Bill Text: IA HR4 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A resolution relating to the code of ethics of the House of Representatives for the Eighty-seventh General Assembly. (Formerly HSB 64.)Adopted by House.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2017-02-14 - Resolution adopted. H.J. 292. [HR4 Detail]

Download: Iowa-2017-HR4-Introduced.html

House Resolution 4 - Introduced

PAG LIN




                    HOUSE RESOLUTION NO.    
                       BY  COMMITTEE ON ETHICS
  1  1 A Resolution relating to the code of ethics of the
  1  2    House of Representatives for the Eighty=seventh
  1  3    General Assembly.
  1  4    BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, That
  1  5 the House Code of Ethics shall be as follows:
  1  6    HOUSE CODE OF ETHICS
  1  7    PREAMBLE.  Every legislator and legislative employee
  1  8 has a duty to uphold the integrity and honor of the
  1  9 general assembly, to encourage respect for the law
  1 10 and for the general assembly, and to observe the house
  1 11 code of ethics. The members and employees of the house
  1 12 have a responsibility to conduct themselves so as to
  1 13 reflect credit on the general assembly, and to inspire
  1 14 the confidence, respect, and trust of the public. The
  1 15 following rules are adopted pursuant to chapter 68B of
  1 16 the Code, to assist the members and employees in the
  1 17 conduct of their activities:
  1 18    1.  DEFINITIONS.  The definitions of terms provided
  1 19 in chapter 68B of the Code apply to the use of those
  1 20 terms in these rules.
  1 21    2.  ECONOMIC INTEREST OF MEMBER OR EMPLOYEE OF
  1 22 HOUSE.
  1 23    a.  Economic or investment opportunity. A member
  1 24 or employee of the house shall not solicit or accept
  1 25 economic or investment opportunity under circumstances
  1 26 where the member or employee knows, or should know,
  1 27 that the opportunity is being afforded with the intent
  2  1 to influence the member's or employee's conduct in
  2  2 the performance of official duties. If a member
  2  3 or employee of the house learns that an economic
  2  4 or investment opportunity previously accepted was
  2  5 offered with the intent of influencing the member's or
  2  6 employee's conduct in the performance of the official
  2  7 duties, the member or employee shall take steps to
  2  8 divest that member or employee of that investment or
  2  9 economic opportunity, and shall report the matter
  2 10 in writing to the chairperson of the house ethics
  2 11 committee.
  2 12    b.  Excessive charges for services, goods, or
  2 13 property interests. A member or employee of the
  2 14 house shall not charge to or accept from a person
  2 15 known to have a legislative interest, a price, fee,
  2 16 compensation, or other consideration for the sale or
  2 17 lease of any property or the furnishing of services
  2 18 which is in excess of that which the member or employee
  2 19 would ordinarily charge another person.
  2 20    c.  Use of confidential information. A member or
  2 21 employee of the house, in order to further the member's
  2 22 or employee's own economic interests, or those of any
  2 23 other person, shall not disclose or use confidential
  2 24 information acquired in the course of the member's or
  2 25 employee's official duties. For the purpose of this
  2 26 rule, information disclosed in open session at a public
  2 27 meeting and information that is a public record is not
  2 28 confidential information.
  2 29    d.  Employment. A member or employee of the house
  2 30 shall not accept employment, either directly or
  3  1 indirectly, from a political action committee. A
  3  2 member of the house shall not act as a paid lobbyist
  3  3 for any organization. However, this paragraph shall
  3  4 not prohibit a member or employee of the house from
  3  5 working for a candidate's committee, a political
  3  6 party's action committee, or a political action
  3  7 committee which does not expressly advocate the
  3  8 nomination, election, or defeat of a candidate for
  3  9 public office in this state or expressly advocate the
  3 10 passage or defeat of a ballot issue in this state and
  3 11 which is not interested in issues before the general
  3 12 assembly.
  3 13    For the purpose of this rule, a political action
  3 14 committee means a committee, but not a candidate's
  3 15 committee, which accepts contributions, makes
  3 16 expenditures, or incurs indebtedness in the aggregate
  3 17 of more than seven hundred fifty one thousand dollars
  3 18 in any one calendar year to expressly advocate the
  3 19 nomination, election, or defeat of a candidate for
  3 20 public office or to expressly advocate the passage
  3 21 or defeat of a ballot issue or for the purpose of
  3 22 influencing legislative action.
