Senate Concurrent Resolution 3 - Introduced SENATE CONCURRENT RESOLUTION NO. 3 BY COMMITTEE ON ETHICS (SUCCESSOR TO SSB 1061) A Concurrent Resolution relating to the joint rules 1 governing lobbyists of the Senate and House of 2 Representatives for the Eighty-fifth General 3 Assembly. 4 BE IT RESOLVED BY THE SENATE, THE HOUSE OF 5 REPRESENTATIVES CONCURRING, That Senate Resolution 6 4 and House Resolution 12 are superseded by this 7 resolution and that the joint rules governing lobbyists 8 of the Senate and House of Representatives for the 9 Eighty-fourth Eighty-fifth General Assembly shall be 10 as follows: 11 JOINT RULES GOVERNING LOBBYISTS 12 Rule 1 13 DEFINITIONS 14 As used in these rules, “client”, “gift”, 15 “honoraria” or “honorarium”, “immediate family member”, 16 and “lobbyist” have the meaning provided in chapter 17 68B of the Code. As used in these rules, the term 18 “political action committee” means a committee, but not 19 a candidate’s committee, which accepts contributions, 20 makes expenditures, or incurs indebtedness in the 21 aggregate of more than seven hundred fifty dollars 22 in any one calendar year to expressly advocate the 23 nomination, election, or defeat of a candidate for 24 public office or to expressly advocate the passage or 25 defeat of a ballot issue or influencing legislative 26 action, or an association, lodge, society, cooperative, 27 -1- LSB 1563SV (1) 85 tm/rj 1/ 10

S.C.R. 3 union, fraternity, sorority, educational institution, 1 civic organization, labor organization, religious 2 organization, or professional or other organization 3 which makes contributions in the aggregate of more than 4 seven hundred fifty dollars in any one calendar year 5 to expressly advocate the nomination, election, or 6 defeat of a candidate for public office or to expressly 7 advocate the passage or defeat of a ballot issue or 8 influencing legislative action. 9 Rule 2 10 REGISTRATION REQUIRED 11 1. All lobbyists shall register with the chief 12 clerk of the house and secretary of the senate on or 13 before the day their lobbying activity begins. In 14 addition, the lobbyist shall file with the chief clerk 15 of the house and secretary of the senate a statement 16 of the general subjects of legislation in which the 17 lobbyist is or may be interested, and a declaration 18 of the numbers of the bills and resolutions and the 19 bill number of study bills, if known, which will be 20 lobbied, whether the lobbyist intends to lobby for or 21 against each bill, resolution, or study bill, if known, 22 and on whose behalf the lobbyist is lobbying the bill, 23 resolution, or study bill. 24 2. A declaration on a bill, resolution, or study 25 bill shall be filed prior to the lobbyist advocating 26 for or against the bill, resolution, or study bill 27 or stating that the lobbyist’s client is undecided. 28 If such a prior declaration is impracticable, a 29 declaration shall be made within one working day 30 -2- LSB 1563SV (1) 85 tm/rj 2/ 10

S.C.R. 3 of the commencement of advocating for or against 1 the bill, resolution, or study bill or stating that 2 the lobbyist’s client is undecided. A change to a 3 declaration for a bill, resolution, or study bill shall 4 be filed within one working day of when the change 5 becomes effective. 6 3. Registration expires upon the commencement of 7 the next regular session of the general assembly, 8 except that the chief clerk of the house and secretary 9 of the senate may adopt and implement a reasonable 10 preregistration procedure in advance of each regular 11 session during which persons may register for that 12 session and the following legislative interim. 13 4. If a lobbyist’s service on behalf of a 14 particular employer, client, or cause is concluded 15 prior to the end of the calendar year, the lobbyist may 16 cancel the registration on appropriate forms supplied 17 by the chief clerk of the house and the secretary 18 of the senate. Upon cancellation of registration, a 19 lobbyist is prohibited from engaging in any lobbying 20 activity on behalf of that particular employer, client, 21 or cause until reregistering and complying with these 22 rules. A lobbyist’s registration is valid for only one 23 session of a general assembly. 24 5. If a registered lobbyist represents more than 25 one employer, client, or cause and the lobbyist’s 26 services are concluded on behalf of a particular 27 employer, client, or cause after the lobbyist registers 28 but before the first day of the next legislative 29 session, the lobbyist shall file an amendment to the 30 -3- LSB 1563SV (1) 85 tm/rj 3/ 10

