Text: HF02526 Text: HF02528 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 68B.32, subsection 1, Code 2001, is 1 2 amended to read as follows: 1 3 1. An Iowa ethics and campaign disclosure board is 1 4 established as an independent agency.Effective January 1,1 51994, theThe board shall administer this chapter and set 1 6 standards for, investigate complaints relating to, and monitor 1 7 the ethics of officials, employees, lobbyists, and candidates 1 8 for office in the executive branch of state government. The 1 9 board shall administer chapter 721 and set standards for, 1 10 investigate complaints relating to, and monitor the conduct of 1 11 officials, employees, and candidates for office in the 1 12 executive branch of state government under chapter 721. The 1 13 board shall also administer and set standards for, investigate 1 14 complaints relating to, and monitor the campaign finance 1 15 practices of candidates for public office. The board shall 1 16 consist of six members and shall be balanced as to political 1 17 affiliation as provided in section 69.16. The members shall 1 18 be appointed by the governor, subject to confirmation by the 1 19 senate. 1 20 Sec. 2. Section 68B.32, subsection 5, Code 2001, is 1 21 amended to read as follows: 1 22 5. The board shall employ a full-time executive director 1 23 who shall be the board's chief administrative officer. The 1 24 board shall employ or contract for the employment of legal 1 25 counsel notwithstanding section 13.7, and any other personnel 1 26 as may be necessary to carry out the duties of the board. The 1 27 board's legal counsel shall be the chief legal officer of the 1 28 board, and shall advise the board on all legal matters 1 29 relating to the administration of this chapter,andchapter 1 30 56, and chapter 721. The state may be represented by the 1 31 board's legal counsel in any civil action regarding the 1 32 enforcement of this chapter,orchapter 56, or,chapter 721, 1 33 or at the board's request, the state may be represented by the 1 34 office of the attorney general. Notwithstanding section 1 35 19A.3, all of the board's employees, except for the executive 2 1 director and legal counsel, shall be employed subject to the 2 2 merit system provisions of chapter 19A. The salary of the 2 3 executive director shall be fixed by the board, within the 2 4 range established by the general assembly. The salary of the 2 5 legal counsel shall be fixed by the board, within a salary 2 6 range established by the department of personnel for a 2 7 position requiring similar qualifications and experience. 2 8 Sec. 3. Section 68B.32A, subsections 1, 5, 8, and 11, Code 2 9 2001, are amended to read as follows: 2 10 1. Adopt rules pursuant to chapter 17A and conduct 2 11 hearings under sections 68B.32B and 68B.32C and chapter 17A, 2 12 as necessary to carry out the purposes of this chapter,and2 13 chapter 56, and chapter 721. 2 14 5. Prepare and publish a manual setting forth examples of 2 15 approved uniform systems of accounts and approved methods of 2 16 disclosure for use by persons required to file statements and 2 17 reports under this chapter and chapter 56. The board shall 2 18 also prepare and publish other educational materials, and any 2 19 other reports or materials deemed appropriate by the board. 2 20 The board shall annually provide all officials and state 2 21 employees with notification of the contents of this chapter, 2 22andchapter 56, and chapter 721 by distributing copies of 2 23 educational materials to associations that represent the 2 24 interests of the various governmental entities for 2 25 dissemination to their membership. 2 26 8. Establish and impose penalties, and recommendations for 2 27 punishment of persons who are subject to penalties of or 2 28 punishment by the board or by other bodies, for the failure to 2 29 comply with the requirements of this chapter,orchapter 56, 2 30 or chapter 721. 2 31 11. Establish a procedure for requesting and issuing 2 32 formal and informal board opinions to local officials and 2 33 employees and to persons subject to the authority of the board 2 34 under this chapter,orchapter 56, or chapter 721. Advice 2 35 contained in formal board opinions shall, if followed, 3 1 constitute a defense to a complaint filed with the board 3 2 alleging a violation of this chapter, chapter 56, chapter 721, 3 3 or rules of the board that is based on the same facts and 3 4 circumstances. 3 5 Sec. 4. Section 68B.32B, subsections 1, 4, 8, 9, and 10, 3 6 Code 2001, are amended to read as follows: 3 7 1. a. Any person may file a complaint alleging that a 3 8 candidate, committee, person holding a state office in the 3 9 executive branch of state government, employee of the 3 10 executive branch of state government, or other person has 3 11 committed a violation of chapter 56 or rules adopted by the 3 12 board. 