  3 23    e.  Solicitation of employment as lobbyist. A member
  3 24 or employee of the house shall not solicit employment
  3 25 on behalf of the member or employee, or on behalf of
  3 26 another legislator or employee, as a lobbyist while the
  3 27 general assembly is in session.
  3 28    f.  Certain goods or services. A member or employee
  3 29 of the house shall not solicit or obtain goods or
  3 30 services from another person under circumstances where
  4  1 the member or employee knows or should know that the
  4  2 goods or services are being offered or sold with the
  4  3 intent to influence the member's or employee's conduct
  4  4 in the performance of official duties. If a member
  4  5 or employee of the house is afforded goods or services
  4  6 by another person at a price that is not available to
  4  7 other members or classes of members of the general
  4  8 public or is afforded goods or services that are not
  4  9 available to other members or classes of members
  4 10 of the general public by another person where the
  4 11 member or employee knows or should know that the other
  4 12 person intends to influence the member's or employee's
  4 13 official conduct, the member or employee shall not take
  4 14 or purchase the goods or services.
  4 15    3.  APPEARANCE BEFORE STATE AGENCY.  A member or
  4 16 employee of the house may appear before a state agency
  4 17 in any representation case but shall not act as a
  4 18 lobbyist with respect to the passage, defeat, approval,
  4 19 veto, or modification of any legislation, rule, or
  4 20 executive order. Whenever a member or employee of
  4 21 the house appears before a state agency, the member
  4 22 or employee shall carefully avoid all conduct which
  4 23 might in any way lead members of the general public
  4 24 to conclude that the member or employee is using the
  4 25 member's or employee's official position to further the
  4 26 member's or employee's professional success or personal
  4 27 financial interest.
  4 28    4.  CONFLICTS OF INTEREST.  In order for the general
  4 29 assembly to function effectively, members of the house
  4 30 may be required to vote on bills and participate in
  5  1 committee work which will affect their employment and
  5  2 other areas in which they may have a monetary interest.
  5  3 Action on bills and committee work which furthers a
  5  4 member's specific employment, specific investment, or
  5  5 other specific interest, as opposed to the interests of
  5  6 the public in general or the interests of a profession,
  5  7 trade, business, or other class of persons, shall be
  5  8 avoided. In making a decision relative to a member's
  5  9 activity on particular bills or in committee work, the
  5 10 following factors should be considered:
  5 11    a.  Whether a substantial threat to the member's
  5 12 independence of judgment has been created by the
  5 13 conflict situation.
  5 14    b.  The effect of the member's participation on
  5 15 public confidence in the integrity of the general
  5 16 assembly.
  5 17    c.  Whether the member's participation is likely to
  5 18 have any significant effect on the disposition of the
  5 19 matter.
  5 20    d.  The need for the member's particular
  5 21 contribution, such as special knowledge of the subject
  5 22 matter, to the effective functioning of the general
  5 23 assembly.
  5 24    If a member decides not to participate in committee
  5 25 work or to abstain from voting because of a possible
  5 26 conflict of interest, the member should disclose
  5 27 this fact to the legislative body. The member shall
  5 28 not vote on any question in which the member has an
  5 29 economic interest that is distinguishable from the
  5 30 interests of the general public or a substantial class
  6  1 of persons.
  6  2    5.  STATUTORY REQUIREMENTS.  Members and employees
  6  3 of the house shall comply with the requirements
  6  4 contained in chapters 68B (Government Ethics and
  6  5 Lobbying), 721 (Official Misconduct), and 722 (Bribery
  6  6 and Corruption), and sections 2.18 (Contempt) and 711.4
  6  7 (Extortion) of the Code.
  6  8    6.  CHARGE ACCOUNTS.  Members and employees of the
  6  9 house shall not charge any amount or item to a charge
  6 10 account to be paid for by a lobbyist or any client of a
  6 11 lobbyist.
  6 12    7.  TRAVEL EXPENSES.  A member or employee of the
  6 13 house shall not charge to the state of Iowa amounts
  6 14 for travel and expenses unless the member or employee
  6 15 actually has incurred those mileage and expense costs.
