Bill Text: IA SSB3038 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A resolution relating to the requirements under the Senate Code of Ethics for filing personal financial disclosure forms by senators and candidates for senate.(See SR 101.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-01-19 - Subcommittee: Koelker, Carlin, Costello, Hogg, Jochum, and Kinney. [SSB3038 Detail]
Download: Iowa-2021-SSB3038-Introduced.html
Senate
Study
Bill
3038
-
Introduced
SENATE
RESOLUTION
NO.
_____
BY
(PROPOSED
COMMITTEE
ON
ETHICS
RESOLUTION
BY
CHAIRPERSON
KOELKER)
A
Resolution
relating
to
the
requirements
under
the
1
Senate
Code
of
Ethics
for
filing
personal
financial
2
disclosure
forms
by
senators
and
candidates
for
3
senate.
4
BE
IT
RESOLVED
BY
THE
SENATE,
That
Rule
11
of
the
5
Senate
Code
of
Ethics
for
the
Eighty-ninth
General
6
Assembly,
as
adopted
during
the
2021
Session
in
Senate
7
Resolution
1,
is
amended
as
follows:
8
11.
DISCLOSURE
REQUIRED
BY
SENATORS
.
Each
senator
9
shall
file
with
the
secretary
of
the
senate
within
ten
10
days
after
the
adoption
of
the
code
of
ethics
by
the
11
senate,
and
within
ten
days
after
the
convening
of
the
12
second
session
of
the
general
assembly,
a
financial
13
statement
under
section
68B.35
on
forms
provided
by
14
the
secretary
of
the
senate
setting
forth
the
following
15
information:
16
The
nature
of
each
business
in
which
the
senator
17
is
engaged
and
the
nature
of
the
business
of
each
18
company
in
which
the
senator
has
a
financial
interest.
19
A
senator
shall
not
be
required
to
file
a
report
20
financial
statement
or
be
assumed
to
have
a
financial
21
interest
if
the
annual
income
derived
from
the
22
investment
in
stocks,
bonds,
bills,
notes,
mortgages,
23
or
other
securities
offered
for
sale
through
recognized
24
financial
brokers
is
less
than
one
thousand
dollars.
25
Disclosures
required
under
this
rule
shall
be
as
26
of
the
date
filed
unless
provided
to
the
contrary,
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and
shall
be
amended
to
include
interests
and
changes
1
encompassed
by
this
rule
that
occur
while
the
general
2
assembly
is
in
session.
All
filings
under
this
rule
3
shall
be
open
to
public
inspection
in
the
office
of
the
4
secretary
of
the
senate
at
all
reasonable
times.
5
The
secretary
of
the
senate
shall
inform
the
ethics
6
committee
of
the
financial
statements
which
are
filed
7
and
shall
report
to
the
ethics
committee
the
names
8
of
any
senators
who
appear
not
to
have
filed
complete
9
financial
statements.
The
chairperson
of
the
ethics
10
committee
shall
request
in
writing
that
a
senator
who
11
has
failed
to
complete
the
report
financial
statement
12
or
appears
to
have
filed
an
incomplete
report
financial
13
statement
do
so
within
five
days,
and,
upon
the
failure
14
of
the
senator
to
comply,
the
ethics
committee
shall
15
require
the
senator
to
appear
before
the
committee.
16
BE
IT
FURTHER
RESOLVED,
That
the
Senate
Code
of
17
Ethics
for
the
Eighty-ninth
General
Assembly,
as
18
adopted
during
the
2021
Session
in
Senate
Resolution
1,
19
is
amended
by
adding
the
following
new
rule:
20
11A.
DISCLOSURE
REQUIRED
BY
CANDIDATES
FOR
SENATE.
21
Each
candidate
for
senate
shall
file
with
the
secretary
22
of
the
senate
within
fourteen
days
after
the
deadline
23
for
the
filing
of
nomination
papers
or
fourteen
days
24
after
the
nominating
convention,
as
applicable,
a
25
financial
statement
under
section
68B.35
on
forms
26
provided
by
the
secretary
of
the
senate
setting
forth
27
the
following
information:
28
The
nature
of
each
business
in
which
the
senator
29
is
engaged
and
the
nature
of
the
business
of
each
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company
in
which
the
senator
has
a
financial
interest.
