reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 6 - Executive Branch Ethics › Rule 351-6.10 - Prohibition on Sales; When Public Bids Required-disclosure of Income

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code section
				68B.3,
				an official or employee shall not sell, in any one occurrence, goods or
				services having a value in excess of $2,000 to a state agency unless the sale
				is made pursuant to an award or contract let after public notice and
				competitive bidding and the official or employee making the sale files Form
				Public Bid with the board within 20 days of making the sale. This prohibition
				includes sales to the state agency in which the official or employee serves or
				is employed.
(1)
Exceptions.
The prohibition in Iowa Code section
			 68B.3
			 and this rule shall not apply to any of the following:
a. Sales of goods or services done as part of
			 the official's or employee's state duties.
b. Sales of goods or services by a member of
			 a board or commission to state executive branch agencies or subunits of
			 departments or independent agencies that are not the subunit of the department
			 or independent agency in which the person serves or are not a subunit of a
			 department or independent agency with which the person has substantial and
			 regular contact as part of the person's duties. "Board" and "commission" as
			 used in this rule mean the same as defined in Iowa Code section
			 7E.4.
c. The publication of resolutions,
			 advertisements, or other legal propositions or notices in newspapers designated
			 by law for the publication of such materials and for which publication rates
			 are fixed by law.
d. Instruction at
			 an accredited educational institution if the official or employee meets the
			 minimum education and licensing requirements established for other instructors
			 at the educational institution.
e.
			 A contract for professional services that is exempt from competitive bidding
			 requirements under any provision in the Iowa Code or Iowa Administrative
			 Code.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 6 - Executive Branch Ethics › Rule 351-6.11 - Sales or Leases by Regulatory Agency Officials or Employees

Current through Register Vol. 47, No. 3, July 24, 2024
An official or employee of a regulatory agency shall not
				directly or indirectly sell or lease any goods, real estate, or services to
				individuals, associations, or corporations subject to the regulatory authority
				of the official's or employee's agency except as provided by Iowa Code section
				68B.4 and this rule. This prohibition does not apply to sales or leases that
				are part of the official's or employee's state duties.
(1)
Definitions.
For
			 purposes of this rule, the following definitions apply:
"Agency"
means a regulatory agency.
"Employee"
means an employee of an executive
				branch regulatory agency and does not include an independent contractor or an
				official.
"Official"
means a statewide elected official
				of a regulatory agency, an executive or administrative head or heads of a
				regulatory agency, a deputy executive or administrative head or heads of a
				regulatory agency, a member of a board or commission as defined under Iowa Code
				section
				7E.4,
				or a head of a major subunit of a regulatory agency whose position involves a
				substantial exercise of administrative discretion or the expenditure of public
				funds.
"Regulatory agency"
means the department of
				agriculture and land stewardship, department of workforce development,
				department of commerce, Iowa department of public health, department of public
				safety, department of education, state board of regents, department of human
				services, department of revenue, department of inspections and appeals,
				department of administrative services, public employment relations board, state
				department of transportation, civil rights commission, department of public
				defense, Iowa ethics and campaign disclosure board, and department of natural
				resources.
(2)
Request for consent.
An official's or employee's request for
			 an agency's consent to the sale or lease of goods, real estate, or services
			 shall comply with all of the following:
a. The
			 request shall be in writing and shall be filed with the official's or
			 employee's agency at least 20 calendar days in advance of the proposed sale or
			 lease of any goods, real estate, or services.
b. The request shall include all of the
			 following:
(1) The name of the individual,
			 association, or corporation to which the goods, real estate, or services are to
			 be sold or leased;
(2) The
			 relationship of the individual, association, or corporation to the
			 agency;
(3) A description of the
			 goods, real estate, or services;
(4) The date or dates that the goods, real
			 estate, or services will be delivered; and
(5) A statement by the official or employee
			 explaining how the proposed sale or lease of the goods, real estate, or
			 services will not violate the provisions of Iowa Code section
			 68B.4
			 or create a conflict of interest under Iowa Code section
			 68B.2A.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 6 - Executive Branch Ethics › Rule 351-6.12 - Sales or Leases by Members of the Office of the Governor

