FILE 2168 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HF 638) (SUCCESSOR TO HSB 210) A BILL FOR An Act relating to matters before the Iowa ethics and campaign 1 disclosure board, including campaign finance filings, 2 attribution statements, and delinquent payment penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2389HZ (2) 90 th/jh
H.F. 2168 Section 1. Section 68A.201, subsection 2, paragraphs a and 1 b, Code 2024, are amended to read as follows: 2 a. The name, purpose, mailing address, electronic mail 3 address, and telephone number of the committee. The committee 4 name shall not duplicate the name of another committee 5 organized under this section . For candidate’s committees 6 filing initial statements of organization on or after July 7 1, 1995, the candidate’s name shall be contained within the 8 committee name. 9 b. The name, mailing address, electronic mail address, and 10 position of the committee officers. 11 Sec. 2. Section 68A.201A, subsection 6, Code 2024, is 12 amended to read as follows: 13 6. The verified statement shall be filed by 4:30 in an 14 electronic format no later than 11:59 p.m. of the day the 15 filing is due. 16 Sec. 3. Section 68A.401, subsection 1, paragraph a, Code 17 2024, is amended to read as follows: 18 a. A state statutory political committee, a county statutory 19 political committee, a political committee, and a candidate’s 20 committee shall file all statements and reports in an 21 electronic format by 4:30 no later than 11:59 p.m. of the day 22 the filing is due and according to rules adopted by the board. 23 Sec. 4. Section 68A.405, subsection 1, paragraph a, 24 subparagraph (3), Code 2024, is amended to read as follows: 25 (3) “Published material” means any newspaper, magazine, 26 shopper, outdoor advertising facility, poster, direct mailing, 27 brochure, internet site, campaign sign, or any other form of 28 printed or electronic general public political advertising. 29 “Published material” includes radio, television, video, or 30 motion picture internet advertising. 31 Sec. 5. Section 68A.405, subsection 1, paragraph b, 32 subparagraph (1), Code 2024, is amended to read as follows: 33 (1) Except as set out in subsection 2 , published material 34 designed to expressly advocate the nomination, election, 35 -1- LSB 2389HZ (2) 90 th/jh 1/ 8
H.F. 2168 or defeat of a candidate for public office or the passage 1 or defeat of a ballot issue shall include on the published 2 material an a clear and conspicuous attribution statement 3 disclosing who is responsible for the published material. 4 Sec. 6. Section 68A.405, subsection 3, Code 2024, is amended 5 to read as follows: 6 3. For television , or video , or motion picture advertising, 7 the attribution statement shall be displayed on the screen 8 in a clearly readable manner for at least four seconds. For 9 radio advertising, the attribution statement shall be read in a 10 clearly understandable manner. 11 Sec. 7. Section 68B.32, subsections 3 and 5, Code 2024, are 12 amended to read as follows: 13 3. The board shall annually elect one member to serve as 14 the chairperson of the board and one member to serve as vice 15 chairperson. The vice chairperson shall act as the chairperson 16 in the absence or disability of the chairperson or in the 17 event of a vacancy in that office. The chairperson and vice 18 chairperson shall not be members of the same political party. 19 5. The board shall employ a full-time executive director who 20 shall be the board’s chief administrative officer. The board 21 shall employ or contract for the employment of legal counsel 22 notwithstanding section 13.7 , and any other personnel as may 23 be necessary to carry out the duties of the board. The board’s 24 legal counsel shall be the chief legal officer of the board and 25 shall advise the board on all legal matters relating to the 26 administration of this chapter and chapter 68A . The state may 27 be represented by the board’s legal counsel in any civil action 28 regarding the enforcement of this chapter or chapter 68A , or at 29 the board’s request, the state may be represented by the office 30 of the attorney general. Notwithstanding section 8A.412 , all 31 of the board’s employees, except for the executive director and 32 legal counsel, shall be employed subject to the merit system 33 provisions of chapter 8A, subchapter IV . The salary of the 34 executive director shall be fixed by the board, within the 35 -2- LSB 2389HZ (2) 90 th/jh 2/ 8
