House Study Bill 62
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 ethical conduct of state and local
2 officials and employees.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1199DP 81
5 tm/sh/8
PAG LIN
1 1 Section 1. NEW SECTION. 68B.2B EXECUTIVE BRANCH
1 2 COMPENSATION.
1 3 An official or state employee shall not receive
1 4 compensation for engaging in the performance of the person's
1 5 official state duties and functions from any entity other than
1 6 the state agency headed by the official or the state agency
1 7 with which the state employee is employed.
1 8 Sec. 2. Section 68B.26, Code 2005, is amended to read as
1 9 follows:
1 10 68B.26 ACTIONS COMMENCED.
1 11 Complaints regarding conduct of local officials or local
1 12 employees, except for persons elected to county office or
1 13 employed by a county, which violates this chapter shall be
1 14 filed with the county attorney in the county where the accused
1 15 resides. However, if the county attorney is the person
1 16 against whom the complaint is filed, or if the county attorney
1 17 otherwise has a personal or legal conflict of interest, the
1 18 complaint shall be referred to another county attorney.
1 19 Sec. 3. Section 68B.32, subsection 1, Code 2005, is
1 20 amended to read as follows:
1 21 1. An Iowa ethics and campaign disclosure board is
1 22 established as an independent agency. Effective January 1,
1 23 1994, the The board shall administer this chapter and set
1 24 standards for, investigate complaints relating to, and monitor
1 25 the ethics of officials, employees, lobbyists, and candidates
1 26 for office in the executive branch of state government, and
1 27 persons elected to county office or employed by a county. The
1 28 board shall also administer and set standards for, investigate
1 29 complaints relating to, and monitor the campaign finance
1 30 practices of candidates for public office. The board shall
1 31 consist of six members and shall be balanced as to political
1 32 affiliation as provided in section 69.16. The members shall
1 33 be appointed by the governor, subject to confirmation by the
1 34 senate.
1 35 Sec. 4. Section 68B.32A, subsection 12, Code 2005, is
2 1 amended to read as follows:
2 2 12. Establish rules relating to ethical conduct for
2 3 persons holding a state office in the executive branch of
2 4 state government, including candidates, and for employees of
2 5 the executive branch of state government, and for persons
2 6 elected to county office or employed by a county, and
2 7 regulations governing the conduct of lobbyists of the
2 8 executive branch of state government, including but not
2 9 limited to conflicts of interest, abuse of office, misuse of
2 10 public property, use of confidential information,
2 11 participation in matters in which an official, or state
2 12 employee, or a person elected to county office or employed by
2 13 a county has a financial interest, and rejection of improper
2 14 offers.
2 15 Sec. 5. Section 68B.32B, subsection 1, Code 2005, is
2 16 amended to read as follows:
2 17 1. Any person may file a complaint alleging that a
2 18 candidate, committee, person holding a state office in the
2 19 executive branch of state government, employee of the
2 20 executive branch of state government, or other person has
2 21 committed a violation of chapter 68A or rules adopted by the
2 22 board. Any person may file a complaint alleging that a person
2 23 holding a state office in the executive branch of state
2 24 government, an employee of the executive branch of state
2 25 government, a person holding an elected county office or
2 26 employed by a county, or a lobbyist or a client of a lobbyist
2 27 of the executive branch of state government has committed a
2 28 violation of this chapter or rules adopted by the board. The
2 29 board shall prescribe and provide forms for this purpose. A
2 30 complaint must include the name and address of the
2 31 complainant, a statement of the facts believed to be true that
2 32 form the basis of the complaint, including the sources of
2 33 information and approximate dates of the acts alleged, and a
2 34 certification by the complainant under penalty of perjury that
2 35 the facts stated to be true are true to the best of the
3 1 complainant's knowledge.
3 2 Sec. 6. Section 68B.32D, subsection 1, paragraph f, Code
3 3 2005, is amended to read as follows:
3 4 f. If the violation is a violation of this chapter or
3 5 rules adopted by the board pursuant to this chapter and the
3 6 violator is an elected official of the executive branch of
3 7 state government or an elected official of county government,
3 8 other than an official who can only be removed by impeachment,
3 9 make a written recommendation to the attorney general or the
3 10 appropriate county attorney that an action for removal from
3 11 office be initiated pursuant to chapter 66.
3 12 EXPLANATION
3 13 This bill relates to the ethical conduct of state and local
3 14 officials and employees.
3 15 The bill provides that an official or state employee shall
3 16 not receive compensation for engaging in the performance of
3 17 the person's official state duties from any entity other than
3 18 the state agency headed by the official or the state agency
3 19 with which the state employee is employed.
3 20 The bill provides that complaints regarding ethical conduct
3 21 for persons elected to county office or employed by a county
3 22 are to be filed with and investigated by the Iowa ethics and
3 23 campaign disclosure board. Currently, such complaints
3 24 regarding ethical conduct are filed with and investigated by
3 25 the county attorney in the county where the accused resides.
3 26 LSB 1199DP 81
3 27 tm/sh/8