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PAG LIN 1 1 Section 1. Section 68B.2, subsection 13, paragraph a, Code 1 2 1995, is amended by striking the paragraph and inserting the 1 3 following: 1 4 a. "Lobbyist" means an individual who, directly or 1 5 indirectly, receives compensation to contact or to make 1 6 efforts in support of contacting a member of the general 1 7 assembly, employees of a state agency or the office of the 1 8 governor, or any statewide elected official, on behalf of a 1 9 client, with regard to the formulation, modification, 1 10 adoption, administration, or execution of legislation, a rule, 1 11 an executive order, program, policy, or official position. 1 12 Sec. 2. Section 68B.7, Code 1995, is amended to read as 1 13 follows: 1 14 68B.7 OTHER ACTIVITIES &endash; TWO-YEAR BAN. 1 15 1. A person who has served as an official, state employee 1 16 of a state agency, member of the general assembly, or 1 17 legislative employee shall not within a period of two years 1 18 after the termination of such service or employmentappeardo 1 19 either of the following: 1 20 a. Appear before the agencyor receive compensationfor 1 21 any services rendered on behalf of any person, firm, 1 22 corporation, or association in relation to any case, 1 23 proceeding, or application with respect to which the person 1 24 was directly concerned and personally participated during the 1 25 period of service or employment. 1 26 b. Receive compensation for any services rendered on 1 27 behalf of any person, firm, corporation, or association in 1 28 relation to any case, proceeding, or application with respect 1 29 to which the person was directly concerned and personally 1 30 participated during the period of service or employment. 1 31 2. A person who has served as the head of or on a 1 32 commission or board of a regulatory agency or as a deputy 1 33 thereof, shall not, within a period of two years after the 1 34 termination of such serviceacceptdo either of the following: 1 35 a. Accept employment with that commission, board, or 2 1 agencyor receive. 2 2 b. Receive compensation for any services rendered on 2 3 behalf of any person, firm, corporation, or association in any 2 4 case, proceedings, or application before the department with 2 5 which the person so served wherein the person's compensation 2 6 is to be dependent or contingent upon any action by such 2 7 agency with respect to any license, contract, certificate, 2 8 ruling, decision, opinion, rate schedule, franchise, or other 2 9 benefit, or in promoting or opposing, directly or indirectly,2 10the passage of bills or resolutions before either house of the2 11general assembly. 2 12 Sec. 3. Section 68B.32B, subsections 2, 4, and 5, Code 2 13 1995, are amended to read as follows: 2 14 2. The board staff shall review the complaint to determine 2 15 if the complaint is sufficient as to form. If the complaint 2 16 is deficient as to form, the complaint shall be returned to 2 17 the complainant with a statement of the deficiency and an 2 18 explanation describing how the deficiency may be cured. If 2 19 the complaint is sufficient as to form, the complaint shall be 2 20 referred to the chairperson of the board forlegalreview. 2 21 4.Upon completion of legal review, the chairperson of the2 22 The board shallbe advisedreview the complaint and determine 2 23 whether, in the opinion of the legal advisor,the complaint 2 24 states an allegation which is legally sufficient. A legally 2 25 sufficient allegation must allege all of the following: 2 26 a. Facts that would establish a violation of a provision 2 27 of this chapter, chapter 56, or rules adopted by the board. 2 28 b. Facts that would establish that the conduct providing 2 29 the basis for the complaint occurred within three years of the 2 30 complaint. 2 31 c. Facts that would establish that the subject of the 2 32 complaint is a party subject to the jurisdiction of the board. 2 335. After receiving an evaluation of the legal sufficiency2 34of the complaint, the chairperson shall refer the complaint to2 35the board for a formal determination by the board of the legal3 1sufficiency of the allegations contained in the complaint.3 2 Sec. 4. Section 68B.35, subsection 1, Code 1995, is 3 3 amended to read as follows: 3 4 1.The persons specified in subsection 2Statewide elected 3 5 officials and candidates for statewide office shall fileaan 3 6 annual financial statement at times and in the manner provided 3 7 in this section that contains all of the following: 3 8 a. A list of each business, occupation, or profession in 3 9 which the person is engaged and the nature of that business, 3 10 occupation, or profession, unless already apparent. 3 11 b. A list of any other sources of incomeif the source3 12produces more than one thousand dollars annually in gross3 13income. Such sources of income listed pursuant to this 3 14 paragraph may be listed under any of the following categories, 3 15 or under any other categories as may be established by rule: 3 16 (1) Securities. 