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House Study Bill 10

Bill Text

PAG LIN
  1  1    Section 1.  Section 68B.2, Code 1997, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  12A.  "Lobby" or "lobbying" means the act
  1  4 of encouraging the passage, defeat, approval, veto, or
  1  5 modification of legislation, a rule, or an executive order.
  1  6 "Lobby" or "lobbying" does not include any of the following:
  1  7    a.  Formal appearances to give testimony or information at
  1  8 meetings of committees of the general assembly or at public
  1  9 hearings of state agencies or the giving of testimony or
  1 10 providing information or assistance at the specific request of
  1 11 public officials or employees.
  1 12    b.  Communications by a federal, state, or local elected
  1 13 official with public officials or public employees if those
  1 14 communications directly concern the constituencies represented
  1 15 by the federal, state, or local elected official and are made
  1 16 while performing the duties and responsibilities of federal,
  1 17 state, or local office.
  1 18    c.  Communications by officials and employees of a
  1 19 political party organized in the state of Iowa representing
  1 20 more than two percent of the total votes cast for governor in
  1 21 the last preceding general election, but only when
  1 22 representing the political party in an official capacity.
  1 23    d.  Communications made by agency officials and employees
  1 24 to other persons within the agency while engaged in activities
  1 25 within the agency in which they serve or are employed or to
  1 26 persons within another agency with which the official's or
  1 27 employee's agency is involved in a collaborative project.
  1 28    Sec. 2.  Section 68B.2, subsection 13, paragraph a,
  1 29 subparagraphs (1) through (4), Code 1997, are amended to read
  1 30 as follows:
  1 31    (1)  Receives compensation to encourage the passage,
  1 32 defeat, approval, veto, or modification of legislation, a
  1 33 rule, or an executive order by lobby the members of the
  1 34 general assembly, a state agency, or any statewide elected
  1 35 official.
  2  1    (2)  Is a designated representative of an organization
  2  2 which has as one of its purposes the encouragement of the
  2  3 passage, defeat, approval, veto, or modification of
  2  4 legislation, a rule, or an executive order before lobbying of
  2  5 the general assembly, a state agency, or any statewide elected
  2  6 official.
  2  7    (3)  Represents the position of a federal, state, or local
  2  8 government agency, in which the person serves or is employed
  2  9 as the designated representative, for purposes of encouraging
  2 10 the passage, defeat, approval, veto, or modification of
  2 11 legislation, a rule, or an executive order by lobbying the
  2 12 members of the general assembly, a state agency, or any
  2 13 statewide elected official.
  2 14    (4)  Makes expenditures of more than one thousand dollars
  2 15 in a calendar year, other than to pay compensation to an
  2 16 individual who provides the services specified under
  2 17 subparagraph (1) or to communicate with only the members of
  2 18 the general assembly who represent the district in which the
  2 19 individual resides, to communicate in person with personally
  2 20 lobby the members of the general assembly, a state agency, or
  2 21 any statewide elected official for purposes of encouraging the
  2 22 passage, defeat, approval, veto, or modification of
  2 23 legislation, a rule, or an executive order.
  2 24    Sec. 3.  Section 68B.2, subsection 13, paragraph b, Code
  2 25 1997, is amended by striking the paragraph.
  2 26    Sec. 4.  Section 68B.2, Code 1997, is amended by adding the
  2 27 following new subsection:
  2 28    NEW SUBSECTION.  18A.  "Political subdivision" means a
  2 29 city, county, school corporation, or any public body or public
  2 30 corporation which is not an agency of state government that
  2 31 has power to levy or certify a tax or sum of money to be
  2 32 collected by taxation.
  2 33    Sec. 5.  NEW SECTION.  68B.5B  USE OF PUBLIC FUNDS BY STATE
  2 34 AGENCY FOR LOBBYING PROHIBITED.
  2 35    An agency of state government shall not use public funds
  3  1 appropriated to the agency for purposes of lobbying members of
  3  2 the general assembly, a state agency, or any statewide elected
  3  3 official.  A person, corporation, organization, association,
  3  4 or entity shall not use funds received from a state agency for
  3  5 the purposes of lobbying members of the general assembly, a
  3  6 state agency, or any statewide elected official.
  3  7    Sec. 6.  NEW SECTION.  68B.5C  USE OF POLITICAL SUBDIVISION
  3  8 FUNDS FOR LOBBYING PROHIBITED.
  3  9    A political subdivision shall not use public funds
  3 10 appropriated or levied or certified through taxation for
  3 11 purposes of lobbying members of the general assembly, a state
  3 12 agency, or any statewide elected official.  A person,
  3 13 corporation, organization, association, or entity shall not
  3 14 use funds received from a political subdivision for the
  3 15 purposes of lobbying members of the general assembly, a state
  3 16 agency, or any statewide elected official.  
  3 17                           EXPLANATION
  3 18    This bill creates a definition of the term "lobby" and
  3 19 modifies the definition of the term "lobbyist" to conform that
  3 20 term to the new term.  The term "lobby" is defined to mean the
  3 21 act of encouraging the passage, defeat, approval, veto, or
  3 22 modification of legislation, a rule, or an executive order.
  3 23 Certain forms of communication, such as formal appearances to
  3 24 give testimony, providing information or assistance at the
  3 25 specific request of a public official or employee,
  3 26 communications which are directly related to the performance
  3 27 of duties of elective office, communications made by political
  3 28 party officials which are related to party functions, and
  3 29 interagency and intraagency communications related to agency
  3 30 activities or collaborative projects, are excluded from the
  3 31 definition of the term "lobby".  A definition of the term
  3 32 "political subdivision" is added and it is defined to mean a
  3 33 city, county, school corporation, or any public body or public
  3 34 corporation which is not an agency of state government, but
  3 35 has the power to levy or certify a tax or sum of money to be
  4  1 collected by taxation.
  4  2    The bill creates two prohibitions related to the use of
  4  3 public funds for lobbying purposes.  The first prohibition
  4  4 relates to the use of public funds appropriated to a state
  4  5 agency for purposes of lobbying the general assembly, a state
  4  6 agency, or any statewide elected official.  Agencies are
  4  7 prohibited from using public funds in such a manner as are
  4  8 persons who receive public funds from a state agency.  The
  4  9 second prohibition relates to the use of public funds
  4 10 appropriated to or raised by a political subdivision by
  4 11 taxation.  A political subdivision is prohibited from using
  4 12 public funds for lobbying purposes and persons who receive
  4 13 public funds from a political subdivision are prohibited from
  4 14 using those funds.  
  4 15 LSB 1737HC 77
  4 16 lh/jj/8
     

Text: HSB00009                          Text: HSB00011
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