House Resolution 12 - Introduced HOUSE RESOLUTION NO. 12 BY COMMITTEE ON ETHICS (SUCCESSOR TO HSB 13) A Resolution relating to the rules governing lobbyists 1 in the House of Representatives. 2 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, 3 That the House Rules Governing Lobbyists shall be as 4 follows: 5 HOUSE RULES GOVERNING LOBBYISTS 6 1. DEFINITIONS OF TERMS. As used in these 7 rules, “client”, “gift”, “immediate family member”, 8 “lobbyist”, and “person” have the meanings provided 9 in section 68B.2 of the Code, except that the terms 10 “lobbyist” and “client” shall only refer to persons 11 who are lobbyists or clients of lobbyists of the house 12 of representatives. Except as otherwise provided, 13 “employee of the house” means a full-time permanent 14 paid employee of the house of representatives. 15 2. REGISTRATION REQUIRED. 16 a. All lobbyists shall, on or before the day their 17 lobbying activity begins, register in the manner 18 provided under section 68B.36 of the Code. Lobbyist 19 registration forms shall be available in the office of 20 the chief clerk of the house. 21 b. In addition each registered lobbyist shall file 22 with the chief clerk of the house a statement of the 23 general subjects of legislation in which the lobbyist 24 is or may be interested, the file number of the bills 25 and resolutions and the bill number of study bills, 26 if known, which will be lobbied, whether the lobbyist 27 -1- LSB 1355HV (3) 84 tm/rj 1/ 7
H.R. 12 intends to lobby for or against each bill, resolution, 1 or study bill, if known, and on whose behalf the 2 lobbyist is lobbying the bill, resolution, or study 3 bill. A lobbyist filing a declaration for a bill, 4 resolution, or study bill may also submit a position 5 statement with the declaration explaining the position 6 of the lobbyist’s client on the bill, resolution, or 7 study bill. The chief clerk of the house shall include 8 in the electronic bill declaration system a method for 9 the submission of position statements by lobbyists. 10 Any change in or addition to the information 11 required by this rule shall be registered with the 12 chief clerk of the house within ten days from the time 13 the change or addition is known to the lobbyist. 14 c. Beginning with lobbyist registration for the 15 2012 session of the Eighty-fourth General Assembly, 16 lobbyist registration shall include an affirmation by 17 the lobbyist regarding compliance with rule 16. 18 d. A lobbyist who represents the position of a 19 state government agency, in which the person serves 20 or is employed as the designated representative for 21 purposes of encouraging the passage or defeat of 22 legislation, shall comply with rule 20 of the house 23 rules. 24 3. CANCELLATION OF REGISTRATION. If a lobbyist’s 25 service on behalf of a particular employer, client, or 26 cause is concluded after the lobbyist registers but 27 before the first day of the next legislative session, 28 the lobbyist shall cancel the registration in the 29 manner required under section 68B.36 of the Code. Upon 30 -2- LSB 1355HV (3) 84 tm/rj 2/ 7
H.R. 12 cancellation of registration, a person is prohibited 1 from engaging in any lobbying activity on behalf 2 of that particular employer, client, or cause until 3 reregistering and complying with the requirements of 4 section 68B.36 of the Code. 5 4. AMENDMENT OF REGISTRATION. If a registered 6 lobbyist represents more than one employer, client, 7 or cause and the lobbyist’s services are concluded 8 on behalf of a particular employer, client, or cause 9 after the lobbyist registers but before the first day 10 of the next legislative session, the lobbyist shall 11 file an amendment to the lobbyist’s registration 12 indicating which employer, client, or cause is no 13 longer represented by the lobbyist and the date upon 14 which the representation concluded. 15 If a lobbyist is retained by one or more additional 16 employers, clients, or causes after the lobbyist 17 registers but before the first day of the next 18 legislative session, the lobbyist shall file an 19 amendment to the lobbyist’s registration indicating the 20 employer, client, or cause to be added and the date 21 upon which the representation begins. 22 Amendments to a lobbyist’s registration regarding 23 changes which occur during the time that the general 24 assembly is in session shall be filed within one 25 working day after the date upon which the change in 26 the lobbyist’s representation becomes effective. 27 Amendments regarding changes which occur when the 28 general assembly is not in session shall be filed 29 within ten days after the date upon which the change in 30 -3- LSB 1355HV (3) 84 tm/rj 3/ 7
