Read the full stored bill text
House
File
955
-
Introduced
HOUSE
FILE
955
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HF
366)
A
BILL
FOR
An
Act
relating
to
government
ethics
of
employees
of
a
state
1
agency,
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
68B.2D
Prohibited
use
of
evidences
1
of
office
or
employment.
2
A
person
who
serves
or
is
employed
by
a
state
agency
shall
3
not
use
a
badge,
uniform,
business
card,
electronic
mail
4
address,
or
other
evidences
of
office
or
employment
while
5
engaging
in
an
activity
concerning
a
member
of
the
general
6
assembly
that
is
unrelated
to
the
official
duties
of
the
7
person’s
employment
or
service.
8
Sec.
2.
Section
68B.31,
subsection
4,
paragraph
a,
9
subparagraphs
(3)
and
(4),
Code
2025,
are
amended
to
read
as
10
follows:
11
(3)
Issue
advisory
opinions
interpreting
the
intent
12
of
constitutional
and
statutory
provisions
relating
to
13
legislators,
lobbyists,
and
clients
of
a
lobbyist,
and
14
persons
who
serve
or
are
employed
by
a
state
agency
as
well
15
as
interpreting
the
code
of
ethics
and
rules
issued
pursuant
16
to
this
section
.
Opinions
shall
be
issued
when
approved
by
17
a
majority
of
the
six
members
and
may
be
issued
upon
the
18
written
request
of
a
member
of
the
general
assembly
or
upon
19
the
committee’s
initiation.
Opinions
are
not
binding
on
the
20
legislator,
lobbyist,
or
client
,
or
person
who
serves
or
is
21
employed
by
a
state
agency
.
22
(4)
Receive
and
hear
complaints
and
charges
against
23
members
of
its
house,
lobbyists,
or
clients
of
a
lobbyist
,
and
24
persons
who
serve
or
are
employed
by
a
state
agency
alleging
25
a
violation
of
the
code
of
ethics,
rules
governing
lobbyists,
26
this
chapter
,
or
other
matters
referred
to
it
by
its
house
or
27
the
independent
special
counsel.
The
committee
shall
recommend
28
rules
for
the
receipt
and
processing
of
findings
of
probable
29
cause
relating
to
ethical
violations
of
members
of
the
general
30
assembly,
lobbyists,
or
clients
of
lobbyists
,
or
persons
who
31
serve
or
are
employed
by
a
state
agency
during
the
legislative
32
session
and
those
received
after
the
general
assembly
adjourns.
33
Sec.
3.
Section
68B.31,
subsections
5
and
8,
Code
2025,
are
34
amended
to
read
as
follows:
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5.
Any
person
may
file
a
complaint
with
the
ethics
committee
1
of
either
house
alleging
that
a
member
of
the
general
assembly,
2
lobbyist,
or
client
of
a
lobbyist
,
or
a
person
who
serves
or
3
is
employed
by
a
state
agency
before
the
general
assembly
has
4
committed
a
violation
of
this
chapter
.
The
ethics
committee
5
shall
prescribe
and
provide
forms
for
this
purpose.
The
6
complaint
shall
include
the
name
and
address
of
the
complainant
7
and
a
statement
of
the
facts
believed
to
be
true
that
form
the
8
basis
of
the
complaint,
including
the
sources
of
information
9
and
approximate
dates
of
the
acts
alleged
and
a
certification
10
by
the
complainant
under
penalty
of
perjury
that
the
facts
11
stated
to
be
true
are
true
to
the
best
of
the
complainant’s
12
knowledge.
13
8.
If
a
hearing
on
the
complaint
is
ordered,
the
ethics
14
committee
shall
receive
all
admissible
evidence,
determine
15
any
factual
or
legal
issues
presented
during
the
hearing,
and
16
make
findings
of
fact
based
upon
evidence
received.
Hearings
17
shall
be
conducted
in
the
manner
prescribed
in
section
17A.12
.
18
The
rules
of
evidence
applicable
under
section
17A.14
shall
19
also
apply
in
hearings
before
the
ethics
committee.
Clear
and
20
convincing
evidence
shall
be
required
to
support
a
finding
that
21
the
member
of
the
general
assembly,
lobbyist,
or
client
before
22
the
general
assembly
of
a
lobbyist,
or
person
who
serves
or
is
23
employed
by
a
state
agency
has
committed
a
violation
of
this
24
chapter
.
Parties
to
a
complaint
may,
subject
to
the
approval
25
of
the
ethics
committee,
negotiate
for
settlement
of
disputes
26
that
are
before
the
ethics
committee.