S.C.R. 3 lobbyist’s registration indicating which employer, 1 client, or cause is no longer represented by the 2 lobbyist and the date upon which the representation 3 concluded. 4 6. If a lobbyist is retained by one or more 5 additional employers, clients, or causes after the 6 lobbyist registers but before the first day of the 7 next legislative session, the lobbyist shall file an 8 amendment to the lobbyist’s registration indicating the 9 employer, client, or cause to be added and the date 10 upon which the representation begins. 11 7. Amendments to a lobbyist’s registration 12 regarding changes which occur during the time that the 13 general assembly is in session shall be filed within 14 one working day after the date upon which the change in 15 the lobbyist’s representation becomes effective. 16 Rule 3 17 ELECTRONIC FILING 18 A lobbyist or client of a lobbyist required to 19 file information with the chief clerk of the house 20 or the secretary of the senate is required to make 21 such filings in an electronic format as directed by 22 the chief clerk of the house and the secretary of the 23 senate. 24 Rule 4 25 LOBBYIST’S CLIENT REPORTING 26 1. Each lobbyist’s client shall file the reports 27 required under section 68B.38 with the chief clerk of 28 the house or the secretary of the senate. 29 2. For purposes of this rule, and the report 30 -4- LSB 1563SV (1) 85 tm/rj 4/ 10

S.C.R. 3 required under section 68B.38, “lobbying purposes” 1 include but are not limited to the following: 2 a. Time spent by the lobbyist at the state capitol 3 building commencing with the first day of a legislative 4 session and ending with the day of final adjournment of 5 each legislative session as indicated by the journals 6 of the house and senate. 7 b. Time spent by the lobbyist attending meetings or 8 hearings which results in the lobbyist communicating 9 with members of the general assembly or legislative 10 employees about current or proposed legislation. 11 c. Time spent by the lobbyist researching and 12 drafting proposed legislation with the intent to submit 13 the legislation to a member of the general assembly or 14 a legislative employee. 15 d. Time spent by the lobbyist actually 16 communicating with members of the general assembly 17 and legislative employees about current or proposed 18 legislation. 19 Rule 5 20 GOVERNMENT OFFICIALS —— OPPOSITION LOBBYING 21 Federal, state, and local officials who wish to 22 lobby in opposition to their departments, commissions, 23 boards, or agencies must indicate such on their 24 lobbyist registration statements. 25 Rule 6 26 PUBLIC ACCESS 27 All information filed by a lobbyist or a client 28 of a lobbyist pursuant to chapter 68B of the Code is 29 a public record and open to public inspection at any 30 -5- LSB 1563SV (1) 85 tm/rj 5/ 10

S.C.R. 3 reasonable time. 1 Rule 7 2 CHARGE ACCOUNTS 3 Lobbyists and clients of lobbyists shall not allow 4 members to charge any amounts or items to a charge 5 account to be paid for by those lobbyists or clients of 6 lobbyists. 7 Rule 8 8 MEMBERSHIP CONTRIBUTIONS 9 A lobbyist or client of a lobbyist shall not 10 pay for membership in or contributions to clubs or 11 organizations on behalf of a member. 12 Rule 9 13 FEE OR BONUS PROHIBITED 14 A fee or bonus shall not be paid to any lobbyist 15 with reference to any legislative action that is 16 conditioned wholly or in part upon the results attained 17 by the lobbyist. 18 Rule 10 19 OFFERS OF ECONOMIC OR INVESTMENT OPPORTUNITY 20 1. A lobbyist, an employer or client of a lobbyist, 21 or a political action committee shall not offer 22 economic or investment opportunity or promise of 23 employment to any member with intent to influence 24 conduct in the performance of official duties. 25 2. A lobbyist shall not take action intended to 26 negatively affect the economic interests of a member. 27 For purposes of this rule, supporting or opposing a 28 candidate for office or supporting or opposing a bill, 29 amendment, or resolution shall not be considered to 30 -6- LSB 1563SV (1) 85 tm/rj 6/ 10

