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House File 2511 - IntroducedA Bill ForAn Act 1relating to governmental ethics and campaign finance,
2including the placement of campaign signs, the sale or lease
3of real estate by regulatory agency officials and employees
4to persons subject to the agency’s regulatory authority, and
5the compensation of the executive director of the ethics and
6campaign disclosure board, and making penalties applicable.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 68A.103, Code 2020, is amended to read
2as follows:
368A.103 Applicability to federal candidates.
41. The requirements of this chapter relative to disclosure
5of contributions shall apply to candidates and political
6committees for federal office only in the event such candidates
7are not subject to a federal law requiring the disclosure of
8campaign financing. Any such federal law shall supersede the
9provisions of this chapter.
102. The provisions of section 68A.406 shall apply to
11candidates and political committees for federal office.
12 Sec. 2. Section 68A.406, Code 2020, is amended by adding the
13following new subsection:
14 NEW SUBSECTION. 4. For the purposes of this section:
15a. “Campaign sign” means a sign that expressly advocates in
16favor of or against one or more clearly identified candidates
17or ballot issues.
18b. “Candidate” means an individual who has taken affirmative
19action to seek the nomination or election to any federal,
20state, county, city, or school office filled by election and
21shall also include any judge standing for retention in a
22judicial election.
23 Sec. 3. Section 68B.4, subsection 1, Code 2020, is amended
24to read as follows:
251. An official or employee of any regulatory agency shall
26not sell or lease, either directly or indirectly, any goods,
27real estate, or services to individuals, associations, or
28corporations subject to the regulatory authority of the agency
29of which the person is an official or employee, except when the
30official or employee has met all of the following conditions:
31a. The consent of the regulatory agency for which the
32person is an official or employee is obtained and the person is
33not the official or employee with the authority to determine
34whether agency consent is to be given under this section.
35b. The duties or functions performed by the official
-1-1or employee for the regulatory agency are not related to
2the regulatory authority of the agency over the individual,
3association, or corporation, or the selling or leasing of
4goods, real estate, or services by the official or employee
5to the individuals, associations, or corporations does not
6affect the official’s or employee’s duties or functions at the
7regulatory agency.
8c. The selling or leasing of any goods, real estate,
9 or services by the official or employee to an individual,
10association, or corporation does not include advocacy on
11behalf of the individual, association, or corporation to
12the regulatory agency in which the person is an official or
13employee.
14d. The selling or leasing of any goods, real estate,
15 or services by the official or employee to an individual,
16association, or corporation does not cause the official or
17employee to sell or lease goods, real estate, or services to
18the regulatory agency on behalf of the individual, association,
19or corporation.
20 Sec. 4. Section 68B.32, subsection 5, Code 2020, is amended
21to read as follows:
225. The board shall employ a full-time executive director who
23shall be the board’s chief administrative officer. The board
24shall employ or contract for the employment of legal counsel
25notwithstanding section 13.7, and any other personnel as may
26be necessary to carry out the duties of the board. The board’s
27legal counsel shall be the chief legal officer of the board and
28shall advise the board on all legal matters relating to the
29administration of this chapter and chapter 68A. The state may
30be represented by the board’s legal counsel in any civil action
31regarding the enforcement of this chapter or chapter 68A, or at
32the board’s request, the state may be represented by the office
33of the attorney general. Notwithstanding section 8A.412, all
34of the board’s employees, except for the executive director and
35legal counsel, shall be employed subject to the merit system
-2-1provisions of chapter 8A, subchapter IV. The salary of the
2executive director shall be fixed by the board, within the
3range established by the general assembly. The salary of the
4legal counsel shall be fixed by the board, within a salary
5range established by the department of administrative services
6for a position requiring similar qualifications and experience.
7If the board’s executive director also serves as the board’s
8legal counsel, the board may, in the board’s discretion, award
9the executive director additional compensation which shall not
10annually exceed fifty percent of the maximum annual salary for
11the range established by the general assembly for the board’s
12executive director position.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill relates to governmental ethics and campaign
17finance, including the placement of campaign signs, the
18sale or lease of real estate by regulatory agency officials
19and employees to persons subject to the agency’s regulatory
20authority, and the compensation of the executive director of
21the ethics and campaign disclosure board.