3 13 b. Any person may file a complaint alleging that a person 3 14 holding a state office in the executive branch of state 3 15 government, an employee of the executive branch of state 3 16 government, or a lobbyist or a client of a lobbyist of the 3 17 executive branch of state government has committed a violation 3 18 of this chapter or rules adopted by the board. 3 19 c. Any person may file a complaint alleging that a public 3 20 officer or employee or other person has committed a violation 3 21 of chapter 721 or rules adopted by the board. 3 22 d. The board shall prescribe and provide forms forthis3 23purposethe purposes of this section. 3 24 e. A complaint under this section must include the name 3 25 and address of the complainant, a statement of the facts 3 26 believed to be true that form the basis of the complaint, 3 27 including the sources of information and approximate dates of 3 28 the acts alleged, and a certification by the complainant under 3 29 penalty of perjury that the facts stated to be true are true 3 30 to the best of the complainant's knowledge. 3 31 4. Upon completion of legal review, the chairperson of the 3 32 board shall be advised whether, in the opinion of the legal 3 33 advisor, the complaint states an allegationwhichthat is 3 34 legally sufficient. A legally sufficient allegation must 3 35 allege all of the following: 4 1 a. Facts that would establish a violation of a provision 4 2 of this chapter, chapter 56, chapter 721, or rules adopted by 4 3 the board. 4 4 b. Facts that would establish that the conduct providing 4 5 the basis for the complaint occurred within three years of the 4 6 complaint. 4 7 c. Facts that would establish that the subject of the 4 8 complaint is a party subject to the jurisdiction of the board. 4 9 8. The purpose of an investigation by the board's staff is 4 10 to determine whether there is probable cause to believe that 4 11 there has been a violation of this chapter, chapter 56, 4 12 chapter 721, or of rules adopted by the board. To facilitate 4 13 the conduct of investigations, the board may issue and seek 4 14 enforcement of subpoenas requiring the attendance and 4 15 testimony of witnesses and subpoenas requiring the production 4 16 of books, papers, records, and other real evidence relating to 4 17 the matter under investigation. Upon the request of the 4 18 board, an appropriate county attorney or the attorney general 4 19 shall assist the staff of the board in its investigation. 4 20 9. If the board determines on the basis of an 4 21 investigation by board staff that there is probable cause to 4 22 believe the existence of facts that would establish a 4 23 violation of this chapter, chapter 721, or of rules adopted by 4 24 the board, the board may issue a statement of charges and 4 25 notice of a contested case proceeding to the complainant and 4 26 to the person who is the subject of the complaint, in the 4 27 manner provided for the issuance of statements of charges 4 28 under chapter 17A. If the board determines on the basis of an 4 29 investigation by staff that there is no probable cause to 4 30 believe that a violation has occurred, the board shall close 4 31 the investigation, dismiss any related complaint, and the 4 32 subject of the complaint shall be notified of the dismissal. 4 33 If the investigation originated from a complaint filed by a 4 34 person other than the board, the person making the complaint 4 35 shall also be notified of the dismissal. 5 1 10. At any stage during the investigation or after the 5 2 initiation of a contested case proceeding, the board may 5 3 approve a settlement regarding an alleged violation. Terms of 5 4 a settlement shall be reduced to writing and be available for 5 5 public inspection. An informal settlement may provide for any 5 6 remedy specified in section 68B.32D. However, the board shall 5 7 not approve a settlement unless the board determines that the 5 8 terms of the settlement are in the public interest and are 5 9 consistent with the purposes of this chapterand, chapter 56, 5 10 chapter 721, or of rules of the board. In addition, the board 5 11 may authorize board staff to seek informal voluntary 5 12 compliance in routine matters brought to the attention of the 5 13 board or its staff. 5 14 Sec. 5. Section 68B.32C, subsections 1 and 3, Code 2001, 5 15 are amended to read as follows: 5 16 1. Contested case proceedings initiated as a result of the 5 17 issuance of a statement of charges pursuant to section 5 18 68B.32B, subsection 9, shall be conducted in accordance with 5 19 the requirements of chapter 17A. Clear and convincing 5 20 evidence shall be required to support a finding that a person 5 21 has violated this chapter, chapter 721, or any rules adopted 5 22 by the board pursuant to this chapter or chapter 721. A 5 23 preponderance of the evidence shall be required to support a 5 24 finding that a person has violated chapter 56 or any rules 5 25 adopted by the board pursuant to chapter 56. The case in 5 26 support of the statement of charges shall be presented at the 5 27 hearing by one of the board's attorneys or staff unless, upon 5 28 the request of the board, the charges are prosecuted by 5 29 another legal counsel designated by the attorney general. A 5 30 person making a complaint under section 68B.32B, subsection 1, 5 31 is not a party to contested case proceedings conducted 5 32 relating to allegations contained in the complaint. 