HF 2214 (LSB 5621YH (3) 85)

HOUSE FILE 2214

BY  LANDON

A BILL FOR

An Act prohibiting gifts to elected officials upon or after leaving office and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  68B.9  Gifts or other benefits upon or after leaving office —— prohibition.

   A statewide elected official, a member of the general assembly, or an elected local official shall not accept or receive any gift or any impermissible benefit upon or after leaving office that was approved or authorized by the statewide elected official, member of the general assembly, or local official prior to leaving office. For purposes of this section, “impermissible benefit” means anything of value in the nature of deferred compensation or a deferred benefit for service while in office that is not otherwise provided to employees within the jurisdiction of the governing body of the elected official or member of the general assembly.
    Sec. 2.  Section 68B.34, Code 2013, is amended to read as follows:
   68B.34  Additional penalty.

   In addition to any penalty contained in any other provision of law, a person who knowingly and intentionally violates a provision of sections 68B.2A through 68B.8 68B.9, sections 68B.22 through 68B.24, or sections 68B.35 through 68B.38 is guilty of a serious misdemeanor and may be reprimanded, suspended, or dismissed from the person’s position or otherwise sanctioned.
    Sec. 3.  Section 331.907, subsection 1, Code 2014, is amended to read as follows:
   1.  The annual compensation of the auditor, treasurer, recorder, sheriff, county attorney, and supervisors shall be determined as provided in this section. The county compensation board annually shall review the compensation paid to comparable officers in other counties of this state, other states, private enterprise, and the federal government. In setting the salary of the county sheriff, the county compensation board shall consider setting the sheriff’s salary so that it is comparable to salaries paid to professional law enforcement administrators and command officers of the state patrol, the division of criminal investigation of the department of public safety, and city police agencies in this state. The county compensation board shall prepare a compensation schedule for the elective county officers for the succeeding fiscal year.  The county compensation board shall not make any recommendation concerning compensation or any other benefit provided upon leaving office. A recommended compensation schedule requires a majority vote of the membership of the county compensation board.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill prohibits a statewide elected official, legislator, or local elected official, from accepting or receiving a gift or any impermissible benefit upon or after leaving office that was approved or authorized by the official or legislator prior to leaving office. The bill defines impermissible benefit as anything of value in the nature of deferred compensation or a deferred benefit for service while in office that is not otherwise provided to other employees of the applicable governing body. Code section 68B.2 defines “gift” as a rendering of anything of value in return for which legal consideration of equal or greater value is not given and received.
   Code section 68B.34, providing additional penalties under the government ethics and lobbying Code chapter, is amended to provide that a person who violates this new provision is guilty of a serious misdemeanor.
   Code section 331.907, concerning county compensation boards, is amended to prohibit the board from making any recommendation concerning compensation or other benefit provided to an elective county officer upon leaving office.