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:
  4 TLSB 5889XS 81
  5 tm/je/5

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
  6  5 tm:rj/je/5.1