Amendment H-8303 to HF 2643

Filed June 12, 2020 in the House by

What it changes

1. Page 13, after line 34 by inserting: “DIVISION ___ OVERSIGHT BY LEGISLATIVE COUNCIL Sec. ___. OVERSIGHT BY LEGISLATIVE COUNCIL. For the fiscal year beginning July 1, 2020, and ending June 30, 2021, all of the following apply:
2. On or before September 30, 2020, and on or before December 31, 2020, the department of management shall submit to the legislative council a detailed list of all expenditures made from moneys received by the state from the federal coronavirus relief fund created pursuant to the federal Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136. In addition, the department of management shall notify the legislative council of any contract or agreement with a private entity for the expenditure of such moneys, including the name of the private entity and the amount to be expended, within fourteen days after the contract or agreement takes effect.
3. The department of management shall not expend more than $10,000,000 collectively during the fiscal year on any one contract, agreement, or purpose without the approval of the legislative council.
4. The department of management shall not make an interdepartmental or intradepartmental transfer under section 8.39 of more than $2,000,000 or otherwise transfer more than $2,000,000 collectively during the fiscal year from any one fund or account to any other fund or account without the approval of the legislative council. DIVISION ___ COMPETITIVE BIDDING Sec. ___. COMPETITIVE BIDDING REINSTATEMENT. Notwithstanding any provision of a proclamation of disaster emergency issued by the governor during 2020 relating to COVID-19 to the contrary, competitive bidding procedures -1- H8276.4429 (2) 88 ns/tm 1/ 13 otherwise required for state agencies pursuant to Code chapters 8A and 8B shall be followed and not be altered or waived unless for an immediate public health need. Sec. ___. EFFECTIVE DATE. This division of this Act, being deemed of immediate importance, takes effect upon enactment. DIVISION ___ FEDERAL FUND PREFERENCE Sec. ___. IOWA BUSINESSES —— FEDERAL FUND PREFERENCE. As a condition of expending any money received from the federal coronavirus relief fund created pursuant to the federal Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136, any state agency authorized to enter into a contract to expend such funds shall give first preference in awarding a contract to an Iowa-based business. Sec. ___. EFFECTIVE DATE. This division of this Act, being deemed of immediate importance, takes effect upon enactment. DIVISION ___ COMPLIANCE —— AMERICANS WITH DISABILITIES ACT Sec. ___. COMPLIANCE —— AMERICANS WITH DISABILITIES ACT. Any public or private entity that is the ultimate recipient of federal funds received and disbursed by the state shall comply with the federal Americans with Disabilities Act of 1990, 42 U.S.C. §12101 et seq., as a condition of receiving the federal funds from the state. DIVISION ___ COVID-19 FUNDING ANNOUNCEMENT RESTRICTIONS Sec. ___. COVID-19 FUNDING —— ANNOUNCEMENT. The governor or any other person of the executive branch shall not announce the award of federal funding related to COVID-19 within six weeks before or on the day of a general election or within six weeks before the commencement of absentee voting for a general election or during the absentee-voting period for a general election. DIVISION ___ CAMPAIGN CONTRIBUTION DISCLOSURE BY PUBLIC BOARD MEMBERS -2- H8276.4429 (2) 88 ns/tm 2/ 13 Sec. ___. Section 7E.8, Code 2020, is amended to read as follows: 7E.8 Members of boards, committees, commissions, and councils —— disclosure requirements.
5. A member of any board, committee, commission, or council who was subject to senate confirmation pursuant to section 2.32 shall disclose to the appointing authority for that board, committee, commission, or council if the member has filed subsequent to senate confirmation a registration statement pursuant to the federal Foreign Agents Registration Act of 1938, as amended, 22 U.S.C. §611 et seq.