1
A
senator
shall
not
be
required
to
file
a
financial
2
statement
or
be
assumed
to
have
a
financial
interest
3
if
the
annual
income
derived
from
the
investment
4
in
stocks,
bonds,
bills,
notes,
mortgages,
or
other
5
securities
offered
for
sale
through
recognized
6
financial
brokers
is
less
than
one
thousand
dollars.
7
Disclosures
required
under
this
rule
shall
be
for
8
the
year
preceding
the
year
in
which
the
election
is
to
9
be
held.
All
filings
under
this
rule
shall
be
open
to
10
public
inspection
in
the
office
of
the
secretary
of
the
11
senate
at
all
reasonable
times.
12
The
secretary
of
the
senate
shall
provide
13
information
to
persons
interested
in
becoming
14
candidates
for
senate
of
the
duty
to
file
financial
15
statements
under
this
rule
and
the
applicable
16
deadlines.
17
A
candidate
for
senate
who
fails
to
file
a
complete
18
financial
statement
with
the
secretary
of
senate
by
19
the
applicable
deadline
shall
be
fined
fifty
dollars,
20
payable
to
the
Iowa
senate
for
deposit
in
the
general
21
fund.
22
The
secretary
of
the
senate
may
refer
a
candidate
23
who
has
failed
to
file
a
complete
financial
statement
24
by
the
deadlines
established
under
this
code
of
ethics
25
two
or
more
consecutive
times
to
the
ethics
committee
26
and
the
committee
may
require
the
candidate
to
appear
27
before
the
committee.
28
BE
IT
FURTHER
RESOLVED,
That
Rule
15
of
the
Senate
29
Code
of
Ethics
for
the
Eighty-ninth
General
Assembly,
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as
adopted
during
the
2021
Session
in
Senate
Resolution
1
1,
is
amended
as
follows:
2
15.
COMPLAINTS.
Complaints
or
charges
against
any
3
senator
,
candidate
for
senate,
lobbyist,
or
any
client
4
of
a
lobbyist
shall
be
in
writing,
made
under
penalty
5
of
perjury,
and
filed
with
the
secretary
of
the
senate.
6
When
filed
with
the
secretary
of
the
senate,
the
7
secretary
shall
immediately
advise
the
chairperson
of
8
the
ethics
committee
of
the
receipt
of
the
complaint.
9
Complaint
forms
shall
be
available
from
the
10
secretary
of
the
senate,
or
the
chairperson
of
the
11
ethics
committee,
but
a
complaint
shall
not
be
rejected
12
for
failure
to
use
an
approved
form
if
the
complaint
13
substantially
complies
with
senate
requirements.
14
A
complainant
may
submit
exhibits
and
affidavits
15
attached
to
the
complaint.
16
BE
IT
FURTHER
RESOLVED,
That
Rule
16,
paragraph
17
“a”
of
the
Senate
Code
of
Ethics
for
the
Eighty-ninth
18
General
Assembly,
as
adopted
during
the
2021
Session
in
19
Senate
Resolution
1,
is
amended
as
follows:
20
a.
Persons
entitled.
Complaints
may
be
filed
by
21
any
person
believing
that
a
senator,
candidate
for
22
senate,
lobbyist,
or
client
of
a
lobbyist
has
violated
23
the
senate
ethics
code,
the
joint
rules
governing
24
lobbyists,
or
chapter
68B
,
as
applicable
.
A
violation
25
of
the
criminal
law
may
be
considered
to
be
a
violation
26
of
this
code
of
ethics
if
the
violation
constitutes
a
27
serious
misdemeanor
or
greater,
or
a
repetitive
and
28
flagrant
violation
of
the
law.
29
BE
IT
FURTHER
RESOLVED,
That
Rule
19,
paragraph
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“f”,
subparagraph
(2)
of
the
Senate
Code
of
Ethics
for
1
the
Eighty-ninth
General
Assembly,
as
adopted
during
2
the
2021
Session
in
Senate
Resolution
1,
is
amended
as
3
follows:
4
(2)
That
the
senator,
candidate
for
senate,
5
lobbyist,
or
client
of
a
lobbyist
be
censured
or
6
reprimanded,
and
recommend
the
appropriate
form
of
7
censure
or
reprimand.
