Text: HF00380                           Text: HF00382
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index


House File 381

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 68B.32B, subsection 11, Code 2001, is
  1  2 amended by striking the subsection and inserting in lieu
  1  3 thereof the following:
  1  4    11.  a.  When a complaint is filed with or initiated by the
  1  5 board alleging a violation of this chapter, chapter 56, or the
  1  6 administrative rules pertaining to either chapter, a person
  1  7 shall not disclose any information related to the matter,
  1  8 including the fact that a complaint has been filed, the
  1  9 allegations contained in the complaint, and related
  1 10 information provided to the board.  A violation of this
  1 11 paragraph shall constitute a violation of this chapter,
  1 12 subject to the penalties in chapter 68B.32D.
  1 13    b.  Notwithstanding paragraph "a", the following persons
  1 14 are specifically excluded from the provisions and penalties of
  1 15 paragraph "a" in the following situations:
  1 16    (1)  A person who is a subject of a complaint or
  1 17 investigation may publicly disclose the existence of a
  1 18 complaint or investigation.
  1 19    (2)  The board may disclose a complaint or information
  1 20 gathered during the course of an investigation:
  1 21    (a)  Once the board dismisses a complaint for failure of
  1 22 probable cause to believe a violation of law or rule has
  1 23 occurred, or the board closes an investigation without filing
  1 24 a complaint.
  1 25    (b)  If the board initiates a contested case proceeding,
  1 26 orders informal resolution of the matter, or directs staff to
  1 27 negotiate an informal settlement.
  1 28    (c)  To law enforcement authorities, if investigative
  1 29 materials or other information provided to the board
  1 30 demonstrate an apparent violation of law.  
  1 31                           EXPLANATION
  1 32    This bill replaces the existing Code language in Code
  1 33 section 68B.32B, subsection 11, regarding the confidentiality
  1 34 of complaints and investigative material before the Iowa
  1 35 ethics and campaign disclosure board.
  2  1    The bill provides that a person shall not disclose any
  2  2 information related to the matter of a complaint or
  2  3 investigation, including the fact that a complaint has been
  2  4 filed, the allegations contained in the complaint, and related
  2  5 information provided to the board.  A person violating the
  2  6 provisions is subject to the penalties in Code section
  2  7 68B.32D, including payment of a civil penalty not exceeding
  2  8 $2,000.
  2  9    The bill specifically exempts from penalty for disclosure
  2 10 persons who are the subject of a complaint or investigation.
  2 11 The board is also exempted in three instances:  (1) after
  2 12 dismissal of a complaint for failure of probable cause to
  2 13 establish a violation of law or rule, or after closure of an
  2 14 investigation without filing a complaint; (2) if the board
  2 15 initiates a contested case proceeding, orders informal
  2 16 resolution of the matter, or directs staff to negotiate an
  2 17 informal settlement; and (3) if investigative materials or
  2 18 other information demonstrate an apparent violation of law,
  2 19 the board may disclose such information to law enforcement
  2 20 authorities.  
  2 21 LSB 2012YH 79
  2 22 jj/cls/14
     

Text: HF00380                           Text: HF00382
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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