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 TLSB 5621YH (3) 85 ec/rj
H.F. 2214 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 35 -1- LSB 5621YH (3) 85 ec/rj 1/ 2
H.F. 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 -2- LSB 5621YH (3) 85 ec/rj 2/ 2