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Senate Concurrent Resolution 3 - Introduced
A Concurrent Resolution 1relating to the joint rules
2governing lobbyists of the Senate and House of
3Representatives for the Ninetieth General Assembly.
4BE IT RESOLVED BY THE SENATE, THE HOUSE OF
5REPRESENTATIVES CONCURRING, That the joint rules
6governing lobbyists of the Senate and House of
7Representatives for the Eighty-ninth Ninetieth General
8Assembly shall be as follows:
9JOINT RULES GOVERNING LOBBYISTS
10Rule 1
11DEFINITIONS
12As used in these rules, “client”, “gift”,
13“honoraria” or “honorarium”, “immediate family member”,
14and “lobbyist” have the meaning provided in chapter
1568B of the Code. As used in these rules, the term
16“political action committee” means a committee, but not
17a candidate’s committee, which accepts contributions,
18makes expenditures, or incurs indebtedness in the
19aggregate of more than one thousand dollars in any one
20calendar year to expressly advocate the nomination,
21election, or defeat of a candidate for public office
22or to expressly advocate the passage or defeat of
23a ballot issue or influencing legislative action,
24or an association, lodge, society, cooperative,
25union, fraternity, sorority, educational institution,
26civic organization, labor organization, religious
27organization, or professional or other organization
-1-1which makes contributions in the aggregate of more
2than one thousand dollars in any one calendar year
3to expressly advocate the nomination, election, or
4defeat of a candidate for public office or to expressly
5advocate the passage or defeat of a ballot issue or
6influencing legislative action.
7Rule 2
8REGISTRATION REQUIRED
91. All lobbyists shall register with the chief
10clerk of the house and secretary of the senate on or
11before the day their lobbying activity begins. In
12addition, the lobbyist shall file with the chief clerk
13of the house and secretary of the senate a statement
14of the general subjects of legislation in which the
15lobbyist is or may be interested, and a declaration
16of the numbers of the bills and resolutions and the
17bill number of study bills, if known, which will be
18lobbied, whether the lobbyist intends to lobby for or
19against each bill, resolution, or study bill, if known,
20and on whose behalf the lobbyist is lobbying the bill,
21resolution, or study bill.
222. A declaration on a bill, resolution, or study
23bill shall be filed prior to the lobbyist advocating
24for or against the bill, resolution, or study bill
25or stating that the lobbyist’s client is undecided.
26If such a prior declaration is impracticable, a
27declaration shall be made within one working day
28of the commencement of advocating for or against
29the bill, resolution, or study bill or stating that
30the lobbyist’s client is undecided. A change to a
-2-1declaration for a bill, resolution, or study bill shall
2be filed within one working day of when the change
3becomes effective.
43. Registration expires upon the commencement of
5the next regular session of the general assembly,
6except that the chief clerk of the house and secretary
7of the senate may adopt and implement a reasonable
8preregistration procedure in advance of each regular
9session during which persons may register for that
10session and the following legislative interim.
114. If a lobbyist’s service on behalf of a
12particular employer, client, or cause is concluded
13prior to the end of the calendar year, the lobbyist may
14cancel the registration on appropriate forms supplied
15by the chief clerk of the house and the secretary
16of the senate. Upon cancellation of registration, a
17lobbyist is prohibited from engaging in any lobbying
18activity on behalf of that particular employer, client,
19or cause until reregistering and complying with these
20rules. A lobbyist’s registration is valid for only one
21session of a general assembly.
225. If a registered lobbyist represents more than
23one employer, client, or cause and the lobbyist’s
24services are concluded on behalf of a particular
25employer, client, or cause after the lobbyist registers
26but before the first day of the next legislative
27session, the lobbyist shall file an amendment to the
28lobbyist’s registration indicating which employer,
29client, or cause is no longer represented by the
30lobbyist and the date upon which the representation
-3-1concluded.
26. If a lobbyist is retained by one or more
3additional employers, clients, or causes after the
4lobbyist registers but before the first day of the
5next legislative session, the lobbyist shall file an
6amendment to the lobbyist’s registration indicating the
7employer, client, or cause to be added and the date
8upon which the representation begins.
