Senate File 430 H-8304 Amend the amendment, H-8270, to Senate File 430, 1 as amended, passed, and reprinted by the Senate, as 2 follows: 3 1. By striking page 1, line 5, through page 2, line 4 38, and inserting: 5 < Section 1. Section 7E.5, subsection 2, paragraph 6 a, Code Supplement 2011, is amended to read as follows: 7 a. There is a civil rights commission, a public 8 employment relations board, an interstate cooperation 9 commission, an Iowa ethics , and campaign disclosure , 10 and public information board, and an Iowa law 11 enforcement academy. 12 Sec. ___. Section 8.7, Code Supplement 2011, is 13 amended to read as follows: 14 8.7 Reporting of gifts and bequests received. 15 All gifts and bequests received by a department 16 or accepted by the governor on behalf of the state 17 shall be reported to the Iowa ethics , and campaign 18 disclosure , and public information board and the 19 general assembly’s standing committees on government 20 oversight. The Iowa ethics , and campaign disclosure , 21 and public information board shall, by January 31 of 22 each year, submit to the fiscal services division 23 of the legislative services agency a written report 24 listing all gifts and bequests received during the 25 previous calendar year with a value over one thousand 26 dollars and the purpose for each such gift or bequest. 27 The submission shall also include a listing of all 28 gifts and bequests received by a department from 29 a person if the cumulative value of all gifts and 30 bequests received by the department from the person 31 during the previous calendar year exceeds one thousand 32 dollars, and the Iowa ethics , and campaign disclosure , 33 and public information board shall include, if 34 available, the purpose for each such gift or bequest. 35 However, the reports on gifts or bequests filed by the 36 state board of regents and the Iowa state fair board 37 pursuant to section 8.44 shall be deemed sufficient to 38 comply with the requirements of this section . 39 Sec. ___. Section 17A.2, subsection 11, paragraph 40 l, Code 2011, is amended to read as follows: 41 l. An advisory opinion of the Iowa ethics , and 42 campaign disclosure , and public information board. 43 Sec. ___. Section 21.6, subsection 3, paragraph a, 44 subparagraph (3), Code Supplement 2011, is amended to 45 read as follows: 46 (3) Reasonably relied upon a decision of a court, a 47 formal opinion of the Iowa ethics, campaign disclosure, 48 and public information board, the attorney general, 49 or the attorney for the governmental body, given in 50 -1- H8270.5151 (1) 84 rh/rj 1/ 10 #1.

writing, or as memorialized in the minutes of the 1 meeting at which a formal oral opinion was given, 2 or an advisory opinion of the Iowa ethics, campaign 3 disclosure, and public information board, the attorney 4 general , or the attorney for the governmental body, 5 given in writing. 6 Sec. ___. Section 22.7, subsection 52, paragraph d, 7 Code Supplement 2011, is amended to read as follows: 8 d. This subsection does not apply to a report filed 9 with the Iowa ethics , and campaign disclosure , and 10 public information board pursuant to section 8.7 . 11 Sec. ___. Section 22.7, Code Supplement 2011, is 12 amended by adding the following new subsection: 13 NEW SUBSECTION . 65. Tentative, preliminary, 14 draft, speculative, or research material, prior 15 to its completion for the purpose for which it is 16 intended and in a form prior to the form in which it is 17 submitted for use or used in the actual formulation, 18 recommendation, adoption, or execution of any official 19 policy or action by a public official authorized to 20 make such decisions for the governmental body or the 21 government body. This subsection shall not apply to 22 public records that are actually submitted for use or 23 are used in the formulation, recommendation, adoption, 24 or execution of any official policy or action of a 25 governmental body or a government body by a public 26 official authorized to adopt or execute official policy 27 for the governmental body or the government body. 28 Sec. ___. Section 22.10, subsection 3, paragraph 29 b, subparagraph (3), Code Supplement 2011, is amended 30 to read as follows: 31 (3) Reasonably relied upon a decision of a court, a 32 formal opinion of the Iowa ethics, campaign disclosure, 33 and public information board, the attorney general, or 34 the attorney for the government body, given in writing, 35 or as memorialized in the minutes of the meeting at 36 which a formal oral opinion was given, or an advisory 37 opinion of the Iowa ethics, campaign disclosure, and 38 public information board, the attorney general , or the 39 attorney for the government body, given in writing. > 40 2. Page 2, line 25, by striking < Board > 41 3. Page 2, by striking lines 28 and 29 and 42 inserting < through an efficient, informal, and > 43 4. Page 2, line 32, after < Iowa > by inserting 44 < ethics, campaign disclosure, and > 45 5. Page 2, line 33, by striking < 23.3 > and 46 inserting < 68B.32 > 47 6. Page 3, after line 2 by inserting: 48 < 3A. “Council” means the Iowa public information 49 advisory council established in section 23.3. > 50 -2- H8270.5151 (1) 84 rh/rj 2/ 10 #2. #3. #4. #5. #6.

