House File 846 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON GOVERNMENT
                                           OVERSIGHT

                                       (SUCCESSOR TO HF 486)


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

                                      A BILL FOR

  1 An Act relating to employment and improper influence ethics
  2    issues for executive branch officials and employees, and
  3    making penalties applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2415HV 81
  6 ec/pj/5

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 or
  1  3 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.  This section shall not apply to the application for or
  1 28 receipt of a grant obtained through a bona fide written grant
  1 29 application process.  This section shall not apply to
  1 30 institutions under the control of the state board of regents
  1 31 or the state historical society of Iowa.  This section shall
  1 32 not apply to gifts of real property accepted by the department
  1 33 of natural resources which restrict the use of the real
  1 34 property to the departmental mission and management
  1 35 objectives.
  2  1                           EXPLANATION
  2  2    This bill requires that all gifts, bequests, and grants
  2  3 received by a department of the state or accepted by the
  2  4 governor on behalf of the state shall be reported to the Iowa
  2  5 ethics and campaign disclosure board and the government
  2  6 oversight committees.  The board is then required to submit by
  2  7 January 31 of each year a written report to the fiscal
  2  8 division of the legislative services agency listing, for the
  2  9 previous calendar year, all gifts received of over $1,000 and
  2 10 all gifts received by a particular state department from a
  2 11 person if the cumulative value of the gifts received from the
  2 12 person is over $1,000.  The bill also requires that the
  2 13 purpose of each gift received and reported be included, if
  2 14 available, in the report.
  2 15    The bill also prohibits a state government official or
  2 16 employee from soliciting or accepting anything of value for
  2 17 the benefit of a state agency, if there is an understanding or
  2 18 arrangement that the thing of value will influence any action
  2 19 taken by the state official or employee concerning that
  2 20 official's or employee's governmental duties or
  2 21 responsibilities. The restriction does not apply to the
  2 22 application for or receipt of a grant through a bona fide
  2 23 grant process.  The restriction also does not apply to
  2 24 institutions under the control of the board of regents or the
  2 25 historical society.  The restriction does not apply to certain
  2 26 gifts of real property to the department of natural resources.
  2 27 LSB 2415HV 81
  2 28 ec:nh/pj/5