Senate File 2236 - Reprinted SENATE FILE 2236 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 3077) (As Amended and Passed by the Senate March 14, 2012 ) A BILL FOR An Act relating to the procedures and duties of the Iowa ethics 1 and campaign disclosure board relating to campaign finance 2 and to county redistricting and making penalties applicable 3 and including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 SF 2236 (3) 84 jr/sc/jh
S.F. 2236 Section 1. Section 8.7, Code Supplement 2011, is amended to 1 read as follows: 2 8.7 Reporting of gifts and bequests received. 3 All gifts and bequests received by a department or accepted 4 by the governor on behalf of the state shall be reported in an 5 electronic format to the Iowa ethics and campaign disclosure 6 board and the general assembly’s standing committees on 7 government oversight. The reports are required only if gifts 8 are received and shall be filed no later than the tenth day of 9 the month for all gifts and bequests received in the previous 10 month. The ethics and campaign disclosure board shall, by 11 January 31 of each year, submit to the fiscal services division 12 of the legislative services agency a written report listing 13 all gifts and bequests received during the previous calendar 14 year with a value over one thousand dollars and the purpose for 15 each such gift or bequest. The submission shall also include 16 a listing of all gifts and bequests received by a department 17 from a person if the cumulative value of all gifts and bequests 18 received by the department from the person during the previous 19 calendar year exceeds one thousand dollars, and the ethics and 20 campaign disclosure board shall include, if available, the 21 purpose for each such gift or bequest. However, the reports on 22 gifts or bequests filed by the state board of regents and the 23 Iowa state fair board pursuant to section 8.44 shall be deemed 24 sufficient to comply with the requirements of this section . 25 Sec. 2. Section 68A.102, Code 2011, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 5A. “Charitable organization” means an 28 organization that is described in section 501(c)(3) of the 29 Internal Revenue Code that is exempt from taxation under 30 section 501(a) of the Internal Revenue Code. 31 Sec. 3. Section 68A.201, subsection 1, Code 2011, is amended 32 to read as follows: 33 1. a. Every committee, as defined in this chapter , shall 34 file a statement of organization within ten days from the date 35 -1- SF 2236 (3) 84 jr/sc/jh 1/ 6
S.F. 2236 of its organization. Unless formal organization has previously 1 occurred, a committee is deemed to have organized as of the 2 date that committee transactions exceed the financial activity 3 threshold established in section 68A.102, subsection 5 or 4 18 . If committee transactions exceed the financial activity 5 threshold prior to the due date for filing a disclosure report 6 as established under section 68A.402 , the committee shall file 7 a disclosure report whether or not a statement of organization 8 has been filed by the committee. 9 b. A person that makes one or more independent expenditures 10 and files all statements and reports required by section 11 68A.404 shall not be required to organize a committee or file 12 the statement of organization required under this section. 13 Sec. 4. Section 68A.401A, subsection 1, unnumbered 14 paragraph 1, Code 2011, is amended to read as follows: 15 A political organization that is required to file reports 16 with the internal revenue service, pursuant to 26 U.S.C. § 527, 17 Any person, other than a committee filing reports under section 18 68A.402 or a person making an independent expenditure under 19 section 68A.404, shall file , in electronic format, a report 20 with the board if that organization person does both of the 21 following: 22 Sec. 5. Section 68A.401A, subsection 2, paragraph b, Code 23 2011, is amended to read as follows: 24 b. The name and address, and, in the case of an individual, 25 the occupation and name of employer of such individual, of 26 all contributors which contributed an aggregate amount of two 27 hundred dollars or more to the organization person making or 28 disseminating the communication during the calendar year and 29 the amount and date of the contribution. 30 Sec. 6. Section 68A.401A, subsection 4, Code 2011, is 31 amended to read as follows: 32 4. The term “issue advocacy” means any print, radio, 33 televised, telephonic, or electronic communication in any 34 form or content, which is disseminated to the general public 35 -2- SF 2236 (3) 84 jr/sc/jh 2/ 6
S.F. 2236 or a segment of the general public, that refers to a clearly 1 identified candidate for the general assembly or statewide 2 office . 3 Sec. 7. Section 68A.404, subsection 2, paragraph a, Code 4 2011, is amended to read as follows: 5 a. An entity A person , other than an individual or 6 individuals, shall not make an independent expenditure or 7 disburse funds from its treasury to pay for, in whole or in 8 part, an independent expenditure made by another person without 9 the authorization of a majority of the entity’s person’s board 10 of directors, executive council, or similar organizational 11 leadership body of the use of treasury funds for an independent 12 expenditure involving a candidate or ballot issue committee. 13 Such authorization must occur in the same calendar year in 14 which the independent expenditure is incurred. 