7. Page 3, by striking lines 17 through 21 and 1 inserting: 2 < Sec. ___. NEW SECTION . 23.3 Iowa public 3 information advisory council established. 4 1. An Iowa public information advisory council is 5 established for the purpose of assembling a diverse 6 group of persons to make recommendations to the board 7 concerning the best means to ensure compliance with 8 and the enforcement of the requirements of chapters 21 9 and 22. The council shall meet at least quarterly and 10 at other times as necessary to meet the requirements 11 of this section. The council shall consist of the 12 following seven members appointed by the governor: > 13 8. Page 3, by striking lines 32 through 35 and 14 inserting: 15 < g. One member of the public. > 16 9. Page 4, by striking line 1 and inserting: 17 < 2. Members appointed to the council shall serve 18 staggered > 19 10. Page 4, by striking line 4 and inserting: 20 < 3. A quorum of the council shall consist of four 21 members. > 22 11. Page 4, by striking line 5 and inserting: 23 < 4. A vacancy on the council shall be filled by the 24 governor, > 25 12. Page 4, by striking lines 7 through 12 and 26 inserting: 27 < 5. The council shall select one of its members to 28 serve as chairperson. > 29 13. Page 4, line 14, by striking < Board > and 30 inserting < Council > 31 14. Page 4, line 16, by striking < board > and 32 inserting < council > 33 15. Page 5, line 11, after < duties > by inserting 34 < under this chapter > 35 16. Page 5, line 12, after < two > by inserting 36 < additional > 37 17. Page 5, line 13, after < authority > by inserting 38 < under this chapter > 39 18. Page 5, line 16, after < employees > by inserting 40 < executing its authority under this chapter > 41 19. Page 5, line 30, by striking < or through 42 mediation and settlement > and inserting < and advice > 43 20. Page 6, after line 1 by inserting: 44 < 4A. Establish a procedure for requesting and 45 issuing board advisory opinions to persons subject to 46 the authority of the board under this chapter. > 47 21. Page 6, line 5, by striking < The board may 48 examine > and inserting < Examine, at its discretion, > 49 22. Page 6, by striking lines 20 through 22 and 50 -3- H8270.5151 (1) 84 rh/rj 3/ 10 #7. #8. #9. #10. #11. #12. #13. #14. #15. #16. #17. #18. #19. #20. #21.

