Senate File 2381 - Introduced
SENATE FILE
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO SSB
3188)
A BILL FOR
1 An Act relating to the expenditure of public funds and funds
2 held in trust by statewide elected officials, members of the
3 general assembly, or local officials on certain forms of
4 advertisement and imposing penalties.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. NEW SECTION. 68A.405A Advertising expenditures
1 2 prior to elections prohibited.
1 3 1. For the purposes of this section:
1 4 a. "Designated communication" means a public advertisement
1 5 or promotion delivered through a paid direct mailing, a paid
1 6 radio communication, or a paid television communication funded
1 7 in whole or in part with public moneys or moneys held in a
1 8 private trust fund as defined by section 8.2, or a trust
1 9 fund controlled by a political subdivision of the state, if
1 10 such paid direct mailing, paid radio communication, or paid
1 11 television communication bears the written name, likeness, or
1 12 voice of a statewide elected official, a member of the general
1 13 assembly, or a local official. "Designated communication" does
1 14 not mean any of the following:
1 15 (1) A report, record, letter, memorandum, document,
1 16 envelope, cover sheet, certificate, constituent correspondence,
1 17 routine ministerial material, or ceremonial material bearing
1 18 the name, official logo, or official letterhead of the office
1 19 of a statewide elected official, a member of the general
1 20 assembly, or local official, provided that such report,
1 21 record, letter, memorandum, document, envelope, cover sheet,
1 22 certificate, routine ministerial material, or ceremonial
1 23 material is used or generated in the course of the statewide
1 24 elected official's, member of the general assembly's, or local
1 25 official's duties.
1 26 (2) A depiction of the great seal of the state of Iowa
1 27 through any medium when such depiction has been approved by the
1 28 office of the governor.
1 29 (3) Official press releases or press advisories issued by
1 30 the office of a statewide elected official, a member of the
1 31 general assembly, or a local official in any form.
1 32 (4) A publication, literature, or other medium of
1 33 communication designed to further the purposes of section
1 34 29C.3.
1 35 (5) A payment made by the office of a statewide elected
2 1 official, the general assembly, or a local official to the
2 2 management of a fair in order to reserve a physical floor space
2 3 at a fairground or grounds as defined by section 174.1 for use
2 4 by the statewide elected official, the general assembly, or
2 5 the local official for a booth or display at a fair event as
2 6 defined in section 174.1.
2 7 b. "Designated exhibit expenditure" means a billboard,
2 8 placard, banner, table skirt, sign, display, or other physical
2 9 structure in excess of one hundred fifty square inches funded
2 10 in whole or in part with public moneys or moneys held in a
2 11 private trust fund as defined in section 8.2, or a trust fund
2 12 controlled by a political subdivision of the state, and placed
2 13 or displayed within or upon a defined physical booth space
2 14 located at a fairground or grounds as defined in section 174.1
2 15 bearing the written name, likeness, or voice of a statewide
2 16 elected official, a member of the general assembly, or a local
2 17 official. "Designated exhibit expenditure" does not mean any
2 18 of the following:
2 19 (1) A report, record, letter, memorandum, document,
2 20 envelope, cover sheet, certificate, constituent correspondence,
2 21 routine ministerial material, or ceremonial material bearing
2 22 the name, official logo, or official letterhead of the office
2 23 of a statewide elected official, a member of the general
2 24 assembly, or local official, provided that such report,
2 25 record, letter, memorandum, document, envelope, cover sheet,
2 26 certificate, routine ministerial material, or ceremonial
2 27 material is used or generated in the course of the statewide
2 28 elected official's, member of the general assembly's, or local
2 29 official's duties.
2 30 (2) A depiction of the great seal of the state of Iowa
2 31 through any medium when such depiction has been approved by the
2 32 office of the governor.
2 33 (3) Official press releases or press advisories issued by
2 34 the office of a statewide elected official, a member of the
2 35 general assembly, or a local official in any form.