  6 16 Members or employees shall not file the vouchers for
  6 17 weekly mileage reimbursement required by section 2.10,
  6 18 subsection 1 of the Code, unless the travel expense was
  6 19 actually incurred.
  6 20    A member or employee of the house shall not file
  6 21 a claim for per diem compensation for a meeting of
  6 22 an interim study committee or a visitation committee
  6 23 unless the member or employee attended the meeting.
  6 24 However, the speaker may waive this provision and allow
  6 25 a claim to be filed if the member or employee attempted
  6 26 to attend the meeting but was unable to do so because
  6 27 of circumstances beyond the member's or  employee's
  6 28 control.
  6 29    8.  GIFTS ACCEPTED OR RECEIVED.  Members and
  6 30 employees of the house shall comply with the
  7  1 restrictions relating to the receipt or acceptance
  7  2 of gifts contained in section 68B.22 of the Code.
  7  3 The sponsor of a function under section 68B.22,
  7  4 subsection 4, paragraph "s", shall electronically
  7  5 file a registration with the chief clerk of the house
  7  6 five days prior to the function disclosing the name of
  7  7 the sponsor, and the date, time, and location of the
  7  8 function.  The sponsor shall also electronically file a
  7  9 report of expenditures as required pursuant to section
  7 10 68B.22, subsection 4, paragraph "s".
  7 11    9.  HONORARIA RESTRICTIONS.  Members and employees
  7 12 of the house shall comply with the restrictions
  7 13 relating to the receipt of honoraria contained in
  7 14 section 68B.23 of the Code.
  7 15    10.  DISCLOSURE REQUIRED.  Each member of the
  7 16 house and the chief clerk of the house shall file the
  7 17 personal financial disclosure statements required under
  7 18 section 68B.35 of the Code by February 15 of each year
  7 19 for the prior calendar year.
  7 20    11.  SEXUAL HARASSMENT.  Members and employees of
  7 21 the house shall not engage in conduct which constitutes
  7 22 sexual harassment as defined in section 19B.12 of
  7 23 the Code or pursuant to the sexual harassment policy
  7 24 adopted by the house committee on administration and
  7 25 rules.
  7 26    12.  COMPLAINTS.
  7 27    a.  Filing of complaint. Complaints may be filed by
  7 28 any person believing that a member or employee of the
  7 29 house, a lobbyist, or a client of a lobbyist is guilty
  7 30 of a violation of the house code of ethics, the joint
  8  1 rules governing lobbyists, or chapter 68B of the Code.
  8  2    b.  Complaints by committee. The ethics committee
  8  3 may initiate a complaint on its own motion. Committee
  8  4 complaints may be initiated by the committee as a
  8  5 result of a committee investigation or as a result of
  8  6 receipt of any complaint or other information that does
  8  7 not meet the requirements of these rules regarding the
  8  8 form of a complaint but that contains allegations that
  8  9 would form the basis for a valid complaint.
  8 10    c.  Form and contents of complaint. A complaint
  8 11 shall be in writing.
  8 12    Complaint forms shall be available from the chief
  8 13 clerk of the house, but a complaint shall not be
  8 14 rejected for failure to use the approved form if it
  8 15 complies with the requirements of these rules. The
  8 16 complaint shall contain a certification made by the
  8 17 complainant, under penalty of perjury, that the facts
  8 18 stated in the complaint are true to the best of the
  8 19 complainant's knowledge.
  8 20    To be valid, a complaint shall allege all of the
  8 21 following:
  8 22    (1)  Facts, that if true, establish a violation of
  8 23 a provision of chapter 68B of the Code, the house code
  8 24 of ethics, or joint rules governing lobbyists for which
  8 25 penalties or other remedies are provided.
  8 26    (2)  That the conduct providing the basis for the
  8 27 complaint occurred within three years of the filing of
  8 28 the complaint.
  8 29    (3)  That the party charged with a violation is
  8 30 a party subject to the jurisdiction of the ethics
  9  1 committee.
