House Study Bill 243

                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED ETHICS AND
                                            CAMPAIGN DISCLOSURE BOARD
                                            BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the ethics and campaign disclosure board,
  2    including reports of official misconduct, lobbyist and client
  3    reports, advisory opinions, campaign finance reporting, and
  4    making penalties applicable.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 1157DP 80
  7 jj/cf/24

PAG LIN

  1  1    Section 1.  Section 68B.32, subsection 1, Code 2003, is
  1  2 amended to read as follows:
  1  3    1.  An Iowa ethics and campaign disclosure board is
  1  4 established as an independent agency.  Effective January 1,
  1  5 1994, the The board shall administer this chapter and set
  1  6 standards for, investigate complaints relating to, and monitor
  1  7 the ethics of officials, employees, lobbyists, and candidates
  1  8 for office in the executive branch of state government.  The
  1  9 board shall administer chapter 721 and set standards for,
  1 10 investigate complaints relating to, and monitor the conduct of
  1 11 officials, employees, and candidates for office in the
  1 12 executive branch of state government under chapter 721.  The
  1 13 board shall also administer and set standards for, investigate
  1 14 complaints relating to, and monitor the campaign finance
  1 15 practices of candidates for public office.  The board shall
  1 16 consist of six members and shall be balanced as to political
  1 17 affiliation as provided in section 69.16.  The members shall
  1 18 be appointed by the governor, subject to confirmation by the
  1 19 senate.
  1 20    Sec. 2.  Section 68B.32, subsection 5, Code 2003, is
  1 21 amended to read as follows:
  1 22    5.  The board shall employ a full=time executive director
  1 23 who shall be the board's chief administrative officer.  The
  1 24 board shall employ or contract for the employment of legal
  1 25 counsel notwithstanding section 13.7, and any other personnel
  1 26 as may be necessary to carry out the duties of the board.  The
  1 27 board's legal counsel shall be the chief legal officer of the
  1 28 board, and shall advise the board on all legal matters
  1 29 relating to the administration of this chapter, and chapter
  1 30 56, and chapter 721.  The state may be represented by the
  1 31 board's legal counsel in any civil action regarding the
  1 32 enforcement of this chapter, or chapter 56, or, chapter 721,
  1 33 or at the board's request, the state may be represented by the
  1 34 office of the attorney general.  Notwithstanding section
  1 35 19A.3, all of the board's employees, except for the executive
  2  1 director and legal counsel, shall be employed subject to the
  2  2 merit system provisions of chapter 19A.  The salary of the
  2  3 executive director shall be fixed by the board, within the
  2  4 range established by the general assembly.  The salary of the
  2  5 legal counsel shall be fixed by the board, within a salary
  2  6 range established by the department of personnel for a
  2  7 position requiring similar qualifications and experience.
  2  8    Sec. 3.  Section 68B.32A, subsections 1, 5, 8, and 11, Code
  2  9 2003, are amended to read as follows:
  2 10    1.  Adopt rules pursuant to chapter 17A and conduct
  2 11 hearings under sections 68B.32B and 68B.32C and chapter 17A,
  2 12 as necessary to carry out the purposes of this chapter, and
  2 13 chapter 56, and chapter 721.
  2 14    5.  Prepare and publish a manual setting forth examples of
  2 15 approved uniform systems of accounts and approved methods of
  2 16 disclosure for use by persons required to file statements and
  2 17 reports under this chapter, and chapter 56, and chapter 721.
  2 18 The board shall also prepare and publish other educational
  2 19 materials, and any other reports or materials deemed
  2 20 appropriate by the board.  The board shall annually provide
  2 21 all officials and state employees with notification of the
  2 22 contents of this chapter and chapter 56 by distributing copies
  2 23 of educational materials to associations that represent the
  2 24 interests of the various governmental entities for
  2 25 dissemination to their membership.
  2 26    8.  Establish and impose penalties, and recommendations for
  2 27 punishment of persons who are subject to penalties of or
  2 28 punishment by the board or by other bodies, for the failure to
  2 29 comply with the requirements of this chapter, or chapter 56,
  2 30 or chapter 721.
