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Senate File 434

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 68B.2, subsection 6, Code 1995, is
  1  2 amended to read as follows:
  1  3    6.  "Client" means a private person or a state, federal, or
  1  4 local government entity that pays compensation to or
  1  5 designates an individual to be a lobbyist.  However, "client"
  1  6 does not include every member of an organization, association,
  1  7 corporation, business, or other similar entity, but does
  1  8 include a member of such an entity's board or other governing
  1  9 body which sets the policies and procedures for the entity,
  1 10 and any person who has the authority to take action on behalf
  1 11 of or speak for the entity.
  1 12    Sec. 2.  Section 68B.2, Code 1995, is amended by adding the
  1 13 following new subsections:
  1 14    NEW SUBSECTION.  8A.  a.  "Executive branch lobbyist" or
  1 15 "lobbyist of the executive branch of state government" means
  1 16 an individual who, directly receives compensation to contact
  1 17 or to make effort in support of contacting employees of a
  1 18 state agency or the office of the governor, any statewide
  1 19 elected official, on behalf of a client, with regard to the
  1 20 formulation, modification, adoption, administration, or
  1 21 execution of a state law, rule, an executive order, program,
  1 22 policy, or official position.
  1 23    b.  "Executive branch lobbyist" or "lobbyist of the
  1 24 executive branch of state government" does not mean:
  1 25    (1)  Officials and employees of a political party organized
  1 26 in the state of Iowa representing more than two percent of the
  1 27 total votes cast for governor in the last preceding general
  1 28 election, but only when representing the political party in an
  1 29 official capacity.
  1 30    (2)  Representatives of the news media only when engaged in
  1 31 the reporting and dissemination of news and editorials.
  1 32    (3)   All federal, state, and local elected officials,
  1 33 while performing the duties and responsibilities of office.
  1 34    (4)  Persons whose activities are limited to appearances to
  1 35 give testimony or provide information or assistance at public
  2  1 hearings of state agencies or who are giving testimony or
  2  2 providing information or assistance at the request of public
  2  3 officials or employees.
  2  4    (5)  Members of the staff of the United States Congress or
  2  5 the Iowa general assembly.
  2  6    (6)  Agency officials and employees while they are engaged
  2  7 in activities within the agency in which they serve or are
  2  8 employed with another agency with which the official's or
  2  9 employee's agency is involved in a collaborative project.
  2 10    (7)  An individual who is a member, director, trustee,
  2 11 officer, or committee member of a business, trade, labor,
  2 12 farm, professional, religious, education, or charitable
  2 13 association, foundation, or organization who is not paid
  2 14 compensation.
  2 15    (8)  Persons whose activities are limited to submitting
  2 16 data, views, or arguments in writing, or requesting an
  2 17 opportunity to make an oral presentation under section 17A.4,
  2 18 subsection 1.
  2 19    NEW SUBSECTION.  12A.  a.  "Legislative lobbyist" means an
  2 20 individual who meets either of the following criteria:
  2 21    (1)  The person is paid compensation for purposes of
  2 22 directly or indirectly encouraging the passage, defeat, or
  2 23 modification of legislation or a rule before the general
  2 24 assembly.
  2 25    (2)  The person is not paid compensation, but either the
  2 26 person is the designated representative of an organization
  2 27 which has as one of its purposes the encouragement of the
  2 28 passage, defeat, or modification of legislation or a rule by
  2 29 the general assembly, or the person makes expenditures of more
  2 30 than one thousand dollars in a calendar year to personally
  2 31 communicate with members of the general assembly, other than
  2 32 the person's own representative or senator, for purposes of
  2 33 encouraging the passage, defeat, or modification of
  2 34 legislation or a rule by the general assembly.
  2 35    b.  "Legislative lobbyist" does not mean:
  3  1    (1)  Officials and employees of a political party organized
  3  2 in the state of Iowa representing more than two percent of the
  3  3 total votes cast for governor in the last preceding general
  3  4 election, but only when representing the political party in an
  3  5 official capacity.