  9  2    d.  Confidentiality of complaint. The identity of
  9  3 the parties and the contents of the complaint shall
  9  4 be confidential until the time that the committee
  9  5 chairperson and ranking member determine under
  9  6 paragraph "f" that the complaint is sufficient as
  9  7 to form, unless either the complainant or the party
  9  8 charged in the complaint makes the identity of the
  9  9 parties, or the information contained in the complaint,
  9 10 public. The chief clerk of the house and the committee
  9 11 chairperson and ranking member may communicate
  9 12 confidentially with appropriate legislative staff
  9 13 during any stage of the complaint process.
  9 14    e.  Notice of complaint. Upon receipt of the
  9 15 complaint, the chief clerk of the house shall promptly
  9 16 notify the chairperson and ranking member of the
  9 17 ethics committee that a complaint has been filed and
  9 18 provide both the chairperson and the ranking member
  9 19 with copies of the complaint and any supporting
  9 20 information. Within two working days, the chief clerk
  9 21 shall send notice, either by personal delivery or by
  9 22 certified mail, return receipt requested, to the person
  9 23 or persons alleged to have committed the violation,
  9 24 along with a copy of the complaint and any supporting
  9 25 information. The notice to the accused person shall
  9 26 contain a request that the person submit a written
  9 27 response to the complaint within ten working days of
  9 28 the date that the notice was sent by the chief clerk.
  9 29 At the request of the accused person, the committee may
  9 30 extend the time for the response, not to exceed ten
 10  1 additional calendar days. A response to a complaint
 10  2 shall not be confidential.
 10  3    f.  Hearing regarding validity of complaint. The
 10  4 committee chairperson and the ranking member shall
 10  5 review the complaint and supporting information to
 10  6 determine whether the complaint meets the requirements
 10  7 as to form. If the complaint is deficient as to form,
 10  8 the complaint shall be returned to the complainant
 10  9 with instructions indicating the deficiency. If the
 10 10 complaint is in writing, is sufficient as to form,
 10 11 and contains the appropriate certification, as soon
 10 12 as practicable, the chairperson shall call a meeting
 10 13 of the committee to review the complaint to determine
 10 14 whether the complaint meets the requirements for
 10 15 validity and whether the committee should take action
 10 16 on the complaint pursuant to paragraph "g" or whether
 10 17 the committee should request that the chief justice
 10 18 of the supreme court appoint an independent special
 10 19 counsel to conduct an investigation to determine
 10 20 whether probable cause exists to believe that a
 10 21 violation of the house code of ethics, joint rules
 10 22 governing lobbyists, or chapter 68B of the Code, has
 10 23 occurred. The sufficiency as to form determination
 10 24 and the valid complaint requirements determination
 10 25 shall be based solely upon the original complaint and
 10 26 the response to the complaint.  Additional documents
 10 27 or responses shall not be filed by the parties or
 10 28 otherwise considered by the committee prior to a
 10 29 validity determination.  The committee shall not
 10 30 receive or consider oral testimony in support of or
 11  1 against a validity determination.
 11  2    If the committee finds that a complaint does not
 11  3 meet the content requirements for a valid complaint,
 11  4 the committee shall dismiss the complaint and notify
 11  5 both the complainant and the party alleged to have
 11  6 committed the violation of the dismissal and the
 11  7 reasons for dismissal. A dismissal for failure to meet
 11  8 the formal requirements for the filing of a complaint
 11  9 shall be without prejudice and the complainant may
 11 10 refile the complaint at any time within three years
 11 11 of the date that the alleged violation took place. If
 11 12 the dismissal is based upon a failure to allege facts
 11 13 and circumstances necessary for a valid complaint, the
 11 14 dismissal shall be with prejudice and the party shall
 11 15 not be permitted to file a complaint based upon the
 11 16 same facts and circumstances.
 11 17    g.  Action on undisputed complaint. If the committee
 11 18 determines a complaint is valid and determines no
 11 19 dispute exists between the parties regarding the
 11 20 material facts that establish a violation, the
 11 21 committee may take action on the complaint under this
 11 22 paragraph without requesting the appointment of an
 11 23 independent special counsel.
 11 24    The committee may do any of the following:
 11 25    (1)  Issue an admonishment to advise against the
 11 26 conduct that formed the basis for the complaint and to
 11 27 exercise care in the future.
