Senate Study Bill 1028
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 regulation of ethical conduct by
2 governmental entities.
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.3, Code 2007, is amended to read as
1 2 follows:
1 3 68B.3 WHEN PUBLIC BIDS REQUIRED == DISCLOSURE OF INCOME
1 4 FROM OTHER SALES.
1 5 1. An official, a state employee, a member of the general
1 6 assembly, or a legislative employee shall not sell, in any one
1 7 occurrence, any goods or services having a value in excess of
1 8 two thousand dollars to any state agency unless the sale is
1 9 made pursuant to an award or contract let after public notice
1 10 and competitive bidding.
1 11 2. This subsection shall section does not apply to the
1 12 publication of resolutions, advertisements, or other legal
1 13 propositions or notices in newspapers designated pursuant to
1 14 law for the publication of legal propositions or notices and
1 15 for which rates are fixed pursuant to law. This subsection
1 16 shall also not apply to sales of services by persons subject
1 17 to the requirements of this section to state executive branch
1 18 agencies or subunits of departments or independent agencies as
1 19 defined under section 7E.4 that are not the subunit of the
1 20 department or independent agency in which the person serves or
1 21 is employed or are not a subunit of a department or
1 22 independent agency with which the person has substantial and
1 23 regular contact as part of the person's duties.
1 24 For purposes of this section, "services" does not include
1 25 instruction at an accredited education institution if the
1 26 person providing the instruction meets the minimum education
1 27 and licensing requirements established for instructors at the
1 28 education institution.
1 29 2. 3. An official or member of the general assembly who
1 30 sells goods or services to a political subdivision of the
1 31 state shall disclose whether income has been received from
1 32 commissions from the sales in the manner provided under
1 33 section 68B.35.
1 34 4. For purposes of this section, "services" does not
1 35 include instruction at an accredited education institution if
2 1 the person providing the instruction meets the minimum
2 2 education and licensing requirements established for
2 3 instructors at the education institution.
2 4 Sec. 2. Section 68B.22, subsection 3, Code 2007, is
2 5 amended to read as follows:
2 6 3. A restricted donor may give, and a public official,
2 7 public employee, or candidate, or the person's immediate
2 8 family member, may accept an otherwise prohibited nonmonetary
2 9 gift or a series of otherwise prohibited nonmonetary gifts and
2 10 not be in violation of this section if the nonmonetary gift or
2 11 series of nonmonetary gifts is donated within thirty days to a
2 12 public body, the department of administrative services, or a
2 13 bona fide educational or charitable organization, if no part
2 14 of the net earnings of the educational or charitable
2 15 organization inures to the benefit of any private stockholder
2 16 or other individual. All such items donated to the department
2 17 of administrative services shall be disposed of by assignment
2 18 to state agencies for official use or by public sale. A
2 19 person subject to section 8.7 that receives a gift pursuant to
2 20 this subsection shall file a report pursuant to section 8.7.
2 21 Sec. 3. Section 68B.32A, subsection 6, Code 2007, is
2 22 amended to read as follows:
2 23 6. Assure that the statements and reports which have been
2 24 filed in accordance with this chapter, chapter 68A, and
2 25 section 8.7 are available for public inspection and copying
2 26 during the regular office hours of the office in which they
2 27 are filed and not later than by the end of the day during
2 28 which a report or statement was received. Rules adopted
2 29 relating to public inspection and copying of statements and
2 30 reports may include a charge for any copying and mailing of
2 31 the reports and statements, shall provide for the mailing of
2 32 copies upon the request of any person and upon prior receipt
2 33 of payment of the costs by the board, and shall prohibit the
2 34 use of the information copied from reports and statements for
2 35 soliciting contributions or for any commercial purpose by any
3 1 person other than statutory political committees.
3 2 EXPLANATION
3 3 This bill relates to the regulation of ethical conduct by
3 4 governmental entities.
3 5 The bill provides that prohibited gifts received from a
3 6 restricted donor and donated within 30 days to a person that
3 7 is subject to Code section 8.7 must meet the reporting
3 8 requirements of Code section 8.7.
3 9 Currently, an official, a state employee, a member of the
3 10 general assembly, or a legislative employee is prohibited from
3 11 selling, in any one occurrence, any goods or services having a
3 12 value in excess of $2,000 to any state agency unless the sale
3 13 is made pursuant to an award or contract let after public
3 14 notice and competitive bidding. The bill eliminates an
3 15 exception to the prohibition for sales of services by an
3 16 official, a state employee, a member of the general assembly,
3 17 or a legislative employee to state executive branch agencies
3 18 or subunits of departments or independent agencies that are
3 19 not the subunit of the department or independent agency in
3 20 which the person serves or is employed or are not a subunit of
3 21 a department or independent agency with which the person has
3 22 substantial and regular contact as part of the person's
3 23 duties.
3 24 Currently, the Iowa ethics and campaign disclosure board is
3 25 required to adopt rules to prohibit the use of information
3 26 copied from reports and statement filed with the board from
3 27 being used for soliciting contributions or for any commercial
3 28 purpose by any person other than statutory political
3 29 committees. The bill allows such information to be used for
3 30 soliciting contributions and prohibits the use for any
3 31 commercial purpose by any person including statutory political
3 32 committees.
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