Iowa 2019-2020 Regular Session Status: Passed Senate

SR 2 — A resolution relating to the Senate Code of Ethics governing the conduct of members of the Senate in relation to their senatorial duties during the Eighty-eighth General Assembly. (Formerly SSB 1092.)

Last action — Resolution adopted, as amended.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

717 added · 710 removed

717 line(s) added, 710 removed.

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Senate Resolution 2 - Introduced SENATE RESOLUTION NO.
Senate Resolution 2 - Reprinted SENATE RESOLUTION NO.
2 BY COMMITTEE ON ETHICS (SUCCESSOR TO SSB 1092) A Resolution relating to the Senate Code of Ethics governing the conduct of members of the Senate in relation to their senatorial duties during the Eighty-eighth General Assembly.
2 BY COMMITTEE ON ETHICS (SUCCESSOR TO SSB 1092) (As Amended and Passed by the Senate February 13, 2019) ______ and [ = New Language by the Senate A Resolution relating to the Senate Code of Ethics governing the conduct of members of the Senate in relation to their senatorial duties during the Eighty-eighth General Assembly.
Recognizing that service in the Iowa general assembly is a part-time endeavor and that members of the general assembly are honorable individuals who are active in the affairs of their localities and elsewhere and that it is necessary that they maintain a livelihood and source of income apart from their legislative compensation, the following rules are adopted pursuant to section 68B.31, to assist the LSB 1432SV (1) 88 -1- jh/tm 1/25 S.R.
Recognizing that service in the Iowa general assembly is a part-time endeavor and that members of the general assembly are honorable individuals who are active in the affairs of their localities and elsewhere and that it is necessary that they maintain a livelihood and source of income apart from their SR 2 (2) 88 -1- jh/tm/mb 1/25 S.R.
2 members in the conduct of their legislative affairs.
2 legislative compensation, the following rules are adopted pursuant to section 68B.31, to assist the members in the conduct of their legislative affairs.
A senator in order to further the senator’s own economic or other interests, or those of any other person, shall not disclose or use confidential information acquired in the course of official duties.
A senator in order to further the senator’s own economic or other interests, or those of any other person, shall not disclose or use confidential information acquired in SR 2 (2) 88 -2- jh/tm/mb 2/25 S.R.
2 the course of official duties.
A senator shall not accept an LSB 1432SV (1) 88 -2- jh/tm 2/25 S.R.
A senator shall not accept an honorarium from a restricted donor for a speech, writing for publication, or other similar activity, except as otherwise provided in section 68B.23.
2 honorarium from a restricted donor for a speech, writing for publication, or other similar activity, except as otherwise provided in section 68B.23.
For the purpose of this rule, a political action committee means a committee, but not a candidate’s committee, which accepts contributions, makes expenditures, or incurs indebtedness in the aggregate of more than one thousand dollars in any one calendar year to expressly advocate the nomination, election, or defeat of a candidate for public office or to expressly advocate the passage or defeat of a ballot issue or influencing legislative action, or an association, lodge, society, cooperative, union, fraternity, sorority, educational institution, civic organization, labor organization, religious organization, or LSB 1432SV (1) 88 -3- jh/tm 3/25 S.R.
For the purpose of this rule, a political action committee means a committee, but not a candidate’s committee, which accepts contributions, makes expenditures, or incurs indebtedness in the aggregate of more than one thousand dollars in any one calendar year to expressly advocate the nomination, election, or defeat of a candidate for public office or to expressly advocate the passage or defeat of a ballot issue or influencing legislative action, or an association, lodge, society, cooperative, union, fraternity, SR 2 (2) 88 -3- jh/tm/mb 3/25 S.R.
2 professional organization which makes contributions in the aggregate of more than one thousand dollars in any one calendar year to expressly advocate the nomination, election, or defeat of a candidate for public office or ballot issue or influencing legislative action.
2 sorority, educational institution, civic organization, labor organization, religious organization, or professional organization which makes contributions in the aggregate of more than one thousand dollars in any one calendar year to expressly advocate the nomination, election, or defeat of a candidate for public office or ballot issue or influencing legislative action.
