Senate Study Bill 1346 



                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            GOVERNMENT OVERSIGHT BILL
                                            BY CHAIRPERSON COURTNEY)


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

                                      A BILL FOR

  1 An Act relating to administration of provisions involving
  2    violations of the state's noncompetition by government law.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2861XC 82
  5 rn/es/88

PAG LIN



  1  1    Section 1.  Section 23A.4, Code 2007, is amended by
  1  2 striking the section and inserting in lieu thereof the
  1  3 following:
  1  4    23A.4  ADMINISTRATION OF CHAPTER.
  1  5    1.  The Iowa ethics and campaign disclosure board may give
  1  6 advice, issue advisory opinions, adopt rules, receive
  1  7 complaints, conduct investigations, hold hearings, and impose
  1  8 sanctions in order to administer the provisions of this
  1  9 chapter.
  1 10    2.  Judicial review of the actions of the board and
  1 11 judicial enforcement of board orders may be sought in
  1 12 accordance with chapter 17A.
  1 13    3.  The office of citizens' aide may review violations of
  1 14 this chapter and make recommendations as provided in chapter
  1 15 2C.
  1 16    Sec. 2.  Section 68B.32A, Code 2007, is amended by adding
  1 17 the following new subsection:
  1 18    NEW SUBSECTION.  15.  Administer the provisions of chapter
  1 19 23A regarding noncompetition by government with private
  1 20 enterprise pursuant to section 23A.4.
  1 21                           EXPLANATION
  1 22    This bill relates to the administration of Code provisions
  1 23 prohibiting certain competition by government with private
  1 24 enterprise.  Code chapter 23A generally restricts competition
  1 25 by government entities with private enterprise, and Code
  1 26 section 23A.4 provides for injunctive relief through judicial
  1 27 review as a remedy for noncompetition violations and the
  1 28 payment of attorney fees and expenses and court costs to an
  1 29 aggrieved person by a violating state agency or political
  1 30 subdivision.
  1 31    The bill eliminates these provisions and gives the Iowa
  1 32 ethics and campaign disclosure board jurisdiction to
  1 33 administer the Code chapter.  Specifically, the bill provides
  1 34 that the board may give advice, issue advisory opinions, adopt
  1 35 rules, receive complaints, conduct investigations, hold
  2  1 hearings, and impose sanctions to administer the Code
  2  2 chapter's provisions.  The bill provides for judicial review
  2  3 of board actions and orders.
  2  4    A current provision in Code chapter 23A providing that the
  2  5 office of citizens' aide may review Code chapter violations
  2  6 and make recommendations is retained.
  2  7    The bill makes a conforming change referencing the board's
  2  8 responsibilities in administering the Code chapter in Code
  2  9 section 68B.32A, which sets forth general duties and
  2 10 responsibilities of the board.
  2 11 LSB 2861XC 82
  2 12 rn:rj/es/88.2