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House Study Bill 589 - IntroducedA Bill ForAn Act 1relating to the expenditure of public funds and funds
2held in trust by statewide elected officials or local
3officials on certain forms of advertisement and imposing
4penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 68A.405A Certain advertising
2expenditures prior to certain elections prohibited.
31. a. A statewide elected official or local official shall
4not expend public moneys or moneys held in a private trust
5fund as defined in section 8.2 or a trust fund controlled by
6a political subdivision of the state on any advertisement,
7including but not limited to a paid television advertisement,
8paid mailing, brochure, or exhibit at a fair event as defined
9in section 174.1, containing the name or likeness of the
10statewide elected official or local official. For the purposes
11of this section, “statewide elected official” and “local
12official” mean as defined in section 68B.2. “Advertisement”
13does not include any of the following:
14(1) Maps, signs, or other materials produced in the
15ordinary course of business by the department of transportation
16containing the name or likeness of a statewide elected official
17or local official.
18(2) Public letterhead on an envelope or paper.
19b. The board shall have the authority to determine whether
20an item constitutes an advertisement or contains the likeness
21of a statewide elected official or local official, except that
22likeness shall not include the name of a statewide elected
23official or local official when accompanied by the signature of
24such an official and affixed to a letter.
252. A statewide elected official or local official using
26public moneys or moneys held in a private trust fund as defined
27in section 8.2 or a trust fund controlled by a political
28subdivision of the state to pay for an advertisement not
29containing the statewide elected official’s or local official’s
30likeness shall include in the advertisement a statement
31disclosing the source of the public moneys or moneys held in a
32trust fund used to pay for the advertisement.
333. A person who violates this section shall be subject to a
34civil penalty of an amount equal to the money withdrawn from a
35public account, private trust fund as defined in section 8.2,
-1-1or trust fund controlled by a political subdivision of the
2state, to be imposed by the board and paid into the account
3from which the money was withdrawn, in addition to the criminal
4penalty in section 68A.701 and the penalties established by the
5board pursuant to section 68B.32A.
6 Sec. 2. Section 68A.505, subsection 1, Code 2018, is amended
7to read as follows:
81. The state and the governing body of a county, city, or
9other political subdivision of the state shall not expend or
10permit the expenditure of public moneys for political purposes,
11including expressly advocating the passage or defeat of a
12ballot issue, and shall not expend or permit the expenditure of
13public moneys or moneys held in a private trust fund as defined
14in section 8.2 or a trust fund controlled by a political
15subdivision of the state on any advertisement including but
16not limited to a paid television advertisement, paid mailing,
17brochure, or exhibit at a fair event as defined in section
18174.1, containing the name or likeness as defined in section
1968A.405A of a statewide elected official or local official as
20defined in section 68B.2. “Advertisement” does not include any
21of the following:
22a. Maps, signs, or other materials produced in the ordinary
23course of business by the department of transportation
24containing the name or likeness of a statewide elected official
25or local official.
26b. Public letterhead on an envelope or paper.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30This bill prohibits a statewide elected official, defined
31as the governor, lieutenant governor, secretary of state,
32treasurer of state, auditor of state, attorney general, or
33secretary of agriculture, or local official from expending
34public moneys or moneys held in a trust controlled by the state
35or a political subdivision on advertisements in which that
-2-1statewide elected official’s name or likeness will appear.
2The bill also requires advertisements paid for with public
3moneys or moneys held in trust not containing the statewide
4elected official’s or local official’s likeness to include
5a statement disclosing the source of the moneys used to pay
6for the advertisement. Advertisements do not include maps,
7signs, or other materials produced in the normal course of
8business by the department of transportation, public letterhead
9on envelopes or papers, or stickers placed on gasoline pumps
10pursuant to department of agriculture and land stewardship
11rule.
12A person who violates the section of the bill prohibiting
13certain advertisement by state and local officials is subject
14to penalties established pursuant to Code section 68B.32A,
15subsections 9 and 19, and must repay the trust fund or public
16account from which the money was withdrawn. Any person who
17willfully violates either portion of this bill is also guilty
18of a serious misdemeanor pursuant to Code section 68A.701. A
19serious misdemeanor is punishable by confinement for no more
20than one year and a fine of at least $315 but not more than
21$1,875.
