House Concurrent Resolution 9 - Introduced HOUSE CONCURRENT RESOLUTION NO. 9 BY COMMITTEE ON ETHICS (SUCCESSOR TO HSB 96) (COMPANION TO SCR 3 BY COMMITTEE ON ETHICS) A Concurrent Resolution relating to the joint rules 1 governing lobbyists of the Senate and House of 2 Representatives for the Eighty-eighth 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-seventh Eighty-eighth 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 one thousand dollars in any one 20 calendar year to expressly advocate the nomination, 21 election, or defeat of a candidate for public office 22 or to expressly advocate the passage or defeat of 23 a ballot issue or influencing legislative action, 24 or an association, lodge, society, cooperative, 25 union, fraternity, sorority, educational institution, 26 -1- LSB 1436HV (1) 88 jh/tm 1/ 10

H.C.R. 9 civic organization, labor organization, religious 1 organization, or professional or other organization 2 which makes contributions in the aggregate of more 3 than one thousand dollars in any one calendar year 4 to expressly advocate the nomination, election, or 5 defeat of a candidate for public office or to expressly 6 advocate the passage or defeat of a ballot issue or 7 influencing legislative action. 8 Rule 2 9 REGISTRATION REQUIRED 10 1. All lobbyists shall register with the chief 11 clerk of the house and secretary of the senate on or 12 before the day their lobbying activity begins. In 13 addition, the lobbyist shall file with the chief clerk 14 of the house and secretary of the senate a statement 15 of the general subjects of legislation in which the 16 lobbyist is or may be interested, and a declaration 17 of the numbers of the bills and resolutions and the 18 bill number of study bills, if known, which will be 19 lobbied, whether the lobbyist intends to lobby for or 20 against each bill, resolution, or study bill, if known, 21 and on whose behalf the lobbyist is lobbying the bill, 22 resolution, or study bill. 23 2. A declaration on a bill, resolution, or study 24 bill shall be filed prior to the lobbyist advocating 25 for or against the bill, resolution, or study bill 26 or stating that the lobbyist’s client is undecided. 27 If such a prior declaration is impracticable, a 28 declaration shall be made within one working day 29 of the commencement of advocating for or against 30 -2- LSB 1436HV (1) 88 jh/tm 2/ 10

H.C.R. 9 the bill, resolution, or study bill or stating that 1 the lobbyist’s client is undecided. A change to a 2 declaration for a bill, resolution, or study bill shall 3 be filed within one working day of when the change 4 becomes effective. 5 3. Registration expires upon the commencement of 6 the next regular session of the general assembly, 7 except that the chief clerk of the house and secretary 8 of the senate may adopt and implement a reasonable 9 preregistration procedure in advance of each regular 10 session during which persons may register for that 11 session and the following legislative interim. 12 4. If a lobbyist’s service on behalf of a 13 particular employer, client, or cause is concluded 14 prior to the end of the calendar year, the lobbyist may 15 cancel the registration on appropriate forms supplied 16 by the chief clerk of the house and the secretary 17 of the senate. Upon cancellation of registration, a 18 lobbyist is prohibited from engaging in any lobbying 19 activity on behalf of that particular employer, client, 20 or cause until reregistering and complying with these 21 rules. A lobbyist’s registration is valid for only one 22 session of a general assembly. 23 5. If a registered lobbyist represents more than 24 one employer, client, or cause and the lobbyist’s 25 services are concluded on behalf of a particular 26 employer, client, or cause after the lobbyist registers 27 but before the first day of the next legislative 28 session, the lobbyist shall file an amendment to the 29 lobbyist’s registration indicating which employer, 30 -3- LSB 1436HV (1) 88 jh/tm 3/ 10

