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House Concurrent Resolution 9 - Introduced
A Concurrent Resolution 1relating to the joint rules
2governing lobbyists of the Senate and House of
3Representatives for the Eighty-eighth General
4Assembly.
5BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES,
6THE SENATE CONCURRING, That the joint rules governing
7lobbyists of the Senate and House of Representatives
8for the Eighty-seventh Eighty-eighth General Assembly
9shall be as follows:
10JOINT RULES GOVERNING LOBBYISTS
11Rule 1
12DEFINITIONS
13As used in these rules, “client”, “gift”,
14“honoraria” or “honorarium”, “immediate family member”,
15and “lobbyist” have the meaning provided in chapter
1668B of the Code. As used in these rules, the term
17“political action committee” means a committee, but not
18a candidate’s committee, which accepts contributions,
19makes expenditures, or incurs indebtedness in the
20aggregate of more than one thousand dollars in any one
21calendar year to expressly advocate the nomination,
22election, or defeat of a candidate for public office
23or to expressly advocate the passage or defeat of
24a ballot issue or influencing legislative action,
25or an association, lodge, society, cooperative,
26union, fraternity, sorority, educational institution,
-1-1civic organization, labor organization, religious
2organization, or professional or other organization
3which makes contributions in the aggregate of more
4than one thousand dollars in any one calendar year
5to expressly advocate the nomination, election, or
6defeat of a candidate for public office or to expressly
7advocate the passage or defeat of a ballot issue or
8influencing legislative action.
9Rule 2
10REGISTRATION REQUIRED
111. All lobbyists shall register with the chief
12clerk of the house and secretary of the senate on or
13before the day their lobbying activity begins. In
14addition, the lobbyist shall file with the chief clerk
15of the house and secretary of the senate a statement
16of the general subjects of legislation in which the
17lobbyist is or may be interested, and a declaration
18of the numbers of the bills and resolutions and the
19bill number of study bills, if known, which will be
20lobbied, whether the lobbyist intends to lobby for or
21against each bill, resolution, or study bill, if known,
22and on whose behalf the lobbyist is lobbying the bill,
23resolution, or study bill.
242. A declaration on a bill, resolution, or study
25bill shall be filed prior to the lobbyist advocating
26for or against the bill, resolution, or study bill
27or stating that the lobbyist’s client is undecided.
28If such a prior declaration is impracticable, a
29declaration shall be made within one working day
30of the commencement of advocating for or against
-2-1the bill, resolution, or study bill or stating that
2the lobbyist’s client is undecided. A change to a
3declaration for a bill, resolution, or study bill shall
4be filed within one working day of when the change
5becomes effective.
63. Registration expires upon the commencement of
7the next regular session of the general assembly,
8except that the chief clerk of the house and secretary
9of the senate may adopt and implement a reasonable
10preregistration procedure in advance of each regular
11session during which persons may register for that
12session and the following legislative interim.
134. If a lobbyist’s service on behalf of a
14particular employer, client, or cause is concluded
15prior to the end of the calendar year, the lobbyist may
16cancel the registration on appropriate forms supplied
17by the chief clerk of the house and the secretary
18of the senate. Upon cancellation of registration, a
19lobbyist is prohibited from engaging in any lobbying
20activity on behalf of that particular employer, client,
21or cause until reregistering and complying with these
22rules. A lobbyist’s registration is valid for only one
23session of a general assembly.
245. If a registered lobbyist represents more than
25one employer, client, or cause and the lobbyist’s
26services are concluded on behalf of a particular
27employer, client, or cause after the lobbyist registers
28but before the first day of the next legislative
29session, the lobbyist shall file an amendment to the
30lobbyist’s registration indicating which employer,
-3-1client, or cause is no longer represented by the
2lobbyist and the date upon which the representation
3concluded.
46. If a lobbyist is retained by one or more
5additional employers, clients, or causes after the
6lobbyist registers but before the first day of the
7next legislative session, the lobbyist shall file an
8amendment to the lobbyist’s registration indicating the
9employer, client, or cause to be added and the date
10upon which the representation begins.
117. Amendments to a lobbyist’s registration
12regarding changes which occur during the time that the
13general assembly is in session shall be filed within
14one working day after the date upon which the change in
15the lobbyist’s representation becomes effective.
16Rule 3
17ELECTRONIC FILING
18A lobbyist or client of a lobbyist required to
19file information with the chief clerk of the house
20or the secretary of the senate is required to make
21such filings in an electronic format as directed by
22the chief clerk of the house and the secretary of the
23senate.
