Bill Text: IA SF338 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to the sale or lease of real estate by regulatory agency officials and employees to persons subject to the agency's regulatory authority, and making penalties applicable.(Formerly SSB 1113.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2021-04-07 - Withdrawn. S.J. 816. [SF338 Detail]

Download: Iowa-2021-SF338-Introduced.html
Senate File 338 - Introduced SENATE FILE 338 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1113) (COMPANION TO 1329HV BY COMMITTEE ON STATE GOVERNMENT) A BILL FOR An Act relating to the sale or lease of real estate by 1 regulatory agency officials and employees to persons subject 2 to the agency’s regulatory authority, and making penalties 3 applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1329SV (2) 89 jh/tm
S.F. 338 Section 1. Section 68B.4, subsection 1, Code 2021, is 1 amended to read as follows: 2 1. An official or employee of any regulatory agency shall 3 not sell or lease, either directly or indirectly, any goods , 4 real estate, or services to individuals, associations, or 5 corporations subject to the regulatory authority of the agency 6 of which the person is an official or employee, except when the 7 official or employee has met all of the following conditions: 8 a. The consent of the regulatory agency for which the 9 person is an official or employee is obtained and the person is 10 not the official or employee with the authority to determine 11 whether agency consent is to be given under this section . 12 b. The duties or functions performed by the official 13 or employee for the regulatory agency are not related to 14 the regulatory authority of the agency over the individual, 15 association, or corporation, or the selling or leasing of 16 goods , real estate, or services by the official or employee 17 to the individuals, associations, or corporations does not 18 affect the official’s or employee’s duties or functions at the 19 regulatory agency. 20 c. The selling or leasing of any goods , real estate, 21 or services by the official or employee to an individual, 22 association, or corporation does not include advocacy on 23 behalf of the individual, association, or corporation to 24 the regulatory agency in which the person is an official or 25 employee. 26 d. The selling or leasing of any goods , real estate, 27 or services by the official or employee to an individual, 28 association, or corporation does not cause the official or 29 employee to sell or lease goods , real estate, or services to 30 the regulatory agency on behalf of the individual, association, 31 or corporation. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -1- LSB 1329SV (2) 89 jh/tm 1/ 2
S.F. 338 This bill relates to governmental ethics by prohibiting 1 state regulatory agency officials and employees from selling 2 or leasing real estate to persons subject to the agency’s 3 regulatory authority unless certain conditions are met. 4 Under current law, officials and employees of state 5 regulatory agencies are prohibited from selling or leasing 6 goods or services to individuals, associations, or corporations 7 subject to the agency authority of which the person is an 8 official or employee. However, this prohibition does not apply 9 if consent for such sale or lease is obtained from the agency 10 consistent with rules adopted by the Iowa ethics and campaign 11 disclosure board; if the official’s or employee’s agency duties 12 are not related to the regulatory authority of the agency over 13 the individual, association, or corporation; if the selling or 14 leasing of the goods or services does not include advocacy on 15 behalf of the individual, association, or corporation to the 16 agency; and if the selling or leasing of the goods or services 17 does not cause the official or employee to sell or lease 18 goods or services to the agency on behalf of the individual, 19 association, or corporation. The bill extends this prohibition 20 and the exception to the sale or lease of real estate. 21 A person who knowingly and intentionally violates the bill 22 is guilty of a serious misdemeanor and may be reprimanded, 23 suspended, or dismissed from the person’s position or otherwise 24 sanctioned. A serious misdemeanor is punishable by confinement 25 for no more than one year and a fine of at least $430 but not 26 more than $2,560. 27 -2- LSB 1329SV (2) 89 jh/tm 2/ 2
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