House Study Bill 13 - Introduced HOUSE RESOLUTION NO. _____ BY (PROPOSED COMMITTEE ON ETHICS RESOLUTION BY CHAIRPERSON KOESTER) 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 1355HC (6) 84 tm/rj 1/ 7

H.R. _____ 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 3. CANCELLATION OF REGISTRATION. If a lobbyist’s 19 service on behalf of a particular employer, client, or 20 cause is concluded after the lobbyist registers but 21 before the first day of the next legislative session, 22 the lobbyist shall cancel the registration in the 23 manner required under section 68B.36 of the Code. Upon 24 cancellation of registration, a person is prohibited 25 from engaging in any lobbying activity on behalf 26 of that particular employer, client, or cause until 27 reregistering and complying with the requirements of 28 section 68B.36 of the Code. 29 4. AMENDMENT OF REGISTRATION. If a registered 30 -2- LSB 1355HC (6) 84 tm/rj 2/ 7

H.R. _____ lobbyist represents more than one employer, client, 1 or cause and the lobbyist’s services are concluded 2 on behalf of a particular employer, client, or cause 3 after the lobbyist registers but before the first day 4 of the next legislative session, the lobbyist shall 5 file an amendment to the lobbyist’s registration 6 indicating which employer, client, or cause is no 7 longer represented by the lobbyist and the date upon 8 which the representation concluded. 9 If a lobbyist is retained by one or more additional 10 employers, clients, or causes after the lobbyist 11 registers but before the first day of the next 12 legislative session, the lobbyist shall file an 13 amendment to the lobbyist’s registration indicating the 14 employer, client, or cause to be added and the date 15 upon which the representation begins. 16 Amendments to a lobbyist’s registration regarding 17 changes which occur during the time that the general 18 assembly is in session shall be filed within one 19 working day after the date upon which the change in 20 the lobbyist’s representation becomes effective. 21 Amendments regarding changes which occur when the 22 general assembly is not in session shall be filed 23 within ten days after the date upon which the change in 24 the lobbyist’s representation becomes effective. 25 5. PUBLIC ACCESS. All information filed by a 26 lobbyist or a client of a lobbyist under chapter 68B 27 of the Code is a public record and open to public 28 inspection at any reasonable time. 29 6. CHARGE ACCOUNTS. Lobbyists and the clients 30 -3- LSB 1355HC (6) 84 tm/rj 3/ 7

H.R. _____ they represent shall not allow members of the house 1 to charge any amounts or items to a charge account to 2 be paid for by those lobbyists or by the clients they 3 represent. 4 7. ACCESS TO HOUSE FLOOR. Lobbyists shall only be 5 permitted on the floor of the house pursuant to rule 20 6 of the rules of the house rules . 7 8. FEE OR BONUS PROHIBITED. A fee or bonus shall 8 not be paid to any lobbyist with reference to any 9 legislative action that is conditioned wholly or in 10 part upon the results attained by the lobbyist. 11 9. OFFERS OF ECONOMIC OR INVESTMENT OPPORTUNITY. A 12 lobbyist, employer, or client of a lobbyist shall not 13 offer economic or investment opportunity or promise 14 of employment to any member of the house with intent 15 to influence conduct in the performance of official 16 duties. 17 10. PERSONAL OR FINANCIAL OBLIGATION. A lobbyist 18 shall not do anything with the purpose of placing 19 a member of the house under personal or financial 20 obligation to a lobbyist or a lobbyist’s principal or 21 agent. 22 11. ATTEMPTS TO CREATE ADDITIONAL EMPLOYMENT. A 23 lobbyist shall not cause or influence the introduction 24 of any bill or amendment for the purpose of being 25 employed to secure its passage or defeat. 26 12. CAMPAIGN SUPPORT. A lobbyist shall not 27 influence or attempt to influence a member’s actions 28 by the promise of financial support for the member’s 29 candidacy or threat of financial support for an 30 -4- LSB 1355HC (6) 84 tm/rj 4/ 7

H.R. _____ opposition candidate. A lobbyist shall not make a 1 campaign contribution to a member or to a member’s 2 candidate’s committee during the time that the general 3 assembly is in session. 4 13. COMMUNICATION WITH MEMBER’S EMPLOYER 5 PROHIBITED. A lobbyist shall not communicate with a 6 member’s employer for the purpose of influencing a vote 7 of the member. 8 14. EXCESS PAYMENTS. A lobbyist shall not pay or 9 agree to pay to a member a price, fee, compensation, 10 or other consideration for the sale or lease of 11 any property or the furnishing of services which is 12 substantially in excess of that which other persons in 13 the same business or profession would charge in the 14 ordinary course of business. 15 15. PROHIBITION AGAINST GIFTS. A lobbyist or 16 client of a lobbyist shall not, directly or indirectly, 17 offer or make a gift or series of gifts to any member 18 or full-time permanent employee of the house or the 19 immediate family members of a member or full-time 20 permanent employee of the house except as otherwise 21 provided in section 68B.22 of the Code. A lobbyist 22 or client of a lobbyist who intends or plans to give 23 a nonmonetary item, other than food or drink consumed 24 in the presence of the donor, which does not have a 25 readily ascertainable value, to a member or full-time 26 permanent employee of the house, prior to giving or 27 sending the item to the member or employee, shall seek 28 approval of the item from the chief clerk of the house. 29 A lobbyist or client of a lobbyist who seeks approval 30 -5- LSB 1355HC (6) 84 tm/rj 5/ 7

H.R. _____ of an item from the chief clerk shall submit the item 1 and evidence of the value of the item at the time that 2 approval is requested. 3 16. GIFT LAW REQUIREMENTS. A lobbyist shall inform 4 each of the lobbyist’s clients of the requirements of 5 section 68B.22 of the Code and of the responsibility to 6 seek approval prior to giving or sending a nonmonetary 7 item which does not have a readily ascertainable value 8 to a member or a full-time permanent employee of the 9 house . 10 16. 17. FINANCIAL TRANSACTIONS. A lobbyist shall 11 not, directly or indirectly, make a loan to a member of 12 the house or to an employee of the house. 13 A loan prohibited under this section does not 14 include a loan made in the ordinary course of business 15 of a lobbyist if the primary business of the lobbyist 16 is something other than lobbying, if consideration of 17 equal or greater value is received by the lobbyist, 18 and if fair market value is given or received for the 19 benefit conferred. 20 17. 18. HONORARIA —— RESTRICTIONS. A lobbyist 21 or client of a lobbyist shall not pay an honorarium 22 to a member or employee of the house for a speaking 23 engagement or other formal public appearance in the 24 official capacity of the member or employee except as 25 otherwise provided in section 68B.23 of the Code. 26 18. 19. COMPLAINTS. The procedures for complaints 27 and enforcement of these rules shall be the same as 28 those provided in the house code of ethics. 29 19. 20. PROCEDURES AND FORMS. The chief clerk of 30 -6- LSB 1355HC (6) 84 tm/rj 6/ 7

H.R. _____ the house, subject to the approval of the house ethics 1 committee, shall prescribe procedures for compliance 2 with these rules, and shall prepare forms for the 3 filing of complaints and make them available to any 4 person. 5 21. TAGS OR BADGES. During any 2011 regular 6 or extraordinary session, when engaged in lobbying 7 activities before the house, a lobbyist is encouraged 8 to wear, in a clearly visible manner, a tag or badge 9 bearing the lobbyist’s name and designating the 10 lobbyist as such. The wearing of a tag or badge 11 described in this rule shall be mandatory for all 12 subsequent legislative sessions. 13 -7- LSB 1355HC (6) 84 tm/rj 7/ 7