House File 242 - Introduced
HOUSE FILE
BY RAECKER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to governmental employment by executive branch
2 officials, state employees, and members of the general
3 assembly.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2255HH 81
6 tm/cf/24
PAG LIN
1 1 Section 1. NEW SECTION. 68B.2B DUAL GOVERNMENTAL
1 2 EMPLOYMENT BY STATE EXECUTIVE BRANCH OFFICIALS AND EMPLOYEES.
1 3 1. An official or state employee shall not perform
1 4 services for or accept employment with a different agency, the
1 5 judicial branch, or any unit of the United States government
1 6 except when all of the following conditions are met:
1 7 a. Consent is obtained from the agency of which the person
1 8 is an official or state employee. The person granting the
1 9 consent shall not be the official or state employee seeking
1 10 dual governmental employment under this section.
1 11 b. The performance of services or employment does not
1 12 violate any other provision of this chapter.
1 13 c. The performance of services or employment will not
1 14 cause the person to advocate on behalf of the other agency,
1 15 the judicial branch, or any unit of the United States
1 16 government before the agency of which the person is an
1 17 official or state employee.
1 18 2. An agency granting consent under this section shall
1 19 file a copy of the consent with the board within twenty days
1 20 of the consent being granted.
1 21 3. The board shall adopt rules specifying the method by
1 22 which officials and state employees may obtain agency consent
1 23 under this section.
1 24 4. This section does not apply to services performed or
1 25 employment accepted if the official or state employee does not
1 26 receive any direct or indirect compensation for the services
1 27 or employment. This section does not apply to an official or
1 28 state employee as a candidate for elected public office.
1 29 Sec. 2. Section 68B.5A, Code 2005, is amended by adding
1 30 the following new subsection:
1 31 NEW SUBSECTION. 4A. A member of the general assembly
1 32 shall not within two years after the termination of service
1 33 become an employee of an agency if the job responsibilities
1 34 would include appearing before or communicating with the
1 35 general assembly on behalf of the employing agency.
2 1 Sec. 3. Section 68B.5A, subsection 7, Code 2005, is
2 2 amended to read as follows:
2 3 7. This section shall not apply to a person who, within
2 4 two years of leaving service or employment with the state, is
2 5 elected to, appointed to, or employed by another office of the
2 6 state, an office of a political subdivision of the state, or
2 7 the federal government and appears or communicates on behalf
2 8 or as part of the duties of that office or employment. This
2 9 subsection shall not apply to subsection 4A.
2 10 EXPLANATION
2 11 This bill relates to governmental employment by executive
2 12 branch officials, state employees, and members of the general
2 13 assembly.
2 14 The bill provides that an official or state employee shall
2 15 not perform services for or accept employment with a different
2 16 agency, the judicial branch, or any unit of the United States
2 17 government except when certain conditions are met, which
2 18 include obtaining consent from the agency for which the person
2 19 is an official or a state employee, that the performance of
2 20 services or employment does not violate any other provisions
2 21 of Code chapter 68B, and that the performance of services or
2 22 employment will not cause the official or state employee to
2 23 advocate on behalf of the newly associated governmental entity
2 24 before the agency which the official serves or by which the
2 25 state employee is employed. The bill provides that an agency
2 26 granting consent shall file a copy of the consent with the
2 27 Iowa board of ethics and campaign finance within 20 days of
2 28 the consent being granted. The bill excludes from the
2 29 requirements for dual governmental employment volunteer work
2 30 and the ability of an official or state employee to seek
2 31 elected public office.
2 32 The bill provides that a member of the general assembly
2 33 shall not within two years after the termination of service
2 34 become an employee of an agency if the job responsibilities
2 35 would include appearing before or communicating with the
3 1 general assembly on behalf of the employing agency.
3 2 The term "agency" means a department, division, board,
3 3 commission, bureau, or office of the executive or legislative
3 4 branch of state government, the office of attorney general,
3 5 the state board of regents, community colleges, and the office
3 6 of the governor, including a regulatory agency, or any
3 7 department, division, board, commission, bureau, or office of
3 8 a political subdivision of the state, but does not include any
3 9 agricultural commodity promotional board, which is subject to
3 10 a producer referendum.
3 11 LSB 2255HH 81
3 12 tm:rj/cf/24