House
File
2214
-
Introduced
HOUSE
FILE
2214
BY
LANDON
A
BILL
FOR
An
Act
prohibiting
gifts
to
elected
officials
upon
or
after
1
leaving
office
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
68B.9
Gifts
or
other
benefits
upon
1
or
after
leaving
office
——
prohibition.
2
A
statewide
elected
official,
a
member
of
the
general
3
assembly,
or
an
elected
local
official
shall
not
accept
4
or
receive
any
gift
or
any
impermissible
benefit
upon
or
5
after
leaving
office
that
was
approved
or
authorized
by
the
6
statewide
elected
official,
member
of
the
general
assembly,
7
or
local
official
prior
to
leaving
office.
For
purposes
of
8
this
section,
“impermissible
benefit”
means
anything
of
value
9
in
the
nature
of
deferred
compensation
or
a
deferred
benefit
10
for
service
while
in
office
that
is
not
otherwise
provided
to
11
employees
within
the
jurisdiction
of
the
governing
body
of
the
12
elected
official
or
member
of
the
general
assembly.
13
Sec.
2.
Section
68B.34,
Code
2013,
is
amended
to
read
as
14
follows:
15
68B.34
Additional
penalty.
16
In
addition
to
any
penalty
contained
in
any
other
provision
17
of
law,
a
person
who
knowingly
and
intentionally
violates
a
18
provision
of
sections
68B.2A
through
68B.8
68B.9
,
sections
19
68B.22
through
68B.24
,
or
sections
68B.35
through
68B.38
20
is
guilty
of
a
serious
misdemeanor
and
may
be
reprimanded,
21
suspended,
or
dismissed
from
the
person’s
position
or
otherwise
22
sanctioned.
23
Sec.
3.
Section
331.907,
subsection
1,
Code
2014,
is
amended
24
to
read
as
follows:
25
1.
The
annual
compensation
of
the
auditor,
treasurer,
26
recorder,
sheriff,
county
attorney,
and
supervisors
shall
27
be
determined
as
provided
in
this
section
.
The
county
28
compensation
board
annually
shall
review
the
compensation
29
paid
to
comparable
officers
in
other
counties
of
this
state,
30
other
states,
private
enterprise,
and
the
federal
government.
31
In
setting
the
salary
of
the
county
sheriff,
the
county
32
compensation
board
shall
consider
setting
the
sheriff’s
salary
33
so
that
it
is
comparable
to
salaries
paid
to
professional
34
law
enforcement
administrators
and
command
officers
of
the
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2214
state
patrol,
the
division
of
criminal
investigation
of
the
1
department
of
public
safety,
and
city
police
agencies
in
2
this
state.
The
county
compensation
board
shall
prepare
a
3
compensation
schedule
for
the
elective
county
officers
for
the
4
succeeding
fiscal
year.
The
county
compensation
board
shall
5
not
make
any
recommendation
concerning
compensation
or
any
6
other
benefit
provided
upon
leaving
office.
A
recommended
7
compensation
schedule
requires
a
majority
vote
of
the
8
membership
of
the
county
compensation
board.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
prohibits
a
statewide
elected
official,
13
legislator,
or
local
elected
official,
from
accepting
or
14
receiving
a
gift
or
any
impermissible
benefit
upon
or
after
15
leaving
office
that
was
approved
or
authorized
by
the
official
16
or
legislator
prior
to
leaving
office.
The
bill
defines
17
impermissible
benefit
as
anything
of
value
in
the
nature
of
18
deferred
compensation
or
a
deferred
benefit
for
service
while
19
in
office
that
is
not
otherwise
provided
to
other
employees
20
of
the
applicable
governing
body.
Code
section
68B.2
defines
21
“gift”
as
a
rendering
of
anything
of
value
in
return
for
which
22
legal
consideration
of
equal
or
greater
value
is
not
given
and
23
received.
24
Code
section
68B.34,
providing
additional
penalties
under
25
the
government
ethics
and
lobbying
Code
chapter,
is
amended
to
26
provide
that
a
person
who
violates
this
new
provision
is
guilty
27
of
a
serious
misdemeanor.
28
Code
section
331.907,
concerning
county
compensation
boards,
29
is
amended
to
prohibit
the
board
from
making
any
recommendation
30
concerning
compensation
or
other
benefit
provided
to
an
31
elective
county
officer
upon
leaving
office.
32
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