24Rule 4
25LOBBYIST’S CLIENT REPORTING
261. Each lobbyist’s client shall file the reports
27required under section 68B.38 with the chief clerk of
28the house or the secretary of the senate.
292. For purposes of this rule, and the report
30required under section 68B.38, “lobbying purposes”
-4-1include but are not limited to the following:
2a. Time spent by the lobbyist at the state capitol
3building commencing with the first day of a legislative
4session and ending with the day of final adjournment of
5each legislative session as indicated by the journals
6of the house and senate.
7b. Time spent by the lobbyist attending meetings or
8hearings which results in the lobbyist communicating
9with members of the general assembly or legislative
10employees about current or proposed legislation.
11c. Time spent by the lobbyist researching and
12drafting proposed legislation with the intent to submit
13the legislation to a member of the general assembly or
14a legislative employee.
15d. Time spent by the lobbyist actually
16communicating with members of the general assembly
17and legislative employees about current or proposed
18legislation.
19Rule 5
20GOVERNMENT OFFICIALS — OPPOSITION LOBBYING
21Federal, state, and local officials who wish to
22lobby in opposition to their departments, commissions,
23boards, or agencies must indicate such on their
24lobbyist registration statements.
25Rule 6
26PUBLIC ACCESS
27All information filed by a lobbyist or a client
28of a lobbyist pursuant to chapter 68B of the Code is
29a public record and open to public inspection at any
30reasonable time.
-5-1Rule 7
2CHARGE ACCOUNTS
3Lobbyists and clients of lobbyists shall not allow
4members to charge any amounts or items to a charge
5account to be paid for by those lobbyists or clients of
6lobbyists.
7Rule 8
8MEMBERSHIP CONTRIBUTIONS
9A lobbyist or client of a lobbyist shall not
10pay for membership in or contributions to clubs or
11organizations on behalf of a member.
12Rule 9
13FEE OR BONUS PROHIBITED
14A fee or bonus shall not be paid to any lobbyist
15with reference to any legislative action that is
16conditioned wholly or in part upon the results attained
17by the lobbyist.
18Rule 10
19OFFERS OF ECONOMIC OR INVESTMENT OPPORTUNITY
201. A lobbyist, an employer or client of a lobbyist,
21or a political action committee shall not offer
22economic or investment opportunity or promise of
23employment to any member with intent to influence
24conduct in the performance of official duties.
252. A lobbyist shall not take action intended to
26negatively affect the economic interests of a member.
27For purposes of this rule, supporting or opposing a
28candidate for office or supporting or opposing a bill,
29amendment, or resolution shall not be considered to
30be action intended to negatively affect the economic
-6-1interests of a member.
2Rule 11
3PERSONAL OR FINANCIAL OBLIGATION
4A lobbyist shall not do anything with the purpose of
5placing a member under personal or financial obligation
6to a lobbyist or a lobbyist’s principal or agent.
7Rule 12
8ATTEMPTS TO CREATE ADDITIONAL EMPLOYMENT
9A lobbyist shall not cause or influence the
10introduction of any bill or amendment for the purpose
11of being employed to secure its passage or defeat.
12Rule 13
13CAMPAIGN SUPPORT
14A lobbyist shall not influence or attempt to
15influence a member’s actions by the promise of
16financial support for the member’s candidacy or threat
17of financial support for an opposition candidate. A
18lobbyist shall not make a campaign contribution to a
19member or to a member’s candidate’s committee during
20the time that the general assembly is in session.
21Rule 14
22COMMUNICATION WITH MEMBER’S EMPLOYER PROHIBITED
23A lobbyist shall not communicate with a member’s
24employer for the purpose of influencing a vote of the
25member.
26Rule 15
27EXCESS PAYMENTS
28A lobbyist shall not pay or agree to pay to a member
29a price, fee, compensation, or other consideration for
30the sale or lease of any property or the furnishing of
-7-1services which is substantially in excess of that which
2other persons in the same business or profession would
3charge in the ordinary course of business.
4Rule 16
5PROHIBITION AGAINST GIFTS
61. A lobbyist or client of a lobbyist shall not,
7directly or indirectly, offer or make a gift or series
8of gifts to any member or full-time permanent employee
9of the house or senate or the immediate family members
10of a member or full-time permanent employee of the
11house or senate except as otherwise provided in section
1268B.22 of the Code. A lobbyist or client of a lobbyist
13who intends or plans to give a nonmonetary item, other
14than food or drink consumed in the presence of the
15donor, which does not have a readily ascertainable
16value, to a member or full-time permanent employee of
17the house or senate, prior to giving or sending the
18item to the member or employee, shall seek approval
19of the item from the chief clerk of the house or the
20secretary of the senate, as applicable. A lobbyist or
21client of a lobbyist who seeks approval of an item from
22the chief clerk of the house or the secretary of the
23senate shall submit the item and evidence of the value
24of the item at the time that approval is requested.
