House Resolution 11PAG LIN H.R. ________ S.R. ________ 1 1 HOUSE RESOLUTION NO. ___ 1 2 BY COMMITTEE ON ETHICS 1 3 (SUCCESSOR TO HSB 1) 1 4 A Resolution relating to the rules governing lobbyists 1 5 in the House of Representatives. 1 6 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, 1 7 That the House Rules Governing Lobbyists shall be as 1 8 follows: 1 9 HOUSE RULES GOVERNING LOBBYISTS 1 10 1. DEFINITIONS OF TERMS. As used in these rules, 1 11 "client", "gift", "immediate family member", 1 12 "lobbyist", and "person" have the meanings provided in 1 13 section 68B.2 of the Code, except that the terms 1 14 "lobbyist" and "client" shall only refer to persons 1 15 who are lobbyists or clients of lobbyists of the house 1 16 of representatives. Except as otherwise provided, 1 17 "employee of the house" means a full=time permanent 1 18 paid employee of the house of representatives. 1 19 2. REGISTRATION REQUIRED. 1 20 a. All lobbyists shall, on or before the day their 1 21 lobbying activity begins, register in the manner 1 22 provided under section 68B.36 of the Code. Lobbyist 1 23 registration forms shall be available in the office of 1 24 the chief clerk of the house. 1 25 b. In addition each registered lobbyist shall file 1 26 with the chief clerk of the house a statement of the 1 27 general subjects of legislation in which the lobbyist 1 28 is or may be interested, the file number of the bills 1 29 and resolutions and the bill number of study bills, if 1 30 known, which will be lobbied, whether the lobbyist 2 1 intends to lobby for or against each bill, resolution, 2 2 or study bill, if known, and on whose behalf the 2 3 lobbyist is lobbying the bill, resolution, or study 2 4 bill. 2 5 Any change in or addition to the information 2 6 required by this rule shall be registered with the 2 7 chief clerk of the house within ten days from the time 2 8 the change or addition is known to the lobbyist. 2 9 3. CANCELLATION OF REGISTRATION. If a lobbyist's 2 10 service on behalf of a particular employer, client, or 2 11 cause is concluded after the lobbyist registers but 2 12 before the first day of the next legislative session, 2 13 the lobbyist shall cancel the registration in the 2 14 manner required under section 68B.36 of the Code. 2 15 Upon cancellation of registration, a person is 2 16 prohibited from engaging in any lobbying activity on 2 17 behalf of that particular employer, client, or cause 2 18 until reregistering and complying with the 2 19 requirements of section 68B.36 of the Code. 2 20 3A.4. AMENDMENT OF REGISTRATION. If a 2 21 registered lobbyist represents more than one employer, 2 22 client, or cause and the lobbyist's services are 2 23 concluded on behalf of a particular employer, client, 2 24 or cause after the lobbyist registers but before the 2 25 first day of the next legislative session, the 2 26 lobbyist shall file an amendment to the lobbyist's 2 27 registration indicating which employer, client, or 2 28 cause is no longer represented by the lobbyist and the 2 29 date upon which the representation concluded. 2 30 If a lobbyist is retained by one or more additional 3 1 employers, clients, or causes after the lobbyist 3 2 registers but before the first day of the next 3 3 legislative session, the lobbyist shall file an 3 4 amendment to the lobbyist's registration indicating 3 5 the employer, client, or cause to be added and the 3 6 date upon which the representation begins. 3 7 Amendments to a lobbyist's registration regarding 3 8 changes which occur during the time that the general 3 9 assembly is in session shall be filed within one 3 10 working day after the date upon which the change in 3 11 the lobbyist's representation becomes effective. 3 12 Amendments regarding changes which occur when the 3 13 general assembly is not in session shall be filed 3 14 within ten days after the date upon which the change 3 15 in the lobbyist's representation becomes effective. 3 164.5. PUBLIC ACCESS. All information filed by a 3 17 lobbyist or a client of a lobbyist under chapter 68B 3 18 of the Code is a public record and open to public 3 19 inspection at any reasonable time. 3 205.6. CHARGE ACCOUNTS. Lobbyists and the clients 3 21 they represent shall not allow members of the house to 3 22 charge any amounts or items to a charge account to be 3 23 paid for by those lobbyists or by the clients they 3 24 represent. 3 256.7. ACCESS TO HOUSE FLOOR. Lobbyists shall 3 26 only be permitted on the floor of the house pursuant 3 27 to rule 20 of the rules of the house. 