8
BE
IT
FURTHER
RESOLVED,
That
Rule
20
of
the
Senate
9
Code
of
Ethics
for
the
Eighty-ninth
General
Assembly,
10
as
adopted
during
the
2021
Session
in
Senate
Resolution
11
1,
is
amended
as
follows:
12
20.
COMMITTEE
AUTHORIZED
TO
MEET.
The
senate
13
ethics
committee
is
authorized
to
meet
at
the
14
discretion
of
the
chairperson
to
conduct
hearings
and
15
other
business
that
properly
may
come
before
it.
If
16
the
committee
submits
a
report
seeking
senate
action
17
against
a
senator,
candidate
for
senate,
lobbyist,
or
18
client
of
a
lobbyist
after
the
second
regular
session
19
of
a
general
assembly
has
adjourned
sine
die,
the
20
report
shall
be
submitted
to
and
considered
by
the
21
subsequent
general
assembly.
However,
the
report
22
may
be
submitted
to
and
considered
during
any
special
23
session
which
may
take
place
after
the
second
regular
24
session
of
a
general
assembly
has
adjourned
sine
die,
25
but
before
the
convening
of
the
next
general
assembly.
26
BE
IT
FURTHER
RESOLVED,
That
Rule
21,
paragraph
27
“b”
of
the
Senate
Code
of
Ethics
for
the
Eighty-ninth
28
General
Assembly,
as
adopted
during
the
2021
Session
in
29
Senate
Resolution
1,
is
amended
as
follows:
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b.
Form
and
contents
of
requests.
A
request
for
1
a
formal
advisory
opinion
shall
be
in
writing
and
2
may
pertain
to
any
subject
matter
that
is
related
3
to
the
application
of
the
senate
code
of
ethics,
the
4
joint
rules
governing
lobbyists,
or
chapter
68B
to
5
any
person
who
is
subject
to
the
authority
of
the
6
ethics
committee.
Requests
shall
contain
one
or
7
more
specific
questions
and
shall
relate
either
to
8
future
conduct
or
be
stated
in
the
hypothetical.
A
9
request
for
an
advisory
opinion
shall
not
specifically
10
name
any
individual
or
contain
any
other
specific
11
identifying
information,
unless
the
request
relates
12
to
the
requester’s
own
conduct.
However,
any
request
13
may
contain
information
which
identifies
the
kind
14
of
individual
who
may
be
affected
by
the
subject
15
matter
of
the
request.
Examples
of
this
latter
kind
16
of
identifying
information
may
include
references
17
to
conduct
of
a
category
of
individuals,
such
as
but
18
not
limited
to
conduct
of
legislators,
legislative
19
staff,
candidates
for
senate,
lobbyists,
or
clients
of
20
lobbyists.
21
BE
IT
FURTHER
RESOLVED,
That
Rules
23,
24,
and
25
of
22
the
Senate
Code
of
Ethics
for
the
Eighty-ninth
General
23
Assembly,
as
adopted
during
the
2021
Session
in
Senate
24
Resolution
1,
are
amended
as
follows:
25
23.
COMPLAINT
FILING
FORM.
The
following
form
26
shall
be
used
to
file
a
complaint
under
these
rules:
27
THE
SENATE
28
Ethics
Complaint
Form
29
Re:
______________________________
(Senator/
Candidate
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for
Senate/
Lobbyist/Client
of
Lobbyist),
of
1
_____________________,
Iowa.
2
I,
________________________
(Complainant),
residing
3
at
____________________,
in
the
City
of
______________,
4
State
of
________________________,
hereby
complain
5
that
_____________________________
(Senator/
Candidate
6
for
Senate/
Lobbyist/Client
of
Lobbyist),
whose
address
7
is
___________________________________________,
has
8
violated
the
Senate
Code
of
Ethics,
chapter
68B,
or
9
Joint
Rules
Governing
Lobbyists
in
that:
10
(Explain
the
basis
for
the
complaint
here.
Use
11
additional
pages,
if
necessary.)
12
Under
penalty
of
perjury,
I
certify
that
the
above
13
complaint
is
true
and
correct
as
I
verily
believe.
14
___________________________
15
Signature
of
Complainant
16
SUBSCRIBED
AND
AFFIRMED
to
before
me
this
__________
17
day
of
________________________,
_______.
18
________________________________
19
Notary
Public
in
and
for
the
20
State
of
______________________
21
24.
