Print
House Study Bill 47 - IntroducedA Bill ForAn Act 1relating to the use of state and local public resources
2for certain lobbying activities and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 68B.9 Lobbying activities by local
2and state employees — education issues.
31. A local employee or state employee shall not use public
4resources to encourage the passage, defeat, approval, veto,
5or modification of education-related legislation, rules, or
6executive orders by the members of the general assembly, a
7state agency, or any statewide elected official. For purposes
8of this subsection, “public resources” means the moneys, time,
9property, facilities, equipment, and supplies of the local or
10state employer.
112. This section shall not apply to a school district
12superintendent or director of an area education agency if the
13person is engaging in nonpartisan educational activity or
14if the person has been requested to provide testimony to a
15committee of the general assembly.
16 Sec. 2. Section 68B.34, Code 2017, is amended to read as
17follows:
1868B.34 Additional penalty.
19In addition to any penalty contained in any other provision
20of law, a person who knowingly and intentionally violates a
21provision of sections 68B.2A through 68B.8 68B.9, sections
2268B.22 through 68B.24, or sections 68B.35 through 68B.38
23is guilty of a serious misdemeanor and may be reprimanded,
24suspended, or dismissed from the person’s position or otherwise
25sanctioned.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill prohibits a local employee or state employee
30from using public resources to encourage the passage,
31defeat, approval, veto, or modification of education-related
32legislation, rules, or executive orders by the members of the
33general assembly, a state agency, or any statewide elected
34official. The term “public resources” is defined to mean the
35moneys, time, property, facilities, equipment, and supplies of
-1-1the local or state employer. The bill exempts school district
2superintendents and directors of area education agencies if
3the person is engaging in nonpartisan educational activity or
4if the person has been requested to provide testimony to a
5committee of the general assembly.
6The bill provides that a person that knowingly and
7intentionally violates the provisions of the bill is guilty of
8a serious misdemeanor and may be reprimanded, suspended, or
9dismissed from the person’s position or otherwise sanctioned.
10A serious misdemeanor is punishable by confinement for no more
11than one year and a fine of at least $315 but not more than
12$1,875.
-2-tm/jh/rj
2for certain lobbying activities and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 68B.9 Lobbying activities by local
2and state employees — education issues.
31. A local employee or state employee shall not use public
4resources to encourage the passage, defeat, approval, veto,
5or modification of education-related legislation, rules, or
6executive orders by the members of the general assembly, a
7state agency, or any statewide elected official. For purposes
8of this subsection, “public resources” means the moneys, time,
9property, facilities, equipment, and supplies of the local or
10state employer.
112. This section shall not apply to a school district
12superintendent or director of an area education agency if the
13person is engaging in nonpartisan educational activity or
14if the person has been requested to provide testimony to a
15committee of the general assembly.
16 Sec. 2. Section 68B.34, Code 2017, is amended to read as
17follows:
1868B.34 Additional penalty.
19In addition to any penalty contained in any other provision
20of law, a person who knowingly and intentionally violates a
21provision of sections 68B.2A through 68B.8 68B.9, sections
2268B.22 through 68B.24, or sections 68B.35 through 68B.38
23is guilty of a serious misdemeanor and may be reprimanded,
24suspended, or dismissed from the person’s position or otherwise
25sanctioned.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill prohibits a local employee or state employee
30from using public resources to encourage the passage,
31defeat, approval, veto, or modification of education-related
32legislation, rules, or executive orders by the members of the
33general assembly, a state agency, or any statewide elected
34official. The term “public resources” is defined to mean the
35moneys, time, property, facilities, equipment, and supplies of
-1-1the local or state employer. The bill exempts school district
2superintendents and directors of area education agencies if
3the person is engaging in nonpartisan educational activity or
4if the person has been requested to provide testimony to a
5committee of the general assembly.
6The bill provides that a person that knowingly and
7intentionally violates the provisions of the bill is guilty of
8a serious misdemeanor and may be reprimanded, suspended, or
9dismissed from the person’s position or otherwise sanctioned.
10A serious misdemeanor is punishable by confinement for no more
11than one year and a fine of at least $315 but not more than
12$1,875.
-2-tm/jh/rj