Senate File 639 - Introduced SENATE FILE 639 BY COMMITTEE ON GOVERNMENT OVERSIGHT (SUCCESSOR TO SSB 1261) A BILL FOR An Act relating to lobbying activities by political 1 subdivisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2814SV (2) 88 jh/tm
S.F. 639 Section 1. NEW SECTION . 68B.9 Lobbying activities by 1 political subdivisions. 2 1. For purposes of this section, unless the context 3 otherwise requires: 4 a. “Lobbying” means direct action to encourage the passage, 5 defeat, approval, veto, or modification of legislation, a rule, 6 or an executive order that is being considered by the general 7 assembly, a state agency, or a statewide elected official. 8 b. “Political subdivision” means a county, city, township, 9 community college, area education agency, or school district. 10 2. A political subdivision that contracts with or otherwise 11 compensates a person to lobby on behalf of the political 12 subdivision shall do so in a reasonable manner, including all 13 of the following: 14 a. Using written requests for proposal to solicit lobbying 15 services. The duration of a contract for lobbying services 16 shall not exceed five years. A political subdivision shall 17 not renew a contract for lobbying services or enter into a new 18 contract for lobbying services unless the political subdivision 19 uses a written request for proposal to solicit lobbying 20 services. 21 b. Selecting lobbyists on the basis of competence and 22 qualifications for the services required. 23 c. Paying fair and reasonable compensation. 24 3. a. If a political subdivision contracts with or 25 otherwise compensates a person to lobby on behalf of the 26 political subdivision, or if an employee, officer, or elected 27 or appointed official of the political subdivision engages in 28 more than ten hours of lobbying on behalf of the political 29 subdivision in a calendar month, the political subdivision 30 shall, subject to paragraph “b” , publish all of the following on 31 its internet site: 32 (1) Full copies of all contracts in effect that provide, in 33 whole or in part, for the provision of lobbying services. 34 (2) Not later than two weeks after the end of each fiscal 35 -1- LSB 2814SV (2) 88 jh/tm 1/ 4
S.F. 639 year, a schedule showing all payments the political subdivision 1 made during the preceding fiscal year to any person acting as 2 a lobbyist on behalf of the political subdivision or, in the 3 case of an employee, officer, or elected or appointed official, 4 the total annual compensation the political subdivision paid to 5 such person and the total number of hours spent by that person 6 in lobbying activities on behalf of the political subdivision 7 in the preceding fiscal year. 8 (3) Not later than two weeks after the end of each fiscal 9 year, a schedule identifying each bill on which a person 10 serving as a lobbyist or engaged in lobbying registered a 11 position on behalf of the political subdivision, and for each 12 such bill either the legislative history for the bill as 13 depicted on the general assembly’s internet site or the link 14 to the page of the general assembly’s internet site with the 15 legislative history for the bill. 16 b. If the political subdivision does not maintain 17 an internet site but is otherwise subject to reporting 18 requirements under paragraph “a” , the political subdivision 19 shall annually publish all the information required by 20 paragraph “a” , subparagraphs (1) through (3), within three 21 weeks of the end of the fiscal year in the same manner that the 22 political subdivision provides notice pursuant to section 21.4. 23 4. An organization subject to audit pursuant to section 24 11.6, subsection 9, and any other organization that lobbies 25 on behalf of any category or group of political subdivisions, 26 shall, not later than two weeks after the end of the 27 fiscal year, publish on the organization’s internet site 28 the information required by subsection 3, paragraph “a” , 29 subparagraph (3). 30 5. Notwithstanding section 22.7, a record, document, or 31 other information stored or preserved in any medium that 32 relates to lobbying by a person for or on behalf of a political 33 subdivision is a public record subject to the provisions of 34 chapter 22, shall be preserved and maintained for a period 35 -2- LSB 2814SV (2) 88 jh/tm 2/ 4
S.F. 639 of not less than seven years, and shall be available for 1 examination and copying by the public upon reasonable terms as 2 required by chapter 22. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill relates to the lobbying activities of political 7 subdivisions. 8 The bill defines “political subdivision” as a county, 9 city, township, community college, area education agency, or 10 school district, and “lobbying” as direct action to encourage 11 the passage, defeat, approval, veto, or modification of 12 legislation, a rule, or an executive order that is being 13 considered by the general assembly, a state agency, or a 14 statewide elected official. 15 The bill provides that a political subdivision that 16 contracts with or otherwise compensates a person to lobby 17 on behalf of the political subdivision shall do so in a 18 reasonable manner, including by using a written request for 19 proposal, selecting a lobbyist on the basis of competence 20 and qualification for the services required, and paying fair 21 and reasonable compensation. The duration of a contract for 22 lobbying services shall not exceed five years, and a renewal or 23 new contract for lobbying services also requires the use of a 24 written request for proposal. 25 The bill provides that if a political subdivision contracts 26 with or otherwise compensates a person to lobby on behalf of 27 the political subdivision in exchange for compensation, or if 28 any employee, officer, or elected or appointed official of the 29 political subdivision engages in more than 10 hours of lobbying 30 on behalf of the political subdivision in a calendar month, 31 the political subdivision is subject to certain reporting 32 requirements. If the political subdivision is subject to 33 the reporting requirements but does not maintain an internet 34 site, the political subdivision shall annually publish all the 35 -3- LSB 2814SV (2) 88 jh/tm 3/ 4
S.F. 639 required information in the same manner that the political 1 subdivision provides notice pursuant to Code section 21.4 2 (notice of public meetings). 3 The bill provides that the Iowa state association of 4 counties, the Iowa league of cities, and the Iowa association 5 of school boards, and any other organization that lobbies on 6 behalf of any category or group of political subdivisions, 7 shall, not later than two weeks after the end of the fiscal 8 year, publish on the organization’s internet site certain 9 specified information regarding each bill and amendment on 10 which the organization registered a position. 11 The bill provides that documents and records relating to 12 lobbying on or behalf of a political subdivision are public 13 records subject to Code chapter 22 (examination of public 14 records), and are not subject to any exception to the public 15 records law contained in Code section 22.7. 16 -4- LSB 2814SV (2) 88 jh/tm 4/ 4