House Study Bill 141 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON RIZER) A BILL FOR An Act relating to lobbying activities of certain state and 1 local employees and their use of public resources and 2 providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2620YC (2) 87 tm/rj

H.F. _____ Section 1. NEW SECTION . 68B.9 Lobbying activities using 1 public resources. 2 1. A local employee or state employee shall not use public 3 resources to encourage one or more persons to contact members 4 of the general assembly, a state agency, or any statewide 5 elected official for purposes of encouraging the passage, 6 defeat, approval, veto, or modification of legislation, rules, 7 or executive orders by members of the general assembly, a 8 state agency, or any statewide elected official. For purposes 9 of this section, “public resources” means the moneys, time, 10 property, facilities, equipment, and supplies of the local or 11 state employer. 12 2. This section shall not be construed to do any of the 13 following: 14 a. Prohibit a state agency or political subdivision of 15 the state from designating one or more employees to represent 16 the state agency or political subdivision for the purpose 17 of encouraging the passage, defeat, approval, veto, or 18 modification of legislation, a rule, or an executive order 19 by members of the general assembly, a state agency, or any 20 statewide elected official. 21 b. Prohibit a local employee or state employee from giving 22 testimony or providing information or assistance at sessions 23 of committees of the general assembly or at public hearings 24 of state agencies or from giving testimony or providing 25 information or assistance at the request of public officials 26 or employees. 27 c. Prohibit a local employee or state employee from 28 submitting data, views, or arguments in writing, or requesting 29 an opportunity to make an oral presentation under section 30 17A.4, subsection 1. 31 d. Limit the freedom of speech of a local employee or state 32 employee, so long as the local employee or state employee is 33 not using public resources. 34 Sec. 2. Section 68B.34, Code 2017, is amended to read as 35 -1- LSB 2620YC (2) 87 tm/rj 1/ 3

H.F. _____ follows: 1 68B.34 Additional penalty. 2 In addition to any penalty contained in any other provision 3 of law, a person who knowingly and intentionally violates a 4 provision of sections 68B.2A through 68B.8 68B.9 , sections 5 68B.22 through 68B.24 , or sections 68B.35 through 68B.38 6 is guilty of a serious misdemeanor and may be reprimanded, 7 suspended, or dismissed from the person’s position or otherwise 8 sanctioned. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill relates to lobbying activities using public 13 resources. 14 The bill prohibits a local employee or state employee from 15 using public resources to encourage one or more persons to 16 contact members of the general assembly, a state agency, or 17 any statewide elected official for purposes of encouraging 18 the passage, defeat, approval, veto, or modification of 19 legislation, rules, or executive orders by members of the 20 general assembly, a state agency, or any statewide elected 21 official. The term “state employee” means a person who is 22 not an official and is a paid employee of the state of Iowa 23 and does not include an independent contractor, an employee 24 of the judicial branch who is not an employee of the office 25 of attorney general, an employee of the general assembly, 26 an employee of a political subdivision of the state, or an 27 employee of any agricultural commodity promotional board, if 28 the board is subject to a producer referendum. The term “local 29 employee” means a person employed by a political subdivision of 30 this state and does not include an independent contractor. The 31 term “public resources” is defined to mean the moneys, time, 32 property, facilities, equipment, and supplies of the local or 33 state employer. 34 The bill provides limits on how the general prohibition 35 -2- LSB 2620YC (2) 87 tm/rj 2/ 3

H.F. _____ may be construed. The bill provides that the prohibition 1 shall not be construed to prohibit a state agency or political 2 subdivision of the state from designating one or more employees 3 to represent the state agency or political subdivision for 4 lobbying purposes; to prohibit a local employee or state 5 employee from giving testimony or providing information or 6 assistance at sessions of committees of the general assembly or 7 at public hearings of state agencies or from giving testimony 8 or providing information or assistance at the request of public 9 officials or employees; to prohibit a local employee or state 10 employee from submitting data, views, or arguments in writing, 11 or requesting an opportunity to make an oral presentation under 12 Code section 17A.4; or to limit the freedom of speech of a 13 local employee or state employee, as long as the local employee 14 or state employee is not using public resources. 15 The bill provides that a person that knowingly and 16 intentionally violates the provisions of the bill is guilty of 17 a serious misdemeanor and may be reprimanded, suspended, or 18 dismissed from the person’s position or otherwise sanctioned. 19 A serious misdemeanor is punishable by confinement for no more 20 than one year and a fine of at least $315 but not more than 21 $1,875. 22 -3- LSB 2620YC (2) 87 tm/rj 3/ 3