Current through Register Vol. 47, No. 3, July 24, 2024
A permanent full-time member of the office of the governor
				shall not directly or indirectly sell or lease any goods or services to
				registered lobbyists before the general assembly or the executive branch or to
				individuals, associations, or corporations that employ persons who are
				registered lobbyists before the general assembly or the executive branch except
				as provided in Iowa Code section
				68B.4B
				and this rule. This prohibition does not apply to sales or leases that are part
				of the member's state duties.
(1)
Request for consent. A
request submitted by a member of the
			 office of the governor for consent to sell or lease goods or services shall
			 comply with all of the following:
a. The
			 request shall be in writing and shall be filed at least 20 calendar days in
			 advance of the proposed sale or lease of any goods or services with the person
			 responsible for hiring or approving the hiring of the member
b. The request shall include all of the
			 following:
(1) The name of the lobbyist,
			 individual, association, or corporation to which the goods or services are to
			 be sold or leased;
(2) The
			 relationship of the lobbyist, individual, association, or corporation to the
			 office of the governor;
(3) A
			 description of the goods or services;
(4) The date or dates that the goods or
			 services will be delivered; and
(5)
			 A statement by the member explaining how the proposed sale or lease of the
			 goods or services will not violate the provisions of Iowa Code section
			 68B.4B
			 or create a conflict of interest imder Iowa Code section
			 68B.2A.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 6 - Executive Branch Ethics › Rule 351-6.14 - Engaging in Services Against the Interest of the State Prohibited

Current through Register Vol. 47, No. 3, July 24, 2024
Except for a member of a board or commission, no official or
				employee shall receive compensation in any form, or enter into any type of
				agreement to receive compensation in any form, to appear on behalf of any
				person or otherwise render services against the interest of the state except as
				set out in Iowa Code section
				68B.6
				and this rule. This prohibition relates to any case, proceeding, application,
				or other matter before any federal court, federal bureau, federal agency,
				federal commission, federal department, any agency of state government, or any
				court of the state of Iowa.
(1)
Definitions.
For purposes of this rule, the following
			 definitions apply:
"Board"
means a policy-making body that has
				the power to hear contested cases or a policy-making body that has powers for
				both rule making and hearing contested cases.
"Commission "
means a policy-making body that
				has rule-making powers.
(2)
Member of hoard or commission.
No member of a board or
			 commission shall receive compensation in any form, or enter into any type of
			 agreement to receive compensation in any form, to appear on behalf of any
			 person or otherwise render services against the interest of the state in
			 relation to any case, proceeding, application, or other matter before the
			 subunit of a state agency in which the member serves or is employed, or with
			 which the member has substantial and regular contact as part of the member's
			 state duties.
(3)
Exception
			 for attorney general and public defender
As provided in 2004 Iowa
			 Acts, Senate File 2179, sections I and 2, officials and employees carrying out
			 the official duties of the office of the attorney general or the office of the
			 state public defender are not subject to the provisions of Iowa Code section
			 68B.6
			 or this rule.
This rule is intended to implement Iowa Code section
				68B.6.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 6 - Executive Branch Ethics › Rule 351-6.19 - Prohibition on Receipt of an Honorarium

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code section
				68B.23, an
				official or employee shall not accept an honorarium from a restricted
				donor
(1)
Definitions.
For purposes of this rule, the following
			 definitions apply:
"Honorarium "
means a payment of compensation
				or the giving of anything of value to an official or employee in relation to a
				speaking engagement.
"Restricted donor"
means a person as defined
				in Iowa Code section
				68B.2(24).
(2)
Exceptions.
An official
			 or employee may receive and accept an honorarium provided that the honorarium
			 consists of:
a. Payment of actual expenses for
			 registration, food, beverages, travel, or lodging paid in return for
			 participation on a panel or for a speaking engagement at a meeting. The
			 expenses shall relate directly to the day or days on which the official or
			 employee has participation or speaking responsibilities.
b. Receipt of a nonmonetary item or a series
			 of nonmonetary items that the official or employee donates within 30 days of
			 receipt to any of the following:
(1) A public
			 body;
(2) A bona fide educational
			 or charitable organization; or
(3)
			 The department of administrative services. Items donated to the department of
			 administrative services shall be disposed of by assignment to state agencies
			 for official use or by public sale.
c. Payment to an official or employee for
			 services rendered as part of a bona fide private business, trade, or profession
			 in which the official or employee is engaged so long as both of the following
			 conditions are met:
(1) The payment is
			 commensurate with the actual services rendered; and
(2) The payment is being made due to a
			 special expertise or other qualification the recipient possesses separate from
			 the recipient's status as a public official or public employee.
(3)
Solicitation prohibited.
An official or employee shall not solicit, demand, or otherwise request an
			 honorarium from a restricted donor
This rule is intended to implement Iowa Code sections 68B.23
				and 68B.32A(13).
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 6 - Executive Branch Ethics › Rule 351-6.20 - Loans From Executive Branch Lobbyists Prohibited

