Amendment vs bill Amendment H-8184 vs Introduced

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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 disclosure board, including campaign finance filings, attribution statements, and delinquent payment penalties.
House File 2168 H-8184 Amend the amendment, H-8119, to House File 2168, as follows:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 2389HZ (2) 90 th/jh H.F.
2168 Section 1.
Section 68A.201, subsection 2, paragraphs a and b, Code 2024, are amended to read as follows:
a.
The name, purpose, mailing address, electronic mail address, and telephone number of the committee.
The committee name shall not duplicate the name of another committee organized under this section.
For candidate’s committees filing initial statements of organization on or after July 1, 1995, the candidate’s name shall be contained within the committee name.
b.
The name, mailing address, electronic mail address, and position of the committee officers.
Sec.
2.
Section 68A.201A, subsection 6, Code 2024, is amended to read as follows:
6.
The verified statement shall be filed by 4:30 in an electronic format no later than 11:59 p.m.
of the day the filing is due.
Sec.
3.
Section 68A.401, subsection 1, paragraph a, Code 2024, is amended to read as follows:
a.
A state statutory political committee, a county statutory political committee, a political committee, and a candidate’s committee shall file all statements and reports in an electronic format by 4:30 no later than 11:59 p.m.
of the day the filing is due and according to rules adopted by the board.
Sec.
4.
Section 68A.405, subsection 1, paragraph a, subparagraph (3), Code 2024, is amended to read as follows:
(3) “Published material” means any newspaper, magazine, shopper, outdoor advertising facility, poster, direct mailing, brochure, internet site, campaign sign, or any other form of printed or electronic general public political advertising.
“Published material” includes radio, television, video, or motion picture internet advertising.
Sec.
5.
Section 68A.405, subsection 1, paragraph b, subparagraph (1), Code 2024, is amended to read as follows:
(1) Except as set out in subsection 2, published material designed to expressly advocate the nomination, election, LSB 2389HZ (2) 90 -1- th/jh 1/8 H.F.
2168 or defeat of a candidate for public office or the passage or defeat of a ballot issue shall include on the published material an a clear and conspicuous attribution statement disclosing who is responsible for the published material.
Sec.
6.
Section 68A.405, subsection 3, Code 2024, is amended to read as follows:
3.
For television, or video, or motion picture advertising, the attribution statement shall be displayed on the screen in a clearly readable manner for at least four seconds.
For radio advertising, the attribution statement shall be read in a clearly understandable manner.
Sec.
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7.
Section 68B.32, subsections 3 and 5, Code 2024, are amended to read as follows:
3.
The board shall annually elect one member to serve as the chairperson of the board and one member to serve as vice chairperson.
The vice chairperson shall act as the chairperson in the absence or disability of the chairperson or in the event of a vacancy in that office.
The chairperson and vice chairperson shall not be members of the same political party.
5.
The board shall employ a full-time executive director who shall be the board’s chief administrative officer.
The board shall employ or contract for the employment of legal counsel notwithstanding section 13.7, and any other personnel as may be necessary to carry out the duties of the board.
The board’s legal counsel shall be the chief legal officer of the board and shall advise the board on all legal matters relating to the administration of this chapter and chapter 68A.
The state may be represented by the board’s legal counsel in any civil action regarding the enforcement of this chapter or chapter 68A, or at the board’s request, the state may be represented by the office of the attorney general.
Notwithstanding section 8A.412, all of the board’s employees, except for the executive director and legal counsel, shall be employed subject to the merit system provisions of chapter 8A, subchapter IV.
The salary of the executive director shall be fixed by the board, within the LSB 2389HZ (2) 90 -2- th/jh 2/8 H.F.
2168 range established by the general assembly.
The salary of the legal counsel shall be fixed by the board, within a salary range established by the department of administrative services for a position requiring similar qualifications and experience.
If the executive director also serves as the board’s legal counsel, the board may award the executive director additional compensation which shall not annually exceed fifty percent of the maximum annual salary for the range established by the general assembly for the board’s executive director position.
