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House File 2047 - IntroducedA Bill ForAn Act 1relating to certain campaign communications, providing
2for fees, and providing for penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 68A.405, subsection 1, paragraph a,
2subparagraph (3), Code 2022, is amended to read as follows:
3(3) “Published material” means any newspaper, magazine,
4shopper, outdoor advertising facility, poster, direct mailing,
5brochure, internet site, campaign sign, or any other form of
6printed or electronic general public political advertising
7 material or message. “Published material” includes but is not
8limited to television, radio, social media, video, or motion
9picture advertising.
10 Sec. 2. Section 68A.405, subsection 1, paragraph b, Code
112022, is amended to read as follows:
12b. (1) Except as set out in subsection 2, published
13material or automated or live telephone calls identifying a
14candidate for public office or an elected public official
15or designed to expressly advocate the nomination, election,
16or defeat of a candidate for public office or the passage
17or defeat of a ballot issue shall include on the published
18material or in the telephone call an attribution statement
19disclosing who is responsible for the published material or
20telephone call.
21(2) Automated or live telephone calls made by a person
22or organization for the purpose of gathering information to
23inform or influence a public election campaign shall include a
24disclaimer clearly identifying the name of the caller, the name
25of the person or organization sponsoring the communication,
26and the name and telephone number of an authorized person
27responsible for the communication.
28(2) (3) The person who is responsible for the published
29material or automated or live telephone calls has the sole
30responsibility and liability for the attribution statement
31required by this section.
32 Sec. 3. Section 68A.405, subsection 2, paragraph a, Code
332022, is amended to read as follows:
34a. The editorials or news articles coverage of a newspaper,
35magazine, television or radio station, or other print or
-1-1electronic media that are not paid political advertisements.
2 Sec. 4. Section 68A.405, subsections 3 and 4, Code 2022, are
3amended to read as follows:
43. For television, video, or motion picture advertising,
5the attribution statement shall be displayed on the screen in a
6clearly readable manner for at least four seconds. For radio,
7the attribution statement shall be read at the conclusion of
8the advertisement at a volume and with enunciation to make
9the statement easily understandable. For automated or live
10telephone calls described in subsection 1, paragraph “b”, the
11attribution statement or disclaimer, as applicable, shall
12be read at the conclusion of the call at a volume and with
13enunciation to make the statement easily understandable.
144. The board shall adopt rules relating to the placing of
15an attribution statement on published materials and for the
16reading of attribution statements or disclaimers for radio and
17automated or live telephone calls.
18 Sec. 5. Section 68A.405, Code 2022, is amended by adding the
19following new subsection:
20 NEW SUBSECTION. 5. In addition to the penalty set out
21in section 68A.701, a person who violates this section
22shall be subject to a civil penalty not to exceed the total
23amount of the expenditures made to produce and transmit the
24communication.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill regulates audio or video broadcasts, cable or
29internet transmissions, or automated or live telephone calls
30which are used in political campaigns. The bill expands
31current attribution statement requirements to include but not
32be limited to radio and social media advertisements and certain
33automated or live telephone calls, as described in the bill.
34The bill also requires that a disclaimer be made for certain
35other automated or live telephone calls, as described in the
-2-1bill.
2The bill provides that in addition to the criminal penalty
3set out in current Code section 68A.701, a person who violates
4Code section 68A.405 shall be subject to a civil penalty not
5to exceed the total amount of the expenditures made to produce
6and transmit the communication.
7By operation of law, a person who willfully violates a
8provision of the bill is guilty of a serious misdemeanor, which
9is punishable by confinement for no more than one year and a
10fine of at least $430 but not more than $2,560.
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2for fees, and providing for penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 68A.405, subsection 1, paragraph a,
2subparagraph (3), Code 2022, is amended to read as follows:
3(3) “Published material” means any newspaper, magazine,
4shopper, outdoor advertising facility, poster, direct mailing,
5brochure, internet site, campaign sign, or any other form of
6printed or electronic general public political advertising
7 material or message. “Published material” includes but is not
8limited to television, radio, social media, video, or motion
9picture advertising.
10 Sec. 2. Section 68A.405, subsection 1, paragraph b, Code
112022, is amended to read as follows:
12b. (1) Except as set out in subsection 2, published
13material or automated or live telephone calls identifying a
14candidate for public office or an elected public official
15or designed to expressly advocate the nomination, election,
16or defeat of a candidate for public office or the passage
17or defeat of a ballot issue shall include on the published
18material or in the telephone call an attribution statement
19disclosing who is responsible for the published material or
20telephone call.
21(2) Automated or live telephone calls made by a person
22or organization for the purpose of gathering information to
23inform or influence a public election campaign shall include a
24disclaimer clearly identifying the name of the caller, the name
25of the person or organization sponsoring the communication,
26and the name and telephone number of an authorized person
27responsible for the communication.
28(2) (3) The person who is responsible for the published
29material or automated or live telephone calls has the sole
30responsibility and liability for the attribution statement
31required by this section.
32 Sec. 3. Section 68A.405, subsection 2, paragraph a, Code
332022, is amended to read as follows:
34a. The editorials or news articles coverage of a newspaper,
35magazine, television or radio station, or other print or
-1-1electronic media that are not paid political advertisements.
2 Sec. 4. Section 68A.405, subsections 3 and 4, Code 2022, are
3amended to read as follows:
43. For television, video, or motion picture advertising,
5the attribution statement shall be displayed on the screen in a
6clearly readable manner for at least four seconds. For radio,
7the attribution statement shall be read at the conclusion of
8the advertisement at a volume and with enunciation to make
9the statement easily understandable. For automated or live
10telephone calls described in subsection 1, paragraph “b”, the
11attribution statement or disclaimer, as applicable, shall
12be read at the conclusion of the call at a volume and with
13enunciation to make the statement easily understandable.
144. The board shall adopt rules relating to the placing of
15an attribution statement on published materials and for the
16reading of attribution statements or disclaimers for radio and
17automated or live telephone calls.
18 Sec. 5. Section 68A.405, Code 2022, is amended by adding the
19following new subsection:
20 NEW SUBSECTION. 5. In addition to the penalty set out
21in section 68A.701, a person who violates this section
22shall be subject to a civil penalty not to exceed the total
23amount of the expenditures made to produce and transmit the
24communication.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill regulates audio or video broadcasts, cable or
29internet transmissions, or automated or live telephone calls
30which are used in political campaigns. The bill expands
31current attribution statement requirements to include but not
32be limited to radio and social media advertisements and certain
33automated or live telephone calls, as described in the bill.
34The bill also requires that a disclaimer be made for certain
35other automated or live telephone calls, as described in the
-2-1bill.
2The bill provides that in addition to the criminal penalty
3set out in current Code section 68A.701, a person who violates
4Code section 68A.405 shall be subject to a civil penalty not
5to exceed the total amount of the expenditures made to produce
6and transmit the communication.
7By operation of law, a person who willfully violates a
8provision of the bill is guilty of a serious misdemeanor, which
9is punishable by confinement for no more than one year and a
10fine of at least $430 but not more than $2,560.
-3-ss/jh