Senate Concurrent Resolution 3 - Introduced


A Concurrent Resolution 1relating to the joint rules
2governing lobbyists of the Senate and House of
3Representatives for the Eighty-ninth General
4Assembly.
   5BE IT RESOLVED BY THE SENATE, THE HOUSE OF
6REPRESENTATIVES CONCURRING, That the joint rules
7governing lobbyists of the Senate and House of
8Representatives for the Eighty-eighth Eighty-ninth
9 General Assembly shall 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,
27civic organization, labor organization, religious
-1-1organization, or professional or other organization
2which makes contributions in the aggregate of more
3than one thousand dollars in any one calendar year
4to expressly advocate the nomination, election, or
5defeat of a candidate for public office or to expressly
6advocate the passage or defeat of a ballot issue or
7influencing legislative action.
8Rule 2
9REGISTRATION REQUIRED
   101. All lobbyists shall register with the chief
11clerk of the house and secretary of the senate on or
12before the day their lobbying activity begins. In
13addition, the lobbyist shall file with the chief clerk
14of the house and secretary of the senate a statement
15of the general subjects of legislation in which the
16lobbyist is or may be interested, and a declaration
17of the numbers of the bills and resolutions and the
18bill number of study bills, if known, which will be
19lobbied, whether the lobbyist intends to lobby for or
20against each bill, resolution, or study bill, if known,
21and on whose behalf the lobbyist is lobbying the bill,
22resolution, or study bill.
   232. A declaration on a bill, resolution, or study
24bill shall be filed prior to the lobbyist advocating
25for or against the bill, resolution, or study bill
26or stating that the lobbyist’s client is undecided.
27If such a prior declaration is impracticable, a
28declaration shall be made within one working day
29of the commencement of advocating for or against
30the bill, resolution, or study bill or stating that
-2-1the lobbyist’s client is undecided. A change to a
2declaration for a bill, resolution, or study bill shall
3be filed within one working day of when the change
4becomes effective.
   53. Registration expires upon the commencement of
6the next regular session of the general assembly,
7except that the chief clerk of the house and secretary
8of the senate may adopt and implement a reasonable
9preregistration procedure in advance of each regular
10session during which persons may register for that
11session and the following legislative interim.
   124. If a lobbyist’s service on behalf of a
13particular employer, client, or cause is concluded
14prior to the end of the calendar year, the lobbyist may
15cancel the registration on appropriate forms supplied
16by the chief clerk of the house and the secretary
17of the senate. Upon cancellation of registration, a
18lobbyist is prohibited from engaging in any lobbying
19activity on behalf of that particular employer, client,
20or cause until reregistering and complying with these
21rules. A lobbyist’s registration is valid for only one
22session of a general assembly.
   235. If a registered lobbyist represents more than
24one employer, client, or cause and the lobbyist’s
25services are concluded on behalf of a particular
26employer, client, or cause after the lobbyist registers
27but before the first day of the next legislative
28session, the lobbyist shall file an amendment to the
29lobbyist’s registration indicating which employer,
30client, or cause is no longer represented by the
-3-1lobbyist and the date upon which the representation
2concluded.
   36. If a lobbyist is retained by one or more
4additional employers, clients, or causes after the
5lobbyist registers but before the first day of the
6next legislative session, the lobbyist shall file an
7amendment to the lobbyist’s registration indicating the
8employer, client, or cause to be added and the date
9upon which the representation begins.
   107. Amendments to a lobbyist’s registration
11regarding changes which occur during the time that the
12general assembly is in session shall be filed within
13one working day after the date upon which the change in
14the lobbyist’s representation becomes effective.
15Rule 3
16ELECTRONIC FILING
   17A lobbyist or client of a lobbyist required to
18file information with the chief clerk of the house
19or the secretary of the senate is required to make
20such filings in an electronic format as directed by
21the chief clerk of the house and the secretary of the
22senate.
23Rule 4
24LOBBYIST’S CLIENT REPORTING
   251. Each lobbyist’s client shall file the reports
26required under section 68B.38 with the chief clerk of
27the house or the secretary of the senate.
   282. For purposes of this rule, and the report
29required under section 68B.38, “lobbying purposes”
30include but are not limited to the following:
-4-
   1a. Time spent by the lobbyist at the state capitol
2building commencing with the first day of a legislative
3session and ending with the day of final adjournment of
4each legislative session as indicated by the journals
5of the house and senate.
   6b. Time spent by the lobbyist attending meetings or
7hearings which results in the lobbyist communicating
8with members of the general assembly or legislative
9employees about current or proposed legislation.
   10c. Time spent by the lobbyist researching and
11drafting proposed legislation with the intent to submit
12the legislation to a member of the general assembly or
13a legislative employee.
   14d. Time spent by the lobbyist actually
15communicating with members of the general assembly
16and legislative employees about current or proposed
17legislation.
18Rule 5
19GOVERNMENT OFFICIALS — OPPOSITION LOBBYING
   20Federal, state, and local officials who wish to
21lobby in opposition to their departments, commissions,
22boards, or agencies must indicate such on their
23lobbyist registration statements.
24Rule 6
25PUBLIC ACCESS
   26All information filed by a lobbyist or a client
27of a lobbyist pursuant to chapter 68B of the Code is
28a public record and open to public inspection at any
29reasonable time.