6. A member of any board, committee, commission, or council who makes a contribution as defined in section 68A.102 shall report such contribution to the Iowa ethics and campaign disclosure board established under section 68B.32 in a form prescribed by the Iowa ethics and campaign disclosure board by rule. DIVISION ___ PUBLIC EMPLOYMENT OF GENERAL ASSEMBLY MEMBERS Sec. ___. NEW SECTION . 68B.9 Public employment of members of the general assembly —— advertising requirements. A member of the general assembly, both during and after the termination of service, shall not accept employment with an agency or the judicial branch unless the position that the member accepts was conspicuously posted for at least thirty days on the agency’s or judicial branch’s internet site and was otherwise advertised in a manner typical for similar positions at the agency or judicial branch. Sec. ___. Section 68B.34, Code 2020, is amended to read as follows: 68B.34 Additional penalty. In addition to any penalty contained in any other provision of law, a person who knowingly and intentionally violates a provision of sections 68B.2A through 68B.8 68B.9 , sections 68B.22 through 68B.24 , or sections 68B.35 through 68B.38 -3- H8276.4429 (2) 88 ns/tm 3/ 13 is guilty of a serious misdemeanor and may be reprimanded, suspended, or dismissed from the person’s position or otherwise sanctioned. Sec. ___. APPLICABILITY. The following applies to employment entered into between a member of the general assembly and an agency or the judicial branch on or after the effective date of this division of this Act: The section of this Act enacting section 68B.9. DIVISION ___ OPEN MEETINGS AND PUBLIC RECORDS Sec. ___. Section 21.2, subsection 1, Code 2020, is amended by adding the following new paragraph: NEW PARAGRAPH . k. A group self-insurance program that was established in 1986 that provides liability insurance pursuant to section 670.7 to at least fifty percent of the counties in this state. Sec. ___. Section 22.1, subsection 1, Code 2020, is amended to read as follows:
7. “Government body” means this state, or any county, city, township, school corporation, political subdivision, tax-supported district, nonprofit corporation other than a fair conducting a fair event as provided in chapter 174 , whose facilities or indebtedness are supported in whole or in part with property tax revenue and which is licensed to conduct pari-mutuel wagering pursuant to chapter 99D ; the governing body of a drainage or levee district as provided in chapter 468 , including a board as defined in section 468.3 , regardless of how the district is organized; a group self-insurance program that was established in 1986 that provides liability insurance pursuant to section 670.7 to at least fifty percent of the counties in this state; or other entity of this state, or any branch, department, board, bureau, commission, council, committee, official, or officer of any of the foregoing or any employee delegated the responsibility for implementing the requirements of this chapter . -4- H8276.4429 (2) 88 ns/tm 4/ 13 DIVISION ___ CAMPAIGN FINANCE Sec. ___. Section 68A.102, subsection 10, paragraph a, subparagraph (2), Code 2020, is amended to read as follows: (2) The payment, by any person other than a candidate or political committee who receives the service , of compensation for the personal services of another person which are rendered to a candidate or political committee for any such purpose. Sec. ___. Section 68A.102, subsection 10, paragraph a, Code 2020, is amended by adding the following new subparagraph: NEW SUBPARAGRAPH . (3) A coordinated expenditure if the expenditure must be reported pursuant to subchapter IV. Sec. ___. Section 68A.102, subsections 14 and 18, Code 2020, are amended to read as follows:
8. a. “Express advocacy” or to “expressly advocate” means communication that can be characterized according to at least one of the following descriptions: a. (1) The communication is political speech made in the form of a contribution. b. (2) In advocating the election or defeat of one or more clearly identified candidates or the passage or defeat of one or more clearly identified ballot issues, the communication includes explicit words that unambiguously indicate that the communication is recommending or supporting a particular outcome in the election with regard to any clearly identified candidate or ballot issue. b. “Express advocacy” or “expressly advocate” does not mean a communication that can be characterized according to one or more of the following descriptions: (1) The communication encourages individuals to register to vote or to vote, provided that the communication does not mention or depict a candidate or ballot issue. (2) The communication does not support or oppose a candidate or ballot issue. (3) The communication is a bona fide news story, commentary, -5- H8276.4429 (2) 88 ns/tm 5/ 13 blog, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, internet site, or other periodical publication of general circulation. (4) The communication is by a membership organization or corporation to its members, stockholders, or employees. (5) The board determines by rule that the communication is not express advocacy.
