Senate
Study
Bill
1002
-
Introduced
SENATE
RESOLUTION
NO.
_____
BY
(PROPOSED
COMMITTEE
ON
ETHICS
RESOLUTION
BY
CHAIRPERSON
KIBBIE)
A
Resolution
relating
to
the
Senate
Code
of
Ethics
1
governing
the
conduct
of
members
of
the
Senate
in
2
relation
to
their
senatorial
duties
during
the
3
Eighty-fourth
General
Assembly.
4
BE
IT
RESOLVED
BY
THE
SENATE,
That
the
Senate
Code
5
of
Ethics
for
the
Eighty-third
Eighty-fourth
General
6
Assembly
shall
be
amended
to
read
as
follows:
7
SENATE
CODE
OF
ETHICS
8
PREAMBLE.
Every
legislator
owes
a
duty
to
uphold
9
the
integrity
and
honor
of
the
general
assembly,
to
10
encourage
respect
for
the
law
and
for
the
general
11
assembly
and
the
members
thereof,
and
to
observe
the
12
legislative
code
of
ethics.
13
In
doing
so,
members
of
the
senate
have
a
duty
14
to
conduct
themselves
so
as
to
reflect
credit
on
15
the
general
assembly,
and
to
inspire
the
confidence,
16
respect,
and
trust
of
the
public,
and
to
strive
to
17
avoid
both
unethical
and
illegal
conduct
and
the
18
appearance
of
unethical
and
illegal
conduct.
19
Recognizing
that
service
in
the
Iowa
general
20
assembly
is
a
part-time
endeavor
and
that
members
of
21
the
general
assembly
are
honorable
individuals
who
22
are
active
in
the
affairs
of
their
localities
and
23
elsewhere
and
that
it
is
necessary
that
they
maintain
24
a
livelihood
and
source
of
income
apart
from
their
25
legislative
compensation,
the
following
rules
are
26
adopted
pursuant
to
section
68B.31,
to
assist
the
27
-1-
LSB
1354SC
(9)
84
tm/rj
1/
24
S.R.
_____
members
in
the
conduct
of
their
legislative
affairs.
1
1.
ECONOMIC
INTEREST
OF
SENATOR.
Taking
into
2
account
that
legislative
service
is
part-time,
a
3
senator
shall
not
accept
economic
or
investment
4
opportunity,
under
circumstances
where
the
senator
5
knows,
or
should
know,
that
there
is
a
reasonable
6
possibility
that
the
opportunity
is
being
afforded
the
7
senator
with
intent
to
influence
the
senator’s
conduct
8
in
the
performance
of
official
duties.
9
2.
DIVESTITURE.
Where
a
senator
learns
that
10
an
economic
or
investment
opportunity
previously
11
accepted
was
offered
with
the
intent
of
influencing
12
the
senator’s
conduct
in
the
performance
of
official
13
duties,
the
senator
shall
take
steps
to
divest
that
14
senator
of
that
investment
or
economic
opportunity,
and
15
shall
report
the
facts
of
the
situation
to
the
senate
16
ethics
committee.
17
3.
CHARGES
FOR
SERVICES.
A
senator
shall
not
18
charge
to
or
accept
from
a
person,
corporation,
19
partnership,
or
association
known
to
have
a
legislative
20
interest
a
price,
fee,
compensation,
or
other
21
consideration
for
the
sale
or
lease
of
any
property
or
22
the
furnishing
of
services
which
is
in
excess
of
that
23
which
the
senator
would
charge
another.
24
4.
USE
OF
CONFIDENTIAL
INFORMATION.
A
senator
in
25
order
to
further
the
senator’s
own
economic
or
other
26
interests,
or
those
of
any
other
person,
shall
not
27
disclose
or
use
confidential
information
acquired
in
28
the
course
of
official
duties.
29
5.
HONORARIA.
A
senator
shall
not
accept
an
30
-2-
LSB
1354SC
(9)
84
tm/rj
2/
24
S.R.
_____
honorarium
from
a
restricted
donor
for
a
speech,
1
writing
for
publication,
or
other
similar
activity,
2
except
as
otherwise
provided
in
section
68B.23.
3
6.
EMPLOYMENT.
A
senator
shall
not
accept
4
employment,
either
directly
or
indirectly,
from
a
5
political
action
committee.
A
senator
may
accept
6
employment
from
a
political
party,
but
shall
disclose
7
the
employment
relationship
in
writing
to
the
secretary
8
of
the
senate
within
ten
days
after
the
beginning
9
of
each
legislative
session.
If
a
senator
accepts
10
employment
from
a
political
party
during
a
legislative
11
session,
the
senator
shall
disclose
the
employment
12
relationship
within
ten
days
after
acceptance
of
the
13
employment.
