House Study Bill 517 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED ETHICS AND CAMPAIGN DISCLOSURE BOARD BILL) A BILL FOR An Act relating to the use of public resources for political 1 purposes. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5247XD (2) 86 aw/sc
S.F. _____ H.F. _____ Section 1. Section 68A.505, Code 2016, is amended to read 1 as follows: 2 68A.505 Use of public moneys resources for political 3 purposes. 4 1. The state and the governing body of a county, city, 5 school district, or other political subdivision of the state 6 shall not expend use or permit the expenditure use of public 7 moneys resources for political purposes , including expressly 8 advocating the passage or defeat of a ballot issue . 9 2. A public official or public employee shall not use public 10 resources for political purposes. 11 3. This section shall not be construed to limit the 12 freedom of speech of officials or employees of the state or of 13 officials or employees of a governing body of a county, city, 14 or other political subdivision of the state a public official 15 or public employee, so long as the public official or public 16 employee is not using public resources . This section also 17 shall not be construed to prohibit the state or a governing 18 body of a political subdivision of the state from expressing an 19 opinion on a ballot issue through the passage of a resolution 20 or proclamation. 21 4. The board shall adopt rules pursuant to chapter 17A to 22 administer and interpret this section. 23 5. As used in this section: 24 a. “Public employee” means the same as defined in section 25 68B.2. 26 b. “Public official” means the same as defined in section 27 68B.2. 28 c. “Public resources” means the moneys, time, property, 29 facilities, equipment, and supplies of the state or a county, 30 city, school district, or other political subdivision of the 31 state. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -1- LSB 5247XD (2) 86 aw/sc 1/ 2
S.F. _____ H.F. _____ Current Code section 68A.505 prohibits the state or the 1 governing body of a political subdivision from expending public 2 moneys for political purposes. This bill prohibits the use 3 of public resources for political purposes by the state, the 4 governing body of a political subdivision, public officials, 5 and public employees. Under the bill, public resources 6 includes the moneys, time, property, facilities, equipment, and 7 supplies of the state or a county, city, school district, or 8 other political subdivision. 9 The bill grants the ethics and campaign disclosure board 10 the authority to adopt rules to administer and interpret 11 Code section 68A.505. If interpretive rulemaking authority 12 is clearly vested in the discretion of a board or agency by 13 statute, the applicable judicial standard of review is whether 14 the rules constitute an irrational, illogical, or wholly 15 unjustifiable interpretation of law by the agency (Code section 16 17A.19(10)(l)). If interpretive rulemaking authority is not 17 clearly vested in the discretion of an agency, the applicable 18 judicial standard of review is whether the rules constitute an 19 erroneous interpretation of law (Code section 17A.19(10)(c)). 20 -2- LSB 5247XD (2) 86 aw/sc 2/ 2