House
File
638
-
Introduced
HOUSE
FILE
638
BY
COMMITTEE
ON
STATE
GOVERNMENT
(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,
authorized
gifts,
and
delinquent
3
payment
penalties.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
2389HV
(1)
90
th/jh
H.F.
638
Section
1.
Section
68A.201,
subsection
2,
paragraphs
a
and
1
b,
Code
2023,
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
2023,
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
2023,
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
2023,
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
2023,
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
2389HV
(1)
90
th/jh
1/
9
H.F.
638
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
2023,
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.22,
subsection
4,
paragraph
j,
Code
12
2023,
is
amended
to
read
as
follows:
13
j.
Nonmonetary
items
with
a
value
of
three
ten
dollars
or
14
less
that
are
received
from
any
one
donor
during
one
calendar
15
day.
The
allowable
value
of
nonmonetary
items
shall
be
16
annually
adjusted
to
reflect
a
change
in
value
due
to
inflation
17
and
shall
not
include
the
sales
tax
associated
with
such
items.
18
Sec.
8.
Section
68B.22,
subsection
8,
Code
2023,
is
amended
19
to
read
as
follows:
20
8.
Except
as
otherwise
provided
in
subsection
4
,
an
21
organization
or
association
which
has
as
one
of
its
purposes
22
the
encouragement
of
the
passage,
defeat,
introduction,
23
or
modification
of
legislation
shall
not
give
and
a
member
24
of
the
general
assembly
shall
not
receive
food,
beverages,
25
registration,
or
scheduled
entertainment
with
a
per
person
26
value
in
excess
of
three
ten
dollars.
The
allowable
per
27
person
value
of
food,
beverages,
registration,
or
scheduled
28
entertainment
shall
be
annually
adjusted
to
reflect
a
change
29
in
value
due
to
inflation
and
shall
not
include
the
sales
tax
30
associated
with
such
costs.
31
Sec.
9.
Section
68B.32,
subsections
3
and
5,
Code
2023,
are
32
amended
to
read
as
follows:
33
3.
The
board
shall
annually
elect
one
member
to
serve
as
34
the
chairperson
of
the
board
and
one
member
to
serve
as
vice
35
-2-
LSB
2389HV
(1)
90
th/jh
2/
9
H.F.
638
chairperson.
The
vice
chairperson
shall
act
as
the
chairperson
1
in
the
absence
or
disability
of
the
chairperson
or
in
the
2
event
of
a
vacancy
in
that
office.
The
chairperson
and
vice
3
chairperson
shall
not
be
members
of
the
same
political
party.
4
5.
The
board
shall
employ
a
full-time
executive
director
who
5
shall
be
the
board’s
chief
administrative
officer.
The
board
6
shall
employ
or
contract
for
the
employment
of
legal
counsel
7
notwithstanding
section
13.7
,
and
any
other
personnel
as
may
8
be
necessary
to
carry
out
the
duties
of
the
board.
The
board’s
9
legal
counsel
shall
be
the
chief
legal
officer
of
the
board
and
10
shall
advise
the
board
on
all
legal
matters
relating
to
the
11
administration
of
this
chapter
and
chapter
68A
.
The
state
may
12
be
represented
by
the
board’s
legal
counsel
in
any
civil
action
13
regarding
the
enforcement
of
this
chapter
or
chapter
68A
,
or
at
14
the
board’s
request,
the
state
may
be
represented
by
the
office
15
of
the
attorney
general.
Notwithstanding
section
8A.412
,
all
16
of
the
board’s
employees,
except
for
the
executive
director
and
17
legal
counsel,
shall
be
employed
subject
to
the
merit
system
18
provisions
of
chapter
8A,
subchapter
IV
.
The
salary
of
the
19
executive
director
shall
be
fixed
by
the
board,
within
the
20
range
established
by
the
general
assembly.
The
salary
of
the
21
legal
counsel
shall
be
fixed
by
the
board,
within
a
salary
22
range
established
by
the
department
of
administrative
services
23
for
a
position
requiring
similar
qualifications
and
experience.
24
If
the
executive
director
also
serves
as
the
board’s
legal
25
counsel,
the
board
may
award
the
executive
director
additional
26
compensation
which
shall
not
annually
exceed
fifty
percent
of
27
the
maximum
annual
salary
for
the
range
established
by
the
28
general
assembly
for
the
board’s
executive
director
position.
29
Sec.
10.
