SF 2100 (LSB 5212XS (5) 83)

SENATE FILE 2100

BY  McKINLEY

A BILL FOR

An Act relating to lobbying activities by federal, state, and local government agencies.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 68B.2, subsection 6, Code 2009, is amended to read as follows:
   6.  “Client” means a private person or a state, federal, or local government entity that pays compensation to or designates an individual to be a lobbyist.
    Sec. 2.  Section 68B.2, subsection 13, paragraph a, subparagraph (3), Code 2009, is amended by striking the subparagraph.
    Sec. 3.  Section 68B.5A, subsection 7, Code 2009, is amended by striking the subsection.
    Sec. 4.  Section 68B.8, Code 2009, is amended to read as follows:
   68B.8  Lobbying activities by federal, state, and local government agencies.
    1.  A state agency of the executive branch of state government shall not use or permit the use of its public funds for a paid advertisement or public service announcement thirty days prior to or during a legislative session for the purpose of encouraging the passage, defeat, approval, or modification of a bill that is being considered, or was considered during the previous legislative session, by the general assembly.
   2.  A person representing a federal, state, or local government agency before the general assembly, a state agency, or any statewide elected official shall not encourage the passage, defeat, approval, veto, or modification of legislation, a rule, or an executive order but may perform activities described in section 68B.2, subsection 13, paragraph “b”.
    Sec. 5.  Section 68B.34A, Code Supplement 2009, is amended to read as follows:
   68B.34A  Actions commenced against local officials or employees.
   1.  Complaints alleging conduct of local officials or local employees which violates this chapter, except for sections 68B.36, 68B.37, and 68B.38, shall be filed with the county attorney in the county where the accused resides. However, if the county attorney is the person against whom the complaint is filed, or if the county attorney otherwise has a personal or legal conflict of interest, the complaint shall be referred to another county attorney.
   2.  Complaints alleging conduct of local officials or local employees which violates section 68B.36, 68B.37, or 68B.38 shall be filed with the ethics committee of the appropriate house of the general assembly if the conduct involves lobbying activities before the general assembly or with the board if the conduct involves lobbying activities before the executive branch.
    Sec. 6.  Section 68B.36, subsection 5, Code 2009, is amended by striking the subsection.
EXPLANATION
   This bill relates to lobbying activities by federal, state, and local agencies.
   Currently, there are four defined types of lobbyists. One of the types is persons serving or employed by federal, state, or local governmental agencies. All persons included under the definition of lobbyist are subject to certain laws under Code chapter 68B, including lobbyist registration and reporting requirements.
   The bill eliminates persons serving or employed by federal, state, or local governmental agencies from the definition of lobbyist. The bill makes conforming amendments in the areas of lobbyist registration, bans on certain lobbying activities, and jurisdiction for certain actions commenced against local officials or employees.
   The bill prohibits a person representing a federal, state, or local government agency before the general assembly, a state agency, or any statewide elected official from encouraging the passage, defeat, approval, veto, or modification of legislation, a rule, or an executive order.