SF 2323 — A bill for an act relating to prohibitions and disclosure requirements concerning outside employment or activities requiring registration as a foreign agent and making penalties applicable. (Formerly SSB 3086.) Effective 7-1-18.

Senate File 2323 - IntroducedEnrolled SENATESenate FILEFile 2323 BYAN COMMITTEEACT ONRELATING STATE GOVERNMENT (SUCCESSOR TO SSBPROHIBITIONS 3086)AND ADISCLOSURE BILLREQUIREMENTS FORCONCERNING AnOUTSIDE ActEMPLOYMENT relatingOR toACTIVITIES prohibitionsREQUIRING andREGISTRATION disclosureAS requirementsA concerningFOREIGN outsideAGENT employmentAND orMAKING activitiesPENALTIES requiringAPPLICABLE. registration as a foreign agent and making penalties applicable.

TLSBSection 5204SV1. (2) 87 ec/rj S.F.

2323 Section 1.

If the appointment is to a board, commission, council, or other body empowered to take disciplinary action, all complaints and statements of charges, settlement agreements, findings of fact, and orders pertaining to any disciplinary action taken by that board, commission, council, or body in a contested case against the person whose appointment is being reviewed by the senate shallSenate beFile made2323, availablep. to the senate committee to which the appointment is referred upon its request.

2 shall be made available to the senate committee to which the appointment is referred upon its request.

The department shall establish, by rule, procedures providing for the hiring of employees by a state agency to LSBpositions 5204SVthat (2)are 87not -1-covered ec/rjby 1/4the S.F.merit system.

2323 positions that are not covered by the merit system.

For an applicant for employment in the executive branch to disclose in the application for employment whetherSenate theFile applicant2323, hasp. filed a registration statement pursuant to the federal Foreign Agents Registration Act of 1938, as amended, 22 U.S.C.

3 whether the applicant has filed a registration statement pursuant to the federal Foreign Agents Registration Act of 1938, as amended, 22 U.S.C.

EXPLANATION______________________________ The______________________________ inclusionCHARLES ofSCHNEIDER thisLINDA explanationUPMEYER doesPresident notof constitutethe agreementSenate withSpeaker of the explanation’sHouse substanceI byhereby thecertify membersthat ofthis bill originated in the generalSenate assembly.and is known as Senate File 2323, Eighty-seventh General Assembly.

LSB______________________________ 5204SVW. (2) 87 -2- ec/rj 2/4 S.F.

2323CHARLES ThisSMITHSON billSecretary relatesof to prohibitions and disclosure requirements concerning outside employment or activities that require a person to file a registration statement pursuant to the federalSenate ForeignApproved Agents_______________, Registration2018 Act______________________________ ofKIM 1938,REYNOLDS asGovernor amended.

Code section 2.32, concerning senate confirmation of gubernatorial appointments, is amended to provide that a person whose appointment is subject to senate confirmation shall make available to the senate committee to which the appointment is referred a notarized statement on whether the person has filed a registration statement pursuant to the federal Foreign Agents Registration Act.

New Code section 7E.8 requires a member of any board, committee, commission, or council who was subject to senate confirmation to disclose to the appointing authority of that member if the person has subsequently filed a registration statement pursuant to the federal Foreign Agents Registration Act.

New Code section 8A.403, concerning nonmerit state employees, is created, and Code section 8A.413, concerning state human resource management rules, is amended, to provide that the department of administrative services adopt rules requiring an applicant for employment in the executive branch for both merit and nonmerit covered positions to disclose whether the applicant has filed a registration statement pursuant to the federal Foreign Agents Registration Act.

New Code section 8A.404 provides that an employee of a state agency shall disclose to the hiring authority for that employee if the employee has subsequently filed a registration statement pursuant to the federal Foreign Agents Registration Act.

New Code section 8A.405 provides that an applicant for state employment or a state employee who willfully fails to disclose that the person has filed a registration statement pursuant to the federal Foreign Agents Act is guilty of a serious misdemeanor.

A serious misdemeanor is punishable by LSB 5204SV (2) 87 -3- ec/rj 3/4 S.F.

2323 confinement for no more than one year and a fine of at least $315 but not more than $1,875.

New Code section 68B.2C prohibits officials and state employees from engaging in any outside employment or activity that requires the person to register under the federal Foreign Agents Registration Act.

An “official” is defined in Code section 68B.2 as all statewide elected officials, the executive or administrative head or heads of an agency of state government, the deputy executive or administrative head or heads of an agency of state government, members of boards or commissions as defined under Code section 7E.4, and heads of the major subunits of departments or independent state agencies whose positions involve a substantial exercise of administrative discretion or the expenditure of public funds as defined under rules of the board adopted in consultation with the department or agency and pursuant to Code chapter 17A.

“Official” does not include officers or employees of political subdivisions of the state, members of the general assembly, legislative employees, officers or employees of the judicial branch of government who are not members or employees of the office of attorney general, members of state government entities which are or exercise the same type of authority that is exercised by councils or committees as defined under Code section 7E.4, or members of any agricultural commodity promotional board, if the board is subject to a producer referendum.

A “state employee” is an employee of the executive branch and does not include independent contractors.

A person who knowingly and intentionally violates this provision is guilty of a serious misdemeanor and may be reprimanded, suspended, or dismissed from the person’s position or otherwise sanctioned.

A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875.

LSB 5204SV (2) 87 -4- ec/rj 4/4