HR 131 (LSB 6105YH (4) 84)

HOUSE RESOLUTION NO. 131

BY  M. SMITH

A Resolution amending the House Code of Ethics relating to the basis of an ethics complaint.

   BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, That Rule 12, paragraph a, of the House Code of Ethics, as adopted by the House of Representatives during the 2011 session in House Resolution 7, is amended to read as follows:
   a. Filing of complaint. Complaints may be filed by any person believing that a member or employee of the house, a lobbyist, or a client of a lobbyist is guilty of a violation
 
has violated a provision of the house code of ethics, the house
 
joint rules governing lobbyists, or chapter 68B of the Code, or has committed a crime of moral turpitude.

   BE IT FURTHER RESOLVED, That Rule 12, paragraph c, subparagraph (1), of the House Code of Ethics, as adopted by the House of Representatives during the 2011 session in House Resolution 7, is amended to read as follows:
   (1)  Facts, that if true, establish a violation of a provision of chapter 68B of the Code, the house code of ethics, or house
 
joint rules governing lobbyists for which penalties or other remedies are provided or the commission of a crime of moral turpitude.
   BE IT FURTHER RESOLVED, That Rule 12, paragraph f, unnumbered paragraph 1, of the House Code of Ethics, as adopted by the House of Representatives during the 2011 session in House Resolution 7, and amended by the House of Representatives during the 2012 session in House Resolution 110, is amended to read as follows:
   The committee chairperson and the ranking member shall review the complaint and supporting information to determine whether the complaint meets the requirements as to form. If the complaint is deficient as to form, the complaint shall be returned to the complainant with instructions indicating the deficiency. If the complaint is in writing, is sufficient as to form, and contains the appropriate certification, as soon as practicable, the chairperson shall call a meeting of the committee to review the complaint to determine whether the complaint meets the requirements for validity and whether the committee should take action on the complaint pursuant to paragraph “g” or whether the committee should request that the chief justice of the supreme court appoint an independent special counsel to conduct an investigation to determine whether probable cause exists to believe that a violation of the house code of ethics, house
 
joint rules governing lobbyists, or chapter 68B of the Code, or the commission of a crime of moral turpitude has occurred. The sufficiency as to form determination and the valid complaint requirements determination shall be based solely upon the original complaint and the response to the complaint. Additional documents or responses shall not be filed by the parties or otherwise considered by the committee prior to a validity determination. The committee shall not receive or consider oral testimony in support of or against a validity determination.
   BE IT FURTHER RESOLVED, That Rule 12, paragraph h, of the House Code of Ethics, as adopted by the House of Representatives during the 2011 session in House Resolution 7, is amended to read as follows:
   h. Request for appointment of independent special counsel. If, after review of the complaint and any response made by the party alleged to have committed the violation, the committee determines that the complaint meets the requirements for form and content and the committee has not taken action under paragraph “g”, the committee shall request that the chief justice of the supreme court appoint independent special counsel to investigate the matter and determine whether probable cause exists to believe that a violation of chapter 68B of the Code, the house code of ethics, or the house
 
joint rules governing lobbyists or the commission of a crime of moral turpitude has occurred.