Bill Text: IA SF573 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act prohibiting the appropriation and expenditure of funds for lobbying activities by governmental entities, and providing a penalty. (Formerly SSB 1229.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-01-15 - Subcommittee: Chapman, Bisignano, and R. Smith. S.J. 87. [SF573 Detail]
Download: Iowa-2019-SF573-Introduced.html
Senate
File
573
-
Introduced
SENATE
FILE
573
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SSB
1229)
A
BILL
FOR
An
Act
prohibiting
the
appropriation
and
expenditure
of
funds
1
for
lobbying
activities
by
governmental
entities,
and
2
providing
a
penalty.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
8.22,
subsection
3,
unnumbered
paragraph
1
1,
Code
2019,
is
amended
to
read
as
follows:
2
Part
III
shall
include
a
draft
or
drafts
of
appropriation
3
bills
having
for
their
purpose
to
give
legal
sanction
to
the
4
appropriations
recommended
to
be
made
in
parts
I
and
II
,
except
5
that
draft
or
drafts
shall
not
contain
any
recommendation
of
6
an
expenditure
that
violates
section
68B.8
.
The
appropriation
7
bills
shall
indicate
the
funds,
general
or
special,
from
which
8
the
appropriations
shall
be
paid,
but
the
appropriations
9
need
not
be
in
greater
detail
than
to
indicate
the
total
10
appropriation
to
be
made
for:
11
Sec.
2.
Section
8.38,
Code
2019,
is
amended
to
read
as
12
follows:
13
8.38
Misuse
of
appropriations.
14
No
state
department,
institution,
or
agency,
or
any
15
board
member,
commissioner,
director,
manager,
or
other
16
person
connected
with
any
such
department,
institution,
or
17
agency,
shall
expend
funds
or
approve
claims
in
excess
of
the
18
appropriations
made
thereto,
nor
expend
funds
for
any
purpose
19
other
than
that
for
which
the
money
was
appropriated,
nor
20
expend
funds
in
violation
of
section
68B.8,
except
as
otherwise
21
provided
by
law.
A
violation
of
the
foregoing
provision
shall
22
make
any
person
violating
same,
or
consenting
to
the
violation
23
of
same
liable
to
the
state
for
such
sum
so
expended
together
24
with
interest
and
costs,
which
shall
be
recoverable
in
an
25
action
to
be
instituted
by
the
attorney
general
for
the
use
of
26
the
state,
which
action
may
be
brought
in
any
county
of
the
27
state.
28
Sec.
3.
Section
68B.8,
Code
2019,
is
amended
to
read
as
29
follows:
30
68B.8
Lobbying
activities
by
state
agencies
governmental
31
entities
.
32
1.
a.
A
state
agency
of
the
executive
branch
of
state
33
government
governmental
entity
shall
not
employ
or
contract
34
with
a
person
through
the
use
of
its
public
funds
whose
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position
with
the
agency
governmental
entity
is
primarily
1
representing
the
agency
governmental
entity
relative
to
the
2
passage,
defeat,
approval,
or
modification
of
legislation
that
3
is
being
considered
by
the
general
assembly.
4
b.
Notwithstanding
paragraph
“a”
,
a
governmental
entity
5
may
employ
a
person
that
provides
information
to
the
general
6
assembly
and
in
response
to
public
requests
as
determined
by
7
the
governmental
entity.
8
2.
A
state
agency
of
the
executive
branch
of
state
9
government
governmental
entity
shall
not
use
or
permit
the
use
10
of
its
public
funds
for
a
paid
advertisement
or
public
service
11
announcement
thirty
days
prior
to
or
during
a
legislative
12
session
for
the
purpose
of
encouraging
the
passage,
defeat,
13
approval,
or
modification
of
a
bill
that
is
being
considered,
14
or
was
considered
during
the
previous
legislative
session,
by
15
the
general
assembly.
16
3.
For
purposes
of
this
section,
“governmental
entity”
means
17
an
agency,
the
judicial
branch,
a
county,
a
city,
or
any
other
18
unit
of
local
government.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
prohibits
the
appropriation
of
and
expenditure
of
23
funds
by
governmental
entities
for
lobbying
activities.
24
Current
law
prohibits
a
state
agency
of
the
executive
branch
25
from
employing
persons
through
the
use
of
public
funds
whose
26
position
with
the
agency
is
primarily
representing
the
agency
27
relative
to
the
passage
or
defeat
of
legislation
that
is
being
28
considered
by
the
general
assembly.
Current
law
also
prohibits
29
a
state
agency
of
the
executive
branch
from
using
public
funds
30
30
days
prior
to
or
during
a
legislative
session
to
advertise
31
for
or
against
legislation.
32
The
bill
extends
these
prohibitions
to
agencies,
the
33
judicial
branch,
counties,
cities,
and
any
other
unit
of
local
34
government.
An
agency
is
a
department,
division,
board,
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commission,
bureau,
authority,
or
office
of
the
executive
or
1
legislative
branch
of
state
government,
the
office
of
attorney
2
general,
the
state
board
of
regents,
community
colleges,
and
3
the
office
of
the
governor,
including
a
regulatory
agency,
4
or
any
department,
division,
board,
commission,
bureau,
or
5
office
of
a
political
subdivision
of
the
state,
but
does
6
not
include
any
agricultural
commodity
promotional
board,
7
which
is
subject
to
a
producer
referendum.
The
bill
also
8
prohibits
a
governmental
entity
from
contracting
with
persons
9
through
the
use
of
public
funds
whose
primary
responsibility
10
would
be
to
lobby
for
or
against
legislation.
However,
a
11
governmental
entity
may
employ
a
person
to
provide
information
12
to
the
general
assembly
and
in
response
to
public
requests
as
13
determined
by
the
governmental
entity.
14
A
person
who
knowingly
and
intentionally
violates
the
15
prohibition
on
governmental
entities
employing
or
contracting
16
with
a
person
whose
position
is
primarily
to
lobby
for
or
17
against
legislation,
or
the
prohibition
on
governmental
18
entities
using
public
funds
for
paid
advertisements
that
19
lobby
for
or
against
legislation,
is
guilty
of
a
serious
20
misdemeanor
and
may
be
reprimanded,
suspended,
or
dismissed
21
from
the
person’s
position
or
otherwise
sanctioned.
A
serious
22
misdemeanor
is
punishable
by
confinement
for
no
more
than
one
23
year
and
a
fine
of
at
least
$315
but
not
more
than
$1,875.
24
The
bill
also
prohibits
governor’s
appropriation
bills
from
25
containing
any
recommendation
of
an
expenditure
that
would
26
appropriate
moneys
to
a
governmental
entity
for
the
purpose
of
27
employing
or
contracting
with
a
person
whose
position
would
28
be
to
primarily
lobby
for
or
against
legislation
or
for
the
29
purpose
of
advertising
for
or
against
legislation.
30
The
bill
provides
that
a
state
department,
institution,
31
or
agency,
or
any
board
member,
commissioner,
director,
32
manager,
or
other
person
connected
with
any
such
department,
33
institution,
or
agency,
shall
not
expend
funds
to
employ
or
34
contract
with
a
person
whose
position
is
primarily
to
lobby
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