Text: SSB03014 Text: SSB03016 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 13.2, Code 2003, is amended by adding 1 2 the following new unnumbered paragraph after subsection 14: 1 3 NEW UNNUMBERED PARAGRAPH. Executing the duties of this 1 4 section shall not be deemed a violation of section 68B.6. 1 5 Sec. 2. Section 13B.4, Code Supplement 2003, is amended by 1 6 adding the following new subsection: 1 7 NEW SUBSECTION. 9. Executing the duties of this section 1 8 shall not be deemed a violation of section 68B.6. 1 9 Sec. 3. Section 22.7, subsection 29, Code Supplement 2003, 1 10 is amended to read as follows: 1 11 29. Records and information obtained or held by 1 12 independent special counsel during the course of an 1 13 investigation conducted pursuant to section68B.3468B.31A. 1 14 Information that is disclosed to a legislative ethics 1 15 committee subsequent to a determination of probable cause by 1 16 independent special counsel and made pursuant to section 1 17 68B.31 is not a confidential record unless otherwise provided 1 18 by law. 1 19 Sec. 4. Section 68B.2, subsection 23, Code Supplement 1 20 2003, is amended to read as follows: 1 21 23. "Regulatory agency" means the department of 1 22 agriculture and land stewardship, department of workforce 1 23 development, department of commerce, Iowa department of public 1 24 health, department of public safety, department of education, 1 25 state board of regents, department of human services, 1 26 department of revenue, department of inspections and appeals, 1 27 department of administrative services, public employment 1 28 relations board, state department of transportation, civil 1 29 rights commission, department of public defense, Iowa ethics 1 30 and campaign disclosure board, and department of natural 1 31 resources. 1 32 Sec. 5. Section 68B.4, unnumbered paragraph 2, Code 1 33 Supplement 2003, is amended to read as follows: 1 34 Thedepartment of administrative servicesboard shall adopt 1 35 rules specifying the method by which employees may obtain 2 1 agency consent under this section. Each regulatory agency 2 2 shall adopt rules specifying the method by which officials may 2 3 obtain agency consent under this section. A regulatory agency 2 4 granting consent under this section shall file a copy of the 2 5 consent with the board within twenty days of the consent being 2 6 granted. 2 7 Sec. 6. Section 68B.4B, unnumbered paragraph 1, Code 2003, 2 8 is amended to read as follows: 2 9 A permanent full-time member of the office of the governor 2 10 shall not sell, either directly or indirectly, any goods or 2 11 services to individuals, associations, or corporations which 2 12 employ persons who are registered lobbyists before the general 2 13 assembly or the executive branch, except when the member of 2 14 the office of the governor has met all of the following 2 15 conditions: 2 16 Sec. 7. Section 68B.4B, subsection 1, Code 2003, is 2 17 amended to read as follows: 2 18 1. The consent of the person or persons responsible for 2 19 hiring or approving the hiring of the member of the office of 2 20 the governor is obtained. A copy of the consent shall be 2 21 filed with the board within twenty days of the consent being 2 22 granted. 2 23 Sec. 8. Section 68B.6, subsection 1, Code 2003, is amended 2 24 to read as follows: 2 25 1.All statewide elected officials, the executive or2 26administrative head or heads of an agency of state government,2 27the deputy executive or administrative head or heads of an2 28agency of state government, the heads of the major subunits of2 29departments or independent state agencies whose positions2 30involve a substantial exercise of administrative discretion or2 31the expenditure of public funds as defined under rules of the2 32board, in consultation with the department or agency, under2 33chapter 17A, state employees, orOfficials, except for members 2 34 of boards or commissions as defined under section 7E.4, state 2 35 employees, and legislative employees shall not receive, 3 1 directly or indirectly, or enter into any express or implied 3 2 agreement for, any compensation, in whatever form, for the 3 3 appearance or rendition of services by that person or another 3 4 against the interest of the state in relation to any case, 3 5 proceeding, application, or other matter before any state 3 6 agency, any court of the state of Iowa, any federal court, or 3 7 any federal bureau, agency, commission or department. 