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 TLSB 1555YC (3) 87 tm/jh/rj
H.F. _____ 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 -1- LSB 1555YC (3) 87 tm/jh/rj 1/ 2
H.F. _____ 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. 12 -2- LSB 1555YC (3) 87 tm/jh/rj 2/ 2