House File 413 - Introduced



                                       HOUSE FILE       
                                       BY  D. OLSON


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

                                      A BILL FOR

  1 An Act relating to certain lobbying activities by employees of
  2    the general assembly.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2370HH 83
  5 tm/rj/5

PAG LIN



  1  1    Section 1.  Section 68B.5A, subsections 1, 2, 3, 5, and 6,
  1  2 Code 2009, are amended to read as follows:
  1  3    1.  A person who serves as a statewide elected official,
  1  4 the executive or administrative head of an agency of state
  1  5 government, the deputy executive or administrative head of an
  1  6 agency of state government, or a member or legislative
  1  7 employee of the general assembly shall not act as a lobbyist
  1  8 during the time in which the person serves or is employed by
  1  9 the state unless the person is designated, by the agency in
  1 10 which the person serves or is employed, to represent the
  1 11 official position of the agency.
  1 12    2.  The head of a major subunit of a department or
  1 13 independent state agency whose position involves substantial
  1 14 exercise of administrative discretion or the expenditure of
  1 15 public funds, or a full=time employee of an office of a
  1 16 statewide elected official whose position involves substantial
  1 17 exercise of administrative discretion or the expenditure of
  1 18 public funds, or a legislative employee whose position
  1 19 involves a substantial exercise of administrative discretion
  1 20 or the expenditure of public funds, shall not, during the time
  1 21 in which the person serves or is employed by the state, act as
  1 22 a lobbyist before the agency in which the person is employed
  1 23 or before state agencies, officials, or employees with whom
  1 24 the person has substantial or regular contact as part of the
  1 25 person's duties, unless the person is designated, by the
  1 26 agency in which the person serves or is employed, to represent
  1 27 the official position of the agency.
  1 28    3.  A state or legislative employee who is not subject to
  1 29 the requirements of subsection 2 shall not act as a lobbyist
  1 30 in relation to any particular case, proceeding, or application
  1 31 with respect to which the person is directly concerned and
  1 32 personally participates as part of the person's employment,
  1 33 unless the person is designated, by the agency in which the
  1 34 person is employed, to represent the official position of the
  1 35 agency.
  2  1    5.  The head of a major subunit of a department or
  2  2 independent state agency whose position involves substantial
  2  3 exercise of administrative discretion or the expenditure of
  2  4 public funds, or a full=time employee of an office of a
  2  5 statewide elected official whose position involves substantial
  2  6 exercise of administrative discretion or the expenditure of
  2  7 public funds, or a legislative employee whose position
  2  8 involves a substantial exercise of administrative discretion
  2  9 or the expenditure of public funds, shall not, within two
  2 10 years after termination of employment, become a lobbyist
  2 11 before the agency in which the person was employed or before
  2 12 state agencies or officials or employees with whom the person
  2 13 had substantial and regular contact as part of the person's
  2 14 former duties.
  2 15    6.  A state or legislative employee who is not subject to
  2 16 the requirements of subsection 2 shall not, within two years
  2 17 after termination of employment, act as a lobbyist in relation
  2 18 to any particular case, proceeding, or application with
  2 19 respect to which the person was directly concerned and
  2 20 personally participated as part of the person's employment.
  2 21                           EXPLANATION
  2 22    This bill relates to certain lobbying activities by
  2 23 employees of the general assembly.
  2 24    The bill prohibits a full=time employee of the general
  2 25 assembly from acting as a lobbyist during the time in which
  2 26 the person serves or is employed by the state.  As a result,
  2 27 the employee is further prohibited from becoming a lobbyist
  2 28 within two years after the termination of employment with the
  2 29 general assembly.  These prohibitions would be identical to
  2 30 the prohibitions currently in place for members of the general
  2 31 assembly.  As is the case for members of the general assembly,
  2 32 the bill would allow an employee of the general assembly to
  2 33 lobby within two years of the termination of employment if the
  2 34 person is elected to, appointed to, or employed by another
  2 35 office of the state, an office of a political subdivision of
  3  1 the state, or the federal government and appears or
  3  2 communicates on behalf or as part of the duties of that office
  3  3 or employment.
  3  4 LSB 2370HH 83
  3  5 tm/rj/5