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
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_____
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
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_____
H.F.
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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
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