H.R. 12 the lobbyist’s representation becomes effective. 1 5. PUBLIC ACCESS. All information filed by a 2 lobbyist or a client of a lobbyist under chapter 68B 3 of the Code is a public record and open to public 4 inspection at any reasonable time. 5 6. CHARGE ACCOUNTS. Lobbyists and the clients 6 they represent shall not allow members of the house 7 to charge any amounts or items to a charge account to 8 be paid for by those lobbyists or by the clients they 9 represent. 10 7. ACCESS TO HOUSE FLOOR. Lobbyists shall only be 11 permitted on the floor of the house pursuant to rule 20 12 of the rules of the house rules . 13 8. FEE OR BONUS PROHIBITED. A fee or bonus shall 14 not be paid to any lobbyist with reference to any 15 legislative action that is conditioned wholly or in 16 part upon the results attained by the lobbyist. 17 9. OFFERS OF ECONOMIC OR INVESTMENT OPPORTUNITY. A 18 lobbyist, employer, or client of a lobbyist shall not 19 offer economic or investment opportunity or promise 20 of employment to any member of the house with intent 21 to influence conduct in the performance of official 22 duties. 23 10. PERSONAL OR FINANCIAL OBLIGATION. A lobbyist 24 shall not do anything with the purpose of placing 25 a member of the house under personal or financial 26 obligation to a lobbyist or a lobbyist’s principal or 27 agent. 28 11. ATTEMPTS TO CREATE ADDITIONAL EMPLOYMENT. A 29 lobbyist shall not cause or influence the introduction 30 -4- LSB 1355HV (3) 84 tm/rj 4/ 7
H.R. 12 of any bill or amendment for the purpose of being 1 employed to secure its passage or defeat. 2 12. CAMPAIGN SUPPORT. A lobbyist shall not 3 influence or attempt to influence a member’s actions 4 by the promise of financial support for the member’s 5 candidacy or threat of financial support for an 6 opposition candidate. A lobbyist shall not make a 7 campaign contribution to a member or to a member’s 8 candidate’s committee during the time that the general 9 assembly is in session. 10 13. COMMUNICATION WITH MEMBER’S EMPLOYER 11 PROHIBITED. A lobbyist shall not communicate with a 12 member’s employer for the purpose of influencing a vote 13 of the member. 14 14. EXCESS PAYMENTS. A lobbyist shall not pay or 15 agree to pay to a member a price, fee, compensation, 16 or other consideration for the sale or lease of 17 any property or the furnishing of services which is 18 substantially in excess of that which other persons in 19 the same business or profession would charge in the 20 ordinary course of business. 21 15. PROHIBITION AGAINST GIFTS. A lobbyist or 22 client of a lobbyist shall not, directly or indirectly, 23 offer or make a gift or series of gifts to any member 24 or full-time permanent employee of the house or the 25 immediate family members of a member or full-time 26 permanent employee of the house except as otherwise 27 provided in section 68B.22 of the Code. A lobbyist 28 or client of a lobbyist who intends or plans to give 29 a nonmonetary item, other than food or drink consumed 30 -5- LSB 1355HV (3) 84 tm/rj 5/ 7
H.R. 12 in the presence of the donor, which does not have a 1 readily ascertainable value, to a member or full-time 2 permanent employee of the house, prior to giving or 3 sending the item to the member or employee, shall seek 4 approval of the item from the chief clerk of the house. 5 A lobbyist or client of a lobbyist who seeks approval 6 of an item from the chief clerk shall submit the item 7 and evidence of the value of the item at the time that 8 approval is requested. 9 16. GIFT LAW REQUIREMENTS. A lobbyist shall inform 10 each of the lobbyist’s clients of the requirements of 11 section 68B.22 of the Code and of the responsibility to 12 seek approval prior to giving or sending a nonmonetary 13 item which does not have a readily ascertainable value 14 to a member or a full-time permanent employee of the 15 house. 16 16. 17. FINANCIAL TRANSACTIONS. A lobbyist shall 17 not, directly or indirectly, make a loan to a member of 18 the house or to an employee of the house. 19 A loan prohibited under this section does not 20 include a loan made in the ordinary course of business 21 of a lobbyist if the primary business of the lobbyist 22 is something other than lobbying, if consideration of 23 equal or greater value is received by the lobbyist, 24 and if fair market value is given or received for the 25 benefit conferred. 26 17. 18. HONORARIA —— RESTRICTIONS. A lobbyist 27 or client of a lobbyist shall not pay an honorarium 28 to a member or employee of the house for a speaking 29 engagement or other formal public appearance in the 30 -6- LSB 1355HV (3) 84 tm/rj 6/ 7
H.R. 12 official capacity of the member or employee except as 1 otherwise provided in section 68B.23 of the Code. 2 18. 19. COMPLAINTS. The procedures for complaints 3 and enforcement of these rules shall be the same as 4 those provided in the house code of ethics. 5 19. 20. PROCEDURES AND FORMS. The chief clerk of 6 the house, subject to the approval of the house ethics 7 committee, shall prescribe procedures for compliance 8 with these rules, and shall prepare forms for the 9 filing of complaints and make them available to any 10 person. 11 -7- LSB 1355HV (3) 84 tm/rj 7/ 7