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Senate Study Bill 1261 - IntroducedA Bill ForAn Act 1relating to lobbying activities by political
2subdivisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 68B.9 Lobbying activities by
2political subdivisions.
31. For purposes of this section, unless the context
4otherwise requires:
5a. “Lobbying” means direct action to encourage the passage,
6defeat, approval, veto, or modification of legislation, a rule,
7or an executive order that is being considered by the general
8assembly, a state agency, or a statewide elected official.
9b. “Political subdivision” means a governmental entity
10organized under the laws of this state and includes a county,
11city, township, community college, area education agency, and
12school district.
132. A political subdivision that contracts with or otherwise
14compensates a person to lobby on behalf of the political
15subdivision shall do so in a reasonable manner, including all
16of the following:
17a. Using written requests for proposal to solicit lobbying
18services.
19b. Selecting lobbyists on the basis of competence and
20qualifications for the services required.
21c. Paying fair and reasonable compensation.
223. a. If a political subdivision contracts with or
23otherwise compensates a person to lobby on behalf of the
24political subdivision, or if an employee, officer, or elected
25or appointed official of the political subdivision engages in
26more than ten hours of lobbying on behalf of the political
27subdivision in a calendar month, the political subdivision
28shall, subject to paragraph “b”, publish all of the following on
29its internet site:
30(1) Full copies of all contracts in effect that provide, in
31whole or in part, for the provision of lobbying services.
32(2) Not later than two weeks after the end of each fiscal
33year, a schedule showing all payments the political subdivision
34made during the preceding fiscal year to any person acting as
35a lobbyist on behalf of the political subdivision or, in the
-1-1case of an employee, officer, or elected or appointed official,
2the total annual compensation the political subdivision paid to
3such person and the total number of hours spent by that person
4in lobbying activities on behalf of the political subdivision
5in the preceding fiscal year.
6(3) Not later than two weeks after the end of each fiscal
7year, all of the following information about each bill on
8which a person serving as a lobbyist or engaged in lobbying
9registered a position on behalf of the political subdivision:
10(a) The registered declaration on the bill on behalf of the
11political subdivision.
12(b) A materially complete synopsis of the bill and of all
13amendments of the bill on which a vote was taken.
14(c) Each vote on the bill and all amendments to the bill by
15a committee of the senate or house of representatives and by
16the senate or house of representatives.
17(d) The status of the bill, including whether the bill was
18amended or passed by a committee of the senate or house of
19representatives or by the senate or house of representatives,
20or signed or vetoed by the governor, with the date of each such
21action included.
22b. If the political subdivision does not maintain
23an internet site but is otherwise subject to reporting
24requirements under paragraph “a”, the political subdivision
25shall annually publish all the information required by
26paragraph “a”, subparagraphs (1) through (3), within three
27weeks of the end of the fiscal year in the same manner that the
28political subdivision provides notice pursuant to section 21.4.
294. An organization subject to audit pursuant to section
3011.6, subsection 9, and any other organization that lobbies
31on behalf of any category or group of political subdivisions,
32shall, not later than two weeks after the end of the
33fiscal year, publish on the organization’s internet site
34the information required by subsection 3, paragraph “a”,
35subparagraph (3).
-2- 15. A person shall not act as a lobbyist or engage in
2lobbying concerning any matter on behalf of a political
3subdivision unless the political subdivision takes official
4action at a meeting in open session after providing notice of
5the meeting pursuant to section 21.4 and determines by majority
6vote the position to be taken on the matter. This subsection
7shall not apply to lobbying by an organization subject to
8subsection 4.
96. Notwithstanding section 22.7, a record, document, or
10other information stored or preserved in any medium that
11relates to lobbying by a person for or on behalf of a political
12subdivision is a public record subject to the provisions of
13chapter 22, shall be preserved and maintained for a period
14of not less than seven years, and shall be available for
15examination and copying by the public upon reasonable terms as
16required by chapter 22.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill relates to the lobbying activities of political
21subdivisions.