Sec.
8.
NEW SECTION.
68B.32E Delinquent penalties —— enforcement.
A civil penalty assessed by the board under section 68B.32D, subsection 1, paragraph “h”, shall be paid no later than thirty days after the order is issued.
Page 1, by striking lines 2 through 23 and inserting:
A civil penalty is delinquent if the full amount of the civil penalty has not been timely paid.
<___.
2.
Page 3, lines 10 and 11, by striking <—— enforcement> ___.
a.
Page 4, by striking lines 1 through 23.
In lieu of paying the full amount of the civil penalty within thirty days, a person may enter into an installment payment plan.
___.
A payment plan must be agreed to in writing and signed by the board’s executive director and the person owing the civil penalty.
Page 4, line 24, by striking <7.> and inserting <4.> ___.
The payment plan must include a payment schedule with the payment dates described.
Page 4, line 28, by striking <8.> and inserting <5.> ___.
The payment plan must be established no later than thirty days after the issuance of the order requiring the person to pay a civil penalty, as provided under section 68B.32D, subsection 1, paragraph “h”.
Page 4, line 30, by striking <9.> and inserting <6.> ___.
b.
By striking page 4, line 33, through page 5, line 26.> 2.
If a payment plan is established, the civil penalty is delinquent if an installment payment is not paid within thirty days of the payment date provided in the payment plan.
By renumbering as necessary.
3.
______________________________ HARRIS of Appanoose H 8119.3591 (2) 90 -1- th/jh 1/1
If a civil penalty is delinquent for sixty days or longer on or after July 1, 2024, the board shall assess a late fee once each month, beginning on the later of July 1, 2024, and the date the civil penalty becomes delinquent.
The late fee must be assessed in accordance with rules adopted by the board.
The board may waive any assessed late fee.
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2168 4.
If a civil penalty remains delinquent for thirty days or longer, the board shall send final notice to the person owing the civil penalty.
Such notice shall be sent via restricted certified mail, and must include notice of the applicable action provided in subsection 5 or 6.
5.
a.
If a civil penalty owed by a person who was issued a driver’s license in this state is delinquent under subsection 1 or 2, and if the person owes two hundred fifty dollars or more, the board shall notify the department of transportation to suspend the person’s driver’s license in accordance with section 321.210E until the civil penalty is no longer delinquent.
b.
If the civil penalty owed by the person is no longer delinquent, the board shall notify the department of transportation to terminate the suspension of the person’s driver’s license in accordance with section 321.210E.
6.
If a civil penalty owed by a person who was not issued a driver’s license in this state is delinquent under subsection 1 or 2, and if the person owes two hundred fifty dollars or more, the board shall revoke any authority granted by the board for the person to operate a candidate’s committee and a political committee in this state until the person’s debt is no longer delinquent.
7.
Any penalty shall be stayed if an appeal is pending for the underlying matter for which the person was issued a civil penalty.
For the duration of the stay, the penalty shall not be deemed delinquent and is not subject to a late fee.
8.
The board may waive collection of a penalty owed in circumstances where collection is impracticable.
9.
This section does not prohibit the board from taking alternative enforcement actions permitted by this chapter or chapter 17A.
Sec.
9.
NEW SECTION.
321.210E Suspension for delinquent civil penalties owed to the Iowa ethics and campaign disclosure board.
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2168 Upon receipt of notice from the Iowa ethics and campaign disclosure board and in accordance with applicable rules adopted by the department, the department shall suspend the driver’s license of a person who owes a delinquent civil penalty under section 68B.32E.
The suspension shall continue until the department receives notice from the Iowa ethics and campaign disclosure board that the person no longer owes a delinquent civil penalty.
Upon receipt of such notice from the Iowa ethics and campaign disclosure board, and payment of the reinstatement fee provided under section 321.191, the department shall terminate the suspension and reinstate the person’s driver’s license if the person is otherwise eligible to be issued a driver’s license.