97. Amendments to a lobbyist’s registration
10regarding changes which occur during the time that the
11general assembly is in session shall be filed within
12one working day after the date upon which the change in
13the lobbyist’s representation becomes effective.
14Rule 3
15ELECTRONIC FILING
16A lobbyist or client of a lobbyist required to
17file information with the chief clerk of the house
18or the secretary of the senate is required to make
19such filings in an electronic format as directed by
20the chief clerk of the house and the secretary of the
21senate.
22Rule 4
23LOBBYIST’S CLIENT REPORTING
241. Each lobbyist’s client shall file the reports
25required under section 68B.38 with the chief clerk of
26the house or the secretary of the senate.
272. For purposes of this rule, and the report
28required under section 68B.38, “lobbying purposes”
29include but are not limited to the following:
30a. Time spent by the lobbyist at the state capitol
-4-1building commencing with the first day of a legislative
2session and ending with the day of final adjournment of
3each legislative session as indicated by the journals
4of the house and senate.
5b. Time spent by the lobbyist attending meetings or
6hearings which results in the lobbyist communicating
7with members of the general assembly or legislative
8employees about current or proposed legislation.
9c. Time spent by the lobbyist researching and
10drafting proposed legislation with the intent to submit
11the legislation to a member of the general assembly or
12a legislative employee.
13d. Time spent by the lobbyist actually
14communicating with members of the general assembly
15and legislative employees about current or proposed
16legislation.
17Rule 5
18GOVERNMENT OFFICIALS — OPPOSITION LOBBYING
19Federal, state, and local officials who wish to
20lobby in opposition to their departments, commissions,
21boards, or agencies must indicate such on their
22lobbyist registration statements.
23Rule 6
24PUBLIC ACCESS
25All information filed by a lobbyist or a client
26of a lobbyist pursuant to chapter 68B of the Code is
27a public record and open to public inspection at any
28reasonable time.
29Rule 7
30CHARGE ACCOUNTS
-5- 1Lobbyists and clients of lobbyists shall not allow
2members to charge any amounts or items to a charge
3account to be paid for by those lobbyists or clients of
4lobbyists.
5Rule 8
6MEMBERSHIP CONTRIBUTIONS
7A lobbyist or client of a lobbyist shall not
8pay for membership in or contributions to clubs or
9organizations on behalf of a member.
10Rule 9
11FEE OR BONUS PROHIBITED
12A fee or bonus shall not be paid to any lobbyist
13with reference to any legislative action that is
14conditioned wholly or in part upon the results attained
15by the lobbyist.
16Rule 10
17OFFERS OF ECONOMIC OR INVESTMENT OPPORTUNITY
181. A lobbyist, an employer or client of a lobbyist,
19or a political action committee shall not offer
20economic or investment opportunity or promise of
21employment to any member with intent to influence
22conduct in the performance of official duties.
232. A lobbyist shall not take action intended to
24negatively affect the economic interests of a member.
25For purposes of this rule, supporting or opposing a
26candidate for office or supporting or opposing a bill,
27amendment, or resolution shall not be considered to
28be action intended to negatively affect the economic
29interests of a member.
30Rule 11
-6-1PERSONAL OR FINANCIAL OBLIGATION
2A lobbyist shall not do anything with the purpose of
3placing a member under personal or financial obligation
4to a lobbyist or a lobbyist’s principal or agent.
5Rule 12
6ATTEMPTS TO CREATE ADDITIONAL EMPLOYMENT
7A lobbyist shall not cause or influence the
8introduction of any bill or amendment for the purpose
9of being employed to secure its passage or defeat.
10Rule 13
11CAMPAIGN SUPPORT
12A lobbyist shall not influence or attempt to
13influence a member’s actions by the promise of
14financial support for the member’s candidacy or threat
15of financial support for an opposition candidate. A
16lobbyist shall not make a campaign contribution to a
17member or to a member’s candidate’s committee during
18the time that the general assembly is in session.
19Rule 14
20COMMUNICATION WITH MEMBER’S EMPLOYER PROHIBITED
21A lobbyist shall not communicate with a member’s
22employer for the purpose of influencing a vote of the
23member.
