Text: SSB03077                          Text: SSB03079
Text: SSB03000 - SSB03099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 3078

Bill Text

PAG LIN
  1  1    Section 1.  Section 68B.26, Code 1999, is amended to read
  1  2 as follows:
  1  3    68B.26  ACTIONS COMMENCED.
  1  4    Actions against public officials or public employees to
  1  5 enforce the provisions of this chapter may be commenced by the
  1  6 filing of a complaint with the county attorney by any legal
  1  7 resident of the state of Iowa who is eighteen years of age or
  1  8 more at the time of commencing the action or by the attorney
  1  9 general.  Complaints regarding conduct of local officials or
  1 10 local employees which violates this chapter shall be filed
  1 11 with the county attorney in the county where the accused
  1 12 resides.  However, if the county attorney is the person
  1 13 against whom the complaint is filed, or if the county attorney
  1 14 otherwise has a personal or legal conflict of interest, the
  1 15 complaint shall be filed with the attorney general.
  1 16    Sec. 2.  Section 68B.32D, subsection 1, Code 1999, is
  1 17 amended by adding the following new paragraph:
  1 18    NEW PARAGRAPH.  j.  Charge a fee to the respondent not to
  1 19 exceed seventy-five dollars for conducting a contested case
  1 20 proceeding pursuant to this chapter, chapter 56, or rules
  1 21 adopted by the board which leads to a disciplinary action
  1 22 against the respondent.  In addition to the fee, the board may
  1 23 recover costs for all of the following procedures along with
  1 24 associated personnel expenses for the procedures:
  1 25    (1)  Preparation of a transcript of the proceeding.
  1 26    (2)  Witness fees and expenses.
  1 27    (3)  Depositions.
  1 28    Sec. 3.  Section 68B.32D, subsection 3, Code 1999, is
  1 29 amended to read as follows:
  1 30    3.  If a person fails to comply with an order action of the
  1 31 board under subsection 1, paragraph "a", "b", "c", or "h", the
  1 32 board may petition the Polk county district court having
  1 33 jurisdiction for an order for enforcement of the order action
  1 34 of the board.  The enforcement proceeding shall be conducted
  1 35 as provided in section 68B.33.
  2  1    Sec. 4.  Section 68B.38, subsection 1, Code 1999, is
  2  2 amended to read as follows:
  2  3    1.  Beginning in 1994, no later than On or before January
  2  4 31 and July 31 of each year, unless no payments are made, a
  2  5 lobbyist's client shall file with the general assembly or
  2  6 board a report that contains information on all salaries,
  2  7 fees, and retainers paid by the lobbyist's client to the
  2  8 lobbyist for lobbying purposes during the preceding six
  2  9 calendar months.  Reports by lobbyists' clients shall be filed
  2 10 with the same entity with which the lobbyist filed the
  2 11 lobbyist's registration.  
  2 12                           EXPLANATION
  2 13    This bill limits actions which can be commenced to enforce
  2 14 provisions of the Code relating to conflicts of interest of
  2 15 public officers and public employees.  The bill provides that
  2 16 an action may only be brought against local officials or local
  2 17 employees and not against state employees or legislative
  2 18 employees.  The bill does not impact the legislative ethics
  2 19 committee's jurisdiction over legislators and lobbyists and
  2 20 the Iowa ethics and campaign disclosure board's jurisdiction
  2 21 over state officials and employees of state government.
  2 22    The bill provides that, in an action to enforce provisions
  2 23 of the Code relating to conflicts of interest of public
  2 24 officers and employees, the complaint shall be filed with the
  2 25 attorney general if the county attorney is the person against
  2 26 whom the complaint is filed or if the county attorney
  2 27 otherw