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code section
				68B.24,
				officials, employees, and candidates for statewide office shall not directly or
				indirectly seek or accept a loan from a person who is an executive branch
				lobbyist.
(1)
Definitions.
For purposes of this rule, the following
			 definitions apply:
"Executive branch lobbyist"
means an
				individual who is registered as a lobbyist with the board or is an "executive
				branch lobbyist" as defined in rule
				351-8.2
				(68B).
"Loan "
means a sum of money upon agreement,
				express or implied, to be repaid with or without interest.
(2)
Offer of loan
			 prohibited.
An executive branch lobbyist shall not directly or
			 indirectly offer or make a loan to an official, an employee, or a candidate for
			 statewide office as prohibited in Iowa Code section
			 68B.24(2)
			  and rule
			 351-8.16
			 (68B).
(3)
Exceptions.
The prohibitions in Iowa Code section
			 68B.24
			 and this rule do not apply to a loan made in either of the following
			 circumstances:
a. A loan made in the ordinary
			 course of business. For purposes of Iowa Code section
			 68B.24
			 and this rule, "ordinary course of business" means the loan is made by a person
			 regularly engaged in a business that makes loans to members of the public, and
			 the finance charges and other terms of the loan are the same as or
			 substantially similar to the finance charges and loan terms that are available
			 to members of the public.
b. A loan
			 made to the campaign committee of a candidate for statewide office that is
			 subject to the campaign laws in Iowa Code chapter 68A.
This rule is intended to implement Iowa Code sections 68B.24
				and 68B.32A(13).
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 7 - Personal Financial Disclosure › Rule 351-7.1 - Filing Requirements and Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of filing.
All
			 persons who are required to file a personal financial disclosure statement
			 (Form PFD) with the board pursuant to Iowa Code section
			 68B.35(2)
			  shall file the statements with the board on
			 or before April 30 of each year following a year during which the person holds
			 a designated position, without regard to the length of time the position was
			 occupied by the person. A person who held a designated position who leaves that
			 position or state employment shall have a continuing obligation to file the
			 statement for any year or portion of a year in which the position was held
			 prior to termination.
(2)
Place of filing.
Form PFD shall be filed with the board
			 electronically using the board's Web site at
www.iowa.gov/ethics
.
(3)
Persons holding more than one
			 designated position. A
person who is required to file a personal
			 financial disclosure statement for more than one position shall be required to
			 file only one statement for the reporting year A member of the general assembly
			 who files a form with the secretary of the senate or the chief clerk of the
			 house shall not be required to file the form with the board for any designated
			 position held in the executive branch.
(4)
Electronic receipt.
The
			 board must receive electronically a filed Form PFD by 11:59 p.m. on April 30 of
			 each year If the due date falls on a weekend or holiday, the filing deadline
			 shall be extended to the first working day following the deadline.
(5)
Period covered.
Information shall be filed on Form PFD as designated by the board and shall
			 cover the calendar year immediately preceding the year due. However, a
			 statement filed by a person who has left a designated position during the
			 course of a year need only contain information covering the portion of that
			 year that has elapsed prior to the person's leaving the position.
(6)
Public record
Rescinded
			 lAB 9/15/04, effective 10/20/04.
This rule is intended to implement Iowa Code sections
				68B.32A(5), 68B.35 and 68B.35A.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 7 - Personal Financial Disclosure › Rule 351-7.2 - Information Disclosed on Form

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
For the purpose of completing Form PFD, "income
			 sources" includes those sources which are held jointly with one or more persons
			 and which in total generate more than $1000 of income. "Jointly" means that the
			 ownership of the income source is undivided among the owners and that all
			 owners have one and the same interest in an undivided possession, each with
			 full rights of use and enjoyment of the total income. Sources of income that
			 are co-owned but with ownership interests that are legally divisible, without
			 full rights of use of enjoyment of the total income, need not be reported
			 unless the person's portion of the income from that source exceeds
			 $1000.
(2)
Spousal
			 income.
For purposes of completing Form PFD, income earned solely by
			 the spouse of a person subject to reporting is not income to that person and
			 need not be reported as an income source.
This rule is intended to implement Iowa Code section
				68B.35.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 7 - Personal Financial Disclosure › Rule 351-7.3 - Procedure for Determining Persons Required to File With the Board-distribution of Forms