Section
68B.32A,
Code
2023,
is
amended
by
adding
30
the
following
new
subsection:
31
NEW
SUBSECTION
.
20.
Beginning
January
1,
2024,
and
every
32
January
1
thereafter,
calculate
and
record
any
change
in
value
33
due
to
inflation
using
the
annual
percentage
change
in
the
34
United
States
department
of
labor,
bureau
of
labor
statistics,
35
-3-
LSB
2389HV
(1)
90
th/jh
3/
9
H.F.
638
consumer
price
index
for
all
urban
consumers
for
the
midwest
1
region,
all
items,
or
its
successor
index,
as
provided
under
2
section
68B.22,
subsection
4,
paragraph
“j”
,
and
section
3
68B.22,
subsection
8.
4
Sec.
11.
NEW
SECTION
.
68B.32E
Delinquent
penalties
——
5
enforcement.
6
1.
A
civil
penalty
assessed
by
the
board
under
section
7
68B.32D,
subsection
1,
paragraph
“h”
,
shall
be
paid
no
later
8
than
thirty
days
after
the
order
is
issued.
A
civil
penalty
is
9
delinquent
if
the
full
amount
of
the
civil
penalty
has
not
been
10
timely
paid.
11
2.
a.
In
lieu
of
paying
the
full
amount
of
the
civil
12
penalty
within
thirty
days,
a
person
may
enter
into
an
13
installment
payment
plan.
A
payment
plan
must
be
agreed
to
14
in
writing
and
signed
by
the
board’s
executive
director
and
15
the
person
owing
the
civil
penalty.
The
payment
plan
must
16
include
a
payment
schedule
with
the
payment
dates
described.
17
The
payment
plan
must
be
established
no
later
than
thirty
days
18
after
the
issuance
of
the
order
requiring
the
person
to
pay
a
19
civil
penalty,
as
provided
under
section
68B.32D,
subsection
20
1,
paragraph
“h”
.
21
b.
If
a
payment
plan
is
established,
the
civil
penalty
is
22
delinquent
if
an
installment
payment
is
not
paid
within
thirty
23
days
of
the
payment
date
provided
in
the
payment
plan.
24
3.
A
civil
penalty
delinquent
for
sixty
days
or
longer
25
on
or
after
July
1,
2023,
shall
accrue
interest
at
a
rate
of
26
ten
percent
per
annum,
compounded
monthly,
beginning
on
the
27
later
of
July
1,
2023,
and
the
date
the
civil
penalty
becomes
28
delinquent.
The
board
may
waive
any
accrued
interest.
29
4.
If
a
civil
penalty
remains
delinquent
for
thirty
days
or
30
longer,
the
board
shall
send
final
notice
to
the
person
owing
31
the
civil
penalty.
Such
notice
shall
be
sent
via
restricted
32
certified
mail,
and
must
include
notice
of
the
applicable
33
action
provided
in
subsection
5
or
6.
34
5.
Notwithstanding
sections
321.210,
321.210A,
and
35
-4-
LSB
2389HV
(1)
90
th/jh
4/
9
H.F.
638
321.210B,
if
a
civil
penalty
owed
by
a
person
who
was
issued
a
1
driver’s
license
in
this
state
is
delinquent
under
subsection
1
2
or
2,
and
if
the
person
owes
two
hundred
fifty
dollars
or
more,
3
the
person’s
driver’s
license
shall
be
suspended
as
follows:
4
a.
The
board
shall
issue
an
order
to
suspend
the
person’s
5
driver’s
license
to
the
department
of
transportation
thirty
6
days
after
the
person
received
a
final
notice
in
accordance
7
with
subsection
4.
8
b.
The
department
of
transportation
shall
suspend
the
9
person’s
driver’s
license
within
ten
business
days
of
receiving
10
the
board’s
order
and
shall
send
notice
of
the
suspension
to
11
the
person
in
accordance
with
section
321.210E
and
provide
12
confirmation
to
the
board
when
the
person’s
driver’s
license
13
is
suspended.
14
c.
If
the
civil
penalty
owed
by
the
person
is
no
15
longer
delinquent,
the
board
shall
order
the
department
of
16
transportation
to
reinstate
the
person’s
driver’s
license.
The
17
department
of
transportation
shall
send
notice
to
the
person
18
whose
license
is
reinstated
and
provide
written
confirmation
to
19
the
board
when
the
license
is
reinstated.
20
6.
