Senate Resolution 4 - Introduced SENATE RESOLUTION NO. 4 BY COMMITTEE ON ETHICS (SUCCESSOR TO SSB 1001) A Resolution relating to the Senate Rules Governing 1 Lobbyists and their interactions with the Senate 2 and members of the Senate during the Eighty-fourth 3 General Assembly. 4 BE IT RESOLVED BY THE SENATE, That the Senate Rules 5 Governing Lobbyists for the Eighty-third Eighty-fourth 6 General Assembly shall be as follows: 7 SENATE RULES GOVERNING LOBBYISTS 8 1. DEFINITIONS. As used in these rules, “client”, 9 “gift”, “honoraria” or “honorarium”, “immediate family 10 member”, and “lobbyist” have the meaning provided 11 in chapter 68B. As used in these rules, the term 12 “political action committee” means a committee, but not 13 a candidate’s committee, which accepts contributions, 14 makes expenditures, or incurs indebtedness in the 15 aggregate of more than seven hundred fifty dollars 16 in any one calendar year to expressly advocate the 17 nomination, election, or defeat of a candidate for 18 public office or to expressly advocate the passage or 19 defeat of a ballot issue or influencing legislative 20 action, or an association, lodge, society, cooperative, 21 union, fraternity, sorority, educational institution, 22 civic organization, labor organization, religious 23 organization, or professional or other organization 24 which makes contributions in the aggregate of more than 25 seven hundred fifty dollars in any one calendar year 26 to expressly advocate the nomination, election, or 27 -1- LSB 1356SV (4) 84 tm/rj 1/ 7
S.R. 4 defeat of a candidate for public office or to expressly 1 advocate the passage or defeat of a ballot issue or 2 influencing legislative action. 3 2. APPLICABILITY. These rules are only applicable 4 to lobbying activities involving the Iowa general 5 assembly. 6 3. REGISTRATION REQUIRED. All lobbyists shall, 7 on or before the day their lobbying activity begins, 8 register in the manner provided under section 68B.36 9 by filing a completed lobbyist’s registration form 10 with the person or persons designated by the chief 11 clerk of the house and the secretary of the senate to 12 receive lobbyist registration statements. Lobbyist 13 registration forms shall be available in the office 14 of the chief clerk of the house and the secretary of 15 the senate. In addition, the lobbyist shall file with 16 the secretary of the senate a statement of the general 17 subjects of legislation in which the lobbyist is or may 18 be interested, the numbers of the bills and resolutions 19 and the bill number of study bills (if known) which 20 will be lobbied, whether the lobbyist intends to lobby 21 for or against each bill, resolution, or study bill (if 22 known), and on whose behalf the lobbyist is lobbying 23 the bill, resolution, or study bill. 24 Any change in or addition to the foregoing 25 information shall be registered with the person or 26 persons designated by the chief clerk of the house 27 and the secretary of the senate to receive lobbyist 28 registration statements within ten days after the 29 change or addition is known to the lobbyist. 30 -2- LSB 1356SV (4) 84 tm/rj 2/ 7
S.R. 4 Registration expires upon the commencement of 1 the next regular session of the general assembly, 2 except that the secretary of the senate may adopt and 3 implement a reasonable preregistration procedure in 4 advance of each regular session during which persons 5 may register for that session and the following 6 legislative interim. 7 4. CANCELLATION OF REGISTRATION. If a lobbyist’s 8 service on behalf of a particular employer, client, or 9 cause is concluded prior to the end of the calendar 10 year, the lobbyist may cancel the registration on 11 appropriate forms supplied by the secretary of the 12 senate. Upon cancellation of registration, a lobbyist 13 is prohibited from engaging in any lobbying activity on 14 behalf of that particular employer, client, or cause 15 until reregistering and complying with these rules. A 16 lobbyist’s registration is valid for only one session 17 of a general assembly. 18 5. AMENDMENT OF REGISTRATION. If a registered 19 lobbyist represents more than one employer, client, 20 or cause and the lobbyist’s services are concluded 21 on behalf of a particular employer, client, or cause 22 after the lobbyist registers but before the first day 23 of the next legislative session, the lobbyist shall 24 file an amendment to the lobbyist’s registration 25 indicating which employer, client, or cause is no 26 longer represented by the lobbyist and the date upon 27 which the representation concluded. 28 If a lobbyist is retained by one or more additional 29 employers, clients, or causes after the lobbyist 30 -3- LSB 1356SV (4) 84 tm/rj 3/ 7
