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 theEighty=firstEighty=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 22pre=registrationpreregistration 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