If
a
civil
penalty
owed
by
a
person
who
was
not
issued
a
21
driver’s
license
in
this
state
is
delinquent
under
subsection
1
22
or
2,
and
if
the
person
owes
two
hundred
fifty
dollars
or
more,
23
the
board
shall
revoke
any
authority
granted
by
the
board
for
24
the
person
to
operate
a
candidate’s
committee
and
a
political
25
committee
in
this
state
until
the
person’s
debt
is
no
longer
26
delinquent.
27
7.
Any
penalty
shall
be
stayed
if
an
appeal
is
pending
for
28
the
underlying
matter
for
which
the
person
was
issued
a
civil
29
penalty.
For
the
duration
of
the
stay,
the
penalty
shall
not
30
be
deemed
delinquent
and
shall
not
accrue
interest.
31
8.
The
board
may
waive
collection
of
a
penalty
owed
in
32
circumstances
where
collection
is
impracticable.
33
9.
This
section
does
not
prohibit
the
board
from
taking
34
alternative
enforcement
actions
permitted
by
this
chapter
or
35
-5-
LSB
2389HV
(1)
90
th/jh
5/
9
H.F.
638
chapter
17A.
1
Sec.
12.
NEW
SECTION
.
321.210E
Suspension
for
delinquent
2
administrative
fines.
3
Upon
receipt
of
an
order
from
the
Iowa
ethics
and
campaign
4
disclosure
board,
the
department
shall
suspend
the
driver’s
5
license
of
a
person
who
has
a
delinquent
civil
penalty
under
6
section
68B.32E
and
who
received
notice
from
the
board
required
7
under
section
68B.32E,
subsection
4.
The
department
shall
8
send
notice
of
the
suspension
to
the
person
whose
license
is
9
suspended
and
shall
send
confirmation
of
the
license
suspension
10
to
the
Iowa
ethics
and
campaign
disclosure
board.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
relates
to
matters
before
the
Iowa
ethics
and
15
campaign
disclosure
board
(board).
16
The
bill
requires
a
political
committee
and
a
candidate’s
17
committee
to
provide
an
electronic
mail
address
along
with
the
18
name,
purpose,
mailing
address,
and
telephone
number
of
the
19
committee
when
the
committee
files
a
statement
of
organization
20
with
the
board.
When
a
committee
or
organization
is
not
21
organized
under
Code
section
68A.201,
such
committee
officers
22
are
also
required
to
provide
an
electronic
mail
address
when
23
filing
full
disclosure
reports
of
all
financial
activities
with
24
the
federal
election
commission
or
another
state’s
disclosure
25
commission.
26
The
bill
extends
the
deadline
for
required
filings
to
be
27
submitted
electronically
to
the
board
from
4:30
p.m.
to
11:59
28
p.m.
on
the
day
the
filings
are
due.
By
operation
of
law,
29
in
computing
time,
the
first
day
is
excluded
and
the
last
30
included,
unless
the
last
falls
on
Sunday
or
holiday,
in
which
31
case
the
time
prescribed
is
extended
so
as
to
include
the
32
whole
of
the
following
Monday,
or
day
after
the
holiday,
as
33
applicable.
34
The
bill
adds
radio
and
internet
advertising
to
the
35
-6-
LSB
2389HV
(1)
90
th/jh
6/
9
H.F.
638
definition
of
“published
material”
as
used
in
Code
chapter
1
68A,
and
strikes
motion
picture
advertising
from
the
2
definition.
“Published
material”,
including
radio
and
internet
3
advertising
under
the
bill,
that
is
designed
to
expressly
4
advocate
the
nomination,
election,
or
defeat
of
a
candidate
5
for
public
office
or
the
passage
or
defeat
of
a
ballot
issue
6
is
required
to
include
an
attribution
statement
disclosing
7
who
is
responsible
for
the
material.
The
bill
requires
the
8
attribution
statement
to
be
clear
and
conspicuous.
For
radio
9
advertising,
the
attribution
statement
must
be
read
in
a
10
clearly
understandable
manner.
11
Under
current
law,
a
member
of
the
general
assembly,
a
public
12
official,
public
employee,
or
candidate,
or
that
person’s
13
immediate
family
member
is
prohibited
from,
directly
or
14
indirectly,
accepting
or
receiving
certain
gifts
or
series
of
15
gifts
from
restricted
donors.
16
Code
section
68B.22
provides
a
number
of
exceptions
to
the
17
general
gift
giving
and
receiving
prohibitions
including
but
18
not
limited
to
authorizing
public
officials,
public
employees,
19
candidates,
and
members
of
the
immediate
family
of
such
persons
20
to
accept
nonmonetary
items
with
a
value
of
$3
or
less
from
21
any
one
donor
during
one
calendar
day.
