68B.4 Sales or leases by regulatory agency officials and employees.
1. An official or employee of any regulatory agency shall not sell or lease, either directly or indirectly, any goods, real estate, or services to individuals, associations, or corporations subject to the regulatory authority of the agency of which the person is an official or employee, except when the official or employee has met all of the following conditions:
a. The consent of the regulatory agency for which the person is an official or employee is obtained and the person is not the official or employee with the authority to determine whether agency consent is to be given under this section.
b. The duties or functions performed by the official or employee for the regulatory agency are not related to the regulatory authority of the agency over the individual, association, or corporation, or the selling or leasing of goods, real estate, or services by the official or employee to the individuals, associations, or corporations does not affect the official’s or employee’s duties or functions at the regulatory agency.
c. The selling or leasing of any goods, real estate, or services by the official or employee to an individual, association, or corporation does not include advocacy on behalf of the individual, association, or corporation to the regulatory agency in which the person is an official or employee.
d. The selling or leasing of any goods, real estate, or services by the official or employee to an individual, association, or corporation does not cause the official or employee to sell or lease goods, real estate, or services to the regulatory agency on behalf of the individual, association, or corporation.
2. The board shall adopt rules specifying the method by which employees may obtain agency consent under this section. The board shall adopt rules specifying the method by which officials may obtain agency consent under this section, including situations when the person seeking to make the sale or lease is the executive or administrative head of the regulatory agency. A regulatory agency granting consent under this section shall file a copy of the consent with the board within twenty days of the consent being granted.
[C71, 73, 75, 77, 79, 81, §68B.4]
90 Acts, ch 1209, §1; 91 Acts, ch 79, §1; 2003 Acts, ch 145, §286; 2004 Acts, ch 1091, §5; 2005 Acts, ch 76, §3; 2006 Acts, ch 1149, §2; 2021 Acts, ch 67, §1
Referred to in §68B.34
Subsection 1 amended
Structure Iowa Code
Title II - ELECTIONS AND OFFICIAL DUTIES
Chapter 68B - GOVERNMENT ETHICS AND LOBBYING
Section 68B.2A - Prohibited outside employment and activities — conflicts of interest.
Section 68B.2B - Executive branch compensation.
Section 68B.2C - Prohibited outside employment and activities — agents of foreign principals.
Section 68B.3 - When public bids required — disclosure of income from other sales.
Section 68B.4 - Sales or leases by regulatory agency officials and employees.
Section 68B.4A - Sales by legislative employees.
Section 68B.4B - Sales or leases by members of the office of the governor.
Section 68B.5 - Gifts solicited or accepted.
Section 68B.5A - Ban on certain lobbying activities.
Section 68B.6 - Services against state prohibited.
Section 68B.7 - Prohibited use of influence.
Section 68B.8 - Lobbying activities by state agencies.
Section 68B.21 - Legislative intent.
Section 68B.22 - Gifts accepted or received.
Section 68B.23 - Honoraria — banned.
Section 68B.24 - Loans — receipt from lobbyists prohibited.
Section 68B.25 - Additional penalty.
Section 68B.26 - Actions commenced.
Section 68B.31 - Legislative ethics committee.
Section 68B.31A - Investigation by independent special counsel — probable cause.
Section 68B.32 - Independent ethics and campaign disclosure board — established.
Section 68B.32A - Duties of the board.
Section 68B.32B - Complaint procedures.
Section 68B.32C - Contested case proceedings.
Section 68B.32D - Penalties — recommended actions.
Section 68B.33 - Judicial review — enforcement.
Section 68B.34 - Additional penalty.
Section 68B.34A - Actions commenced against local officials or employees.
Section 68B.36 - Applicability — lobbyist registration required.
Section 68B.37 - Lobbyist reporting.