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House Study Bill 141 - IntroducedA Bill ForAn Act 1relating to lobbying activities of certain state and
2local employees and their use of public resources and
3providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 68B.9 Lobbying activities using
2public resources.
31. A local employee or state employee shall not use public
4resources to encourage one or more persons to contact members
5of the general assembly, a state agency, or any statewide
6elected official for purposes of encouraging the passage,
7defeat, approval, veto, or modification of legislation, rules,
8or executive orders by members of the general assembly, a
9state agency, or any statewide elected official. For purposes
10of this section, “public resources” means the moneys, time,
11property, facilities, equipment, and supplies of the local or
12state employer.
132. This section shall not be construed to do any of the
14following:
15a. Prohibit a state agency or political subdivision of
16the state from designating one or more employees to represent
17the state agency or political subdivision for the purpose
18of encouraging the passage, defeat, approval, veto, or
19modification of legislation, a rule, or an executive order
20by members of the general assembly, a state agency, or any
21statewide elected official.
22b. Prohibit a local employee or state employee from giving
23testimony or providing information or assistance at sessions
24of committees of the general assembly or at public hearings
25of state agencies or from giving testimony or providing
26information or assistance at the request of public officials
27or employees.
28c. Prohibit a local employee or state employee from
29submitting data, views, or arguments in writing, or requesting
30an opportunity to make an oral presentation under section
3117A.4, subsection 1.
32d. Limit the freedom of speech of a local employee or state
33employee, so long as the local employee or state employee is
34not using public resources.
35 Sec. 2. Section 68B.34, Code 2017, is amended to read as
-1-1follows:
268B.34 Additional penalty.
3In addition to any penalty contained in any other provision
4of law, a person who knowingly and intentionally violates a
5provision of sections 68B.2A through 68B.8 68B.9, sections
668B.22 through 68B.24, or sections 68B.35 through 68B.38
7is guilty of a serious misdemeanor and may be reprimanded,
8suspended, or dismissed from the person’s position or otherwise
9sanctioned.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill relates to lobbying activities using public
14resources.
15The bill prohibits a local employee or state employee from
16using public resources to encourage one or more persons to
17contact members of the general assembly, a state agency, or
18any statewide elected official for purposes of encouraging
19the passage, defeat, approval, veto, or modification of
20legislation, rules, or executive orders by members of the
21general assembly, a state agency, or any statewide elected
22official. The term “state employee” means a person who is
23not an official and is a paid employee of the state of Iowa
24and does not include an independent contractor, an employee
25of the judicial branch who is not an employee of the office
26of attorney general, an employee of the general assembly,
27an employee of a political subdivision of the state, or an
28employee of any agricultural commodity promotional board, if
29the board is subject to a producer referendum. The term “local
30employee” means a person employed by a political subdivision of
31this state and does not include an independent contractor. The
32term “public resources” is defined to mean the moneys, time,
33property, facilities, equipment, and supplies of the local or
34state employer.
35The bill provides limits on how the general prohibition
-2-1may be construed. The bill provides that the prohibition
2shall not be construed to prohibit a state agency or political
3subdivision of the state from designating one or more employees
4to represent the state agency or political subdivision for
5lobbying purposes; to prohibit a local employee or state
6employee from giving testimony or providing information or
7assistance at sessions of committees of the general assembly or
8at public hearings of state agencies or from giving testimony
9or providing information or assistance at the request of public
10officials or employees; to prohibit a local employee or state
11employee from submitting data, views, or arguments in writing,
12or requesting an opportunity to make an oral presentation under
13Code section 17A.4; or to limit the freedom of speech of a
14local employee or state employee, as long as the local employee
15or state employee is not using public resources.
16The bill provides that a person that knowingly and
17intentionally violates the provisions of the bill is guilty of
18a serious misdemeanor and may be reprimanded, suspended, or
19dismissed from the person’s position or otherwise sanctioned.
20A serious misdemeanor is punishable by confinement for no more
21than one year and a fine of at least $315 but not more than
22$1,875.
