House Study Bill 1 PAG LIN 1 1 HOUSE RESOLUTION NO. ___ 1 2 BY (PROPOSED COMMITTEE ON ETHICS 1 3 RESOLUTION BY CHAIRPERSON MILLER) 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, That the 1 7 House Rules Governing Lobbyists shall be as follows: 1 8 HOUSE RULES GOVERNING LOBBYISTS 1 9 1. DEFINITIONS OF TERMS. As used in these rules, 1 10 "client", "gift", "immediate family member", "lobbyist", and 1 11 "person" have the meanings provided in section 68B.2 of the 1 12 Code, except that the terms "lobbyist" and "client" shall only 1 13 refer to persons who are lobbyists or clients of lobbyists of 1 14 the house of representatives. Except as otherwise provided, 1 15 "employee of the house" means a full=time permanent paid 1 16 employee of the house of representatives. 1 17 2. REGISTRATION REQUIRED. 1 18 a. All lobbyists shall, on or before the day their 1 19 lobbying activity begins, register in the manner provided 1 20 under section 68B.36 of the Code. Lobbyist registration forms 1 21 shall be available in the office of the chief clerk of the 1 22 house. 1 23 b. In addition each registered lobbyist shall file with 1 24 the chief clerk of the house a statement of the general 1 25 subjects of legislation in which the lobbyist is or may be 1 26 interested, the file number of the bills and resolutions and 1 27 the bill number of study bills, if known, which will be 1 28 lobbied, whether the lobbyist intends to lobby for or against 1 29 each bill, resolution, or study bill, if known, and on whose 1 30 behalf the lobbyist is lobbying the bill, resolution, or study 1 31 bill. 1 32 Any change in or addition to the information required by 1 33 this rule shall be registered with the chief clerk of the 1 34 house within ten days from the time the change or addition is 1 35 known to the lobbyist. 2 1 3. CANCELLATION OF REGISTRATION. If a lobbyist's service 2 2 on behalf of a particular employer, client, or cause is 2 3 concluded after the lobbyist registers but before the first 2 4 day of the next legislative session, the lobbyist shall cancel 2 5 the registration in the manner required under section 68B.36 2 6 of the Code. Upon cancellation of registration, a person is 2 7 prohibited from engaging in any lobbying activity on behalf of 2 8 that particular employer, client, or cause until reregistering 2 9 and complying with the requirements of section 68B.36 of the 2 10 Code. 2 113A.4. AMENDMENT OF REGISTRATION. If a registered 2 12 lobbyist represents more than one employer, client, or cause 2 13 and the lobbyist's services are concluded on behalf of a 2 14 particular employer, client, or cause after the lobbyist 2 15 registers but before the first day of the next legislative 2 16 session, the lobbyist shall file an amendment to the 2 17 lobbyist's registration indicating which employer, client, or 2 18 cause is no longer represented by the lobbyist and the date 2 19 upon which the representation concluded. 2 20 If a lobbyist is retained by one or more additional 2 21 employers, clients, or causes after the lobbyist registers but 2 22 before the first day of the next legislative session, the 2 23 lobbyist shall file an amendment to the lobbyist's 2 24 registration indicating the employer, client, or cause to be 2 25 added and the date upon which the representation begins. 2 26 Amendments to a lobbyist's registration regarding changes 2 27 which occur during the time that the general assembly is in 2 28 session shall be filed within one working day after the date 2 29 upon which the change in the lobbyist's representation becomes 2 30 effective. Amendments regarding changes which occur when the 2 31 general assembly is not in session shall be filed within ten 2 32 days after the date upon which the change in the lobbyist's 2 33 representation becomes effective. 2 344.5. PUBLIC ACCESS. All information filed by a lobbyist 2 35 or a client of a lobbyist under chapter 68B of the Code is a 3 1 public record and open to public inspection at any reasonable 3 2 time. 3 35.6. CHARGE ACCOUNTS. Lobbyists and the clients they 3 4 represent shall not allow members of the house to charge any 3 5 amounts or items to a charge account to be paid for by those 3 6 lobbyists or by the clients they represent. 3 76.7. ACCESS TO HOUSE FLOOR. Lobbyists shall only be 3 8 permitted on the floor of the house pursuant to rule 20 of the 3 9 rules of the house. 