9. “Political committee” means any of the following: a. A committee, but not a candidate’s committee, that accepts contributions in excess of one thousand two hundred fifty dollars in the aggregate, makes expenditures in excess of one thousand two hundred fifty dollars in the aggregate, or incurs indebtedness in excess of one thousand two hundred fifty dollars in the aggregate in any one calendar year to expressly advocate the nomination, election, or defeat of a candidate for public office, make an electioneering communication, or to expressly advocate the passage or defeat of a ballot issue. b. An association, lodge, society, cooperative, union, fraternity, sorority, educational institution, civic organization, labor organization, religious organization, or professional organization that accepts contributions in excess of one thousand two hundred fifty dollars in the aggregate, makes expenditures in excess of one thousand two hundred fifty dollars in the aggregate, or incurs indebtedness in excess of one thousand two hundred fifty dollars in the aggregate in any one calendar year to expressly advocate the nomination, election, or defeat of a candidate for public office, make an electioneering communication, or to expressly advocate the passage or defeat of a ballot issue. c. A person, other than an individual, that accepts contributions in excess of one thousand two hundred fifty dollars in the aggregate, makes expenditures in excess of one thousand two hundred fifty dollars in the aggregate, or incurs indebtedness in excess of one thousand two hundred fifty dollars in the aggregate in any one calendar year to expressly -6- H8276.4429 (2) 88 ns/tm 6/ 13 advocate that an individual should or should not seek election to a public office prior to the individual becoming a candidate as defined in subsection 4 . Sec. ___. Section 68A.102, Code 2020, is amended by adding the following new subsections: NEW SUBSECTION . 8A. “Communication” means any of the following: a. A paid advertisement broadcast over radio, television, cable, or satellite. b. The paid placement of content on the internet or other electronic communication network. c. A paid advertisement published in a newspaper or periodical or on a billboard. d. A mailing. e. A printed material. NEW SUBSECTION . 10A. “Coordinated expenditure” means an expenditure made in cooperation with, in consultation with, at the request of, or with the express prior consent of a candidate or committee receiving the benefit of the expenditure. NEW SUBSECTION . 13A. a. “Electioneering communication” means a paid communication that is publicly distributed by radio, television, cable, satellite, internet site, newspaper, periodical, billboard, mail, electronic mail, or any other distribution of materials, that is made within sixty days of the initiation of voting in an election that does not support or oppose a candidate or ballot issue, that can be received by more than one hundred persons, and that does any of the following: (1) Refers to one or more clearly identified candidates in that election. (2) Depicts the name, image, likeness, or voice of a clearly identified candidate in that election. (3) Refers to a political party, ballot issue, or a question submitted to the voters in that election. -7- H8276.4429 (2) 88 ns/tm 7/ 13 b. “Electioneering communication” does not include any of the following: (1) A bona fide news story, commentary, blog, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, internet site, or other periodical publication of general circulation. (2) A communication by a membership organization or corporation to its members, stockholders, or employees. (3) A commercial communication that depicts a candidate’s name, image, likeness, or voice only in the candidate’s capacity as owner, operator, or employee of a business that existed prior to the organization of a candidate’s committee by the candidate pursuant to section 68A.202. (4) A communication that constitutes a candidate debate or forum or that solely promotes a candidate debate or forum and is made by or on behalf of the person sponsoring the debate or forum. (5) A communication that the board determines by rule is not an electioneering communication. Sec. ___. Section 68A.402, subsection 9, Code 2020, is amended to read as follows:
10. a. Permanent organizations. A permanent organization temporarily engaging in activity described in section 68A.102, subsection 18 , shall organize a political committee and shall keep the funds relating to that political activity segregated from its operating funds. The political committee shall file reports on the appropriate due dates as required by this section . b. The reports filed under this subsection shall identify the all of the following: (1) The source of the original funds used for a contribution made to a candidate or a committee organized under this chapter . (2) The aggregate amount of contributions made by each person. -8- H8276.4429 (2) 88 ns/tm 8/ 13 (3) Each loan received from any person during the reporting period. (4) The amount and nature of debts and obligations owed to the committee. (5) Proceeds that total less than thirty-five dollars per person from mass collections made at fund-raising events sponsored by the committee. (6) The total sum of contributions received by the committee for a specified candidate or committee. (7) The full name, mailing address, occupation, and principal place of business, if any, of each person or committee to whom an expenditure has been made during the reporting period, including the amount, date, and purpose of each expenditure and the total amount of expenditures to each person or committee. (8) The full name, mailing address, occupation, and principal place of business, if any, of each person to whom an expenditure for personal services, salaries, and reimbursement of expenses has been made, including the amount, date, and purpose of that expenditure, and the total amount of expenditures made to each person. (9) The total sum of expenditures made during the reporting period. (10) The full name, mailing address, occupation, and principal place of business, if any, of any person to whom a loan was made, and the full name, mailing address, occupation, and principal place of business, if any, of any endorsers, and the date