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:
  4 TLSB 1249XD 82
  5 tm/je/5

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.
  3 33 LSB 1249XD 82
  3 34 tm:rj/je/5