Terms
of
any
negotiated
27
settlements
shall
be
publicly
recorded.
If
a
complaint
is
28
filed
or
initiated
less
than
ninety
days
before
the
election
29
for
a
state
office,
for
which
the
person
named
in
the
complaint
30
is
the
incumbent
officeholder,
the
ethics
committee
shall,
31
if
possible,
set
the
hearing
at
the
earliest
available
date
32
so
as
to
allow
the
issue
to
be
resolved
before
the
election.
33
An
extension
of
time
for
a
hearing
may
be
granted
when
both
34
parties
mutually
agree
on
an
alternate
date
for
the
hearing.
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The
ethics
committee
shall
make
every
effort
to
hear
all
1
ethics
complaints
within
three
months
of
the
date
that
the
2
complaints
are
filed.
However,
after
three
months
from
the
3
date
of
the
filing
of
the
complaint,
extensions
of
time
for
4
purposes
of
preparing
for
hearing
may
only
be
granted
by
the
5
ethics
committee
when
the
party
charged
in
the
complaint
with
6
the
ethics
violation
consents
to
an
extension.
If
the
party
7
charged
does
not
consent
to
an
extension,
the
ethics
committee
8
shall
not
grant
any
extensions
of
time
for
preparation
prior
to
9
hearing.
All
complaints
alleging
a
violation
of
this
chapter
10
or
the
code
of
ethics
shall
be
heard
within
nine
months
of
the
11
filing
of
the
complaint.
Final
dispositions
of
violations,
12
which
the
ethics
committee
has
found
to
have
been
established
13
by
clear
and
convincing
evidence,
shall
be
made
within
thirty
14
days
of
the
conclusion
of
the
hearing
on
the
complaint.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
Under
current
law,
an
ethics
committee
is
established
in
19
the
senate
and
in
the
house
of
representatives.
The
ethics
20
committee
of
each
chamber
must,
among
other
duties
listed
under
21
Code
section
68B.31,
receive
and
hear
complaints
and
charges
22
against
members
of
its
chamber,
lobbyists,
or
clients
of
a
23
lobbyist
alleging
a
violation
of
the
code
of
ethics,
rules
24
governing
lobbyists,
Code
chapter
68B
(government
ethics
and
25
lobbying),
or
other
matters
referred
to
it
by
its
chamber
or
26
independent
special
counsel.
27
This
bill
amends
Code
chapter
68B
to
prohibit
a
person
28
who
serves
or
is
employed
by
a
state
agency
from
using
a
29
badge,
uniform,
business
card,
electronic
mail
address,
or
30
other
evidences
of
office
or
employment
while
engaging
in
an
31
activity
concerning
a
member
of
the
general
assembly
that
is
32
unrelated
to
the
official
duties
of
the
person’s
employment
or
33
service.
The
bill
adds
such
persons
to
the
jurisdiction
of
34
each
chamber’s
ethics
committee.
Any
person
may
file
an
ethics
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complaint
against
a
person
who
violates
the
bill.
1
Under
current
law,
any
person
may
file
a
complaint
with
the
2
Iowa
ethics
and
campaign
disclosure
board
(board),
which
is
an
3
independent
agency
established
to
oversee
government
ethics
and
4
lobbying,
alleging
that
a
candidate,
committee,
person
holding
5
a
state
office
in
the
executive
branch
of
state
government,
6
employee
of
the
executive
branch
of
state
government,
or
other
7
person
has
committed
a
violation
of
Code
chapter
68A
(campaign
8
finance),
Code
chapter
68B,
or
rules
adopted
by
the
board.
A
9
person
who
violates
the
bill
is
also
subject
to
a
complaint
10
filed
with
the
board.
11
A
person
who
knowingly
and
intentionally
violates
the
bill
12
is
guilty
of
a
serious
misdemeanor
and
may
be
reprimanded,
13
suspended,
or
dismissed
from
the
person’s
position
or
otherwise
14
sanctioned.
A
serious
misdemeanor
is
punishable
by
confinement
15
for
no
more
than
one
year
and
a
fine
of
at
least
$430
but
not
16
more
than
$2,560.
17
When
used
in
the
bill,
“state
agency”
means
a
department,
18
division,
board,
commission,
bureau,
authority,
or
office
19
of
the
executive
or
legislative
branch
of
state
government,
20
the
office
of
attorney
general,
the
state
board
of
regents,
21
community
colleges,
and
the
office
of
the
governor,
including
22
a
regulatory
agency,
but
does
not
include
any
agricultural
23
commodity
promotional
board,
which
is
subject
to
a
producer
24
referendum.
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