and amount of each loan. (11) The amount and nature of debts and obligations owed by the committee. (12) Other information as may be required by the board by rule. (13) For reports of expenditures made to a consultant, advertising agency, polling firm, or other person that performs services for the committee, the report shall be itemized -9- H8276.4429 (2) 88 ns/tm 9/ 13 and described in sufficient detail to disclose the specific services performed by the entity. c. When the permanent organization ceases to be involved in the political activity, the permanent organization shall dissolve the political committee. d. As used in this subsection , “permanent organization” means an organization that is continuing, stable, and enduring, and was originally organized for purposes other than engaging in election activities. Sec. ___. Section 68A.402A, subsection 1, paragraphs f and g, Code 2020, are amended to read as follows: f. The name and mailing address of each person and committee to whom disbursements , payments for personal services, salaries, reimbursement for expenses, or loan repayments have been made by the committee from contributions during the reporting period and the amount, purpose, and date of each disbursement except that disbursements of less than five dollars may be shown as miscellaneous disbursements so long as the aggregate miscellaneous disbursements to any one person during a calendar year do not exceed one hundred dollars. Reports of disbursements under this paragraph must be itemized and sufficiently detailed to disclose the specific services performed by the person to whom a disbursement was made. g. Disbursements made to a consultant , advertising agency, or polling firm and disbursements made by the consultant , advertising agency, or polling firm during the reporting period disclosing the name and address of the recipient, amount, purpose, and date. Reports of disbursements under this paragraph must be itemized and sufficiently detailed to disclose the specific services performed by the entity to whom a disbursement was made. Sec. ___. Section 68A.402A, subsection 1, Code 2020, is amended by adding the following new paragraph: NEW PARAGRAPH . l. The total sum of disbursements made. Sec. ___. NEW SECTION . 68A.404A Electioneering -10- H8276.4429 (2) 88 ns/tm 10/ 13 communications —— reports.
11. A person making an electioneering communication shall file a report with the board, including a description of the communication, how the communication was distributed, and the amount of any expenditure made on the electioneering communication, except that a person spending less than two hundred fifty dollars on electioneering communications in a taxable year shall not be required to file a report.
12. The board shall adopt rules for the form and schedule of reports filed under this section. Sec. ___. Section 68A.405, subsection 1, paragraphs b, c, d, e, f, g, and h, Code 2020, are amended to read as follows: b. (1) Except as set out in subsection 2 , published material designed to expressly advocate the nomination, election, or defeat of a candidate for public office or the passage or defeat of a ballot issue and electioneering communications shall include on the published material or electioneering communication an attribution statement disclosing who is responsible for the published material or electioneering communication . (2) The person who is responsible for the published material or electioneering communication has the sole responsibility and liability for the attribution statement required by this section. c. If the person paying for the published material or electioneering communication is an individual, the words “paid for by” and the name and address of the person shall appear on the published material or electioneering communication . d. If more than one individual is responsible, the words “paid for by”, the names of the individuals, and either the addresses of the individuals or a statement that the addresses of the individuals are on file with the Iowa ethics and campaign disclosure board shall appear on the published material or electioneering communication . e. If the person responsible is an organization, the words -11- H8276.4429 (2) 88 ns/tm 11/ 13 “paid for by”, the name and address of the organization, and the name of one officer of the organization shall appear on the published material or electioneering communication . f. If the person responsible is a corporation, the words “paid for by”, the name and address of the corporation, and the name and title of the corporation’s chief executive officer shall appear on the published material or electioneering communication . g. If the person responsible is a committee that has filed a statement of organization pursuant to section 68A.201 , the words “paid for by” and the name of the committee shall appear on the published material or electioneering communication . h. If the published material or electioneering communication is the result of an independent expenditure subject to section 68A.404 , the published material or electioneering communication shall include a statement that the published material or electioneering communication was not authorized by any candidate, candidate’s committee, or ballot issue committee. Sec. ___. Section 68A.405, subsection 2, paragraph d, Code 2020, is amended to read as follows: d. Any published material or electioneering communication that is subject to federal regulations regarding an attribution requirement. Sec. ___. Section 68A.405, subsection 4, Code 2020, is amended to read as follows:
13. The board shall adopt rules relating to the placing of an attribution statement on published materials and electioneering communication . DIVISION ___ TEST IOWA PROGRAM STANDARDS Sec. ___. TEST IOWA PROGRAM STANDARDS. If the performance goals and standards set forth under any test Iowa program contract or agreement are not met by a private entity that is a party to the contract or agreement, the contract or agreement is immediately voided and any unexpended moneys shall be -12- H8276.4429 (2) 88 ns/tm 12/ 13 transferred to an Iowa-based health care provider or research institute capable of managing widespread testing for the novel coronavirus.”
14. By renumbering as necessary.

Official amendment (PDF) · In the Bill Book