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Senate File 349

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 22.7, subsection 29, Code 2001, is
  1  2 amended to read as follows:
  1  3    29.  Records and information obtained or held by
  1  4 independent special counsel during the course of an
  1  5 investigation conducted pursuant to section 68B.32B or 68B.34.
  1  6 Information that is disclosed to a legislative ethics
  1  7 committee subsequent to a determination of probable cause by
  1  8 independent special counsel and made pursuant to section
  1  9 68B.31 or section 68B.32B, subsection 10, is not a
  1 10 confidential record unless the document or information is
  1 11 deemed protected under law and is redacted from the public
  1 12 record as a whole, or as otherwise provided by law.
  1 13    Sec. 2.  Section 68B.32B, subsections 7, 8, and 11, Code
  1 14 2001, are amended to read as follows:
  1 15    7.  a.   Notwithstanding subsections 1 through 6, the board
  1 16 may, on its own motion and without the filing of a complaint
  1 17 by another person, initiate investigations into matters that
  1 18 the board believes may be subject to the board's jurisdiction.
  1 19 This section does not preclude persons from providing
  1 20 information to the board for possible board-initiated
  1 21 investigation instead of filing a complaint.
  1 22    b.  A person may initiate a board investigation into a
  1 23 possible violation of rule or statute subject to the board's
  1 24 jurisdiction by filing a request for investigation instead of
  1 25 filing a complaint.  A request for investigation must include
  1 26 the name and address of the person making the request, a
  1 27 statement of the information about the possible violation of
  1 28 rule or statute that forms the basis for the request,
  1 29 including the sources of information, and relevant dates and
  1 30 places related to the possible violation of rule or statute.
  1 31    c.  A person shall not initiate a complaint or
  1 32 investigation under this section by providing anonymous
  1 33 information to the board, and the board shall not regard any
  1 34 information submitted to it as confidential, notwithstanding
  1 35 section 22.7, subsection 18.
  2  1    8.  a.  The purpose of an investigation by the board's
  2  2 staff is to determine whether there is probable cause to
  2  3 believe that there has been a violation of this chapter or of
  2  4 rules adopted by the board.
  2  5    b.  To facilitate the conduct of investigations and
  2  6 hearings, the board may issue and seek enforcement of
  2  7 subpoenas requiring the attendance and testimony of witnesses
  2  8 and subpoenas requiring the production of books, papers,
  2  9 records, and other real evidence relating to the matter under
  2 10 investigation.
  2 11    c.  To prevent investigations under this section from being
  2 12 prejudiced or otherwise compromised, all documents and other
  2 13 investigative material shall be deemed a confidential record,
  2 14 pursuant to section 22.7, subsection 29, until the board
  2 15 determines that there is no probable cause to believe a
  2 16 violation has occurred, until the board directs administrative
  2 17 resolution or informal settlement of the matter, or until a
  2 18 notice of a contested case proceeding is sent under subsection
  2 19 9.
  2 20    d.  Upon the request of the board, an appropriate county
  2 21 attorney or the attorney general shall assist the staff of the
  2 22 board in its investigation.
  2 23    11.  a.  A complaint shall be a public record, but some or
  2 24 all of the contents may be treated as confidential under
  2 25 section 22.7, subsection 18, to the extent necessary under
  2 26 subsection 3 of this section.  Information informally, or any
  2 27 information reported to the board and board staff which that
  2 28 results in a board-initiated investigation, shall be a public
  2 29 record but may be treated as confidential information
  2 30 consistent with the provisions of section 22.7, subsection 18.
  2 31 If the complainant, the person who provides information to the
  2 32 board, or the person who is the subject of an investigation
  2 33 publicly discloses the existence of an investigation, the
  2 34 board may publicly confirm the existence of the disclosed
  2 35 formal complaint or investigation and, in the board's
  3  1 discretion, make the complaint or the informal referral
  3  2 public, as well as any other documents that were issued by the
  3  3 board to any party to the investigation.  However,
  3  4 investigative materials may be furnished to the appropriate
  3  5 law enforcement authorities by the board at any time.
  3  6    b.  Upon the commencement sending of notice of a contested
  3  7 case proceeding by the board, all investigative material
  3  8 relating to that proceeding shall be made available to the
  3  9 subject of the proceeding.
  3 10    c.  The entire record of any concluded contested case
  3 11 proceeding initiated under this section shall be a public
  3 12 record, subject to disclosure restrictions imposed by law on
  3 13 particular documents or certain information in particular
  3 14 documents, which documents or information may be redacted from
  3 15 the record of the concluded contested case proceeding.
  3 16    d.  The board may notify any appropriate law enforcement
  3 17 authority of apparent violations of law not under the board's
  3 18 jurisdiction that are discovered during the course of any
  3 19 complaint, investigation, or contested case proceeding.
  3 20    e.  Any person who acts reasonably and in good faith in
  3 21 making notification to law enforcement authorities under this
  3 22 subsection is immune from any liability, civil or criminal,
  3 23 which might otherwise be incurred or imposed for making such
  3 24 notification.
  3 25    Sec. 3.  Section 68B.35, Code 2001, is amended by adding
  3 26 the following new subsection:
  3 27    NEW SUBSECTION.  6.  The board, the chief clerk of the
  3 28 house, the secretary of the senate, and any other person or
  3 29 body shall each respectively provide public access to the
  3 30 personal financial disclosure statements on file in its
  3 31 respective office, and shall allow for the making of copies
  3 32 and the payment of a reasonable fee, according to the
  3 33 provisions of chapter 22.
  3 34    Sec. 4.  Section 68B.35A, Code 2001, is amended by striking
  3 35 the section and inserting in lieu thereof the following:
  4  1    68B.35A  PERSONAL FINANCIAL DISCLOSURE STATEMENTS OF STATE
  4  2 OFFICIALS AND EMPLOYEES – PUBLIC ACCESS.
  4  3    A paper or electronic copy of each personal financial
  4  4 disclosure statement filed with the board, the chief clerk of
  4  5 the house, the secretary of the senate, or any other person or
  4  6 body, respectively, pursuant to the provisions of section
  4  7 68B.35, shall be forwarded to the secretary of state for the
  4  8 publishing of the information by electronic means.  
  4  9 SF 349
  4 10 jj/cc/26
     
Text: SF00348                           Text: SF00350
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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