  3  6    (2)  Representatives of the news media only when engaged in
  3  7 the reporting and dissemination of news and editorials.
  3  8    (3)  All federal, state, and local elected officials, while
  3  9 performing the duties and responsibilities of office.
  3 10    (4)  Persons whose activities are limited to appearances to
  3 11 give testimony or provide information or assistance at
  3 12 sessions of committees of the general assembly or who are
  3 13 giving testimony or providing information or assistance at the
  3 14 request of members of the general assembly or legislative
  3 15 employees.
  3 16    (5)  Members of the staff of the United States Congress or
  3 17 the Iowa general assembly.
  3 18    (6)  An individual who is a member, director, trustee,
  3 19 officer, or committee member of a business, trade, labor,
  3 20 farm, professional, religious, education, or charitable
  3 21 association, foundation, or organization who either is not
  3 22 paid compensation or is not specifically designated as
  3 23 provided in paragraph "a", subparagraph (2) or (3).
  3 24    Sec. 3.  Section 68B.2, subsection 13, Code 1995, is
  3 25 amended by striking the subsection and inserting in lieu
  3 26 thereof the following:
  3 27    13.  "Lobbyist" means an executive branch lobbyist or a
  3 28 legislative lobbyist.
  3 29    Sec. 4.  Section 68B.7, Code 1995, is amended to read as
  3 30 follows:
  3 31    68B.7  OTHER ACTIVITIES &endash; TWO-YEAR BAN.
  3 32    1.  A person who has served as an official, state employee
  3 33 of a state agency, member of the general assembly, or
  3 34 legislative employee shall not within a period of two years
  3 35 after the termination of such service or employment appear do
  4  1 either of the following:
  4  2    a.  Appear before the agency or receive compensation for
  4  3 any services rendered on behalf of any person, firm,
  4  4 corporation, or association in relation to any case,
  4  5 proceeding, or application with respect to which the person
  4  6 was directly concerned and personally participated during the
  4  7 period of service or employment.
  4  8    b.  Receive compensation for any services rendered on
  4  9 behalf of any person, firm, corporation, or association in
  4 10 relation to any case, proceeding, or application with respect
  4 11 to which the person was directly concerned and personally
  4 12 participated during the period of service or employment.
  4 13    2.  A person who has served as the head of or on a
  4 14 commission or board of a regulatory agency or as a deputy
  4 15 thereof, shall not, within a period of two years after the
  4 16 termination of such service accept do either of the following:
  4 17    a.  Accept employment with that commission, board, or
  4 18 agency or receive.
  4 19    b.  Receive compensation for any services rendered on
  4 20 behalf of any person, firm, corporation, or association in any
  4 21 case, proceedings, or application before the department with
  4 22 which the person so served wherein the person's compensation
  4 23 is to be dependent or contingent upon any action by such
  4 24 agency with respect to any license, contract, certificate,
  4 25 ruling, decision, opinion, rate schedule, franchise, or other
  4 26 benefit, or in promoting or opposing, directly or indirectly,
  4 27 the passage of bills or resolutions before either house of the
  4 28 general assembly.
  4 29    Sec. 5.  Section 68B.31, subsection 3, paragraph b, Code
  4 30 1995, is amended to read as follows:
  4 31    b.  Call meetings of the committee upon receipt of findings
  4 32 from the independent special counsel that there is probable
  4 33 cause to believe that a member of the general assembly or a
  4 34 legislative lobbyist has committed a violation of a provision
  4 35 of this chapter or of the rules relating to ethical conduct
  5  1 that are adopted pursuant to this chapter.
  5  2    Sec. 6.  Section 68B.31, subsection 4, paragraphs b, c, and
  5  3 d, Code 1995, are amended to read as follows:
  5  4    b.  Prepare rules relating to legislative lobbyists and
  5  5 lobbying activities in the general assembly.
