House Study Bill 123



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            GOVERNMENT OVERSIGHT BILL
                                            BY CHAIRPERSON ALONS)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to dual governmental employment by executive
  2    branch officials and state employees.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1496YC 81
  5 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                           EXPLANATION
  1 30    This bill relates to dual governmental employment by
  1 31 executive branch officials and state employees.
  1 32    The bill provides that an official or state employee shall
  1 33 not perform services for or accept employment with a different
  1 34 agency, the judicial branch, or any unit of the United States
  1 35 government except when certain conditions are met, which
  2  1 include obtaining consent from the agency for which the person
  2  2 is an official or a state employee, that the performance of
  2  3 services or employment does not violate any other provisions
  2  4 of Code chapter 68B, and that the performance of services or
  2  5 employment will not cause the official or state employee to
  2  6 advocate on behalf of the newly associated governmental entity
  2  7 before the agency which the official serves or by which the
  2  8 state employee is employed.  The bill provides that an agency
  2  9 granting consent shall file a copy of the consent with the
  2 10 Iowa board of ethics and campaign finance within 20 days of
  2 11 the consent being granted.  The bill excludes from the
  2 12 requirements for dual governmental employment volunteer work
  2 13 and the ability of an official or state employee to seek
  2 14 elected public office.
  2 15    The term "agency" means a department, division, board,
  2 16 commission, bureau, or office of the executive or legislative
  2 17 branch of state government, the office of attorney general,
  2 18 the state board of regents, community colleges, and the office
  2 19 of the governor, including a regulatory agency, or any
  2 20 department, division, board, commission, bureau, or office of
  2 21 a political subdivision of the state, but does not include any
  2 22 agricultural commodity promotional board, which is subject to
  2 23 a producer referendum.
  2 24 LSB 1496YC 81
  2 25 tm:rj/cf/24