Iowa Gift Law
In 1992 the legislature passed the Iowa Public Officials Act which amended the gift law in Iowa Code chapter 68B. The gift law was further amended in 1993. This handbook sets forth portions of the gift law as amended in 1993 and answers some common questions that may arise in interpreting the gift law. The Iowa Public Officials Act as amended also contains many other provisions of law restricting the activities of public officials and employees and lobbyists.
This handbook is addressed to governmental officers and employees and their family members who are subject to the law.
Scope of the Gift Law
- Am I getting something for nothing or less than it is worth?
- Is the donee (the person receiving the item) a public official, public employee, or candidate for office or the spouse or dependent child of an official, employee, or candidate covered by the statute? (See questions 2, 3 & 4.)
- Is the donor (the giver) a "restricted donor"'? (See questions 5-11.)
- All state officers, elected or appointed; including members of boards and commissions (but not members of purely advisory committees or certain agricultural commodity promotional boards)
- State employees, including both executive and legislative branch employees
- Officeholders or employees of any political subdivision, such as cities, counties, school districts, townships, benefited fire districts, or solid waste agencies
- Candidates for public office
- Spouses and dependent children of all of the above
- "Restricted donors" who provide gifts to any of the above
- Anyone who contracts with your agency or is seeking to contract with it. This includes persons involved in sales, leases, purchases, or other contracts. The term "agency" includes all public bodies covered by the statute, including a city, school district, or county. (Certain agricultural commodity production boards are excluded.)
- If you are an official or employee of one of the 16 listed "state regulatory agencies, " a "restricted donor" is also any person who is the subject of, or a party to, a matter pending before that part of the regulatory agency (or "subunit") in which you have discretionary authority as an officer or employee. The agent of persons with matters pending before your subunit is also a "restricted donor." Thus, for example, a member of the Board of Medical Examiners could not accept a gift from a doctor who is the subject of a pending investigation before that board nor from the doctor's lawyer. However, this would not make the doctor a "restricted donor" as to employees or officials of unrelated units in the Department of Health.
- Anyone who will be directly and substantially affected financially by performance or nonperformance of your official duties in a way that is greater than the effect on the general public or a substantial class to which the person belongs (such as all members of a profession or residents of a region). An agent of such a person is also a "restricted donor."
- Anyone who is a "lobbyist," or a client of a lobbyist, regarding matters within your agency's jurisdiction. The term "lobbyist" is specially defined, as described on the next page.
- Receives compensation
- Is a designated representative of an organization
- Represents the position of a federal, state, or local agency in which the person serves or is employed as the designated representative
- Makes expenditures of more than $1,000.00 in a calendar year to communicate in person (other than to compensate another for lobbying services or to communicate with a person's own legislators). § 68B.2(13)(a)(1)-(4).
Lobbyists and their clients are "restricted donors" under the gift law and, therefore, cannot offer or make a gift to the public officials or public employees of agencies whom they lobby or to their spouses or dependent children. Conversely, public officials, public employees, their spouses or dependent children cannot accept or receive gifts from lobbyists of the agency in which they serve or are employed. § 68B.22(1), (2).
The definition is important for reasons in addition to the gift law. Persons who are lobbyists must comply with registration and reporting requirements. §§ 68B.36, 68B.37. They are prohibited from making loans t o officials, members of the general assembly, state employees, legislative employees, or candidates for state office - except in the ordinary course of business. § 68B.24. Except in the case of a special election, lobbyists cannot make contributions to the campaign of a state official, candidate for state office, or a member of the general assembly during and, in some cases, shortly after, the legislative session. § 56.15A. Finally, officials and state or legislative employees are restricted from certain lobbying during service or employment and for a period after termination of service or employment. § 68B.5A.
The city employee would be a lobbyist only if the contact concerns rulemaking. The new definition of "lobbyist" applies only when a person acts directly as described in § 68B.2(13)(a)(3) to encourage the passage, defeat, approval, veto, or modification of legislation, a rule, or an executive order, by members of the general assembly, a state agency, or any statewide elected official. These definitions are significantly more narrow than those under the 1992 legislation. Under these definitions contact with a state agency, even as the designated local representative, will now trigger the definition of lobbyist only if the contact is to encourage the passage, defeat, approval, veto, or modification of rules.