14
For
the
purpose
of
this
rule,
a
political
action
15
committee
means
a
committee,
but
not
a
candidate’s
16
committee,
which
accepts
contributions,
makes
17
expenditures,
or
incurs
indebtedness
in
the
aggregate
18
of
more
than
seven
hundred
fifty
dollars
in
any
one
19
calendar
year
to
expressly
advocate
the
nomination,
20
election,
or
defeat
of
a
candidate
for
public
office
21
or
to
expressly
advocate
the
passage
or
defeat
of
22
a
ballot
issue
or
influencing
legislative
action,
23
or
an
association,
lodge,
society,
cooperative,
24
union,
fraternity,
sorority,
educational
institution,
25
civic
organization,
labor
organization,
religious
26
organization,
or
professional
organization
which
makes
27
contributions
in
the
aggregate
of
more
than
seven
28
hundred
fifty
dollars
in
any
one
calendar
year
to
29
expressly
advocate
the
nomination,
election,
or
defeat
30
-3-
LSB
1354SC
(9)
84
tm/rj
3/
24
S.R.
_____
of
a
candidate
for
public
office
or
ballot
issue
or
1
influencing
legislative
action.
2
7.
ECONOMIC
INTERESTS
OF
LOBBYIST.
With
the
3
exception
of
exercising
unfettered
discretion
in
4
supporting
or
refusing
to
support
proposed
legislation,
5
a
senator
shall
not
take
action
intended
to
affect
the
6
economic
interests
of
a
lobbyist
or
citizen
supporting
7
or
opposing
proposed
legislation.
8
8.
APPEARANCE
BEFORE
GOVERNMENTAL
AGENCY.
A
9
senator
may
appear
before
a
governmental
agency
or
10
board
in
any
representation
case,
except
that
the
11
senator
shall
not
act
as
a
lobbyist.
Whenever
a
12
senator
appears
before
a
governmental
agency
or
board,
13
the
senator
shall
carefully
avoid
all
conduct
which
14
might
in
any
way
lead
members
of
the
general
public
15
to
conclude
that
the
senator
is
using
the
senator’s
16
official
position
to
further
the
senator’s
professional
17
success
or
personal
financial
interest.
18
9.
CONFLICTS
OF
INTERESTS.
In
order
to
permit
the
19
general
assembly
to
function
effectively,
a
senator
20
will
sometimes
be
required
to
vote
on
bills
and
21
participate
in
committee
work
which
will
affect
the
22
senator’s
employment
and
other
monetary
interests.
In
23
making
a
decision
relative
to
the
senator’s
activity
on
24
given
bills
or
committee
work
which
are
subject
to
the
25
code,
the
following
factors
shall
be
considered:
26
a.
Whether
a
substantial
threat
to
the
senator’s
27
independence
of
judgment
has
been
created
by
the
28
conflict
situation.
29
b.
The
effect
of
the
senator’s
participation
on
30
-4-
LSB
1354SC
(9)
84
tm/rj
4/
24
S.R.
_____
public
confidence
in
the
integrity
of
the
legislature.
1
c.
The
need
for
the
senator’s
particular
2
contribution,
such
as
special
knowledge
of
the
3
subject
matter,
to
the
effective
functioning
of
the
4
legislature.
5
A
senator
with
a
conflict
of
interest
may
6
participate
in
floor
debate
if
prior
to
debate
the
7
senator
indicates
the
conflict
of
interest.
8
10.
GIFTS.
Except
as
otherwise
provided
in
section
9
68B.22,
a
senator,
or
that
person’s
immediate
family
10
member,
shall
not,
directly
or
indirectly,
accept
or
11
receive
any
gift
or
series
of
gifts
from
a
restricted
12
donor.
13
11.
DISCLOSURE
REQUIRED.
Each
senator
shall
file
14
with
the
secretary
of
the
senate
within
ten
days
after
15
the
adoption
of
the
code
of
ethics
by
the
senate,
and
16
within
ten
days
after
the
convening
of
the
second
17
session
of
the
general
assembly,
a
statement
under
18
section
68B.35
on
forms
provided
by
the
secretary
of
19
the
senate
setting
forth
the
following
information:
20
The
nature
of
each
business
in
which
the
senator
21
is
engaged
and
the
nature
of
the
business
of
each
22
company
in
which
the
senator
has
a
financial
interest.
23
A
senator
shall
not
be
required
to
file
a
report
or
24
be
assumed
to
have
a
financial
interest
if
the
annual
25
income
derived
from
the
investment
in
stocks,
bonds,
26
bills,
notes,
mortgages,
or
other
securities
offered
27
for
sale
through
recognized
financial
brokers
is
less
28
than
one
thousand
dollars.
29
Disclosures
required
under
this
rule
shall
be
as
30
-5-
LSB
1354SC
(9)
84
tm/rj
5/
24
S.R.
_____
of
the
date
filed
unless
provided
to
the
contrary,
1
and
shall
be
amended
to
include
interests
and
changes
2
encompassed
by
this
rule
that
occur
while
the
general
3
assembly
is
in
session.
All
filings
under
this
rule
4
shall
be
open
to
public
inspection
in
the
office
of
the
5
secretary
of
the
senate
at
all
reasonable
times.
6
The
secretary
of
the
senate
shall
inform
the
7
ethics
committee
of
the
statements
which
are
filed
8
and
shall
report
to
the
ethics
committee
the
names
of
9
any
senators
who
appear
not
to
have
filed
complete
10
statements.
The
chairperson
of
the
ethics
committee
11
shall
request
in
writing
that
a
senator
who
has
failed
12
to
complete
the
report
or
appears
to
have
filed
an
13
incomplete
report
do
so
within
five
days,
and,
upon
14
the
failure
of
the
senator
to
comply,
the
ethics
15
committee
shall
require
the
senator
to
appear
before
16
the
committee.