In making a decision relative to the senator’s activity on given bills or committee work which are subject to the code, the following factors shall be considered:
In making a decision relative to the senator’s activity on given bills or committee work which are subject to the SR 2 (2) 88 -4- jh/tm/mb 4/25 S.R.
2 code, the following factors shall be considered:
Whether a substantial threat to the senator’s LSB 1432SV (1) 88 -4- jh/tm 4/25 S.R.
Whether a substantial threat to the senator’s independence of judgment has been created by the conflict situation.
2 independence of judgment has been created by the conflict situation.
A senator shall not be required to file a report or be assumed to have a financial interest if the annual income derived from the investment in stocks, bonds, bills, notes, mortgages, or other securities offered LSB 1432SV (1) 88 -5- jh/tm 5/25 S.R.
A senator shall not be required to file a report or be assumed to have a financial interest if the annual SR 2 (2) 88 -5- jh/tm/mb 5/25 S.R.
2 for sale through recognized financial brokers is less than one thousand dollars.
2 income derived from the investment in stocks, bonds, bills, notes, mortgages, or other securities offered for sale through recognized financial brokers is less than one thousand dollars.
SR 2 (2) 88 -6- jh/tm/mb 6/25 S.R.
2 12B.
DISCRIMINATION —— HARASSMENT —— ABUSE.
As provided and defined in the personnel guidelines of the Iowa Senate, a senator shall not engage in any act of discrimination, harassment, or abuse of any person.
Senators shall not charge any amount or item to any charge account to be paid for by LSB 1432SV (1) 88 -6- jh/tm 6/25 S.R.
Senators shall not charge any amount or item to any charge account to be paid for by any lobbyist or any client the lobbyist represents.
2 any lobbyist or any client the lobbyist represents.
Complaints or charges against any senator or any lobbyist shall be in writing, made under oath, and filed with the secretary of the senate or the chairperson of the ethics committee.
Complaints or charges against any senator or any lobbyist shall be in writing, made under oath penalty of perjury, and filed with the secretary of the senate or the chairperson of the ethics committee.
If filed with the secretary of the senate, the secretary shall immediately advise the chairperson of the ethics committee of the receipt of the complaint.
If When filed with the secretary of the senate, the secretary shall immediately advise the chairperson of the ethics committee of the receipt of the complaint.
16.
SR 2 (2) 88 -7- jh/tm/mb 7/25 S.R.
2 16.
A violation of the criminal law may be considered to be a violation of this code of ethics if the violation LSB 1432SV (1) 88 -7- jh/tm 7/25 S.R.
A violation of the criminal law may be considered to be a violation of this code of ethics if the violation constitutes a serious misdemeanor or greater, or a repetitive and flagrant violation of the law.
2 constitutes a serious misdemeanor or greater, or a repetitive and flagrant violation of the law.
Upon receipt of a complaint, the chairperson and ranking member of the ethics committee shall determine whether the complaint substantially complies with the requirements of this code of ethics and section 68B.31, subsection 6.
Upon receipt of a complaint, the chairperson and ranking member of the SR 2 (2) 88 -8- jh/tm/mb 8/25 S.R.
If the complaint does not substantially comply with the requirements for formal sufficiency under the code of ethics, the complaint may be returned to the complainant with a statement that the complaint is not LSB 1432SV (1) 88 -8- jh/tm 8/25 S.R.
2 ethics committee shall determine whether the complaint substantially complies with the requirements of this code of ethics and section 68B.31, subsection 6.
2 in compliance with the code and a copy of the code.
If the complaint does not substantially comply with the requirements for formal sufficiency under the code of ethics, the complaint may be returned to the complainant with a statement that the complaint is not in compliance with the code and a copy of the code.
(4) Request a more specific statement of the allegation or allegations.
(4) Request a more specific statement of the SR 2 (2) 88 -9- jh/tm/mb 9/25 S.R.
2 allegation or allegations.
In addition to the items which may be included in a response pursuant to paragraph “b”, the response may also include an objection to the participation of any member of the committee in the consideration of the allegation or allegations on the grounds that the member cannot LSB 1432SV (1) 88 -9- jh/tm 9/25 S.R.
In addition to the items which may be included in a response pursuant to paragraph “b”, the response may also include an objection to the participation of any member of the committee in the consideration of the allegation or allegations on the grounds that the member cannot render an impartial and unbiased decision.
