Gift Law FAQs

The gift law was enacted to help protect the public's trust in the government officials and employees that serve them. By preventing certain donors from gaining advantage by giving gifts to those in government, the law seeks to maintain fair and impartial decisions/actions.

A restricted donor is defined as a person who is in any of the following categories:

1. Is or is seeking to be a party to any one or any combination of sales, purchases, leases, or contracts to, from, or with the agency in which the donee holds office or is employed. 
2. Will personally be, or is the agent of a person who will be, directly and substantially affected financially by the performance or nonperformance of the donee’s official duty in a way that is greater than the effect on the public generally or on a substantial class of persons to which the person belongs as a member of a profession, occupation, industry, or region. 
3. Is personally, or is the agent of a person who is, the subject of or party to a matter which is pending before a subunit of a regulatory agency and over which the donee has discretionary authority as part of the donee’s official duties or employment within the regulatory agency subunit. 
4. Is a lobbyist or a client of a lobbyist with respect to matters within the donee’s jurisdiction.

If you are unsure if someone is a restricted donor, contact us. 

Maybe. Iowa Code section 68B.22(4) provides a list of exceptions to the gift law, such as if you are married to a restricted donor, and more. Additionally, non-monetary items with a value of three dollars or less can be accepted from any one donor during one calendar day.

Asking whether you should accept a gift is different from asking whether the gift law permits you to accept one. The gift law discourages all gratuities to government employees and officials, as even the appearance of impropriety can undermine the public's trust. 

Even if you can legally accept a gift, you may want to reconsider whether it is the right thing to do and whether it might appear problematic to the people you serve. 

Iowa Code chapter 68B defines gift as "a rendering of anything of value in return for which legal consideration of equal or greater value is not given and received." 

For example, if you are buying a car from a restricted donor at fair market value with no special treatment, that is not a gift. If the seller offers you a special discount not offered to anyone else, that may be a gift. Be aware of those who may try to influence your official duties as a public servant.