Text: SSB01058                          Text: SSB01060
Text: SSB01000 - SSB01099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index



Senate Study Bill 1059

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, or until a notice of a contested case
  2 17 proceeding is sent under subsection 9.
  2 18    d.  Upon the request of the board, an appropriate county
  2 19 attorney or the attorney general shall assist the staff of the
  2 20 board in its investigation.
  2 21    11.  a.  A complaint shall be a public record, but some or
  2 22 all of the contents may be treated as confidential under
  2 23 section 22.7, subsection 18, to the extent necessary under
  2 24 subsection 3 of this section.  Information informally, or any
  2 25 information reported to the board and board staff which that
  2 26 results in a board-initiated investigation, shall be a public
  2 27 record but may be treated as confidential information
  2 28 consistent with the provisions of section 22.7, subsection 18.
  2 29 If the complainant, the person who provides information to the
  2 30 board, or the person who is the subject of an investigation
  2 31 publicly discloses the existence of an investigation, the
  2 32 board may publicly confirm the existence of the disclosed
  2 33 formal complaint or investigation and, in the board's
  2 34 discretion, make the complaint or the informal referral
  2 35 public, as well as any other documents that were issued by the
  3  1 board to any party to the investigation.  However,
  3  2 investigative materials may be furnished to the appropriate
  3  3 law enforcement authorities by the board at any time.
  3  4    b.  Upon the commencement sending of notice of a contested
  3  5 case proceeding by the board, all investigative material
  3  6 relating to that proceeding shall be made available to the
  3  7 subject of the proceeding.
  3  8    c.  The entire record of any concluded contested case
  3  9 proceeding initiated under this section shall be a public
  3 10 record, subject to disclosure restrictions imposed by law on
  3 11 particular documents or certain information in particular
  3 12 documents, which documents or information may be redacted from
  3 13 the record of the concluded contested case proceeding.
  3 14    d.  The board may notify any appropriate law enforcement
  3 15 authority of apparent violations of law not under the board's
  3 16 jurisdiction that are discovered during the course of any
  3 17 complaint, investigation, or contested case proceeding.
  3 18    e.  Any person who acts reasonably and in good faith in
  3 19 making notification to law enforcement authorities under this
  3 20 subsection is immune from any liability, civil or criminal,
  3 21 which might otherwise be incurred or imposed for making such
  3 22 notification.  
  3 23                           EXPLANATION
  3 24    This bill amends Code section 68B.32B to provide that
  3 25 information provided to the Iowa ethics and campaign
  3 26 disclosure board, whether in a complaint or as information
  3 27 used to initiate an investigation, may not be submitted
  3 28 anonymously.  Corresponding amendments are made to Code
  3 29 section 22.7 regarding the confidentiality of investigative
  3 30 material.  The bill also divides some existing language in
  3 31 Code section 68B.32B into paragraphs.
  3 32    The bill allows a person to file a request for an
  3 33 investigation, and requires that a person must include the
  3 34 name and address of the person making the request, as well as
  3 35 a statement of the information about the possible violation of
  4  1 rule or statute that forms the basis for the request.  The
  4  2 bill expressly prohibits a person from initiating a complaint
  4  3 or investigation under this section by providing anonymous
  4  4 information to the board, and the board may not regard any
  4  5 information submitted to it as confidential, notwithstanding
  4  6 section 22.7, subsection 18.
  4  7    The bill provides that investigative material is considered
  4  8 a confidential record under Code section 22.7, subsection 29,
  4  9 until the board determines that there is no probable cause to
  4 10 believe that a violation has occurred, or until a notice of a
  4 11 contested case proceeding is sent under Code section 68B.32B,
  4 12 subsection 9.  A corresponding amendment is made to Code
  4 13 section 22.7, subsection 29, to provide expressly for the
  4 14 confidentiality of investigative material prior to the
  4 15 probable cause determination.
  4 16    The bill provides that any information provided to the Iowa
  4 17 ethics and campaign disclosure board that results in an
  4 18 investigation shall be considered a public record, in addition
  4 19 to the official complaint in the matter.  The bill deletes
  4 20 existing language that allowed parts of the complaint and
  4 21 investigative material to be treated as confidential, as well
  4 22 as certain provisions relating to public confirmation of an
  4 23 ongoing investigation.
  4 24    The bill provides that documents or information that are
  4 25 protected by disclosure restrictions imposed by law may be
  4 26 redacted in whole or in part from the entire record of the
  4 27 concluded contested case proceeding.
  4 28    The bill provides that the board may notify law enforcement
  4 29 authorities of violations of law not under the board's
  4 30 jurisdiction discovered during any complaint, investigation,
  4 31 or contested case proceeding.  A person who makes such
  4 32 notification reasonably and in good faith is immune from
  4 33 liability.  
  4 34 LSB 1980XC 79
  4 35 jj/pj/5
     

Text: SSB01058                          Text: SSB01060
Text: SSB01000 - SSB01099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home 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: Thu Feb 15 03:35:21 CST 2001
URL: /DOCS/GA/79GA/Legislation/SSB/01000/SSB01059/010130.html
jhf