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Persons required by statute.
In order to determine which
			 persons in the executive branch are required by Iowa Code section
			 68B.35(2)
			  to file Form PFD, the board shall contact
			 each agency on an annual basis and provide notification of the statutory
			 requirement. This notification shall include the name and position title of
			 each person in the agency who filed Form PFD the previous year. Each agency, in
			 consultation with the board, shall then determine which persons are required to
			 file Form PFD for the next filing period and shall provide the board with the
			 appropriate names and position titles. The board shall have the final authority
			 to determine whether a position requires that a Form PFD be filed.
(2)
Boards, commissions, or
			 authorities not named in statute.
Pursuant to Iowa Code section
			 68B.35(2)
"e, "
on an annual basis
			 the board shall conduct a review to determine if a member of any other board,
			 commission, or authority not specifically named in Iowa Code section
			 68B.35(2)
			  "e" should file Form PFD. If the board
			 determines that Form PFD should be filed, the board shall by rule require a
			 Form PFD to be filed.
(3)
Statewide candidates. A
person who is a candidate for
			 statewide office shall electronically file Form PFD with the board by 11:59
			 p.m. on April 30 of the year the candidate appears on the ballot. If the due
			 date falls on a weekend or holiday, the filing deadline shall be extended to
			 the first working day following the deadline. Once nomination papers or an
			 affidavit of candidacy is filed, the board shall notify the person of the
			 requirement to file Form PFD. The notification shall be sent by first-class
			 mail or E-mail and shall include information on how to file Form PFD
			 electronically.
(4)
Statewide candidates in a special election. A
candidate for
			 statewide office in a special election shall electronically file Form PFD with
			 the board within ten days after the certification of the candidate's name as
			 the nominee under Iowa Code section
			 43.88.
			 Notification to a statewide candidate in a special election shall be sent by
			 first-class mail or E-mail and shall include information on how to file Form
			 PFD electronically.
(5)
Distribution of link.
The board shall provide each agency with
			 the link on the board's Web site at
www.iowa.gov/ethics
where forms shall be
			 filed electronically.
This rule is intended to implement Iowa Code sections
				68B.32A(5) and 68B.35.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 7 - Personal Financial Disclosure › Rule 351-7.5 - Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Penalties for late personal financial disclosure statements.
An individual holding a designated position in the executive branch who fails
			 to timely file Form PFD shall be subject to an automatic civil penalty
			 according to the following schedule:
Days Delinquent
Penalty Amount
1 to 14
$25
15 to 30
$50
31 and over
$100
(2)
Additional penalty.
If an individual holding a designated
			 position in the executive branch fails to file a personal financial disclosure
			 statement within 45 days of the required filing date, a contested case
			 proceeding may be held to determine whether or not a violation has occurred. If
			 after a contested case proceeding it is determined that a violation occurred,
			 the board may impose any of the actions under Iowa Code section
			 68B.32D.
			 Any action imposed under Iowa Code section
			 68B.32D
			 would be in addition to an automatically assessed penalty in subrule
			 7.5(1).
(3)
Failure to file
			 true statement.
It shall be considered a violation of Iowa Code
			 section
			 68B.35
			 for an individual holding a designated position in the executive branch to file
			 a disclosure statement containing false or fraudulent information. Complaints
			 concerning the filing of a false or fraudulent disclosure statement shall be
			 handled by the procedures in Iowa Code section
			 68B.32B. If
			 it is determined after a contested case proceeding that a false or fraudulent
			 disclosure statement was filed, the board may impose any of the actions under
			 Iowa Code section
			 68B.32D.
This rule is intended to implement Iowa Code sections
				68B.32A(9) and 68B.35.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 7 - Personal Financial Disclosure › Rule 351-7.6 - Requests for Waiver of Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
If an individual holding a designated position in the executive
				branch believes that mitigating circumstances prevented the timely filing of
				Form PFD, the individual may make a written request to the board for waiver of
				the penalty by filing a Petition for Waiver of Civil Penalty form. The request
				for waiver must be received by the board within 30 days of notification to the
				individual of the civil penalty assessment. Waivers may be granted only under
				exceptional or very unusual circumstances. The board will review the request
				and issue a waiver or denial of the request. If a waiver is granted, the board
				will determine how much of the penalty may be waived based on the
				circumstances.
This rule is intended to implement Iowa Code sections
				68B.32A(5)
				 and
				68B.32A(9).
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 7 - Personal Financial Disclosure › Rule 351-7.7 - Contested Case Challenge

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Request.
If the individual accepts administrative resolution
			 concerning a late-filed Form PFD through the payment of the assessed penalty,
			 the matter shall be closed. If the individual chooses to contest the board's
			 decision to deny the request or grant a partial waiver of an assessed penalty,
			 the individual shall make a written request for a contested case proceeding
			 within 30 days of being notified of the board's decision.
(2)
Procedure.
Upon timely
			 receipt of a request for a contested case proceeding, the board shall provide
			 for the issuance of a statement of charges and notice of hearing. The contested
			 case shall be conducted in accordance with the provisions of 351-Chapter II.
			 The burden shall be on the board's legal counsel to prove that a violation
			 occurred.
(3)
Failure to
			 request proceeding.
The failure to request a contested case proceeding
			 to contest the board's decision on a waiver request is a failure to exhaust
			 administrative remedies for purposes of seeking judicial review in accordance
			 with Iowa Code chapter 17A.
This rule is intended to implement Iowa Code sections
				68B.32A(9) and 68B.33.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 7 - Personal Financial Disclosure › Rule 351-7.8 - Payment of Penalty

