Text: HSB00228 Text: HSB00230 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 68B.25, Code 2003, is amended to read 1 2 as follows: 1 3 68B.25 ADDITIONAL PENALTY. 1 4 In addition to any penalty contained in any other provision 1 5 of law, a person who knowingly and intentionally violates a 1 6 provision of sections 68B.2A through 68B.7, sections 68B.22 1 7 through 68B.24, or sections 68B.35 through68B.3868B.37 is 1 8 guilty of a serious misdemeanor and may be reprimanded, 1 9 suspended, or dismissed from the person's position or 1 10 otherwise sanctioned. 1 11 Sec. 2. Section 68B.32, subsection 1, Code 2003, is 1 12 amended to read as follows: 1 13 1. An Iowa ethics and campaign disclosure board is 1 14 established as an independent agency.Effective January 1,1 151994, theThe board shall administer this chapter and set 1 16 standards for, investigate complaints relating to, and monitor 1 17 the ethics of officials, employees, lobbyists, and candidates 1 18 for office in the executive branch of state government. The 1 19 board shall administer, set standards for, and investigate 1 20 complaints relating to, and monitor the conduct of officials, 1 21 employees, and candidates for office in the executive branch 1 22 of state government concerning possible violations of chapter 1 23 721. The board shall also administer and set standards for, 1 24 investigate complaints relating to, and monitor the campaign 1 25 finance practices of candidates for public office. The board 1 26 shall consist of six members and shall be balanced as to 1 27 political affiliation as provided in section 69.16. The 1 28 members shall be appointed by the governor, subject to 1 29 confirmation by the senate. 1 30 Sec. 3. Section 68B.32, subsection 5, Code 2003, is 1 31 amended to read as follow: 1 32 5. The board shall employ a full-time executive director 1 33 who shall be the board's chief administrative officer. The 1 34 board shall employ or contract for the employment of legal 1 35 counsel notwithstanding section 13.7, and any other personnel 2 1 as may be necessary to carry out the duties of the board. The 2 2 board's legal counsel shall be the chief legal officer of the 2 3 board, and shall advise the board on all legal matters 2 4 relating to the administration of this chapter and chapter 56, 2 5 and the complaint provisions of chapter 721. The state may be 2 6 represented by the board's legal counsel in any civil action 2 7 regarding the enforcement of this chapter,orchapter 56, or,2 8 chapter 721, or at the board's request, the state may be 2 9 represented by the office of the attorney general. 2 10 Notwithstanding section 19A.3, all of the board's employees, 2 11 except for the executive director and legal counsel, shall be 2 12 employed subject to the merit system provisions of chapter 2 13 19A. The salary of the executive director shall be fixed by 2 14 the board, within the range established by the general 2 15 assembly. The salary of the legal counsel shall be fixed by 2 16 the board, within a salary range established by the department 2 17 of personnel for a position requiring similar qualifications 2 18 and experience. 2 19 Sec. 4. Section 68B.32A, subsection 1, 5, 8, and 11, Code 2 20 2003, are amended to read as follows: 2 21 1. Adopt rules pursuant to chapter 17A and conduct 2 22 hearings under sections 68B.32B and 68B.32C and chapter 17A, 2 23 as necessary to carry out the purposes of this chapter and 2 24 chapter 56, and the complaint provisions of chapter 721. 2 25 5. Prepare and publish a manual setting forth examples of 2 26 approved uniform systems of accounts and approved methods of 2 27 disclosure for use by persons required to file statements and 2 28 reports under this chapter and chapter 56. The board shall 2 29 also prepare and publish other educational materials, and any 2 30 other reports or materials deemed appropriate by the board. 2 31 The board shall annually provide all officials and state 2 32 employees with notification of the contents of this chapter, 2 33andchapter 56, and chapter 721 by distributing copies of 2 34 educational materials to associations that represent the 2 35 interests of the various governmental entities for 3 1 dissemination to their membership. 