H.F. _____ Section 1. Section 68B.22, subsection 4, paragraph s, Code 1 Supplement 2009, is amended to read as follows: 2 s. Gifts of food, beverage, and entertainment received by 3 public officials or public employees at a function where every 4 member of the general assembly has been invited to attend, 5 when the function takes place during a regular session of the 6 general assembly. A sponsor of a function under this paragraph 7 shall file a registration prior to the function taking place 8 identifying the sponsor and the date, time, and location 9 of the function. The registration shall be filed with the 10 person or persons designated by the secretary of the senate 11 and the chief clerk of the house and with the board. After a 12 function takes place, the sponsor of the function shall file 13 a report disclosing the total amount expended, including 14 in-kind expenditures, on food, beverage, and entertainment 15 for the function. The report shall be filed with the person 16 or persons designated by the secretary of the senate and 17 the chief clerk of the house and with the board within five 18 business twenty-eight calendar days following the date of the 19 function. The person or persons designated by the secretary 20 of the senate and the chief clerk of the house shall forward a 21 copy of each report to the board. 22 Sec. 2. Section 68B.31, subsection 4, paragraph a, 23 subparagraphs (3) and (4), Code 2009, are amended to read as 24 follows: 25 (3) Issue advisory opinions interpreting the intent 26 of constitutional and statutory provisions relating to 27 legislators , and lobbyists , and clients as well as interpreting 28 the code of ethics and rules issued pursuant to this section. 29 Opinions shall be issued when approved by a majority of the six 30 members and may be issued upon the written request of a member 31 of the general assembly or upon the committee’s initiation. 32 Opinions are not binding on the legislator , or lobbyist , or 33 client . 34 (4) Receive and hear complaints and charges against members 35 -1- LSB 5196HC (17) 83 tm/rj 1/ 8

H.F. _____ of its house , lobbyists, or clients of a lobbyist alleging a 1 violation of the code of ethics, rules governing lobbyists, 2 this chapter, or other matters referred to it by its house or 3 the independent special counsel. The committee shall recommend 4 rules for the receipt and processing of findings of probable 5 cause relating to ethical violations of members of the general 6 assembly , or lobbyists , or clients of lobbyists during the 7 legislative session and those received after the general 8 assembly adjourns. 9 Sec. 3. Section 68B.31, subsection 5, Code 2009, is amended 10 to read as follows: 11 5. Any person may file a complaint with the ethics 12 committee of either house alleging that a member of the general 13 assembly , or a lobbyist , or client of a lobbyist before the 14 general assembly has committed a violation of this chapter. 15 The ethics committee shall prescribe and provide forms for this 16 purpose. The complaint shall include the name and address 17 of the complainant and a statement of the facts believed to 18 be true that form the basis of the complaint, including the 19 sources of information and approximate dates of the acts 20 alleged and a certification by the complainant under penalty of 21 perjury that the facts stated to be true are true to the best 22 of the complainant’s knowledge. 23 Sec. 4. Section 68B.31, subsection 7, Code 2009, is amended 24 to read as follows: 25 7. a. If the ethics committee determines that a complaint 26 is not valid, the complaint shall be dismissed and returned 27 to the complainant with a notice of dismissal stating the 28 reason or reasons for the dismissal. If the ethics committee 29 determines that a complaint is valid and the ethics committee 30 does not take action under rules adopted pursuant to paragraph 31 “b” , the ethics committee shall request that the chief justice 32 of the supreme court appoint an independent special counsel 33 to investigate the allegations contained in the complaint 34 to determine whether there is probable cause to believe 35 -2- LSB 5196HC (17) 83 tm/rj 2/ 8

