Senate Study Bill 3160





                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            GOVERNMENT OVERSIGHT BILL
                                            BY CO=CHAIRPERSON LUNDBY)


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

                                      A BILL FOR

  1 An Act relating to violations of Iowa's noncompetition by
  2    government law and providing penalties and remedies.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6411SK 81
  5 jr/je/5

PAG LIN



  1  1    Section 1.  Section 23A.4, Code 2005, is amended by
  1  2 striking the section and inserting in lieu thereof the
  1  3 following:
  1  4    23A.4  COMPLAINTS.
  1  5    1.  Any person alleging a violation of this chapter may
  1  6 file a complaint with the Iowa ethics and campaign disclosure
  1  7 board.  The board may issue opinions, adopt rules, receive
  1  8 complaints, conduct investigations, and hold hearings in order
  1  9 to administer the provisions of this chapter.  If the board
  1 10 determines a violation of this chapter has occurred, the board
  1 11 may take any of the following actions:
  1 12    a.  Issue an order requiring the violator to cease and
  1 13 desist from the violation.
  1 14    b.  Issue an order requiring the violator to take any
  1 15 remedial action deemed appropriate by the board.
  1 16    c.  Issue an order requiring the violator to pay a civil
  1 17 penalty of not more than two thousand dollars for each
  1 18 violation of this chapter.
  1 19    Judicial review of the actions of the board may be sought
  1 20 in accordance with chapter 17A.  Judicial enforcement of
  1 21 orders of the board may be sought in accordance with chapter
  1 22 17A.
  1 23    2.  The office of citizens' aide may review violations of
  1 24 this chapter and make recommendations as provided in chapter
  1 25 2C.
  1 26                           EXPLANATION
  1 27    Code chapter 23A generally restricts competition by
  1 28 government entities with private enterprise, and Code section
  1 29 23A.4 provides for injunctive relief through judicial review
  1 30 as a remedy for abuse, along with the possibility of review by
  1 31 the office of citizens' aide.  This bill eliminates current
  1 32 provisions for injunctive relief and gives the Iowa ethics and
  1 33 campaign disclosure board jurisdiction to investigate and
  1 34 adjudicate violations of the Code chapter.  Remedies and
  1 35 penalties which may be imposed by the board are:  issuing a
  2  1 cease and desist order; issuing an order requiring the
  2  2 violator to take any remedial action deemed appropriate; or
  2  3 issuing an order requiring the violator to pay a civil penalty
  2  4 of not more than $2,000 for each violation of this chapter or
  2  5 rules adopted by the board.  Judicial review of board actions
  2  6 and judicial enforcement of board orders are available in
  2  7 accordance with Code chapter 17A.
  2  8 LSB 6411SK 81
  2  9 jr:rj/je/5