Iowa SF 493: A bill for an act prohibiting political subdivisions from using certain moneys to hire lobbyists or pay instrumentalities, and providing penalties.

Bill Text

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 certain1
moneys to hire lobbyists or pay instrumentalities, and2
providing penalties.3
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:4
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S.F. 493
Section 1. NEW SECTION. 68B.9 Use of tax revenue by1
political subdivisions —— lobbying restrictions.2
1. A political subdivision shall not use moneys received3
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 a6
lobbyist.7
2. a. For purposes of this section, “instrumentality” means8
an entity to which all of the following apply:9
(1) The entity serves a governmental purpose or performs a10
governmental function.11
(2) The entity operates on behalf of one or more political12
subdivisions.13
(3) One or more political subdivisions have the powers and14
interests of an owner with respect to the entity.15
(4) Control and supervision of the entity is vested in16
members of one or more political subdivisions.17
b. “Instrumentality” includes but is not limited to the18
following entities:19
(1) The Iowa league of cities.20
(2) The Iowa state association of counties and any affiliate21
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 group25
entity.26
Sec. 2. Section 68B.34, Code 2025, is amended to read as27
follows:28
68B.34 Additional penalty.29
In addition to any penalty contained in any other provision30
of law, a person who knowingly and intentionally violates a31
provision of sections 68B.2A through 68B.8 68B.9, sections32
68B.22 through 68B.24, or sections 68B.35 through 68B.3833
is guilty of a serious misdemeanor and may be reprimanded,34
suspended, or dismissed from the person’s position or otherwise35
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S.F. 493
sanctioned.1
EXPLANATION2
The inclusion of this explanation does not constitute agreement with3
the explanation’s substance by the members of the general assembly.4
This bill prohibits a political subdivision from using5
moneys received from the imposition of a tax to employ or6
compensate a lobbyist, or to pay an instrumentality that7
employs or compensates a lobbyist. For the purposes of the8
bill, “instrumentality” is defined and includes, among other9
entities that meet certain qualifications, the Iowa league of10
cities, the Iowa state association of counties and any of its11
affiliates, and the Iowa school board association.12
When used in Code chapter 68B (government ethics and13
lobbying), “lobbyist” means an individual who, by acting14
directly, receives compensation to encourage the passage,15
defeat, approval, veto, or modification of legislation, a16
rule, or an executive order by the members of the general17
assembly, a state agency, or any statewide elected official;18
is a designated representative of an organization which has as19
one of its purposes the encouragement of the passage, defeat,20
approval, veto, or modification of legislation, a rule, or an21
executive order before the general assembly, a state agency,22
or any statewide elected official; represents the position of23
a federal, state, or local government agency, in which the24
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 executive27
order by members of the general assembly, a state agency, or28
any statewide elected official; or makes expenditures of more29
than $1,000 in a year, other than to pay another lobbyist or30
to communicate with only the members of the general assembly31
who represent the district in which the individual resides, to32
communicate in person with members of the general assembly, a33
state agency, or any statewide elected official for purposes34
of encouraging the passage, defeat, approval, veto, or35
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S.F. 493
modification of legislation, a rule, or an executive order.1
A person who knowingly and intentionally violates the2
bill is guilty of a serious misdemeanor and if the person3
is a lobbyist, the person may be reprimanded, suspended, or4
dismissed from the person’s position or otherwise sanctioned.5
A serious misdemeanor is punishable by confinement for no more6
than one year and a fine of at least $430 but not more than7
$2,560.8
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