HF 366 (LSB 2534YH (3) 91)

HOUSE FILE 366

BY  JONES

A BILL FOR

An Act relating to government ethics of employees of a state agency, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  68B.2D  Prohibited use of evidences of office or employment.
   A person who serves or is employed by a state agency shall not use a badge, uniform, business card, electronic mail address, or other evidences of office or employment while engaging in an activity concerning a member of the general assembly that is unrelated to the official duties of the person’s employment or service.
    Sec. 2.  Section 68B.31, subsection 4, paragraph a, subparagraphs (3) and (4), Code 2025, are amended to read as follows:
   (3)  Issue advisory opinions interpreting the intent of constitutional and statutory provisions relating to legislators, lobbyists, and clients of a lobbyist, and persons who serve or are employed by a state agency as well as interpreting the code of ethics and rules issued pursuant to this section. Opinions shall be issued when approved by a majority of the six members and may be issued upon the written request of a member of the general assembly or upon the committee’s initiation. Opinions are not binding on the legislator, lobbyist, or client, or person who serves or is employed by a state agency.
   (4)  Receive and hear complaints and charges against members of its house, lobbyists, or clients of a lobbyist, and persons who serve or are employed by a state agency alleging a violation of the code of ethics, rules governing lobbyists, this chapter, or other matters referred to it by its house or the independent special counsel. The committee shall recommend rules for the receipt and processing of findings of probable cause relating to ethical violations of members of the general assembly, lobbyists, or clients of lobbyists, or persons who serve or are employed by a state agency during the legislative session and those received after the general assembly adjourns.
    Sec. 3.  Section 68B.31, subsections 5 and 8, Code 2025, are amended to read as follows:
   5.  Any person may file a complaint with the ethics committee of either house alleging that a member of the general assembly, lobbyist, or client of a lobbyist, or a person who serves or is employed by a state agency before the general assembly has committed a violation of this chapter. The ethics committee shall prescribe and provide forms for this purpose. The complaint shall include the name and address of the complainant and a statement of the facts believed to be true that form the basis of the complaint, including the sources of information and approximate dates of the acts alleged and a certification by the complainant under penalty of perjury that the facts stated to be true are true to the best of the complainant’s knowledge.
   8.  If a hearing on the complaint is ordered, the ethics committee shall receive all admissible evidence, determine any factual or legal issues presented during the hearing, and make findings of fact based upon evidence received. Hearings shall be conducted in the manner prescribed in section 17A.12. The rules of evidence applicable under section 17A.14 shall also apply in hearings before the ethics committee. Clear and convincing evidence shall be required to support a finding that the member of the general assembly, lobbyist, or client before the general assembly of a lobbyist, or person who serves or is employed by a state agency has committed a violation of this chapter. Parties to a complaint may, subject to the approval of the ethics committee, negotiate for settlement of disputes that are before the ethics committee. Terms of any negotiated settlements shall be publicly recorded. If a complaint is filed or initiated less than ninety days before the election for a state office, for which the person named in the complaint is the incumbent officeholder, the ethics committee shall, if possible, set the hearing at the earliest available date so as to allow the issue to be resolved before the election. An extension of time for a hearing may be granted when both parties mutually agree on an alternate date for the hearing. The ethics committee shall make every effort to hear all ethics complaints within three months of the date that the complaints are filed. However, after three months from the date of the filing of the complaint, extensions of time for purposes of preparing for hearing may only be granted by the ethics committee when the party charged in the complaint with the ethics violation consents to an extension. If the party charged does not consent to an extension, the ethics committee shall not grant any extensions of time for preparation prior to hearing. All complaints alleging a violation of this chapter or the code of ethics shall be heard within nine months of the filing of the complaint. Final dispositions of violations, which the ethics committee has found to have been established by clear and convincing evidence, shall be made within thirty days of the conclusion of the hearing on the complaint.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, an ethics committee is established in the senate and in the house of representatives. The ethics committee of each chamber must, among other duties listed under Code section 68B.31, receive and hear complaints and charges against members of its chamber, lobbyists, or clients of a lobbyist alleging a violation of the code of ethics, rules governing lobbyists, Code chapter 68B (government ethics and lobbying), or other matters referred to it by its chamber or independent special counsel.
   This bill amends Code chapter 68B to prohibit a person who serves or is employed by a state agency from using a badge, uniform, business card, electronic mail address, or other evidences of office or employment while engaging in an activity concerning a member of the general assembly that is unrelated to the official duties of the person’s employment or service. The bill adds such persons to the jurisdiction of each chamber’s ethics committee. Any person may file an ethics complaint against a person who violates the bill.
   Under current law, any person may file a complaint with the Iowa ethics and campaign disclosure board (board), which is an independent agency established to oversee government ethics and lobbying, alleging that a candidate, committee, person holding a state office in the executive branch of state government, employee of the executive branch of state government, or other person has committed a violation of Code chapter 68A (campaign finance), Code chapter 68B, or rules adopted by the board. A person who violates the bill is also subject to a complaint filed with the board.
   A person who knowingly and intentionally violates the bill is guilty of a serious misdemeanor and may be reprimanded, suspended, or dismissed from the person’s position or otherwise sanctioned. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560.
   When used in the bill, “state agency” means a department, division, board, commission, bureau, authority, or office of the executive or legislative branch of state government, the office of attorney general, the state board of regents, community colleges, and the office of the governor, including a regulatory agency, but does not include any agricultural commodity promotional board, which is subject to a producer referendum.