17
12.
STATUTORY
VIOLATIONS.
Members
of
the
general
18
assembly
are
urged
to
familiarize
themselves
with
19
chapters
68B,
721,
and
722.
20
13.
CHARGE
ACCOUNTS.
Senators
shall
not
charge
any
21
amount
or
item
to
any
charge
account
to
be
paid
for
by
22
any
lobbyist
or
any
client
the
lobbyist
represents.
23
14.
TRAVEL
EXPENSES.
A
senator
shall
not
charge
24
to
the
state
of
Iowa
amounts
for
travel
and
expenses
25
unless
the
senator
actually
has
incurred
those
mileage
26
and
expense
costs.
Senators
shall
not
file
the
27
vouchers
for
weekly
mileage
reimbursement
required
28
by
section
2.10,
subsection
1,
unless
the
travel
29
was
actually
incurred
at
commensurate
expense
to
the
30
-6-
LSB
1354SC
(9)
84
tm/rj
6/
24
S.R.
_____
senator.
1
15.
COMPLAINTS.
Complaints
or
charges
against
2
any
senator
or
any
lobbyist
shall
be
in
writing,
3
made
under
oath,
and
filed
with
the
secretary
of
the
4
senate
or
the
chairperson
of
the
ethics
committee.
If
5
filed
with
the
secretary
of
the
senate,
the
secretary
6
shall
immediately
advise
the
chairperson
of
the
ethics
7
committee
of
the
receipt
of
the
complaint.
8
Complaint
forms
shall
be
available
from
the
9
secretary
of
the
senate,
or
the
chairperson
of
the
10
ethics
committee,
but
a
complaint
shall
not
be
rejected
11
for
failure
to
use
an
approved
form
if
the
complaint
12
substantially
complies
with
senate
requirements.
13
A
complainant
may
submit
exhibits
and
affidavits
14
attached
to
the
complaint.
15
16.
FILING
OF
COMPLAINTS.
16
a.
Persons
entitled.
Complaints
may
be
filed
by
17
any
person
believing
that
a
senator
or
,
lobbyist
,
or
18
client
of
a
lobbyist
has
violated
the
senate
ethics
19
code,
the
senate
rules
governing
lobbyists,
or
chapter
20
68B
of
the
Iowa
Code.
A
violation
of
the
criminal
21
law
may
be
considered
to
be
a
violation
of
this
code
22
of
ethics
if
the
violation
constitutes
a
serious
23
misdemeanor
or
greater,
or
a
repetitive
and
flagrant
24
violation
of
the
law.
25
b.
Committee
complaint.
The
ethics
committee
26
may,
upon
its
own
motion,
initiate
a
complaint,
27
investigation,
or
disciplinary
action.
28
c.
Timeliness
of
filing.
A
complaint
will
be
29
considered
to
be
timely
filed
if
it
is
filed
within
30
-7-
LSB
1354SC
(9)
84
tm/rj
7/
24
S.R.
_____
three
years
of
the
occurrence
of
the
alleged
violation
1
of
the
ethics
code.
2
17.
PERMANENT
RECORD.
The
secretary
of
the
senate
3
shall
maintain
a
permanent
record
of
all
complaints
4
filed,
evidence
received
by
the
committee,
and
any
5
transcripts
or
other
recordings
made
of
committee
6
proceedings,
including
a
separate
card
file
containing
7
the
date
filed,
name
and
address
of
the
complainant,
8
name
and
address
of
the
respondent,
a
brief
statement
9
of
the
charges
made,
and
ultimate
disposition
of
10
the
complaint.
The
secretary
shall
keep
each
such
11
complaint
confidential
until
public
disclosure
is
made
12
by
the
ethics
committee.
13
18.
PREHEARING
PROCEDURE.
14
a.
Defective
complaint.
Upon
receipt
of
a
15
complaint,
the
chairperson
and
ranking
member
of
the
16
ethics
committee
shall
determine
whether
the
complaint
17
substantially
complies
with
the
requirements
of
this
18
code
of
ethics
and
section
68B.31,
subsection
6.
If
19
the
complaint
does
not
substantially
comply
with
20
the
requirements
for
formal
sufficiency
under
the
21
code
of
ethics,
the
complaint
may
be
returned
to
the
22
complainant
with
a
statement
that
the
complaint
is
not
23
in
compliance
with
the
code
and
a
copy
of
the
code.
If
24
the
complainant
fails
to
amend
the
complaint
to
comply
25
with
the
code
within
a
reasonable
time,
the
chair
and
26
ranking
member
may
dismiss
the
complaint
with
prejudice
27
for
failure
to
prosecute.
28
b.
Service
of
complaint
on
respondent.
Upon
29
receipt
of
any
complaint
substantially
complying
30
-8-
LSB
1354SC
(9)
84
tm/rj
8/
24
S.R.
_____
with
the
requirements
of
this
code
of
ethics,
the
1
chairperson
of
the
ethics
committee
shall
cause
a
copy
2
of
the
complaint
and
any
supporting
information
to
3
be
delivered
promptly
to
the
respondent,
requesting
4
a
written
response
to
be
filed
within
ten
days.
The
5
response
may
do
any
of
the
following:
6
(1)
Admit
or
deny
the
allegation
or
allegations.
