Senate File 2100 - Introduced SENATE FILE 2100 BY McKINLEY A BILL FOR An Act relating to lobbying activities by federal, state, and 1 local government agencies. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5212XS (5) 83 tm/rj

S.F. 2100 Section 1. Section 68B.2, subsection 6, Code 2009, is 1 amended to read as follows: 2 6. “Client” means a private person or a state, federal, or 3 local government entity that pays compensation to or designates 4 an individual to be a lobbyist. 5 Sec. 2. Section 68B.2, subsection 13, paragraph a, 6 subparagraph (3), Code 2009, is amended by striking the 7 subparagraph. 8 Sec. 3. Section 68B.5A, subsection 7, Code 2009, is amended 9 by striking the subsection. 10 Sec. 4. Section 68B.8, Code 2009, is amended to read as 11 follows: 12 68B.8 Lobbying activities by federal, state , and local 13 government agencies. 14 1. A state agency of the executive branch of state 15 government shall not use or permit the use of its public funds 16 for a paid advertisement or public service announcement thirty 17 days prior to or during a legislative session for the purpose 18 of encouraging the passage, defeat, approval, or modification 19 of a bill that is being considered, or was considered during 20 the previous legislative session, by the general assembly. 21 2. A person representing a federal, state, or local 22 government agency before the general assembly, a state 23 agency, or any statewide elected official shall not encourage 24 the passage, defeat, approval, veto, or modification of 25 legislation, a rule, or an executive order but may perform 26 activities described in section 68B.2, subsection 13, paragraph 27 “b” . 28 Sec. 5. Section 68B.34A, Code Supplement 2009, is amended 29 to read as follows: 30 68B.34A Actions commenced against local officials or 31 employees. 32 1. Complaints alleging conduct of local officials or local 33 employees which violates this chapter , except for sections 34 68B.36 , 68B.37 , and 68B.38 , shall be filed with the county 35 -1- LSB 5212XS (5) 83 tm/rj 1/ 2

S.F. 2100 attorney in the county where the accused resides. However, if 1 the county attorney is the person against whom the complaint is 2 filed, or if the county attorney otherwise has a personal or 3 legal conflict of interest, the complaint shall be referred to 4 another county attorney. 5 2. Complaints alleging conduct of local officials or 6 local employees which violates section 68B.36 , 68B.37 , 7 or 68B.38 shall be filed with the ethics committee of the 8 appropriate house of the general assembly if the conduct 9 involves lobbying activities before the general assembly or 10 with the board if the conduct involves lobbying activities 11 before the executive branch. 12 Sec. 6. Section 68B.36, subsection 5, Code 2009, is amended 13 by striking the subsection. 14 EXPLANATION 15 This bill relates to lobbying activities by federal, state, 16 and local agencies. 17 Currently, there are four defined types of lobbyists. One 18 of the types is persons serving or employed by federal, state, 19 or local governmental agencies. All persons included under 20 the definition of lobbyist are subject to certain laws under 21 Code chapter 68B, including lobbyist registration and reporting 22 requirements. 23 The bill eliminates persons serving or employed by federal, 24 state, or local governmental agencies from the definition of 25 lobbyist. The bill makes conforming amendments in the areas 26 of lobbyist registration, bans on certain lobbying activities, 27 and jurisdiction for certain actions commenced against local 28 officials or employees. 29 The bill prohibits a person representing a federal, state, 30 or local government agency before the general assembly, a state 31 agency, or any statewide elected official from encouraging 32 the passage, defeat, approval, veto, or modification of 33 legislation, a rule, or an executive order. 34 -2- LSB 5212XS (5) 83 tm/rj 2/ 2