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House File 822 - 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. Section 11.6, subsection 9, Code 2021, is amended
2to read as follows:
39. Accounts of the Iowa state association of counties,
4the Iowa league of cities, and the Iowa association of school
5boards shall be audited annually by either the auditor of state
6or a certified public accountant certified in the state of
7Iowa. The audit shall state all moneys expended for expenses
8incurred by and salaries paid to legislative representatives
9and lobbyists of the association audited, as well as the total
10number of hours such persons spent lobbying.
11 Sec. 2. NEW SECTION. 68B.9 Lobbying activities by political
12subdivisions.
131. For purposes of this section, unless the context
14otherwise requires:
15a. “Lobbying” means direct action to encourage the passage,
16defeat, approval, veto, or modification of legislation, a rule,
17or an executive order that is being considered by the general
18assembly, a state agency, or a statewide elected official.
19b. “Political subdivision” means a county, city, township,
20or school district.
212. A political subdivision that contracts with or otherwise
22compensates a person to lobby on behalf of the political
23subdivision shall do so in a reasonable manner, including
24by using written requests for proposals to solicit lobbying
25services. The duration of a contract for lobbying services
26shall not exceed five years. A political subdivision shall
27not renew a contract for lobbying services or enter into a new
28contract for lobbying services unless the political subdivision
29uses a written request for proposal to solicit lobbying
30services.
313. If a political subdivision contracts with or otherwise
32compensates a person to lobby on behalf of the political
33subdivision, or if an employee, officer, or elected or
34appointed official of the political subdivision engages in
35more than ten hours of lobbying on behalf of the political
-1-1subdivision in a calendar month, the political subdivision
2shall preserve all documentation relating to all of the
3following:
4a. Full copies of all contracts in effect that provide, in
5whole or in part, for the provision of lobbying services.
6b. Not later than two weeks after the end of the fiscal year
7for the political subdivision, a schedule showing all payments
8the political subdivision made during the preceding fiscal year
9to any person acting as a lobbyist on behalf of the political
10subdivision or, in the case of an employee, officer, or elected
11or appointed official, the total annual compensation the
12political subdivision paid to such person and the total number
13of hours spent by that person in lobbying activities on behalf
14of the political subdivision in the preceding fiscal year.
154. A record, document, or other information stored or
16preserved in any medium that is required to be preserved by
17this section or relates to lobbying by a person for or on
18behalf of a political subdivision is a public record subject
19to the provisions of chapter 22, shall be preserved and
20maintained for a period of not less than seven years, and shall
21be available for examination and copying by the public upon
22reasonable terms as required by chapter 22, except that section
2322.7 shall not apply, except for section 22.7, subsection 4,
24and a record, document, or other information that is attorney
25work product and relates to a political subdivision’s strategy
26or position on legislation, a rule, or an executive order that
27is being considered by the general assembly, a state agency, or
28a statewide elected official shall be kept confidential unless
29otherwise ordered by a court.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill relates to the lobbying activities of political
34subdivisions.
35The bill defines “political subdivision” as a county,
-2-1city, township, or school district, and “lobbying” as direct
2action to encourage the passage, defeat, approval, veto, or
3modification of legislation, a rule, or an executive order that
4is being considered by the general assembly, a state agency, or
5a statewide elected official.
6The bill provides that a political subdivision that
7contracts with or otherwise compensates a person to lobby on
8behalf of the political subdivision shall do so in a reasonable
9manner, including by using written requests for proposals to
10solicit lobbying services. The duration of a contract for
11lobbying services shall not exceed five years, and a renewal or
12new contract for lobbying services also requires the use of a
13written request for proposal.
14The bill provides that if a political subdivision contracts
15with or otherwise compensates a person to lobby on behalf of
16the political subdivision in exchange for compensation, or if
17any employee, officer, or elected or appointed official of
18the political subdivision engages in more than 10 hours of
19lobbying on behalf of the political subdivision in a calendar
20month, the political subdivision is subject to certain document
21preservation requirements.
22Current law provides that the Iowa state association of
23counties, the Iowa league of cities, and the Iowa association
24of school boards be audited annually by the auditor of state or
25by a certified public accountant, and that the audit state all
26moneys expended for expenses incurred by and salaries paid to
27legislative representatives and lobbyists of such associations.
28The bill requires that the audit also include the total number
29of hours the association’s representatives and lobbyists spent
30lobbying.
31The bill provides that documents and records relating to
32lobbying on or behalf of a political subdivision are public
33records subject to Code chapter 22 (examination of public
34records), and are not subject to any exception to the public
35records law contained in Code section 22.7 except for attorney
-3-1work product related to litigation. The bill further provides
2that documents and records that are attorney work product and
3relate to a political subdivision’s strategy or position on
4legislation, an administrative rule, or an executive order are
5confidential unless otherwise ordered by a court.
