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Iowa Gift Law & Honoraria. Office of the General Counsel September 2007. Presentation Overview. Gift Law Statute Definitions General Rule Significant Exceptions Honoraria. The Statute. Chapter 68B of the Iowa Code (Division II, Sections 68B.21 through .26.

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iowa gift law honoraria

Iowa Gift Law&Honoraria

Office of the General Counsel

September 2007

presentation overview
Presentation Overview
  • Gift Law
    • Statute
    • Definitions
    • General Rule
    • Significant Exceptions
  • Honoraria
the statute
The Statute
  • Chapter 68B of the Iowa Code (Division II, Sections 68B.21 through .26
important definitions public employee
Important Definitions-”Public Employee”

“Public employee” means state employees. All UI employees are public employees. Therefore, it includes:

  • All administrators
  • All staff
  • All faculty
important definitions restricted donor
Important Definitions-”Restricted Donor”

“Restricted donor” means any one of the following persons:

  • A person who is or is seeking to be a party to any one or any combination of sales, purchases, leases, or contracts with UI
    • This includes:
      • Vendors
      • Contractors
      • Students
  • There are three additional definitions, not immediately relevant
important definitions gift
Important Definitions: “Gift”

A “gift” is anything of value in return for which legal consideration of equal or greater value is not given and received.

the general rule
The General Rule

A public employee (and a member of his/her immediately family) shall not directly, or indirectly, accept or receive any gift (or series of gifts) from a restricted donor.

Likewise, he/she shall not solicit a gift from a restricted donor.

nonmonetary gifts
Nonmonetary Gifts
  • If an employee receives a non-monetary gift from a restricted donor, the employee does not violate the statute if the employee within 30 days donates the gift to a public body
significant exceptions
Significant Exceptions:
  • Informational material relevant to the employees official functions, such as books, etc. that is recorded in a written, audio, or visual format. 68B.22(4)(b)
  • Anything received from a close relative unless that relative is acting as an agent for an unrelated person. 68B.22(4)(c)
  • An inheritance
  • Anything distributed free of charge to the general public. 68B.22(4)(e)
other significant exceptions
Other Significant Exceptions:
  • Items received from an organization in which the employee is a dues-paying member “if the items are given to all members…without regard to individual members’ status or positions held outside of the organization” if the dues paid are not inconsequential when compared to the items received. 68B.22(4)(f)
other significant exceptions11
Other Significant Exceptions:
  • Actual expense of the employee for food, beverages, registration, travel and lodging “given in exchange for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities.” 68B.22(4)(g)
other significant exceptions12
Other Significant Exceptions:
  • Plaques given for employee’s public service 68B.22(4)(h)
  • “nonmonetary items with a value of three dollars or less that are received from any one” restricted donor “during one calendar day” 68B.22(4)(i)
other significant exceptions13
Other Significant Exceptions:
  • Funeral flowers or memorials to a church or charity. 68B.22(4)(l)
  • Gifts to an employee for the employee’s wedding, 25th or 50th wedding anniversary. 68B.22(4)(m)
  • Gifts of food, beverages, travel, or lodging if any of the following apply:
      • Employee officially represents UI in a delegation to attract new business to Iowa or retain existing business
      • The donor is not the business being contacted, or the food or beverage is consumed during the meeting, or
      • The employee plays a significant role in the presentation to the business on behalf of UI. 68B.22(4)(o)
other significant exceptions14
Other Significant Exceptions:
  • Gifts from non-US citizens given during a ceremonial presentation or as a result of a custom of the country and are personally valuable only to the recipient. 68B.22(4)(p)
other significant exceptions15
Other Significant Exceptions:
  • Actual registration costs for informational meetings that assist the employee in performing official UI duties.
  • Registration costs do not include costs of food, drink, lodging or travel
  • However, meetings attended for personal or professional licensing purposes are not “informational meetings.” 68B.22(4)(q)
honoraria defined
Honoraria- Defined
  • An honorarium is anything of value that is accepted or received as consideration for an appearance, speech, or article. 68B.2(10)
honoraria general prohibition
Honoraria-General Prohibition
  • Honorariums shall not be accepted from a restricted donor 68B.23(2)
honoraria permitted
Honoraria-Permitted
  • Consists of payment of actual expenses for registration, food, beverages, travel and lodging “when the expenses relate directly to the day or days on which the [employee] has participation or presentation responsibilities”
  • Consists of a nonmonetary item that is donated within 30 days to the UI or other charity
  • Consists of a payment “for services rendered as part of a bona fide . . . profession in which the [employee] is engaged if the payment is commensurate with the actual services rendered and is not being made because of the [employee’s] status as [an employee], but rather because of some special expertise or other qualification. 68B.23
review
Review
  • Gift Law
    • Statute
    • Definitions
    • General Rule
    • Significant Exceptions
  • Honoraria