3 17 (2) Instruments of financial institutions. 3 18 (3) Trusts. 3 19 (4) Real estate. 3 20 (5) Retirement systems. 3 21 (6) Other income categories specified in state and federal 3 22 income tax regulations. 3 23 c. Under the categories identified under paragraph "b", an 3 24 itemization of the specific sources of income, including the 3 25 name, address, and description of the source. In lieu of the 3 26 separate itemization of the sources of income under this 3 27 paragraph, the person may attach a copy of the person's 3 28 federal and state tax returns for the year covered by the 3 29 statement. 3 30 Sec. 5. Section 68B.35, subsection 2, Code 1995, is 3 31 amended by striking the subsection and inserting the 3 32 following: 3 33 2. a. A person who is an executive or administrative head 3 34 of any agency of state government, a deputy executive or 3 35 administrative head or heads of an agency of state government, 4 1 a member of the ethics and campaign disclosure board, or a 4 2 head of a major subunit of a department or independent state 4 3 agency whose position involves a substantial exercise of 4 4 administrative discretion or the expenditure of public funds 4 5 as defined under rules adopted by the board, pursuant to 4 6 chapter 17A, in consultation with the department or agency, 4 7 shall file a financial statement at times and in the manner 4 8 provided in this section that contains all the information 4 9 required in subsection 1, paragraphs "a" and "b", as well as 4 10 an itemization as required in subsection 1, paragraph "c". 4 11 b. Members of the banking board, the credit union review 4 12 board, the economic development board, the employment appeal 4 13 board, the environmental protection commission, the health 4 14 facilities council, the Iowa business investment corporation 4 15 board of directors, the Iowa finance authority, the Iowa 4 16 product development corporation, the Iowa public employees' 4 17 retirement system investment board, the lottery board, the 4 18 natural resource commission, the board of parole, the 4 19 petroleum underground storage tank fund board, the public 4 20 employment relations board, the state racing and gaming 4 21 commission, the state board of regents, the tax review board, 4 22 the transportation commission, the office of consumer 4 23 advocate, the utilities board, and any full-time members of 4 24 other boards and commissions as defined under section 7E.4 who 4 25 receive an annual salary for their service on the board or 4 26 commission, shall file a financial statement at times and in 4 27 the manner provided in this section that contains all the 4 28 information required in subsection 1, paragraphs "a" and "b", 4 29 except that sources of income reported under subsection 1, 4 30 paragraph "b", shall not be reported unless the source 4 31 produces more than one thousand dollars in gross income 4 32 annually. 4 33 c. Members of the general assembly, candidates for the 4 34 general assembly, and legislative employees who are the head 4 35 or deputy head of a legislative agency or whose position 5 1 involves a substantial exercise of administrative discretion 5 2 or the expenditure of public funds shall file a financial 5 3 statement at times and in the manner provided in this section 5 4 that contains all the information required in subsection 1, 5 5 paragraphs "a" and "b", except that sources of income reported 5 6 under subsection 1, paragraph "b", shall not be reported 5 7 unless the source produces more than one thousand dollars in 5 8 gross income annually. 5 9 Sec. 6. Section 68B.35, subsection 5, Code 1995, is 5 10 amended to read as follows: 5 11 5. A candidate for statewide office shall file a financial 5 12 statement with the ethics and campaign disclosure board, a 5 13 candidate for the office of state representative shall file a 5 14 financial statement with the chief clerk of the house of 5 15 representatives, and a candidate for the office of state 5 16 senator shall file a financial statement with the secretary of 5 17 the senate. Statements shall contain information concerning 5 18 the year preceding the year in which the election is to be 5 19 held. The statement shall be filed no later than thirty days 5 20 after thedateearliest of the following applicable dates: 5 21 a. The date on which a person is required to file 5 22 nomination papers for state office under section 43.11, or,5 23if. 5 24 b. The date on which the person is designated as a 5 25 candidate under section 43.23 or 44.13. 5 26 c. The date on which the person is designated as a write- 5 27 in nominee under section 43.66. 5 28 d. The date on which the person is designated by 5 29 convention under section 43.78, 43.109, or 44.11. 5 30 e. The date on which the person's name is certified under 5 31 section 44.2. 