Text: SF02178 Text: SF02180 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2179 1 2 1 3 AN ACT 1 4 RELATING TO ETHICS LAWS AND THE IOWA ETHICS AND CAMPAIGN 1 5 DISCLOSURE BOARD. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 13.2, Code 2003, is amended by adding 1 10 the following new unnumbered paragraph after subsection 14: 1 11 NEW UNNUMBERED PARAGRAPH. Executing the duties of this 1 12 section shall not be deemed a violation of section 68B.6. 1 13 Sec. 2. Section 13B.4, Code Supplement 2003, is amended by 1 14 adding the following new subsection: 1 15 NEW SUBSECTION. 9. Executing the duties of this section 1 16 shall not be deemed a violation of section 68B.6. 1 17 Sec. 3. Section 22.7, subsection 29, Code Supplement 2003, 1 18 is amended to read as follows: 1 19 29. Records and information obtained or held by 1 20 independent special counsel during the course of an 1 21 investigation conducted pursuant to section68B.3468B.31A. 1 22 Information that is disclosed to a legislative ethics 1 23 committee subsequent to a determination of probable cause by 1 24 independent special counsel and made pursuant to section 1 25 68B.31 is not a confidential record unless otherwise provided 1 26 by law. 1 27 Sec. 4. Section 68B.2, subsection 23, Code Supplement 1 28 2003, is amended to read as follows: 1 29 23. "Regulatory agency" means the department of 1 30 agriculture and land stewardship, department of workforce 1 31 development, department of commerce, Iowa department of public 1 32 health, department of public safety, department of education, 1 33 state board of regents, department of human services, 1 34 department of revenue, department of inspections and appeals, 1 35 department of administrative services, public employment 2 1 relations board, state department of transportation, civil 2 2 rights commission, department of public defense, Iowa ethics 2 3 and campaign disclosure board, and department of natural 2 4 resources. 2 5 Sec. 5. Section 68B.4, unnumbered paragraph 2, Code 2 6 Supplement 2003, is amended to read as follows: 2 7 Thedepartment of administrative servicesboard shall adopt 2 8 rules specifying the method by which employees may obtain 2 9 agency consent under this section. Each regulatory agency 2 10 shall adopt rules specifying the method by which officials may 2 11 obtain agency consent under this section. A regulatory agency 2 12 granting consent under this section shall file a copy of the 2 13 consent with the board within twenty days of the consent being 2 14 granted. 2 15 Sec. 6. Section 68B.4B, unnumbered paragraph 1, Code 2003, 2 16 is amended to read as follows: 2 17 A permanent full-time member of the office of the governor 2 18 shall not sell, either directly or indirectly, any goods or 2 19 services to individuals, associations, or corporations which 2 20 employ persons who are registered lobbyists before the general 2 21 assembly or the executive branch, except when the member of 2 22 the office of the governor has met all of the following 2 23 conditions: 2 24 Sec. 7. Section 68B.4B, subsection 1, Code 2003, is 2 25 amended to read as follows: 2 26 1. The consent of the person or persons responsible for 2 27 hiring or approving the hiring of the member of the office of 2 28 the governor is obtained. A copy of the consent shall be 2 29 filed with the board within twenty days of the consent being 2 30 granted. 2 31 Sec. 8. Section 68B.6, subsection 1, Code 2003, is amended 2 32 to read as follows: 2 33 1.All statewide elected officials, the executive or2 34administrative head or heads of an agency of state government,2 35the deputy executive or administrative head or heads of an3 1agency of state government, the heads of the major subunits of3 2departments or independent state agencies whose positions3 3involve a substantial exercise of administrative discretion or3 4the expenditure of public funds as defined under rules of the3 5board, in consultation with the department or agency, under3 6chapter 17A, state employees, orOfficials, except for members 3 7 of boards or commissions as defined under section 7E.4, state 3 8 employees, and legislative employees shall not receive, 3 9 directly or indirectly, or enter into any express or implied 3 10 agreement for, any compensation, in whatever form, for the 3 11 appearance or rendition of services by that person or another 3 12 against the interest of the state in relation to any case, 3 13 proceeding, application, or other matter before any state 3 14 agency, any court of the state of Iowa, any federal court, or 3 15 any federal bureau, agency, commission or department. 3 16 Sec. 9. NEW SECTION. 68B.31A INVESTIGATION BY 3 17 INDEPENDENT SPECIAL COUNSEL – PROBABLE CAUSE. 3 18 The purpose of an investigation by the independent special 3 19 counsel is to determine whether there is probable cause to 3 20 proceed with an adjudicatory hearing on the matter. In 3 21 conducting investigations and holding hearings, the 3 22 independent special counsel may require by subpoena the 3 23 attendance and testimony of witnesses and may subpoena books, 3 24 papers, records, and any other real evidence relating to the 3 25 matter before the independent special counsel. The 3 26 independent special counsel shall have the additional 3 27 authority provided in section 17A.13. If the independent 3 28 special counsel determines at any stage in the proceedings 3 29 that take place prior to hearing that the complaint is without 3 30 merit, the independent special counsel shall report that 3 31 determination to the appropriate ethics committee and the 3 32 complaint shall be dismissed and the complainant and the party 3 33 charged shall be notified. If, after investigation, the 3 34 independent special counsel determines evidence exists which, 3 35 if proven, would support a finding of a violation of this 4 1 chapter, a finding of probable cause shall be made and 4 2 reported to the ethics committee, and a hearing shall be 4 3 ordered by the ethics committee as provided in section 68B.31. 