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House Study Bill 131 - IntroducedA Bill ForAn Act 1relating to conflicts of interest of certain state
2officials and employees resulting from service on boards
3of directors of certain organizations and making penalties
4applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 68B.9 Service on boards of
2directors by certain officials and employees.
3The following persons shall not, during the time in which
4the person serves as or is employed by the state in such a
5position, serve as a member of the board of directors of any
6entity, whether for profit or nonprofit, that provides goods or
7services to the state entity which the person serves or which
8employs the person:
91. A person who serves as a statewide elected official.
102. The executive or administrative head of an agency of
11state government.
123. The deputy executive or administrative head of an agency
13of state government.
144. A member of the general assembly.
155. The head of a major subunit of a department or
16independent state agency whose position involves substantial
17exercise of administrative discretion or the expenditure of
18public funds.
196. A full-time employee of an office of a statewide elected
20official whose position involves substantial exercise of
21administrative discretion or the expenditure of public funds.
227. A state or legislative employee whose position involves
23a substantial exercise of administrative discretion or the
24expenditure of public funds.
25 Sec. 2. Section 68B.34, Code 2021, is amended to read as
26follows:
2768B.34 Additional penalty.
28In addition to any penalty contained in any other provision
29of law, a person who knowingly and intentionally violates a
30provision of sections 68B.2A through 68B.8 68B.9, sections
3168B.22 through 68B.24, or sections 68B.35 through 68B.38
32is guilty of a serious misdemeanor and may be reprimanded,
33suspended, or dismissed from the person’s position or otherwise
34sanctioned.
35EXPLANATION
-1-1The inclusion of this explanation does not constitute agreement with
2the explanation’s substance by the members of the general assembly.
3This bill relates to conflicts of interest of certain state
4officials and employees resulting from service on boards of
5directors of certain organizations.
6The bill prohibits certain elected officials and state
7employees, during the time in which the person serves as or is
8employed by the state in such a role, from serving as a member
9of the board of directors of any entity, whether for profit or
10nonprofit, that provides goods or services to the state entity
11which the person serves or which employs the person.
12The persons subject to the prohibition are a person who
13serves as a statewide elected official; the executive or
14administrative head of an agency of state government; the
15deputy executive or administrative head of an agency of state
16government; a member of the general assembly; the head of a
17major subunit of a department or independent state agency
18whose position involves substantial exercise of administrative
19discretion or the expenditure of public funds; a full-time
20employee of an office of a statewide elected official whose
21position involves substantial exercise of administrative
22discretion or the expenditure of public funds; and a state or
23legislative employee whose position involves a substantial
24exercise of administrative discretion or the expenditure of
25public funds.
26A person who knowingly and intentionally violates the
27provisions of the bill is guilty of a serious misdemeanor and
28may be reprimanded, suspended, or dismissed from the person’s
29position or otherwise sanctioned. A serious misdemeanor is
30punishable by confinement for no more than one year and a fine
31of at least $430 but not more than $2,560.
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2officials and employees resulting from service on boards
3of directors of certain organizations and making penalties
4applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 68B.9 Service on boards of
2directors by certain officials and employees.
3The following persons shall not, during the time in which
4the person serves as or is employed by the state in such a
5position, serve as a member of the board of directors of any
6entity, whether for profit or nonprofit, that provides goods or
7services to the state entity which the person serves or which
8employs the person:
91. A person who serves as a statewide elected official.
102. The executive or administrative head of an agency of
11state government.
123. The deputy executive or administrative head of an agency
13of state government.
144. A member of the general assembly.
155. The head of a major subunit of a department or
16independent state agency whose position involves substantial
17exercise of administrative discretion or the expenditure of
18public funds.
196. A full-time employee of an office of a statewide elected
20official whose position involves substantial exercise of
21administrative discretion or the expenditure of public funds.
227. A state or legislative employee whose position involves
23a substantial exercise of administrative discretion or the
24expenditure of public funds.
25 Sec. 2. Section 68B.34, Code 2021, is amended to read as
26follows:
2768B.34 Additional penalty.
28In addition to any penalty contained in any other provision
29of law, a person who knowingly and intentionally violates a
30provision of sections 68B.2A through 68B.8 68B.9, sections
3168B.22 through 68B.24, or sections 68B.35 through 68B.38
32is guilty of a serious misdemeanor and may be reprimanded,
33suspended, or dismissed from the person’s position or otherwise
34sanctioned.
35EXPLANATION
-1-1The inclusion of this explanation does not constitute agreement with
2the explanation’s substance by the members of the general assembly.
3This bill relates to conflicts of interest of certain state
4officials and employees resulting from service on boards of
5directors of certain organizations.
6The bill prohibits certain elected officials and state
7employees, during the time in which the person serves as or is
8employed by the state in such a role, from serving as a member
9of the board of directors of any entity, whether for profit or
10nonprofit, that provides goods or services to the state entity
11which the person serves or which employs the person.
12The persons subject to the prohibition are a person who
13serves as a statewide elected official; the executive or
14administrative head of an agency of state government; the
15deputy executive or administrative head of an agency of state
16government; a member of the general assembly; the head of a
17major subunit of a department or independent state agency
18whose position involves substantial exercise of administrative
19discretion or the expenditure of public funds; a full-time
20employee of an office of a statewide elected official whose
21position involves substantial exercise of administrative
22discretion or the expenditure of public funds; and a state or
23legislative employee whose position involves a substantial
24exercise of administrative discretion or the expenditure of
25public funds.
26A person who knowingly and intentionally violates the
27provisions of the bill is guilty of a serious misdemeanor and
28may be reprimanded, suspended, or dismissed from the person’s
29position or otherwise sanctioned. A serious misdemeanor is
30punishable by confinement for no more than one year and a fine
31of at least $430 but not more than $2,560.
-2-jh/tm