Senate File 217 - Introduced SENATE FILE 217 BY BOLKCOM A BILL FOR An Act relating to lobbying activities by former executive 1 branch employees, and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2285XS (3) 89 jh/tm

S.F. 217 Section 1. Section 68B.5A, subsections 5 and 6, Code 2021, 1 are amended to read as follows: 2 5. a. The Except as provided for in paragraph “b” , the head 3 of a major subunit of a department or independent state agency 4 whose position involves substantial exercise of administrative 5 discretion or the expenditure of public funds, a full-time 6 employee of an office of a statewide elected official whose 7 position involves substantial exercise of administrative 8 discretion or the expenditure of public funds, or a legislative 9 employee whose position involves a substantial exercise of 10 administrative discretion or the expenditure of public funds, 11 shall not, within two years after termination of employment, 12 become a lobbyist before the agency in which the person was 13 employed or before state agencies or officials or employees 14 with whom the person had substantial and regular contact as 15 part of the person’s former duties. 16 b. A person described in paragraph “a” who was an employee 17 of the executive branch of state government shall not within 18 two years after the termination of employment with the 19 executive branch of state government become a lobbyist. 20 6. a. A Except as provided for in paragraph “b” , a state 21 or legislative employee who is not subject to the requirements 22 of subsection 2 shall not, within two years after termination 23 of employment, act as a lobbyist in relation to any particular 24 case, proceeding, or application with respect to which the 25 person was directly concerned and personally participated as 26 part of the person’s employment. 27 b. A person described in paragraph “a” who was an employee 28 of the executive branch of state government shall not within 29 two years after the termination of employment with the 30 executive branch of state government become a lobbyist. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 Current law restricts the ability of former state officials 35 -1- LSB 2285XS (3) 89 jh/tm 1/ 3

S.F. 217 and employees from lobbying after termination of service or 1 employment. With regard to state employees, the extent of 2 the restriction depends upon the amount of discretion and 3 authority the former employee held. The former executive or 4 administrative head or deputy executive or administrative head 5 of an agency of state government is prohibited from lobbying 6 for two years after termination of employment. The former 7 head of a major subunit of a department or independent state 8 agency or a full-time employee of an office of a statewide 9 elected official whose position involved substantial exercise 10 of administrative discretion or the expenditure of public funds 11 is prohibited from lobbying for two years before the agency 12 in which the person was employed or before state agencies or 13 officials or employees with whom the person had substantial and 14 regular contact as part of the person’s former duties. State 15 employees with less discretion and authority are prohibited 16 from lobbying for two years in relation to any particular case, 17 proceeding, or application with respect to which the person was 18 directly concerned and personally participated as part of the 19 person’s employment. 20 This bill provides that a former employee of the executive 21 branch of state government is prohibited from lobbying for 22 two years after termination of employment regardless of the 23 amount of discretion or authority the former employee had. The 24 prohibition does not apply to a person who, within two years 25 of leaving employment with the state, is elected to, appointed 26 to, or employed by another office of the state, an office of a 27 political subdivision of the state, or the federal government 28 and appears or communicates on behalf or as part of the duties 29 of that office or employment. 30 Under Code section 68B.34, a person who knowingly and 31 intentionally violates a provision of the bill is guilty of 32 a serious misdemeanor and may be reprimanded, suspended, or 33 dismissed from the person’s position or otherwise sanctioned. 34 A serious misdemeanor is punishable by confinement for no more 35 -2- LSB 2285XS (3) 89 jh/tm 2/ 3

S.F. 217 than one year and a fine of at least $430 but not more than 1 $2,560. 2 -3- LSB 2285XS (3) 89 jh/tm 3/ 3