3 2 8. Establish and impose penalties, and recommendations for 3 3 punishment of persons who are subject to penalties of or 3 4 punishment by the board or by other bodies, for the failure to 3 5 comply with the requirements of this chapter or chapter 56, 3 6 including for alleged violations of chapter 721. 3 7 11. Establish a procedure for requesting and issuing 3 8 formal and informal board opinions to local officials and 3 9 employees and to persons subject to the authority of the board 3 10 under this chapter,orchapter 56, or under the complaint 3 11 provisions of chapter 721. Advice contained in formal board 3 12 opinions shall, if followed, constitute a defense to a 3 13 complaint filed with the board alleging a violation of this 3 14 chapter, chapter 56, chapter 721, or rules of the board that 3 15 is based on the same facts and circumstances. 3 16 Sec. 5. Section 68B.32B, subsections 1, 4, 8, 9, and 10, 3 17 Code 2003, are amended to read as follows: 3 18 1. a. Any person may file a complaint alleging that a 3 19 candidate, committee, person holding a state office in the 3 20 executive branch of state government, employee of the 3 21 executive branch of state government, or other person has 3 22 committed a violation of chapter 56 or rules adopted by the 3 23 board. 3 24 b. Any person may file a complaint alleging that a person 3 25 holding a state office in the executive branch of state 3 26 government, an employee of the executive branch of state 3 27 government, or a lobbyist or a client of a lobbyist of the 3 28 executive branch of state government has committed a violation 3 29 of this chapter or rules adopted by the board. 3 30 c. Any person may file a complaint alleging that public 3 31 officer or employee or other person has committed a violation 3 32 of chapter 721 or rules adopted by the board. 3 33 d. The board shall prescribe and provide forms forthis3 34purposethe purposes of this section. 3 35 e. A complaint under this section must include the name 4 1 and address of the complainant, a statement of the facts 4 2 believed to be true that form the basis of the complaint, 4 3 including the sources of information and approximate dates of 4 4 the acts alleged, and a certification by the complainant under 4 5 penalty of perjury that the facts stated to be true are true 4 6 to the best of the complainant's knowledge. 4 7 4. Upon completion of legal review, the chairperson of the 4 8 board shall be advised whether, in the opinion of the legal 4 9 advisor, the complaint states an allegationwhichthat is 4 10 legally sufficient. A legally sufficient allegation must 4 11 allege all of the following: 4 12 a. Facts that would establish a violation of a provision 4 13 of this chapter, chapter 56, chapter 721, or rules adopted by 4 14 the board. 4 15 b. Facts that would establish that the conduct providing 4 16 the basis for the complaint occurred within three years of the 4 17 complaint. 4 18 c. Facts that would establish that the subject of the 4 19 complaint is a party subject to the jurisdiction of the board. 4 20 8. The purpose of an investigation by the board's staff is 4 21 to determine whether there is probable cause to believe that 4 22 there has been a violation of this chapter, chapter 56, 4 23 chapter 721, or of rules adopted by the board. To facilitate 4 24 the conduct of investigations, the board may issue and seek 4 25 enforcement of subpoenas requiring the attendance and 4 26 testimony of witnesses and subpoenas requiring the production 4 27 of books, papers, records, and other real evidence relating to 4 28 the matter under investigation. Upon the request of the 4 29 board, an appropriate county attorney or the attorney general 4 30 shall assist the staff of the board in its investigation. 4 31 9. If the board determines on the basis of an 4 32 investigation by board staff that there is probable cause to 4 33 believe the existence of facts that would establish a 4 34 violation of this chapter, chapter 721, or of rules adopted by 4 35 the board, the board may issue a statement of charges and 5 1 notice of a contested case proceeding to the complainant and 5 2 to the person who is the subject of the complaint, in the 5 3 manner provided for the issuance of statements of charges 5 4 under chapter 17A. If the board determines on the basis of an 5 5 investigation by staff that there is no probable cause to 5 6 believe that a violation has occurred, the board shall close 5 7 the investigation, dismiss any related complaint, and the 5 8 subject of the complaint shall be notified of the dismissal. 