Bill Text: IA HSB141 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to lobbying activities of certain state and local employees and their use of public resources and providing penalties.
Spectrum: Committee Bill
Status: (N/A - Dead) 2017-02-23 - Subcommittee Meeting: 02/23/2017 9:30AM House Lounge (Cancelled) [HSB141 Detail]
Download: Iowa-2017-HSB141-Introduced.html
House
Study
Bill
141
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
RIZER)
A
BILL
FOR
An
Act
relating
to
lobbying
activities
of
certain
state
and
1
local
employees
and
their
use
of
public
resources
and
2
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
68B.9
Lobbying
activities
using
1
public
resources.
2
1.
A
local
employee
or
state
employee
shall
not
use
public
3
resources
to
encourage
one
or
more
persons
to
contact
members
4
of
the
general
assembly,
a
state
agency,
or
any
statewide
5
elected
official
for
purposes
of
encouraging
the
passage,
6
defeat,
approval,
veto,
or
modification
of
legislation,
rules,
7
or
executive
orders
by
members
of
the
general
assembly,
a
8
state
agency,
or
any
statewide
elected
official.
For
purposes
9
of
this
section,
“public
resources”
means
the
moneys,
time,
10
property,
facilities,
equipment,
and
supplies
of
the
local
or
11
state
employer.
12
2.
This
section
shall
not
be
construed
to
do
any
of
the
13
following:
14
a.
Prohibit
a
state
agency
or
political
subdivision
of
15
the
state
from
designating
one
or
more
employees
to
represent
16
the
state
agency
or
political
subdivision
for
the
purpose
17
of
encouraging
the
passage,
defeat,
approval,
veto,
or
18
modification
of
legislation,
a
rule,
or
an
executive
order
19
by
members
of
the
general
assembly,
a
state
agency,
or
any
20
statewide
elected
official.
21
b.
Prohibit
a
local
employee
or
state
employee
from
giving
22
testimony
or
providing
information
or
assistance
at
sessions
23
of
committees
of
the
general
assembly
or
at
public
hearings
24
of
state
agencies
or
from
giving
testimony
or
providing
25
information
or
assistance
at
the
request
of
public
officials
26
or
employees.
27
c.
Prohibit
a
local
employee
or
state
employee
from
28
submitting
data,
views,
or
arguments
in
writing,
or
requesting
29
an
opportunity
to
make
an
oral
presentation
under
section
30
17A.4,
subsection
1.
31
d.
Limit
the
freedom
of
speech
of
a
local
employee
or
state
32
employee,
so
long
as
the
local
employee
or
state
employee
is
33
not
using
public
resources.
34
Sec.
2.
Section
68B.34,
Code
2017,
is
amended
to
read
as
35
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follows:
1
68B.34
Additional
penalty.
2
In
addition
to
any
penalty
contained
in
any
other
provision
3
of
law,
a
person
who
knowingly
and
intentionally
violates
a
4
provision
of
sections
68B.2A
through
68B.8
68B.9
,
sections
5
68B.22
through
68B.24
,
or
sections
68B.35
through
68B.38
6
is
guilty
of
a
serious
misdemeanor
and
may
be
reprimanded,
7
suspended,
or
dismissed
from
the
person’s
position
or
otherwise
8
sanctioned.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
relates
to
lobbying
activities
using
public
13
resources.
14
The
bill
prohibits
a
local
employee
or
state
employee
from
15
using
public
resources
to
encourage
one
or
more
persons
to
16
contact
members
of
the
general
assembly,
a
state
agency,
or
17
any
statewide
elected
official
for
purposes
of
encouraging
18
the
passage,
defeat,
approval,
veto,
or
modification
of
19
legislation,
rules,
or
executive
orders
by
members
of
the
20
general
assembly,
a
state
agency,
or
any
statewide
elected
21
official.
The
term
“state
employee”
means
a
person
who
is
22
not
an
official
and
is
a
paid
employee
of
the
state
of
Iowa
23
and
does
not
include
an
independent
contractor,
an
employee
24
of
the
judicial
branch
who
is
not
an
employee
of
the
office
25
of
attorney
general,
an
employee
of
the
general
assembly,
26
an
employee
of
a
political
subdivision
of
the
state,
or
an
27
employee
of
any
agricultural
commodity
promotional
board,
if
28
the
board
is
subject
to
a
producer
referendum.
The
term
“local
29
employee”
means
a
person
employed
by
a
political
subdivision
of
30
this
state
and
does
not
include
an
independent
contractor.
The
31
term
“public
resources”
is
defined
to
mean
the
moneys,
time,
32
property,
facilities,
equipment,
and
supplies
of
the
local
or
33
state
employer.
34
The
bill
provides
limits
on
how
the
general
prohibition
35
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may
be
construed.
The
bill
provides
that
the
prohibition
1
shall
not
be
construed
to
prohibit
a
state
agency
or
political
2
subdivision
of
the
state
from
designating
one
or
more
employees
3
to
represent
the
state
agency
or
political
subdivision
for
4
lobbying
purposes;
to
prohibit
a
local
employee
or
state
5
employee
from
giving
testimony
or
providing
information
or
6
assistance
at
sessions
of
committees
of
the
general
assembly
or
7
at
public
hearings
of
state
agencies
or
from
giving
testimony
8
or
providing
information
or
assistance
at
the
request
of
public
9
officials
or
employees;
to
prohibit
a
local
employee
or
state
10
employee
from
submitting
data,
views,
or
arguments
in
writing,
11
or
requesting
an
opportunity
to
make
an
oral
presentation
under
12
Code
section
17A.4;
or
to
limit
the
freedom
of
speech
of
a
13
local
employee
or
state
employee,
as
long
as
the
local
employee
14
or
state
employee
is
not
using
public
resources.
15
The
bill
provides
that
a
person
that
knowingly
and
16
intentionally
violates
the
provisions
of
the
bill
is
guilty
of
17
a
serious
misdemeanor
and
may
be
reprimanded,
suspended,
or
18
dismissed
from
the
person’s
position
or
otherwise
sanctioned.
19
A
serious
misdemeanor
is
punishable
by
confinement
for
no
more
20
than
one
year
and
a
fine
of
at
least
$315
but
not
more
than
21
$1,875.
22
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