COMPLAINT
NOTICE
FORM.
The
following
form
22
shall
be
used
for
notice
of
a
complaint
under
these
23
rules:
24
STATE
OF
IOWA
25
THE
SENATE
26
COMMITTEE
ON
ETHICS
)
27
IOWA
STATE
SENATE
)
28
)
29
On
The
Complaint
Of
)
NOTICE
OF
COMPLAINT
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)
1
___________________________
)
2
)
3
And
Involving
)
4
)
5
___________________________
)
6
)
7
TO
________________________________,
8
Senator
or
Candidate
for
Senate
or
Lobbyist
or
9
Client
of
Lobbyist
named
above:
10
You
are
hereby
notified
that
there
is
now
on
file
11
with
the
Secretary
of
the
Senate,
State
Capitol,
Des
12
Moines,
Iowa,
a
complaint
which
alleges
that
you
have
13
committed
a
violation
of
the
Senate’s
Code
of
Ethics,
14
chapter
68B,
or
Joint
Rules
Governing
Lobbyists.
15
A
copy
of
the
complaint
and
the
Senate
rules
for
16
processing
the
same
are
attached
hereto
and
made
a
part
17
of
this
notice.
18
You
are
further
notified
and
requested
to
file
your
19
written
answer
to
the
complaint
within
ten
days
of
the
20
date
upon
which
the
notice
was
caused
to
be
delivered
21
to
you,
(date)
________________________,
________.
22
Your
answer
is
to
be
filed
with
the
Secretary
of
the
23
Senate,
State
Capitol,
Des
Moines,
Iowa.
24
Dated
this
________
day
of
________________,
______.
25
________________________________
26
Chairperson,
Senate
Ethics
27
Committee,
28
or
Secretary
of
the
Senate
29
25.
HEARING
NOTICE
FORM.
The
following
form
shall
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be
used
for
notice
of
a
hearing
under
these
rules:
1
STATE
OF
IOWA
2
THE
SENATE
3
COMMITTEE
ON
ETHICS
)
4
IOWA
STATE
SENATE
)
5
)
6
On
The
Complaint
Of
)
NOTICE
OF
HEARING
7
)
8
___________________________
)
9
)
10
And
Involving
)
11
)
12
___________________________
)
13
)
14
TO
________________________________,
15
Senator
or
Candidate
for
Senate
or
Lobbyist
or
16
Client
of
Lobbyist
named
above:
17
You
are
hereby
notified
that
there
is
now
on
file
18
with
the
Secretary
of
the
Senate,
State
Capitol,
Des
19
Moines,
Iowa,
a
complaint
which
alleges
that
you
have
20
committed
a
violation
of
the
Senate’s
Code
of
Ethics,
21
chapter
68B,
or
Joint
Rules
Governing
Lobbyists.
22
A
copy
of
the
complaint
and
the
Senate
rules
for
23
processing
the
same
are
attached
hereto
and
made
a
part
24
of
this
notice.
25
You
are
further
notified
that,
after
preliminary
26
review,
the
committee
has
caused
a
public
hearing
to
be
27
scheduled
on
(date)___________________,
________,
at
28
(hour)
___________
(a.m.)
(p.m.),
in
Room
____,
State
29
Capitol,
Des
Moines,
Iowa.
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At
the
hearing,
you
will
have
the
right
to
appear
1
in
person,
be
represented
by
legal
counsel
at
your
own
2
expense,
present
statements
and
evidence,
and
examine
3
and
cross-examine
witnesses.
The
committee
shall
4
not
be
bound
by
formal
rules
of
evidence,
but
shall
5
receive
relevant
evidence,
subject
to
limitations
on
6
repetitiveness.
Any
evidence
taken
shall
be
under
7
oath.
8
The
committee
may
continue
the
hearing
to
a
future
9
date
if
necessary
for
appropriate
reasons
or
purposes.
10
You
are
further
notified
that
the
committee
will
11
receive
such
evidence
and
take
such
action
as
warranted
12
by
the
evidence.
13
Dated
this
_____
day
of
________________,
______.
14
________________________________
15
Chairperson,
Senate
Ethics
16
Committee,
17
or
Secretary
of
the
Senate
18
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