Senate Study Bill 1046 



                                       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 ethics regulations for the executive branch,
  2    legislative branch, and local officials and employees.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1185XD 83
  5 tm/rj/14

PAG LIN



  1  1    Section 1.  Section 68B.2A, subsection 1, Code 2009, is
  1  2 amended to read as follows:
  1  3    1.  Any person who serves or is employed by the state or a
  1  4 political subdivision of the state shall not engage in any
  1  5 outside employment or activity which is in conflict with the
  1  6 person's official duties and responsibilities.  In determining
  1  7 whether particular outside employment or activity creates an
  1  8 unacceptable conflict of interest, situations in which an
  1  9 unacceptable conflict shall be deemed to exist shall include,
  1 10 but not to be limited to, any of the following conduct:
  1 11    a.  The outside Outside employment or an activity that
  1 12 involves the use of the state's or the political subdivision's
  1 13 time, facilities, equipment, and supplies or the use of the
  1 14 state or political subdivision badge, uniform, business card,
  1 15 or other evidences of office or employment to give the person
  1 16 or member of the person's immediate family an advantage or
  1 17 pecuniary benefit that is not available to other similarly
  1 18 situated members or classes of members of the general public.
  1 19 This paragraph does not apply to off=duty peace officers who
  1 20 provide private duty security or fire fighters or emergency
  1 21 medical care providers certified under chapter 147A who
  1 22 provide private duty fire safety or emergency medical services
  1 23 while carrying their badge or wearing their official uniform,
  1 24 provided that the person has secured the prior approval of the
  1 25 agency or political subdivision in which the person is
  1 26 regularly employed to engage in the activity.  For purposes of
  1 27 this paragraph, a person is not "similarly situated" merely by
  1 28 being or being related to a person who serves or is employed
  1 29 by the state or a political subdivision of the state.
  1 30    b.  The outside Outside employment or an activity that
  1 31 involves the receipt of, promise of, or acceptance of money or
  1 32 other consideration by the person, or a member of the person's
  1 33 immediate family, from anyone other than the state or the
  1 34 political subdivision for the performance of any act that the
  1 35 person would be required or expected to perform as a part of
  2  1 the person's regular duties or during the hours during which
  2  2 the person performs service or work for the state or political
  2  3 subdivision of the state.
  2  4    c.  The outside Outside employment or an activity that is
  2  5 subject to the official control, inspection, review, audit, or
  2  6 enforcement authority of the person, during the performance of
  2  7 the person's duties of office or employment.
  2  8    Sec. 2.  Section 68B.2A, subsection 2, unnumbered paragraph
  2  9 1, Code 2009, is amended to read as follows:
  2 10    If the outside employment or activity is employment or
  2 11 activity described in subsection 1, paragraph "a" or "b", the
  2 12 person shall immediately cease the employment or activity.  If
  2 13 the outside employment or activity is employment or activity
  2 14 described in subsection 1, paragraph "c", or constitutes any
  2 15 other unacceptable conflict of interest outside employment or
  2 16 an activity prohibited under rules adopted pursuant to
  2 17 subsection 4 or under the senate or house codes of ethics,
  2 18 unless otherwise provided by law, the person shall take one of
  2 19 the following courses of action:
  2 20    Sec. 3.  Section 68B.7, subsections 1 and 2, Code 2009, are
  2 21 amended to read as follows:
  2 22    1.  A person who has served as an official, state employee
  2 23 of a state agency, member of the general assembly, or
  2 24 legislative employee shall not within a period of two years
  2 25 after the termination of such service or employment appear
  2 26 before the agency or receive compensation for any services
  2 27 rendered on behalf of any person, firm, corporation, or
  2 28 association in relation to any case, proceeding, or
  2 29 application with respect to which the person was directly
  2 30 concerned and personally participated during the period of
  2 31 service or employment.
  2 32    2.  A person who has served as the head of or on a
  2 33 commission or board of a regulatory agency or as a deputy
  2 34 thereof, shall not, within a period of two years after the
  2 35 termination of such service accept do any of the following:
  3  1    a.  Accept employment with that commission, board, or
  3  2 agency or receive.
  3  3    b.  Receive compensation for any services rendered on
  3  4 behalf of any person, firm, corporation, or association in any
  3  5 case, proceedings, or application before the department with
  3  6 which the person so served wherein the person's compensation
  3  7 is to be dependent or contingent upon any action by such
  3  8 agency with respect to any license, contract, certificate,
  3  9 ruling, decision, opinion, rate schedule, franchise, or other
  3 10 benefit, or in promoting or opposing, directly or indirectly,
  3 11 the passage of bills or resolutions before either house of the
  3 12 general assembly.
  3 13    Sec. 4.  Section 68B.26, Code 2009, is amended to read as
  3 14 follows:
  3 15    68B.26  ACTIONS COMMENCED.
  3 16    1.  Complaints regarding alleging conduct of local
  3 17 officials or local employees which violates this chapter,
  3 18 except for sections 68B.36, 68B.37, and 68B.38, shall be filed
  3 19 with the county attorney in the county where the accused
  3 20 resides.  However, if the county attorney is the person
  3 21 against whom the complaint is filed, or if the county attorney
