Senate Study Bill 3006 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED ETHICS AND CAMPAIGN DISCLOSURE BOARD BILL) A BILL FOR An Act relating to ethics regulations for the executive branch, 1 legislative branch, and local officials and employees. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5304XD (12) 83 tm/rj

S.F. _____ H.F. _____ Section 1. Section 17A.2, subsection 11, Code 2009, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . 1. An advisory opinion of the Iowa ethics 3 and campaign disclosure board. 4 Sec. 2. Section 68B.3, subsection 1, Code 2009, is amended 5 to read as follows: 6 1. An Except as part of official state duties, an official, 7 a state employee, a member of the general assembly, or a 8 legislative employee shall not sell, in any one occurrence, 9 any goods or services having a value in excess of two thousand 10 dollars to any state agency unless the sale is made pursuant to 11 an award or contract let after public notice and competitive 12 bidding. 13 Sec. 3. Section 68B.3, Code 2009, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 5. Except when performing official state 16 duties, an official or a state employee making a permissible 17 sale under this section shall file a report with the board 18 within twenty days of making the sale. The report shall 19 include but not be limited to the parties to the sale, the date 20 of the sale, the total amount of the sale, and the type of goods 21 or services being sold. 22 Sec. 4. Section 68B.32A, subsections 5 and 9, Code 23 Supplement 2009, are amended to read as follows: 24 5. Receive and file registration all registrations and 25 reports from lobbyists of the executive branch of state 26 government, client disclosure from clients of lobbyists of 27 the executive branch of state government, personal financial 28 disclosure information from officials and employees in the 29 executive branch of state government who are required to file 30 personal financial disclosure information under that are 31 required to be filed with the board under this chapter , and 32 gift and bequest disclosure information pursuant to or section 33 8.7. The board, upon its own motion, may initiate 34 action , and conduct a hearing hearings, impose sanctions, 35 -1- LSB 5304XD (12) 83 tm/rj 1/ 3

S.F. _____ H.F. _____ and order administrative resolutions relating to reporting 1 requirements under this chapter or section 8.7. 2 9. Establish and impose penalties, and recommendations 3 for punishment of persons who are subject to penalties of or 4 punishment by the board or by other bodies, for the failure to 5 comply with the requirements of this chapter, chapter 68A, or 6 section 8.7. Unless the imposition of the penalty is waived 7 by the board or is otherwise reversed on judicial review, the 8 board shall receive and retain ten percent of any civil penalty 9 imposed by the board which shall be considered repayment 10 receipts as defined in section 8.2. 11 Sec. 5. Section 68B.32A, Code Supplement 2009, is amended by 12 adding the following new subsection: 13 NEW SUBSECTION . 19. Impose penalties upon, or refer matters 14 relating to, persons who provide false information to the board 15 during a board investigation of a potential violation of this 16 chapter, chapter 68A, section 8.7, or rules of the board. The 17 board shall adopt rules to administer this subsection. 18 EXPLANATION 19 This bill relates to ethics regulations for the executive 20 branch, legislative branch, and local officials and employees. 21 The bill adds an opinion of the ethics and campaign 22 disclosure board to the list of exceptions that are not 23 considered an administrative rule under the definition of 24 “rule” as defined in Code chapter 17A. 25 Currently, there are restrictions on the ability of an 26 official, a state employee, a member of the general assembly, 27 or a legislative employee to sell goods or services of a 28 certain value to any state agency unless the sale is made 29 pursuant to an award or contract let after public notice and 30 competitive bidding. The bill provides that an official, 31 a state employee, a member of the general assembly, or a 32 legislative employee may sell such goods or services if the 33 sale is conducted as part of the official duties of the person. 34 The bill also provides that an official or an employee of the 35 -2- LSB 5304XD (12) 83 tm/rj 2/ 3

S.F. _____ H.F. _____ executive branch making such a sale shall file a report with 1 the ethics and campaign disclosure board within 20 days of 2 making the sale. 3 The bill provides that the ethics and campaign disclosure 4 board shall receive all registrations and reports required to 5 be filed with the board under Code chapter 68B and Code section 6 8.7. The bill provides that the board, under its own motion, 7 may initiate action, conduct hearings, impose sanctions, 8 and order administrative resolutions relating to reporting 9 requirements. 10 The bill provides that the ethics and campaign disclosure 11 board may receive and retain 10 percent of any civil penalty 12 imposed by the board which shall be considered repayment 13 receipts. 14 The bill allows the ethics and campaign disclosure board to 15 impose penalties upon, or refer matters relating to, persons 16 who provide false information to the board during a board 17 investigation of a potential violation. The board is given 18 rulemaking authority to administer this penalty provision. 19 -3- LSB 5304XD (12) 83 tm/rj 3/ 3