5 9 If the investigation originated from a complaint filed by a 5 10 person other than the board, the person making the complaint 5 11 shall also be notified of the dismissal. 5 12 10. At any stage during the investigation or after the 5 13 initiation of a contested case proceeding, the board may 5 14 approve a settlement regarding an alleged violation. Terms of 5 15 a settlement shall be reduced to writing and be available for 5 16 public inspection. An informal settlement may provide for any 5 17 remedy specified in section 68B.32D. However, the board shall 5 18 not approve a settlement unless the board determines that the 5 19 terms of the settlement are in the public interest and are 5 20 consistent with the purposes of this chapterand, chapter 56, 5 21 chapter 721, or of rules of the board. In addition, the board 5 22 may authorize board staff to seek informal voluntary 5 23 compliance in routine matters brought to the attention of the 5 24 board or its staff. 5 25 Sec. 6. Section 68B.32C, subsections 1 and 3, Code 2003, 5 26 are amended to read as follows: 5 27 1. Contested case proceedings initiated as a result of the 5 28 issuance of a statement of charges pursuant to section 5 29 68B.32B, subsection 9, shall be conducted in accordance with 5 30 the requirements of chapter 17A. Clear and convincing 5 31 evidence shall be required to support a finding that a person 5 32 has violated this chapter, chapter 721, or any rules adopted 5 33 by the board pursuant to this chapter or the complaint 5 34 provisions of chapter 721. A preponderance of the evidence 5 35 shall be required to support a finding that a person has 6 1 violated chapter 56 or any rules adopted by the board pursuant 6 2 to chapter 56. The case in support of the statement of 6 3 charges shall be presented at the hearing by one of the 6 4 board's attorneys or staff unless, upon the request of the 6 5 board, the charges are prosecuted by another legal counsel 6 6 designated by the attorney general. A person making a 6 7 complaint under section 68B.32B, subsection 1, is not a party 6 8 to contested case proceedings conducted relating to 6 9 allegations contained in the complaint. 6 10 3. Upon a finding by the board that the party charged has 6 11 violated this chapter, chapter 721, or rules adopted by the 6 12 board, the board may impose any penalty provided for by 6 13 section 68B.32D. Upon a final decision of the board finding 6 14 that the party charged has not violated this chapter, chapter 6 15 721, or the rules of the board, the complaint shall be 6 16 dismissed and the party charged and the original complainant, 6 17 if any, shall be notified. 6 18 Sec. 7. Section 68B.32D, subsection 1, Code 2003, is 6 19 amended to read as follows: 6 20 1. The board, after a hearing and upon a finding that a 6 21 violation of this chapter, chapter 56, chapter 721, or rules 6 22 adopted by the board has occurred, may do one or more of the 6 23 following: 6 24 a. Issue an order requiring the violator to cease and 6 25 desist from the violation found. 6 26 b. Issue an order requiring the violator to take any 6 27 remedial action deemed appropriate by the board. 6 28 c. Issue an order requiring the violator to file any 6 29 report, statement, or other information as required by this 6 30 chapter, chapter 56, or rules adopted by the board. 6 31 d. Publicly reprimand the violator for violations of this 6 32 chapter, chapter 56, chapter 721, or rules adopted by the 6 33 board in writing and provide a copy of the reprimand to the 6 34 violator's appointing authority. 6 35 e. Make a written recommendation to the violator's 7 1 appointing authority that the violator be removed or suspended 7 2 from office, and include in the recommendation the length of 7 3 the suspension. 7 4 f. If the violation is a violation of this chapter, 7 5 chapter 721, or rules adopted by the board pursuant to this 7 6 chapter and the violator is an elected official of the 7 7 executive branch of state government, other than an official 7 8 who can only be removed by impeachment, make a written 7 9 recommendation to the attorney general or the appropriate 7 10 county attorney that an action for removal from office be 7 11 initiated pursuant to chapter 66. 