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House File 491 - IntroducedA Bill ForAn Act 1relating to the sale or lease of real estate by
2regulatory agency officials and employees to persons subject
3to the agency’s regulatory authority, and making penalties
4applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 68B.4, subsection 1, Code 2021, is
2amended to read as follows:
31. An official or employee of any regulatory agency shall
4not sell or lease, either directly or indirectly, any goods,
5real estate, or services to individuals, associations, or
6corporations subject to the regulatory authority of the agency
7of which the person is an official or employee, except when the
8official or employee has met all of the following conditions:
9a. The consent of the regulatory agency for which the
10person is an official or employee is obtained and the person is
11not the official or employee with the authority to determine
12whether agency consent is to be given under this section.
13b. The duties or functions performed by the official
14or employee for the regulatory agency are not related to
15the regulatory authority of the agency over the individual,
16association, or corporation, or the selling or leasing of
17goods, real estate, or services by the official or employee
18to the individuals, associations, or corporations does not
19affect the official’s or employee’s duties or functions at the
20regulatory agency.
21c. The selling or leasing of any goods, real estate,
22 or services by the official or employee to an individual,
23association, or corporation does not include advocacy on
24behalf of the individual, association, or corporation to
25the regulatory agency in which the person is an official or
26employee.
27d. The selling or leasing of any goods, real estate,
28 or services by the official or employee to an individual,
29association, or corporation does not cause the official or
30employee to sell or lease goods, real estate, or services to
31the regulatory agency on behalf of the individual, association,
32or corporation.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-1- 1This bill relates to governmental ethics by prohibiting
2state regulatory agency officials and employees from selling
3or leasing real estate to persons subject to the agency’s
4regulatory authority unless certain conditions are met.
5Under current law, officials and employees of state
6regulatory agencies are prohibited from selling or leasing
7goods or services to individuals, associations, or corporations
8subject to the agency authority of which the person is an
9official or employee. However, this prohibition does not apply
10if consent for such sale or lease is obtained from the agency
11consistent with rules adopted by the Iowa ethics and campaign
12disclosure board; if the official’s or employee’s agency duties
13are not related to the regulatory authority of the agency over
14the individual, association, or corporation; if the selling or
15leasing of the goods or services does not include advocacy on
16behalf of the individual, association, or corporation to the
17agency; and if the selling or leasing of the goods or services
18does not cause the official or employee to sell or lease
19goods or services to the agency on behalf of the individual,
20association, or corporation. The bill extends this prohibition
21and the exception to the sale or lease of real estate.
22A person who knowingly and intentionally violates the bill
23is guilty of a serious misdemeanor and may be reprimanded,
24suspended, or dismissed from the person’s position or otherwise
25sanctioned. A serious misdemeanor is punishable by confinement
26for no more than one year and a fine of at least $430 but not
27more than $2,560.
-2-jh/tm
2regulatory agency officials and employees to persons subject
3to the agency’s regulatory authority, and making penalties
4applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 68B.4, subsection 1, Code 2021, is
2amended to read as follows:
31. An official or employee of any regulatory agency shall
4not sell or lease, either directly or indirectly, any goods,
5real estate, or services to individuals, associations, or
6corporations subject to the regulatory authority of the agency
7of which the person is an official or employee, except when the
8official or employee has met all of the following conditions:
9a. The consent of the regulatory agency for which the
10person is an official or employee is obtained and the person is
11not the official or employee with the authority to determine
12whether agency consent is to be given under this section.
13b. The duties or functions performed by the official
14or employee for the regulatory agency are not related to
15the regulatory authority of the agency over the individual,
16association, or corporation, or the selling or leasing of
17goods, real estate, or services by the official or employee
18to the individuals, associations, or corporations does not
19affect the official’s or employee’s duties or functions at the
20regulatory agency.
21c. The selling or leasing of any goods, real estate,
22 or services by the official or employee to an individual,
23association, or corporation does not include advocacy on
24behalf of the individual, association, or corporation to
25the regulatory agency in which the person is an official or
26employee.
27d. The selling or leasing of any goods, real estate,
28 or services by the official or employee to an individual,
29association, or corporation does not cause the official or
30employee to sell or lease goods, real estate, or services to
31the regulatory agency on behalf of the individual, association,
32or corporation.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-1- 1This bill relates to governmental ethics by prohibiting
2state regulatory agency officials and employees from selling
3or leasing real estate to persons subject to the agency’s
4regulatory authority unless certain conditions are met.
5Under current law, officials and employees of state
6regulatory agencies are prohibited from selling or leasing
7goods or services to individuals, associations, or corporations
8subject to the agency authority of which the person is an
9official or employee. However, this prohibition does not apply
10if consent for such sale or lease is obtained from the agency
11consistent with rules adopted by the Iowa ethics and campaign
12disclosure board; if the official’s or employee’s agency duties
13are not related to the regulatory authority of the agency over
14the individual, association, or corporation; if the selling or
15leasing of the goods or services does not include advocacy on
16behalf of the individual, association, or corporation to the
17agency; and if the selling or leasing of the goods or services
18does not cause the official or employee to sell or lease
19goods or services to the agency on behalf of the individual,
20association, or corporation. The bill extends this prohibition
21and the exception to the sale or lease of real estate.
22A person who knowingly and intentionally violates the bill
23is guilty of a serious misdemeanor and may be reprimanded,
24suspended, or dismissed from the person’s position or otherwise
25sanctioned. A serious misdemeanor is punishable by confinement
26for no more than one year and a fine of at least $430 but not
27more than $2,560.
-2-jh/tm