H.F. _____ that a violation of this chapter has occurred and whether an 1 evidentiary hearing on the complaint should be held. Payment 2 of costs for the independent special counsel shall be made from 3 section 2.12. 4 b. The ethics committee may adopt rules for purposes of 5 taking action on valid complaints without requesting the 6 appointment of an independent special counsel and without 7 requiring action by the appropriate house pursuant to 8 subsection 11. Such action may only be taken if the committee 9 determines that no dispute exists between the parties regarding 10 material facts that establish a violation. 11 Sec. 5. Section 68B.31, subsection 8, Code 2009, is amended 12 to read as follows: 13 8. If a hearing on the complaint is ordered the ethics 14 committee shall receive all admissible evidence, determine 15 any factual or legal issues presented during the hearing, and 16 make findings of fact based upon evidence received. Hearings 17 shall be conducted in the manner prescribed in section 17A.12. 18 The rules of evidence applicable under section 17A.14 shall 19 also apply in hearings before the ethics committee. Clear and 20 convincing evidence shall be required to support a finding 21 that the member of the general assembly , or lobbyist , or 22 client before the general assembly has committed a violation 23 of this chapter. Parties to a complaint may, subject to the 24 approval of the ethics committee, negotiate for settlement 25 of disputes that are before the ethics committee. Terms of 26 any negotiated settlements shall be publicly recorded. If a 27 complaint is filed or initiated less than ninety days before 28 the election for a state office, for which the person named 29 in the complaint is the incumbent officeholder, the ethics 30 committee shall, if possible, set the hearing at the earliest 31 available date so as to allow the issue to be resolved before 32 the election. An extension of time for a hearing may be 33 granted when both parties mutually agree on an alternate date 34 for the hearing. The ethics committee shall make every effort 35 -3- LSB 5196HC (17) 83 tm/rj 3/ 8

H.F. _____ to hear all ethics complaints within three months of the date 1 that the complaints are filed. However, after three months 2 from the date of the filing of the complaint, extensions 3 of time for purposes of preparing for hearing may only be 4 granted by the ethics committee when the party charged in the 5 complaint with the ethics violation consents to an extension. 6 If the party charged does not consent to an extension, the 7 ethics committee shall not grant any extensions of time for 8 preparation prior to hearing. All complaints alleging a 9 violation of this chapter or the code of ethics shall be 10 heard within nine months of the filing of the complaint. 11 Final dispositions of violations, which the ethics committee 12 has found to have been established by clear and convincing 13 evidence, shall be made within thirty days of the conclusion of 14 the hearing on the complaint. 15 Sec. 6. Section 68B.32A, subsection 5, Code Supplement 16 2009, is amended to read as follows: 17 5. Receive and file registration and reports from lobbyists 18 of the executive branch of state government, client disclosure 19 from clients of lobbyists of the executive branch of state 20 government, personal financial disclosure information from 21 officials and employees in the executive branch of state 22 government who are required to file personal financial 23 disclosure information under this chapter, and gift and bequest 24 disclosure information pursuant to section 8.7. The board, 25 upon its own motion, may initiate action and conduct a hearing 26 relating to reporting requirements under this chapter or 27 section 8.7. 28 Sec. 7. Section 68B.34A, Code Supplement 2009, is amended 29 to read as follows: 30 68B.34A Actions commenced against local officials or 31 employees. 32 1. Complaints alleging conduct of local officials or local 33 employees which violates this chapter, except for sections 34 68B.36 , 68B.37 , and 68B.38, shall be filed with the county 35 -4- LSB 5196HC (17) 83 tm/rj 4/ 8

H.F. _____ attorney in the county where the accused resides. However, if 1 the county attorney is the person against whom the complaint is 2 filed, or if the county attorney otherwise has a personal or 3 legal conflict of interest, the complaint shall be referred to 4 another county attorney. 5 2. Complaints alleging conduct of local officials or local 6 employees which violates section 68B.36 , 68B.37 , or 68B.38shall 7 be filed with the ethics committee of the appropriate house 8 of the general assembly if the conduct involves lobbying 9 activities before the general assembly or with the board if 10 the conduct involves lobbying activities before the executive 11 branch. 12 Sec. 8. Section 68B.36, subsections 1 and 5, Code 2009, are 13 amended to read as follows: 14 1. All lobbyists shall, on or before the day their lobbying 15 activity begins, register by filing a lobbyist’s registration 16 statement at times and in the manner provided in this section. 17 In addition to any other information required by the general 18 assembly and the board, a lobbyist shall identify in the 19 registration statement all clients of the lobbyist. Lobbyists 20 engaged in lobbying activities before the general assembly 21 shall file the statement with the chief clerk of the house of 22 representatives or the secretary of the senate. Lobbyists 23 engaged in lobbying activities before the office of the 24 governor or any state agency shall file the statement with 25 the board. The chief clerk of the house and the secretary 26 of the senate shall provide appropriate registration forms 27 to lobbyists before the general assembly. The board shall 28 prescribe appropriate registration forms for lobbyists before 29 the office of the governor and state agencies. 30 5. All federal, state, and local officials or employees 31 representing the official positions of their departments, 32 commissions, boards, or agencies shall, when lobbying the 33 general assembly, present to the chief clerk of the house or 34 the secretary of the senate a letter of authorization from 35 -5- LSB 5196HC (17) 83 tm/rj 5/ 8

