Senate Study Bill 1054 


PAG LIN



  1  1                    SENATE RESOLUTION NO. ___
  1  2         BY  (PROPOSED COMMITTEE ON ETHICS RESOLUTION BY
  1  3                       CHAIRPERSON KIBBIE)
  1  4 A Resolution relating to the Senate Rules Governing
  1  5    Lobbyists and their interactions with the Senate and
  1  6    members of the Senate during the Eighty=second General
  1  7    Assembly.
  1  8    BE IT RESOLVED BY THE SENATE, That the Senate Rules
  1  9 Governing Lobbyists for the Eighty=first Eighty=second General
  1 10 Assembly shall be as follows:
  1 11                SENATE RULES GOVERNING LOBBYISTS
  1 12    1.  DEFINITIONS.  As used in these rules, "client", "gift",
  1 13 "honoraria" or "honorarium", "immediate family member", and
  1 14 "lobbyist" have the meaning provided in chapter 68B.  As used
  1 15 in these rules, the term "political action committee" means a
  1 16 committee, but not a candidate's committee, which accepts
  1 17 contributions, makes expenditures, or incurs indebtedness in
  1 18 the aggregate of more than seven hundred fifty dollars in any
  1 19 one calendar year to expressly advocate the nomination,
  1 20 election, or defeat of a candidate for public office or to
  1 21 expressly advocate the passage or defeat of a ballot issue or
  1 22 influencing legislative action, or an association, lodge,
  1 23 society, cooperative, union, fraternity, sorority, educational
  1 24 institution, civic organization, labor organization, religious
  1 25 organization, or professional or other organization which
  1 26 makes contributions in the aggregate of more than seven
  1 27 hundred fifty dollars in any one calendar year to expressly
  1 28 advocate the nomination, election, or defeat of a candidate
  1 29 for public office or to expressly advocate the passage or
  1 30 defeat of a ballot issue or influencing legislative action.
  1 31    2.  APPLICABILITY.  These rules are only applicable to
  1 32 lobbying activities involving the Iowa general assembly.
  1 33    3.  REGISTRATION REQUIRED.  All lobbyists shall, on or
  1 34 before the day their lobbying activity begins, register in the
  1 35 manner provided under section 68B.36 by filing a completed
  2  1 lobbyist's registration form with the person or persons
  2  2 designated by the chief clerk of the house and the secretary
  2  3 of the senate to receive lobbyist registration statements.
  2  4 Lobbyist registration forms shall be available in the office
  2  5 of the chief clerk of the house and the secretary of the
  2  6 senate.  In addition, the lobbyist shall file with the
  2  7 secretary of the senate a statement of the general subjects of
  2  8 legislation in which the lobbyist is or may be interested, the
  2  9 numbers of the bills and resolutions and the bill number of
  2 10 study bills (if known) which will be lobbied, whether the
  2 11 lobbyist intends to lobby for or against each bill,
  2 12 resolution, or study bill (if known), and on whose behalf the
  2 13 lobbyist is lobbying the bill, resolution, or study bill.
  2 14    Any change in or addition to the foregoing information
  2 15 shall be registered with the person or persons designated by
  2 16 the chief clerk of the house and the secretary of the senate
  2 17 to receive lobbyist registration statements within ten days
  2 18 after the change or addition is known to the lobbyist.
  2 19    Registration expires upon the commencement of the next
  2 20 regular session of the general assembly, except that the
  2 21 secretary of the senate may adopt and implement a reasonable
  2 22 pre=registration preregistration procedure in advance of each
  2 23 regular session during which persons may register for that
  2 24 session and the following legislative interim.
  2 25    4.  CANCELLATION OF REGISTRATION.  If a lobbyist's service
  2 26 on behalf of a particular employer, client, or cause is
  2 27 concluded prior to the end of the calendar year, the lobbyist
  2 28 may cancel the registration on appropriate forms supplied by
  2 29 the secretary of the senate.  Upon cancellation of
  2 30 registration, a lobbyist is prohibited from engaging in any
  2 31 lobbying activity on behalf of that particular employer,
  2 32 client, or cause until reregistering and complying with these
  2 33 rules.  A lobbyist's registration is valid for only one
  2 34 session of a general assembly.
  2 35    5.  AMENDMENT OF REGISTRATION.  If a registered lobbyist
  3  1 represents more than one employer, client, or cause and the
  3  2 lobbyist's services are concluded on behalf of a particular
  3  3 employer, client, or cause after the lobbyist registers but
  3  4 before the first day of the next legislative session, the
  3  5 lobbyist shall file an amendment to the lobbyist's
  3  6 registration indicating which employer, client, or cause is no
  3  7 longer represented by the lobbyist and the date upon which the
  3  8 representation concluded.
  3  9    If a lobbyist is retained by one or more additional
  3 10 employers, clients, or causes after the lobbyist registers but
  3 11 before the first day of the next legislative session, the
  3 12 lobbyist shall file an amendment to the lobbyist's
  3 13 registration indicating the employer, client, or cause to be
  3 14 added and the date upon which the representation begins.