inserting < remedies on a respondent who has been found 1 in violation of chapter 21 or > 2 23. Page 6, line 30, after < Make > by inserting < , 3 in cooperation with the council, the attorney general, 4 and the ombudsman, > 5 24. Page 7, line 9, after < annually > by inserting 6 < by January 1 > 7 25. Page 7, after line 18 by inserting: 8 < 14. Coordinate, in cooperation with the council, 9 the attorney general, and the ombudsman, the 10 investigation and enforcement of complaints alleging 11 violations of chapters 21 and 22 to avoid duplication 12 of services. > 13 26. Page 8, by striking lines 2 through 17 and 14 inserting: 15 < Sec. ___. NEW SECTION . 23.8 Initial processing 16 of complaint. 17 1. Upon receipt of a complaint alleging a violation 18 of chapter 21 or 22, the executive director of 19 the board or attorney for the board shall review 20 the complaint and determine whether it is legally 21 sufficient pursuant to subsection 2. 22 2. A legally sufficient complaint must allege all 23 of the following: 24 a. Facts that would establish a violation of a 25 provision of chapter 21 or 22 or rules adopted by the 26 board pursuant to chapter 21 or 22. 27 b. Facts that would establish that the conduct 28 providing the basis for the complaint occurred within 29 sixty days of receipt of the complaint. 30 c. Facts that would establish that the subject of 31 the complaint is a party subject to the jurisdiction 32 of the board. 33 3. The complaint and the evaluation regarding 34 legal sufficiency of the complaint by the executive 35 director of the board or the attorney for the board 36 shall be referred to the chairperson of the board. 37 If the chairperson of the board is unavailable, the 38 complaint and the evaluation shall be referred to the 39 vice chairperson of the board. 40 a. If the chairperson or vice chairperson of the 41 board finds the complaint to be legally sufficient, 42 the chairperson or vice chairperson shall accept the 43 complaint and shall notify the parties of that fact in 44 writing. 45 b. If the chairperson or vice chairperson of the 46 board determines that, on its face, the complaint is 47 legally insufficient, involves harmless error, or 48 relates to a specific incident that has been previously 49 finally disposed of on its merits by the board or 50 -4- H8270.5151 (1) 84 rh/rj 4/ 10

a court, the chairperson or vice chairperson shall 1 decline to accept the complaint and shall provide the 2 complainant with a written order explaining the reasons 3 therefor. > 4 27. By striking page 8, line 18, through page 9, 5 line 4, and inserting: 6 < Sec. ___. NEW SECTION . 23.9 Informal assistance. 7 After accepting a complaint, board staff shall 8 promptly work with the parties to reach an informal, 9 expeditious resolution of the complaint. 10 Sec. ___. NEW SECTION . 23.10 Enforcement. 11 1. If informal assistance fails to resolve the 12 matter to the > 13 28. Page 9, line 25, by striking < An attorney 14 selected by the > and inserting < The executive director 15 of the board or an attorney selected by the executive > 16 29. Page 10, by striking lines 4 through 8 and 17 inserting: 18 < (1) Require the respondent to pay damages, as 19 provided for in section 21.6 or 22.10, whichever is 20 applicable, to the extent that provision would make 21 such damages payable if the complainant had sought to 22 enforce a violation in court instead of through the 23 board. 24 (02) Require the respondent to take any remedial 25 action deemed appropriate by the board. 26 (002) Publicly reprimand the respondent for 27 violations of chapter 21 or 22. > 28 30. Page 10, by striking lines 31 and 32 and 29 inserting < officer, or an employee of those branches. > 30 31. By striking page 10, line 33, through page 11, 31 line 6. 32 32. Page 11, by striking lines 7 through 23 and 33 inserting: 34 < Sec. ___. Section 68A.101, Code 2011, is amended 35 to read as follows: 36 68A.101 Citation and administration. 37 This chapter may be cited as the “Campaign Disclosure 38 – Income Tax Checkoff Act” . The Iowa ethics , and 39 campaign disclosure , and public information board shall 40 administer this chapter as provided in sections 68B.32 , 41 68B.32A , 68B.32B , 68B.32C , and 68B.32D . 42 Sec. ___. Section 68A.102, subsection 2, Code 2011, 43 is amended to read as follows: 44 2. “Board” means the Iowa ethics , and campaign 45 disclosure , and public information board established 46 under section 68B.32 . 47 Sec. ___. Section 68A.405, subsection 1, paragraph 48 d, Code 2011, is amended to read as follows: 49 d. If more than one individual is responsible, the 50 -5- H8270.5151 (1) 84 rh/rj 5/ 10

