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
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