Current through Register Vol. 47, No. 3, July 24, 2024
The remittance shall be made payable to the "State of Iowa
				General Fund" and forwarded to Iowa Ethics and Campaign Disclosure Board, 510
				East 12th Street, Suite I A, Des Moines, Iowa 50319. The remittance shall be
				deposited in the general fund of the state of Iowa. This rule is intended to
				implement Iowa Code section
				68B.32A(9).
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 7 - Personal Financial Disclosure › Rule 351-7.9 - Retention and Availability of Filed Forms

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Public record.
Forms
			 filed with the board are a public record and shall be available for inspection
			 and copying.
(2)
Internet
			 access.
Pursuant to Iowa Code section
			 68B.35A,
			 the board shall record a filed Form PFD on the board's Web site at
www.iowa.gov/ethics
. Filed forms shall be
			 accessible via the board's Web site for a period of at least five years from
			 the reporting due date.
This rule is intended to implement Iowa Code sections 68B.35
				and 68B.35A.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 8 - Executive Branch Lobbying › Rule 351-8.1 - Executive Branch Lobbying Defined

Current through Register Vol. 47, No. 3, July 24, 2024
"Executive branch lobbying" means acting directly to encourage
				the passage, defeat, approval, veto, or modification of legislation, a rule, or
				an executive order by a state agency or any statewide elected official. For
				purposes of this chapter, "state agency" does not include the legislative
				branch of state government.
This rule is intended to implement Iowa Code section
				68B.2(13).
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 8 - Executive Branch Lobbying › Rule 351-8.2 - Executive Branch Lobbyist Defined

Current through Register Vol. 47, No. 3, July 24, 2024
"Executive branch lobbyist" means an individual who by acting
				directly does at least one of the following:
1. Receives compensation for engaging in
			 executive branch lobbying.
2. Is a
			 designated representative of an organization that has as one of its purposes
			 engaging in executive branch lobbying.
3. Represents the position of a federal,
			 state, or local agency in which the person serves or is employed as the
			 representative designated to engage in executive branch lobbying.
4. Makes expenditures of more than $1,000 in
			 a calendar year to communicate in person for the purpose of engaging in
			 executive branch lobbying.
This rule is intended to implement Iowa Code section
				68B.2(13).
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 8 - Executive Branch Lobbying › Rule 351-8.3 - Individuals Not Considered Executive Branch Lobbyists

Current through Register Vol. 47, No. 3, July 24, 2024
The following individuals are not considered to be executive
				branch lobbyists:
1. Officials and
			 employees of a political party that is organized in the state of Iowa and that
			 meets the requirements of Iowa Code section
			 43.2, when the
			 officials and employees represent the political party in an official
			 capacity.
2. Representatives of the
			 news media only when engaged in the reporting and dissemination of news and
			 editorials.
3. All federal, state,
			 and local elected officials, while performing the duties and responsibilities
			 of office.
4. Individuals whose
			 activities are limited to appearances to give testimony or provide information
			 or assistance at public hearings of state agencies or who are giving testimony
			 or providing information or assistance at the request of public officials or
			 employees.
5. Members of the staff
			 of the United States Congress or the Iowa general assembly.
6. Agency officials and employees while they
			 are engaged in activities within the agency in which they serve or are employed
			 or with another agency within which an official's or employee's agency is
			 involved in a collaborative project.
7. An individual who is a member, director,
			 trustee, officer, or committee member of a business, trade, labor, farm,
			 professional, religious, education, or charitable association, foundation, or
			 organization who is not paid compensation and is not specifically designated as
			 an executive branch lobbyist.
8.
			 Individuals whose activities are limited to submitting data, views, or
			 arguments in writing, or requesting an opportunity to make an oral presentation
			 under Iowa Code section
			 17A.4(1).
9. Individuals whose activities are limited
			 to monitoring or following the progress of legislation, a rule, or an executive
			 order, but who do not engage in executive branch lobbying.
10. Individuals who represent a client in
			 responding to a request for proposal or otherwise receiving a contract or grant
			 from a state agency.
11.
			 Individuals who represent a client involved in a legal dispute with the state,
			 including a contested case proceeding.
12. Individuals advocating for or against the
			 appointment of a particular individual to a board or commission of the state.
Individuals who are uncertain as to whether or not they are
				considered executive branch lobbyists should contact the board for guidance
				prior to engaging in any executive branch lobbying. This rule is intended to
				implement Iowa Code section
				68B.2(13).
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 8 - Executive Branch Lobbying › Rule 351-8.4 - Executive Branch Lobbyist Client Defined

