Text: SSB01058 Text: SSB01060 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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 obtainedor held by1 4independent special counselduring the course of an 1 5 investigation conducted pursuant to section 68B.32B or 68B.34. 1 6 Information that is disclosedto a legislative ethics1 7committeesubsequent to a determination of probable causeby1 8independent special counsel andmade 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 19This section does not preclude persons from providing1 20information to the board for possible board-initiated1 21investigation 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 complaintshall be a public record, but some or2 22all of the contents may be treated as confidential under2 23section 22.7, subsection 18, to the extent necessary under2 24subsection 3 of this section. Information informally, or any 2 25 information reported to the board and board staffwhichthat 2 26 results in a board-initiated investigation, shall be a public 2 27 recordbut may be treated as confidential information2 28consistent with the provisions of section 22.7, subsection 18. 2 29If the complainant, the person who provides information to the2 30board, or the person who is the subject of an investigation2 31publicly discloses the existence of an investigation, the2 32board may publicly confirm the existence of the disclosed2 33formal complaint or investigation and, in the board's2 34discretion, make the complaint or the informal referral2 35public, as well as any other documents that were issued by the3 1board to any party to the investigation. However,3 2investigative materials may be furnished to the appropriate3 3law enforcement authorities by the board at any time.3 4 b. Upon thecommencementsending 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
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