30Rule 7
-5-
1CHARGE ACCOUNTS
   2Lobbyists and clients of lobbyists shall not allow
3members to charge any amounts or items to a charge
4account to be paid for by those lobbyists or clients of
5lobbyists.
6Rule 8
7MEMBERSHIP CONTRIBUTIONS
   8A lobbyist or client of a lobbyist shall not
9pay for membership in or contributions to clubs or
10organizations on behalf of a member.
11Rule 9
12FEE OR BONUS PROHIBITED
   13A fee or bonus shall not be paid to any lobbyist
14with reference to any legislative action that is
15conditioned wholly or in part upon the results attained
16by the lobbyist.
17Rule 10
18OFFERS OF ECONOMIC OR INVESTMENT OPPORTUNITY
   191. A lobbyist, an employer or client of a lobbyist,
20or a political action committee shall not offer
21economic or investment opportunity or promise of
22employment to any member with intent to influence
23conduct in the performance of official duties.
   242. A lobbyist shall not take action intended to
25negatively affect the economic interests of a member.
26For purposes of this rule, supporting or opposing a
27candidate for office or supporting or opposing a bill,
28amendment, or resolution shall not be considered to
29be action intended to negatively affect the economic
30interests of a member.
-6-
1Rule 11
2PERSONAL OR FINANCIAL OBLIGATION
   3A lobbyist shall not do anything with the purpose of
4placing a member under personal or financial obligation
5to a lobbyist or a lobbyist’s principal or agent.
6Rule 12
7ATTEMPTS TO CREATE ADDITIONAL EMPLOYMENT
   8A lobbyist shall not cause or influence the
9introduction of any bill or amendment for the purpose
10of being employed to secure its passage or defeat.
11Rule 13
12CAMPAIGN SUPPORT
   13A lobbyist shall not influence or attempt to
14influence a member’s actions by the promise of
15financial support for the member’s candidacy or threat
16of financial support for an opposition candidate. A
17lobbyist shall not make a campaign contribution to a
18member or to a member’s candidate’s committee during
19the time that the general assembly is in session.
20Rule 14
21COMMUNICATION WITH MEMBER’S EMPLOYER PROHIBITED
   22A lobbyist shall not communicate with a member’s
23employer for the purpose of influencing a vote of the
24member.
25Rule 15
26EXCESS PAYMENTS
   27A lobbyist shall not pay or agree to pay to a member
28a price, fee, compensation, or other consideration for
29the sale or lease of any property or the furnishing of
30services which is substantially in excess of that which
-7-1other persons in the same business or profession would
2charge in the ordinary course of business.
3Rule 16
4PROHIBITION AGAINST GIFTS
   51. A lobbyist or client of a lobbyist shall not,
6directly or indirectly, offer or make a gift or series
7of gifts to any member or full-time permanent employee
8of the house or senate or the immediate family members
9of a member or full-time permanent employee of the
10house or senate except as otherwise provided in section
1168B.22 of the Code. A lobbyist or client of a lobbyist
12who intends or plans to give a nonmonetary item, other
13than food or drink consumed in the presence of the
14donor, which does not have a readily ascertainable
15value, to a member or full-time permanent employee of
16the house or senate, prior to giving or sending the
17item to the member or employee, shall seek approval
18of the item from the chief clerk of the house or the
19secretary of the senate, as applicable. A lobbyist or
20client of a lobbyist who seeks approval of an item from
21the chief clerk of the house or the secretary of the
22senate shall submit the item and evidence of the value
23of the item at the time that approval is requested.
   242. A lobbyist shall inform each of the lobbyist’s
25clients of the requirements of section 68B.22 of the
26Code and of the responsibility to seek approval prior
27to giving or sending a nonmonetary item which does not
28have a readily ascertainable value to a member or a
29full-time permanent employee of the house or senate.
30Rule 17
-8-
1FINANCIAL TRANSACTIONS
   21. A lobbyist shall not, directly or indirectly,
3make a loan to a member or to an employee of the house
4or senate.
   52. A loan prohibited under this rule does not
6include a loan made in the ordinary course of business
7of a lobbyist if the primary business of the lobbyist
8is something other than lobbying, if consideration of
9equal or greater value is received by the lobbyist,
10and if fair market value is given or received for the
11benefit conferred.
12Rule 18
13HONORARIA — RESTRICTIONS
   14A lobbyist or client of a lobbyist shall not pay
15an honorarium to a member or employee of the house or
16senate for a speaking engagement or other formal public
17appearance in the official capacity of the member or
18employee except as otherwise provided in section 68B.23
19of the Code.
20Rule 19
21COMPLAINTS
   22The procedures for complaints and enforcement of
23these rules shall be the same as those provided in the
24house or senate code of ethics.
25Rule 20
26PROCEDURES AND FORMS
   27The chief clerk of the house and the secretary of
28the senate, subject to the approval of the house or
29senate ethics committee, as applicable, shall prescribe
30procedures for compliance with these rules, and shall
-9-1prepare forms for the filing of complaints and make
2them available to any person.
3Rule 21
4EFFECTIVE PERIOD
   5These rules governing lobbyists and clients of
6lobbyists shall be in effect throughout the calendar
7year, whether or not the general assembly is in
8session.
9Rule 22
10ADDITIONAL RULES
   11The senate and the house of representatives may
12adopt rules relating to the activities of lobbyists in
13the senate rules and house rules that supplement these
14joint rules.
-10-
jh/tm