  5  6    c.  Issue advisory opinions interpreting the intent of
  5  7 constitutional and statutory provisions relating to
  5  8 legislators and legislative lobbyists as well as interpreting
  5  9 the code of ethics and rules issued pursuant to this section.
  5 10 Opinions shall be issued when approved by a majority of the
  5 11 six members and may be issued upon the written request of a
  5 12 member of the general assembly or upon the committee's
  5 13 initiation.  Opinions are not binding on the legislator or
  5 14 legislative lobbyist.
  5 15    d.  Receive and hear complaints and charges against members
  5 16 of its house alleging a violation of the code of ethics, rules
  5 17 governing legislative lobbyists, this chapter, or other
  5 18 matters referred to it by its house or the independent special
  5 19 counsel.  The committee shall recommend rules for the receipt
  5 20 and processing of findings of probable cause relating to
  5 21 ethical violations of members of the general assembly or
  5 22 legislative lobbyists during the legislative session and those
  5 23 received after the general assembly adjourns.
  5 24    Sec. 7.  Section 68B.31, subsections 5, 6, 8, 10, and 11,
  5 25 Code 1995, are amended to read as follows:
  5 26    5.  Any person may file a complaint with the ethics
  5 27 committee of either house alleging that a member of the
  5 28 general assembly or a legislative lobbyist before the general
  5 29 assembly has committed a violation of this chapter.  The
  5 30 ethics committee shall prescribe and provide forms for this
  5 31 purpose.  The complaint shall include the name and address of
  5 32 the complainant and a statement of the facts believed to be
  5 33 true that form the basis of the complaint, including the
  5 34 sources of information and approximate dates of the acts
  5 35 alleged and a certification by the complainant under penalty
  6  1 of perjury that the facts stated to be true are true to the
  6  2 best of the complainant's knowledge.
  6  3    6.  The ethics committee shall promptly notify any party
  6  4 alleged to have committed a violation of the code of ethics,
  6  5 rules governing legislative lobbyists, or this chapter of the
  6  6 filing of a complaint by causing a copy of the complaint to be
  6  7 served or personally delivered to the party charged, unless
  6  8 service is waived by the party charged, and shall review the
  6  9 complaint to determine if the complaint meets the requirements
  6 10 for formal sufficiency.  If the complaint is deficient as to
  6 11 form, the complaint shall be returned to the complainant with
  6 12 a statement of the nature of the deficiency and the party
  6 13 charged in the complaint shall be notified that the complaint
  6 14 has been returned.  If a complaint, previously found to be
  6 15 deficient as to form, is refiled in different form, the party
  6 16 charged in the complaint shall be provided with a copy of the
  6 17 new document in the same manner as provided for service of the
  6 18 initial complaint.  Any amendments to a complaint that are
  6 19 filed with the committee shall also be served or personally
  6 20 delivered, unless service is waived, to the party charged in
  6 21 the complaint.  If the complaint is sufficient as to form, the
  6 22 ethics committee shall review the complaint to determine
  6 23 whether the complaint states a valid charge which may be
  6 24 investigated.  A valid complaint must allege all of the
  6 25 following:
  6 26    a.  Facts, that if true, establish a violation of a
  6 27 provision of this chapter, the rules governing legislative
  6 28 lobbyists, or the code of ethics for which penalties or other
  6 29 remedies are provided.
  6 30    b.  That the conduct providing the basis for the complaint
  6 31 occurred within three years of the filing of the complaint.
  6 32    c.  That the party charged with a violation is a party
  6 33 subject to the jurisdiction of the ethics committee.
