Senate File 2242 - Introduced
SENATE FILE
BY QUIRMBACH
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to ethics concerning certain exceptions under the
2 gift law and reporting by lobbyists.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 68B.22, subsection 4, paragraphs i and
1 2 r, Code Supplement 2005, are amended to read as follows:
1 3 i. Nonmonetary items with a value of three four dollars or
1 4 less that are received from any one donor during one calendar
1 5 day.
1 6 r. Gifts of food, beverage, and entertainment received by
1 7 public officials or public employees at a function where every
1 8 member of the general assembly has been invited to attend,
1 9 when the function takes place during a regular session of the
1 10 general assembly, provided the cost of food, beverage, and
1 11 entertainment for the function does not exceed four dollars
1 12 per person attending the function. A sponsor of a function
1 13 under this paragraph shall file a report disclosing the total
1 14 amount expended, including in=kind expenditures, on food,
1 15 beverage, and entertainment for the function. The report
1 16 shall be filed with the person or persons designated by the
1 17 secretary of the senate and the chief clerk of the house
1 18 within five business days following the date of the function.
1 19 The person or persons designated by the secretary of the
1 20 senate and the chief clerk of the house shall forward a copy
1 21 of each report to the board.
1 22 Sec. 2. Section 68B.22, subsection 8, Code Supplement
1 23 2005, is amended to read as follows:
1 24 8. Except as otherwise provided in subsection 4, an
1 25 organization or association which has as one of its purposes
1 26 the encouragement of the passage, defeat, introduction, or
1 27 modification of legislation shall not give and a member of the
1 28 general assembly shall not receive food, beverages,
1 29 registration, or scheduled entertainment with a per person
1 30 value in excess of three four dollars.
1 31 Sec. 3. Section 68B.37, subsection 1, paragraph d, Code
1 32 2005, is amended to read as follows:
1 33 d. Expenditures made by the lobbyist for the purposes of
1 34 providing the services enumerated under section 68B.2,
1 35 subsection 13, paragraph "a". Such expenditures shall be
2 1 itemized and shall include but not be limited to salaries for
2 2 employees, payments to independent contractors, office and
2 3 administrative expenses, travel expenses, gift expenses, and
2 4 entertainment expenses. Itemization of expenditures shall be
2 5 given for each client and shall identify the recipient of the
2 6 expenditures if the recipient receives more than fifty dollars
2 7 during the reporting period from the lobbyist.
2 8 Sec. 4. Section 68B.37, subsection 3, Code 2005, is
2 9 amended to read as follows:
2 10 3. The reports by lobbyists before the general assembly
2 11 shall be filed not later than twenty=five days following any
2 12 month in which the general assembly is in session and
2 13 thereafter on or before July 31, October 31, and January 31.
2 14 The reports filed by a lobbyist before the general assembly
2 15 shall contain information for the preceding calendar month or
2 16 quarter or parts thereof during which the person was engaged
2 17 in lobbying. Reports filed by lobbyists before a state agency
2 18 shall be filed on or before April 30, July 31, October 31, and
2 19 January 31, for the preceding calendar quarter or parts
2 20 thereof during which the person was engaged in lobbying.
2 21 4. If a person cancels the person's lobbyist registration
2 22 at any time during the calendar year, the reports required by
2 23 this section are due on the dates required by this section or
2 24 fifteen days after cancellation, whichever is earlier. The
2 25 report due January 31 shall include all reportable items for
2 26 the preceding calendar year in addition to containing the
2 27 quarterly reportable items. A lobbyist who cancels the
2 28 person's lobbyist registration before January 1 of a year
2 29 shall file a report listing all reportable items for the year
2 30 in which the cancellation was filed. A lobbyist who cancels
2 31 the person's lobbyist registration between January 1 and
2 32 January 15 of a year shall file a report listing all
2 33 reportable items for the preceding year and so much of the
2 34 month of January as has expired at the time of cancellation.
2 35 However, if a lobbyist is a person who is designated to
3 1 represent the interest of an organization as defined in
3 2 section 68B.2, subsection 13, paragraph "a", subparagraph (2),
3 3 but is not paid compensation for that representation and does
3 4 not expend more than one thousand dollars as provided in
3 5 section 68B.2, subsection 13, paragraph "a", subparagraph (4),
3 6 the lobbyist shall only be required to file the report
3 7 specified in this section once annually, which shall be
3 8 performed at the time of filing the person's lobbyist
3 9 registration form or forms.
3 10 5. a. A lobbyist before the general assembly who fails to
3 11 timely file a lobbyist report required under this section
3 12 shall be subject to the imposition of a penalty fee according
3 13 to the following fee schedule:
3 14 (1) For the first occurrence in a calendar year, the
3 15 penalty fee shall be twenty=five dollars if the report is
3 16 fourteen or fewer days late, fifty dollars if the report is
3 17 more than fourteen but less than thirty=one days late, and one
3 18 hundred dollars if the report is thirty=one or more days late.