  2 31    11.  Establish a procedure for requesting and issuing
  2 32 formal and informal board advisory opinions to local officials
  2 33 and employees and to persons subject to the authority of the
  2 34 board under this chapter, or chapter 56, or chapter 721.
  2 35 Advice contained in formal board advisory opinions shall, if
  3  1 followed, constitute a defense to a complaint filed with the
  3  2 board alleging a violation of this chapter, chapter 56,
  3  3 chapter 721, or rules of the board that is based on the same
  3  4 facts and circumstances.
  3  5    Sec. 4.  Section 68B.32B, subsections 1, 4, 8, 9, and 10,
  3  6 Code 2003, are amended to read as follows:
  3  7    1.  a.  Any person may file a complaint alleging that a
  3  8 candidate, committee, person holding a state office in the
  3  9 executive branch of state government, employee of the
  3 10 executive branch of state government, or other person has
  3 11 committed a violation of chapter 56 or rules adopted by the
  3 12 board.
  3 13    b.  Any person may file a complaint alleging that a person
  3 14 holding a state office in the executive branch of state
  3 15 government, an employee of the executive branch of state
  3 16 government, or a lobbyist or a client of a lobbyist of the
  3 17 executive branch of state government has committed a violation
  3 18 of this chapter or rules adopted by the board.
  3 19    c.  Any person may file a complaint alleging that a public
  3 20 officer or employee or other person has committed a violation
  3 21 of chapter 721 or rules adopted by the board.
  3 22    d.  The board shall prescribe and provide forms for this
  3 23 purpose the purposes of this section.
  3 24    e.  A complaint under this section must include the name
  3 25 and address of the complainant, a statement of the facts
  3 26 believed to be true that form the basis of the complaint,
  3 27 including the sources of information and approximate dates of
  3 28 the acts alleged, and a certification by the complainant under
  3 29 penalty of perjury that the facts stated to be true are true
  3 30 to the best of the complainant's knowledge.
  3 31    4.  Upon completion of legal review, the chairperson of the
  3 32 board shall be advised whether, in the opinion of the legal
  3 33 advisor, the complaint states an allegation which that is
  3 34 legally sufficient.  A legally sufficient allegation must
  3 35 allege all of the following:
  4  1    a.  Facts that would establish a violation of a provision
  4  2 of this chapter, chapter 56, chapter 721, or rules adopted by
  4  3 the board.
  4  4    b.  Facts that would establish that the conduct providing
  4  5 the basis for the complaint occurred within three years of the
  4  6 complaint.
  4  7    c.  Facts that would establish that the subject of the
  4  8 complaint is a party subject to the jurisdiction of the board.
  4  9    8.  The purpose of an investigation by the board's staff is
  4 10 to determine whether there is probable cause to believe that
  4 11 there has been a violation of this chapter, chapter 56,
  4 12 chapter 721, or of rules adopted by the board.  To facilitate
  4 13 the conduct of investigations, the board may issue and seek
  4 14 enforcement of subpoenas requiring the attendance and
  4 15 testimony of witnesses and subpoenas requiring the production
  4 16 of books, papers, records, and other real evidence relating to
  4 17 the matter under investigation.  Upon the request of the
  4 18 board, an appropriate county attorney or the attorney general
  4 19 shall assist the staff of the board in its investigation.
  4 20    9.  If the board determines on the basis of an
  4 21 investigation by board staff that there is probable cause to
  4 22 believe the existence of facts that would establish a
  4 23 violation of this chapter, chapter 56, chapter 721, or of
  4 24 rules adopted by the board, the board may issue a statement of
  4 25 charges and notice of a contested case proceeding to the
  4 26 complainant and to the person who is the subject of the
  4 27 complaint, in the manner provided for the issuance of
  4 28 statements of charges under chapter 17A.  If the board
  4 29 determines on the basis of an investigation by staff that
  4 30 there is no probable cause to believe that a violation has
  4 31 occurred, the board shall close the investigation, dismiss any
  4 32 related complaint, and the subject of the complaint shall be
  4 33 notified of the dismissal.  If the investigation originated
  4 34 from a complaint filed by a person other than the board, the
  4 35 person making the complaint shall also be notified of the
  5  1 dismissal.