H.F. _____ their department or agency heads prior to the commencement of 1 their lobbying. When lobbying a state agency or the office 2 of the governor, the letter shall be presented to the board. 3 The lobbyist registration statement of these officials and 4 employees shall not be deemed complete until the letter of 5 authorization is attached. Federal, state, and local officials 6 who wish to lobby in opposition to the official position of 7 their departments, commissions, boards, or agencies must 8 indicate this on their lobbyist registration statements. 9 Sec. 9. Section 68B.38, subsection 1, Code 2009, is amended 10 to read as follows: 11 1. On or before July 31 of each year, a lobbyist’s client 12 shall file with the general assembly or and board a report that 13 contains information on all salaries, fees, retainers, and 14 reimbursement of expenses paid or anticipated to be paid by the 15 lobbyist’s client to the lobbyist for lobbying purposes during 16 the preceding twelve calendar months, concluding on June 30 of 17 each year. The amount reported to the general assembly and the 18 board shall include the total amount of all salaries, fees, 19 retainers, and reimbursement of expenses paid to a lobbyist for 20 lobbying both the legislative and executive branches. 21 Sec. 10. REPEAL. Section 68B.37, Code 2009, is repealed. 22 EXPLANATION 23 This bill relates to ethics laws by establishing disclosure 24 requirements, providing jurisdictional authority, and allowing 25 certain procedures in resolving ethics complaints. 26 The bill amends an exception to the gift law that requires 27 public disclosure of expenses for a function sponsored by a 28 restricted donor where every member of the general assembly is 29 invited to attend a function that takes place during a regular 30 session of the general assembly. Currently, a report must 31 be filed with the general assembly detailing expenses by the 32 function sponsor within five business days following the date 33 of the function. A copy of the report is currently forwarded 34 to the Iowa ethics and campaign disclosure board. The bill 35 -6- LSB 5196HC (17) 83 tm/rj 6/ 8

H.F. _____ changes the five-business-day deadline to 28 calendar days 1 following the date of the function. The bill also requires a 2 function registration to be filed with the general assembly 3 and the board prior to the function taking place. The bill 4 also allows the receipt of food, beverages, and entertainment 5 by anyone attending such a function. The bill requires the 6 function report to be filed with the general assembly and the 7 board. 8 The bill provides that complaints may be filed with the 9 ethics committee against a client of a lobbyist alleging 10 violations of Code chapter 68B, the code of ethics, or rules 11 governing lobbyists. The bill also provides for the issuance 12 of advisory opinions relating to clients of lobbyists. 13 The bill allows the ethics committees in the senate and 14 house of representatives to adopt rules enabling the committees 15 to take certain types of action on valid complaints without 16 requesting the appointment of independent special counsel and 17 without requiring action by the appropriate chamber. Such 18 action may only be taken if the committee determines that 19 there is no dispute between the parties regarding material 20 facts establishing a violation. Currently, if a complaint is 21 determined to be valid, the ethics committee is required to 22 request the appointment of an independent special counsel to 23 investigate the complaint and determine whether probable cause 24 exists. 25 The bill requires lobbyist registration statements to 26 include a list of clients of the lobbyist. The bill eliminates 27 a requirement that a letter of authorization be filed by all 28 federal, state, and local officials or employees representing 29 the official positions of their departments, commissions, 30 boards, or agencies. 31 Currently, the client of a lobbyist is required to file 32 an annual report that contains information on all salaries, 33 fees, retainers, and reimbursement of expenses paid by the 34 lobbyist’s client to the lobbyist for lobbying purposes during 35 -7- LSB 5196HC (17) 83 tm/rj 7/ 8

H.F. _____ the preceding 12 calendar months. The bill provides that the 1 amount reported to the general assembly and the ethics and 2 campaign disclosure board shall include the total amount of all 3 salaries, fees, retainers, and reimbursement of expenses paid 4 to a lobbyist for lobbying both the legislative and executive 5 branches. 6 Currently, a lobbyist before the general assembly and a 7 lobbyist before a state agency or the office of the governor 8 must file periodic reports disclosing information related to 9 campaign contributions, lobbying expenditures, and a listing of 10 clients. The bill eliminates these periodic reports and makes 11 conforming amendments. 12 -8- LSB 5196HC (17) 83 tm/rj 8/ 8