H.F. 2168 range established by the general assembly. The salary of the 1 legal counsel shall be fixed by the board, within a salary 2 range established by the department of administrative services 3 for a position requiring similar qualifications and experience. 4 If the executive director also serves as the board’s legal 5 counsel, the board may award the executive director additional 6 compensation which shall not annually exceed fifty percent of 7 the maximum annual salary for the range established by the 8 general assembly for the board’s executive director position. 9 Sec. 8. NEW SECTION . 68B.32E Delinquent penalties —— 10 enforcement. 11 1. A civil penalty assessed by the board under section 12 68B.32D, subsection 1, paragraph “h” , shall be paid no later 13 than thirty days after the order is issued. A civil penalty is 14 delinquent if the full amount of the civil penalty has not been 15 timely paid. 16 2. a. In lieu of paying the full amount of the civil 17 penalty within thirty days, a person may enter into an 18 installment payment plan. A payment plan must be agreed to 19 in writing and signed by the board’s executive director and 20 the person owing the civil penalty. The payment plan must 21 include a payment schedule with the payment dates described. 22 The payment plan must be established no later than thirty days 23 after the issuance of the order requiring the person to pay a 24 civil penalty, as provided under section 68B.32D, subsection 25 1, paragraph “h” . 26 b. If a payment plan is established, the civil penalty is 27 delinquent if an installment payment is not paid within thirty 28 days of the payment date provided in the payment plan. 29 3. If a civil penalty is delinquent for sixty days or longer 30 on or after July 1, 2024, the board shall assess a late fee once 31 each month, beginning on the later of July 1, 2024, and the 32 date the civil penalty becomes delinquent. The late fee must 33 be assessed in accordance with rules adopted by the board. The 34 board may waive any assessed late fee. 35 -3- LSB 2389HZ (2) 90 th/jh 3/ 8
H.F. 2168 4. If a civil penalty remains delinquent for thirty days or 1 longer, the board shall send final notice to the person owing 2 the civil penalty. Such notice shall be sent via restricted 3 certified mail, and must include notice of the applicable 4 action provided in subsection 5 or 6. 5 5. a. If a civil penalty owed by a person who was issued a 6 driver’s license in this state is delinquent under subsection 7 1 or 2, and if the person owes two hundred fifty dollars or 8 more, the board shall notify the department of transportation 9 to suspend the person’s driver’s license in accordance 10 with section 321.210E until the civil penalty is no longer 11 delinquent. 12 b. If the civil penalty owed by the person is no longer 13 delinquent, the board shall notify the department of 14 transportation to terminate the suspension of the person’s 15 driver’s license in accordance with section 321.210E. 16 6. If a civil penalty owed by a person who was not issued a 17 driver’s license in this state is delinquent under subsection 1 18 or 2, and if the person owes two hundred fifty dollars or more, 19 the board shall revoke any authority granted by the board for 20 the person to operate a candidate’s committee and a political 21 committee in this state until the person’s debt is no longer 22 delinquent. 23 7. Any penalty shall be stayed if an appeal is pending for 24 the underlying matter for which the person was issued a civil 25 penalty. For the duration of the stay, the penalty shall not 26 be deemed delinquent and is not subject to a late fee. 27 8. The board may waive collection of a penalty owed in 28 circumstances where collection is impracticable. 29 9. This section does not prohibit the board from taking 30 alternative enforcement actions permitted by this chapter or 31 chapter 17A. 32 Sec. 9. NEW SECTION . 321.210E Suspension for delinquent 33 civil penalties owed to the Iowa ethics and campaign disclosure 34 board. 35 -4- LSB 2389HZ (2) 90 th/jh 4/ 8
H.F. 2168 Upon receipt of notice from the Iowa ethics and campaign 1 disclosure board and in accordance with applicable rules 2 adopted by the department, the department shall suspend the 3 driver’s license of a person who owes a delinquent civil 4 penalty under section 68B.32E. The suspension shall continue 5 until the department receives notice from the Iowa ethics and 6 campaign disclosure board that the person no longer owes a 7 delinquent civil penalty. Upon receipt of such notice from 8 the Iowa ethics and campaign disclosure board, and payment 9 of the reinstatement fee provided under section 321.191, the 10 department shall terminate the suspension and reinstate the 11 person’s driver’s license if the person is otherwise eligible 12 to be issued a driver’s license. 13 Sec. 10. Section 321.212, subsection 1, paragraph a, 14 subparagraph (1), Code 2024, is amended to read as follows: 15 (1) Except as provided in section 321.210A , 321.210E, 16 or 321.513 , the department shall not suspend a license for a 17 period of more than one year, except that a license suspended 18 because of incompetency to drive a motor vehicle shall be 19 suspended until the department receives satisfactory evidence 20 that the former holder is competent to operate a motor vehicle 21 and a refusal to reinstate constitutes a denial of license 22 within section 321.215 ; upon revoking a license the department 23 shall not grant an application for a new license until the 24 expiration of one year after the revocation, unless another 25 period is specified by law. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill relates to matters before the Iowa ethics and 30 campaign disclosure board (board). 31 The bill requires a political committee and a candidate’s 32 committee to provide an electronic mail address along with the 33 name, purpose, mailing address, and telephone number of the 34 committee when the committee files a statement of organization 35 -5- LSB 2389HZ (2) 90 th/jh 5/ 8