3 8 Sec. 9. NEW SECTION. 68B.31A INVESTIGATION BY 3 9 INDEPENDENT SPECIAL COUNSEL – PROBABLE CAUSE. 3 10 The purpose of an investigation by the independent special 3 11 counsel is to determine whether there is probable cause to 3 12 proceed with an adjudicatory hearing on the matter. In 3 13 conducting investigations and holding hearings, the 3 14 independent special counsel may require by subpoena the 3 15 attendance and testimony of witnesses and may subpoena books, 3 16 papers, records, and any other real evidence relating to the 3 17 matter before the independent special counsel. The 3 18 independent special counsel shall have the additional 3 19 authority provided in section 17A.13. If the independent 3 20 special counsel determines at any stage in the proceedings 3 21 that take place prior to hearing that the complaint is without 3 22 merit, the independent special counsel shall report that 3 23 determination to the appropriate ethics committee and the 3 24 complaint shall be dismissed and the complainant and the party 3 25 charged shall be notified. If, after investigation, the 3 26 independent special counsel determines evidence exists which, 3 27 if proven, would support a finding of a violation of this 3 28 chapter, a finding of probable cause shall be made and 3 29 reported to the ethics committee, and a hearing shall be 3 30 ordered by the ethics committee as provided in section 68B.31. 3 31 Independent special counsel investigations are not meetings of 3 32 a governmental body within the meaning of chapter 21, and 3 33 records and information obtained by independent special 3 34 counsel during investigations are confidential until disclosed 3 35 to a legislative ethics committee under section 68B.31. 4 1 Sec. 10. Section 68B.32A, subsection 11, Code Supplement 4 2 2003, is amended to read as follows: 4 3 11. Establish a procedure for requesting and issuing 4 4formal and informalboard advisory opinions tolocal officials4 5and employees and topersons subject to the authority of the 4 6 board under this chapter or chapter 68A. Local officials and 4 7 local employees may also seek an advisory opinion concerning 4 8 the application of the applicable provisions of this chapter. 4 9 Advice contained informalboard advisory opinions shall, if 4 10 followed, constitute a defense to a complaint filed with the 4 11 board alleging a violation of this chapter, chapter 68A, or 4 12 rules of the board that is based on the same facts and 4 13 circumstances. 4 14 Sec. 11. Section 68B.35, subsection 2, paragraph e, Code 4 15 Supplement 2003, is amended to read as follows: 4 16 e. Members of the banking board, the ethics and campaign 4 17 disclosure board, the credit union review board, the economic 4 18 development board, the employment appeal board, the 4 19 environmental protection commission, the health facilities 4 20 council, the Iowa finance authority, the Iowa public 4 21 employees' retirement system investment board, the board of 4 22 the Iowa lottery authority, the natural resource commission, 4 23 the board of parole, the petroleum underground storage tank 4 24 fund board, the public employment relations board, the state 4 25 racing and gaming commission, the state board of regents, the 4 26 tax review board, the transportation commission, the office of 4 27 consumer advocate, the utilities board, the Iowa 4 28 telecommunications and technology commission, and any full- 4 29 time members of other boards and commissions as defined under 4 30 section 7E.4 who receive an annual salary for their service on 4 31 the board or commission. The Iowa ethics and campaign 4 32 disclosure board shall conduct an annual review to determine 4 33 if members of any other board, commission, or authority should 4 34 file a statement and shall require the filing of a statement 4 35 pursuant to rules adopted pursuant to chapter 17A. 5 1 Sec. 12. Section 68B.38, Code Supplement 2003, is amended 5 2 to read as follows: 5 3 68B.38 LOBBYIST'S CLIENT REPORTING. 5 4 1.a.On or before July 1 of each year, a lobbyist's 5 5 client shall file with the general assembly or board a report 5 6 that contains information on all salaries, fees,and5 7 retainers, and reimbursement of expenses paid or anticipated 5 8 to be paid by the lobbyist's client to the lobbyist for 5 9 lobbying purposes during the preceding twelvecalendarmonths, 5 10 concluding on June 20 of each year. 5 11b.2. Reports by a lobbyist's clients shall be filed with 5 12 the same entity with which the lobbyist filed the lobbyist's 5 13 registration. 