7 12 g. If the violation is a violation of this chapter or 7 13 rules adopted by the board pursuant to this chapter and the 7 14 violator is a lobbyist of the executive branch of state 7 15 government, censure, reprimand, or impose other sanctions 7 16 deemed appropriate by the board. A lobbyist may also be 7 17 suspended from lobbying activities if the board finds that 7 18 suspension is an appropriate sanction for the violation 7 19 committed. 7 20 h. Issue an order requiring the violator to pay a civil 7 21 penalty of not more than two thousand dollars for each 7 22 violation of this chapter, chapter 56, chapter 721, or rules 7 23 adopted by the board. 7 24 i. Refer the complaint and supporting information to the 7 25 attorney general or appropriate county attorney with a 7 26 recommendation for prosecution or enforcement of criminal 7 27 penalties. 7 28 Sec. 8. Section 68B.37, Code 2003, is amended to read as 7 29 follows: 7 30 68B.37 LOBBYIST REPORTING. 7 31 1. For the purposes of this section: 7 32 a. "Expenditures" does not include expenditures made by 7 33 any organization for publishing a newsletter or other 7 34 informational release for its members. 7 35 b. "Six-month reporting period" means the period from 8 1 April 16 through October 15, or October 16 through April 15. 8 2 2. A lobbyist before the general assembly shall file with 8 3 the general assembly, on forms prescribed by each house of the 8 4 general assembly and according to the filing provisions of 8 5 subsection 4, a report disclosing all of the following: 8 6 a. The lobbyist's clients. 8 7 b. Contributions made to candidates for state office by 8 8 the lobbyist duringcalendar months duringthe preceding six- 8 9 month reporting periodwhen the general assembly is not in8 10session. 8 11 c. The recipient of the campaign contributions. 8 12 d.ExpendituresTotal expenditures exceeding one thousand 8 13 dollars made by the lobbyist during the preceding six-month 8 14 reporting period to provide information, service, 8 15 entertainment, sustenance, or other benefit directly to a 8 16 person or group of persons who are members of the general 8 17 assembly, a state agency, or any statewide elected official 8 18 for the purposes of providing the services enumerated under 8 19 section 68B.2, subsection 13, paragraph "a". 8 20 e. The total amount of all salaries fees, and retainers 8 21 paid by each lobbyist's client, prorated among the lobbyist's 8 22 clients, to the lobbyist for lobbying purposes during the 8 23 preceding six months. 8 24For purposes of this subsection, "expenditures" does not8 25include expenditures made by any organization for publishing a8 26newsletter or other informational release for its members.8 272.3. A lobbyist before a state agency or the office of 8 28 the governor shall file with the board, on forms prescribed by 8 29 the board, a report disclosing the same items described in 8 30 subsection12. 8 313.4. a. The reports by lobbyists before the general 8 32 assembly shall be filed not later thantwenty-five days8 33following any month in which the general assembly is in8 34session and thereafter on or before July 31,April 30 and 8 35 October 31, and January 31. The reports filed by a lobbyist 9 1 before the general assembly shall contain information for the 9 2 precedingcalendar month or quartersix-month reporting period 9 3 or the partsthereofduring which the person was engaged in 9 4 lobbying. 9 5 b. Reports filed by lobbyists before a state agency shall 9 6 be filedon or beforenot later than April 30, July 31,and 9 7 October 31, and January 31,for the precedingcalendar quarter9 8 six-month reporting period or the partsthereof duringof 9 9 which the person was engaged in lobbying. 9 10 5. If a person cancels the person's lobbyist registration 9 11 at any time during the calendar year, the reports required by 9 12 this section are due on the dates required by this section or 9 13 fifteen days after cancellation, whichever is earlier.The9 14report due January 31 shall include all reportable items for9 15the preceding calendar year in addition to containing the9 16quarterly reportable items.9 17 a. A lobbyist who cancels the person's lobbyist 9 18 registration before January 1 of a year shall file a report 9 19 listing all reportable items for theyearsix-month reporting 9 20 period in which the cancellation was filed. 