22The bill defines “political subdivision” as a governmental
23entity organized under the laws of this state and includes
24a county, city, township, community college, area education
25agency, and school district, and “lobbying” as direct action to
26encourage the passage, defeat, approval, veto, or modification
27of legislation, a rule, or an executive order that is being
28considered by the general assembly, a state agency, or a
29statewide elected official.
30The bill provides that a political subdivision that
31contracts with or otherwise compensates a person to lobby
32on behalf of the political subdivision shall do so in a
33reasonable manner, including by using a written request for
34proposal, selecting a lobbyist on the basis of competence and
35qualification for the services required, and paying fair and
-3-1reasonable compensation.
2The bill provides that if a political subdivision contracts
3with or otherwise compensates a person to lobby on behalf of
4the political subdivision in exchange for compensation, or if
5any employee, officer, or elected or appointed official of the
6political subdivision engages in more than 10 hours of lobbying
7on behalf of the political subdivision in a calendar month,
8the political subdivision is subject to certain reporting
9requirements. If the political subdivision is subject to
10the reporting requirements but does not maintain an internet
11site, the political subdivision shall annually publish all the
12required information in the same manner that the political
13subdivision provides notice pursuant to Code section 21.4
14(notice of public meetings).
15The bill provides that the Iowa state association of
16counties, the Iowa league of cities, and the Iowa association
17of school boards, and any other organization that lobbies on
18behalf of any category or group of political subdivisions,
19shall, not later than two weeks after the end of the fiscal
20year, publish on the organization’s internet site certain
21specified information regarding each bill and amendment on
22which the organization registered a position.
23The bill provides that a person, except for the Iowa state
24association of counties, the Iowa league of cities, and the
25Iowa association of school boards, and any other organization
26that lobbies on behalf of any category or group of political
27subdivisions, shall not act as a lobbyist or engage in lobbying
28concerning any matter on behalf of a political subdivision
29unless the political subdivision takes official action at a
30meeting in open session after providing notice of the meeting
31and determines by majority vote the position to be taken on the
32matter.
33The bill provides that documents and records relating to
34lobbying on or behalf of a political subdivision are public
35records subject to Code chapter 22 (examination of public
-4-1records), and are not subject to any exception to the public
2records law contained in Code section 22.7.
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2subdivisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 68B.9 Lobbying activities by
2political subdivisions.
31. For purposes of this section, unless the context
4otherwise requires:
5a. “Lobbying” means direct action to encourage the passage,
6defeat, approval, veto, or modification of legislation, a rule,
7or an executive order that is being considered by the general
8assembly, a state agency, or a statewide elected official.
9b. “Political subdivision” means a governmental entity
10organized under the laws of this state and includes a county,
11city, township, community college, area education agency, and
12school district.
132. A political subdivision that contracts with or otherwise
14compensates a person to lobby on behalf of the political
15subdivision shall do so in a reasonable manner, including all
16of the following:
17a. Using written requests for proposal to solicit lobbying
18services.
19b. Selecting lobbyists on the basis of competence and
20qualifications for the services required.
21c. Paying fair and reasonable compensation.
223. a. If a political subdivision contracts with or
23otherwise compensates a person to lobby on behalf of the
24political subdivision, or if an employee, officer, or elected
25or appointed official of the political subdivision engages in
26more than ten hours of lobbying on behalf of the political
27subdivision in a calendar month, the political subdivision
28shall, subject to paragraph “b”, publish all of the following on
29its internet site:
30(1) Full copies of all contracts in effect that provide, in
31whole or in part, for the provision of lobbying services.
32(2) Not later than two weeks after the end of each fiscal
33year, a schedule showing all payments the political subdivision
34made during the preceding fiscal year to any person acting as
35a lobbyist on behalf of the political subdivision or, in the
-1-1case of an employee, officer, or elected or appointed official,
2the total annual compensation the political subdivision paid to
3such person and the total number of hours spent by that person
4in lobbying activities on behalf of the political subdivision
5in the preceding fiscal year.
6(3) Not later than two weeks after the end of each fiscal
7year, all of the following information about each bill on
8which a person serving as a lobbyist or engaged in lobbying
9registered a position on behalf of the political subdivision:
10(a) The registered declaration on the bill on behalf of the
11political subdivision.