  6 34    8.  If a hearing on the complaint is ordered the ethics
  6 35 committee shall receive all admissible evidence, determine any
  7  1 factual or legal issues presented during the hearing, and make
  7  2 findings of fact based upon evidence received.  Hearings shall
  7  3 be conducted in the manner prescribed in section 17A.12.  The
  7  4 rules of evidence applicable under section 17A.14 shall also
  7  5 apply in hearings before the ethics committee.  Clear and
  7  6 convincing evidence shall be required to support a finding
  7  7 that the member of the general assembly or legislative
  7  8 lobbyist before the general assembly has committed a violation
  7  9 of this chapter.  Parties to a complaint may, subject to the
  7 10 approval of the ethics committee, negotiate for settlement of
  7 11 disputes that are before the ethics committee.  Terms of any
  7 12 negotiated settlements shall be publicly recorded.  If a
  7 13 complaint is filed or initiated less than ninety days before
  7 14 the election for a state office, for which the person named in
  7 15 the complaint is the incumbent officeholder, the ethics
  7 16 committee shall, if possible, set the hearing at the earliest
  7 17 available date so as to allow the issue to be resolved before
  7 18 the election.  An extension of time for a hearing may be
  7 19 granted when both parties mutually agree on an alternate date
  7 20 for the hearing.  The ethics committee shall make every effort
  7 21 to hear all ethics complaints within three months of the date
  7 22 that the complaints are filed.  However, after three months
  7 23 from the date of the filing of the complaint, extensions of
  7 24 time for purposes of preparing for hearing may only be granted
  7 25 by the ethics committee when the party charged in the
  7 26 complaint with the ethics violation consents to an extension.
  7 27 If the party charged does not consent to an extension, the
  7 28 ethics committee shall not grant any extensions of time for
  7 29 preparation prior to hearing.  All complaints alleging a
  7 30 violation of this chapter or the code of ethics shall be heard
  7 31 within nine months of the filing of the complaint.  Final
  7 32 dispositions of violations, which the ethics committee has
  7 33 found to have been established by clear and convincing
  7 34 evidence, shall be made within thirty days of the conclusion
  7 35 of the hearing on the complaint.
  8  1    10.  The code of ethics and rules relating to legislative
  8  2 lobbyists and lobbying activities shall not become effective
  8  3 until approved by the members of the house to which the
  8  4 proposed code and rules apply.  The code or rules may be
  8  5 amended either upon the recommendation of the ethics committee
  8  6 or by members of the general assembly.
  8  7    11.  Violation of a provision of this chapter or rules
  8  8 adopted relating to ethical conduct may result in censure,
  8  9 reprimand, or other sanctions as determined by a majority of
  8 10 the member's house.  However, a member may be suspended or
  8 11 expelled and the member's salary forfeited only if directed by
  8 12 a two-thirds vote of the member's house.  A suspension,
  8 13 expulsion, or forfeiture of salary shall be for the duration
  8 14 specified in the directing resolution.  Violation of a rule
  8 15 relating to legislative lobbyists and lobbying activities may
  8 16 result in censure, reprimand, or other sanctions as determined
  8 17 by a majority of the members of the house in which the
  8 18 violation occurred.  However, a legislative lobbyist may be
  8 19 suspended from lobbying activities for the duration provided
  8 20 in the directing resolution only if directed by a two-thirds
  8 21 vote of the house in which the violation occurred.
  8 22    Sec. 8.  Section 68B.32B, subsections 1, 2, 4, and 5, Code
  8 23 1995, are amended to read as follows:
  8 24    1.  Any person may file a complaint alleging that a
  8 25 candidate, committee, person holding a state office in the
  8 26 executive branch of state government, employee of the
  8 27 executive branch of state government, or other person has
  8 28 committed a violation of chapter 56 or rules adopted by the
  8 29 board.  Any person may file a complaint alleging that a person
  8 30 holding a state office in the executive branch of state
  8 31 government, an employee of the executive branch of state
  8 32 government, or a an executive branch lobbyist or a client of a
  8 33 an executive branch lobbyist of the executive branch of state
  8 34 government has committed a violation of this chapter or rules
  8 35 adopted by the board.  The board shall prescribe and provide
  9  1 forms for this purpose.  A complaint must include the name and
  9  2 address of the complainant, a statement of the facts believed
  9  3 to be true that form the basis of the complaint, including the
  9  4 sources of information and approximate dates of the acts
  9  5 alleged, and a certification by the complainant under penalty
  9  6 of perjury that the facts stated to be true are true to the
  9  7 best of the complainant's knowledge.
