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