House
Study
Bill
47
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
RIZER)
A
BILL
FOR
An
Act
relating
to
the
use
of
state
and
local
public
resources
1
for
certain
lobbying
activities
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
68B.9
Lobbying
activities
by
local
1
and
state
employees
——
education
issues.
2
1.
A
local
employee
or
state
employee
shall
not
use
public
3
resources
to
encourage
the
passage,
defeat,
approval,
veto,
4
or
modification
of
education-related
legislation,
rules,
or
5
executive
orders
by
the
members
of
the
general
assembly,
a
6
state
agency,
or
any
statewide
elected
official.
For
purposes
7
of
this
subsection,
“public
resources”
means
the
moneys,
time,
8
property,
facilities,
equipment,
and
supplies
of
the
local
or
9
state
employer.
10
2.
This
section
shall
not
apply
to
a
school
district
11
superintendent
or
director
of
an
area
education
agency
if
the
12
person
is
engaging
in
nonpartisan
educational
activity
or
13
if
the
person
has
been
requested
to
provide
testimony
to
a
14
committee
of
the
general
assembly.
15
Sec.
2.
Section
68B.34,
Code
2017,
is
amended
to
read
as
16
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.9
,
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
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
prohibits
a
local
employee
or
state
employee
29
from
using
public
resources
to
encourage
the
passage,
30
defeat,
approval,
veto,
or
modification
of
education-related
31
legislation,
rules,
or
executive
orders
by
the
members
of
the
32
general
assembly,
a
state
agency,
or
any
statewide
elected
33
official.
The
term
“public
resources”
is
defined
to
mean
the
34
moneys,
time,
property,
facilities,
equipment,
and
supplies
of
35
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the
local
or
state
employer.
The
bill
exempts
school
district
1
superintendents
and
directors
of
area
education
agencies
if
2
the
person
is
engaging
in
nonpartisan
educational
activity
or
3
if
the
person
has
been
requested
to
provide
testimony
to
a
4
committee
of
the
general
assembly.
5
The
bill
provides
that
a
person
that
knowingly
and
6
intentionally
violates
the
provisions
of
the
bill
is
guilty
of
7
a
serious
misdemeanor
and
may
be
reprimanded,
suspended,
or
8
dismissed
from
the
person’s
position
or
otherwise
sanctioned.
9
A
serious
misdemeanor
is
punishable
by
confinement
for
no
more
10
than
one
year
and
a
fine
of
at
least
$315
but
not
more
than
11
$1,875.
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