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2local employees and their use of public resources and
3providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 68B.9 Lobbying activities using
2public resources.
31. A local employee or state employee shall not use public
4resources to encourage one or more persons to contact members
5of the general assembly, a state agency, or any statewide
6elected official for purposes of encouraging the passage,
7defeat, approval, veto, or modification of legislation, rules,
8or executive orders by members of the general assembly, a
9state agency, or any statewide elected official. For purposes
10of this section, “public resources” means the moneys, time,
11property, facilities, equipment, and supplies of the local or
12state employer.
132. This section shall not be construed to do any of the
14following:
15a. Prohibit a state agency or political subdivision of
16the state from designating one or more employees to represent
17the state agency or political subdivision for the purpose
18of encouraging the passage, defeat, approval, veto, or
19modification of legislation, a rule, or an executive order
20by members of the general assembly, a state agency, or any
21statewide elected official.
22b. Prohibit a local employee or state employee from giving
23testimony or providing information or assistance at sessions
24of committees of the general assembly or at public hearings
25of state agencies or from giving testimony or providing
26information or assistance at the request of public officials
27or employees.
28c. Prohibit a local employee or state employee from
29submitting data, views, or arguments in writing, or requesting
30an opportunity to make an oral presentation under section
3117A.4, subsection 1.
32d. Limit the freedom of speech of a local employee or state
33employee, so long as the local employee or state employee is
34not using public resources.
35 Sec. 2. Section 68B.34, Code 2017, is amended to read as
-1-1follows:
268B.34 Additional penalty.
3In addition to any penalty contained in any other provision
4of law, a person who knowingly and intentionally violates a
5provision of sections 68B.2A through 68B.8 68B.9, sections
668B.22 through 68B.24, or sections 68B.35 through 68B.38
7is guilty of a serious misdemeanor and may be reprimanded,
8suspended, or dismissed from the person’s position or otherwise
9sanctioned.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill relates to lobbying activities using public
14resources.
15The bill prohibits a local employee or state employee from
16using public resources to encourage one or more persons to
17contact members of the general assembly, a state agency, or
18any statewide elected official for purposes of encouraging
19the passage, defeat, approval, veto, or modification of
20legislation, rules, or executive orders by members of the
21general assembly, a state agency, or any statewide elected
22official. The term “state employee” means a person who is
23not an official and is a paid employee of the state of Iowa
24and does not include an independent contractor, an employee
25of the judicial branch who is not an employee of the office
26of attorney general, an employee of the general assembly,
27an employee of a political subdivision of the state, or an
28employee of any agricultural commodity promotional board, if
29the board is subject to a producer referendum. The term “local
30employee” means a person employed by a political subdivision of
31this state and does not include an independent contractor. The
32term “public resources” is defined to mean the moneys, time,
33property, facilities, equipment, and supplies of the local or
34state employer.
35The bill provides limits on how the general prohibition
-2-1may be construed. The bill provides that the prohibition
2shall not be construed to prohibit a state agency or political
3subdivision of the state from designating one or more employees
4to represent the state agency or political subdivision for
5lobbying purposes; to prohibit a local employee or state
6employee from giving testimony or providing information or
7assistance at sessions of committees of the general assembly or
8at public hearings of state agencies or from giving testimony
9or providing information or assistance at the request of public
10officials or employees; to prohibit a local employee or state
11employee from submitting data, views, or arguments in writing,
12or requesting an opportunity to make an oral presentation under
13Code section 17A.4; or to limit the freedom of speech of a
14local employee or state employee, as long as the local employee
15or state employee is not using public resources.
16The bill provides that a person that knowingly and
17intentionally violates the provisions of the bill is guilty of
18a serious misdemeanor and may be reprimanded, suspended, or
19dismissed from the person’s position or otherwise sanctioned.
20A serious misdemeanor is punishable by confinement for no more
21than one year and a fine of at least $315 but not more than
22$1,875.
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