No Taxpayer Money for Lobbying by Political Subdivisions Act

Summary

There are concerns that the use of public funds by political subdivisions for lobbying activities is an improper use of taxpayer funds and that there is a general lack of transparency regarding public spending on lobbying activities. This model seeks to address these concerns by prohibiting the use of public funds by political subdivisions for hiring or contracting with a person required to register as a lobbyist.

No Taxpayer Money for Lobbying by Political Subdivisions Act

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF {insert state}:
Section 1. Restriction on the Use of Public Funds By Political Subdivisions

  • (a) A political subdivision may not spend public funds:
    1. To hire or contract with an individual required to register as a lobbyist under {insert code reference} for the purpose of lobbying a member of the legislature; or
    2. To pay a nonprofit association or organization that:
      • A. Primarily represents political subdivisions; and
      • B. Hires or contracts with an individual required to register as a lobbyist under {insert code reference}.
  •  (b) Subsection (a) does not apply to an association or organization that solely represents elected sheriffs or individual law enforcement officers.
  • (c) Subsection (a) does not prohibit:
    1. An officer or employee of a political subdivision from providing information for a member of the legislature or appearing before a legislative committee;
    2. An elected officer of a political subdivision from advocating for or against or otherwise influencing or attempting to influence the outcome of legislation pending before the legislature while acting as an officer of the political subdivision;
    3. An employee of a political subdivision from advocating for or against or otherwise influencing or attempting to influence the outcome of legislation pending before the legislature if those actions would not require a person to register as a lobbyist under {insert code reference};
    4. A political subdivision from reimbursing an officer or full-time employee of the political subdivision for direct travel expenses incurred by the officer or employee for engaging in an activity described by Subdivision (1), (2), or (3); or
    5. full-time employee of a nonprofit association or organization that primarily represents political subdivisions of this state from:
      • A. Providing legislative services related to bill tracking, bill analysis, and legislative alerts;
      • B. Communicating directly with a member of the legislature to provide information if the communication would notrequire a person to register as a lobbyist under {insert code reference]; or
      • C. Testifying for or against legislation before the legislature.
  • (d)  d. If a political subdivision engages in an activity prohibited by Subsection (a), the taxpayer or resident of the political subdivision is entitled to injunctive relief to prevent further activity prohibited by that subsection and further payment of public funds related to that activity.
  • (e) A taxpayer or resident who prevails in an action under Subsection (d) is entitled to recover from the political subdivision the taxpayer ’s or resident ’s reasonable attorney ’s fees and costs incurred in bringing the action.