House Resolution 131 - Introduced HOUSE RESOLUTION NO. 131 BY M. SMITH A Resolution amending the House Code of Ethics relating 1 to the basis of an ethics complaint. 2 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, That 3 Rule 12, paragraph a, of the House Code of Ethics, as 4 adopted by the House of Representatives during the 2011 5 session in House Resolution 7, is amended to read as 6 follows: 7 a. Filing of complaint. Complaints may be filed 8 by any person believing that a member or employee of 9 the house, a lobbyist, or a client of a lobbyist is 10 guilty of a violation has violated a provision of the 11 house code of ethics, the house joint rules governing 12 lobbyists, or chapter 68B of the Code , or has committed 13 a crime of moral turpitude . 14 BE IT FURTHER RESOLVED, That Rule 12, paragraph 15 c, subparagraph (1), of the House Code of Ethics, as 16 adopted by the House of Representatives during the 2011 17 session in House Resolution 7, is amended to read as 18 follows: 19 (1) Facts, that if true, establish a violation of 20 a provision of chapter 68B of the Code, the house code 21 of ethics, or house joint rules governing lobbyists for 22 which penalties or other remedies are provided or the 23 commission of a crime of moral turpitude . 24 BE IT FURTHER RESOLVED, That Rule 12, paragraph f, 25 unnumbered paragraph 1, of the House Code of Ethics, as 26 adopted by the House of Representatives during the 2011 27 session in House Resolution 7, and amended by the House 28 -1- LSB 6105YH (4) 84 tm/rj 1/ 3

H.R. 131 of Representatives during the 2012 session in House 1 Resolution 110, is amended to read as follows: 2 The committee chairperson and the ranking 3 member shall review the complaint and supporting 4 information to determine whether the complaint meets 5 the requirements as to form. If the complaint is 6 deficient as to form, the complaint shall be returned 7 to the complainant with instructions indicating 8 the deficiency. If the complaint is in writing, is 9 sufficient as to form, and contains the appropriate 10 certification, as soon as practicable, the chairperson 11 shall call a meeting of the committee to review the 12 complaint to determine whether the complaint meets the 13 requirements for validity and whether the committee 14 should take action on the complaint pursuant to 15 paragraph “g” or whether the committee should request 16 that the chief justice of the supreme court appoint an 17 independent special counsel to conduct an investigation 18 to determine whether probable cause exists to believe 19 that a violation of the house code of ethics, house 20 joint rules governing lobbyists, or chapter 68B of the 21 Code, or the commission of a crime of moral turpitude 22 has occurred. The sufficiency as to form determination 23 and the valid complaint requirements determination 24 shall be based solely upon the original complaint and 25 the response to the complaint. Additional documents 26 or responses shall not be filed by the parties or 27 otherwise considered by the committee prior to a 28 validity determination. The committee shall not 29 receive or consider oral testimony in support of or 30 -2- LSB 6105YH (4) 84 tm/rj 2/ 3

H.R. 131 against a validity determination. 1 BE IT FURTHER RESOLVED, That Rule 12, paragraph h, 2 of the House Code of Ethics, as adopted by the House 3 of Representatives during the 2011 session in House 4 Resolution 7, is amended to read as follows: 5 h. Request for appointment of independent special 6 counsel. If, after review of the complaint and any 7 response made by the party alleged to have committed 8 the violation, the committee determines that the 9 complaint meets the requirements for form and content 10 and the committee has not taken action under paragraph 11 “g”, the committee shall request that the chief justice 12 of the supreme court appoint independent special 13 counsel to investigate the matter and determine whether 14 probable cause exists to believe that a violation of 15 chapter 68B of the Code, the house code of ethics, 16 or the house joint rules governing lobbyists or the 17 commission of a crime of moral turpitude has occurred. 18 -3- LSB 6105YH (4) 84 tm/rj 3/ 3