Print
House File 687 - IntroducedA Bill ForAn Act 1relating to permissible honoraria from restricted donors
2to public officials and public employees.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 68B.23, subsection 2, paragraph a, Code
22019, is amended to read as follows:
3a. The honorarium consists of payment, not to exceed four
4hundred ninety-nine dollars per day, of actual expenses of a
5donee for registration, food, beverages, travel, and lodging
6paid in return for participation in a panel or speaking
7engagement at a meeting when the expenses relate directly to
8the day or days on which the recipient has participation or
9presentation responsibilities.
10 Sec. 2. Section 68B.23, Code 2019, is amended by adding the
11following new subsection:
12 NEW SUBSECTION. 3. A restricted donor that provides and a
13public official or public employee that accepts an honorarium
14pursuant to subsection 2 shall each file a report with the
15board describing the honorarium within twenty days of providing
16or accepting the honorarium. Each report must describe
17and state an aggregate value of all payments, services, and
18property provided or accepted. The board shall make all
19reports submitted under this subsection available on the
20internet site.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill relates to permissible honoraria from restricted
25donors to public officials and public employees.
26Under Code chapter 68B (government ethics and lobbying),
27a public official or public employee is prohibited from
28seeking or accepting an honorarium from a restricted donor,
29subject to certain exceptions. One such exception permits a
30public official or public employee to accept an honorarium if
31the honorarium consists of payment for the public official
32or public employee’s actual expenses for registration,
33food, beverages, travel, and lodging paid in return for
34participation in a panel or speaking engagement when the
35expenses relate directly to the day or days on which the public
-1-1official or public employee has participation or presentation
2responsibilities. The bill provides that a public official or
3public employee may not accept an honorarium that is payment
4for actual expenses in exchange for a panel or speaking
5engagement if the payment exceeds $499 per day.
6Current law provides two further exceptions to the
7prohibition on a public official or public employee from
8accepting an honorarium. First, if the honorarium consists
9of a nonmonetary item that the public official or public
10employee donates within 30 days to a public body, a bona fide
11educational or charitable organization, or the department of
12administrative services. Second, if the honorarium consists
13of a payment made to a public official or public employee for
14services rendered as part of a bona fide private business in
15which the public official or public employee is engaged if the
16payment is commensurate with the actual services rendered and
17is not being made because of the person’s status as a public
18official or public employee.
19The bill requires a public official or public employee who
20accepts an honorarium under any of these exceptions to, within
2120 days of doing so, file a report with the ethics and campaign
22disclosure board which describes and states an aggregate
23value of all payments, services, and property accepted. The
24bill likewise requires the restricted donor who provided the
25honorarium to file a report containing the same information
26with the ethics and campaign disclosure board. The ethics and
27campaign disclosure board must then make the reports available
28on the board’s internet site.
29A knowing and intentional violation of the limitations on
30accepting an honorarium or failing to file a report required by
31the bill is a serious misdemeanor. A serious misdemeanor is
32punishable by confinement for no more than one year and a fine
33of at least $315 but not more than $1,875.
34In addition, a person who accepts an honorarium in violation
35of Code chapter 68B or fails to file a report required by the
-2-1bill is subject to civil penalties or disciplinary action
2issued by the ethics and campaign disclosure board and to
3disciplinary action taken by the ethics committees of the
4senate and house of representatives.
-3-jh/tm
2to public officials and public employees.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 68B.23, subsection 2, paragraph a, Code
22019, is amended to read as follows:
3a. The honorarium consists of payment, not to exceed four
4hundred ninety-nine dollars per day, of actual expenses of a
5donee for registration, food, beverages, travel, and lodging
6paid in return for participation in a panel or speaking
7engagement at a meeting when the expenses relate directly to
8the day or days on which the recipient has participation or
9presentation responsibilities.
10 Sec. 2. Section 68B.23, Code 2019, is amended by adding the
11following new subsection:
12 NEW SUBSECTION. 3. A restricted donor that provides and a
13public official or public employee that accepts an honorarium
14pursuant to subsection 2 shall each file a report with the
15board describing the honorarium within twenty days of providing
16or accepting the honorarium. Each report must describe
17and state an aggregate value of all payments, services, and
18property provided or accepted. The board shall make all
19reports submitted under this subsection available on the
20internet site.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill relates to permissible honoraria from restricted
25donors to public officials and public employees.
26Under Code chapter 68B (government ethics and lobbying),
27a public official or public employee is prohibited from
28seeking or accepting an honorarium from a restricted donor,
29subject to certain exceptions. One such exception permits a
30public official or public employee to accept an honorarium if
31the honorarium consists of payment for the public official
32or public employee’s actual expenses for registration,
33food, beverages, travel, and lodging paid in return for
34participation in a panel or speaking engagement when the
35expenses relate directly to the day or days on which the public
-1-1official or public employee has participation or presentation
2responsibilities. The bill provides that a public official or
3public employee may not accept an honorarium that is payment
4for actual expenses in exchange for a panel or speaking
5engagement if the payment exceeds $499 per day.
6Current law provides two further exceptions to the
7prohibition on a public official or public employee from
8accepting an honorarium. First, if the honorarium consists
9of a nonmonetary item that the public official or public
10employee donates within 30 days to a public body, a bona fide
11educational or charitable organization, or the department of
12administrative services. Second, if the honorarium consists
13of a payment made to a public official or public employee for
14services rendered as part of a bona fide private business in
15which the public official or public employee is engaged if the
16payment is commensurate with the actual services rendered and
17is not being made because of the person’s status as a public
18official or public employee.
19The bill requires a public official or public employee who
20accepts an honorarium under any of these exceptions to, within
2120 days of doing so, file a report with the ethics and campaign
22disclosure board which describes and states an aggregate
23value of all payments, services, and property accepted. The
24bill likewise requires the restricted donor who provided the
25honorarium to file a report containing the same information
26with the ethics and campaign disclosure board. The ethics and
27campaign disclosure board must then make the reports available
28on the board’s internet site.
29A knowing and intentional violation of the limitations on
30accepting an honorarium or failing to file a report required by
31the bill is a serious misdemeanor. A serious misdemeanor is
32punishable by confinement for no more than one year and a fine
33of at least $315 but not more than $1,875.
34In addition, a person who accepts an honorarium in violation
35of Code chapter 68B or fails to file a report required by the
-2-1bill is subject to civil penalties or disciplinary action
2issued by the ethics and campaign disclosure board and to
3disciplinary action taken by the ethics committees of the
4senate and house of representatives.
-3-jh/tm