5 32 f. The date on which the person filed nomination papers by 5 33 petition under section 45.1. 5 34 g. If the person is a candidate in a special election, as 5 35 soon as practicable after the certification of the name of the 6 1 nominee under section 43.88, but the statement shall be 6 2 postmarked no later than seven days after certification. A 6 3 candidate for state office shall not be required to file the 6 4 statement prior to the date specified for the filing of the 6 5 statement by a respective incumbent official or member of the 6 6 general assembly. The ethics and campaign disclosure board 6 7 shall adopt rules pursuant to chapter 17A providing for the 6 8 filing of the financial statements with the board and for the 6 9 deposit, retention, and availability of the financial 6 10 statements. The ethics committees of the house of 6 11 representatives and the senate shall recommend rules for 6 12 adoption by the respective houses providing for the filing of 6 13 the financial statements with the chief clerk of the house or 6 14 the secretary of the senate and for the deposit, retention, 6 15 and availability of the financial statements. Rules adopted 6 16 shall also include a procedure for notification of candidates 6 17 of the duty to file disclosure statements under this section. 6 18 EXPLANATION 6 19 This bill partially strikes the definition of the term 6 20 "lobbyist" and rewrites the definition to apply only to 6 21 persons who receive compensation for their activities. The 6 22 activities which are covered include more than the direct 6 23 encouragement of the passage, defeat, approval, veto, or 6 24 modification of legislation, a rule, or an executive order by 6 25 the members of the general assembly, a state agency, or any 6 26 statewide elected official. Activities covered include both 6 27 direct contact and efforts on behalf of a client in support of 6 28 contacting a legislator, state agency employees, the 6 29 governor's office, or the office of any statewide elected 6 30 official with regard to the formulation, modification, 6 31 adoption, administration, or execution of legislation, a rule, 6 32 an executive order, program, policy or official position. 6 33 Section 68B.7, which prohibits former state officials, 6 34 employees, legislators, and legislative employees from 6 35 appearances or receiving compensation for services from others 7 1 on matters with which those persons were directly or 7 2 personally involved and which prohibits board or commission 7 3 members, or regulatory agency heads and deputies, from 7 4 accepting employment with or receiving compensation for 7 5 services from others for appearances in front of that agency 7 6 after termination of employment, is rewritten and the 7 7 language, which is contained in that section that prohibits 7 8 board and commission members and regulatory agency heads from 7 9 lobbying the general assembly after termination of service, is 7 10 stricken. A postemployment lobbying activities prohibition 7 11 which would apply to the same persons is contained in section 7 12 68B.5A. 7 13 The board complaint process, which is contained in section 7 14 68B.32B, is amended to delete a preliminary staff review of 7 15 complaints for legal sufficiency. Legal sufficiency will, 7 16 instead, be determined by the board under the changes. 7 17 Personal financial disclosure requirements, found in 7 18 section 68B.35, are changed to delete the annual $1,000 7 19 threshold and to require, for statewide elected officials and 7 20 statewide candidates, executive branch agency heads, deputy 7 21 executive branch agency heads, the ethics and campaign 7 22 disclosure board, and persons within executive branch agencies 7 23 who exercise substantial administrative discretion to file an 7 24 itemization of the specific sources of income, including the 7 25 name, address, and description of the source. A tax return 7 26 may be filed in lieu of the itemization. Legislators, 7 27 legislative employees, and certain enumerated board and 7 28 commission members and agencies, who do have to file the 7 29 personal financial disclosure statements, do not have to file 7 30 the itemization or their tax returns and still are subject to 7 31 the $1,000 threshold for the reporting of sources of income. 7 32 The deadlines for the filing of personal financial 7 33 disclosure statements by candidates are amended to reference 7 34 additional methods by which and dates on which a person may 7 35 become a candidate. The changes are qualified to provide, 8 1 however, that no candidate is required to file before the date 8 2 specified for the filing of the statement by an incumbent for 8 3 the same office. 8 4 LSB 2161SC 76 8 5 lh/sc/14
Text: SSB00174 Text: SSB00176 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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