House Study Bill 4 - Introduced HOUSE CONCURRENT RESOLUTION NO. _____ BY (PROPOSED COMMITTEE ON ETHICS RESOLUTION BY CHAIRPERSON R. TAYLOR) A Concurrent Resolution relating to the joint rules 1 governing lobbyists of the Senate and House of 2 Representatives for the Eighty-sixth General 3 Assembly. 4 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, 5 THE SENATE CONCURRING, That the joint rules governing 6 lobbyists of the Senate and House of Representatives 7 for the Eighty-fifth Eighty-sixth General Assembly 8 shall be as follows: 9 JOINT RULES GOVERNING LOBBYISTS 10 Rule 1 11 DEFINITIONS 12 As used in these rules, “client”, “gift”, 13 “honoraria” or “honorarium”, “immediate family member”, 14 and “lobbyist” have the meaning provided in chapter 15 68B of the Code. As used in these rules, the term 16 “political action committee” means a committee, but not 17 a candidate’s committee, which accepts contributions, 18 makes expenditures, or incurs indebtedness in the 19 aggregate of more than seven hundred fifty dollars 20 in any one calendar year to expressly advocate the 21 nomination, election, or defeat of a candidate for 22 public office or to expressly advocate the passage or 23 defeat of a ballot issue or influencing legislative 24 action, or an association, lodge, society, cooperative, 25 union, fraternity, sorority, educational institution, 26 civic organization, labor organization, religious 27 -1- LSB 1429HC (3) 86 tm/rj 1/ 10
H.C.R. _____ organization, or professional or other organization 1 which makes contributions in the aggregate of more than 2 seven hundred fifty dollars in any one calendar year 3 to expressly advocate the nomination, election, or 4 defeat of a candidate for public office or to expressly 5 advocate the passage or defeat of a ballot issue or 6 influencing legislative action. 7 Rule 2 8 REGISTRATION REQUIRED 9 1. All lobbyists shall register with the chief 10 clerk of the house and secretary of the senate on or 11 before the day their lobbying activity begins. In 12 addition, the lobbyist shall file with the chief clerk 13 of the house and secretary of the senate a statement 14 of the general subjects of legislation in which the 15 lobbyist is or may be interested, and a declaration 16 of the numbers of the bills and resolutions and the 17 bill number of study bills, if known, which will be 18 lobbied, whether the lobbyist intends to lobby for or 19 against each bill, resolution, or study bill, if known, 20 and on whose behalf the lobbyist is lobbying the bill, 21 resolution, or study bill. 22 2. A declaration on a bill, resolution, or study 23 bill shall be filed prior to the lobbyist advocating 24 for or against the bill, resolution, or study bill 25 or stating that the lobbyist’s client is undecided. 26 If such a prior declaration is impracticable, a 27 declaration shall be made within one working day 28 of the commencement of advocating for or against 29 the bill, resolution, or study bill or stating that 30 -2- LSB 1429HC (3) 86 tm/rj 2/ 10
H.C.R. _____ the lobbyist’s client is undecided. A change to a 1 declaration for a bill, resolution, or study bill shall 2 be filed within one working day of when the change 3 becomes effective. 4 3. Registration expires upon the commencement of 5 the next regular session of the general assembly, 6 except that the chief clerk of the house and secretary 7 of the senate may adopt and implement a reasonable 8 preregistration procedure in advance of each regular 9 session during which persons may register for that 10 session and the following legislative interim. 11 4. If a lobbyist’s service on behalf of a 12 particular employer, client, or cause is concluded 13 prior to the end of the calendar year, the lobbyist may 14 cancel the registration on appropriate forms supplied 15 by the chief clerk of the house and the secretary 16 of the senate. Upon cancellation of registration, a 17 lobbyist is prohibited from engaging in any lobbying 18 activity on behalf of that particular employer, client, 19 or cause until reregistering and complying with these 20 rules. A lobbyist’s registration is valid for only one 21 session of a general assembly. 22 5. If a registered lobbyist represents more than 23 one employer, client, or cause and the lobbyist’s 24 services are concluded on behalf of a particular 25 employer, client, or cause after the lobbyist registers 26 but before the first day of the next legislative 27 session, the lobbyist shall file an amendment to the 28 lobbyist’s registration indicating which employer, 29 client, or cause is no longer represented by the 30 -3- LSB 1429HC (3) 86 tm/rj 3/ 10