words “paid for by”, the names of the individuals, and 1 either the addresses of the individuals or a statement 2 that the addresses of the individuals are on file with 3 the Iowa ethics , and campaign disclosure , and public 4 information board shall appear on the material. 5 Sec. ___. Section 68A.603, Code 2011, is amended to 6 read as follows: 7 68A.603 Rules promulgated. 8 The Iowa ethics , and campaign disclosure , and public 9 information board shall administer the provisions of 10 sections 68A.601 , 68A.602, and 68A.604 through 68A.609 11 and shall promulgate all necessary rules in accordance 12 with chapter 17A . 13 Sec. ___. Section 68A.606, Code 2011, is amended to 14 read as follows: 15 68A.606 Funds —— campaign expenses only. 16 1. The chairperson of the state statutory political 17 committee shall produce evidence to the Iowa ethics , 18 and campaign disclosure , and public information board 19 not later than the twenty-fifth day of January each 20 year, that all income tax checkoff funds expended for 21 campaign expenses have been utilized exclusively for 22 campaign expenses. 23 2. The Iowa ethics , and campaign disclosure , and 24 public information board shall issue, prior to the 25 payment of any money, guidelines that explain which 26 expenses and evidence thereof qualify as acceptable 27 campaign expenses. 28 3. Should the Iowa ethics , and campaign disclosure , 29 and public information board determine that any part of 30 the funds have been used for noncampaign or improper 31 expenses, the board may order the political party or 32 the candidate to return all or any part of the total 33 funds paid to that political party for that election. 34 When such funds are returned, they shall be deposited 35 in the general fund of the state. 36 Sec. ___. Section 68B.2, subsections 3 and 23, Code 37 2011, are amended to read as follows: 38 3. “Board” means the Iowa ethics , and campaign 39 disclosure , and public information board. 40 23. “Regulatory agency” means the department 41 of agriculture and land stewardship, department of 42 workforce development, department of commerce, Iowa 43 department of public health, department of public 44 safety, department of education, state board of 45 regents, department of human services, department 46 of revenue, department of inspections and appeals, 47 department of administrative services, public 48 employment relations board, state department of 49 transportation, civil rights commission, department of 50 -6- H8270.5151 (1) 84 rh/rj 6/ 10

public defense, Iowa ethics , and campaign disclosure , 1 and public information board, and department of natural 2 resources. 3 Sec. ___. Section 68B.32, subsections 1 and 5, Code 4 2011, are amended to read as follows: 5 1. a. An Iowa ethics , and campaign disclosure , 6 and public information board is established as an 7 independent agency. 8 b. The board shall administer this chapter and set 9 standards for, investigate complaints relating to, and 10 monitor the all of the following: 11 (1) The ethics of officials, employees, lobbyists, 12 and candidates for office in the executive branch of 13 state government. The board shall administer and set 14 standards for, investigate complaints relating to, and 15 monitor the campaign 16 (2) Campaign finance practices of candidates 17 for public office. The board shall administer and 18 establish standards for, investigate complaints 19 relating to, and monitor the 20 (3) The reporting of gifts and bequests under 21 section 8.7 . 22 c. The board shall administer chapter 23 and set 23 standards for, investigate complaints relating to, 24 and provide an alternative means by which to secure 25 compliance with and enforcement of the requirements of 26 chapters 21 and 22. 27 d. The board shall consist of six members and shall 28 be balanced as to political affiliation as provided in 29 section 69.16 . The members shall be appointed by the 30 governor, subject to confirmation by the senate. 31 5. The board shall employ a full-time executive 32 director who shall be the board’s chief administrative 33 officer. The board shall employ or contract for the 34 employment of legal counsel notwithstanding section 35 13.7 , and any other personnel as may be necessary 36 to carry out the duties of the board. The board’s 37 legal counsel shall be the chief legal officer of 38 the board and shall advise the board on all legal 39 matters relating to the administration of this chapter 40 and chapter chapters 23 and 68A . The state may be 41 represented by the board’s legal counsel in any civil 42 action regarding the enforcement of this chapter or 43 chapter 23 or 68A , or at the board’s request, the 44 state may be represented by the office of the attorney 45 general. Notwithstanding section 8A.412 , all of the 46 board’s employees, except for the executive director 47 and legal counsel, shall be employed subject to the 48 merit system provisions of chapter 8A, subchapter IV . 49 The salary of the executive director shall be fixed by 50 -7- H8270.5151 (1) 84 rh/rj 7/ 10