No. The term "lobbyist" does not include agency officials and employees engaged in activities with another agency with which the official or employee's agency is engaged in a collaborative project. § 68B.2(13)(b)(6).
Lawyers representing clients before state agencies will trigger the definition of lobbyist only when encouraging the passage, defeat, approval, veto, or modification of rules. A lawyer representing a client for any other purpose before a state agency will not become a lobbyist.
Further, even if a lawyer is engaged in the described activities, an exception may apply. Although the provision excluding lawyers from the definition of "lobbyist" was repealed, new provisions have been enacted which exclude "persons whose activities are limited to appearances to give testimony or provide information or assistance at sessions of committees of the general assembly or at public hearings of state agencies or who are giving testimony or providing information or assistance at the request of public officials or employees" and "persons whose activities are limited to submitting data, views, or arguments in writing, or requesting an opportunity to make an oral presentation" in a rulemaking. §§ 68B.2(13)(b)(4), 68B.2(13)(b)(8). These exclusions are not limited to lawyers.
Yes, if one of the four definitions of "restricted donors" applies to you. See question number 5. Therefore, you must consult the gift law when you are giving a gift to another public official or employee as well as when you receive one.
Application of the Gift Law
A gift is anything of value given to you for which you did not give something of equal or greater value in return. A gift is prohibited only if the person who gave you the gift is a "restricted donor" and no exception applies. §§ 68B.2(9), 68B.2(24), 68B.22(4).
There are sixteen exceptions to the gift law. § 68B.22(4). You may, for example, accept items available free of charge to members of the general public and non-monetary items worth three dollars or less, such as pencils or bumper stickers.
Yes, but you can't accept money from a "restricted donor". The 1993 revisions combined non-food items with food and drink as "nonmonetary items." § 68B.22(4)(i). Even if the nonmonetary items are received from a "restricted donor," you may accept them if worth three dollars or less.
No. There is no reporting obligation under the new statute. Instead, the law precludes the receipt of all gifts unless a statutory exception applies.
You can accept free food and drink from a "restricted donor" only if it fits within an exception. Specific exceptions for food and drink include the following:
- You may accept food and drink with a value of three dollars or less received from any restricted donor in any one calendar day. § 68B.22(4)(i).
- You may accept food and drink given in return for your participation in a panel or speaking engagement so long as the food and drink relates directly to the day or days on which you participate or speak. §§ 68B.22(4)(g), 68B.23(2)(a).
- You may accept food and drink given to an economic development delegation under " limited circumstances. § 68B.22(4)(o). (See question 28.)
You should advise the "restricted donor" that the state gift law prohibits your acceptance of free food and drink worth more than three dollars and ask the donor to provide either an estimate or a bill so that you can pay your share.
Technically, this is an option under the gift law. You may accept $3.00 in food and drink from a "restricted donor" under an exception to the prohibition against accepting gifts and pay for the remainder of the meal.
No. The gift law specifically prohibits "restricted donors" from joining together to give one gift and dividing the value of the gift among them. §§ 68B.22(2), 68B.22(5).
A dinner worth more than three dollars would be a prohibited gift if provided by a "restricted donor" unless you provide something of equal value in return. You can accomplish this by, for example, bringing a gift to the host, going "potluck," or by reciprocating at another date.
No. The gift law contains an exception for close relatives, but not for friends. See §§ 68B.21, 68B.22(4)(c). A friend who is also a "restricted donor" must comply with the gift law.
The 1993 amendments allow receipt of a wedding gift, twenty-fifth and fiftieth anniversary gifts, funeral flowers, or contributions to a memorial. See §§ 68B.22(4)(l), (m). The law still contains no exceptions for Christmas presents, birthday gifts, or other holiday gifts. Gifts from a "restricted donor" are prohibited unless an exception applies or you reciprocate such as by exchanging gifts of equal value.
A supplier seeking to do business with your agency is a "restricted donor." §§ 68B.2(24)(a), (c). Therefore, you cannot accept samples worth over three dollars for personal use unless these are made available free of charge to members of the general public or otherwise fit within an exception. However, you can test samples as part of normal contract review or donate samples, as provided by § 68B.22(3), within 30 days of receipt.
