SF 2067 (LSB 5304SV (18) 83)

SENATE FILE 2067

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO SSB 3006)

A BILL FOR

An Act relating to ethics regulations for the executive branch, legislative branch, and local officials and employees and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 17A.2, subsection 11, Code 2009, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  1.  An advisory opinion of the Iowa ethics and campaign disclosure board.
    Sec. 2.  Section 68B.3, subsection 1, Code 2009, is amended to read as follows:
   1.  An Except as part of official state duties, an official, a state employee, a member of the general assembly, or a legislative employee shall not sell, in any one occurrence, any goods or services having a value in excess of two thousand dollars to any state agency unless the sale is made pursuant to an award or contract let after public notice and competitive bidding.
    Sec. 3.  Section 68B.3, Code 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  Except when performing official state duties, an official or a state employee making a permissible sale under this section shall file a report with the board within twenty days of making the sale. The report shall include but not be limited to the parties to the sale, the date of the sale, the total amount of the sale, and the type of goods or services being sold.
    Sec. 4.  Section 68B.32A, subsections 5 and 9, Code Supplement 2009, are amended to read as follows:
   5.  Receive and file registration all registrations and reports from lobbyists of the executive branch of state government, client disclosure from clients of lobbyists of the executive branch of state government, personal financial disclosure information from officials and employees in the executive branch of state government who are required to file personal financial disclosure information under that are required to be filed with the board under this chapter, and gift and bequest disclosure information pursuant to or section 8.7. The board, upon its own motion, may initiate action, and conduct a hearing hearings, impose sanctions, and order administrative resolutions relating to reporting requirements under this chapter or section 8.7.
   9.  Establish and impose penalties, and recommendations for punishment of persons who are subject to penalties of or punishment by the board or by other bodies, for the failure to comply with the requirements of this chapter, chapter 68A, or section 8.7. Unless the imposition of the penalty is waived by the board or is otherwise reversed on judicial review, the board shall receive and retain ten percent of any civil penalty imposed by the board which shall be considered repayment receipts as defined in section 8.2.
    Sec. 5.  Section 68B.32A, Code Supplement 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  19.  Impose penalties upon, or refer matters relating to, persons who provide false information to the board during a board investigation of a potential violation of this chapter, chapter 68A, section 8.7, or rules of the board. The board shall adopt rules to administer this subsection.
    Sec. 6.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   This bill relates to ethics regulations for the executive branch, legislative branch, and local officials and employees. 
   The bill adds an opinion of the ethics and campaign disclosure board to the list of exceptions that are not considered an administrative rule under the definition of “rule” as defined in Code chapter 17A.
   Currently, there are restrictions on the ability of an official, a state employee, a member of the general assembly, or a legislative employee to sell goods or services of a certain value to any state agency unless the sale is made pursuant to an award or contract let after public notice and competitive bidding. The bill provides that an official, a state employee, a member of the general assembly, or a legislative employee may sell such goods or services if the sale is conducted as part of the official duties of the person. The bill also provides that an official or an employee of the executive branch making such a sale shall file a report with the ethics and campaign disclosure board within 20 days of making the sale.
   The bill provides that the ethics and campaign disclosure board shall receive all registrations and reports required to be filed with the board under Code chapter 68B and Code section 8.7. The bill provides that the board, under its own motion, may initiate action, conduct hearings, impose sanctions, and order administrative resolutions relating to reporting requirements.
   The bill provides that the ethics and campaign disclosure board may receive and retain 10 percent of any civil penalty imposed by the board which shall be considered repayment receipts.
   The bill allows the ethics and campaign disclosure board to impose penalties upon, or refer matters relating to, persons who provide false information to the board during a board investigation of a potential violation. The board is given rulemaking authority to administer this penalty provision.
   The bill takes effect upon enactment.