  9  8    2.  The board staff shall review the complaint to determine
  9  9 if the complaint is sufficient as to form.  If the complaint
  9 10 is deficient as to form, the complaint shall be returned to
  9 11 the complainant with a statement of the deficiency and an
  9 12 explanation describing how the deficiency may be cured.  If
  9 13 the complaint is sufficient as to form, the complaint shall be
  9 14 referred to the chairperson of the board for legal review.
  9 15    4.  Upon completion of legal review, the chairperson of the
  9 16 The board shall be advised review the complaint and determine
  9 17 whether, in the opinion of the legal advisor, the complaint
  9 18 states an allegation which is legally sufficient.  A legally
  9 19 sufficient allegation must allege all of the following:
  9 20    a.  Facts that would establish a violation of a provision
  9 21 of this chapter, chapter 56, or rules adopted by the board.
  9 22    b.  Facts that would establish that the conduct providing
  9 23 the basis for the complaint occurred within three years of the
  9 24 complaint.
  9 25    c.  Facts that would establish that the subject of the
  9 26 complaint is a party subject to the jurisdiction of the board.
  9 27    5.  After receiving an evaluation of the legal sufficiency
  9 28 of the complaint, the chairperson shall refer the complaint to
  9 29 the board for a formal determination by the board of the legal
  9 30 sufficiency of the allegations contained in the complaint.
  9 31    Sec. 9.  Section 68B.35, subsection 5, Code 1995, is
  9 32 amended to read as follows:
  9 33    5.  A candidate for statewide office shall file a financial
  9 34 statement with the ethics and campaign disclosure board, a
  9 35 candidate for the office of state representative shall file a
 10  1 financial statement with the chief clerk of the house of
 10  2 representatives, and a candidate for the office of state
 10  3 senator shall file a financial statement with the secretary of
 10  4 the senate.  Statements shall contain information concerning
 10  5 the year preceding the year in which the election is to be
 10  6 held.  The statement shall be filed no later than thirty days
 10  7 after the date earliest of the following applicable dates:
 10  8    a.  The date on which a person is required to file
 10  9 nomination papers for state office under section 43.11, or,
 10 10 if.
 10 11    b.  The date on which the person is designated as a
 10 12 candidate under section 43.23 or 44.13.
 10 13    c.  The date on which the person is designated as a write-
 10 14 in nominee under section 43.66.
 10 15    d.  The date on which the person is designated by
 10 16 convention under section 43.78, 43.109, or 44.11.
 10 17    e.  The date on which the person's name is certified under
 10 18 section 44.2.
 10 19    f. The date on which the person filed nomination papers by
 10 20 petition under section 45.1.
 10 21    g.  If the person is a candidate in a special election, as
 10 22 soon as practicable after the certification of the name of the
 10 23 nominee under section 43.88, but the statement shall be
 10 24 postmarked no later than seven days after certification.  A
 10 25 candidate for state office shall not be required to file the
 10 26 statement prior to the date specified for the filing of the
 10 27 statement by a respective incumbent official or member of the
 10 28 general assembly.  The ethics and campaign disclosure board
 10 29 shall adopt rules pursuant to chapter 17A providing for the
 10 30 filing of the financial statements with the board and for the
 10 31 deposit, retention, and availability of the financial
 10 32 statements.  The ethics committees of the house of
 10 33 representatives and the senate shall recommend rules for
 10 34 adoption by the respective houses providing for the filing of
 10 35 the financial statements with the chief clerk of the house or
 11  1 the secretary of the senate and for the deposit, retention,
 11  2 and availability of the financial statements.  Rules adopted
 11  3 shall also include a procedure for notification of candidates
 11  4 of the duty to file disclosure statements under this section.
