Bill Text: IA HF822 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to lobbying activities by political subdivisions.(Formerly HF 346.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2021-04-08 - Placed on calendar under unfinished business. S.J. 842. [HF822 Detail]

Download: Iowa-2021-HF822-Introduced.html
House File 822 - Introduced HOUSE FILE 822 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HF 346) 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 2353HV (2) 89 jh/tm
H.F. 822 Section 1. Section 11.6, subsection 9, Code 2021, is amended 1 to read as follows: 2 9. Accounts of the Iowa state association of counties, 3 the Iowa league of cities, and the Iowa association of school 4 boards shall be audited annually by either the auditor of state 5 or a certified public accountant certified in the state of 6 Iowa. The audit shall state all moneys expended for expenses 7 incurred by and salaries paid to legislative representatives 8 and lobbyists of the association audited , as well as the total 9 number of hours such persons spent lobbying . 10 Sec. 2. NEW SECTION . 68B.9 Lobbying activities by political 11 subdivisions. 12 1. For purposes of this section, unless the context 13 otherwise requires: 14 a. “Lobbying” means direct action to encourage the passage, 15 defeat, approval, veto, or modification of legislation, a rule, 16 or an executive order that is being considered by the general 17 assembly, a state agency, or a statewide elected official. 18 b. “Political subdivision” means a county, city, township, 19 or school district. 20 2. A political subdivision that contracts with or otherwise 21 compensates a person to lobby on behalf of the political 22 subdivision shall do so in a reasonable manner, including 23 by using written requests for proposals to solicit lobbying 24 services. The duration of a contract for lobbying services 25 shall not exceed five years. A political subdivision shall 26 not renew a contract for lobbying services or enter into a new 27 contract for lobbying services unless the political subdivision 28 uses a written request for proposal to solicit lobbying 29 services. 30 3. If a political subdivision contracts with or otherwise 31 compensates a person to lobby on behalf of the political 32 subdivision, or if an employee, officer, or elected or 33 appointed official of the political subdivision engages in 34 more than ten hours of lobbying on behalf of the political 35 -1- LSB 2353HV (2) 89 jh/tm 1/ 4
H.F. 822 subdivision in a calendar month, the political subdivision 1 shall preserve all documentation relating to all of the 2 following: 3 a. Full copies of all contracts in effect that provide, in 4 whole or in part, for the provision of lobbying services. 5 b. Not later than two weeks after the end of the fiscal year 6 for the political subdivision, a schedule showing all payments 7 the political subdivision made during the preceding fiscal year 8 to any person acting as a lobbyist on behalf of the political 9 subdivision or, in the case of an employee, officer, or elected 10 or appointed official, the total annual compensation the 11 political subdivision paid to such person and the total number 12 of hours spent by that person in lobbying activities on behalf 13 of the political subdivision in the preceding fiscal year. 14 4. A record, document, or other information stored or 15 preserved in any medium that is required to be preserved by 16 this section or relates to lobbying by a person for or on 17 behalf of a political subdivision is a public record subject 18 to the provisions of chapter 22, shall be preserved and 19 maintained for a period of not less than seven years, and shall 20 be available for examination and copying by the public upon 21 reasonable terms as required by chapter 22, except that section 22 22.7 shall not apply, except for section 22.7, subsection 4, 23 and a record, document, or other information that is attorney 24 work product and relates to a political subdivision’s strategy 25 or position on legislation, a rule, or an executive order that 26 is being considered by the general assembly, a state agency, or 27 a statewide elected official shall be kept confidential unless 28 otherwise ordered by a court. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill relates to the lobbying activities of political 33 subdivisions. 34 The bill defines “political subdivision” as a county, 35 -2- LSB 2353HV (2) 89 jh/tm 2/ 4
H.F. 822 city, township, or school district, and “lobbying” as direct 1 action to encourage the passage, defeat, approval, veto, or 2 modification of legislation, a rule, or an executive order that 3 is being considered by the general assembly, a state agency, or 4 a statewide elected official. 5 The bill provides that a political subdivision that 6 contracts with or otherwise compensates a person to lobby on 7 behalf of the political subdivision shall do so in a reasonable 8 manner, including by using written requests for proposals to 9 solicit lobbying services. The duration of a contract for 10 lobbying services shall not exceed five years, and a renewal or 11 new contract for lobbying services also requires the use of a 12 written request for proposal. 13 The bill provides that if a political subdivision contracts 14 with or otherwise compensates a person to lobby on behalf of 15 the political subdivision in exchange for compensation, or if 16 any employee, officer, or elected or appointed official of 17 the political subdivision engages in more than 10 hours of 18 lobbying on behalf of the political subdivision in a calendar 19 month, the political subdivision is subject to certain document 20 preservation requirements. 21 Current law provides that the Iowa state association of 22 counties, the Iowa league of cities, and the Iowa association 23 of school boards be audited annually by the auditor of state or 24 by a certified public accountant, and that the audit state all 25 moneys expended for expenses incurred by and salaries paid to 26 legislative representatives and lobbyists of such associations. 27 The bill requires that the audit also include the total number 28 of hours the association’s representatives and lobbyists spent 29 lobbying. 30 The bill provides that documents and records relating to 31 lobbying on or behalf of a political subdivision are public 32 records subject to Code chapter 22 (examination of public 33 records), and are not subject to any exception to the public 34 records law contained in Code section 22.7 except for attorney 35 -3- LSB 2353HV (2) 89 jh/tm 3/ 4
H.F. 822 work product related to litigation. The bill further provides 1 that documents and records that are attorney work product and 2 relate to a political subdivision’s strategy or position on 3 legislation, an administrative rule, or an executive order are 4 confidential unless otherwise ordered by a court. 5 -4- LSB 2353HV (2) 89 jh/tm 4/ 4
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