Current through Register Vol. 47, No. 3, July 24, 2024
"Executive branch lobbyist client" means a private person or a
				federal, state, or local governmental entity that pays compensation to or
				designates an individual to be a lobbyist before the executive branch.
This rule is intended to implement Iowa Code section
				68B.2(6).
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 8 - Executive Branch Lobbying › Rule 351-8.5 - Lobbyist Compensation Defined; Contingency Fee Lobbying Prohibited

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Lobbyist compensation defined.
"Lobbyist compensation" means
			 any money, thing of value, or financial benefit conferred in return for
			 engaging in executive branch lobbying.
(2)
Contingency fee lobbying
			 prohibited.
No person shall offer, nor shall any person accept,
			 compensation contingent upon the outcome of executive branch lobbying services
			 rendered or to be rendered. Complaints or information alleging a violation of
			 this subrule shall be filed with the board and governed by Iowa Code sections
			 68B.32B
			 through
			 68B.32D.
This rule is intended to implement Iowa Code section
				68B.2(7).
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 8 - Executive Branch Lobbying › Rule 351-8.7 - Lobbyist Registration Required

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of filing.
Any
			 individual engaging in executive branch lobbying activity shall register by
			 electronically filing an executive branch lobbyist registration statement with
			 the chief clerk of the house of representatives or the secretary of the senate
			 on or before the day the lobbying activity begins. Registration expires at the
			 end of the calendar year. Beginning December 1 of each year, a person may
			 preregister to lobby for the following calender year.
(2)
Place of filing.
Executive branch lobbyist registration statements shall be electronically filed
			 with the chief clerk of the house of representatives or the secretary of the
			 senate through the general assembly's website at
www.legis.iowa.gov/Lobbyist/reports.aspx
.
(3)
Amendment to
			 registration.
Any change or addition to the information in an
			 executive branch lobbyist's registration statement shall be filed with the
			 chief clerk of the house of representatives or the secretary of the senate
			 within ten days after the change or addition is made known to the lobbyist. The
			 lobbyist may file changes or additions by electronically filing an amended
			 registration statement.
(4)
Failure to timely file registration.
An individual who fails
			 to file an executive branch lobbyist registration statement before engaging in
			 executive branch lobbying activities in violation of Iowa Code section
			 68B.36
			 may be subject to sanctions by the board as permitted under Iowa Code chapter
			 68B or rule 351-9.4 (68B).
This rule is intended to implement Iowa Code section
				68B.36.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 8 - Executive Branch Lobbying › Rule 351-8.9 - Executive Branch Lobbyist Client Reporting

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Place of filing.
Executive branch lobbyist client reports shall be electronically filed with the
			 general assembly through the general assembly's website at
www,
			 legis.iowa.gov/Lobbyist/onlineFiling.aspx
.
(2)
Time of filing.
An
			 executive branch lobbyist client report shall be filed on or before July 31
			 unless the due date is extended by the general assembly.
This rule is intended to implement Iowa Code section
				68B.38.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 8 - Executive Branch Lobbying › Rule 351-8.10 - Session Function Registrations and Reports

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code section
				68B.22(4)
"s,"
a sponsor of a qualified function is required to file
				with the general assembly and the board a registration notice prior to the
				function and a report within 28 days of the function. The board will deem
				filings with the general assembly as acceptable filings with the board. The
				board will establish links on its website to the general assembly's website
				where the registration notices and reports are posted. The failure of a sponsor
				to timely file either a registration notice or a report may subject the sponsor
				to sanctions by the board as permitted under Iowa Code chapter 68B and rule
				351-9.4 (68B) separate from any
				sanctions imposed by the general assembly.
This rule is intended to implement Iowa Code sections
				68B.22(4)"5" and 68B.32A(5).
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 8 - Executive Branch Lobbying › Rule 351-8.11 - Penalties for Delinquent Reports

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Late client report.
An executive branch lobbyist client who
			 fails to file an executive branch lobbyist client report on or before the
			 required due date shall be subject to an automatic civil penalty according to
			 the following schedule:
Days Delinquent
Amount
1 to 14
$25
15 to 30
$50
31 and over
$100
(2)
Additional penalty.
If an executive branch lobbyist client
			 fails to file a required report or fails to file an accurate report, a
			 contested case proceeding may be held to determine whether a violation has
			 occurred. If, after a contested case proceeding, it is determined that a
			 violation occurred, the board may impose any of the actions under Iowa Code
			 section
			 68B.32D.
			 Any action so imposed would be in addition to the automatically assessed
			 penalty in this rule.
This rule is intended to implement Iowa Code sections
				68B.32A(5)and
				68B.32A(9).
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 8 - Executive Branch Lobbying › Rule 351-8.12 - Request for Waiver of Penalty