5 33 3. Upon a finding by the board that the party charged has 5 34 violated this chapter, chapter 721, or rules adopted by the 5 35 board, the board may impose any penalty provided for by 6 1 section 68B.32D. Upon a final decision of the board finding 6 2 that the party charged has not violated this chapter, chapter 6 3 721, or the rules of the board, the complaint shall be 6 4 dismissed and the party charged and the original complainant, 6 5 if any, shall be notified. 6 6 Sec. 6. Section 68B.32D, subsection 1, Code 2001, is 6 7 amended to read as follows: 6 8 1. The board, after a hearing and upon a finding that a 6 9 violation of this chapter, chapter 56, chapter 721, or rules 6 10 adopted by the board has occurred, may do one or more of the 6 11 following: 6 12 a. Issue an order requiring the violator to cease and 6 13 desist from the violation found. 6 14 b. Issue an order requiring the violator to take any 6 15 remedial action deemed appropriate by the board. 6 16 c. Issue an order requiring the violator to file any 6 17 report, statement, or other information as required by this 6 18 chapter, chapter 56, chapter 721, or rules adopted by the 6 19 board. 6 20 d. Publicly reprimand the violator for violations of this 6 21 chapter, chapter 56, chapter 721, or rules adopted by the 6 22 board in writing and provide a copy of the reprimand to the 6 23 violator's appointing authority. 6 24 e. Make a written recommendation to the violator's 6 25 appointing authority that the violator be removed or suspended 6 26 from office, and include in the recommendation the length of 6 27 the suspension. 6 28 f. If the violation is a violation of this chapter, 6 29 chapter 721, or rules adopted by the board pursuant to this 6 30 chapter and the violator is an elected official of the 6 31 executive branch of state government, other than an official 6 32 who can only be removed by impeachment, make a written 6 33 recommendation to the attorney general or the appropriate 6 34 county attorney that an action for removal from office be 6 35 initiated pursuant to chapter 66. 7 1 g. If the violation is a violation of this chapter or 7 2 rules adopted by the board pursuant to this chapter and the 7 3 violator is a lobbyist of the executive branch of state 7 4 government, censure, reprimand, or impose other sanctions 7 5 deemed appropriate by the board. A lobbyist may also be 7 6 suspended from lobbying activities if the board finds that 7 7 suspension is an appropriate sanction for the violation 7 8 committed. 7 9 h. Issue an order requiring the violator to pay a civil 7 10 penalty of not more than two thousand dollars for each 7 11 violation of this chapter, chapter 56, chapter 721, or rules 7 12 adopted by the board. 7 13 i. Refer the complaint and supporting information to the 7 14 attorney general or appropriate county attorney with a 7 15 recommendation for prosecution or enforcement of criminal 7 16 penalties. 7 17 Sec. 7. NEW SECTION. 721.13 COMPLAINTS FILED WITH IOWA 7 18 ETHICS AND CAMPAIGN DISCLOSURE BOARD. 7 19 Complaints concerning possible violations of this chapter 7 20 involving executive branch officers, executive branch 7 21 employees, or candidates for executive branch elected office 7 22 shall be filed with the Iowa ethics and campaign disclosure 7 23 board pursuant to section 68B.32B. 7 24 Sec. 8. CODE EDITOR DIRECTIVE. The Code editor shall move 7 25 and renumber chapter 56 as chapter 68A, and shall change all 7 26 references to chapter 56 appropriately throughout the Code. 7 27 EXPLANATION 7 28 This bill provides that complaints regarding possible 7 29 violations of Code chapter 721, relating to official 7 30 misconduct, are to be filed with the Iowa ethics and campaign 7 31 disclosure board. Code chapter 721 contains such prohibitions 7 32 for state employees such as using public motor vehicles for 7 33 political purposes, engaging in campaign work during state 7 34 employment, and furnishing anything of value to the state 7 35 under a contract other than one awarded through open and 8 1 competitive bidding. Other amendments are also made to 8 2 various provisions in Code chapter 68B to add appropriate 8 3 references to Code chapter 721. 8 4 The bill also directs the Code editor to designate Code 8 5 chapter 56, relating to campaign finance disclosure, as Code 8 6 chapter 68A, and to make appropriate changes throughout the 8 7 Code as necessary to reflect the change. 8 8 LSB 5344HV 79 8 9 jj/cf/24
Text: HF02526 Text: HF02528 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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