7
(2)
Object
that
the
allegation
fails
to
allege
a
8
violation
of
chapter
68B
or
the
code
of
ethics.
9
(3)
Object
to
the
jurisdiction
of
the
committee.
10
(4)
Request
a
more
specific
statement
of
the
11
allegation
or
allegations.
12
c.
Objection
to
member.
In
addition
to
the
13
items
which
may
be
included
in
a
response
pursuant
14
to
paragraph
“b”,
the
response
may
also
include
an
15
objection
to
the
participation
of
any
member
of
the
16
committee
in
the
consideration
of
the
allegation
or
17
allegations
on
the
grounds
that
the
member
cannot
18
render
an
impartial
and
unbiased
decision.
19
d.
Extension
of
time.
At
the
request
of
the
20
respondent
and
upon
a
showing
of
good
cause,
the
21
committee,
or
the
chairperson
and
ranking
member,
22
may
extend
the
time
for
response,
not
to
exceed
ten
23
additional
days.
24
e.
Confidentiality.
If
a
complaint
is
not
25
otherwise
made
public,
the
members
of
the
committee
26
shall
treat
the
complaint
and
all
supporting
27
information
as
confidential
until
the
written
response
28
is
received
from
the
respondent.
29
f.
Communications
with
ethics
committee.
After
a
30
-9-
LSB
1354SC
(9)
84
tm/rj
9/
24
S.R.
_____
complaint
has
been
filed
or
an
investigation
has
been
1
initiated,
a
party
to
the
complaint
or
investigation
2
shall
not
communicate,
or
cause
another
to
communicate,
3
as
to
the
merits
of
the
complaint
or
investigation
with
4
a
member
of
the
committee,
except
under
the
following
5
circumstances:
6
(1)
During
the
course
of
any
meetings
or
other
7
official
proceedings
of
the
committee
regarding
the
8
complaint
or
investigation.
9
(2)
In
writing,
if
a
copy
of
the
writing
is
10
delivered
to
the
adverse
party
or
the
designated
11
representative
for
the
adverse
party.
12
(3)
Orally,
if
adequate
prior
notice
of
the
13
communication
is
given
to
the
adverse
party
or
the
14
designated
representative
for
the
adverse
party.
15
(4)
As
otherwise
authorized
by
statute,
the
senate
16
code
of
ethics,
the
senate
rules
governing
lobbyists,
17
or
vote
of
the
committee.
18
g.
Scheduling
hearing.
Upon
receipt
of
the
19
response,
the
committee
shall
schedule
a
public
meeting
20
to
review
the
complaint
and
available
information,
and
21
shall
do
one
of
the
following
:
22
(1)
Notify
the
complainant
that
no
further
23
action
will
be
taken,
unless
further
substantiating
24
information
is
produced
,
or
.
25
(2)
Dismiss
the
complaint
for
failure
to
meet
the
26
statutory
and
code
of
ethics
requirements
for
valid
27
complaints
,
or
.
28
(3)
Take
action
on
the
complaint
without
requesting
29
the
appointment
of
an
independent
special
counsel
30
-10-
LSB
1354SC
(9)
84
tm/rj
10/
24
S.R.
_____
if
the
committee
determines
the
complaint
is
valid
1
and
determines
no
dispute
exists
between
the
parties
2
regarding
the
material
facts
that
establish
a
3
violation.
The
committee
may
do
any
of
the
following:
4
(a)
Issue
an
admonishment
to
advise
against
the
5
conduct
that
formed
the
basis
for
the
complaint
and
to
6
exercise
care
in
the
future.
7
(b)
Issue
an
order
to
cease
and
desist
the
conduct
8
that
formed
the
basis
for
the
complaint.
9
(c)
Make
a
recommendation
to
the
senate
that
10
the
person
subject
to
the
complaint
be
censured
or
11
reprimanded.
12
(3)
(4)
Request
that
the
chief
justice
of
the
13
supreme
court
appoint
an
independent
special
counsel
14
to
conduct
an
investigation
of
the
complaint
and
15
supporting
information,
to
make
a
determination
of
16
probable
cause,
and
to
report
the
findings
to
the
17
committee,
which
shall
be
received
within
a
reasonable
18
time.
19
h.
Public
hearing.
If
independent
special
counsel
20
is
appointed,
upon
receipt
of
the
report
of
independent
21
special
counsel’s
findings,
the
committee
shall
22
schedule
a
public
meeting
to
review
the
report
and
23
shall
do
either
of
the
following:
24
(1)
Cause
the
complaint
to
be
scheduled
for
a
25
public
hearing.
26
(2)
Dismiss
the
complaint
based
upon
a
27
determination
by
independent
special
counsel
and
the
28
committee
that
insufficient
evidence
exists
to
support
29
a
finding
of
probable
cause.
30
-11-
LSB
1354SC
(9)
84
tm/rj
11/
24
S.R.
_____
19.
HEARING
PROCEDURE.
1
a.
Notice
of
hearing.
If
the
committee
causes
2
a
complaint
to
be
scheduled
for
a
public
hearing,
3
notice
of
the
hearing
date
and
time
shall
be
given
to
4
the
complainant
and
respondent
in
writing,
and
of
the
5
respondent’s
right
to
appear
in
person,
be
represented
6
by
legal
counsel,
present
statements
and
evidence,
and
7
examine
and
cross-examine
witnesses.
