S.F. 2323 Section 1. Section 2.32, subsection 9, Code 2018, is amended 1 to read as follows: 2 9. A person whose appointment is subject to senate 3 confirmation shall make available to the senate committee 4 to which the appointment is referred, upon the committee’s 5 request, a notarized statement that the person has filed 6 federal and state income tax returns for the three years 7 immediately preceding the appointment, or a notarized statement 8 of the legal reason for failure to file. In addition, a person 9 whose appointment is subject to senate confirmation shall make 10 available to the senate committee to which the appointment is 11 referred a notarized statement on whether the person has filed 12 a registration statement pursuant to the federal Foreign Agents 13 Registration Act of 1938, as amended, 22 U.S.C. §611 et seq. 14 If the appointment is to a board, commission, council, or other 15 body empowered to take disciplinary action, all complaints and 16 statements of charges, settlement agreements, findings of fact, 17 and orders pertaining to any disciplinary action taken by that 18 board, commission, council, or body in a contested case against 19 the person whose appointment is being reviewed by the senate 20 shall be made available to the senate committee to which the 21 appointment is referred upon its request. 22 Sec. 2. NEW SECTION . 7E.8 Members of boards, committees, 23 commissions, and councils —— disclosure requirements. 24 A member of any board, committee, commission, or council who 25 was subject to senate confirmation pursuant to section 2.32 26 shall disclose to the appointing authority for that board, 27 committee, commission, or council if the member has filed 28 subsequent to senate confirmation a registration statement 29 pursuant to the federal Foreign Agents Registration Act of 30 1938, as amended, 22 U.S.C. §611 et seq. 31 Sec. 3. NEW SECTION . 8A.403 Hiring procedures —— nonmerit 32 system positions. 33 The department shall establish, by rule, procedures 34 providing for the hiring of employees by a state agency to 35 -1- LSB 5204SV (2) 87 ec/rj 1/ 4

S.F. 2323 positions that are not covered by the merit system. The 1 procedures shall require that an applicant for employment to 2 a position that is not covered by the merit system disclose, 3 in writing, whether the applicant has filed a registration 4 statement pursuant to the federal Foreign Agents Registration 5 Act of 1938, as amended, 22 U.S.C. §611 et seq. 6 Sec. 4. NEW SECTION . 8A.404 State employees —— disclosure 7 requirements. 8 An employee of a state agency shall disclose to the 9 hiring authority for that employee if the employee has filed 10 subsequent to hire a registration statement pursuant to the 11 federal Foreign Agents Registration Act of 1938, as amended, 12 22 U.S.C. §611 et seq. 13 Sec. 5. NEW SECTION . 8A.405 Foreign agent registration 14 disclosures —— penalty. 15 A person who willfully violates section 8A.403, section 16 8A.404, or section 8A.413, subsection 5A, or rules adopted 17 pursuant to these provisions, is guilty of a serious 18 misdemeanor. 19 Sec. 6. Section 8A.413, Code 2018, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 5A. For an applicant for employment in the 22 executive branch to disclose in the application for employment 23 whether the applicant has filed a registration statement 24 pursuant to the federal Foreign Agents Registration Act of 25 1938, as amended, 22 U.S.C. §611 et seq. 26 Sec. 7. NEW SECTION . 68B.2C Prohibited outside employment 27 and activities —— agents of foreign principals. 28 Officials and state employees shall not engage in any 29 outside employment or activity that requires the person to 30 register under the federal Foreign Agents Registration Act, 22 31 U.S.C. §611 et seq., as amended. 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 -2- LSB 5204SV (2) 87 ec/rj 2/ 4

S.F. 2323 This bill relates to prohibitions and disclosure 1 requirements concerning outside employment or activities that 2 require a person to file a registration statement pursuant 3 to the federal Foreign Agents Registration Act of 1938, as 4 amended. 5 Code section 2.32, concerning senate confirmation of 6 gubernatorial appointments, is amended to provide that a person 7 whose appointment is subject to senate confirmation shall make 8 available to the senate committee to which the appointment is 9 referred a notarized statement on whether the person has filed 10 a registration statement pursuant to the federal Foreign Agents 11 Registration Act. 12 New Code section 7E.8 requires a member of any board, 13 committee, commission, or council who was subject to senate 14 confirmation to disclose to the appointing authority of that 15 member if the person has subsequently filed a registration 16 statement pursuant to the federal Foreign Agents Registration 17 Act. 18 New Code section 8A.403, concerning nonmerit state 19 employees, is created, and Code section 8A.413, concerning 20 state human resource management rules, is amended, to provide 21 that the department of administrative services adopt rules 22 requiring an applicant for employment in the executive branch 23 for both merit and nonmerit covered positions to disclose 24 whether the applicant has filed a registration statement 25 pursuant to the federal Foreign Agents Registration Act. 26 New Code section 8A.404 provides that an employee of a state 27 agency shall disclose to the hiring authority for that employee 28 if the employee has subsequently filed a registration statement 29 pursuant to the federal Foreign Agents Registration Act. 30 New Code section 8A.405 provides that an applicant for 31 state employment or a state employee who willfully fails to 32 disclose that the person has filed a registration statement 33 pursuant to the federal Foreign Agents Act is guilty of a 34 serious misdemeanor. A serious misdemeanor is punishable by 35 -3- LSB 5204SV (2) 87 ec/rj 3/ 4

S.F. 2323 confinement for no more than one year and a fine of at least 1 $315 but not more than $1,875. 2 New Code section 68B.2C prohibits officials and state 3 employees from engaging in any outside employment or activity 4 that requires the person to register under the federal 5 Foreign Agents Registration Act. An “official” is defined in 6 Code section 68B.2 as all statewide elected officials, the 7 executive or administrative head or heads of an agency of 8 state government, the deputy executive or administrative head 9 or heads of an agency of state government, members of boards 10 or commissions as defined under Code section 7E.4, and heads 11 of the major subunits of departments or independent state 12 agencies whose positions involve a substantial exercise of 13 administrative discretion or the expenditure of public funds 14 as defined under rules of the board adopted in consultation 15 with the department or agency and pursuant to Code chapter 16 17A. “Official” does not include officers or employees of 17 political subdivisions of the state, members of the general 18 assembly, legislative employees, officers or employees of the 19 judicial branch of government who are not members or employees 20 of the office of attorney general, members of state government 21 entities which are or exercise the same type of authority 22 that is exercised by councils or committees as defined under 23 Code section 7E.4, or members of any agricultural commodity 24 promotional board, if the board is subject to a producer 25 referendum. A “state employee” is an employee of the executive 26 branch and does not include independent contractors. A 27 person who knowingly and intentionally violates this provision 28 is guilty of a serious misdemeanor and may be reprimanded, 29 suspended, or dismissed from the person’s position or otherwise 30 sanctioned. A serious misdemeanor is punishable by confinement 31 for no more than one year and a fine of at least $315 but not 32 more than $1,875. 33 -4- LSB 5204SV (2) 87 ec/rj 4/ 4