Text: SSB03015                          Text: SSB03017
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Bills and Amendments: General Index     Bill History: General Index



Senate Study Bill 3016

Bill Text

PAG LIN
  1  1    Section 1.  Section 68B.2A, Code 2003, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  2A.  A public official or public employee
  1  4 shall not accept compensation from anyone other than the state
  1  5 or the political subdivision for the performance of any act
  1  6 that the person would be required or expected to perform as
  1  7 part of the person's regular duties as an employee of the
  1  8 state or political subdivision or during the hours that the
  1  9 person performs service or work for the state or political
  1 10 subdivision.
  1 11    Sec. 2.  NEW SECTION.  68B.2B  NEPOTISM – EXECUTIVE
  1 12 BRANCH.
  1 13    1.  An executive branch official or executive branch
  1 14 employee shall not cause the employment, appointment,
  1 15 promotion, transfer, or advancement to any office or position
  1 16 of the state of an immediate family member of the official or
  1 17 employee.
  1 18    2.  An executive branch official or executive branch
  1 19 employee shall not participate in an action relating to the
  1 20 employment or discipline of an immediate family member of the
  1 21 official or employee.
  1 22    3.  The board shall adopt rules pursuant to chapter 17A to
  1 23 administer this section.
  1 24    Sec. 3.  Section 68B.7, Code 2003, is amended to read as
  1 25 follows:
  1 26    68B.7  OTHER ACTIVITIES – TWO-YEAR ONE-YEAR BAN.
  1 27    1.  A person who has served as an official, state employee
  1 28 of a state agency, member of the general assembly, or
  1 29 legislative employee shall not within a period of two years
  1 30 one year after the termination of such service or employment
  1 31 appear engage in any of the following:
  1 32    a.  Appear before the person's former agency. or receive
  1 33    b.  Receive compensation for any services rendered on
  1 34 behalf of any person, firm, corporation, or association in
  1 35 relation to any case, proceeding, or application with respect
  2  1 to which the person was directly concerned and personally
  2  2 participated during the period of service or employment.
  2  3    2.  A person who has served as the head of or on a
  2  4 commission or board of a regulatory agency or as a deputy
  2  5 thereof, shall not, within a period of two years one year
  2  6 after the termination of such service accept, engage in any of
  2  7 the following:
  2  8    a.  Accept employment with that commission, board, or
  2  9 agency. or receive
  2 10    b.  Receive compensation for any services rendered on
  2 11 behalf of any person, firm, corporation, or association in any
  2 12 case, proceedings, or application before the department with
  2 13 regulatory agency on which the person so member of the
  2 14 commission or board served wherein the person's compensation
  2 15 is to be dependent or contingent upon any action by such
  2 16 agency with respect to any license, contract, certificate,
  2 17 ruling, decision, opinion, rate schedule, franchise, or other
  2 18 benefit, or in promoting or opposing, directly or indirectly,
  2 19 the passage of bills or resolutions before either house of the
  2 20 general assembly.
  2 21  
  2 22                           EXPLANATION
  2 23    This bill relates to ethics provisions, including conflicts
  2 24 of interest, nepotism, and prohibited activities.
  2 25    The bill creates a new conflicts of interest provision.
  2 26 The bill provides that a public official or public employee
  2 27 shall not accept compensation from anyone other than the state
  2 28 or the political subdivision for the performance of any act
  2 29 that the person would be required or expected to perform as
  2 30 part of the person's regular duties as an employee of the
  2 31 state or political subdivision or during the hours that the
  2 32 person performs service or work for the state or political
  2 33 subdivision.
  2 34    The bill creates a nepotism provision for the executive
  2 35 branch.  The bill prohibits an executive branch official or
  3  1 executive branch employee from causing the employment,
  3  2 appointment, promotion, transfer, or advancement to any office
  3  3 or position of the state of a member of the official's or
  3  4 employee's immediate family.  The bill also provides that an
  3  5 executive branch official or executive branch employee shall
  3  6 not participate in an action relating to the employment or
  3  7 discipline of a member of the official's or employee's
  3  8 immediate family.  Immediate family member is defined in Code
  3  9 chapter 68B as the spouse and dependent children of a public
  3 10 official or public employee.
  3 11    Currently, officials, employees of a state agency, members
  3 12 of the general assembly, legislative employees, and members of
  3 13 a commission or board of a regulatory agency are prohibited
  3 14 from engaging in certain activities related to the former
  3 15 agency for a period of two years following the termination of
  3 16 service.  The bill changes the two-year prohibition to a one-
  3 17 year prohibition.
  3 18    The penalty provisions of Code section 68B.25 apply to all
  3 19 of the provisions of the bill.  A person violating a provision
  3 20 of the bill is guilty of a serious misdemeanor and may be
  3 21 reprimanded, suspended, or dismissed from the person's
  3 22 position or otherwise sanctioned.  
  3 23 LSB 5246DP 80
  3 24 tm/sh/8
     

Text: SSB03015                          Text: SSB03017
Text: SSB03000 - SSB03099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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