The
committee
8
shall
not
be
bound
by
formal
rules
of
evidence,
but
9
shall
receive
relevant
evidence,
subject
to
limitations
10
on
repetitiveness.
Any
evidence
taken
shall
be
under
11
oath.
12
b.
Subpoena
power.
The
committee
may
require,
by
13
subpoena
or
otherwise,
the
attendance
and
testimony
of
14
witnesses
and
the
production
of
such
books,
records,
15
correspondence,
memoranda,
papers,
documents,
and
any
16
other
things
it
deems
necessary
to
the
conduct
of
the
17
inquiry.
18
c.
Ex
post
facto.
An
investigation
shall
not
be
19
undertaken
by
the
committee
of
a
violation
of
a
law,
20
rule,
or
standard
of
conduct
that
is
not
in
effect
at
21
the
time
of
violation.
22
d.
Disqualification
of
member.
Members
of
the
23
committee
may
disqualify
themselves
from
participating
24
in
any
investigation
of
the
conduct
of
another
person
25
upon
submission
of
a
written
statement
that
the
member
26
cannot
render
an
impartial
and
unbiased
decision
27
in
a
case.
A
member
may
also
be
disqualified
by
a
28
unanimous
vote
of
the
remaining
eligible
members
of
the
29
committee.
30
-12-
LSB
1354SC
(9)
84
tm/rj
12/
24
S.R.
_____
A
member
of
the
committee
is
ineligible
to
1
participate
in
committee
meetings,
as
a
member
of
the
2
committee,
in
any
proceeding
relating
to
the
member’s
3
own
official
conduct.
4
If
a
member
of
the
committee
is
disqualified
or
5
ineligible
to
act,
the
majority
or
minority
leader
who
6
appointed
the
member
shall
appoint
a
replacement
member
7
to
serve
as
a
member
of
the
committee
during
the
period
8
of
disqualification
or
ineligibility.
9
e.
Hearing.
At
the
hearing,
the
chairperson
shall
10
open
the
hearing
by
stating
the
charges,
the
purpose
of
11
the
hearing,
and
its
scope.
The
burden
of
proof
rests
12
upon
the
complainant
to
establish
the
facts
as
alleged,
13
by
clear
and
convincing
evidence.
However,
questioning
14
of
witnesses
shall
be
conducted
by
the
members
of
the
15
committee,
by
independent
special
counsel,
or
by
a
16
senator.
The
chairperson
shall
also
permit
questioning
17
by
legal
counsel
representing
the
complainant
or
18
respondent.
19
The
chairperson
or
other
member
of
the
committee
20
presiding
at
a
hearing
shall
rule
upon
procedural
21
questions
or
any
question
of
admissibility
of
evidence
22
presented
to
the
committee.
Rulings
may
be
reversed
by
23
a
majority
vote
of
the
committee
members
present.
24
The
committee
may
continue
the
hearing
to
a
future
25
date
if
necessary
for
appropriate
reasons
or
purposes.
26
f.
Committee
action.
Upon
receipt
of
all
relevant
27
evidence
and
arguments,
the
committee
shall
consider
28
the
same
and
recommend
to
the
senate
any
of
the
29
following
:
30
-13-
LSB
1354SC
(9)
84
tm/rj
13/
24
S.R.
_____
(1)
That
the
complaint
be
dismissed
,
or
.
1
(2)
That
the
senator
or
lobbyist
be
censured
or
2
reprimanded,
and
recommend
the
appropriate
form
of
3
censure
or
reprimand
,
or
.
4
(3)
Any
other
appropriate
sanction,
including
5
suspension
or
expulsion
from
membership
in
the
senate,
6
or
suspension
of
lobbying
privileges.
7
g.
Disposition
resolution.
By
appropriate
8
resolution,
the
senate
may
amend,
adopt,
or
reject
9
the
report
of
the
ethics
committee,
including
the
10
committee’s
recommendations
regarding
disciplinary
11
action.
12
20.
COMMITTEE
AUTHORIZED
TO
MEET.
The
senate
13
ethics
committee
is
authorized
to
meet
at
the
14
discretion
of
the
chairperson
to
conduct
hearings
and
15
other
business
that
properly
may
come
before
it.
If
16
the
committee
submits
a
report
seeking
senate
action
17
against
a
senator
or
lobbyist
after
the
second
regular
18
session
of
a
general
assembly
has
adjourned
sine
die,
19
the
report
shall
be
submitted
to
and
considered
by
20
the
subsequent
general
assembly.
However,
the
report
21
may
be
submitted
to
and
considered
during
any
special
22
session
which
may
take
place
after
the
second
regular
23
session
of
a
general
assembly
has
adjourned
sine
die,
24
but
before
the
convening
of
the
next
general
assembly.
25
21.
ADVISORY
OPINIONS.
26
a.
Requests
for
formal
opinions.
A
request
for
a
27
formal
advisory
opinion
may
be
filed
by
any
person
who
28
is
subject
to
the
authority
of
the
ethics
committee.
29
The
ethics
committee
may
also
issue
a
formal
advisory
30
-14-
LSB
1354SC
(9)
84
tm/rj
14/
24
S.R.