252. A lobbyist shall inform each of the lobbyist’s
26clients of the requirements of section 68B.22 of the
27Code and of the responsibility to seek approval prior
28to giving or sending a nonmonetary item which does not
29have a readily ascertainable value to a member or a
30full-time permanent employee of the house or senate.
-8-1Rule 17
2FINANCIAL TRANSACTIONS
31. A lobbyist shall not, directly or indirectly,
4make a loan to a member or to an employee of the house
5or senate.
62. A loan prohibited under this section rule does
7not include a loan made in the ordinary course of
8business of a lobbyist if the primary business of
9the lobbyist is something other than lobbying, if
10consideration of equal or greater value is received
11by the lobbyist, and if fair market value is given or
12received for the benefit conferred.
13Rule 18
14HONORARIA — RESTRICTIONS
15A lobbyist or client of a lobbyist shall not pay
16an honorarium to a member or employee of the house or
17senate for a speaking engagement or other formal public
18appearance in the official capacity of the member or
19employee except as otherwise provided in section 68B.23
20of the Code.
21Rule 19
22COMPLAINTS
23The procedures for complaints and enforcement of
24these rules shall be the same as those provided in the
25house or senate code of ethics.
26Rule 20
27PROCEDURES AND FORMS
28The chief clerk of the house and the secretary of
29the senate, subject to the approval of the house or
30senate ethics committee, as applicable, shall prescribe
-9-1procedures for compliance with these rules, and shall
2prepare forms for the filing of complaints and make
3them available to any person.
4Rule 21
5EFFECTIVE PERIOD
6These rules governing lobbyists and clients of
7lobbyists shall be in effect throughout the calendar
8year, whether or not the general assembly is in
9session.
10Rule 22
11ADDITIONAL RULES
12The senate and the house of representatives may
13adopt rules relating to the activities of lobbyists in
14the senate rules and house rules that supplement these
15joint rules.
-10-jh/tm
A Concurrent Resolution 1relating to the joint rules
2governing lobbyists of the Senate and House of
3Representatives for the Eighty-eighth General
4Assembly.
5BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES,
6THE SENATE CONCURRING, That the joint rules governing
7lobbyists of the Senate and House of Representatives
8for the Eighty-seventh Eighty-eighth General Assembly
9shall be as follows:
10JOINT RULES GOVERNING LOBBYISTS
11Rule 1
12DEFINITIONS
13As used in these rules, “client”, “gift”,
14“honoraria” or “honorarium”, “immediate family member”,
15and “lobbyist” have the meaning provided in chapter
1668B of the Code. As used in these rules, the term
17“political action committee” means a committee, but not
18a candidate’s committee, which accepts contributions,
19makes expenditures, or incurs indebtedness in the
20aggregate of more than one thousand dollars in any one
21calendar year to expressly advocate the nomination,
22election, or defeat of a candidate for public office
23or to expressly advocate the passage or defeat of
24a ballot issue or influencing legislative action,
25or an association, lodge, society, cooperative,
26union, fraternity, sorority, educational institution,
-1-1civic organization, labor organization, religious
2organization, or professional or other organization
3which makes contributions in the aggregate of more
4than one thousand dollars in any one calendar year
5to expressly advocate the nomination, election, or
6defeat of a candidate for public office or to expressly
7advocate the passage or defeat of a ballot issue or
8influencing legislative action.
9Rule 2
10REGISTRATION REQUIRED
111. All lobbyists shall register with the chief
12clerk of the house and secretary of the senate on or
13before the day their lobbying activity begins. In
14addition, the lobbyist shall file with the chief clerk
15of the house and secretary of the senate a statement
16of the general subjects of legislation in which the
17lobbyist is or may be interested, and a declaration
18of the numbers of the bills and resolutions and the
19bill number of study bills, if known, which will be
20lobbied, whether the lobbyist intends to lobby for or
21against each bill, resolution, or study bill, if known,
22and on whose behalf the lobbyist is lobbying the bill,
23resolution, or study bill.
242. A declaration on a bill, resolution, or study
25bill shall be filed prior to the lobbyist advocating
26for or against the bill, resolution, or study bill
27or stating that the lobbyist’s client is undecided.