Current through Register Vol. 47, No. 3, July 24, 2024
An executive branch lobbyist client that believes there are
				mitigating circumstances that prevented the timely filing of a report may make
				a written request to the board for waiver of the penalty. The board must
				receive the request for waiver within 30 days of the executive branch lobbyist
				client's being notified of the civil penalty assessment by filing a Petition
				for Waiver of Civil Penalty form. Waivers will be granted only for exceptional
				or very unusual circumstances. The board will review the request and issue a
				waiver or denial of the request. If a waiver is granted, the board will
				determine how much of the penalty is waived based on the circumstances. If a
				denial or partial waiver is issued, the person shall promptly pay the assessed
				penalty or request a contested case proceeding pursuant to rule
				351-8.13 (68B) to appeal the
				board's decision.
This rule is intended to implement Iowa Code sections
				68B.32A(5)and
				68B.32A(9).
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 8 - Executive Branch Lobbying › Rule 351-8.13 - Contested Case Proceeding

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Request.
If an executive branch lobbyist client accepts
			 administrative resolution of a matter through the payment of an assessed civil
			 penalty, the matter shall be closed. If the person chooses to contest the
			 board's decision to deny a request or grant a partial waiver of an assessed
			 civil penalty, the person shall make a written request for a contested case
			 proceeding within 30 days of being notified of the board's decision.
(2)
Procedure.
Upon timely
			 receipt of a request for a contested case proceeding, the board shall provide
			 for the issuance of a statement of charges and notice of hearing. The hearing
			 shall be conducted in accordance with the provisions of Iowa Code section
			 68B.32C
			 and the board's rules. The burden shall be on the board's legal counsel to
			 prove that a violation occurred.
(3)
Failure to request a contested
			 case proceeding.
The failure to request a contested case proceeding to
			 appeal the board's decision on a waiver request is the failure to exhaust
			 administrative remedies for purposes of seeking judicial review in accordance
			 with Iowa Code chapter 17A and Iowa Code section
			 68B.33.
This rule is intended to implement Iowa Code sections
				68B.32A(5),
				68B.32A(9),
				and
				68B.33.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 8 - Executive Branch Lobbying › Rule 351-8.14 - Payment of Penalty

Current through Register Vol. 47, No. 3, July 24, 2024
An assessed civil penalty shall be paid by check or money order
				and shall be made payable to the State of Iowa General Fund and forwarded to:
				Iowa Ethics and Campaign Disclosure Board, 510 East 12th Street, Suite lA, Des
				Moines, Iowa 50319. The payment shall be deposited in the general fund of the
				state of Iowa.
This rule is intended to implement Iowa Code sections
				68B.32A(5)
				 and
				68B.32A(9).
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 8 - Executive Branch Lobbying › Rule 351-8.15 - Campaign Contributions by Lobbyists During the Regular Legislative Session Prohibited

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code section
				68A.504,
				individuals who are registered in Iowa as either executive branch or
				legislative branch lobbyists are prohibited from contributing to, acting as an
				agent or intermediary for contributions to, or arranging for the making of
				monetary or in-kind contributions to the campaign of an elected state official,
				member of the general assembly, or candidate for state office on any day during
				the regular legislative session. This prohibition includes a contribution that
				is mailed during the legislative session but received by the candidate after
				the legislative session has adjourned.
(1)
Application to governor.
The prohibition on contributions to the governor or a gubernatorial candidate
			 during session extends for an additional 30 days following the adjournment of a
			 regular legislative session allowed for the signing of bills.
(2)
Exceptions.
The
			 prohibition on contributions during the regular legislative session does not
			 apply to any of the following:
a.
			 Contributions to an elected state official, member of the general assembly, or
			 other state official who has taken affirmative action to seek nomination or
			 election to a federal elective office so long as the lobbyist's contribution is
			 placed into the candidate's federal account.
b. Contributions to a candidate for state
			 office who filed nomination papers for a special election called or held during
			 the regular legislative session if the candidate receives the contribution at
			 any time during the period commencing on the date on which at least two
			 candidates have been nominated for the office and ending on the date on which
			 the election is held. However, elected state officials are prohibited from
			 soliciting lobbyists for contributions to another candidate for state office
			 when a special election is held during the regular legislative
			 session.
c. Contributions made
			 during a special legislative session. In the case of the governor and a
			 gubernatorial candidate, this exception also includes the 30 days following a
			 special legislative session unless that time period falls within 30 days of
			 adjournment of the regular legislative session.
d. Contributions from a lobbyist's personal
			 funds that a lobbyist makes to the lobbyist's own campaign for public
			 office.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 8 - Executive Branch Lobbying › Rule 351-8.16 - Lobbyists Prohibited From Making Loans

