SSB 3011 (LSB 5251DP (3) 86)

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 gifts, bequests, and honoraria and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 8.7, Code 2016, is amended to read as follows:
   8.7  Reporting of gifts and bequests received.

   All gifts and bequests received by a department or accepted by the governor on behalf of the state shall be reported in an electronic format to the Iowa ethics and campaign disclosure board and the general assembly’s standing committees on government oversight.  A report shall be filed only for months in which a gift or bequest is received or accepted. A report shall be filed no later than the tenth day of the month following the month in which a gift or bequest is received or accepted. The ethics and campaign disclosure board shall, by January 31 of each year, submit to the fiscal services division of the legislative services agency a written report listing all gifts and bequests received or accepted during the previous calendar year with a value over one thousand dollars and the purpose for each such gift or bequest. The submission shall also include a listing of all gifts and bequests received by a department from a person if the cumulative value of all gifts and bequests received by the department from the person during the previous calendar year exceeds one thousand dollars, and the ethics and campaign disclosure board shall include, if available, the purpose for each such gift or bequest. However, the reports on gifts or bequests filed by the state board of regents and the Iowa state fair board pursuant to section 8.44 shall be deemed sufficient to comply with the requirements of this section.
    Sec. 2.  NEW SECTION.  68B.23A  Gifts and honoraria reporting.
   1.  An official or employee of the executive branch shall submit a report pursuant to subsection 2 to the board in an electronic format for any gift or series of gifts or honorarium or series of honoraria received by the official, employee, or immediate family member of the official or employee from a restricted donor that exceeds one thousand dollars in the aggregate in a calendar year.
   2.  A report shall be filed no later than the tenth day of the month following the month in which the official, employee, or immediate family member of the official or employee receives one or more gifts or honoraria that results in the person receiving gifts or honoraria that in the aggregate exceeds more than one thousand dollars in a calendar year from the same restricted donor. During the same calendar year, if additional gifts or honoraria are received from the same restricted donor the report shall be amended to include the additional gifts or honoraria no later than the tenth day of the month following the month in which the additional gifts or honoraria are received.
   3.  The board shall prescribe the information to be submitted on the report which shall include, at a minimum, the name of the official, employee, or immediate family member who received the gift; the position or title of the official or employee; the name and address of the restricted donor; a description of the gift; the estimated value of the gift; and the exception in section 68B.22, subsection 4, or section 68B.23, subsection 2, that allows the official, employee, or immediate family member to accept, directly or indirectly, the gift.
   4.  Contributions to a candidate or a candidate’s committee shall not be included in the report if such contributions are disclosed on the candidate’s committee disclosure reports.
   5.  Gifts of food, beverage, and entertainment received at a function meeting the criteria in section 68B.22, subsection 4, paragraph “s”, shall not be included in the report if the function is registered and a disclosure report is filed pursuant to section 68B.22, subsection 4, paragraph “s”.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to public disclosure of the receipt of certain gifts, bequests, and honoraria.
   The bill requires reports filed pursuant to Code section 8.7, relating to gifts and bequests received by a department or accepted by the governor on behalf of the state, be filed in an electronic format. The bill requires reports to be filed only for months in which a gift or bequest is received or accepted. The bill requires reports to be filed no later than the tenth day of the month following the month in which the gift or bequest is received or accepted.
   The bill requires an official or employee of the executive branch to submit a report in an electronic format to the ethics and campaign disclosure board for any gift or series of gifts or honorarium or series of honoraria received by the official, employee, or immediate family member of the official or employee from a restricted donor that exceeds $1,000 in the aggregate in a calendar year. The bill provides for the timing of such reports, amending such reports, and the information to be included in the reports. Gifts received that are not required to be disclosed include those that meet the gift law exceptions relating to contributions to a candidate and relating to food, beverage, and entertainment received at a function qualifying under Code section 68B.22, subsection 4, paragraph “s”. A person that knowingly and intentionally violates this provision is guilty of a serious misdemeanor under Code section 68B.34. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875. In addition, a person violating the limit on the value of permissible gifts is subject to civil penalties or disciplinary action issued by the ethics and campaign disclosure board or subject to disciplinary action taken by the ethics committees of the senate and house of representatives.