15 Sec. 8. Section 68A.404, subsection 3, paragraphs a and b, 16 Code 2011, are amended to read as follows: 17 a. Subject to paragraph “b” , the person filing the 18 independent expenditure statement shall file reports under 19 sections 68A.402 and 68A.402A . An initial report shall 20 be filed at the same time as the independent expenditure 21 statement. Subsequent reports shall be filed according to 22 the same schedule as the office or election to which the 23 independent expenditure was directed. 24 (1) A supplemental report shall be filed on the same dates 25 as in section 68A.402, subsection 2 , paragraph “b” , if the 26 person making the independent expenditure either raises or 27 expends more than one thousand dollars. 28 (2) A report filed as a result of this paragraph “a” shall 29 not require the identification of individual members who 30 pay dues to a labor union, organization, or association, or 31 individual stockholders of a business corporation. A report 32 filed as a result of this paragraph “a” shall not require the 33 disclosure of any donor or other source of funding to the 34 person making the independent expenditure except when the 35 -3- SF 2236 (3) 84 jr/sc/jh 3/ 6
S.F. 2236 donation or source of funding, or a portion of the donation or 1 source of funding, was provided for the purpose of furthering 2 the independent expenditure include the name and address of 3 each person who has made one or more contributions to the 4 person making the independent expenditure when the aggregate 5 amount in a calendar year is two hundred dollars or more, and 6 the amount and date of each contribution . 7 b. This section does not apply to a candidate, candidate’s 8 committee, state statutory political committee, county 9 statutory political committee, or a political committee. 10 This section does not apply to a federal committee or an 11 out-of-state committee that makes an independent expenditure. 12 A person that makes one or more independent expenditures and 13 files all statements and reports required by this section shall 14 not be required to organize a committee or file the statement 15 of organization required under section 68A.201. 16 Sec. 9. Section 68A.404, subsection 5, paragraph g, Code 17 2011, is amended to read as follows: 18 g. A certification by an officer of the corporation 19 representing the person, if the person is other than an 20 individual or individuals, that the board of directors, 21 executive council, or similar organizational leadership body 22 expressly authorized the independent expenditure or use of 23 treasury funds for the independent expenditure by resolution 24 or other affirmative action within the calendar year when the 25 independent expenditure was incurred. 26 Sec. 10. Section 68A.405, subsection 1, paragraph a, 27 subparagraph (3), Code 2011, is amended to read as follows: 28 (3) “Published material” means any newspaper, magazine, 29 shopper, outdoor advertising facility, poster, direct mailing, 30 brochure, internet website, campaign sign, or any other form 31 of printed general public political advertising. “Published 32 material” includes television, video, or motion picture 33 advertising , or automated or live telephone calls . 34 Sec. 11. Section 68A.405, subsection 3, Code 2011, is 35 -4- SF 2236 (3) 84 jr/sc/jh 4/ 6
S.F. 2236 amended to read as follows: 1 3. For television, video, or motion picture advertising, 2 the attribution statement shall be displayed on the screen 3 in a clearly readable manner for at least four seconds. For 4 automated or live telephone calls, the attribution statement 5 shall be clearly enunciated. 6 Sec. 12. NEW SECTION . 68B.22A Reporting of gifts from 7 restricted donors. 8 1. All officials and employees of the executive branch of 9 the state of Iowa shall report to the board in an electronic 10 format any gift or series of gifts from a restricted donor that 11 exceed one hundred dollars in the aggregate in a calendar year. 12 2. The report shall be filed no later than the tenth day 13 of the month for gifts received by the official or employee or 14 that person’s immediate family member in the previous month. 15 3. The report shall include the name of the official or 16 employee, the person’s position or title with the executive 17 branch, the name and address of the restricted donor, a 18 description of the gift, the estimated value of the gift, and 19 the exception in section 68B.22, subsection 4, that allows the 20 official or employee to accept, directly or indirectly, the 21 gift. 22 4. The report shall include the name of any open candidate’s 23 committee established for the person. Campaign contributions 24 shall not be included in the report if such contributions are 25 disclosed on the candidate’s committee’s disclosure reports. 26 Sec. 13. Section 331.210A, subsection 2, paragraph e, Code 27 2011, is amended by adding the following new subparagraph: 28 NEW SUBPARAGRAPH . (4) Members of the temporary county 29 redistricting commission shall retain all of their work 30 product relating to the redistricting process or plan until the 31 state commissioner of elections has approved the plan and any 32 complaint alleging the plan was drawn for improper political 33 reasons has been resolved. Work product includes but is not 34 limited to any written or electronic communication with any 35 -5- SF 2236 (3) 84 jr/sc/jh 5/ 6
S.F. 2236 person regarding the redistricting process or plan. 1 Sec. 14. EFFECTIVE UPON ENACTMENT. This Act, being deemed 2 of immediate importance, takes effect upon enactment. 3 -6- SF 2236 (3) 84 jr/sc/jh 6/ 6