2 render an impartial and unbiased decision.
If a complaint is not otherwise made public, the members of the committee and legislative staff assigned to the ethics committee shall treat the complaint and all supporting information as confidential until the written response is received from the respondent.
If a complaint is not otherwise made public by the complainant , the members of the committee and legislative staff assigned to the ethics committee shall treat the complaint and all supporting information as confidential until the written response is received from the respondent.
(2) In writing, if a copy of the writing is delivered to the adverse party or the designated representative for the adverse party.
(2) In writing, if a copy of the writing is SR 2 (2) 88 -10- jh/tm/mb 10/25 S.R.
2 delivered to the adverse party or the designated representative for the adverse party.
(4) As otherwise authorized by statute, the senate code of ethics, the joint rules governing lobbyists, or LSB 1432SV (1) 88 -10- jh/tm 10/25 S.R.
(4) As otherwise authorized by statute, the senate code of ethics, the joint rules governing lobbyists, or vote of the committee.
2 vote of the committee.
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(c) Make a recommendation to the senate that the person subject to the complaint be censured or reprimanded.
(c) Make a recommendation to the senate that SR 2 (2) 88 -11- jh/tm/mb 11/25 S.R.
(4) Request that the chief justice of the supreme court appoint an independent special counsel to conduct an investigation of the complaint and supporting information, to make a determination of probable cause, and to report the findings to the committee, which LSB 1432SV (1) 88 -11- jh/tm 11/25 S.R.
2 the person subject to the complaint be censured or reprimanded.
2 shall be received within a reasonable time.
(4) Request that the chief justice of the supreme court appoint an independent special counsel to conduct an investigation of the complaint and supporting information, to make a determination of probable cause, and to report the findings to the committee, which shall be received within a reasonable time.
Any evidence taken shall be under oath.
Any evidence taken shall be under SR 2 (2) 88 -12- jh/tm/mb 12/25 S.R.
2 oath.
LSB 1432SV (1) 88 -12- jh/tm 12/25 S.R.
c.
2 c.
At the hearing, the chairperson shall open the hearing by stating the charges, the purpose of the hearing, and its scope.
At the hearing, the chairperson shall open the hearing by stating the charges, the purpose of SR 2 (2) 88 -13- jh/tm/mb 13/25 S.R.
2 the hearing, and its scope.
The chairperson shall also permit questioning by legal counsel representing the complainant or LSB 1432SV (1) 88 -13- jh/tm 13/25 S.R.
The chairperson shall also permit questioning by legal counsel representing the complainant or respondent.
2 respondent.
By appropriate resolution, the senate may amend, adopt, or reject the report of the ethics committee, including the committee’s recommendations regarding disciplinary action.
By appropriate resolution, the senate may amend, adopt, or reject the report of the ethics committee, including the committee’s recommendations regarding disciplinary SR 2 (2) 88 -14- jh/tm/mb 14/25 S.R.
2 action.
If the committee submits a report seeking senate action against a senator, lobbyist, or client of a lobbyist LSB 1432SV (1) 88 -14- jh/tm 14/25 S.R.
If the committee submits a report seeking senate action against a senator, lobbyist, or client of a lobbyist after the second regular session of a general assembly has adjourned sine die, the report shall be submitted to and considered by the subsequent general assembly.
2 after the second regular session of a general assembly has adjourned sine die, the report shall be submitted to and considered by the subsequent general assembly.
A request for a formal advisory opinion shall be in writing and may pertain to any subject matter that is related to the application of the senate code of ethics, the joint rules governing lobbyists, or chapter 68B of the Code to any person who is subject to the authority of the ethics committee.
A request for a formal advisory opinion shall be in writing and may pertain to any subject matter that is related to the application of the senate code of ethics, the joint rules governing lobbyists, or chapter 68B of the SR 2 (2) 88 -15- jh/tm/mb 15/25 S.R.
2 Code to any person who is subject to the authority of the ethics committee.
A request for an advisory opinion shall not specifically name any individual or contain any other specific identifying information, unless the request relates LSB 1432SV (1) 88 -15- jh/tm 15/25 S.R.