H.C.R. 9 client, or cause is no longer represented by the 1 lobbyist and the date upon which the representation 2 concluded. 3 6. If a lobbyist is retained by one or more 4 additional employers, clients, or causes after the 5 lobbyist registers but before the first day of the 6 next legislative session, the lobbyist shall file an 7 amendment to the lobbyist’s registration indicating the 8 employer, client, or cause to be added and the date 9 upon which the representation begins. 10 7. Amendments to a lobbyist’s registration 11 regarding changes which occur during the time that the 12 general assembly is in session shall be filed within 13 one working day after the date upon which the change in 14 the lobbyist’s representation becomes effective. 15 Rule 3 16 ELECTRONIC FILING 17 A lobbyist or client of a lobbyist required to 18 file information with the chief clerk of the house 19 or the secretary of the senate is required to make 20 such filings in an electronic format as directed by 21 the chief clerk of the house and the secretary of the 22 senate. 23 Rule 4 24 LOBBYIST’S CLIENT REPORTING 25 1. Each lobbyist’s client shall file the reports 26 required under section 68B.38 with the chief clerk of 27 the house or the secretary of the senate. 28 2. For purposes of this rule, and the report 29 required under section 68B.38, “lobbying purposes” 30 -4- LSB 1436HV (1) 88 jh/tm 4/ 10

H.C.R. 9 include but are not limited to the following: 1 a. Time spent by the lobbyist at the state capitol 2 building commencing with the first day of a legislative 3 session and ending with the day of final adjournment of 4 each legislative session as indicated by the journals 5 of the house and senate. 6 b. Time spent by the lobbyist attending meetings or 7 hearings which results in the lobbyist communicating 8 with members of the general assembly or legislative 9 employees about current or proposed legislation. 10 c. Time spent by the lobbyist researching and 11 drafting proposed legislation with the intent to submit 12 the legislation to a member of the general assembly or 13 a legislative employee. 14 d. Time spent by the lobbyist actually 15 communicating with members of the general assembly 16 and legislative employees about current or proposed 17 legislation. 18 Rule 5 19 GOVERNMENT OFFICIALS —— OPPOSITION LOBBYING 20 Federal, state, and local officials who wish to 21 lobby in opposition to their departments, commissions, 22 boards, or agencies must indicate such on their 23 lobbyist registration statements. 24 Rule 6 25 PUBLIC ACCESS 26 All information filed by a lobbyist or a client 27 of a lobbyist pursuant to chapter 68B of the Code is 28 a public record and open to public inspection at any 29 reasonable time. 30 -5- LSB 1436HV (1) 88 jh/tm 5/ 10

H.C.R. 9 Rule 7 1 CHARGE ACCOUNTS 2 Lobbyists and clients of lobbyists shall not allow 3 members to charge any amounts or items to a charge 4 account to be paid for by those lobbyists or clients of 5 lobbyists. 6 Rule 8 7 MEMBERSHIP CONTRIBUTIONS 8 A lobbyist or client of a lobbyist shall not 9 pay for membership in or contributions to clubs or 10 organizations on behalf of a member. 11 Rule 9 12 FEE OR BONUS PROHIBITED 13 A fee or bonus shall not be paid to any lobbyist 14 with reference to any legislative action that is 15 conditioned wholly or in part upon the results attained 16 by the lobbyist. 17 Rule 10 18 OFFERS OF ECONOMIC OR INVESTMENT OPPORTUNITY 19 1. A lobbyist, an employer or client of a lobbyist, 20 or a political action committee shall not offer 21 economic or investment opportunity or promise of 22 employment to any member with intent to influence 23 conduct in the performance of official duties. 24 2. A lobbyist shall not take action intended to 25 negatively affect the economic interests of a member. 26 For purposes of this rule, supporting or opposing a 27 candidate for office or supporting or opposing a bill, 28 amendment, or resolution shall not be considered to 29 be action intended to negatively affect the economic 30 -6- LSB 1436HV (1) 88 jh/tm 6/ 10