3 107.8. FEE OR BONUS PROHIBITED. A fee or bonus shall not 3 11 be paid to any lobbyist with reference to any legislative 3 12 action that is conditioned wholly or in part upon the results 3 13 attained by the lobbyist. 3 148.9. OFFERS OF ECONOMIC OR INVESTMENT OPPORTUNITY. A 3 15 lobbyist, employer, or client of a lobbyist shall not offer 3 16 economic or investment opportunity or promise of employment to 3 17 any member of the house with intent to influence conduct in 3 18 the performance of official duties. 3 199.10. PERSONAL OR FINANCIAL OBLIGATION. A lobbyist 3 20 shall not do anything with the purpose of placing a member of 3 21 the house under personal or financial obligation to a lobbyist 3 22 or a lobbyist's principal or agent. 3 2310.11. ATTEMPTS TO CREATE ADDITIONAL EMPLOYMENT. A 3 24 lobbyist shall not cause or influence the introduction of any 3 25 bill or amendment for the purpose of being employed to secure 3 26 its passage or defeat. 3 2711.12. CAMPAIGN SUPPORT. A lobbyist shall not influence 3 28 or attempt to influence a member's actions by the promise of 3 29 financial support for the member's candidacy or threat of 3 30 financial support for an opposition candidate. A lobbyist 3 31 shall not make a campaign contribution to a member or to a 3 32 member's candidate's committee during the time that the 3 33 general assembly is in session. 3 3412.13. COMMUNICATION WITH MEMBER'S EMPLOYER PROHIBITED. 3 35 A lobbyist shall not communicate with a member's employer for 4 1 the purpose of influencing a vote of the member. 4 213.14. EXCESS PAYMENTS. A lobbyist shall not pay or 4 3 agree to pay to a member a price, fee, compensation, or other 4 4 consideration for the sale or lease of any property or the 4 5 furnishing of services which is substantially in excess of 4 6 that which other persons in the same business or profession 4 7 would charge in the ordinary course of business. 4 814.15. PROHIBITION AGAINST GIFTS. A lobbyist or client 4 9 of a lobbyist shall not, directly or indirectly, offer or make 4 10 a gift or series of gifts to any member or full=time permanent 4 11 employee of the house or the immediate family members of a 4 12 member or full=time permanent employee of the house except as 4 13 otherwise provided in section 68B.22 of the Code. A lobbyist 4 14 or client of a lobbyist who intends or plans to give a 4 15 nonmonetary item, other than food or drink consumed in the 4 16 presence of the donor, which does not have a readily 4 17 ascertainable value, to a member or full=time permanent 4 18 employee of the house, prior to giving or sending the item to 4 19 the member or employee, shall seek approval of the item from 4 20 the chief clerk of the house. A lobbyist or client of a 4 21 lobbyist who seeks approval of an item from the chief clerk 4 22 shall submit the item and evidence of the value of the item at 4 23 the time that approval is requested. 4 24 A lobbyist shall inform each of the lobbyist's clients of 4 25 the requirements of section 68B.22 of the Code and of the 4 26 responsibility to seek approval prior to giving or sending a 4 27 nonmonetary item which does not have a readily ascertainable 4 28 value to a member or a full=time permanent employee of the 4 29 house. 4 3015.16. FINANCIAL TRANSACTIONS. A lobbyist shall not, 4 31 directly or indirectly, make a loan to a member of the house 4 32 or to an employee of the house. 4 33 A loan prohibited under this section does not include a 4 34 loan made in the ordinary course of business of a lobbyist if 4 35 the primary business of the lobbyist is something other than 5 1 lobbying, if consideration of equal or greater value is 5 2 received by the lobbyist, and if fair market value is given or 5 3 received for the benefit conferred. 5 416.17. HONORARIA == RESTRICTIONS. A lobbyist or client 5 5 of a lobbyist shall not pay an honorarium to a member or 5 6 employee of the house for a speaking engagement or other 5 7 formal public appearance in the official capacity of the 5 8 member or employee except as otherwise provided in section 5 9 68B.23 of the Code. 5 1017.18. COMPLAINTS. The procedures for complaints and 5 11 enforcement of these rules shall be the same as those provided 5 12 in the house code of ethics. 5 1318.19. PROCEDURES AND FORMS. The chief clerk of the 5 14 house, subject to the approval of the house ethics committee, 5 15 shall prescribe procedures for compliance with these rules, 5 16 and shall prepare forms for the filing of complaints and make 5 17 them available to any person. 5 18 LSB 1532HC 83 5 19 tm/rj/14