The
Code
section
also
22
authorizes
a
member
of
the
general
assembly
to
receive
food,
23
beverages,
registration,
or
scheduled
entertainment
with
a
per
24
person
value
of
up
to
$3
from
an
organization
or
association
25
which
has
as
one
of
its
purposes
the
encouragement
of
the
26
passage,
defeat,
introduction,
or
modification
of
legislation.
27
The
bill
increases
the
gift
value
to
$10
and
requires
the
28
value
of
those
gifts
to
be
adjusted
to
reflect
a
change
in
29
value
due
to
inflation
based
on
the
annual
percentage
change
30
in
the
United
States
department
of
labor,
bureau
of
labor
31
statistics,
consumer
price
index
for
all
urban
consumers
for
32
the
midwest
region,
all
items,
or
its
successor
index.
The
33
Iowa
ethics
and
campaign
disclosure
board
must
calculate
and
34
record
the
allowable
monetary
value
changed
due
to
inflation
on
35
-7-
LSB
2389HV
(1)
90
th/jh
7/
9
H.F.
638
January
1,
2024,
and
every
January
1
thereafter.
1
Current
law
requires
the
board
to
annually
elect
one
member
2
to
serve
as
the
chairperson
of
the
board
and
one
member
to
3
serve
as
vice
chairperson.
The
bill
prohibits
the
chairperson
4
and
vice
chairperson
from
being
members
of
the
same
political
5
party.
6
Under
current
law,
the
board
must
employ
a
full-time
7
executive
director
who
is
the
board’s
chief
administrative
8
officer.
The
board
must
also
employ
or
contract
for
the
9
employment
of
legal
counsel
and
any
other
personnel
as
may
10
be
necessary
to
carry
out
the
duties
of
the
board.
The
11
board’s
legal
counsel
is
the
chief
legal
officer
of
the
12
board
and
advises
the
board
on
all
legal
matters
relating
to
13
the
administration
of
Code
chapters
68A
and
68B.
The
bill
14
authorizes
the
board
to
award
the
executive
director,
if
that
15
person
also
serves
as
the
board’s
legal
counsel,
additional
16
compensation.
The
additional
compensation
must
not
annually
17
exceed
50
percent
of
the
maximum
annual
salary
for
the
range
18
established
by
the
general
assembly
for
the
board’s
executive
19
director
position.
20
The
bill
provides
enforcement
provisions
related
to
21
delinquent
civil
penalties
assessed
by
the
board
under
Code
22
section
68B.32,
subsection
1,
paragraph
“h”.
The
bill
requires
23
civil
penalties
to
be
paid
within
30
days
of
the
board’s
order
24
for
a
penalty
unless
a
payment
plan
is
established.
Under
the
25
bill,
a
civil
penalty
that
is
delinquent
for
60
days
or
longer
26
on
or
after
July
1,
2023,
shall
accrue
interest
at
a
rate
of
27
10
percent
per
annum,
compounded
monthly,
beginning
on
July
1,
28
2023,
or
the
date
the
penalty
becomes
delinquent.
29
The
bill
authorizes
the
board
to
send
an
order
to
the
30
department
of
transportation
(DOT)
to
suspend
the
driver’s
31
license
of
a
person
who
was
issued
a
license
in
Iowa,
if
the
32
person
has
a
delinquent
penalty
in
excess
of
$250
and
received
33
notice
as
provided
in
the
bill.
The
bill
requires
the
DOT
34
to
suspend
the
person’s
driver’s
license
within
10
business
35
-8-
LSB
2389HV
(1)
90
th/jh
8/
9
H.F.
638
days
of
receiving
the
board’s
order,
and
then
send
certain
1
notices.
If
a
delinquent
civil
penalty
of
more
than
$250
is
2
owed
by
a
person
who
was
not
issued
a
driver’s
license
in
Iowa,
3
the
board
is
required
to
revoke
any
authority
granted
by
the
4
board
for
the
person
to
operate
a
candidate’s
committee
and
5
a
political
committee
in
Iowa
until
the
person’s
debt
is
no
6
longer
delinquent.
7
The
bill
provides
for
penalties
to
be
waived
and
stayed
under
8
certain
circumstances.
9
-9-
LSB
2389HV
(1)
90
th/jh
9/
9