House File 728 - Introduced



                                   HOUSE FILE       
                                   BY  COMMITTEE ON STATE GOVERNMENT

                                   (SUCCESSOR TO HF 326)


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the improper influence of executive branch
  2    officials, executive branch employees, members of the general
  3    assembly, and legislative employees, and making penalties
  4    applicable.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 2390HV 81
  7 tm/sh/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  8.7  REPORTING OF GIFTS RECEIVED.
  1  2    All gifts, bequests, and grants received by a department
  1  3 and accepted by the governor on behalf of the state shall be
  1  4 reported to the Iowa ethics and campaign disclosure board and
  1  5 the government oversight committees.  The ethics and campaign
  1  6 disclosure board shall, by January 31 of each year, submit to
  1  7 the fiscal services division of the legislative services
  1  8 agency a written report listing all gifts, bequests, and
  1  9 grants received during the previous calendar year with a value
  1 10 over one thousand dollars and the purpose for each such gift,
  1 11 bequest, or grant.  The submission shall also include a
  1 12 listing of all gifts, bequests, and grants received by a
  1 13 department from a person if the cumulative value of all gifts,
  1 14 bequests, and grants received by the department from the
  1 15 person during the previous calendar year exceeds one thousand
  1 16 dollars, and the ethics and campaign disclosure board shall
  1 17 include, if available, the purpose for each such gift,
  1 18 bequest, or grant.
  1 19    Sec. 2.  NEW SECTION.  68B.22A  IMPROPER INFLUENCE.
  1 20    1.  An official or state employee shall not solicit or
  1 21 accept anything of value for the benefit of any state agency
  1 22 given pursuant to an understanding or arrangement that the
  1 23 thing of value will influence the act, vote, opinion,
  1 24 judgment, decision, or exercise of discretion of the person
  1 25 with respect to the person's services provided as an official
  1 26 or state employee.
  1 27    2.  A member of the general assembly or legislative
  1 28 employee shall not solicit or accept anything of value for the
  1 29 benefit of the general assembly given pursuant to an
  1 30 understanding or arrangement that the thing of value will
  1 31 influence the act, vote, opinion, judgment, decision, or
  1 32 exercise of discretion of the person with respect to the
  1 33 person's services provided as a member of the general assembly
  1 34 or legislative employee.
  1 35    3.  This section shall not apply to the application for or
  2  1 receipt of a grant obtained through a bona fide written grant
  2  2 application process.  This section shall not apply to
  2  3 institutions under the control of the state board of regents
  2  4 or the state historical society of Iowa foundation.
  2  5
  2  6                           EXPLANATION
  2  7    This bill relates to the improper influence of executive
  2  8 branch officials, executive branch employees, members of the
  2  9 general assembly, and legislative employees.
  2 10    The bill creates reporting requirements for all gifts,
  2 11 bequests, and grants received by a department and accepted by
  2 12 the governor on behalf of the state.  The bill requires the
  2 13 Iowa ethics and campaign disclosure board to receive the
  2 14 reports and to submit an annual report to the legislative
  2 15 services agency.
  2 16    The bill prohibits an executive branch official, executive
  2 17 branch employee, member of the general assembly, or
  2 18 legislative employee from soliciting or accepting anything of
  2 19 value for the benefit of any state agency or the general
  2 20 assembly, respectively, given pursuant to an understanding or
  2 21 arrangement that the thing of value will influence the act,
  2 22 vote, opinion, judgment, decision, or exercise of discretion
  2 23 of the person with respect to the person's services as an
  2 24 executive branch official, executive branch employee, member
  2 25 of the general assembly, or legislative employee.
  2 26    The bill provides an exception for the application for or
  2 27 receipt of a grant obtained through a bona fide written grant
  2 28 application process and for institutions under the control of
  2 29 the state board of regents or the state historical society of
  2 30 Iowa foundation.
  2 31    Pursuant to Code section 68B.25, a person who knowingly and
  2 32 intentionally violates a provision of the bill relating to
  2 33 improper influence is guilty of a serious misdemeanor and may
  2 34 be reprimanded, suspended, or dismissed from the person's
  2 35 position or otherwise sanctioned.  A serious misdemeanor is
  3  1 punishable by confinement for no more than one year and a fine
  3  2 of at least $250 but not more than $1,500.
  3  3 LSB 2390HV 81
  3  4 tm:rj/sh/8