H.C.R. _____ lobbyist and the date upon which the representation 1 concluded. 2 6. If a lobbyist is retained by one or more 3 additional employers, clients, or causes after the 4 lobbyist registers but before the first day of the 5 next legislative session, the lobbyist shall file an 6 amendment to the lobbyist’s registration indicating the 7 employer, client, or cause to be added and the date 8 upon which the representation begins. 9 7. Amendments to a lobbyist’s registration 10 regarding changes which occur during the time that the 11 general assembly is in session shall be filed within 12 one working day after the date upon which the change in 13 the lobbyist’s representation becomes effective. 14 Rule 3 15 ELECTRONIC FILING 16 A lobbyist or client of a lobbyist required to 17 file information with the chief clerk of the house 18 or the secretary of the senate is required to make 19 such filings in an electronic format as directed by 20 the chief clerk of the house and the secretary of the 21 senate. 22 Rule 4 23 LOBBYIST’S CLIENT REPORTING 24 1. Each lobbyist’s client shall file the reports 25 required under section 68B.38 with the chief clerk of 26 the house or the secretary of the senate. 27 2. For purposes of this rule, and the report 28 required under section 68B.38, “lobbying purposes” 29 include but are not limited to the following: 30 -4- LSB 1429HC (3) 86 tm/rj 4/ 10
H.C.R. _____ a. Time spent by the lobbyist at the state capitol 1 building commencing with the first day of a legislative 2 session and ending with the day of final adjournment of 3 each legislative session as indicated by the journals 4 of the house and senate. 5 b. Time spent by the lobbyist attending meetings or 6 hearings which results in the lobbyist communicating 7 with members of the general assembly or legislative 8 employees about current or proposed legislation. 9 c. Time spent by the lobbyist researching and 10 drafting proposed legislation with the intent to submit 11 the legislation to a member of the general assembly or 12 a legislative employee. 13 d. Time spent by the lobbyist actually 14 communicating with members of the general assembly 15 and legislative employees about current or proposed 16 legislation. 17 Rule 5 18 GOVERNMENT OFFICIALS —— OPPOSITION LOBBYING 19 Federal, state, and local officials who wish to 20 lobby in opposition to their departments, commissions, 21 boards, or agencies must indicate such on their 22 lobbyist registration statements. 23 Rule 6 24 PUBLIC ACCESS 25 All information filed by a lobbyist or a client 26 of a lobbyist pursuant to chapter 68B of the Code is 27 a public record and open to public inspection at any 28 reasonable time. 29 Rule 7 30 -5- LSB 1429HC (3) 86 tm/rj 5/ 10
H.C.R. _____ CHARGE ACCOUNTS 1 Lobbyists and clients of lobbyists shall not allow 2 members to charge any amounts or items to a charge 3 account to be paid for by those lobbyists or clients of 4 lobbyists. 5 Rule 8 6 MEMBERSHIP CONTRIBUTIONS 7 A lobbyist or client of a lobbyist shall not 8 pay for membership in or contributions to clubs or 9 organizations on behalf of a member. 10 Rule 9 11 FEE OR BONUS PROHIBITED 12 A fee or bonus shall not be paid to any lobbyist 13 with reference to any legislative action that is 14 conditioned wholly or in part upon the results attained 15 by the lobbyist. 16 Rule 10 17 OFFERS OF ECONOMIC OR INVESTMENT OPPORTUNITY 18 1. A lobbyist, an employer or client of a lobbyist, 19 or a political action committee shall not offer 20 economic or investment opportunity or promise of 21 employment to any member with intent to influence 22 conduct in the performance of official duties. 23 2. A lobbyist shall not take action intended to 24 negatively affect the economic interests of a member. 25 For purposes of this rule, supporting or opposing a 26 candidate for office or supporting or opposing a bill, 27 amendment, or resolution shall not be considered to 28 be action intended to negatively affect the economic 29 interests of a member. 30 -6- LSB 1429HC (3) 86 tm/rj 6/ 10
