Senate Study Bill 3086 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON SMITH) A BILL FOR An Act requiring applicants and employees in state employment 1 or applicants or members of a board subject to senate 2 confirmation to disclose whether they have registered as 3 foreign agents and making penalties applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5204XC (6) 87 ec/rj

S.F. _____ 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 5204XC (6) 87 ec/rj 1/ 3

S.F. _____ 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. Section 8A.413, Code 2018, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 5A. For an applicant for employment in the 16 executive branch to disclose in the application for employment 17 whether the applicant has filed a registration statement 18 pursuant to the federal Foreign Agents Registration Act of 19 1938, as amended, 22 U.S.C. §611 et seq. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill requires an appointee or appointed member of a 24 board subject to senate confirmation and an applicant for 25 employment or employee in the executive branch to disclose 26 whether the person has filed a registration statement pursuant 27 to the federal Foreign Agents Registration Act of 1938, as 28 amended. 29 Code section 2.32, concerning senate confirmation of 30 gubernatorial appointments, is amended to provide that a person 31 whose appointment is subject to senate confirmation shall make 32 available to the senate committee to which the appointment is 33 referred a notarized statement on whether the person has filed 34 a registration statement pursuant to the federal Foreign Agents 35 -2- LSB 5204XC (6) 87 ec/rj 2/ 3

S.F. _____ Registration Act. 1 New Code section 7E.8 requires a member of any board, 2 committee, commission, or council who was subject to senate 3 confirmation to disclose to the appointing authority of that 4 member if the person has subsequently filed a registration 5 statement pursuant to the federal Foreign Agents Registration 6 Act. 7 New Code section 8A.403, concerning nonmerit state 8 employees, is created, and Code section 8A.413, concerning 9 state human resource management rules, is amended, to provide 10 that the department of administrative services adopt rules 11 requiring an applicant for employment in the executive branch 12 for both merit and nonmerit covered positions to disclose 13 whether the applicant has filed a registration statement 14 pursuant to the federal Foreign Agents Registration Act. 15 Pursuant to Code section 8A.458, a person who willfully 16 violates rules adopted by the department pursuant to the 17 subchapter in Code chapter 8A concerning human resource 18 management is guilty of a simple misdemeanor. A simple 19 misdemeanor is punishable by confinement for no more than 30 20 days or a fine of at least $65 but not more than $625 or by 21 both. 22 New Code section 8A.404 provides that an employee of a state 23 agency shall disclose to the hiring authority for that employee 24 if the employee has subsequently filed a registration statement 25 pursuant to the federal Foreign Agents Registration Act. 26 -3- LSB 5204XC (6) 87 ec/rj 3/ 3