Sec.
10.
Section 321.212, subsection 1, paragraph a, subparagraph (1), Code 2024, is amended to read as follows:
(1) Except as provided in section 321.210A, 321.210E, or 321.513, the department shall not suspend a license for a period of more than one year, except that a license suspended because of incompetency to drive a motor vehicle shall be suspended until the department receives satisfactory evidence that the former holder is competent to operate a motor vehicle and a refusal to reinstate constitutes a denial of license within section 321.215;
upon revoking a license the department shall not grant an application for a new license until the expiration of one year after the revocation, unless another period is specified by law.
EXPLANATION The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly.
This bill relates to matters before the Iowa ethics and campaign disclosure board (board).
The bill requires a political committee and a candidate’s committee to provide an electronic mail address along with the name, purpose, mailing address, and telephone number of the committee when the committee files a statement of organization LSB 2389HZ (2) 90 -5- th/jh 5/8 H.F.
2168 with the board.
When a committee or organization is not organized under Code section 68A.201, such committee officers are also required to provide an electronic mail address when filing full disclosure reports of all financial activities with the federal election commission or another state’s disclosure commission.
The bill extends the deadline for required filings to be submitted electronically to the board from 4:30 p.m.
to 11:59 p.m.
on the day the filings are due.
By operation of law, in computing time, the first day is excluded and the last included, unless the last falls on Sunday or holiday, in which case the time prescribed is extended so as to include the whole of the following Monday, or day after the holiday, as applicable.
The bill adds radio and internet advertising to the definition of “published material” as used in Code chapter 68A, and strikes motion picture advertising from the definition.
“Published material”, including radio and internet advertising under the bill, that is designed to expressly advocate the nomination, election, or defeat of a candidate for public office or the passage or defeat of a ballot issue is required to include an attribution statement disclosing who is responsible for the material.
The bill requires the attribution statement to be clear and conspicuous.
For radio advertising, the attribution statement must be read in a clearly understandable manner.
Current law requires the board to annually elect one member to serve as the chairperson of the board and one member to serve as vice chairperson.
The bill prohibits the chairperson and vice chairperson from being members of the same political party.
Under current law, the board must employ a full-time executive director who is the board’s chief administrative officer.
The board must also employ or contract for the employment of legal counsel and any other personnel as may LSB 2389HZ (2) 90 -6- th/jh 6/8 H.F.
2168 be necessary to carry out the duties of the board.
The board’s legal counsel is the chief legal officer of the board and advises the board on all legal matters relating to the administration of Code chapters 68A and 68B.
The bill authorizes the board to award the executive director, if that person also serves as the board’s legal counsel, additional compensation.
The additional compensation must not annually exceed 50 percent of the maximum annual salary for the range established by the general assembly for the board’s executive director position.
The bill provides enforcement provisions related to delinquent civil penalties assessed by the board under Code section 68B.32, subsection 1, paragraph “h”.
The bill requires civil penalties to be paid within 30 days of the board’s order for a penalty unless a payment plan is established.
Under the bill, the board is authorized to adopt administrative rules and assess a late fee once each month in addition to a civil penalty that is delinquent for 60 days or longer on or after July 1, 2024.
The bill authorizes the board to notify the department of transportation (DOT) to suspend the driver’s license of a person who was issued a license in Iowa, if the person has a delinquent penalty in excess of $250 and received notice as provided in the bill.
Under current administrative rules, the DOT must send notice to a person whose driver’s license will be suspended for nonpayment of a fine, penalty, surcharge, or court costs (761 IAC 615.22).
The suspension begins 30 days after the notice is served and continues until the DOT issues a notice terminating the suspension.
If a delinquent civil penalty of more than $250 is owed by a person who was not issued a driver’s license in Iowa, the board is required to revoke any authority granted by the board for the person to operate a candidate’s committee and a political committee in Iowa until the person’s debt is no longer delinquent.
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2168 The bill provides for penalties to be waived and stayed under certain circumstances.
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