 11 28    (2)  Issue an order to cease and desist the conduct
 11 29 that formed the basis for the complaint.
 11 30    (3)  Make a recommendation to the house that
 12  1 the person subject to the complaint be censured or
 12  2 reprimanded.
 12  3    h.  Request for appointment of independent special
 12  4 counsel. If, after review of the complaint and any
 12  5 response made by the party alleged to have committed
 12  6 the violation, the committee determines that the
 12  7 complaint meets the requirements for form and content
 12  8 and the committee has not taken action under paragraph
 12  9 "g", the committee shall request that the chief justice
 12 10 of the supreme court appoint independent special
 12 11 counsel to investigate the matter and determine whether
 12 12 probable cause exists to believe that a violation of
 12 13 chapter 68B of the Code, the house code of ethics, or
 12 14 the joint rules governing lobbyists has occurred.
 12 15    i.  Receipt of report of independent special counsel.
 12 16 The report from the independent special counsel
 12 17 regarding probable cause to proceed on a complaint
 12 18 shall be filed with the chief clerk of the house.
 12 19 Upon receipt of the report of the independent special
 12 20 counsel, the chief clerk shall notify the chairperson
 12 21 of the filing of the report and shall send copies of
 12 22 the report to the members of the ethics committee. As
 12 23 soon as practicable after the filing of the report, the
 12 24 chairperson shall schedule a public meeting for review
 12 25 of the report. The purpose of the public meeting
 12 26 shall be to determine whether the complaint should be
 12 27 dismissed, whether a formal hearing should be held on
 12 28 the complaint, or whether other committee action is
 12 29 appropriate. The complainant and the person alleged to
 12 30 have committed the violation shall be given notice of
 13  1 the public meeting, shall have the right to be present
 13  2 at the public meeting, and may, at the discretion
 13  3 of the committee, present testimony in support of or
 13  4 against the recommendations contained in the report.
 13  5    If the committee determines that the matter should
 13  6 be dismissed, the committee shall cause an order to
 13  7 be entered dismissing the matter and notice of the
 13  8 dismissal shall be given to the complainant and the
 13  9 party alleged to have committed the violation. If
 13 10 the committee determines that the complaint should be
 13 11 scheduled for formal hearing, the committee shall issue
 13 12 a charging statement which contains the charges and
 13 13 supporting facts that are to be set for formal hearing
 13 14 and notice shall be sent to the complainant and the
 13 15 accused person.
 13 16    The notice shall include a statement of the nature
 13 17 of the charge or charges, a statement of the time and
 13 18 place of hearing, a short and plain statement of the
 13 19 facts asserted, and a statement of the rights of the
 13 20 accused person at the hearing.
 13 21    j.  Formal hearing. Formal hearings shall be public
 13 22 and conducted in the manner provided in section 68B.31,
 13 23 subsection 8 of the Code. At a formal hearing the
 13 24 accused shall have the right to be present and to
 13 25 be heard in person and by counsel, to cross=examine
 13 26 witnesses, and to present evidence. Members of
 13 27 the committee shall also have the right to question
 13 28 witnesses.
 13 29    The committee may require, by subpoena or otherwise,
 13 30 the attendance and testimony of witnesses and the
 14  1 production of such books, records, correspondence,
 14  2 memoranda, papers, documents, and any other things it
 14  3 deems necessary to the conduct of the inquiry.
 14  4    Evidence at the formal hearing shall be received
 14  5 in accordance with rules and procedures applicable to
 14  6 contested cases under chapter 17A of the Code.
 14  7    The committee chairperson, or the vice chairperson
 14  8 or ranking member in the absence of the chairperson,
 14  9 shall preside at the formal hearing and shall rule on
 14 10 the admissibility of any evidence received. The ruling
 14 11 of the chairperson may be overturned by a majority
 14 12 vote of the committee. Independent special counsel
 14 13 shall present the evidence in support of the charge
 14 14 or charges. The burden shall be on the independent
 14 15 special counsel to prove the charge or charges by
 14 16 a preponderance of clear and convincing evidence.
 14 17 Upon completion of the formal hearing, the committee
 14 18 shall adopt written findings of fact and conclusions
 14 19 concerning the merits of the charges and make its
 14 20 report and recommendation to the house.
