SSB 3012 (LSB 5247XD (2) 86)

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 purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 68A.505, Code 2016, is amended to read as follows:
   68A.505  Use of public moneys resources for political purposes.
   1.  The state and the governing body of a county, city, school district, or other political subdivision of the state shall not expend use or permit the expenditure use of public moneys resources for political purposes, including expressly advocating the passage or defeat of a ballot issue.
   2.  A public official or public employee shall not use public resources for political purposes.
   3.  This section shall not be construed to limit the freedom of speech of officials or employees of the state or of officials or employees of a governing body of a county, city, or other political subdivision of the state a public official or public employee, so long as the public official or public employee is not using public resources. This section also shall not be construed to prohibit the state or a governing body of a political subdivision of the state from expressing an opinion on a ballot issue through the passage of a resolution or proclamation.
   4.  The board shall adopt rules pursuant to chapter 17A to administer and interpret this section.
   5.  As used in this section: 
   a.  “Public employee” means the same as defined in section 68B.2.
   b.  “Public official” means the same as defined in section 68B.2.
   c.  “Public resources” means the moneys, time, property, facilities, equipment, and supplies of the state or a county, city, school district, or other political subdivision of the state.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   Current Code section 68A.505 prohibits the state or the governing body of a political subdivision from expending public moneys for political purposes. This bill prohibits the use of public resources for political purposes by the state, the governing body of a political subdivision, public officials, and public employees. Under the bill, public resources includes the moneys, time, property, facilities, equipment, and supplies of the state or a county, city, school district, or other political subdivision.
   The bill grants the ethics and campaign disclosure board the authority to adopt rules to administer and interpret Code section 68A.505. If interpretive rulemaking authority is clearly vested in the discretion of a board or agency by statute, the applicable judicial standard of review is whether the rules constitute an irrational, illogical, or wholly unjustifiable interpretation of law by the agency (Code section 17A.19(10)(l)). If interpretive rulemaking authority is not clearly vested in the discretion of an agency, the applicable judicial standard of review is whether the rules constitute an erroneous interpretation of law (Code section 17A.19(10)(c)).