28If such a prior declaration is impracticable, a
29declaration shall be made within one working day
30of the commencement of advocating for or against
-2-1the bill, resolution, or study bill or stating that
2the lobbyist’s client is undecided. A change to a
3declaration for a bill, resolution, or study bill shall
4be filed within one working day of when the change
5becomes effective.
63. Registration expires upon the commencement of
7the next regular session of the general assembly,
8except that the chief clerk of the house and secretary
9of the senate may adopt and implement a reasonable
10preregistration procedure in advance of each regular
11session during which persons may register for that
12session and the following legislative interim.
134. If a lobbyist’s service on behalf of a
14particular employer, client, or cause is concluded
15prior to the end of the calendar year, the lobbyist may
16cancel the registration on appropriate forms supplied
17by the chief clerk of the house and the secretary
18of the senate. Upon cancellation of registration, a
19lobbyist is prohibited from engaging in any lobbying
20activity on behalf of that particular employer, client,
21or cause until reregistering and complying with these
22rules. A lobbyist’s registration is valid for only one
23session of a general assembly.
245. If a registered lobbyist represents more than
25one employer, client, or cause and the lobbyist’s
26services are concluded on behalf of a particular
27employer, client, or cause after the lobbyist registers
28but before the first day of the next legislative
29session, the lobbyist shall file an amendment to the
30lobbyist’s registration indicating which employer,
-3-1client, or cause is no longer represented by the
2lobbyist and the date upon which the representation
3concluded.
46. If a lobbyist is retained by one or more
5additional employers, clients, or causes after the
6lobbyist registers but before the first day of the
7next legislative session, the lobbyist shall file an
8amendment to the lobbyist’s registration indicating the
9employer, client, or cause to be added and the date
10upon which the representation begins.
117. Amendments to a lobbyist’s registration
12regarding changes which occur during the time that the
13general assembly is in session shall be filed within
14one working day after the date upon which the change in
15the lobbyist’s representation becomes effective.
16Rule 3
17ELECTRONIC FILING
18A lobbyist or client of a lobbyist required to
19file information with the chief clerk of the house
20or the secretary of the senate is required to make
21such filings in an electronic format as directed by
22the chief clerk of the house and the secretary of the
23senate.
24Rule 4
25LOBBYIST’S CLIENT REPORTING
261. Each lobbyist’s client shall file the reports
27required under section 68B.38 with the chief clerk of
28the house or the secretary of the senate.
292. For purposes of this rule, and the report
30required under section 68B.38, “lobbying purposes”
-4-1include but are not limited to the following:
2a. Time spent by the lobbyist at the state capitol
3building commencing with the first day of a legislative
4session and ending with the day of final adjournment of
5each legislative session as indicated by the journals
6of the house and senate.
7b. Time spent by the lobbyist attending meetings or
8hearings which results in the lobbyist communicating
9with members of the general assembly or legislative
10employees about current or proposed legislation.
11c. Time spent by the lobbyist researching and
12drafting proposed legislation with the intent to submit
13the legislation to a member of the general assembly or
14a legislative employee.
15d. Time spent by the lobbyist actually
16communicating with members of the general assembly
17and legislative employees about current or proposed
18legislation.
19Rule 5
20GOVERNMENT OFFICIALS — OPPOSITION LOBBYING
21Federal, state, and local officials who wish to
22lobby in opposition to their departments, commissions,
23boards, or agencies must indicate such on their
24lobbyist registration statements.
25Rule 6
26PUBLIC ACCESS
27All information filed by a lobbyist or a client
28of a lobbyist pursuant to chapter 68B of the Code is
29a public record and open to public inspection at any
30reasonable time.
-5-1Rule 7
2CHARGE ACCOUNTS
3Lobbyists and clients of lobbyists shall not allow
4members to charge any amounts or items to a charge
5account to be paid for by those lobbyists or clients of
6lobbyists.
7Rule 8
8MEMBERSHIP CONTRIBUTIONS
9A lobbyist or client of a lobbyist shall not
10pay for membership in or contributions to clubs or
11organizations on behalf of a member.
12Rule 9
13FEE OR BONUS PROHIBITED
14A fee or bonus shall not be paid to any lobbyist
15with reference to any legislative action that is
16conditioned wholly or in part upon the results attained
17by the lobbyist.
18Rule 10
19OFFERS OF ECONOMIC OR INVESTMENT OPPORTUNITY
201. A lobbyist, an employer or client of a lobbyist,
21or a political action committee shall not offer
22economic or investment opportunity or promise of
23employment to any member with intent to influence
24conduct in the performance of official duties.