_____
opinion
on
its
own
motion,
without
having
previously
1
received
a
formal
request
for
an
opinion,
on
any
issue
2
that
is
within
the
jurisdiction
of
the
committee.
3
Requests
shall
be
filed
with
either
the
secretary
of
4
the
senate
or
the
chairperson
of
the
ethics
committee.
5
b.
Form
and
contents
of
requests.
A
request
for
6
a
formal
advisory
opinion
shall
be
in
writing
and
7
may
pertain
to
any
subject
matter
that
is
related
to
8
the
application
of
the
senate
code
of
ethics,
the
9
senate
rules
governing
lobbyists,
or
chapter
68B
of
10
the
Code
to
any
person
who
is
subject
to
the
authority
11
of
the
ethics
committee.
Requests
shall
contain
one
12
or
more
specific
questions
and
shall
relate
either
to
13
future
conduct
or
be
stated
in
the
hypothetical.
A
14
request
for
an
advisory
opinion
shall
not
specifically
15
name
any
individual
or
contain
any
other
specific
16
identifying
information,
unless
the
request
relates
17
to
the
requester’s
own
conduct.
However,
any
request
18
may
contain
information
which
identifies
the
kind
of
19
individual
who
may
be
affected
by
the
subject
matter
20
of
the
request.
Examples
of
this
latter
kind
of
21
identifying
information
may
include
references
to
22
conduct
of
a
category
of
individuals,
such
as
but
not
23
limited
to
conduct
of
legislators,
legislative
staff,
24
or
lobbyists
,
or
clients
of
lobbyists
.
25
c.
Confidentiality
of
formal
requests
and
opinions.
26
Requests
for
formal
opinions
are
not
confidential
and
27
any
deliberations
of
the
committee
regarding
a
request
28
for
a
formal
opinion
shall
be
public.
Opinions
issued
29
in
response
to
requests
for
formal
opinions
are
not
30
-15-
LSB
1354SC
(9)
84
tm/rj
15/
24
S.R.
_____
confidential,
shall
be
in
writing,
and
shall
be
placed
1
on
file
in
the
office
of
the
secretary
of
the
senate.
2
Persons
requesting
formal
opinions
shall
personally
3
receive
a
copy
of
the
written
formal
opinion
that
is
4
issued
in
response
to
the
request.
5
22.
CALCULATION
OF
TIME
——
DAYS.
For
purposes
of
6
these
rules,
unless
the
context
otherwise
requires,
7
the
word
“day”
or
“days”
shall
mean
a
calendar
day
8
except
that
if
the
day
is
the
last
day
of
a
specific
9
time
period
and
falls
upon
a
Saturday,
Sunday,
or
legal
10
holiday,
the
time
prescribed
shall
be
extended
so
as
to
11
include
the
whole
of
the
next
day
in
which
the
offices
12
of
the
senate
and
the
general
assembly
are
open
for
13
official
business.
14
23.
COMPLAINT
FILING
FORM.
The
following
form
15
shall
be
used
to
file
a
complaint
under
these
rules:
16
THE
SENATE
17
Ethics
Complaint
Form
18
Re:
______________________________
(Senator/Lobbyist),
19
of
_____________________,
Iowa.
20
I,
________________________
(Complainant),
residing
21
at
____________________,
in
the
City
of
______________,
22
State
of
________________________,
hereby
complain
that
23
_____________________________
(Senator/Lobbyist),
whose
24
address
is
___________________________________________,
25
has
violated
the
Senate
Code
of
Ethics
or
Senate
Rules
26
Governing
Lobbyists
in
that:
27
(Explain
the
basis
for
the
complaint
here.
Use
28
additional
pages,
if
necessary.)
29
Under
penalty
of
perjury,
I
certify
that
the
above
30
-16-
LSB
1354SC
(9)
84
tm/rj
16/
24
S.R.
_____
complaint
is
true
and
correct
as
I
verily
believe.
1
___________________________
2
Signature
of
Complainant
3
SUBSCRIBED
AND
AFFIRMED
to
before
me
this
__________
4
day
of
________________________,
_______.
5
________________________________
6
Notary
Public
in
and
for
the
7
State
of
______________________
8
24.
COMPLAINT
NOTICE
FORM.
The
following
form
9
shall
be
used
for
notice
of
a
complaint
under
these
10
rules:
11
STATE
OF
IOWA
12
THE
SENATE
13
COMMITTEE
ON
ETHICS
)
14
IOWA
STATE
SENATE
)
15
)
16
On
The
Complaint
Of
)
NOTICE
OF
COMPLAINT
17
)
18
___________________________
)
19
)
20
And
Involving
)
21
)
22
___________________________
)
23
)
24
TO
________________________________,
25
Senator
or
Lobbyist
named
above:
26
You
are
hereby
notified
that
there
is
now
on
file
27
with
the
Secretary
of
the
Senate,
State
Capitol,
Des
28
Moines,
Iowa,
a
complaint
which
alleges
that
you
have
29
committed
a
violation
of
the
Senate’s
Code
of
Ethics
or
30
-17-
LSB
1354SC
(9)
84
tm/rj
17/
24
S.R.
_____
Senate
Rules
Governing
Lobbyists.
