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
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