the board, within the range established by the general 1 assembly. The salary of the legal counsel shall be 2 fixed by the board, within a salary range established 3 by the department of administrative services for 4 a position requiring similar qualifications and 5 experience. 6 Sec. ___. Section 68B.32A, subsection 1, Code 2011, 7 is amended to read as follows: 8 1. Adopt rules pursuant to chapter 17A and conduct 9 hearings under sections 23.10, 68B.32B , and 68B.32C and 10 chapter 17A , as necessary to carry out the purposes of 11 this chapter , chapter chapters 23 and 68A , and section 12 8.7 . 13 Sec. ___. Section 68B.32A, Code 2011, is amended by 14 adding the following new subsection: 15 NEW SUBSECTION . 20. Exercise the authority, 16 powers, and duties of the board under chapter 23. 17 Sec. ___. Section 68B.35, subsection 2, paragraph 18 e, Code Supplement 2011, is amended to read as follows: 19 e. Members of the state banking council, the Iowa 20 ethics , and campaign disclosure , and public information 21 board, the credit union review board, the economic 22 development authority, the employment appeal board, 23 the environmental protection commission, the health 24 facilities council, the Iowa finance authority, the 25 Iowa public employees’ retirement system investment 26 board, the board of the Iowa lottery authority, the 27 natural resource commission, the board of parole, the 28 petroleum underground storage tank fund board, the 29 public employment relations board, the state racing and 30 gaming commission, the state board of regents, the tax 31 review board, the transportation commission, the office 32 of consumer advocate, the utilities board, the Iowa 33 telecommunications and technology commission, and any 34 full-time members of other boards and commissions as 35 defined under section 7E.4 who receive an annual salary 36 for their service on the board or commission. The Iowa 37 ethics , and campaign disclosure , and public information 38 board shall conduct an annual review to determine if 39 members of any other board, commission, or authority 40 should file a statement and shall require the filing 41 of a statement pursuant to rules adopted pursuant to 42 chapter 17A . 43 Sec. ___. Section 68B.35, subsection 5, Code 44 Supplement 2011, is amended to read as follows: 45 5. a. A candidate for statewide office shall 46 file a financial statement with the Iowa ethics , and 47 campaign disclosure , and public information board, 48 a candidate for the office of state representative 49 shall file a financial statement with the chief clerk 50 -8- H8270.5151 (1) 84 rh/rj 8/ 10

of the house of representatives, and a candidate for 1 the office of state senator shall file a financial 2 statement with the secretary of the senate. Statements 3 shall contain information concerning the year preceding 4 the year in which the election is to be held. 5 b. The Iowa ethics , and campaign disclosure , 6 and public information board shall adopt rules 7 pursuant to chapter 17A providing for the filing of 8 the financial statements with the board and for the 9 deposit, retention, and availability of the financial 10 statements. The ethics committees of the house of 11 representatives and the senate shall recommend rules 12 for adoption by the respective houses providing for 13 the filing of the financial statements with the chief 14 clerk of the house or the secretary of the senate and 15 for the deposit, retention, and availability of the 16 financial statements. Rules adopted shall also include 17 a procedure for notification of candidates of the duty 18 to file disclosure statements under this section . 19 Sec. ___. Section 331.210A, subsection 2, paragraph 20 e, subparagraphs (1) and (2), Code 2011, are amended 21 to read as follows: 22 (1) The plan approved by the board of supervisors 23 shall be submitted to the state commissioner of 24 elections for approval. If the state commissioner or 25 the Iowa ethics , and campaign disclosure , and public 26 information board finds that the plan does not meet 27 the standards of section 42.4 , the state commissioner 28 shall reject the plan, and the board of supervisors 29 shall direct the commission to prepare and adopt an 30 acceptable plan. 31 (2) For purposes of determining whether the 32 standards of section 42.4 have been met, an 33 eligible elector may file a complaint with the state 34 commissioner of elections within fourteen days after 35 a plan is approved by the board of supervisors of the 36 county in which the eligible elector resides, on a form 37 prescribed by the commissioner, alleging that the plan 38 was drawn for improper political reasons as described 39 in section 42.4, subsection 5 . If a complaint is filed 40 with the state commissioner of elections, the state 41 commissioner shall forward the complaint to the Iowa 42 ethics , and campaign disclosure , and public information 43 board established in section 68B.32 for resolution. 44 Sec. ___. Section 331.756, subsection 15, Code 45 Supplement 2011, is amended to read as follows: 46 15. Review the report and recommendations of 47 the Iowa ethics , and campaign disclosure , and 48 public information board and proceed to institute 49 the recommended actions or advise the board that 50 -9- H8270.5151 (1) 84 rh/rj 9/ 10