You may accept a government rate which is available to all government employees for official business. Whether you can accept a discount for personal use depends on the circumstances involved, and you should seek legal advice. Op.Att'yGen. #93-7-7(L).
You may accept gifts other than money if you turn the gift over to a public body or charity within thirty days and meet all the requirements of § 68B.22(3). You may also exchange gifts of equal value, where appropriate.
Yes. You may accept a gift from a foreign citizen given during a ceremonial presentation or as a result of a foreign custom, provided the gift is only of personal value to you. § 68B.22(4)(p). If the gift has more than personal value, you should follow the advice given in response to question 25.
The payment of travel expenses for a governmental official or employee by a "restricted donor" is almost always prohibited. Generally, the law treats free travel as a gift to the employee and limits payment of travel expenses from a "restricted donor" to those exceptions specifically permitted by statute. 1990 Op.Att'yGen. 52 (#89-11-3(L). These exceptions include, for example, travel expenses given in return for participation in a panel or speaking engagement at a meeting when the expenses related directly to the days of participation. § 68B.22(4)(g).
Yes, under certain circumstances. Section 68B.22(4)(o) permits you to accept travel, lodging, food and drink while an official member of a delegation to attract a specific business if you play a significant role in the presentation to the business and the donor is not the business being contacted. If the donor is the business being contacted, you may consume food and drink provided by the business during the meeting.
Yes. The gift law specifically exempts regularly scheduled events at meetings of an association of which the State or a political subdivision is a member. Examples of these groups are the National Conference of State Legislatures, Council of State Governments, Iowa State Association of Counties, the Iowa Association of School Boards, and the League of Iowa Municipalities. § 68B.22(4)(k).
Yes. The gift law also specifically exempts regularly scheduled events at meetings of an association of public officers if you or your governmental entity is a member of the association. Examples of these groups are the National Governors' Association, Iowa State Sheriffs' and Deputies' Association, and the Iowa Municipal Finance Officers' Association. § 68B.22(4)(k).
Yes, but you cannot consume food or drink worth more than three dollars at any event sponsored by a "restricted donor" unless it fits within the exception for a "regularly scheduled event" at a meeting of an association of public officers or an association in which the State or a political subdivision is a member. The scope of this exception will need to be resolved on a case-by-case basis. § 68B.22(4)(i), (k).
Yes, but if the sponsor is a "restricted donor," you cannot consume food or drink worth more than three dollars unless the event is free to the public or the event is part of the benefits you receive in return for your payment of membership dues. § 68B.22(4)(e), (i).
No. Contributions made to a candidate or candidate's committee are excluded from the gift law but are subject to the campaign finance law, Iowa Code ch. 56. § 68B.22(4)(a).
Enforcement of the Gift Law
The 1993 amendments to the gift law became effective May 28, 1993. Be aware that some sections of House File 144 amending lobbyist registration and reporting requirements, lobbyist client reporting, and personal financial disclosure requirements are effective retroactively.
A violation of the gift law is a serious misdemeanor which may, upon conviction, result in imprisonment for one year and a $1,000 fine. §§ 68B.25, 903.1. In addition, the Ethics and Campaign Disclosure Board may impose a civil penalty of up to $2,000 for each violation of chapter 68B. § 68B.32D(1)(h). A violation can also be grounds for removal from office, suspension or dismissal from employment, or other employee discipline. §§ 68B.25, 68B.31(11), 68B.32D.
Yes. If the gift law applies to you, it will apply even though the transaction occurs out of state. 1990 Op.Att'yGen. 27.
- File complaints about state executive branch officers, employees, or lobbyists with the Ethics and Campaign Disclosure Board. § 68B.32(1).
- File complaints about legislators and legislative employees and lobbyists with the legislative ethics committees. § 63B.31(5).
- File complaints about judicial officers with the commission on judicial qualifications. § 602.2104.
- File criminal complaints for knowing and intentional violations of the law with the county attorney where the violation allegedly occurred. Complaints regarding the conduct of local officials and employees are filed with the county attorney in the county where the accused resides. § 68B.26.