3 287.8. FEE OR BONUS PROHIBITED. A fee or bonus 3 29 shall not be paid to any lobbyist with reference to 3 30 any legislative action that is conditioned wholly or 4 1 in part upon the results attained by the lobbyist. 4 28.9. OFFERS OF ECONOMIC OR INVESTMENT 4 3 OPPORTUNITY. A lobbyist, employer, or client of a 4 4 lobbyist shall not offer economic or investment 4 5 opportunity or promise of employment to any member of 4 6 the house with intent to influence conduct in the 4 7 performance of official duties. 4 89.10. PERSONAL OR FINANCIAL OBLIGATION. A 4 9 lobbyist shall not do anything with the purpose of 4 10 placing a member of the house under personal or 4 11 financial obligation to a lobbyist or a lobbyist's 4 12 principal or agent. 4 1310.11. ATTEMPTS TO CREATE ADDITIONAL EMPLOYMENT. 4 14 A lobbyist shall not cause or influence the 4 15 introduction of any bill or amendment for the purpose 4 16 of being employed to secure its passage or defeat. 4 1711.12. CAMPAIGN SUPPORT. A lobbyist shall not 4 18 influence or attempt to influence a member's actions 4 19 by the promise of financial support for the member's 4 20 candidacy or threat of financial support for an 4 21 opposition candidate. A lobbyist shall not make a 4 22 campaign contribution to a member or to a member's 4 23 candidate's committee during the time that the general 4 24 assembly is in session. 4 2512.13. COMMUNICATION WITH MEMBER'S EMPLOYER 4 26 PROHIBITED. A lobbyist shall not communicate with a 4 27 member's employer for the purpose of influencing a 4 28 vote of the member. 4 2913.14. EXCESS PAYMENTS. A lobbyist shall not 4 30 pay or agree to pay to a member a price, fee, 5 1 compensation, or other consideration for the sale or 5 2 lease of any property or the furnishing of services 5 3 which is substantially in excess of that which other 5 4 persons in the same business or profession would 5 5 charge in the ordinary course of business. 5 614.15. PROHIBITION AGAINST GIFTS. A lobbyist or 5 7 client of a lobbyist shall not, directly or 5 8 indirectly, offer or make a gift or series of gifts to 5 9 any member or full=time permanent employee of the 5 10 house or the immediate family members of a member or 5 11 full=time permanent employee of the house except as 5 12 otherwise provided in section 68B.22 of the Code. A 5 13 lobbyist or client of a lobbyist who intends or plans 5 14 to give a nonmonetary item, other than food or drink 5 15 consumed in the presence of the donor, which does not 5 16 have a readily ascertainable value, to a member or 5 17 full=time permanent employee of the house, prior to 5 18 giving or sending the item to the member or employee, 5 19 shall seek approval of the item from the chief clerk 5 20 of the house. A lobbyist or client of a lobbyist who 5 21 seeks approval of an item from the chief clerk shall 5 22 submit the item and evidence of the value of the item 5 23 at the time that approval is requested. 5 24 A lobbyist shall inform each of the lobbyist's 5 25 clients of the requirements of section 68B.22 of the 5 26 Code and of the responsibility to seek approval prior 5 27 to giving or sending a nonmonetary item which does not 5 28 have a readily ascertainable value to a member or a 5 29 full=time permanent employee of the house. 5 3015.16. FINANCIAL TRANSACTIONS. A lobbyist shall 6 1 not, directly or indirectly, make a loan to a member 6 2 of the house or to an employee of the house. 6 3 A loan prohibited under this section does not 6 4 include a loan made in the ordinary course of business 6 5 of a lobbyist if the primary business of the lobbyist 6 6 is something other than lobbying, if consideration of 6 7 equal or greater value is received by the lobbyist, 6 8 and if fair market value is given or received for the 6 9 benefit conferred. 6 1016.17. HONORARIA == RESTRICTIONS. A lobbyist or 6 11 client of a lobbyist shall not pay an honorarium to a 6 12 member or employee of the house for a speaking 6 13 engagement or other formal public appearance in the 6 14 official capacity of the member or employee except as 6 15 otherwise provided in section 68B.23 of the Code. 6 1617.18. COMPLAINTS. The procedures for 6 17 complaints and enforcement of these rules shall be the 6 18 same as those provided in the house code of ethics. 6 1918.19. PROCEDURES AND FORMS. The chief clerk of 6 20 the house, subject to the approval of the house ethics 6 21 committee, shall prescribe procedures for compliance 6 22 with these rules, and shall prepare forms for the 6 23 filing of complaints and make them available to any 6 24 person. 6 25 LSB 1532HV 83 6 26 tm/rj/14