 14 21    k.  Disqualification of member.  Members of the
 14 22 committee may disqualify themselves from participating
 14 23 in any investigation of the conduct of another person
 14 24 upon submission of a written statement that the member
 14 25 cannot render an impartial and unbiased decision
 14 26 in a case.  A member may also be disqualified by a
 14 27 unanimous vote of the remaining eligible members of the
 14 28 committee.
 14 29    A member of the committee is ineligible to
 14 30 participate in committee meetings, as a member of the
 15  1 committee, in any proceeding relating to the member's
 15  2 own official conduct.
 15  3    If a member of the committee is disqualified or
 15  4 ineligible to act, the majority or minority leader who
 15  5 appointed the member shall appoint a replacement member
 15  6 to serve as a member of the committee during the period
 15  7 of disqualification or ineligibility.
 15  8    l.  Recommendations by the committee. The committee
 15  9 shall recommend to the house that the complaint be
 15 10 dismissed, or that one or more of the following be
 15 11 imposed:
 15 12    (1)  That the member or employee of the house
 15 13 or lobbyist or client of a lobbyist be censured or
 15 14 reprimanded, and the recommended appropriate form of
 15 15 censure or reprimand be used.
 15 16    (2)  That the member of the house be suspended or
 15 17 expelled from membership in the house and required
 15 18 to forfeit the member's salary for that period, the
 15 19 employee of the house be suspended or dismissed from
 15 20 employment, or that the lobbyist's or lobbyist's
 15 21 client's lobbying privileges be suspended.
 15 22    13.  COMMUNICATIONS WITH ETHICS COMMITTEE.  After a
 15 23 complaint has been filed or an investigation has been
 15 24 initiated, a party to the complaint or investigation
 15 25 shall not communicate, or cause another to communicate,
 15 26 as to the merits of the complaint or investigation with
 15 27 a member of the committee, except under the following
 15 28 circumstances:
 15 29    a.  During the course of any meetings or other
 15 30 official proceedings of the committee regarding the
 16  1 complaint or investigation.
 16  2    b.  In writing, if a copy of the writing is
 16  3 delivered to the adverse party or the designated
 16  4 representative for the adverse party.
 16  5    c.  Orally, if adequate prior notice of the
 16  6 communication is given to the adverse party or the
 16  7 designated representative for the adverse party.
 16  8    d.  As otherwise authorized by statute, the house
 16  9 code of ethics, joint rules governing lobbyists, or
 16 10 vote of the committee.
 16 11    14.  PERMANENT RECORD.  The chief clerk of the house
 16 12 shall maintain a permanent record of all complaints
 16 13 filed and any corresponding committee action. The
 16 14 permanent record shall be prepared by the ethics
 16 15 committee and shall contain the date the complaint was
 16 16 filed, name and address of the complainant, name and
 16 17 address of the accused person, a brief statement of the
 16 18 charges made, any evidence received by the committee,
 16 19 any transcripts or recordings of committee action, and
 16 20 ultimate disposition of the complaint.  Beginning with
 16 21 the 2017 Regular Session of the General Assembly, in
 16 22 recording the ultimate disposition of a complaint that
 16 23 is dismissed, the information shall include whether
 16 24 the complaint was dismissed due to formal insufficiency
 16 25 or due to a failure to meet the content requirements
 16 26 of a valid complaint. Except as provided in rule
 16 27 12, paragraph "d", the chief clerk shall keep each
 16 28 complaint confidential until public disclosure is made
 16 29 by the ethics committee.
 16 30    15.  MEETING AUTHORIZATION.  The house ethics
 17  1 committee is authorized to meet at the discretion of
 17  2 the committee chairperson in order to conduct hearings
 17  3 and other business that properly may come before it.
 17  4 If the committee submits a report seeking house action
 17  5 against a member or employee of the house or lobbyist
 17  6 after the second regular session of a general assembly
 17  7 has adjourned sine die, the report shall be submitted
 17  8 to and considered by the subsequent general assembly.
 17  9    16.  ADVISORY OPINIONS.
 17 10    a.  Requests for formal opinions. A request for a
 17 11 formal advisory opinion may be filed by any person who
 17 12 is subject to the authority of the ethics committee.
