Bill Text: IA SSB1013 | 2013-2014 | 85th General Assembly | Introduced


Bill Title: A study bill for an act relating to the legal sufficiency review of and notification procedures for complaints filed with the Iowa ethics and campaign disclosure board.

Spectrum: Unknown

Status: (N/A - Dead) 2013-01-16 - State Government: Danielson Chair,Jochum, and Anderson, B.. [SSB1013 Detail]

Download: Iowa-2013-SSB1013-Introduced.html
Senate Study Bill 1013 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED ETHICS AND CAMPAIGN DISCLOSURE BOARD BILL) A BILL FOR An Act relating to the legal sufficiency review of and 1 notification procedures for complaints filed with the Iowa 2 ethics and campaign disclosure board. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1302DP (5) 85 tm/rj
S.F. _____ H.F. _____ Section 1. Section 68B.32B, subsections 5 and 6, Code 2013, 1 are amended to read as follows: 2 5. After receiving an evaluation of the legal sufficiency 3 of the complaint, the chairperson shall refer the complaint to 4 the board for a formal determination by the board of determine 5 the legal sufficiency of the allegations contained in the 6 complaint. 7 6. If the board chairperson determines that none of the 8 allegations contained in the complaint are legally sufficient, 9 the complaint shall be dismissed. The complainant shall be 10 sent a notice of dismissal stating the reason or reasons 11 for the dismissal. A copy of the complaint and the notice 12 of dismissal shall also be sent to every board member. If 13 a copy of the complaint was sent to the subject of the 14 complaint, a copy of the notice shall be sent to the subject 15 of the complaint. If the board chairperson determines 16 that any allegation contained in the complaint is legally 17 sufficient, notice of the legal sufficiency shall be sent 18 to the complainant, the subject of the complaint, and every 19 board member and the complaint shall be referred to the board 20 staff for investigation of any legally sufficient allegations. 21 The board shall reconsider whether the complaint is legally 22 sufficient if a request to reconsider is filed with the board 23 by the complainant, the subject of the complaint, or a board 24 member within thirty days of the sending of the notice of 25 dismissal or investigation. 26 EXPLANATION 27 This bill relates to the legal sufficiency review of and 28 notification procedures for complaints filed with the Iowa 29 ethics and campaign disclosure board. 30 Currently, the chairperson of the Iowa ethics and campaign 31 disclosure board refers complaints to the board for a formal 32 determination on the legal sufficiency of the allegations 33 in the complaint. If all of the allegations are found to 34 be legally insufficient, the complaint is required to be 35 -1- LSB 1302DP (5) 85 tm/rj 1/ 2
S.F. _____ H.F. _____ dismissed. If any of the allegations in the complaint are 1 found to be legally sufficient, the complaint is referred 2 to the board staff for investigation for probable cause 3 determinations. 4 The bill requires the chairperson of the board to make the 5 legal sufficiency determination on complaints. If a complaint 6 is dismissed, the bill requires notice to be sent to the 7 complainant and every member of the board. If a complaint 8 is referred to the board staff for investigation, the bill 9 requires notice to be sent to the complainant, the subject 10 of the complaint, and every member of the board. The bill 11 requires the board to reconsider whether a complaint is legally 12 sufficient upon a request made by the complainant, the subject 13 of the complaint, or a board member. 14 -2- LSB 1302DP (5) 85 tm/rj 2/ 2
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