S.R. 4 registers but before the first day of the next 1 legislative session, the lobbyist shall file an 2 amendment to the lobbyist’s registration indicating the 3 employer, client, or cause to be added and the date 4 upon which the representation begins. 5 Amendments to a lobbyist’s registration regarding 6 changes which occur during the time that the general 7 assembly is in session shall be filed within one 8 working day after the date upon which the change in the 9 lobbyist’s representation becomes effective. 10 6. PUBLIC ACCESS. All information filed by a 11 lobbyist or a client of a lobbyist under chapter 68B 12 of the Code is a public record and open to public 13 inspection at any reasonable time. 14 7. LOBBYIST AND CLIENT REPORTING. Each lobbyist 15 registered with the senate and each lobbyist’s client 16 shall file the reports required under sections 68B.37 17 and section 68B.38 with the secretary of the senate. 18 For purposes of this rule, and the reports report 19 required under sections 68B.37 and section 68B.38, 20 “services enumerated under section 68B.2, subsection 21 13, paragraph “a”” and “lobbying purposes” include , but 22 are not limited to , the following: 23 a. Time spent by the lobbyist at the state capitol 24 building commencing with the first day of a legislative 25 session and ending with the day of final adjournment of 26 each legislative session as indicated by the journals 27 of the house and senate. 28 b. Time spent by the lobbyist attending meetings or 29 hearings which results in the lobbyist communicating 30 -4- LSB 1356SV (4) 84 tm/rj 4/ 7
S.R. 4 with members of the general assembly or legislative 1 employees about current or proposed legislation. 2 c. Time spent by the lobbyist researching and 3 drafting proposed legislation with the intent to submit 4 the legislation to a member of the general assembly or 5 a legislative employee. 6 d. Time spent by the lobbyist actually 7 communicating with members of the general assembly 8 and legislative employees about current or proposed 9 legislation. 10 7A. 8. ELECTRONIC FILING. A lobbyist or client 11 of a lobbyist required to file information with the 12 secretary of the senate pursuant to rules 3, 4, 5, 13 and 7 is encouraged required to make such filings in 14 an electronic format as directed by the secretary of 15 the senate. The committee on ethics may direct the 16 secretary of the senate to mandate electronic filing 17 requirements for lobbyists and clients of lobbyists 18 beginning for the 2010 legislative session. 19 8. 9. GOVERNMENT OFFICIALS. All federal, state, 20 and local officials or employees representing their 21 departments, commissions, boards, or agencies shall 22 present to the secretary of the senate a letter of 23 authorization from their department or agency heads 24 prior to the commencement of their lobbying. The 25 lobbyist registration statement of these officials 26 and employees shall not be deemed complete until the 27 letter of authorization is attached. Federal, state, 28 and local officials who wish to lobby in opposition to 29 their departments, commissions, boards, or agencies 30 -5- LSB 1356SV (4) 84 tm/rj 5/ 7
S.R. 4 must indicate such on their lobbyist registration 1 statements. 2 9. 10. CHARGE ACCOUNTS AND LOANS. Lobbyists and 3 the organizations they represent shall not allow any 4 senators to charge any amounts or items to any charge 5 account to be paid for by those lobbyists or by the 6 organizations they represent. A lobbyist shall not 7 make a loan to a senator unless the loan is made in the 8 ordinary course of business, the lobbyist is in the 9 business of making loans, and the terms and conditions 10 of the loan are the same or substantially similar to 11 the finance charges and loan terms that are available 12 to members of the general public. 13 10. 11. OFFERS OF ECONOMIC OPPORTUNITY. A 14 lobbyist, an employer of a lobbyist, or a political 15 action committee shall not offer economic or investment 16 opportunity or promise of employment to any senator 17 with intent to influence the senator’s conduct in the 18 performance of official duties. 19 A lobbyist shall not take action intended to 20 negatively affect the economic interests of a senator. 21 For purposes of this rule, supporting or opposing a 22 candidate for office or supporting or opposing a bill, 23 amendment, or resolution shall not be considered to 24 be action intended to negatively affect the economic 25 interests of a senator. 26 11. 12. MEMBERSHIP CONTRIBUTIONS. A lobbyist, or 27 employer of a lobbyist, shall not pay for membership in 28 or contributions to clubs or organizations on behalf 29 of a senator. 30 -6- LSB 1356SV (4) 84 tm/rj 6/ 7
S.R. 4 12. 13. ACCESS TO SENATE FLOOR. Lobbyists shall 1 not be permitted on the floor of the senate while the 2 senate is in session. Elected state officials, except 3 the governor, lieutenant governor, and the members of 4 the house of representatives, shall not be permitted on 5 the floor of the senate while the senate is in session 6 to encourage the passage, defeat, or modification of 7 legislation. 8 13. 14. EFFECTIVE PERIOD. These rules governing 9 lobbyists shall be in effect throughout the calendar 10 year, whether or not the general assembly is in 11 session. 12 14. 15. GIFTS. A lobbyist or the client of a 13 lobbyist shall not, directly or indirectly, offer or 14 make a gift or a series of gifts to a senator, except 15 as otherwise provided in section 68B.22. 16 15. 16. HONORARIA. A lobbyist or client of a 17 lobbyist shall not give an honorarium to a member or 18 employee of the senate, except as otherwise provided in 19 section 68B.23. 20 16. 17. COMPLAINTS. Rules 15 through 23 25 of 21 the senate code of ethics apply to complaints and 22 procedures regarding violations of these rules. 23 -7- LSB 1356SV (4) 84 tm/rj 7/ 7