H.C.R. 9 interests of a member. 1 Rule 11 2 PERSONAL OR FINANCIAL OBLIGATION 3 A lobbyist shall not do anything with the purpose of 4 placing a member under personal or financial obligation 5 to a lobbyist or a lobbyist’s principal or agent. 6 Rule 12 7 ATTEMPTS TO CREATE ADDITIONAL EMPLOYMENT 8 A lobbyist shall not cause or influence the 9 introduction of any bill or amendment for the purpose 10 of being employed to secure its passage or defeat. 11 Rule 13 12 CAMPAIGN SUPPORT 13 A lobbyist shall not influence or attempt to 14 influence a member’s actions by the promise of 15 financial support for the member’s candidacy or threat 16 of financial support for an opposition candidate. A 17 lobbyist shall not make a campaign contribution to a 18 member or to a member’s candidate’s committee during 19 the time that the general assembly is in session. 20 Rule 14 21 COMMUNICATION WITH MEMBER’S EMPLOYER PROHIBITED 22 A lobbyist shall not communicate with a member’s 23 employer for the purpose of influencing a vote of the 24 member. 25 Rule 15 26 EXCESS PAYMENTS 27 A lobbyist shall not pay or agree to pay to a member 28 a price, fee, compensation, or other consideration for 29 the sale or lease of any property or the furnishing of 30 -7- LSB 1436HV (1) 88 jh/tm 7/ 10

H.C.R. 9 services which is substantially in excess of that which 1 other persons in the same business or profession would 2 charge in the ordinary course of business. 3 Rule 16 4 PROHIBITION AGAINST GIFTS 5 1. A lobbyist or client of a lobbyist shall not, 6 directly or indirectly, offer or make a gift or series 7 of gifts to any member or full-time permanent employee 8 of the house or senate or the immediate family members 9 of a member or full-time permanent employee of the 10 house or senate except as otherwise provided in section 11 68B.22 of the Code. A lobbyist or client of a lobbyist 12 who intends or plans to give a nonmonetary item, other 13 than food or drink consumed in the presence of the 14 donor, which does not have a readily ascertainable 15 value, to a member or full-time permanent employee of 16 the house or senate, prior to giving or sending the 17 item to the member or employee, shall seek approval 18 of the item from the chief clerk of the house or the 19 secretary of the senate, as applicable. A lobbyist or 20 client of a lobbyist who seeks approval of an item from 21 the chief clerk of the house or the secretary of the 22 senate shall submit the item and evidence of the value 23 of the item at the time that approval is requested. 24 2. A lobbyist shall inform each of the lobbyist’s 25 clients of the requirements of section 68B.22 of the 26 Code and of the responsibility to seek approval prior 27 to giving or sending a nonmonetary item which does not 28 have a readily ascertainable value to a member or a 29 full-time permanent employee of the house or senate. 30 -8- LSB 1436HV (1) 88 jh/tm 8/ 10

H.C.R. 9 Rule 17 1 FINANCIAL TRANSACTIONS 2 1. A lobbyist shall not, directly or indirectly, 3 make a loan to a member or to an employee of the house 4 or senate. 5 2. A loan prohibited under this section rule does 6 not include a loan made in the ordinary course of 7 business of a lobbyist if the primary business of 8 the lobbyist is something other than lobbying, if 9 consideration of equal or greater value is received 10 by the lobbyist, and if fair market value is given or 11 received for the benefit conferred. 12 Rule 18 13 HONORARIA —— RESTRICTIONS 14 A lobbyist or client of a lobbyist shall not pay 15 an honorarium to a member or employee of the house or 16 senate for a speaking engagement or other formal public 17 appearance in the official capacity of the member or 18 employee except as otherwise provided in section 68B.23 19 of the Code. 20 Rule 19 21 COMPLAINTS 22 The procedures for complaints and enforcement of 23 these rules shall be the same as those provided in the 24 house or senate code of ethics. 25 Rule 20 26 PROCEDURES AND FORMS 27 The chief clerk of the house and the secretary of 28 the senate, subject to the approval of the house or 29 senate ethics committee, as applicable, shall prescribe 30 -9- LSB 1436HV (1) 88 jh/tm 9/ 10

H.C.R. 9 procedures for compliance with these rules, and shall 1 prepare forms for the filing of complaints and make 2 them available to any person. 3 Rule 21 4 EFFECTIVE PERIOD 5 These rules governing lobbyists and clients of 6 lobbyists shall be in effect throughout the calendar 7 year, whether or not the general assembly is in 8 session. 9 Rule 22 10 ADDITIONAL RULES 11 The senate and the house of representatives may 12 adopt rules relating to the activities of lobbyists in 13 the senate rules and house rules that supplement these 14 joint rules. 15 -10- LSB 1436HV (1) 88 jh/tm 10/ 10