Senate Study Bill 1261 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON GOVERNMENT OVERSIGHT BILL BY CHAIRPERSON SINCLAIR) 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 2814XC (3) 88 jh/tm

S.F. _____ 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 governmental entity 9 organized under the laws of this state and includes a county, 10 city, township, community college, area education agency, and 11 school district. 12 2. A political subdivision that contracts with or otherwise 13 compensates a person to lobby on behalf of the political 14 subdivision shall do so in a reasonable manner, including all 15 of the following: 16 a. Using written requests for proposal to solicit lobbying 17 services. 18 b. Selecting lobbyists on the basis of competence and 19 qualifications for the services required. 20 c. Paying fair and reasonable compensation. 21 3. a. If a political subdivision contracts with or 22 otherwise compensates a person to lobby on behalf of the 23 political subdivision, or if an employee, officer, or elected 24 or appointed official of the political subdivision engages in 25 more than ten hours of lobbying on behalf of the political 26 subdivision in a calendar month, the political subdivision 27 shall, subject to paragraph “b” , publish all of the following on 28 its internet site: 29 (1) Full copies of all contracts in effect that provide, in 30 whole or in part, for the provision of lobbying services. 31 (2) Not later than two weeks after the end of each fiscal 32 year, a schedule showing all payments the political subdivision 33 made during the preceding fiscal year to any person acting as 34 a lobbyist on behalf of the political subdivision or, in the 35 -1- LSB 2814XC (3) 88 jh/tm 1/ 5

S.F. _____ case of an employee, officer, or elected or appointed official, 1 the total annual compensation the political subdivision paid to 2 such person and the total number of hours spent by that person 3 in lobbying activities on behalf of the political subdivision 4 in the preceding fiscal year. 5 (3) Not later than two weeks after the end of each fiscal 6 year, all of the following information about each bill on 7 which a person serving as a lobbyist or engaged in lobbying 8 registered a position on behalf of the political subdivision: 9 (a) The registered declaration on the bill on behalf of the 10 political subdivision. 11 (b) A materially complete synopsis of the bill and of all 12 amendments of the bill on which a vote was taken. 13 (c) Each vote on the bill and all amendments to the bill by 14 a committee of the senate or house of representatives and by 15 the senate or house of representatives. 16 (d) The status of the bill, including whether the bill was 17 amended or passed by a committee of the senate or house of 18 representatives or by the senate or house of representatives, 19 or signed or vetoed by the governor, with the date of each such 20 action included. 21 b. If the political subdivision does not maintain 22 an internet site but is otherwise subject to reporting 23 requirements under paragraph “a” , the political subdivision 24 shall annually publish all the information required by 25 paragraph “a” , subparagraphs (1) through (3), within three 26 weeks of the end of the fiscal year in the same manner that the 27 political subdivision provides notice pursuant to section 21.4. 28 4. An organization subject to audit pursuant to section 29 11.6, subsection 9, and any other organization that lobbies 30 on behalf of any category or group of political subdivisions, 31 shall, not later than two weeks after the end of the 32 fiscal year, publish on the organization’s internet site 33 the information required by subsection 3, paragraph “a” , 34 subparagraph (3). 35 -2- LSB 2814XC (3) 88 jh/tm 2/ 5

S.F. _____ 5. A person shall not act as a lobbyist or engage in 1 lobbying concerning any matter on behalf of a political 2 subdivision unless the political subdivision takes official 3 action at a meeting in open session after providing notice of 4 the meeting pursuant to section 21.4 and determines by majority 5 vote the position to be taken on the matter. This subsection 6 shall not apply to lobbying by an organization subject to 7 subsection 4. 8 6. Notwithstanding section 22.7, a record, document, or 9 other information stored or preserved in any medium that 10 relates to lobbying by a person for or on behalf of a political 11 subdivision is a public record subject to the provisions of 12 chapter 22, shall be preserved and maintained for a period 13 of not less than seven years, and shall be available for 14 examination and copying by the public upon reasonable terms as 15 required by chapter 22. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to the lobbying activities of political 20 subdivisions. 21 The bill defines “political subdivision” as a governmental 22 entity organized under the laws of this state and includes 23 a county, city, township, community college, area education 24 agency, and school district, and “lobbying” as direct action to 25 encourage the passage, defeat, approval, veto, or modification 26 of legislation, a rule, or an executive order that is being 27 considered by the general assembly, a state agency, or a 28 statewide elected official. 29 The bill provides that a political subdivision that 30 contracts with or otherwise compensates a person to lobby 31 on behalf of the political subdivision shall do so in a 32 reasonable manner, including by using a written request for 33 proposal, selecting a lobbyist on the basis of competence and 34 qualification for the services required, and paying fair and 35 -3- LSB 2814XC (3) 88 jh/tm 3/ 5

S.F. _____ reasonable compensation. 1 The bill provides that if a political subdivision contracts 2 with or otherwise compensates a person to lobby on behalf of 3 the political subdivision in exchange for compensation, or if 4 any employee, officer, or elected or appointed official of the 5 political subdivision engages in more than 10 hours of lobbying 6 on behalf of the political subdivision in a calendar month, 7 the political subdivision is subject to certain reporting 8 requirements. If the political subdivision is subject to 9 the reporting requirements but does not maintain an internet 10 site, the political subdivision shall annually publish all the 11 required information in the same manner that the political 12 subdivision provides notice pursuant to Code section 21.4 13 (notice of public meetings). 14 The bill provides that the Iowa state association of 15 counties, the Iowa league of cities, and the Iowa association 16 of school boards, and any other organization that lobbies on 17 behalf of any category or group of political subdivisions, 18 shall, not later than two weeks after the end of the fiscal 19 year, publish on the organization’s internet site certain 20 specified information regarding each bill and amendment on 21 which the organization registered a position. 22 The bill provides that a person, except for the Iowa state 23 association of counties, the Iowa league of cities, and the 24 Iowa association of school boards, and any other organization 25 that lobbies on behalf of any category or group of political 26 subdivisions, shall not act as a lobbyist or engage in lobbying 27 concerning any matter on behalf of a political subdivision 28 unless the political subdivision takes official action at a 29 meeting in open session after providing notice of the meeting 30 and determines by majority vote the position to be taken on the 31 matter. 32 The bill provides that documents and records relating to 33 lobbying on or behalf of a political subdivision are public 34 records subject to Code chapter 22 (examination of public 35 -4- LSB 2814XC (3) 88 jh/tm 4/ 5

S.F. _____ records), and are not subject to any exception to the public 1 records law contained in Code section 22.7. 2 -5- LSB 2814XC (3) 88 jh/tm 5/ 5