22CAMPAIGN SIGNS. Code section 68A.406 regulates the
23placement of campaign signs for candidates of state and local
24office. The bill provides that the campaign sign regulations
25also apply to candidates and political committees for federal
26office, and defines “campaign sign” and “candidate”. A person
27who violates this provision of the bill is subject to civil
28penalties imposed by the Iowa ethics and campaign disclosure
29board, including remedial action, a reprimand, and a civil
30penalty up to $2,000. In addition, a person who willfully
31violates a provision of Code chapter 68A is guilty of a
32serious misdemeanor. A serious misdemeanor is punishable by
33confinement for no more than one year and a fine of at least
34$315 but not more than $1,875.
35SALES AND LEASES BY PUBLIC EMPLOYEES. Under current
-3-1law, officials and employees of state regulatory agencies
2are prohibited from selling or leasing goods or services
3to individuals, associations, or corporations subject to
4the agency authority of which the person is an official or
5employee. However, this prohibition does not apply if consent
6for such sale or lease is obtained from the agency consistent
7with rules adopted by the Iowa ethics and campaign disclosure
8board; if the official’s or employee’s agency duties are not
9related to the regulatory authority of the agency over the
10individual, association, or corporation; if the selling or
11leasing of the goods or services does not include advocacy on
12behalf of the individual, association, or corporation to the
13agency; and if the selling or leasing of the goods or services
14does not cause the official or employee to sell or lease
15goods or services to the agency on behalf of the individual,
16association, or corporation. The bill extends this prohibition
17and the exception to the sale or lease of real estate.
18A person who knowingly and intentionally violates this
19provision of the bill is guilty of a serious misdemeanor and
20may be reprimanded, suspended, or dismissed from the person’s
21position or otherwise sanctioned. A serious misdemeanor is
22punishable by confinement for no more than one year and a fine
23of at least $315 but not more than $1,875.
24ETHICS AND CAMPAIGN DISCLOSURE BOARD EXECUTIVE DIRECTOR
25COMPENSATION. Under current law, the ethics and campaign
26disclosure board is required to establish the salary of the
27board’s executive director within a range designated by the
28general assembly.
29The bill allows the board to award the board’s executive
30director additional compensation which shall not annually
31exceed 50 percent of the maximum annual salary for the range
32established by the general assembly for the board’s executive
33director position, if the board’s executive director also
34serves as the board’s legal counsel. Currently, the general
35assembly designates the board’s executive director position at
-4-1salary range 4, with a minimum annual salary of $63,690, and a
2maximum annual salary of $97,460.
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2including the placement of campaign signs, the sale or lease
3of real estate by regulatory agency officials and employees
4to persons subject to the agency’s regulatory authority, and
5the compensation of the executive director of the ethics and
6campaign disclosure board, and making penalties applicable.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 68A.103, Code 2020, is amended to read
2as follows:
368A.103 Applicability to federal candidates.
41. The requirements of this chapter relative to disclosure
5of contributions shall apply to candidates and political
6committees for federal office only in the event such candidates
7are not subject to a federal law requiring the disclosure of
8campaign financing. Any such federal law shall supersede the
9provisions of this chapter.
102. The provisions of section 68A.406 shall apply to
11candidates and political committees for federal office.
12 Sec. 2. Section 68A.406, Code 2020, is amended by adding the
13following new subsection:
14 NEW SUBSECTION. 4. For the purposes of this section:
15a. “Campaign sign” means a sign that expressly advocates in
16favor of or against one or more clearly identified candidates
17or ballot issues.
18b. “Candidate” means an individual who has taken affirmative
19action to seek the nomination or election to any federal,
20state, county, city, or school office filled by election and
21shall also include any judge standing for retention in a
22judicial election.
23 Sec. 3. Section 68B.4, subsection 1, Code 2020, is amended
24to read as follows:
251. An official or employee of any regulatory agency shall
26not sell or lease, either directly or indirectly, any goods,
27real estate, or services to individuals, associations, or
28corporations subject to the regulatory authority of the agency
29of which the person is an official or employee, except when the
30official or employee has met all of the following conditions:
31a. The consent of the regulatory agency for which the
32person is an official or employee is obtained and the person is
33not the official or employee with the authority to determine
34whether agency consent is to be given under this section.
35b. The duties or functions performed by the official
-1-1or employee for the regulatory agency are not related to
2the regulatory authority of the agency over the individual,
3association, or corporation, or the selling or leasing of
4goods, real estate, or services by the official or employee
5to the individuals, associations, or corporations does not
6affect the official’s or employee’s duties or functions at the
7regulatory agency.
8c. The selling or leasing of any goods, real estate,
9 or services by the official or employee to an individual,
10association, or corporation does not include advocacy on
11behalf of the individual, association, or corporation to
12the regulatory agency in which the person is an official or
13employee.