  5  2    10.  At any stage during the investigation or after the
  5  3 initiation of a contested case proceeding, the board may
  5  4 approve a settlement regarding an alleged violation.  Terms of
  5  5 a settlement shall be reduced to writing and be available for
  5  6 public inspection.  An informal settlement may provide for any
  5  7 remedy specified in section 68B.32D.  However, the board shall
  5  8 not approve a settlement unless the board determines that the
  5  9 terms of the settlement are in the public interest and are
  5 10 consistent with the purposes of this chapter and, chapter 56,
  5 11 chapter 721, and of rules of the board.  In addition, the
  5 12 board may authorize board staff to seek informal voluntary
  5 13 compliance in routine matters brought to the attention of the
  5 14 board or its staff.
  5 15    Sec. 5.  Section 68B.32C, subsections 1 and 3, Code 2003,
  5 16 are amended to read as follows:
  5 17    1.  Contested case proceedings initiated as a result of the
  5 18 issuance of a statement of charges pursuant to section
  5 19 68B.32B, subsection 9, shall be conducted in accordance with
  5 20 the requirements of chapter 17A.  Clear and convincing
  5 21 evidence shall be required to support a finding that a person
  5 22 has violated this chapter, chapter 721, or any rules adopted
  5 23 by the board pursuant to this chapter or chapter 721.  A
  5 24 preponderance of the evidence shall be required to support a
  5 25 finding that a person has violated chapter 56 or any rules
  5 26 adopted by the board pursuant to chapter 56.  The case in
  5 27 support of the statement of charges shall be presented at the
  5 28 hearing by one of the board's attorneys or staff unless, upon
  5 29 the request of the board, the charges are prosecuted by
  5 30 another legal counsel designated by the attorney general.  A
  5 31 person making a complaint under section 68B.32B, subsection 1,
  5 32 is not a party to contested case proceedings conducted
  5 33 relating to allegations contained in the complaint.
  5 34    3.  Upon a finding by the board that the party charged has
  5 35 violated this chapter, chapter 56, chapter 721, or rules
  6  1 adopted by the board, the board may impose any penalty
  6  2 provided for by section 68B.32D.  Upon a final decision of the
  6  3 board finding that the party charged has not violated this
  6  4 chapter, chapter 56, chapter 721, or the rules of the board,
  6  5 the complaint shall be dismissed and the party charged and the
  6  6 original complainant, if any, shall be notified.
  6  7    Sec. 6.  Section 68B.32D, subsection 1, Code 2001, is
  6  8 amended to read as follows:
  6  9    1.  The board, after a hearing and upon a finding that a
  6 10 violation of this chapter, chapter 56, chapter 721, or rules
  6 11 adopted by the board has occurred, may do one or more of the
  6 12 following:
  6 13    a.  Issue an order requiring the violator to cease and
  6 14 desist from the violation found.
  6 15    b.  Issue an order requiring the violator to take any
  6 16 remedial action deemed appropriate by the board.
  6 17    c.  Issue an order requiring the violator to file any
  6 18 report, statement, or other information as required by this
  6 19 chapter, chapter 56, chapter 721, or rules adopted by the
  6 20 board.
  6 21    d.  Publicly reprimand the violator for violations of this
  6 22 chapter, chapter 56, chapter 721, or rules adopted by the
  6 23 board in writing and provide a copy of the reprimand to the
  6 24 violator's appointing authority.
  6 25    e.  Make a written recommendation to the violator's
  6 26 appointing authority that the violator be removed or suspended
  6 27 from office, and include in the recommendation the length of
  6 28 the suspension.