252. A lobbyist shall not take action intended to
26negatively affect the economic interests of a member.
27For purposes of this rule, supporting or opposing a
28candidate for office or supporting or opposing a bill,
29amendment, or resolution shall not be considered to
30be action intended to negatively affect the economic
-6-1interests of a member.
2Rule 11
3PERSONAL OR FINANCIAL OBLIGATION
4A lobbyist shall not do anything with the purpose of
5placing a member under personal or financial obligation
6to a lobbyist or a lobbyist’s principal or agent.
7Rule 12
8ATTEMPTS TO CREATE ADDITIONAL EMPLOYMENT
9A lobbyist shall not cause or influence the
10introduction of any bill or amendment for the purpose
11of being employed to secure its passage or defeat.
12Rule 13
13CAMPAIGN SUPPORT
14A lobbyist shall not influence or attempt to
15influence a member’s actions by the promise of
16financial support for the member’s candidacy or threat
17of financial support for an opposition candidate. A
18lobbyist shall not make a campaign contribution to a
19member or to a member’s candidate’s committee during
20the time that the general assembly is in session.
21Rule 14
22COMMUNICATION WITH MEMBER’S EMPLOYER PROHIBITED
23A lobbyist shall not communicate with a member’s
24employer for the purpose of influencing a vote of the
25member.
26Rule 15
27EXCESS PAYMENTS
28A lobbyist shall not pay or agree to pay to a member
29a price, fee, compensation, or other consideration for
30the sale or lease of any property or the furnishing of
-7-1services which is substantially in excess of that which
2other persons in the same business or profession would
3charge in the ordinary course of business.
4Rule 16
5PROHIBITION AGAINST GIFTS
61. A lobbyist or client of a lobbyist shall not,
7directly or indirectly, offer or make a gift or series
8of gifts to any member or full-time permanent employee
9of the house or senate or the immediate family members
10of a member or full-time permanent employee of the
11house or senate except as otherwise provided in section
1268B.22 of the Code. A lobbyist or client of a lobbyist
13who intends or plans to give a nonmonetary item, other
14than food or drink consumed in the presence of the
15donor, which does not have a readily ascertainable
16value, to a member or full-time permanent employee of
17the house or senate, prior to giving or sending the
18item to the member or employee, shall seek approval
19of the item from the chief clerk of the house or the
20secretary of the senate, as applicable. A lobbyist or
21client of a lobbyist who seeks approval of an item from
22the chief clerk of the house or the secretary of the
23senate shall submit the item and evidence of the value
24of the item at the time that approval is requested.
252. A lobbyist shall inform each of the lobbyist’s
26clients of the requirements of section 68B.22 of the
27Code and of the responsibility to seek approval prior
28to giving or sending a nonmonetary item which does not
29have a readily ascertainable value to a member or a
30full-time permanent employee of the house or senate.
-8-1Rule 17
2FINANCIAL TRANSACTIONS
31. A lobbyist shall not, directly or indirectly,
4make a loan to a member or to an employee of the house
5or senate.
62. A loan prohibited under this section rule does
7not include a loan made in the ordinary course of
8business of a lobbyist if the primary business of
9the lobbyist is something other than lobbying, if
10consideration of equal or greater value is received
11by the lobbyist, and if fair market value is given or
12received for the benefit conferred.
13Rule 18
14HONORARIA — RESTRICTIONS
15A lobbyist or client of a lobbyist shall not pay
16an honorarium to a member or employee of the house or
17senate for a speaking engagement or other formal public
18appearance in the official capacity of the member or
19employee except as otherwise provided in section 68B.23
20of the Code.
21Rule 19
22COMPLAINTS
23The procedures for complaints and enforcement of
24these rules shall be the same as those provided in the
25house or senate code of ethics.
26Rule 20
27PROCEDURES AND FORMS
28The chief clerk of the house and the secretary of
29the senate, subject to the approval of the house or
30senate ethics committee, as applicable, shall prescribe
-9-1procedures for compliance with these rules, and shall
2prepare forms for the filing of complaints and make
3them available to any person.
4Rule 21
5EFFECTIVE PERIOD
6These rules governing lobbyists and clients of
7lobbyists shall be in effect throughout the calendar
8year, whether or not the general assembly is in
9session.
10Rule 22
11ADDITIONAL RULES
12The senate and the house of representatives may
13adopt rules relating to the activities of lobbyists in
14the senate rules and house rules that supplement these
15joint rules.
-10-jh/tm