H.C.R. _____ Rule 11 1 PERSONAL OR FINANCIAL OBLIGATION 2 A lobbyist shall not do anything with the purpose of 3 placing a member under personal or financial obligation 4 to a lobbyist or a lobbyist’s principal or agent. 5 Rule 12 6 ATTEMPTS TO CREATE ADDITIONAL EMPLOYMENT 7 A lobbyist shall not cause or influence the 8 introduction of any bill or amendment for the purpose 9 of being employed to secure its passage or defeat. 10 Rule 13 11 CAMPAIGN SUPPORT 12 A lobbyist shall not influence or attempt to 13 influence a member’s actions by the promise of 14 financial support for the member’s candidacy or threat 15 of financial support for an opposition candidate. A 16 lobbyist shall not make a campaign contribution to a 17 member or to a member’s candidate’s committee during 18 the time that the general assembly is in session. 19 Rule 14 20 COMMUNICATION WITH MEMBER’S EMPLOYER PROHIBITED 21 A lobbyist shall not communicate with a member’s 22 employer for the purpose of influencing a vote of the 23 member. 24 Rule 15 25 EXCESS PAYMENTS 26 A lobbyist shall not pay or agree to pay to a member 27 a price, fee, compensation, or other consideration for 28 the sale or lease of any property or the furnishing of 29 services which is substantially in excess of that which 30 -7- LSB 1429HC (3) 86 tm/rj 7/ 10
H.C.R. _____ other persons in the same business or profession would 1 charge in the ordinary course of business. 2 Rule 16 3 PROHIBITION AGAINST GIFTS 4 1. A lobbyist or client of a lobbyist shall not, 5 directly or indirectly, offer or make a gift or series 6 of gifts to any member or full-time permanent employee 7 of the house or senate or the immediate family members 8 of a member or full-time permanent employee of the 9 house or senate except as otherwise provided in section 10 68B.22 of the Code. A lobbyist or client of a lobbyist 11 who intends or plans to give a nonmonetary item, other 12 than food or drink consumed in the presence of the 13 donor, which does not have a readily ascertainable 14 value, to a member or full-time permanent employee of 15 the house or senate, prior to giving or sending the 16 item to the member or employee, shall seek approval 17 of the item from the chief clerk of the house or the 18 secretary of the senate, as applicable. A lobbyist or 19 client of a lobbyist who seeks approval of an item from 20 the chief clerk of the house or the secretary of the 21 senate shall submit the item and evidence of the value 22 of the item at the time that approval is requested. 23 2. A lobbyist shall inform each of the lobbyist’s 24 clients of the requirements of section 68B.22 of the 25 Code and of the responsibility to seek approval prior 26 to giving or sending a nonmonetary item which does not 27 have a readily ascertainable value to a member or a 28 full-time permanent employee of the house or senate. 29 Rule 17 30 -8- LSB 1429HC (3) 86 tm/rj 8/ 10
H.C.R. _____ FINANCIAL TRANSACTIONS 1 1. A lobbyist shall not, directly or indirectly, 2 make a loan to a member or to an employee of the house 3 or senate. 4 2. A loan prohibited under this section does not 5 include a loan made in the ordinary course of business 6 of a lobbyist if the primary business of the lobbyist 7 is something other than lobbying, if consideration of 8 equal or greater value is received by the lobbyist, 9 and if fair market value is given or received for the 10 benefit conferred. 11 Rule 18 12 HONORARIA —— RESTRICTIONS 13 A lobbyist or client of a lobbyist shall not pay 14 an honorarium to a member or employee of the house or 15 senate for a speaking engagement or other formal public 16 appearance in the official capacity of the member or 17 employee except as otherwise provided in section 68B.23 18 of the Code. 19 Rule 19 20 COMPLAINTS 21 The procedures for complaints and enforcement of 22 these rules shall be the same as those provided in the 23 house or senate code of ethics. 24 Rule 20 25 PROCEDURES AND FORMS 26 The chief clerk of the house and the secretary of 27 the senate, subject to the approval of the house or 28 senate ethics committee, as applicable, shall prescribe 29 procedures for compliance with these rules, and shall 30 -9- LSB 1429HC (3) 86 tm/rj 9/ 10
H.C.R. _____ prepare forms for the filing of complaints and make 1 them available to any person. 2 Rule 21 3 EFFECTIVE PERIOD 4 These rules governing lobbyists and clients of 5 lobbyists shall be in effect throughout the calendar 6 year, whether or not the general assembly is in 7 session. 8 Rule 22 9 ADDITIONAL RULES 10 The senate and the house of representatives may 11 adopt rules relating to the activities of lobbyists in 12 the senate rules and house rules that supplement these 13 joint rules. 14 -10- LSB 1429HC (3) 86 tm/rj 10/ 10