3 1 (4) A publication, literature, or other medium of
3 2 communication designed to further the purposes of section
3 3 29C.3.
3 4 (5) A payment made by the office of a statewide elected
3 5 official, the general assembly, or a local official to the
3 6 management of a fair in order to reserve a physical floor space
3 7 at a fairground or grounds as defined by section 174.1 for use
3 8 by the statewide elected official, the general assembly, or
3 9 the local official for a booth or display at a fair event as
3 10 defined in section 174.1.
3 11 c. "Local official" means the same as defined in section
3 12 68B.2.
3 13 d. "Statewide elected official" means the same as defined
3 14 in section 68B.2.
3 15 2. A statewide elected official, a member of the general
3 16 assembly, or a local official shall not make or authorize a
3 17 designated communication or designated exhibit expenditure to
3 18 be made within thirty days before a general election.
3 19 3. A statewide elected official, member of the general
3 20 assembly, or local official who makes or authorizes a
3 21 designated communication or designated exhibit expenditure to
3 22 be made more than thirty days before a general election shall
3 23 clearly affix to the designated communication or designated
3 24 exhibit expenditure an attribution statement disclosing the
3 25 source of the public moneys or moneys held in trust used to
3 26 pay for the designated communication or designated exhibit
3 27 expenditure. An attribution statement is not required to be
3 28 affixed to a designated communication or designated exhibit
3 29 expenditure made using a medium substantially similar to those
3 30 listed in section 68A.405, subsection 2.
3 31 4. An attribution statement required by subsection 3 shall
3 32 be displayed or transmitted as follows:
3 33 a. For a designated communication in the form of a paid
3 34 direct mailing, the attribution statement shall be printed on
3 35 the paid direct mailing and shall include the words "paid for
4 1 by" followed by the exact source of the public moneys or moneys
4 2 held in trust so used to pay for the designated communication
4 3 in question.
4 4 b. For a designated communication in the form of a paid
4 5 radio communication, the attribution statement shall be stated
4 6 clearly and in an understandable manner easily ascertainable by
4 7 the listener of such paid radio communication and shall include
4 8 the words "paid for by" followed by the exact source of the
4 9 public moneys or moneys held in trust so used to pay for the
4 10 designated communication.
4 11 c. For a designated communication in the form of a paid
4 12 television communication, the attribution statement shall
4 13 include the words "paid for by" followed by the exact source
4 14 of the public moneys or moneys held in trust so used to pay for
4 15 the designated communication. Such attribution statement shall
4 16 be displayed on the screen in a clearly readable manner for at
4 17 least four seconds.
4 18 d. For a designated exhibit expenditure requiring an
4 19 attribution statement, the attribution statement shall be
4 20 printed on the billboard, placard, banner, table skirt,
4 21 sign, display, or other physical structure and shall include
4 22 the words "paid for by" followed by the exact source of the
4 23 public moneys or moneys held in trust so used to pay for the
4 24 designated exhibit expenditure.
4 25 5. A person who willfully violates this section shall be
4 26 subject to a civil penalty of an amount up to the amount of
4 27 moneys withdrawn from a public account, private trust fund
4 28 as defined in section 8.2, or trust fund controlled by a
4 29 political subdivision of the state used to fund the designated
4 30 communication or designated exhibit expenditure found to be in
4 31 violation of this section by the board. Such penalty shall be
4 32 determined and assessed by the board and paid into the account
4 33 from which such moneys were withdrawn. Additional criminal or
4 34 civil penalties available under section 68A.701 or established
4 35 by the board pursuant to section 68B.32A may also be determined
5 1 and assessed by the board for violations of this section.
5 2 6. This section shall not apply to any physically printed or
5 3 electronically printed, published, or disseminated materials or
5 4 literature generated by a statewide elected official, member of
5 5 the general assembly, or local official prior to the effective
5 6 date of this Act.
