Senate
File
493
-
Introduced
SENATE
FILE
493
BY
COMMITTEE
ON
LOCAL
GOVERNMENT
(SUCCESSOR
TO
SSB
1042)
A
BILL
FOR
An
Act
prohibiting
political
subdivisions
from
using
certain
1
moneys
to
hire
lobbyists
or
pay
instrumentalities,
and
2
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
68B.9
Use
of
tax
revenue
by
1
political
subdivisions
——
lobbying
restrictions.
2
1.
A
political
subdivision
shall
not
use
moneys
received
3
from
the
imposition
of
a
tax
to
do
any
of
the
following:
4
a.
Employ
or
compensate
a
lobbyist.
5
b.
Pay
an
instrumentality
that
employs
or
compensates
a
6
lobbyist.
7
2.
a.
For
purposes
of
this
section,
“instrumentality”
means
8
an
entity
to
which
all
of
the
following
apply:
9
(1)
The
entity
serves
a
governmental
purpose
or
performs
a
10
governmental
function.
11
(2)
The
entity
operates
on
behalf
of
one
or
more
political
12
subdivisions.
13
(3)
One
or
more
political
subdivisions
have
the
powers
and
14
interests
of
an
owner
with
respect
to
the
entity.
15
(4)
Control
and
supervision
of
the
entity
is
vested
in
16
members
of
one
or
more
political
subdivisions.
17
b.
“
Instrumentality”
includes
but
is
not
limited
to
the
18
following
entities:
19
(1)
The
Iowa
league
of
cities.
20
(2)
The
Iowa
state
association
of
counties
and
any
affiliate
21
of
the
Iowa
state
association
of
counties.
22
(3)
The
Iowa
school
board
association.
23
c.
“Instrumentality”
does
not
include
a
state,
county,
24
or
city
insurance
group
entity
or
an
employee
benefits
group
25
entity.
26
Sec.
2.
Section
68B.34,
Code
2025,
is
amended
to
read
as
27
follows:
28
68B.34
Additional
penalty.
29
In
addition
to
any
penalty
contained
in
any
other
provision
30
of
law,
a
person
who
knowingly
and
intentionally
violates
a
31
provision
of
sections
68B.2A
through
68B.8
68B.9
,
sections
32
68B.22
through
68B.24
,
or
sections
68B.35
through
68B.38
33
is
guilty
of
a
serious
misdemeanor
and
may
be
reprimanded,
34
suspended,
or
dismissed
from
the
person’s
position
or
otherwise
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sanctioned.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
prohibits
a
political
subdivision
from
using
5
moneys
received
from
the
imposition
of
a
tax
to
employ
or
6
compensate
a
lobbyist,
or
to
pay
an
instrumentality
that
7
employs
or
compensates
a
lobbyist.
For
the
purposes
of
the
8
bill,
“instrumentality”
is
defined
and
includes,
among
other
9
entities
that
meet
certain
qualifications,
the
Iowa
league
of
10
cities,
the
Iowa
state
association
of
counties
and
any
of
its
11
affiliates,
and
the
Iowa
school
board
association.
12
When
used
in
Code
chapter
68B
(government
ethics
and
13
lobbying),
“lobbyist”
means
an
individual
who,
by
acting
14
directly,
receives
compensation
to
encourage
the
passage,
15
defeat,
approval,
veto,
or
modification
of
legislation,
a
16
rule,
or
an
executive
order
by
the
members
of
the
general
17
assembly,
a
state
agency,
or
any
statewide
elected
official;
18
is
a
designated
representative
of
an
organization
which
has
as
19
one
of
its
purposes
the
encouragement
of
the
passage,
defeat,
20
approval,
veto,
or
modification
of
legislation,
a
rule,
or
an
21
executive
order
before
the
general
assembly,
a
state
agency,
22
or
any
statewide
elected
official;
represents
the
position
of
23
a
federal,
state,
or
local
government
agency,
in
which
the
24
person
serves
or
is
employed
as
the
designated
representative,
25
for
purposes
of
encouraging
the
passage,
defeat,
approval,
26
veto,
or
modification
of
legislation,
a
rule,
or
an
executive
27
order
by
members
of
the
general
assembly,
a
state
agency,
or
28
any
statewide
elected
official;
or
makes
expenditures
of
more
29
than
$1,000
in
a
year,
other
than
to
pay
another
lobbyist
or
30
to
communicate
with
only
the
members
of
the
general
assembly
31
who
represent
the
district
in
which
the
individual
resides,
to
32
communicate
in
person
with
members
of
the
general
assembly,
a
33
state
agency,
or
any
statewide
elected
official
for
purposes
34
of
encouraging
the
passage,
defeat,
approval,
veto,
or
35
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493
modification
of
legislation,
a
rule,
or
an
executive
order.
1
A
person
who
knowingly
and
intentionally
violates
the
2
bill
is
guilty
of
a
serious
misdemeanor
and
if
the
person
3
is
a
lobbyist,
the
person
may
be
reprimanded,
suspended,
or
4
dismissed
from
the
person’s
position
or
otherwise
sanctioned.
5
A
serious
misdemeanor
is
punishable
by
confinement
for
no
more
6
than
one
year
and
a
fine
of
at
least
$430
but
not
more
than
7
$2,560.
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