 17 13 The ethics committee may also issue a formal advisory
 17 14 opinion on its own motion, without having previously
 17 15 received a formal request for an opinion, on any issue
 17 16 that is within the jurisdiction of the committee.
 17 17 Requests shall be filed with either the chief clerk of
 17 18 the house or the chairperson of the ethics committee.
 17 19    b.  Form and contents of requests. A request for
 17 20 a formal advisory opinion shall be in writing and
 17 21 may pertain to any subject matter that is related to
 17 22 application of the house code of ethics, the joint
 17 23 rules governing lobbyists, or chapter 68B of the
 17 24 Code to any person who is subject to the authority of
 17 25 the ethics committee. Requests shall contain one or
 17 26 more specific questions and shall relate either to
 17 27 future conduct or be stated in the hypothetical. A
 17 28 request for an advisory opinion shall not specifically
 17 29 name any individual or contain any other specific
 17 30 identifying information, unless the request relates
 18  1 to the requester's own conduct. However, any request
 18  2 may contain information which identifies the kind
 18  3 of individual who may be affected by the subject
 18  4 matter of the request. Examples of this latter kind
 18  5 of identifying information may include references to
 18  6 conduct of a category of individuals, such as but not
 18  7 limited to conduct of legislators, legislative staff,
 18  8 or lobbyists.
 18  9    c.  Confidentiality of formal requests and opinions.
 18 10 Requests for formal opinions are not confidential and
 18 11 any deliberations of the committee regarding a request
 18 12 for a formal opinion shall be public. Opinions issued
 18 13 in response to requests for formal opinions are not
 18 14 confidential, shall be in writing, and shall be placed
 18 15 on file in the office of the chief clerk of the house.
 18 16 Persons requesting formal opinions shall personally
 18 17 receive a copy of the written formal opinion that is
 18 18 issued in response to the request.
 18 19    17.  PERSONAL FINANCIAL DISCLOSURE FORM.  The
 18 20 following form shall be used for disclosure of economic
 18 21 interests under these rules and section 68B.35 of the
 18 22 Code:
 18 23    STATEMENT OF ECONOMIC INTERESTS
 18 24    Name:_________________________________________________
 18 25 (Last)          (First)          (Middle Initial)
 18 26    Address:______________________________________________
 18 27 (Street Address, Apt.#/P.O. Box)
 18 28 ______________________________________________
 18 29 (City)(State)(Zip)
 18 30    Phone:(Home)_____/____=_____(Business)_____/____=_____
 19  1 ******************************************************
 19  2    This form is due each year on or before February 15.
 19  3 The reporting period is the most recently completed
 19  4 calendar year. An amended form shall be filed if a
 19  5 change in business, occupation, or profession reported
 19  6 in Division I of the form has occurred. The amended
 19  7 form shall include the date the change took effect and
 19  8 must be filed within thirty days of the first day of
 19  9 the change in employment or engagement necessitating
 19 10 the amended form. If the date of the change occurs
 19 11 between January 1 and February 15, the change shall be
 19 12 included in the filing due February 15.
 19 13    In completing Division III of this form, if your
 19 14 percentage of ownership of an asset is less than 100
 19 15 percent, multiply your percentage of ownership by the
 19 16 total revenue produced to determine if you have reached
 19 17 the $1,000 threshold.
 19 18    Do not report income received by your spouse or
 19 19 other family members.
 19 20    In completing this form, if insufficient space is
 19 21 provided for your answer, you may attach additional
 19 22 information/answers on full=size sheets of paper.
 19 23    Division I.  Business, Occupation, or Profession.
 19 24    List each business, occupation, or profession in
 19 25 which you are engaged, the nature of the business if
 19 26 not evident, and your position or job title. No income
 19 27 threshold or time requirement applies.
 19 28    Examples:
 19 29    If you are employed by an individual, state the name
 19 30 of the individual employer, the nature of the business,
 20  1 and your position.
 20  2    If you are self=employed and are not incorporated
 20  3 or are not doing business under a particular business
 20  4 name, state that you are self=employed, the nature of
 20  5 the business, and your position.