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code section
				68B.24,
				an executive branch official, executive branch employee, or a candidate for
				statewide office shall not directly or indirectly seek or accept a loan from a
				person who is an executive branch lobbyist.
(1)
Offer of loan prohibited
An executive branch lobbyist shall not directly or indirectly offer or make a
			 loan to an executive branch official, executive branch employee, or a candidate
			 for statewide office.
(2)
Exception.
The prohibitions in Iowa Code section
			 68B.24
			 do not apply to loans made in the ordinary course of business. "Ordinary course
			 of business" means the loan is made by a person who is regularly engaged in a
			 business that makes loans to members of the general public, and the finance
			 charges and other terms of the loan are the same or substantially similar to
			 the finance charges and loan terms that are available to members of the general
			 public.
(3)
Complaints.
Complaints or information provided to the board
			 alleging a violation of Iowa Code section
			 68B.24
			 by an executive branch official, executive branch employee, candidate for
			 statewide office, or an executive branch lobbyist shall be filed with the board
			 and governed by the procedures in Iowa Code sections
			 68B.32B
			 through
			 68B.32D.
This rule is intended to implement Iowa Code section
				68B.24.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 8 - Executive Branch Lobbying › Rule 351-8.17 - Ban on Certain Lobbying Activities by Government Personnel

Current through Register Vol. 47, No. 3, July 24, 2024
Executive branch officials and executive branch employees are
				prohibited by Iowa Code section
				68B.5A
				from engaging in certain types of lobbying activities during the time in which
				these officials and employees serve or are employed by the state. In addition,
				Iowa Code section
				68B.5A
				prohibits executive branch officials and executive branch employees from
				accepting, under certain situations, employment as lobbyists within two years
				of leaving state government.
(1)
Lobbying restrictions
-
statewide elected officials and
			 executive or administrative heads.
a. A person who serves as a statewide elected
			 official, the executive or administrative head of an agency, or the deputy
			 executive or administrative head of an agency shall not act as a lobbyist
			 during the time in which the person serves or is employed by the state unless
			 the person is designated to represent the official position of the person's
			 agency.
b. A person subject to this
			 prohibition may not accept employment as a lobbyist for two years after leaving
			 state government except as provided in subrule 8.17(4).
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 8 - Executive Branch Lobbying › Rule 351-8.18 - False Communications Prohibited

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
False material fact.
An
			 executive branch lobbyist shall not intentionally deceive or attempt to deceive
			 any executive branch official or any executive branch employee in regard to a
			 material fact pertinent to an administrative rule, legislation, or an executive
			 order
(2)
False
			 communication.
An executive branch lobbyist shall not cause a
			 communication or an executive branch lobbyist registration statement to be sent
			 to an executive branch official or an executive branch employee in the name of
			 either of the following:
a. A fictitious
			 person; or
b. A real person except
			 with the consent of that person.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 8 - Executive Branch Lobbying › Rule 351-8.19 - Advisory Opinions

Current through Register Vol. 47, No. 3, July 24, 2024
Any person under the board's jurisdiction that is affected by
				Iowa Code chapter 68B or 351-Chapter 8 may seek an advisory opinion from the
				board pursuant to rules
				351-1.2
				(68B) and 1.3(68B). The purpose of a board opinion is to apply a statute or
				rule to a particular factual situation. Advice contained in a board opinion, if
				followed, constitutes a defense to a subsequently filed complaint.
This rule is intended to implement Iowa Code section
				68B.32A(12).
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 8 - Executive Branch Lobbying › Rule 351-8.20 - Retention and Availability of Filed Forms

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Public record.
All forms
			 filed under this chapter are public records and shall be available in the board
			 office for inspection and copying. A filed form shall be retained by the board
			 for a period of at least five years from the date the form was filed.
(2)
Internet access.
Forms
			 filed under this chapter shall be accessible for viewing via the board's Web
			 site at
www.iowa.gov/ethics
as follows:
a. A list of registered executive branch
			 lobbyists and executive branch lobbyist clients for the current calendar year
			 and the two previous calendar years.
b. An executive branch lobbyist client report
			 for as long as the general assembly posts the executive branch lobbyist client
			 reports on the general assembly's Web site.
c. A session function registration notice and
			 a session function reporting form for as long as the general assembly posts the
			 session function registration notice and a session function reporting form on
			 the general assembly's Web site.
This rule is intended to implement Iowa Code section
				68B.32A(5).