A request for an advisory opinion shall not specifically name any individual or contain any other specific identifying information, unless the request relates to the requester’s own conduct.
2 to the requester’s own conduct.
For purposes of these rules, unless the context otherwise requires, the word “day” or “days” shall mean a calendar day except that if the day is the last day of a specific time period and falls upon a Saturday, Sunday, or legal holiday, the time prescribed shall be extended so as to include the whole of the next day in which the offices of the senate and the general assembly are open for official business.
For purposes of these rules, unless the context otherwise requires, the word “day” or “days” shall mean a calendar day except that if the day is the last day of a specific time period and falls upon a Saturday, Sunday, or legal SR 2 (2) 88 -16- jh/tm/mb 16/25 S.R.
2 holiday, the time prescribed shall be extended so as to include the whole of the next day in which the offices of the senate and the general assembly are open for official business.
THE SENATE LSB 1432SV (1) 88 -16- jh/tm 16/25 S.R.
THE SENATE Ethics Complaint Form Re:
2 Ethics Complaint Form Re:
________________________________ Notary Public in and for the State of ______________________ 24.
________________________________ Notary Public in and for the State of ______________________ SR 2 (2) 88 -17- jh/tm/mb 17/25 S.R.
2 24.
STATE OF IOWA THE SENATE COMMITTEE ON ETHICS ) IOWA STATE SENATE ) LSB 1432SV (1) 88 -17- jh/tm 17/25 S.R.
STATE OF IOWA THE SENATE COMMITTEE ON ETHICS ) IOWA STATE SENATE ) ) On The Complaint Of ) NOTICE OF COMPLAINT ) ___________________________ ) ) And Involving ) ) ___________________________ ) ) TO ________________________________, Senator or Lobbyist or Client of Lobbyist named above:
2 ) On The Complaint Of ) NOTICE OF COMPLAINT ) ___________________________ ) ) And Involving ) ) ___________________________ ) ) TO ________________________________, Senator or Lobbyist or Client of Lobbyist named above:
You are further notified and requested to file your written answer to the complaint within ten days of the date upon which the notice was caused to be delivered to you, (date) ________________________, ________.
You are further notified and requested to file your written answer to the complaint within ten days of the date upon which the notice was caused to be delivered SR 2 (2) 88 -18- jh/tm/mb 18/25 S.R.
2 to you, (date) ________________________, ________.
________________________________ Chairperson, Senate Ethics Committee, LSB 1432SV (1) 88 -18- jh/tm 18/25 S.R.
________________________________ Chairperson, Senate Ethics Committee, or Secretary of the Senate 25.
2 or Secretary of the Senate 25.
You are hereby notified that there is now on file with the Secretary of the Senate, State Capitol, Des Moines, Iowa, a complaint which alleges that you have committed a violation of the Senate’s Code of Ethics, chapter 68B, or Joint Rules Governing Lobbyists.
You are hereby notified that there is now on file with the Secretary of the Senate, State Capitol, Des Moines, Iowa, a complaint which alleges that you have committed a violation of the Senate’s Code of Ethics, SR 2 (2) 88 -19- jh/tm/mb 19/25 S.R.
2 chapter 68B, or Joint Rules Governing Lobbyists.
You are further notified that, after preliminary review, the committee has caused a public hearing to be scheduled on (date)___________________, ________, at LSB 1432SV (1) 88 -19- jh/tm 19/25 S.R.
You are further notified that, after preliminary review, the committee has caused a public hearing to be scheduled on (date)___________________, ________, at (hour) ___________ (a.m.) (p.m.), in Room ____, State Capitol, Des Moines, Iowa.
2 (hour) ___________ (a.m.) (p.m.), in Room ____, State Capitol, Des Moines, Iowa.
STATEMENT OF ECONOMIC INTERESTS Name:________________________________________________ (Last) (First) (Middle Initial) Address:_____________________________________________ (Street Address, Apt.#/P.O.
SR 2 (2) 88 -20- jh/tm/mb 20/25 S.R.
Box) ______________________________________________ (City) (State) (Zip) LSB 1432SV (1) 88 -20- jh/tm 20/25 S.R.
2 STATEMENT OF ECONOMIC INTERESTS Name:________________________________________________ (Last) (First) (Middle Initial) Address:_____________________________________________ (Street Address, Apt.#/P.O.
2 Phone:(Home) ____/____-_____(Business) ____/____-_____ ****************************************************** a.
Box) ______________________________________________ (City) (State) (Zip) Phone:(Home) ____/____-_____(Business) ____/____-_____ ****************************************************** a.
The descriptions in this paragraph should correspond by number to the numbers for each of the businesses, occupations, or professions listed in paragraph “a”.