  3 15    Amendments to a lobbyist's registration regarding changes
  3 16 which occur during the time that the general assembly is in
  3 17 session shall be filed within one working day after the date
  3 18 upon which the change in the lobbyist's representation becomes
  3 19 effective.
  3 20    6.  PUBLIC ACCESS.  All information filed by a lobbyist or
  3 21 a client of a lobbyist under chapter 68B of the Code is a
  3 22 public record and open to public inspection at any reasonable
  3 23 time.
  3 24    7.  LOBBYIST AND CLIENT REPORTING.  Each lobbyist
  3 25 registered with the senate and each lobbyist's client shall
  3 26 file the reports required under sections 68B.37 and 68B.38
  3 27 with the secretary of the senate.
  3 28    For purposes of this rule, and the reports required under
  3 29 sections 68B.37 and 68B.38, "services enumerated under section
  3 30 68B.2, subsection 13, paragraph "a"" and "lobbying purposes"
  3 31 include, but are not limited to, the following:
  3 32    a.  Time spent by the lobbyist at the state capitol
  3 33 building commencing with the first day of a legislative
  3 34 session and ending with the day of final adjournment of each
  3 35 legislative session as indicated by the journals of the house
  4  1 and senate.
  4  2    b.  Time spent by the lobbyist attending meetings or
  4  3 hearings which results in the lobbyist communicating with
  4  4 members of the general assembly or legislative employees about
  4  5 current or proposed legislation.
  4  6    c.  Time spent by the lobbyist researching and drafting
  4  7 proposed legislation with the intent to submit the legislation
  4  8 to a member of the general assembly or a legislative employee.
  4  9    d.  Time spent by the lobbyist actually communicating with
  4 10 members of the general assembly and legislative employees
  4 11 about current or proposed legislation.
  4 12    8.  GOVERNMENT OFFICIALS.  All federal, state, and local
  4 13 officials or employees representing their departments,
  4 14 commissions, boards, or agencies shall present to the
  4 15 secretary of the senate a letter of authorization from their
  4 16 department or agency heads prior to the commencement of their
  4 17 lobbying.  The lobbyist registration statement of these
  4 18 officials and employees shall not be deemed complete until the
  4 19 letter of authorization is attached.  Federal, state, and
  4 20 local officials who wish to lobby in opposition to their
  4 21 departments, commissions, boards, or agencies must indicate
  4 22 such on their lobbyist registration statements.
  4 23    9.  CHARGE ACCOUNTS AND LOANS.  Lobbyists and the
  4 24 organizations they represent shall not allow any senators to
  4 25 charge any amounts or items to any charge account to be paid
  4 26 for by those lobbyists or by the organizations they represent.
  4 27 A lobbyist shall not make a loan to a senator unless the loan
  4 28 is made in the ordinary course of business, the lobbyist is in
  4 29 the business of making loans, and the terms and conditions of
  4 30 the loan are the same or substantially similar to the finance
  4 31 charges and loan terms that are available to members of the
  4 32 general public.
  4 33    10.  OFFERS OF ECONOMIC OPPORTUNITY.  A lobbyist, an
  4 34 employer of a lobbyist, or a political action committee shall
  4 35 not offer economic or investment opportunity or promise of
  5  1 employment to any senator with intent to influence the
  5  2 senator's conduct in the performance of official duties.
  5  3    A lobbyist shall not take action intended to negatively
  5  4 affect the economic interests of a senator.
  5  5    For purposes of this rule, supporting or opposing a
  5  6 candidate for office or supporting or opposing a bill,
  5  7 amendment, or resolution shall not be considered to be action
  5  8 intended to negatively affect the economic interests of a
  5  9 senator.
  5 10    11.  MEMBERSHIP CONTRIBUTIONS.  A lobbyist, or employer of
  5 11 a lobbyist, shall not pay for membership in or contributions
  5 12 to clubs or organizations on behalf of a senator.
  5 13    12.  ACCESS TO SENATE FLOOR.  Lobbyists shall not be
  5 14 permitted on the floor of the senate while the senate is in
  5 15 session.  Elected state officials, except the governor,
  5 16 lieutenant governor, and the members of the house of
  5 17 representatives, shall not be permitted on the floor of the
  5 18 senate while the senate is in session to encourage the
  5 19 passage, defeat, or modification of legislation.
  5 20    13.  EFFECTIVE PERIOD.  These rules governing lobbyists
  5 21 shall be in effect throughout the calendar year, whether or
  5 22 not the general assembly is in session.
  5 23    14.  GIFTS.  A lobbyist or the client of a lobbyist shall
  5 24 not, directly or indirectly, offer or make a gift or a series
  5 25 of gifts to a senator, except as otherwise provided in section
  5 26 68B.22.
  5 27    15.  HONORARIA.  A lobbyist or client of a lobbyist shall
  5 28 not give an honorarium to a member or employee of the senate,
  5 29 except as otherwise provided in section 68B.23.
  5 30    16.  COMPLAINTS.  Rules 15 through 23 of the senate code of
  5 31 ethics apply to complaints and procedures regarding violations
  5 32 of these rules.
  5 33 LSB 1689SC 82
  5 34 tm:rj/gg/14