4 4 Independent special counsel investigations are not meetings of 4 5 a governmental body within the meaning of chapter 21, and 4 6 records and information obtained by independent special 4 7 counsel during investigations are confidential until disclosed 4 8 to a legislative ethics committee under section 68B.31. 4 9 Sec. 10. Section 68B.32A, subsection 11, Code Supplement 4 10 2003, is amended to read as follows: 4 11 11. Establish a procedure for requesting and issuing 4 12formal and informalboard advisory opinions tolocal officials4 13and employees and topersons subject to the authority of the 4 14 board under this chapter or chapter 68A. Local officials and 4 15 local employees may also seek an advisory opinion concerning 4 16 the application of the applicable provisions of this chapter. 4 17 Advice contained informalboard advisory opinions shall, if 4 18 followed, constitute a defense to a complaint filed with the 4 19 board alleging a violation of this chapter, chapter 68A, or 4 20 rules of the board that is based on the same facts and 4 21 circumstances. 4 22 Sec. 11. Section 68B.35, subsection 2, paragraph e, Code 4 23 Supplement 2003, is amended to read as follows: 4 24 e. Members of the banking board, the ethics and campaign 4 25 disclosure board, the credit union review board, the economic 4 26 development board, the employment appeal board, the 4 27 environmental protection commission, the health facilities 4 28 council, the Iowa finance authority, the Iowa public 4 29 employees' retirement system investment board, the board of 4 30 the Iowa lottery authority, the natural resource commission, 4 31 the board of parole, the petroleum underground storage tank 4 32 fund board, the public employment relations board, the state 4 33 racing and gaming commission, the state board of regents, the 4 34 tax review board, the transportation commission, the office of 4 35 consumer advocate, the utilities board, the Iowa 5 1 telecommunications and technology commission, and any full- 5 2 time members of other boards and commissions as defined under 5 3 section 7E.4 who receive an annual salary for their service on 5 4 the board or commission. The Iowa ethics and campaign 5 5 disclosure board shall conduct an annual review to determine 5 6 if members of any other board, commission, or authority should 5 7 file a statement and shall require the filing of a statement 5 8 pursuant to rules adopted pursuant to chapter 17A. 5 9 Sec. 12. Section 68B.35A, Code 2003, is amended to read as 5 10 follows: 5 11 68B.35A PERSONAL FINANCIAL DISCLOSURE STATEMENTS OF STATE 5 12 OFFICIALS AND EMPLOYEES –PUBLICINTERNET ACCESS. 5 13 Personal financial disclosure statements filed withthe5 14board andthe chief clerk of the house,or the secretary of 5 15 the senate, or other appropriate person or bodyshall be 5 16 recorded on the legislative internet website or copies of the 5 17 personal financial disclosure statements shall be forwarded to 5 18 the secretary of state for the recording of the information 5 19through electronic meanson an internet website.The board5 20and the general assembly shall execute agreements with the5 21secretary of state which provide for public access to and5 22copying of the information, and include a site in the board5 23offices for public viewing and copying of information,5 24contained in personal financial disclosure statements filed5 25with the board and the chief clerk of the house, secretary of5 26the senate, or other appropriate person or body.The board 5 27 shall record personal financial disclosure statements filed 5 28 with the board on an internet website. 5 29 Sec. 13. Section 68B.38, Code Supplement 2003, is amended 5 30 to read as follows: 5 31 68B.38 LOBBYIST'S CLIENT REPORTING. 5 32 1.a.On or before July131 of each year, a lobbyist's 5 33 client shall file with the general assembly or board a report 5 34 that contains information on all salaries, fees,and5 35 retainers, and reimbursement of expenses paid or anticipated 6 1 to be paid by the lobbyist's client to the lobbyist for 6 2 lobbying purposes during the preceding twelve calendar months, 6 3 concluding on June 30 of each year. 6 4b.2. Reports by a lobbyist's clients shall be filed with 6 5 the same entity with which the lobbyist filed the lobbyist's 6 6 registration. 6 72. a. The report shall include a cumulative total of all6 8salaries, fees, retainers, and reimbursements of expenses paid6 9to the lobbyist for lobbying activities during the preceding6 10calendar year.6 11b.3. The secretary of the senate, chief clerk of the 6 12 house, and the board shall develop forms to implement this 6 13 section. 6 14 Sec. 14. Section 68B.34, Code 2003, is repealed. 6 15 6 16 6 17 6 18 JEFFREY M. LAMBERTI 6 19 President of the Senate 6 20 6 21 6 22 6 23 CHRISTOPHER C. RANTS 6 24 Speaker of the House 6 25 6 26 I hereby certify that this bill originated in the Senate and 6 27 is known as Senate File 2179, Eightieth General Assembly. 6 28 6 29 6 30 6 31 MICHAEL E. MARSHALL 6 32 Secretary of the Senate 6 33 Approved , 2004 6 34 6 35 7 1 7 2 THOMAS J. VILSACK 7 3 Governor
Text: SF02178 Text: SF02180 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2004 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: Tue May 4 03:30:00 CDT 2004
URL: /DOCS/GA/80GA/Legislation/SF/02100/SF02179/040414.html
jhf