 11  5    Sec. 10.  Section 68B.36, subsections 1 and 2, Code 1995,
 11  6 are amended to read as follows:
 11  7    1.  All lobbyists shall, on or before the day their
 11  8 lobbying activity begins, register by filing a lobbyist's
 11  9 registration statement at times and in the manner provided in
 11 10 this section.  Lobbyists engaged in lobbying activities before
 11 11 the general assembly Legislative lobbyists shall file the
 11 12 statement with the chief clerk of the house of representatives
 11 13 or the secretary of the senate.  Lobbyists engaged in lobbying
 11 14 activities before the office of the governor or any state
 11 15 agency Executive branch lobbyists shall file the statement
 11 16 with the board.  The chief clerk of the house and the
 11 17 secretary of the senate shall provide appropriate registration
 11 18 forms to legislative lobbyists before the general assembly.
 11 19 The board shall prescribe appropriate registration forms for
 11 20 executive branch lobbyists before the office of the governor
 11 21 and state agencies.
 11 22    2.  Registration shall be valid from the date of
 11 23 registration until the expiration of the registration period
 11 24 for the type of lobbying in which the person will be engaging.
 11 25 Any change in or addition to the information shall be
 11 26 registered within ten days after the change or addition is
 11 27 known to the lobbyist.  Changes or additions for executive
 11 28 branch lobbyists shall be filed with the board.  Changes or
 11 29 additions for registrations of legislative lobbyists of the
 11 30 general assembly shall be filed with either the chief clerk of
 11 31 the house or the secretary of the senate.
 11 32    Sec. 11.  Section 68B.37, Code 1995, is amended to read as
 11 33 follows:
 11 34    68B.37  LOBBYIST REPORTING.
 11 35    1.  A legislative lobbyist before the general assembly
 12  1 shall file with the general assembly, on forms prescribed by
 12  2 each house of the general assembly, a report disclosing all of
 12  3 the following:
 12  4    a.  The lobbyist's clients.
 12  5    b.  Contributions made to candidates for state office by
 12  6 the lobbyist during calendar months during the reporting
 12  7 period when the general assembly is not in session.
 12  8    c.  The recipient of the campaign contributions.
 12  9    d.  Expenditures made by the lobbyist for the purposes of
 12 10 providing the services enumerated under section 68B.2,
 12 11 subsection 13 12A, paragraph "a".
 12 12    For purposes of this subsection, "expenditures" does not
 12 13 include expenditures made by any organization for publishing a
 12 14 newsletter or other informational release for its members.
 12 15    2.  A An executive branch lobbyist before a state agency or
 12 16 the office of the governor shall file with the board, on forms
 12 17 prescribed by the board, a report disclosing the same items
 12 18 described in subsection 1, which were made or given for
 12 19 purposes of providing the services enumerated under section
 12 20 68B.2, subsection 8A, paragraph "a".
 12 21    3.  The reports by legislative lobbyists before the general
 12 22 assembly shall be filed not later than twenty-five days
 12 23 following any month in which the general assembly is in
 12 24 session and thereafter on or before July 31, October 31, and
 12 25 January 31.  The reports filed by a legislative lobbyist
 12 26 before the general assembly shall contain information for the
 12 27 preceding calendar month or quarter or parts thereof during
 12 28 which the person was engaged in lobbying.  Reports filed by
 12 29 lobbyists before a state agency shall be filed on or before
 12 30 April 30, July 31, October 31, and January 31, for the
 12 31 preceding calendar quarter or parts thereof during which the
 12 32 person was engaged in lobbying.
 12 33    If a person cancels the person's lobbyist registration at
 12 34 any time during the calendar year, the reports required by
 12 35 this section are due on the dates required by this section or
 13  1 fifteen days after cancellation, whichever is earlier.  The
 13  2 report due January 31 shall include all reportable items for
 13  3 the preceding calendar year in addition to containing the
 13  4 quarterly reportable items.  A lobbyist who cancels the
 13  5 person's lobbyist registration before January 1 of a year
 13  6 shall file a report listing all reportable items for the year
 13  7 in which the cancellation was filed.  A lobbyist who cancels
 13  8 the person's lobbyist registration between January 1 and
 13  9 January 15 of a year shall file a report listing all
 13 10 reportable items for the preceding year and so much of the
 13 11 month of January as has expired at the time of cancellation.