1
A
copy
of
the
complaint
and
the
Senate
rules
for
2
processing
the
same
are
attached
hereto
and
made
a
part
3
of
this
notice.
4
You
are
further
notified
and
requested
to
file
your
5
written
answer
to
the
complaint
within
ten
days
of
the
6
date
upon
which
the
notice
was
caused
to
be
delivered
7
to
you,
(date)
________________________,
________.
8
Your
answer
is
to
be
filed
with
the
Secretary
of
the
9
Senate,
State
Capitol,
Des
Moines,
Iowa.
10
Dated
this
________
day
of
________________,
______.
11
________________________________
12
Chair,
Senate
Ethics
Committee,
13
or
Secretary
of
the
Senate
14
25.
HEARING
NOTICE
FORM.
The
following
form
shall
15
be
used
for
notice
of
a
hearing
under
these
rules:
16
STATE
OF
IOWA
17
THE
SENATE
18
COMMITTEE
ON
ETHICS
)
19
IOWA
STATE
SENATE
)
20
)
21
On
The
Complaint
Of
)
NOTICE
OF
HEARING
22
)
23
___________________________
)
24
)
25
And
Involving
)
26
)
27
___________________________
)
28
)
29
TO
________________________________,
30
-18-
LSB
1354SC
(9)
84
tm/rj
18/
24
S.R.
_____
Senator
or
Lobbyist
named
above:
1
You
are
hereby
notified
that
there
is
now
on
file
2
with
the
Secretary
of
the
Senate,
State
Capitol,
Des
3
Moines,
Iowa,
a
complaint
which
alleges
that
you
have
4
committed
a
violation
of
the
Senate’s
Code
of
Ethics
or
5
Senate
Rules
Governing
Lobbyists.
6
A
copy
of
the
complaint
and
the
Senate
rules
for
7
processing
the
same
are
attached
hereto
and
made
a
part
8
of
this
notice.
9
You
are
further
notified
that,
after
preliminary
10
review,
the
committee
has
caused
a
public
hearing
to
be
11
scheduled
on
(date)___________________,
________,
at
12
(hour)
___________
(a.m.)
(p.m.),
in
Room
____,
State
13
Capitol,
Des
Moines,
Iowa.
14
At
the
hearing,
you
will
have
the
right
to
appear
15
in
person,
be
represented
by
legal
counsel
at
your
own
16
expense,
present
statements
and
evidence,
and
examine
17
and
cross-examine
witnesses.
The
committee
shall
18
not
be
bound
by
formal
rules
of
evidence,
but
shall
19
receive
relevant
evidence,
subject
to
limitations
on
20
repetitiveness.
Any
evidence
taken
shall
be
under
21
oath.
22
The
committee
may
continue
the
hearing
to
a
future
23
date
if
necessary
for
appropriate
reasons
or
purposes.
24
You
are
further
notified
that
the
committee
will
25
receive
such
evidence
and
take
such
action
as
warranted
26
by
the
evidence.
27
Dated
this
_____
day
of
________________,
______.
28
________________________________
29
Chair,
Senate
Ethics
Committee,
30
-19-
LSB
1354SC
(9)
84
tm/rj
19/
24
S.R.
_____
or
Secretary
of
the
Senate
1
26.
PERSONAL
FINANCIAL
DISCLOSURE
FORM.
The
2
following
form
shall
be
used
for
disclosure
of
economic
3
interests
under
these
rules
and
section
68B.35:
4
STATEMENT
OF
ECONOMIC
INTERESTS
5
Name:________________________________________________
6
(Last)
(First)
(Middle
Initial)
7
Address:_____________________________________________
8
(Street
Address,
Apt.#/P.O.
Box)
9
______________________________________________
10
(City)
(State)
(Zip)
11
Phone:(Home)
____/____-_____(Business)
____/____-_____
12
******************************************************
13
a.
Please
list
each
business,
occupation,
or
14
profession
in
which
you
are
engaged.
In
listing
15
the
business,
occupation,
or
profession,
it
is
16
not
necessary
that
your
employer
or
the
name
of
17
the
business
be
listed,
although
all
businesses,
18
occupations,
or
professions
must
be
listed,
regardless
19
of
the
amount
of
income
derived
or
time
spent
20
participating
in
the
activity.
(Examples
of
types
21
of
businesses,
occupations,
or
professions
that
may
22
be
listed:
teacher,
lawyer,
legislator,
real
estate
23
agent,
insurance
adjuster,
salesperson....)
24
(1)
__________________________________________________
25
(2)
__________________________________________________
26
(3)
__________________________________________________
27
(4)
__________________________________________________
28
(5)
__________________________________________________
29
b.
Please
list
the
nature
of
each
of
the
30
-20-
LSB
1354SC
(9)
84
tm/rj
20/
24
S.R.
_____
businesses,
occupations,
or
professions
which
you
1
listed
in
paragraph
“a”,
above,
unless
the
nature
of
2
the
business,
occupation,
or
profession
is
already
3
apparent
from
the
information
indicated
above.
The
4
descriptions
in
this
paragraph
should
correspond
by
5
number
to
the
numbers
for
each
of
the
businesses,
6
occupations,
or
professions
listed
in
paragraph
“a”.
