| 1 | 1 | | 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: 3 TLSB 2534HV (1) 91 th/jh |
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| 3 | 3 | | H.F. 955 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 persons 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 committees 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: 35 -1- LSB 2534HV (1) 91 th/jh 1/ 4 |
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| 5 | 5 | | H.F. 955 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 complainants 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. 35 -2- LSB 2534HV (1) 91 th/jh 2/ 4 |
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| 7 | 7 | | H.F. 955 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 explanations 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 persons employment or 33 service. The bill adds such persons to the jurisdiction of 34 each chambers ethics committee. Any person may file an ethics 35 -3- LSB 2534HV (1) 91 th/jh 3/ 4 |
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| 9 | 9 | | H.F. 955 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 persons 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. 25 -4- LSB 2534HV (1) 91 th/jh 4/ 4 |
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