The SR 2 (2) 88 -21- jh/tm/mb 21/25 S.R.
2 descriptions in this paragraph should correspond by number to the numbers for each of the businesses, occupations, or professions listed in paragraph “a”.
If you indicated, for example, that you were a salesperson in subparagraph (1) of paragraph “a”, you should list in subparagraph (1) of this paragraph the types of goods or services sold in this LSB 1432SV (1) 88 -21- jh/tm 21/25 S.R.
If you indicated, for example, that you were a salesperson in subparagraph (1) of paragraph “a”, you should list in subparagraph (1) of this paragraph the types of goods or services sold in this item.
2 item.
For purposes of this item, a source produces gross annual income if the revenue produced by the source is subject to federal or state income taxes.
For purposes of this item, SR 2 (2) 88 -22- jh/tm/mb 22/25 S.R.
In completing this item, it is not necessary to list the name of the company, business, financial institution, corporation, partnership, or other entity which constitutes the source of the income and the amount or value of the holding should not be LSB 1432SV (1) 88 -22- jh/tm 22/25 S.R.
2 a source produces gross annual income if the revenue produced by the source is subject to federal or state income taxes.
2 listed.
In completing this item, it is not necessary to list the name of the company, business, financial institution, corporation, partnership, or other entity which constitutes the source of the income and the amount or value of the holding should not be listed.
______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ (3) Trusts (The name of the particular trust need not be listed.
______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ SR 2 (2) 88 -23- jh/tm/mb 23/25 S.R.
2 ______________________________________________________ (3) Trusts (The name of the particular trust need not be listed.
______________________________________________________ LSB 1432SV (1) 88 -23- jh/tm 23/25 S.R.
______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ (4) Real Estate (When listing real estate, it is not necessary to list the location of the property, but the general nature of the real estate interest should be indicated, e.g., residential leasehold interest or farm leasehold interest.):
2 ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ (4) Real Estate (When listing real estate, it is not necessary to list the location of the property, but the general nature of the real estate interest should be indicated, e.g., residential leasehold interest or farm leasehold interest.):
______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ (6) Other Income Categories Specified in State or Federal Income Tax Regulations (List description of other sources of income producing over one thousand dollars in annual income not previously reported above, but which must be reported for income tax purposes.):
______________________________________________________ ______________________________________________________ ______________________________________________________ SR 2 (2) 88 -24- jh/tm/mb 24/25 S.R.
LSB 1432SV (1) 88 -24- jh/tm 24/25 S.R.
2 ______________________________________________________ ______________________________________________________ (6) Other Income Categories Specified in State or Federal Income Tax Regulations (List description of other sources of income producing over one thousand dollars in annual income not previously reported above, but which must be reported for income tax purposes.):
2 ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ _______________________________ ___________________ (Signature of filer) (Date) LSB 1432SV (1) 88 -25- jh/tm 25/25
______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ _______________________________ ___________________ (Signature of filer) (Date) SR 2 (2) 88 -25- jh/tm/mb 25/25
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Amendments

1 amendment

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Action History

  1. Resolution adopted, as amended.

  2. Amendment S-3003 adopted.

  3. Amendment S-3003 filed.

  4. Committee report, approving bill.

  5. Resolution filed, placed on calendar.

Sponsors

  • COMMITTEE ON ETHICS · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 149 not signed on

Sponsors (1)

  • COMMITTEE ON ETHICS

Co-sponsors (0)

None.

Not signed on (149)

149 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

civil-rights
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Frequently asked questions

Who sponsors SR 2?
SR 2 is sponsored by COMMITTEE ON ETHICS.
What is the current status of SR 2?
This bill died with 2019-2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SR 2?
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