 20  6    If you own your own corporation, are employed by a
 20  7 corporation, or are doing business under a particular
 20  8 business name, state the name and nature of the
 20  9 business or corporation and your position.
 20 10    1_____________________________________________________
 20 11    2_____________________________________________________
 20 12    3_____________________________________________________
 20 13    4_____________________________________________________
 20 14    5_____________________________________________________
 20 15    6_____________________________________________________
 20 16    Division II.  Commissions from Sales of Goods or
 20 17 Services to Political Subdivisions.
 20 18    This part is to be completed only by Legislators.
 20 19 If you received income in the form of a commission
 20 20 from the sale of goods or services to a political
 20 21 subdivision, state the name of the purchasing political
 20 22 subdivision. The amount of commission earned is not
 20 23 required to be listed.
 20 24    1_____________________________________________________
 20 25    2_____________________________________________________
 20 26    3_____________________________________________________
 20 27    4_____________________________________________________
 20 28    5_____________________________________________________
 20 29    6_____________________________________________________
 20 30    Division III.  Sources of Gross Income.
 21  1 In each one of the following categories list each
 21  2 source which produces more than $1,000 in annual gross
 21  3 income, if the revenue produced by the source was
 21  4 subject to federal or state income taxes last year.
 21  5 List the nature or type of each company, business,
 21  6 financial institution, corporation, partnership, or
 21  7 other entity which produces more than $1,000 of annual
 21  8 gross income. Neither the amount of income produced
 21  9 nor value of the holding is required to be listed in
 21 10 any of the items.
 21 11    A.  Securities:  State the nature of the business of
 21 12 any company in which you hold stock, bonds, or other
 21 13 pecuniary interests that generate more than $1,000
 21 14 in annual gross income. Income generated by multiple
 21 15 holdings in a single company are deemed received from a
 21 16 single source.
 21 17    ______________________________________________________
 21 18    ______________________________________________________
 21 19    ______________________________________________________
 21 20    ______________________________________________________
 21 21    ______________________________________________________
 21 22    ______________________________________________________
 21 23    B.  Instruments of Financial Institutions:  State
 21 24 the types of institutions in which you hold financial
 21 25 instruments, such as certificates of deposit, savings
 21 26 accounts, etc., that produce annual gross income in
 21 27 excess of $1,000, e.g., banks, savings and loans, or
 21 28 credit unions.
 21 29    ______________________________________________________
 21 30    ______________________________________________________
 22  1 ______________________________________________________
 22  2    ______________________________________________________
 22  3    ______________________________________________________
 22  4    ______________________________________________________
 22  5    C.  Trusts:  State the nature or type of any trust
 22  6 from which you receive more than $1,000 of gross income
 22  7 annually.
 22  8    ______________________________________________________
 22  9    ______________________________________________________
 22 10    ______________________________________________________
 22 11    ______________________________________________________
 22 12    ______________________________________________________
 22 13    ______________________________________________________
 22 14    D.  Real Estate:  State the general nature of real
 22 15 estate interests that generate more than $1,000 of
 22 16 gross income annually, e.g., residential leasehold
 22 17 interest or farm leasehold interest. The size or
 22 18 location of the property interest is not required to be
 22 19 listed.
 22 20    ______________________________________________________
 22 21    ______________________________________________________
 22 22    ______________________________________________________
 22 23    ______________________________________________________
 22 24    ______________________________________________________
 22 25    ______________________________________________________
 22 26    E.  Retirement Systems:  State the name of each
 22 27 pension plan or other corporation or company that pays
 22 28 you more than $1,000 annually in retirement benefits.
 22 29    ______________________________________________________
 22 30    ______________________________________________________
 23  1 ______________________________________________________
 23  2    ______________________________________________________
 23  3    ______________________________________________________
 23  4    ______________________________________________________
 23  5    F.  Other Income Categories Specified in State and
 23  6 Federal Income Tax Regulations.
 23  7    ______________________________________________________
 23  8    ______________________________________________________
 23  9    ______________________________________________________
 23 10    ______________________________________________________
 23 11    ______________________________________________________
 23 12    _______________________________________    ___________
 23 13    (Signature of Filer)                          (Date)
       LSB 1730HV (1) 87
       tm/rj
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