HOUSE RESOLUTION NO. _____

BY  (PROPOSED COMMITTEE ON ETHICS RESOLUTION BY CHAIRPERSON KOESTER)

A Resolution amending the House Code of Ethics.

   BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, That Rule 8, as adopted by the House of Representatives during the 2011 Session in House Resolution 7, is amended to read as follows:
   8.  GIFTS ACCEPTED OR RECEIVED. Members and employees of the house shall comply with the restrictions relating to the receipt or acceptance of gifts contained in section 68B.22 of the Code.

The sponsor of a function under section 68B.22, subsection 4, paragraph “s”, shall electronically file a registration with the chief clerk of the house five days prior to the function disclosing the name of the sponsor, and the date, time, and location of the function. The sponsor shall also electronically file a report of expenditures as required pursuant to section 68B.22, subsection 4, paragraph “s”.

   BE IT FURTHER RESOLVED, That Rule 12, paragraphs d and e, as adopted by the House of Representatives during the 2011 Session in House Resolution 7, are amended to read as follows:
   d.  Confidentiality of complaint. The identity of the parties and the contents of the complaint shall be confidential until the time that the committee meets to determine whether the complaint is valid
 
chairperson and ranking member determine under paragraph “f” that the complaint is sufficient as to form, unless either the complainant or the party charged in the complaint makes the identity of the parties, or the information contained in, the complaint, public. However, if either the complainant or party alleged to have committed the violation requests that the meeting to determine whether the complaint is valid be a closed meeting and the identity of the parties or the contents of the complaint have not been disclosed, the meeting shall be closed.

The chief clerk of the house and the committee chairperson and ranking member may communicate confidentially with appropriate legislative staff during any stage of the complaint process.
   e.  Notice of complaint. Upon receipt of the complaint, the chief clerk of the house shall promptly notify the chairperson and ranking member of the ethics committee that a complaint has been filed and provide both the chairperson and the ranking member with copies of the complaint and any supporting information. Within two working days, the chief clerk shall send notice, either by personal delivery or by certified mail, return receipt requested, to the person or persons alleged to have committed the violation, along with a copy of the complaint and any supporting information. The notice to the accused person shall contain a request that the person submit a written response to the complaint within ten working days of the date that the notice was sent by the chief clerk. At the request of the accused person, the committee may extend the time for the response, not to exceed ten additional calendar days. A response to a complaint shall not be confidential.
   BE IT FURTHER RESOLVED, That Rule 12, paragraph f, unnumbered paragraph 1, as adopted by the House of Representatives during the 2011 Session in House Resolution 7, 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 unless the committee decides to proceed on its own motion. 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 rules governing lobbyists, or chapter 68B of the Code, 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.