  3 22 otherwise has a personal or legal conflict of interest, the
  3 23 complaint shall be referred to another county attorney.
  3 24    2.  Complaints alleging conduct of local officials or local
  3 25 employees which violates section 68B.36, 68B.37, or 68B.38,
  3 26 shall be filed with the ethics committee of the appropriate
  3 27 house of the general assembly if the conduct involves lobbying
  3 28 activities before the general assembly or with the board if
  3 29 the conduct involves lobbying activities before the executive
  3 30 branch.
  3 31    Sec. 5.  Section 68B.35, subsection 5, Code 2009, is
  3 32 amended to read as follows:
  3 33    5.  a.  A candidate for statewide office shall file a
  3 34 financial statement with the ethics and campaign disclosure
  3 35 board, a candidate for the office of state representative
  4  1 shall file a financial statement with the chief clerk of the
  4  2 house of representatives, and a candidate for the office of
  4  3 state senator shall file a financial statement with the
  4  4 secretary of the senate.  Statements shall contain information
  4  5 concerning the year preceding the year in which the election
  4  6 is to be held.  The statement shall be filed no later than
  4  7 thirty days after the date on which a person is required to
  4  8 file nomination papers for state office under section 43.11,
  4  9 or, if the person is a candidate in a special election, as
  4 10 soon as practicable after the certification of the name of the
  4 11 nominee under section 43.88, but the statement shall be
  4 12 postmarked no later than seven days after certification.
  4 13    b.  The ethics and campaign disclosure board shall adopt
  4 14 rules pursuant to chapter 17A providing for the filing of the
  4 15 financial statements with the board and for the deposit,
  4 16 retention, and availability of the financial statements.  The
  4 17 ethics committees of the house of representatives and the
  4 18 senate shall recommend rules for adoption by the respective
  4 19 houses providing for the filing of the financial statements
  4 20 with the chief clerk of the house or the secretary of the
  4 21 senate and for the deposit, retention, and availability of the
  4 22 financial statements.  Rules adopted shall also include a
  4 23 procedure for notification of candidates of the duty to file
  4 24 disclosure statements under this section.
  4 25    Sec. 6.  CODE EDITOR DIRECTIVES.
  4 26    1.  The Code editor shall create a new subchapter in
  4 27 chapter 68B and move sections 68B.25 and 68B.26 into the new
  4 28 subchapter.
  4 29    2.  The Code editor shall consider modifying the headnote
  4 30 to section 68B.2A to read, "Prohibited Outside Employment and
  4 31 Activities == Conflicts of Interest".
  4 32    3.  The Code editor shall consider modifying the headnote
  4 33 to section 68B.7 to read, "Prohibited Use of Influence".
  4 34                           EXPLANATION
  4 35    This bill relates to ethics regulations for the executive
  5  1 branch, legislative branch, and local officials and employees.
  5  2    The bill eliminates a general prohibition that any person
  5  3 who serves or is employed by the state or a political
  5  4 subdivision of the state shall not engage in any outside
  5  5 employment or activity which is in conflict with the person's
  5  6 official duties and responsibilities.  The bill identifies as
  5  7 prohibited outside employment or activities, certain outside
  5  8 employment and activities that are currently identified in the
  5  9 Code as examples of conflicts of interest.
  5 10    The bill eliminates a requirement that persons
  5 11 participating in undefined unacceptable conflicts of interest
  5 12 must take certain courses of action.  The bill provides that
  5 13 persons conducting activities or outside employment that are
  5 14 prohibited under rules adopted by the ethics and campaign
  5 15 disclosure board or under the senate or house codes of ethics
  5 16 must take certain courses of action.
  5 17    Currently, a person who has served as an official, state
  5 18 employee of a state agency, member of the general assembly, or
  5 19 legislative employee is prohibited within a period of two
  5 20 years after the termination of such service or employment from
  5 21 appearing before the agency or receiving compensation for any
  5 22 services rendered on behalf of any person, firm, corporation,
  5 23 or association in relation to any case, proceeding, or
  5 24 application with respect to which the person was directly
  5 25 concerned and personally participated during the period of
  5 26 service or employment.  The bill eliminates the prohibition
  5 27 against appearing before the agency.
  5 28    Currently, complaints regarding conduct of local officials
  5 29 or local employees which violates provisions included in Code
  5 30 chapter 68B are filed with the county attorney.  The bill
  5 31 provides that complaints alleging conduct of local officials
  5 32 or local employees which violates certain lobbying=related
  5 33 provisions of Code chapter 68B shall be filed with the ethics
  5 34 committee of the appropriate house of the general assembly if
  5 35 the conduct involves lobbying activities before the general
  6  1 assembly or with the ethics and campaign disclosure board if
  6  2 the conduct involves lobbying activities before the executive
  6  3 branch.
  6  4    The bill eliminates statutory filing deadlines for
  6  5 financial statements of candidates for statewide office and
  6  6 candidates for the general assembly.  Such deadlines could be
  6  7 included in rules adopted by the senate and house of
  6  8 representatives and by the ethics and campaign disclosure
  6  9 board.
  6 10    The bill includes Code editor directives for the
  6 11 reorganization of Code chapter 68B and the titling of Code
  6 12 sections in Code chapter 68B.
  6 13 LSB 1185XD 83
  6 14 tm/rj/14