  6 29    f.  If the violation is a violation of this chapter,
  6 30 chapter 721, or rules adopted by the board pursuant to this
  6 31 chapter and the violator is an elected official of the
  6 32 executive branch of state government, other than an official
  6 33 who can only be removed by impeachment, make a written
  6 34 recommendation to the attorney general or the appropriate
  6 35 county attorney that an action for removal from office be
  7  1 initiated pursuant to chapter 66.
  7  2    g.  If the violation is a violation of this chapter or
  7  3 rules adopted by the board pursuant to this chapter and the
  7  4 violator is a lobbyist of the executive branch of state
  7  5 government, censure, reprimand, or impose other sanctions
  7  6 deemed appropriate by the board.  A lobbyist may also be
  7  7 suspended from lobbying activities if the board finds that
  7  8 suspension is an appropriate sanction for the violation
  7  9 committed.
  7 10    h.  Issue an order requiring the violator to pay a civil
  7 11 penalty of not more than two thousand dollars for each
  7 12 violation of this chapter, chapter 56, chapter 721, or rules
  7 13 adopted by the board.
  7 14    i.  Refer the complaint and supporting information to the
  7 15 attorney general or appropriate county attorney with a
  7 16 recommendation for prosecution or enforcement of criminal
  7 17 penalties.
  7 18    Sec. 7.  Section 68B.37, subsection 1, Code 2003, is
  7 19 amended by adding the following new paragraph:
  7 20    NEW PARAGRAPH.  e.  The receipt of salaries, fees, or other
  7 21 compensation paid to the lobbyist for acting directly to
  7 22 encourage the passage, defeat, approval, veto, or modification
  7 23 of legislation, administrative rule, or an executive order by
  7 24 the members of the general assembly, a state agency, or any
  7 25 statewide elected official.  The receipt of salaries, fees, or
  7 26 compensation shall be disclosed for each client the lobbyist
  7 27 represents.  In situations where a lobbyist receives a salary,
  7 28 the lobbyist shall disclose the amount of the lobbyist's
  7 29 salary that is attributable to time actually spent on lobbying
  7 30 activities.
  7 31    Sec. 8.  NEW SECTION.  721.13  COMPLAINTS FILED WITH IOWA
  7 32 ETHICS AND CAMPAIGN DISCLOSURE BOARD.
  7 33    Complaints concerning possible violations of this chapter
  7 34 involving executive branch officers, executive branch
  7 35 employees, or candidates for executive branch elected office
  8  1 shall be filed with the Iowa ethics and campaign disclosure
  8  2 board pursuant to section 68B.32B.
  8  3    Sec. 9.  Section 68B.38, Code 2003, is repealed.
  8  4    Sec. 10.  CODE EDITOR DIRECTIVE.  The Code editor shall
  8  5 move and renumber chapter 56 as chapter 68A, and shall change
  8  6 all references to chapter 56 appropriately throughout the
  8  7 Code.
  8  8                           EXPLANATION
  8  9    This bill provides that complaints regarding possible
  8 10 violations of Code chapter 721, relating to official
  8 11 misconduct, are to be filed with the Iowa ethics and campaign
  8 12 disclosure board.  Code chapter 721 contains such prohibitions
  8 13 for state employees such as using public motor vehicles for
  8 14 political purposes, engaging in campaign work during state
  8 15 employment, and furnishing anything of value to the state
  8 16 under a contract other than one awarded through open and
  8 17 competitive bidding.  Other amendments are also made to
  8 18 various provisions in Code chapter 68B to add appropriate
  8 19 references to Code chapter 721.
  8 20    The bill adds a new paragraph to Code section 68B.37
  8 21 requiring a lobbyist to disclose in written reports all income
  8 22 for activity=related time spent on lobbying activities, and
  8 23 repeals Code section 68B.38, requiring client reports.
  8 24    The bill also amends Code section 68B.32A relating to the
  8 25 issuance of advisory opinions by the board.
  8 26    The bill also directs the Code editor to designate Code
  8 27 chapter 56, relating to campaign finance disclosure, as Code
  8 28 chapter 68A, and to make appropriate changes throughout the
  8 29 Code as necessary to reflect the change.
  8 30 LSB 1157DP 80
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