Prohibiting the appropriation and expenditure of funds for lobbying activities by governmental entities, and providing a penalty

This bill prohibits the appropriation of and expenditure of funds by governmental entities for lobbying activities. Current law prohibits a state agency of the executive branch from employing persons through the use of public funds whose position with the agency is primarily representing the agency relative to the passage or defeat of legislation that is being considered by the general assembly. Current law also prohibits a state agency of the executive branch from using public funds days prior to or during a legislative session to advertise for or against legislation. The bill extends these prohibitions to agencies, the judicial branch, counties, cities, and any other unit of local government. An agency is a department, division, board, commission, bureau, authority, or office of the executive or legislative branch of state government, the office of attorney general, the state board of regents, community colleges, and the office of the governor, including a regulatory agency, or any department, division, board, commission, bureau, or office of a political subdivision of the state, but does not include any agricultural commodity promotional board, which is subject to a producer referendum. The bill also prohibits a governmental entity from contracting with persons through the use of public funds whose primary responsibility would be to lobby for or against legislation. However, a governmental entity may employ a person to provide information to the general assembly and in response to public requests as determined by the governmental entity. A person who knowingly and intentionally violates the prohibition on governmental entities employing or contracting with a person whose position is primarily to lobby for or against legislation, or the prohibition on governmental entities using public funds for paid advertisements that lobby for or against legislation, is guilty of a serious misdemeanor and may be reprimanded, suspended, or dismissed from the person’s position or otherwise sanctioned. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875. The bill also prohibits governor’s appropriation bills from containing any recommendation of an expenditure that would appropriate moneys to a governmental entity for the purpose of employing or contracting with a person whose position would be to primarily lobby for or against legislation or for the purpose of advertising for or against legislation. The bill provides that a state department, institution, or agency, or any board member, commissioner, director, manager, or other person connected with any such department, institution, or agency, shall not expend funds to employ or contract with a person whose position is primarily to lobby for or against legislation or to advertise for or against legislation, and that a person who does so is liable to the state for the sum of the moneys expended plus interest and costs.