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2subdivisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 11.6, subsection 9, Code 2021, is amended
2to read as follows:
39. Accounts of the Iowa state association of counties,
4the Iowa league of cities, and the Iowa association of school
5boards shall be audited annually by either the auditor of state
6or a certified public accountant certified in the state of
7Iowa. The audit shall state all moneys expended for expenses
8incurred by and salaries paid to legislative representatives
9and lobbyists of the association audited, as well as the total
10number of hours such persons spent lobbying.
11 Sec. 2. NEW SECTION. 68B.9 Lobbying activities by political
12subdivisions.
131. For purposes of this section, unless the context
14otherwise requires:
15a. “Lobbying” means direct action to encourage the passage,
16defeat, approval, veto, or modification of legislation, a rule,
17or an executive order that is being considered by the general
18assembly, a state agency, or a statewide elected official.
19b. “Political subdivision” means a county, city, township,
20or school district.
212. A political subdivision that contracts with or otherwise
22compensates a person to lobby on behalf of the political
23subdivision shall do so in a reasonable manner, including
24by using written requests for proposals to solicit lobbying
25services. The duration of a contract for lobbying services
26shall not exceed five years. A political subdivision shall
27not renew a contract for lobbying services or enter into a new
28contract for lobbying services unless the political subdivision
29uses a written request for proposal to solicit lobbying
30services.
313. If a political subdivision contracts with or otherwise
32compensates a person to lobby on behalf of the political
33subdivision, or if an employee, officer, or elected or
34appointed official of the political subdivision engages in
35more than ten hours of lobbying on behalf of the political
-1-1subdivision in a calendar month, the political subdivision
2shall preserve all documentation relating to all of the
3following:
4a. Full copies of all contracts in effect that provide, in
5whole or in part, for the provision of lobbying services.
6b. Not later than two weeks after the end of the fiscal year
7for the political subdivision, a schedule showing all payments
8the political subdivision made during the preceding fiscal year
9to any person acting as a lobbyist on behalf of the political
10subdivision or, in the case of an employee, officer, or elected
11or appointed official, the total annual compensation the
12political subdivision paid to such person and the total number
13of hours spent by that person in lobbying activities on behalf
14of the political subdivision in the preceding fiscal year.
154. A record, document, or other information stored or
16preserved in any medium that is required to be preserved by
17this section or relates to lobbying by a person for or on
18behalf of a political subdivision is a public record subject
19to the provisions of chapter 22, shall be preserved and
20maintained for a period of not less than seven years, and shall
21be available for examination and copying by the public upon
22reasonable terms as required by chapter 22, except that section
2322.7 shall not apply, except for section 22.7, subsection 4,
24and a record, document, or other information that is attorney
25work product and relates to a political subdivision’s strategy
26or position on legislation, a rule, or an executive order that
27is being considered by the general assembly, a state agency, or
28a statewide elected official shall be kept confidential unless
29otherwise ordered by a court.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill relates to the lobbying activities of political
34subdivisions.
35The bill defines “political subdivision” as a county,
-2-1city, township, or school district, and “lobbying” as direct
2action to encourage the passage, defeat, approval, veto, or
3modification of legislation, a rule, or an executive order that
4is being considered by the general assembly, a state agency, or
5a statewide elected official.
6The bill provides that a political subdivision that
7contracts with or otherwise compensates a person to lobby on
8behalf of the political subdivision shall do so in a reasonable
9manner, including by using written requests for proposals to
10solicit lobbying services. The duration of a contract for
11lobbying services shall not exceed five years, and a renewal or
12new contract for lobbying services also requires the use of a
13written request for proposal.
14The bill provides that if a political subdivision contracts
15with or otherwise compensates a person to lobby on behalf of
16the political subdivision in exchange for compensation, or if
17any employee, officer, or elected or appointed official of
18the political subdivision engages in more than 10 hours of
19lobbying on behalf of the political subdivision in a calendar
20month, the political subdivision is subject to certain document
21preservation requirements.
22Current law provides that the Iowa state association of
23counties, the Iowa league of cities, and the Iowa association
24of school boards be audited annually by the auditor of state or
25by a certified public accountant, and that the audit state all
26moneys expended for expenses incurred by and salaries paid to
27legislative representatives and lobbyists of such associations.
28The bill requires that the audit also include the total number
29of hours the association’s representatives and lobbyists spent
30lobbying.
31The bill provides that documents and records relating to
32lobbying on or behalf of a political subdivision are public
33records subject to Code chapter 22 (examination of public
34records), and are not subject to any exception to the public
35records law contained in Code section 22.7 except for attorney
-3-1work product related to litigation. The bill further provides
2that documents and records that are attorney work product and
3relate to a political subdivision’s strategy or position on
4legislation, an administrative rule, or an executive order are
5confidential unless otherwise ordered by a court.
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