3 19 (2) For the second occurrence in a calendar year, the
3 20 penalty fee shall be fifty dollars if the report is fourteen
3 21 or fewer days late, one hundred dollars if the report is more
3 22 than fourteen but less than thirty=one days late, and two
3 23 hundred dollars if the report is thirty=one or more days late.
3 24 (3) For the third and subsequent occurrences in a calendar
3 25 year, the penalty fee shall be one hundred dollars if the
3 26 report is fourteen or fewer days late, two hundred dollars if
3 27 the report is more than fourteen but less than thirty=one days
3 28 late, and four hundred dollars if the report is thirty=one or
3 29 more days late.
3 30 b. The penalty fee shall be assessed by the chief clerk of
3 31 the house or the secretary of the senate and due upon
3 32 assessment and payable upon filing of the delinquent report
3 33 with the chief clerk of the house or the secretary of the
3 34 senate. An appeal of a penalty fee assessed pursuant to this
3 35 subsection may be filed with the ethics committee in the house
4 1 which assessed the penalty fee. A lobbyist shall not be
4 2 assessed a penalty fee twice for the same delinquent report.
4 3 c. Penalty fees collected pursuant to this subsection
4 4 shall be credited to the general fund of the state.
4 5 6. Upon receipt of a report required to be filed with the
4 6 general assembly under this section, the chief clerk of the
4 7 house or the secretary of the senate shall immediately
4 8 transmit a copy of the report to the ethics and campaign
4 9 disclosure board. The board shall establish a procedure for
4 10 continual, random auditing of reports filed by lobbyists
4 11 before the general assembly. Upon completion of an audit, the
4 12 board shall submit the findings to the chief clerk of the
4 13 house or the secretary of the senate for distribution to the
4 14 ethics committees in both houses.
4 15 EXPLANATION
4 16 This bill relates to ethics concerning certain exceptions
4 17 under the gift law and reporting by lobbyists.
4 18 Currently, a public official, public employee, candidate,
4 19 or member of the immediate family of a public official, public
4 20 employee, or candidate may receive an otherwise impermissible
4 21 gift if the gift is a nonmonetary item with a value of $3 or
4 22 less that is received from any one donor during one calendar
4 23 day. The bill increases the $3 limit to $4.
4 24 Currently, public officials and public employees may
4 25 receive an otherwise impermissible gift of food, beverage, and
4 26 entertainment if such gifts are received at a function where
4 27 every member of the general assembly has been invited to
4 28 attend and when the function takes place during a regular
4 29 session of the general assembly. The bill adds a requirement
4 30 that the cost of the food, beverage, and entertainment for the
4 31 function shall not exceed $4 per person attending the
4 32 function.
4 33 Currently, an organization or association which has as one
4 34 of its purposes the encouragement of the passage, defeat,
4 35 introduction, or modification of legislation shall not give
5 1 and a member of the general assembly shall not receive food,
5 2 beverages, registration, or scheduled entertainment with a per
5 3 person value in excess of $3. The bill increases the $3 limit
5 4 to $4.
5 5 The bill provides that expenditures made by a lobbyist
5 6 before the general assembly and reported in a report filed
5 7 with the general assembly shall be itemized and shall include
5 8 but not be limited to salaries for employees, payments to
5 9 independent contractors, office and administrative expenses,
5 10 travel expenses, gift expenses, and entertainment expenses.
5 11 The bill provides that itemization of expenditures shall be
5 12 given for each client and shall identify the recipient of the
5 13 expenditures if the recipient receives more than $50 during
5 14 the reporting period from the lobbyist.
5 15 The bill provides that a lobbyist before the general
5 16 assembly who fails to timely file a required lobbyist report
5 17 shall be subject to the imposition of a penalty fee according
5 18 to a fee schedule included in the bill. The bill provides
5 19 that the penalty fee shall be assessed by the chief clerk of
5 20 the house or the secretary of the senate and due upon
5 21 assessment and payable upon filing of the delinquent report by
5 22 the chief clerk of the house or the secretary of the senate.
5 23 The bill allows for an appeal of a penalty fee to be filed
5 24 with the ethics committee in the house which assessed the
5 25 penalty fee. The bill provides that a lobbyist shall not be
5 26 assessed a penalty fee twice for the same delinquent report.
5 27 The bill provides that penalty fees collected shall be
5 28 credited to the general fund of the state.
5 29 The bill provides that, upon receipt of a lobbyist report,
5 30 the chief clerk of the house or the secretary of the senate
5 31 shall immediately transmit a copy of the report to the ethics
5 32 and campaign disclosure board. The bill requires the board to
5 33 establish a procedure for continual, random auditing of
5 34 reports filed by lobbyists before the general assembly. The
5 35 bill provides that, upon completion of an audit, the board
6 1 shall submit the findings to the chief clerk of the house or
6 2 the secretary of the senate for distribution to the ethics
6 3 committees in both houses.
6 4 LSB 5889XS 81
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