Senate Study Bill 3011 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED ETHICS AND CAMPAIGN DISCLOSURE BOARD BILL) A BILL FOR An Act relating to public disclosure of the receipt of certain 1 gifts, bequests, and honoraria and making penalties 2 applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5251DP (3) 86 tm/sc

S.F. _____ H.F. _____ Section 1. Section 8.7, Code 2016, is amended to read as 1 follows: 2 8.7 Reporting of gifts and bequests received. 3 All gifts and bequests received by a department or accepted 4 by the governor on behalf of the state shall be reported 5 in an electronic format to the Iowa ethics and campaign 6 disclosure board and the general assembly’s standing committees 7 on government oversight. A report shall be filed only for 8 months in which a gift or bequest is received or accepted. A 9 report shall be filed no later than the tenth day of the month 10 following the month in which a gift or bequest is received or 11 accepted. The ethics and campaign disclosure board shall, by 12 January 31 of each year, submit to the fiscal services division 13 of the legislative services agency a written report listing all 14 gifts and bequests received or accepted during the previous 15 calendar year with a value over one thousand dollars and the 16 purpose for each such gift or bequest. The submission shall 17 also include a listing of all gifts and bequests received by a 18 department from a person if the cumulative value of all gifts 19 and bequests received by the department from the person during 20 the previous calendar year exceeds one thousand dollars, and 21 the ethics and campaign disclosure board shall include, if 22 available, the purpose for each such gift or bequest. However, 23 the reports on gifts or bequests filed by the state board of 24 regents and the Iowa state fair board pursuant to section 8.44 25 shall be deemed sufficient to comply with the requirements of 26 this section . 27 Sec. 2. NEW SECTION . 68B.23A Gifts and honoraria reporting. 28 1. An official or employee of the executive branch shall 29 submit a report pursuant to subsection 2 to the board in an 30 electronic format for any gift or series of gifts or honorarium 31 or series of honoraria received by the official, employee, 32 or immediate family member of the official or employee from 33 a restricted donor that exceeds one thousand dollars in the 34 aggregate in a calendar year. 35 -1- LSB 5251DP (3) 86 tm/sc 1/ 3

S.F. _____ H.F. _____ 2. A report shall be filed no later than the tenth day of 1 the month following the month in which the official, employee, 2 or immediate family member of the official or employee receives 3 one or more gifts or honoraria that results in the person 4 receiving gifts or honoraria that in the aggregate exceeds more 5 than one thousand dollars in a calendar year from the same 6 restricted donor. During the same calendar year, if additional 7 gifts or honoraria are received from the same restricted donor 8 the report shall be amended to include the additional gifts or 9 honoraria no later than the tenth day of the month following 10 the month in which the additional gifts or honoraria are 11 received. 12 3. The board shall prescribe the information to be submitted 13 on the report which shall include, at a minimum, the name of 14 the official, employee, or immediate family member who received 15 the gift; the position or title of the official or employee; 16 the name and address of the restricted donor; a description of 17 the gift; the estimated value of the gift; and the exception in 18 section 68B.22, subsection 4, or section 68B.23, subsection 2, 19 that allows the official, employee, or immediate family member 20 to accept, directly or indirectly, the gift. 21 4. Contributions to a candidate or a candidate’s committee 22 shall not be included in the report if such contributions are 23 disclosed on the candidate’s committee disclosure reports. 24 5. Gifts of food, beverage, and entertainment received at 25 a function meeting the criteria in section 68B.22, subsection 26 4, paragraph “s” , shall not be included in the report if 27 the function is registered and a disclosure report is filed 28 pursuant to section 68B.22, subsection 4, paragraph “s” . 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill relates to public disclosure of the receipt of 33 certain gifts, bequests, and honoraria. 34 The bill requires reports filed pursuant to Code section 35 -2- LSB 5251DP (3) 86 tm/sc 2/ 3

S.F. _____ H.F. _____ 8.7, relating to gifts and bequests received by a department or 1 accepted by the governor on behalf of the state, be filed in an 2 electronic format. The bill requires reports to be filed only 3 for months in which a gift or bequest is received or accepted. 4 The bill requires reports to be filed no later than the tenth 5 day of the month following the month in which the gift or 6 bequest is received or accepted. 7 The bill requires an official or employee of the executive 8 branch to submit a report in an electronic format to the 9 ethics and campaign disclosure board for any gift or series 10 of gifts or honorarium or series of honoraria received by the 11 official, employee, or immediate family member of the official 12 or employee from a restricted donor that exceeds $1,000 in the 13 aggregate in a calendar year. The bill provides for the timing 14 of such reports, amending such reports, and the information 15 to be included in the reports. Gifts received that are not 16 required to be disclosed include those that meet the gift 17 law exceptions relating to contributions to a candidate and 18 relating to food, beverage, and entertainment received at a 19 function qualifying under Code section 68B.22, subsection 4, 20 paragraph “s”. A person that knowingly and intentionally 21 violates this provision is guilty of a serious misdemeanor 22 under Code section 68B.34. A serious misdemeanor is punishable 23 by confinement for no more than one year and a fine of at least 24 $315 but not more than $1,875. In addition, a person violating 25 the limit on the value of permissible gifts is subject to civil 26 penalties or disciplinary action issued by the ethics and 27 campaign disclosure board or subject to disciplinary action 28 taken by the ethics committees of the senate and house of 29 representatives. 30 -3- LSB 5251DP (3) 86 tm/sc 3/ 3