12(b) A materially complete synopsis of the bill and of all
13amendments of the bill on which a vote was taken.
14(c) Each vote on the bill and all amendments to the bill by
15a committee of the senate or house of representatives and by
16the senate or house of representatives.
17(d) The status of the bill, including whether the bill was
18amended or passed by a committee of the senate or house of
19representatives or by the senate or house of representatives,
20or signed or vetoed by the governor, with the date of each such
21action included.
22b. If the political subdivision does not maintain
23an internet site but is otherwise subject to reporting
24requirements under paragraph “a”, the political subdivision
25shall annually publish all the information required by
26paragraph “a”, subparagraphs (1) through (3), within three
27weeks of the end of the fiscal year in the same manner that the
28political subdivision provides notice pursuant to section 21.4.
294. An organization subject to audit pursuant to section
3011.6, subsection 9, and any other organization that lobbies
31on behalf of any category or group of political subdivisions,
32shall, not later than two weeks after the end of the
33fiscal year, publish on the organization’s internet site
34the information required by subsection 3, paragraph “a”,
35subparagraph (3).
-2- 15. A person shall not act as a lobbyist or engage in
2lobbying concerning any matter on behalf of a political
3subdivision unless the political subdivision takes official
4action at a meeting in open session after providing notice of
5the meeting pursuant to section 21.4 and determines by majority
6vote the position to be taken on the matter. This subsection
7shall not apply to lobbying by an organization subject to
8subsection 4.
96. Notwithstanding section 22.7, a record, document, or
10other information stored or preserved in any medium that
11relates to lobbying by a person for or on behalf of a political
12subdivision is a public record subject to the provisions of
13chapter 22, shall be preserved and maintained for a period
14of not less than seven years, and shall be available for
15examination and copying by the public upon reasonable terms as
16required by chapter 22.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill relates to the lobbying activities of political
21subdivisions.
22The bill defines “political subdivision” as a governmental
23entity organized under the laws of this state and includes
24a county, city, township, community college, area education
25agency, and school district, and “lobbying” as direct action to
26encourage the passage, defeat, approval, veto, or modification
27of legislation, a rule, or an executive order that is being
28considered by the general assembly, a state agency, or a
29statewide elected official.
30The bill provides that a political subdivision that
31contracts with or otherwise compensates a person to lobby
32on behalf of the political subdivision shall do so in a
33reasonable manner, including by using a written request for
34proposal, selecting a lobbyist on the basis of competence and
35qualification for the services required, and paying fair and
-3-1reasonable compensation.
2The bill provides that if a political subdivision contracts
3with or otherwise compensates a person to lobby on behalf of
4the political subdivision in exchange for compensation, or if
5any employee, officer, or elected or appointed official of the
6political subdivision engages in more than 10 hours of lobbying
7on behalf of the political subdivision in a calendar month,
8the political subdivision is subject to certain reporting
9requirements. If the political subdivision is subject to
10the reporting requirements but does not maintain an internet
11site, the political subdivision shall annually publish all the
12required information in the same manner that the political
13subdivision provides notice pursuant to Code section 21.4
14(notice of public meetings).
15The bill provides that the Iowa state association of
16counties, the Iowa league of cities, and the Iowa association
17of school boards, and any other organization that lobbies on
18behalf of any category or group of political subdivisions,
19shall, not later than two weeks after the end of the fiscal
20year, publish on the organization’s internet site certain
21specified information regarding each bill and amendment on
22which the organization registered a position.
23The bill provides that a person, except for the Iowa state
24association of counties, the Iowa league of cities, and the
25Iowa association of school boards, and any other organization
26that lobbies on behalf of any category or group of political
27subdivisions, shall not act as a lobbyist or engage in lobbying
28concerning any matter on behalf of a political subdivision
29unless the political subdivision takes official action at a
30meeting in open session after providing notice of the meeting
31and determines by majority vote the position to be taken on the
32matter.
33The bill provides that documents and records relating to
34lobbying on or behalf of a political subdivision are public
35records subject to Code chapter 22 (examination of public
-4-1records), and are not subject to any exception to the public
2records law contained in Code section 22.7.
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