7
(Examples:
If
you
indicated,
for
example,
that
you
8
were
a
salesperson
in
subparagraph
(1)
of
paragraph
9
“a”,
you
should
list
in
subparagraph
(1)
of
this
10
paragraph
the
types
of
goods
or
services
sold
in
this
11
item.
If
you
indicated
that
you
were
a
teacher
in
12
subparagraph
(2)
of
paragraph
“a”,
you
should
indicate
13
in
subparagraph
(2)
of
this
paragraph
the
type
of
14
school
or
institution
in
which
you
provide
instruction
15
or
whether
the
instruction
is
provided
on
a
private
16
basis.
If
you
indicated
that
you
were
a
lawyer
in
17
subparagraph
(3)
of
paragraph
“a”,
you
should
indicate
18
your
areas
of
practice
and
whether
you
are
in
private,
19
corporate,
or
government
practice
in
subparagraph
(3)
20
of
this
paragraph.
If
you
indicated
in
subparagraph
21
(4)
of
paragraph
“a”
that
you
were
a
consultant,
in
22
subparagraph
(4)
of
this
paragraph
you
should
indicate
23
the
kind
of
services
provided
and
types
of
clients
24
served.)
25
(1)
__________________________________________________
26
(2)
__________________________________________________
27
(3)
__________________________________________________
28
(4)
__________________________________________________
29
(5)
__________________________________________________
30
-21-
LSB
1354SC
(9)
84
tm/rj
21/
24
S.R.
_____
c.
Please
list
each
source,
by
general
description,
1
from
which
you
receive,
or
which
generates,
more
than
2
one
thousand
dollars
in
gross
annual
income
in
the
3
categories
listed
below.
For
purposes
of
this
item,
4
a
source
produces
gross
annual
income
if
the
revenue
5
produced
by
the
source
is
subject
to
federal
or
state
6
income
taxes.
In
completing
this
item,
it
is
not
7
necessary
to
list
the
name
of
the
company,
business,
8
financial
institution,
corporation,
partnership,
or
9
other
entity
which
constitutes
the
source
of
the
income
10
and
the
amount
or
value
of
the
holding
should
not
be
11
listed.
12
(1)
Securities
(Here
for
example,
you
need
not
13
state
that
you
own
X
number
of
shares
of
any
specific
14
company
by
brand
or
corporate
name,
or
that
the
stock
15
is
of
a
certain
value,
but
may
instead
state
that
you
16
possess
stock
in
a
company
and
indicate
the
nature
of
17
the
company’s
business.):
18
______________________________________________________
19
______________________________________________________
20
______________________________________________________
21
______________________________________________________
22
______________________________________________________
23
(2)
Instruments
of
Financial
Institutions
(You
24
need
not
indicate,
for
example,
in
which
institutions
25
you
hold
certificates
of
deposit
that
produce
annual
26
income
over
the
one
thousand
dollar
threshold,
but
27
simply
listing
the
nature
of
the
institution
will
28
suffice,
e.g.,
bank,
credit
union,
or
savings
and
loan
29
association.):
30
-22-
LSB
1354SC
(9)
84
tm/rj
22/
24
S.R.
_____
______________________________________________________
1
______________________________________________________
2
______________________________________________________
3
______________________________________________________
4
______________________________________________________
5
(3)
Trusts
(The
name
of
the
particular
trust
need
6
not
be
listed.
However,
if
the
income
is
received
7
from
a
charitable
trust/foundation,
such
as
the
Pugh
8
Charitable
Trust,
in
the
form
of
a
grant,
the
fact
that
9
the
trust
is
a
charitable
trust
should
be
noted
here.):
10
______________________________________________________
11
______________________________________________________
12
______________________________________________________
13
______________________________________________________
14
______________________________________________________
15
(4)
Real
Estate
(When
listing
real
estate,
it
is
16
not
necessary
to
list
the
location
of
the
property,
but
17
the
general
nature
of
the
real
estate
interest
should
18
be
indicated,
e.g.,
residential
leasehold
interest
or
19
farm
leasehold
interest.):
20
______________________________________________________
21
______________________________________________________
22
______________________________________________________
23
______________________________________________________
24
______________________________________________________
25
(5)
Retirement
Systems
(When
listing
retirement
26
benefits,
it
is
not
necessary
to
list
the
name
of
27
the
particular
pension
system
or
company,
but
rather
28
the
type
of
benefit
should
be
listed,
e.g.,
health
29
benefits,
life
insurance
benefits,
private
pension,
or
30
-23-
LSB
1354SC
(9)
84
tm/rj
23/
24
S.R.
_____
government
pension.):
1
______________________________________________________
2
______________________________________________________
3
______________________________________________________
4
______________________________________________________
5
______________________________________________________
6
(6)
Other
Income
Categories
Specified
in
State
or
7
Federal
Income
Tax
Regulations
(List
description
of
8
other
sources
of
income
producing
over
one
thousand
9
dollars
in
annual
income
not
previously
reported
above,
10
but
which
must
be
reported
for
income
tax
purposes.):
11
______________________________________________________
12
______________________________________________________
13
______________________________________________________
14
______________________________________________________
15
______________________________________________________
16
______________________________________________________
17
_______________________________
___________________
18
(Signature
of
filer)
(Date)
19
-24-
LSB
1354SC
(9)
84
tm/rj
24/
24