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2held in trust by statewide elected officials or local
3officials on certain forms of advertisement and imposing
4penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 68A.405A Certain advertising
2expenditures prior to certain elections prohibited.
31. a. A statewide elected official or local official shall
4not expend public moneys or moneys held in a private trust
5fund as defined in section 8.2 or a trust fund controlled by
6a political subdivision of the state on any advertisement,
7including but not limited to a paid television advertisement,
8paid mailing, brochure, or exhibit at a fair event as defined
9in section 174.1, containing the name or likeness of the
10statewide elected official or local official. For the purposes
11of this section, “statewide elected official” and “local
12official” mean as defined in section 68B.2. “Advertisement”
13does not include any of the following:
14(1) Maps, signs, or other materials produced in the
15ordinary course of business by the department of transportation
16containing the name or likeness of a statewide elected official
17or local official.
18(2) Public letterhead on an envelope or paper.
19b. The board shall have the authority to determine whether
20an item constitutes an advertisement or contains the likeness
21of a statewide elected official or local official, except that
22likeness shall not include the name of a statewide elected
23official or local official when accompanied by the signature of
24such an official and affixed to a letter.
252. A statewide elected official or local official using
26public moneys or moneys held in a private trust fund as defined
27in section 8.2 or a trust fund controlled by a political
28subdivision of the state to pay for an advertisement not
29containing the statewide elected official’s or local official’s
30likeness shall include in the advertisement a statement
31disclosing the source of the public moneys or moneys held in a
32trust fund used to pay for the advertisement.
333. A person who violates this section shall be subject to a
34civil penalty of an amount equal to the money withdrawn from a
35public account, private trust fund as defined in section 8.2,
-1-1or trust fund controlled by a political subdivision of the
2state, to be imposed by the board and paid into the account
3from which the money was withdrawn, in addition to the criminal
4penalty in section 68A.701 and the penalties established by the
5board pursuant to section 68B.32A.
6 Sec. 2. Section 68A.505, subsection 1, Code 2018, is amended
7to read as follows:
81. The state and the governing body of a county, city, or
9other political subdivision of the state shall not expend or
10permit the expenditure of public moneys for political purposes,
11including expressly advocating the passage or defeat of a
12ballot issue, and shall not expend or permit the expenditure of
13public moneys or moneys held in a private trust fund as defined
14in section 8.2 or a trust fund controlled by a political
15subdivision of the state on any advertisement including but
16not limited to a paid television advertisement, paid mailing,
17brochure, or exhibit at a fair event as defined in section
18174.1, containing the name or likeness as defined in section
1968A.405A of a statewide elected official or local official as
20defined in section 68B.2. “Advertisement” does not include any
21of the following:
22a. Maps, signs, or other materials produced in the ordinary
23course of business by the department of transportation
24containing the name or likeness of a statewide elected official
25or local official.
26b. Public letterhead on an envelope or paper.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30This bill prohibits a statewide elected official, defined
31as the governor, lieutenant governor, secretary of state,
32treasurer of state, auditor of state, attorney general, or
33secretary of agriculture, or local official from expending
34public moneys or moneys held in a trust controlled by the state
35or a political subdivision on advertisements in which that
-2-1statewide elected official’s name or likeness will appear.
2The bill also requires advertisements paid for with public
3moneys or moneys held in trust not containing the statewide
4elected official’s or local official’s likeness to include
5a statement disclosing the source of the moneys used to pay
6for the advertisement. Advertisements do not include maps,
7signs, or other materials produced in the normal course of
8business by the department of transportation, public letterhead
9on envelopes or papers, or stickers placed on gasoline pumps
10pursuant to department of agriculture and land stewardship
11rule.
12A person who violates the section of the bill prohibiting
13certain advertisement by state and local officials is subject
14to penalties established pursuant to Code section 68B.32A,
15subsections 9 and 19, and must repay the trust fund or public
16account from which the money was withdrawn. Any person who
17willfully violates either portion of this bill is also guilty
18of a serious misdemeanor pursuant to Code section 68A.701. A
19serious misdemeanor is punishable by confinement for no more
20than one year and a fine of at least $315 but not more than
21$1,875.
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