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Senate File 217 - IntroducedA Bill ForAn Act 1relating to lobbying activities by former executive
2branch employees, and making penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 68B.5A, subsections 5 and 6, Code 2021,
2are amended to read as follows:
35. a. The Except as provided for in paragraph “b”, the head
4of a major subunit of a department or independent state agency
5whose position involves substantial exercise of administrative
6discretion or the expenditure of public funds, a full-time
7employee of an office of a statewide elected official whose
8position involves substantial exercise of administrative
9discretion or the expenditure of public funds, or a legislative
10employee whose position involves a substantial exercise of
11administrative discretion or the expenditure of public funds,
12shall not, within two years after termination of employment,
13become a lobbyist before the agency in which the person was
14employed or before state agencies or officials or employees
15with whom the person had substantial and regular contact as
16part of the person’s former duties.
17b. A person described in paragraph “a” who was an employee
18of the executive branch of state government shall not within
19two years after the termination of employment with the
20executive branch of state government become a lobbyist.
216. a. A Except as provided for in paragraph “b”, a state
22or legislative employee who is not subject to the requirements
23of subsection 2 shall not, within two years after termination
24of employment, act as a lobbyist in relation to any particular
25case, proceeding, or application with respect to which the
26person was directly concerned and personally participated as
27part of the person’s employment.
28b. A person described in paragraph “a” who was an employee
29of the executive branch of state government shall not within
30two years after the termination of employment with the
31executive branch of state government become a lobbyist.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35Current law restricts the ability of former state officials
-1-1and employees from lobbying after termination of service or
2employment. With regard to state employees, the extent of
3the restriction depends upon the amount of discretion and
4authority the former employee held. The former executive or
5administrative head or deputy executive or administrative head
6of an agency of state government is prohibited from lobbying
7for two years after termination of employment. The former
8head of a major subunit of a department or independent state
9agency or a full-time employee of an office of a statewide
10elected official whose position involved substantial exercise
11of administrative discretion or the expenditure of public funds
12is prohibited from lobbying for two years before the agency
13in which the person was employed or before state agencies or
14officials or employees with whom the person had substantial and
15regular contact as part of the person’s former duties. State
16employees with less discretion and authority are prohibited
17from lobbying for two years in relation to any particular case,
18proceeding, or application with respect to which the person was
19directly concerned and personally participated as part of the
20person’s employment.
21This bill provides that a former employee of the executive
22branch of state government is prohibited from lobbying for
23two years after termination of employment regardless of the
24amount of discretion or authority the former employee had. The
25prohibition does not apply to a person who, within two years
26of leaving employment with the state, is elected to, appointed
27to, or employed by another office of the state, an office of a
28political subdivision of the state, or the federal government
29and appears or communicates on behalf or as part of the duties
30of that office or employment.
31Under Code section 68B.34, a person who knowingly and
32intentionally violates a provision of the bill is guilty of
33a serious misdemeanor and may be reprimanded, suspended, or
34dismissed from the person’s position or otherwise sanctioned.
35A serious misdemeanor is punishable by confinement for no more
-2-1than one year and a fine of at least $430 but not more than
2$2,560.
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2branch employees, and making penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 68B.5A, subsections 5 and 6, Code 2021,
2are amended to read as follows:
35. a. The Except as provided for in paragraph “b”, the head
4of a major subunit of a department or independent state agency
5whose position involves substantial exercise of administrative
6discretion or the expenditure of public funds, a full-time
7employee of an office of a statewide elected official whose
8position involves substantial exercise of administrative
9discretion or the expenditure of public funds, or a legislative
10employee whose position involves a substantial exercise of
11administrative discretion or the expenditure of public funds,
12shall not, within two years after termination of employment,
13become a lobbyist before the agency in which the person was
14employed or before state agencies or officials or employees
15with whom the person had substantial and regular contact as
16part of the person’s former duties.
17b. A person described in paragraph “a” who was an employee
18of the executive branch of state government shall not within
19two years after the termination of employment with the
20executive branch of state government become a lobbyist.
216. a. A Except as provided for in paragraph “b”, a state
22or legislative employee who is not subject to the requirements
23of subsection 2 shall not, within two years after termination
24of employment, act as a lobbyist in relation to any particular
25case, proceeding, or application with respect to which the
26person was directly concerned and personally participated as
27part of the person’s employment.
28b. A person described in paragraph “a” who was an employee
29of the executive branch of state government shall not within
30two years after the termination of employment with the
31executive branch of state government become a lobbyist.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35Current law restricts the ability of former state officials
-1-1and employees from lobbying after termination of service or
2employment. With regard to state employees, the extent of
3the restriction depends upon the amount of discretion and
4authority the former employee held. The former executive or
5administrative head or deputy executive or administrative head
6of an agency of state government is prohibited from lobbying
7for two years after termination of employment. The former
8head of a major subunit of a department or independent state
9agency or a full-time employee of an office of a statewide
10elected official whose position involved substantial exercise
11of administrative discretion or the expenditure of public funds
12is prohibited from lobbying for two years before the agency
13in which the person was employed or before state agencies or
14officials or employees with whom the person had substantial and
15regular contact as part of the person’s former duties. State
16employees with less discretion and authority are prohibited
17from lobbying for two years in relation to any particular case,
18proceeding, or application with respect to which the person was
19directly concerned and personally participated as part of the
20person’s employment.
21This bill provides that a former employee of the executive
22branch of state government is prohibited from lobbying for
23two years after termination of employment regardless of the
24amount of discretion or authority the former employee had. The
25prohibition does not apply to a person who, within two years
26of leaving employment with the state, is elected to, appointed
27to, or employed by another office of the state, an office of a
28political subdivision of the state, or the federal government
29and appears or communicates on behalf or as part of the duties
30of that office or employment.
31Under Code section 68B.34, a person who knowingly and
32intentionally violates a provision of the bill is guilty of
33a serious misdemeanor and may be reprimanded, suspended, or
34dismissed from the person’s position or otherwise sanctioned.
35A serious misdemeanor is punishable by confinement for no more
-2-1than one year and a fine of at least $430 but not more than
2$2,560.
-3-jh/tm