5 142. a. The report shall include a cumulative total of all5 15salaries, fees, retainers, and reimbursements of expenses paid5 16to the lobbyist for lobbying activities during the preceding5 17calendar year.5 18b.3. The secretary of the senate, chief clerk of the 5 19 house, and the board shall develop forms to implement this 5 20 section. 5 21 Sec. 13. Sections 68B.34 and 68B.35A, Code 2003, are 5 22 repealed. 5 23 EXPLANATION 5 24 This bill relates to ethics laws and the Iowa ethics and 5 25 campaign disclosure board. 5 26 The bill amends the definition of the term "regulatory 5 27 agency" in Code chapter 68B to include the Iowa ethics and 5 28 campaign disclosure board. 5 29 Currently, officials, employees of regulatory agencies, and 5 30 permanent full-time members of the office of the governor are 5 31 prohibited from selling goods or services to individuals, 5 32 associations, or corporations that are subject to the 5 33 regulatory authority of the agency, in the case of officials 5 34 and regulatory agency employees, or are registered lobbyists 5 35 before the general assembly, in the case of governor's office 6 1 employees. The exception to this prohibition occurs if 6 2 certain criteria are met, including a requirement that consent 6 3 be obtained. The bill provides that the prohibition for 6 4 governor's office employees also applies to individuals, 6 5 associations, or corporations that are registered lobbyists 6 6 before the executive branch. The bill requires a copy of any 6 7 such consent to be filed with the Iowa ethics and campaign 6 8 disclosure board within 20 days of the consent being granted. 6 9 The bill requires the board to adopt rules specifying the 6 10 method by which regulatory agency employees may obtain agency 6 11 consent. Currently, the department of administrative services 6 12 is charged with adopting such rules. 6 13 The bill condenses the language used in the prohibition 6 14 against certain persons providing services against the state 6 15 by using the defined term "officials". The bill provides that 6 16 the office of the attorney general and the state public 6 17 defender, in executing the duties of those offices, are not in 6 18 violation of this prohibition. 6 19 The bill eliminates a distinction between formal and 6 20 informal board opinions issued by the Iowa ethics and campaign 6 21 disclosure board. The bill provides that all such opinions 6 22 will be referred to as board advisory opinions. The bill 6 23 allows local officials and local employees to seek board 6 24 advisory opinions for situations where Code chapter 68B may 6 25 apply. 6 26 The bill requires the Iowa ethics and campaign disclosure 6 27 board to conduct an annual review to determine if members of 6 28 any board, commission, or authority not specifically required 6 29 in the Code to file a personal financial disclosure statement 6 30 should file such a statement. 6 31 The bill amends the requirements for lobbyist's client 6 32 reporting. The bill adds the reimbursement of expenses to the 6 33 items that must be reported. The bill requires the reporting 6 34 of anticipated payments for salaries, fees, retainers, and 6 35 reimbursement of expenses. The bill provides that, for the 7 1 report to be filed on or before July 1 of each year, the 7 2 report shall include information for the preceding 12 months 7 3 concluding on June 20 of each year. The bill eliminates a 7 4 requirement that the report include a cumulative total of all 7 5 salaries, fees, retainers, and reimbursements of expenses paid 7 6 to the lobbyist for lobbying activities during the preceding 7 7 calendar year. 7 8 The bill repeals Code section 68B.34, relating to 7 9 investigations of ethics complaints filed with one of the 7 10 ethics standing committees by an independent special counsel, 7 11 reenacts the section in Code section 68B.31A, and makes 7 12 conforming reference changes. Code section 68B.35A, relating 7 13 to public access to personal financial disclosure statements 7 14 of state officials and employees through the secretary of 7 15 state's office, is repealed. 7 16 LSB 5214DP 80 7 17 tm/gg/14
Text: SSB03014 Text: SSB03016 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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