Senate File 2238 - Introduced SENATE FILE 2238 BY DANIELSON A BILL FOR An Act relating to the prohibited use of government resources 1 for lobbying activities and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6054XS (5) 83 tm/rj
S.F. 2238 Section 1. NEW SECTION . 68B.8A Prohibited use of government 1 resources for lobbying. 2 1. A person employed by the state or a political subdivision 3 of the state shall not use the facilities, equipment, or 4 supplies of the state or the political subdivision for purposes 5 of encouraging the passage, defeat, approval, veto, or 6 modification of legislation, a rule, or an executive order. 7 2. This section shall not apply to an employee of the state 8 or political subdivision of the state described by any of the 9 following: 10 a. A person defined under section 68B.2, subsection 13, 11 paragraph “a” , subparagraph (3). 12 b. A person exempt from the definition of lobbyist under 13 section 68B.2, subsection 13, paragraph “b” . 14 c. A person serving in or employed by the general assembly. 15 Sec. 2. Section 68B.34, Code Supplement 2009, is amended to 16 read as follows: 17 68B.34 Additional penalty. 18 In addition to any penalty contained in any other provision 19 of law, a person who knowingly and intentionally violates a 20 provision of sections 68B.2A through 68B.8 68B.8A , sections 21 68B.22 through 68B.24, or sections 68B.35 through 68B.38 22 is guilty of a serious misdemeanor and may be reprimanded, 23 suspended, or dismissed from the person’s position or otherwise 24 sanctioned. 25 Sec. 3. Section 68B.34A, subsection 2, Code Supplement 26 2009, is amended to read as follows: 27 2. Complaints alleging conduct of local officials or local 28 employees which violates section 68B.8A, 68B.36, 68B.37, 29 or 68B.38 shall be filed with the ethics committee of the 30 appropriate house of the general assembly if the conduct 31 involves lobbying activities before the general assembly or 32 with the board if the conduct involves lobbying activities 33 before the executive branch. 34 EXPLANATION 1 -1- LSB 6054XS (5) 83 tm/rj 1/ 2
S.F. 2238 This bill relates to the prohibited use of government 2 resources for lobbying activities. 3 The bill prohibits a person employed by the state or a 4 political subdivision of the state from using the facilities, 5 equipment, or supplies of the state or the political 6 subdivision for purposes of encouraging the passage, defeat, 7 approval, veto, or modification of legislation, a rule, or an 8 executive order. The prohibition does not apply to a person 9 who represents the position of a federal, state, or local 10 government agency, in which the person serves or is employed 11 as the designated representative, a person included under the 12 various exceptions to the defined term “lobbyist”, or a person 13 serving in or employed by the general assembly. 14 The bill provides that complaints alleging the conduct 15 of local officials or local employees which violates the 16 provisions of the bill shall be with the ethics committee of 17 the appropriate house of the general assembly if the conduct 18 involves lobbying activities before the general assembly or 19 with the ethics and campaign disclosure board if the conduct 20 involves lobbying activities before the executive branch. 21 The bill also provides that a person who knowingly and 22 intentionally violates the provisions of the bill is guilty of 23 a serious misdemeanor. 24 -2- LSB 6054XS (5) 83 tm/rj 2/ 2