5 7 EXPLANATION
5 8 The inclusion of this explanation does not constitute agreement with
5 9 the explanation's substance by the members of the general assembly.
5 10 This bill prohibits a statewide elected official, defined
5 11 as the governor, lieutenant governor, secretary of state,
5 12 treasurer of state, auditor of state, attorney general, or
5 13 secretary of agriculture; member of the general assembly; or
5 14 local official from expending public moneys or moneys held in
5 15 a trust controlled by the state or a political subdivision on
5 16 designated communications or designated exhibit expenditures
5 17 within 30 days before a general election. The bill defines
5 18 designated communication as a public advertisement or
5 19 promotion delivered through a paid direct mailing, a paid radio
5 20 communication, or a paid television communication if such
5 21 advertisement or promotion bears the written name, likeness, or
5 22 voice of a statewide elected official, member of the general
5 23 assembly, or local official. The bill defines designated
5 24 exhibit expenditure as a billboard, placard, banner, table
5 25 skirt, sign, display, or other physical structure in excess
5 26 of 150 square inches placed or displayed within or upon a
5 27 defined physical booth space located at a fairground or grounds
5 28 as defined in Code section 174.1 bearing the written name,
5 29 likeness, or voice of a statewide elected official, member of
5 30 the general assembly, or local official.
5 31 The bill excludes from the definitions of designated
5 32 communication and designated exhibit expenditure all of the
5 33 following: a report, record, letter, memorandum, document,
5 34 envelope, cover sheet, certificate, constituent correspondence,
5 35 routine ministerial material, or ceremonial material bearing
6 1 the name, official logo, or official letterhead of the office
6 2 of a statewide elected official, a member of the general
6 3 assembly, or local official, provided that such report,
6 4 record, letter, memorandum, document, envelope, cover sheet,
6 5 certificate, routine ministerial material, or ceremonial
6 6 material is used or generated in the course of the statewide
6 7 elected official's, member of the general assembly's, or
6 8 local official's duties; a depiction of the great seal of the
6 9 state of Iowa through any medium when such depiction has been
6 10 approved by the office of the governor; official press releases
6 11 or press advisories issued by the office of a statewide elected
6 12 official, a member of the general assembly, or a local official
6 13 in any form; a publication, literature, or other medium of
6 14 communication related to a proclamation of a state of public
6 15 disorder by the governor; and a payment made by the office of a
6 16 statewide elected official, the general assembly, or a local
6 17 official to the management of a fair in order to reserve a
6 18 physical floor space at a fairground or grounds for use by the
6 19 statewide elected official, the general assembly, or the local
6 20 official for a booth or display at a fair event.
6 21 The bill requires any designated communication or designated
6 22 exhibit expenditure made more than 30 days before a general
6 23 election to include an attribution statement disclosing
6 24 the source of the moneys used to pay for the designated
6 25 communication or designated exhibit expenditure, unless the
6 26 designated communication or designated exhibit expenditure uses
6 27 a medium substantially similar to those found in Code section
6 28 68A.405.
6 29 A person who willfully violates the bill shall be subject
6 30 to a civil penalty of an amount up to the amount of moneys
6 31 withdrawn from a public account, private trust fund as
6 32 defined in Code section 8.2, or trust fund controlled by a
6 33 political subdivision of the state used to fund the designated
6 34 communication or designated exhibit expenditure as found by
6 35 the board. Such penalty shall be determined and assessed by
7 1 the board and paid into the account from which such moneys
7 2 were withdrawn. Any additional criminal or civil penalties
7 3 available under Code section 68A.701 or established by the
7 4 board pursuant to Code section 68B.32A may also be determined
7 5 and assessed by the board for violations of the bill.
7 6 The bill does not apply to any physically printed or
7 7 electronically printed, published, or disseminated materials or
7 8 literature generated by a statewide elected official, member of
7 9 the general assembly, or local official prior to the effective
7 10 date of the bill.
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