9 21 b. A lobbyist who cancels the person's lobbyist 9 22 registration between January 1 and January 15 of a year shall 9 23 file a report listing all reportable items for the preceding 9 24yearsix-month reporting period and so much of the month of 9 25 January as has expired at the time of cancellation. 9 26 6.However, ifNotwithstanding the requirements of this 9 27 section, if a lobbyist is a person who is designated to 9 28 represent the interest of an organization as defined in 9 29 section 68B.2, subsection 13, paragraph "a", subparagraph (2), 9 30 but is not paid compensation for that representation and does 9 31 not expend more than one thousand dollars as provided in 9 32 section 68B.2, subsection 13, paragraph "a", subparagraph (4), 9 33 the lobbyist shall only be required to file the report 9 34 specified in this section once annually, which shall be 9 35 performed at the time of filing the person's lobbyist 10 1 registration form or forms. 10 2 Sec. 9. NEW SECTION. 721.13 COMPLAINTS FILED WITH IOWA 10 3 ETHICS AND CAMPAIGN DISCLOSURE BOARD. 10 4 Complaints concerning possible violations of this chapter 10 5 involving executive branch officers, executive branch 10 6 employees, or candidates for executive branch elected office 10 7 shall be filed with the Iowa ethics and campaign disclosure 10 8 board pursuant to section 68B.32B. 10 9 Sec. 10. Section 68B.38, Code 2003, is repealed. 10 10 Sec. 11. CODE EDITOR DIRECTIVE. The Code editor shall 10 11 move and renumber chapter 56 as chapter 68A, and shall change 10 12 all references to chapter 56 and sections within chapter 56 10 13 appropriately throughout the Code. 10 14 EXPLANATION 10 15 This bill provides that complaints regarding possible 10 16 criminal violations of Code chapter 721, relating to official 10 17 misconduct, are to be filed with the Iowa ethics and campaign 10 18 disclosure board. Code chapter 721 contains such prohibitions 10 19 for state employees such as using public motor vehicles for 10 20 political purposes, engaging in campaign work during state 10 21 employment, and furnishing anything of value to the state 10 22 under a contract other than one awarded through open and 10 23 competitive bidding. Other amendments are also made to 10 24 various provisions in Code chapter 68B to add appropriate 10 25 references to Code chapter 721. 10 26 The bill amends Code section 68B.37 regarding reporting by 10 27 lobbyists. The bill deletes the July 31 and January 31 10 28 reports for legislative and executive branch lobbyists. All 10 29 lobbyists would file reports on April 30 and October 31. A 10 30 definition is added for "six-month reporting period", in 10 31 conjunction with this change. 10 32 The bill repeals Code section 68B.38, eliminating reporting 10 33 by lobbyists' clients, and amends Code section 68B.37 to 10 34 require that lobbyists report compensation paid to them by 10 35 clients. Lobbyists are also required to report the total 11 1 salaries, amount of all fees, and retainers paid by clients 11 2 for lobbying purposes, as well as total expenditures exceeding 11 3 $1,000 made by the lobbyist during the six-month reporting 11 4 period to provide information, service, entertainment, 11 5 sustenance, or other benefit directly to legislators, members 11 6 of a state agency, or statewide elected officials. A 11 7 corresponding amendment is also made to Code section 68B.25. 11 8 The bill also deletes the requirement that the January 31 11 9 lobbyist report contain all reportable items for the previous 11 10 year in addition to the quarterly reportable items, and 11 11 changes the requirement that a lobbyist who cancels the 11 12 person's lobbyist registration before January 1, or between 11 13 January 1 and January 15, file a report listing all reportable 11 14 items, by changing the applicable reporting period from the 11 15 previous year to the preceding six-month reporting period. 11 16 The bill also directs the Code editor to designate Code 11 17 chapter 56, relating to campaign finance disclosure, as Code 11 18 chapter 68A, and to make appropriate changes throughout the 11 19 Code as necessary to reflect the change. 11 20 LSB 2441HC 80 11 21 jj/pj/5
Text: HSB00228 Text: HSB00230 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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