H.F. 2168 with the board. When a committee or organization is not 1 organized under Code section 68A.201, such committee officers 2 are also required to provide an electronic mail address when 3 filing full disclosure reports of all financial activities with 4 the federal election commission or another state’s disclosure 5 commission. 6 The bill extends the deadline for required filings to be 7 submitted electronically to the board from 4:30 p.m. to 11:59 8 p.m. on the day the filings are due. By operation of law, 9 in computing time, the first day is excluded and the last 10 included, unless the last falls on Sunday or holiday, in which 11 case the time prescribed is extended so as to include the 12 whole of the following Monday, or day after the holiday, as 13 applicable. 14 The bill adds radio and internet advertising to the 15 definition of “published material” as used in Code chapter 16 68A, and strikes motion picture advertising from the 17 definition. “Published material”, including radio and internet 18 advertising under the bill, that is designed to expressly 19 advocate the nomination, election, or defeat of a candidate 20 for public office or the passage or defeat of a ballot issue 21 is required to include an attribution statement disclosing 22 who is responsible for the material. The bill requires the 23 attribution statement to be clear and conspicuous. For radio 24 advertising, the attribution statement must be read in a 25 clearly understandable manner. 26 Current law requires the board to annually elect one member 27 to serve as the chairperson of the board and one member to 28 serve as vice chairperson. The bill prohibits the chairperson 29 and vice chairperson from being members of the same political 30 party. 31 Under current law, the board must employ a full-time 32 executive director who is the board’s chief administrative 33 officer. The board must also employ or contract for the 34 employment of legal counsel and any other personnel as may 35 -6- LSB 2389HZ (2) 90 th/jh 6/ 8
H.F. 2168 be necessary to carry out the duties of the board. The 1 board’s legal counsel is the chief legal officer of the 2 board and advises the board on all legal matters relating to 3 the administration of Code chapters 68A and 68B. The bill 4 authorizes the board to award the executive director, if that 5 person also serves as the board’s legal counsel, additional 6 compensation. The additional compensation must not annually 7 exceed 50 percent of the maximum annual salary for the range 8 established by the general assembly for the board’s executive 9 director position. 10 The bill provides enforcement provisions related to 11 delinquent civil penalties assessed by the board under Code 12 section 68B.32, subsection 1, paragraph “h”. The bill requires 13 civil penalties to be paid within 30 days of the board’s order 14 for a penalty unless a payment plan is established. Under the 15 bill, the board is authorized to adopt administrative rules 16 and assess a late fee once each month in addition to a civil 17 penalty that is delinquent for 60 days or longer on or after 18 July 1, 2024. 19 The bill authorizes the board to notify the department 20 of transportation (DOT) to suspend the driver’s license of a 21 person who was issued a license in Iowa, if the person has a 22 delinquent penalty in excess of $250 and received notice as 23 provided in the bill. Under current administrative rules, the 24 DOT must send notice to a person whose driver’s license will 25 be suspended for nonpayment of a fine, penalty, surcharge, or 26 court costs (761 IAC 615.22). The suspension begins 30 days 27 after the notice is served and continues until the DOT issues a 28 notice terminating the suspension. 29 If a delinquent civil penalty of more than $250 is owed 30 by a person who was not issued a driver’s license in Iowa, 31 the board is required to revoke any authority granted by the 32 board for the person to operate a candidate’s committee and 33 a political committee in Iowa until the person’s debt is no 34 longer delinquent. 35 -7- LSB 2389HZ (2) 90 th/jh 7/ 8
H.F. 2168 The bill provides for penalties to be waived and stayed under 1 certain circumstances. 2 -8- LSB 2389HZ (2) 90 th/jh 8/ 8