Text: HF00380 Text: HF00382 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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
© 2001 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed May 9 09:40:40 CDT 2001
URL: /DOCS/GA/79GA/Legislation/HF/00300/HF00381/010222.html
jhf