S.C.R. 3 be action intended to negatively affect the economic 1 interests of a member. 2 Rule 11 3 PERSONAL OR FINANCIAL OBLIGATION 4 A lobbyist shall not do anything with the purpose of 5 placing a member under personal or financial obligation 6 to a lobbyist or a lobbyist’s principal or agent. 7 Rule 12 8 ATTEMPTS TO CREATE ADDITIONAL EMPLOYMENT 9 A lobbyist shall not cause or influence the 10 introduction of any bill or amendment for the purpose 11 of being employed to secure its passage or defeat. 12 Rule 13 13 CAMPAIGN SUPPORT 14 A lobbyist shall not influence or attempt to 15 influence a member’s actions by the promise of 16 financial support for the member’s candidacy or threat 17 of financial support for an opposition candidate. A 18 lobbyist shall not make a campaign contribution to a 19 member or to a member’s candidate’s committee during 20 the time that the general assembly is in session. 21 Rule 14 22 COMMUNICATION WITH MEMBER’S EMPLOYER PROHIBITED 23 A lobbyist shall not communicate with a member’s 24 employer for the purpose of influencing a vote of the 25 member. 26 Rule 15 27 EXCESS PAYMENTS 28 A lobbyist shall not pay or agree to pay to a member 29 a price, fee, compensation, or other consideration for 30 -7- LSB 1563SV (1) 85 tm/rj 7/ 10

S.C.R. 3 the sale or lease of any property or the furnishing of 1 services which is substantially in excess of that which 2 other persons in the same business or profession would 3 charge in the ordinary course of business. 4 Rule 16 5 PROHIBITION AGAINST GIFTS 6 1. A lobbyist or client of a lobbyist shall not, 7 directly or indirectly, offer or make a gift or series 8 of gifts to any member or full-time permanent employee 9 of the house or senate or the immediate family members 10 of a member or full-time permanent employee of the 11 house or senate except as otherwise provided in section 12 68B.22 of the Code. A lobbyist or client of a lobbyist 13 who intends or plans to give a nonmonetary item, other 14 than food or drink consumed in the presence of the 15 donor, which does not have a readily ascertainable 16 value, to a member or full-time permanent employee of 17 the house or senate, prior to giving or sending the 18 item to the member or employee, shall seek approval 19 of the item from the chief clerk of the house or the 20 secretary of the senate, as applicable. A lobbyist or 21 client of a lobbyist who seeks approval of an item from 22 the chief clerk of the house or the secretary of the 23 senate shall submit the item and evidence of the value 24 of the item at the time that approval is requested. 25 2. A lobbyist shall inform each of the lobbyist’s 26 clients of the requirements of section 68B.22 of the 27 Code and of the responsibility to seek approval prior 28 to giving or sending a nonmonetary item which does not 29 have a readily ascertainable value to a member or a 30 -8- LSB 1563SV (1) 85 tm/rj 8/ 10

S.C.R. 3 full-time permanent employee of the house or senate. 1 Rule 17 2 FINANCIAL TRANSACTIONS 3 1. A lobbyist shall not, directly or indirectly, 4 make a loan to a member or to an employee of the house 5 or senate. 6 2. A loan prohibited under this section does not 7 include a loan made in the ordinary course of business 8 of a lobbyist if the primary business of the lobbyist 9 is something other than lobbying, if consideration of 10 equal or greater value is received by the lobbyist, 11 and if fair market value is given or received for the 12 benefit conferred. 13 Rule 18 14 HONORARIA —— RESTRICTIONS 15 A lobbyist or client of a lobbyist shall not pay 16 an honorarium to a member or employee of the house or 17 senate for a speaking engagement or other formal public 18 appearance in the official capacity of the member or 19 employee except as otherwise provided in section 68B.23 20 of the Code. 21 Rule 19 22 COMPLAINTS 23 The procedures for complaints and enforcement of 24 these rules shall be the same as those provided in the 25 house or senate code of ethics. 26 Rule 20 27 PROCEDURES AND FORMS 28 The chief clerk of the house and the secretary of 29 the senate, subject to the approval of the house or 30 -9- LSB 1563SV (1) 85 tm/rj 9/ 10

S.C.R. 3 senate ethics committee, as applicable, shall prescribe 1 procedures for compliance with these rules, and shall 2 prepare forms for the filing of complaints and make 3 them available to any person. 4 Rule 21 5 EFFECTIVE PERIOD 6 These rules governing lobbyists and clients of 7 lobbyists shall be in effect throughout the calendar 8 year, whether or not the general assembly is in 9 session. 10 Rule 22 11 ADDITIONAL RULES 12 The senate and the house of representatives may 13 adopt rules relating to the activities of lobbyists in 14 the senate rules and house rules that supplement these 15 joint rules. 16 -10- LSB 1563SV (1) 85 tm/rj 10/ 10