 13 12 However, if a lobbyist is a person who is designated to
 13 13 represent the interest of an organization as defined in
 13 14 section 68B.2, subsection 13 12A, paragraph "a", subparagraph
 13 15 (2), but is not paid compensation for that representation and
 13 16 does not expend more than one thousand dollars as provided in
 13 17 section 68B.2, subsection 13 12A, paragraph "a", subparagraph
 13 18 (4) (2), the lobbyist shall only be required to file the
 13 19 report specified in this section once annually, which shall be
 13 20 performed at the time of filing the person's lobbyist
 13 21 registration form or forms.  
 13 22                           EXPLANATION
 13 23    This bill makes changes to the definition of the term
 13 24 "client" by modifying the language to clarify that the term
 13 25 does not include every member of an organization, association,
 13 26 corporation, business, or other similar entity.  The changes
 13 27 provide that the term does include a member of such an
 13 28 entity's board or other policymaking or governing body and any
 13 29 person who is the spokesperson for or person designated to act
 13 30 on behalf of the entity.
 13 31    This bill strikes the definition of the term "lobbyist" and
 13 32 rewrites the definition to refer to two new definitions:
 13 33 "executive branch lobbyist"; and "legislative branch
 13 34 lobbyist".  The definition of "executive branch lobbyist"
 13 35 applies only to persons who receive compensation for
 14  1 activities which include both direct contact and efforts on
 14  2 behalf of a client in support of contacting state agency
 14  3 employees, the governor's office, or the office of any
 14  4 statewide elected official with regard to the formulation,
 14  5 modification, adoption, administration, or execution of a
 14  6 state law, a rule, an executive order, program, policy, or
 14  7 official position.
 14  8    The definition of "legislative lobbyist" refers to
 14  9 individuals who either are paid compensation for purposes of
 14 10 directly or indirectly encouraging the passage, defeat, or
 14 11 modification of legislation or a rule by the general assembly
 14 12 and individuals who are not paid but who either represent
 14 13 organizations which lobby the legislature on legislation or
 14 14 rules or make expenditures of over $1,000 to personally lobby
 14 15 the legislature on legislation or rules.
 14 16    Section 68B.7, which prohibits former state officials,
 14 17 employees, legislators, and legislative employees from
 14 18 appearances or receiving compensation for services from others
 14 19 on matters with which those persons were directly or
 14 20 personally involved and which prohibits board or commission
 14 21 members, or regulatory agency heads and deputies, from
 14 22 accepting employment with or receiving compensation for
 14 23 services from others for appearances in front of that agency
 14 24 after termination of employment, is rewritten and the
 14 25 language, which is contained in that section that prohibits
 14 26 board and commission members and regulatory agency heads from
 14 27 lobbying the general assembly after termination of service, is
 14 28 stricken.  A postemployment lobbying activities prohibition
 14 29 which would apply to the same persons is contained in section
 14 30 68B.5A.
 14 31    The board complaint process, which is contained in section
 14 32 68B.32B, is amended to delete a preliminary staff review of
 14 33 complaints for legal sufficiency.  Legal sufficiency will,
 14 34 instead, be determined by the board under the changes.
 14 35    The deadlines for the filing of personal financial
 15  1 disclosure statements by candidates are amended to reference
 15  2 additional methods by which and dates on which a person may
 15  3 become a candidate.  The changes are qualified to provide,
 15  4 however, that no candidate is required to file before the date
 15  5 specified for the filing of the statement by an incumbent for
 15  6 the same office.  
 15  7 LSB 2161SV 76
 15  8 lh/sc/14
     

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