14d. The selling or leasing of any goods, real estate,
15 or services by the official or employee to an individual,
16association, or corporation does not cause the official or
17employee to sell or lease goods, real estate, or services to
18the regulatory agency on behalf of the individual, association,
19or corporation.
20 Sec. 4. Section 68B.32, subsection 5, Code 2020, is amended
21to read as follows:
225. The board shall employ a full-time executive director who
23shall be the board’s chief administrative officer. The board
24shall employ or contract for the employment of legal counsel
25notwithstanding section 13.7, and any other personnel as may
26be necessary to carry out the duties of the board. The board’s
27legal counsel shall be the chief legal officer of the board and
28shall advise the board on all legal matters relating to the
29administration of this chapter and chapter 68A. The state may
30be represented by the board’s legal counsel in any civil action
31regarding the enforcement of this chapter or chapter 68A, or at
32the board’s request, the state may be represented by the office
33of the attorney general. Notwithstanding section 8A.412, all
34of the board’s employees, except for the executive director and
35legal counsel, shall be employed subject to the merit system
-2-1provisions of chapter 8A, subchapter IV. The salary of the
2executive director shall be fixed by the board, within the
3range established by the general assembly. The salary of the
4legal counsel shall be fixed by the board, within a salary
5range established by the department of administrative services
6for a position requiring similar qualifications and experience.
7If the board’s executive director also serves as the board’s
8legal counsel, the board may, in the board’s discretion, award
9the executive director additional compensation which shall not
10annually exceed fifty percent of the maximum annual salary for
11the range established by the general assembly for the board’s
12executive director position.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill relates to governmental ethics and campaign
17finance, including the placement of campaign signs, the
18sale or lease of real estate by regulatory agency officials
19and employees to persons subject to the agency’s regulatory
20authority, and the compensation of the executive director of
21the ethics and campaign disclosure board.
22CAMPAIGN SIGNS. Code section 68A.406 regulates the
23placement of campaign signs for candidates of state and local
24office. The bill provides that the campaign sign regulations
25also apply to candidates and political committees for federal
26office, and defines “campaign sign” and “candidate”. A person
27who violates this provision of the bill is subject to civil
28penalties imposed by the Iowa ethics and campaign disclosure
29board, including remedial action, a reprimand, and a civil
30penalty up to $2,000. In addition, a person who willfully
31violates a provision of Code chapter 68A is guilty of a
32serious misdemeanor. A serious misdemeanor is punishable by
33confinement for no more than one year and a fine of at least
34$315 but not more than $1,875.
35SALES AND LEASES BY PUBLIC EMPLOYEES. Under current
-3-1law, officials and employees of state regulatory agencies
2are prohibited from selling or leasing goods or services
3to individuals, associations, or corporations subject to
4the agency authority of which the person is an official or
5employee. However, this prohibition does not apply if consent
6for such sale or lease is obtained from the agency consistent
7with rules adopted by the Iowa ethics and campaign disclosure
8board; if the official’s or employee’s agency duties are not
9related to the regulatory authority of the agency over the
10individual, association, or corporation; if the selling or
11leasing of the goods or services does not include advocacy on
12behalf of the individual, association, or corporation to the
13agency; and if the selling or leasing of the goods or services
14does not cause the official or employee to sell or lease
15goods or services to the agency on behalf of the individual,
16association, or corporation. The bill extends this prohibition
17and the exception to the sale or lease of real estate.
18A person who knowingly and intentionally violates this
19provision of the bill is guilty of a serious misdemeanor and
20may be reprimanded, suspended, or dismissed from the person’s
21position or otherwise sanctioned. A serious misdemeanor is
22punishable by confinement for no more than one year and a fine
23of at least $315 but not more than $1,875.
24ETHICS AND CAMPAIGN DISCLOSURE BOARD EXECUTIVE DIRECTOR
25COMPENSATION. Under current law, the ethics and campaign
26disclosure board is required to establish the salary of the
27board’s executive director within a range designated by the
28general assembly.
29The bill allows the board to award the board’s executive
30director additional compensation which shall not annually
31exceed 50 percent of the maximum annual salary for the range
32established by the general assembly for the board’s executive
33director position, if the board’s executive director also
34serves as the board’s legal counsel. Currently, the general
35assembly designates the board’s executive director position at
-4-1salary range 4, with a minimum annual salary of $63,690, and a
2maximum annual salary of $97,460.
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