24Rule 15
25EXCESS PAYMENTS
26A lobbyist shall not pay or agree to pay to a member
27a price, fee, compensation, or other consideration for
28the sale or lease of any property or the furnishing of
29services which is substantially in excess of that which
30other persons in the same business or profession would
-7-1charge in the ordinary course of business.
2Rule 16
3PROHIBITION AGAINST GIFTS
41. A lobbyist or client of a lobbyist shall not,
5directly or indirectly, offer or make a gift or series
6of gifts to any member or full-time permanent employee
7of the house or senate or the immediate family members
8of a member or full-time permanent employee of the
9house or senate except as otherwise provided in section
1068B.22 of the Code. A lobbyist or client of a lobbyist
11who intends or plans to give a nonmonetary item, other
12than food or drink consumed in the presence of the
13donor, which does not have a readily ascertainable
14value, to a member or full-time permanent employee of
15the house or senate, prior to giving or sending the
16item to the member or employee, shall seek approval
17of the item from the chief clerk of the house or the
18secretary of the senate, as applicable. A lobbyist or
19client of a lobbyist who seeks approval of an item from
20the chief clerk of the house or the secretary of the
21senate shall submit the item and evidence of the value
22of the item at the time that approval is requested.
232. A lobbyist shall inform each of the lobbyist’s
24clients of the requirements of section 68B.22 of the
25Code and of the responsibility to seek approval prior
26to giving or sending a nonmonetary item which does not
27have a readily ascertainable value to a member or a
28full-time permanent employee of the house or senate.
29Rule 17
30FINANCIAL TRANSACTIONS
-8- 11. A lobbyist shall not, directly or indirectly,
2make a loan to a member or to an employee of the house
3or senate.
42. A loan prohibited under this rule does not
5include a loan made in the ordinary course of business
6of a lobbyist if the primary business of the lobbyist
7is something other than lobbying, if consideration of
8equal or greater value is received by the lobbyist,
9and if fair market value is given or received for the
10benefit conferred.
11Rule 18
12HONORARIA — RESTRICTIONS
13A lobbyist or client of a lobbyist shall not pay
14an honorarium to a member or employee of the house or
15senate for a speaking engagement or other formal public
16appearance in the official capacity of the member or
17employee except as otherwise provided in section 68B.23
18of the Code.
19Rule 19
20COMPLAINTS
21The procedures for complaints and enforcement of
22these rules shall be the same as those provided in the
23house or senate code of ethics.
24Rule 20
25PROCEDURES AND FORMS
26The chief clerk of the house and the secretary of
27the senate, subject to the approval of the house or
28senate ethics committee, as applicable, shall prescribe
29procedures for compliance with these rules, and shall
30prepare forms for the filing of complaints and make
-9-1them available to any person.
2Rule 21
3EFFECTIVE PERIOD
4These rules governing lobbyists and clients of
5lobbyists shall be in effect throughout the calendar
6year, whether or not the general assembly is in
7session.
8Rule 22
9ADDITIONAL RULES
10The senate and the house of representatives may
11adopt rules relating to the activities of lobbyists in
12the senate rules and house rules that supplement these
13joint rules.
-10-th/jh
A Concurrent Resolution 1relating to the joint rules
2governing lobbyists of the Senate and House of
3Representatives for the Ninetieth General Assembly.
4BE IT RESOLVED BY THE SENATE, THE HOUSE OF
5REPRESENTATIVES CONCURRING, That the joint rules
6governing lobbyists of the Senate and House of
7Representatives for the Eighty-ninth Ninetieth General
8Assembly shall be as follows:
9JOINT RULES GOVERNING LOBBYISTS
10Rule 1
11DEFINITIONS
12As used in these rules, “client”, “gift”,
13“honoraria” or “honorarium”, “immediate family member”,
14and “lobbyist” have the meaning provided in chapter
1568B of the Code. As used in these rules, the term
16“political action committee” means a committee, but not
17a candidate’s committee, which accepts contributions,
18makes expenditures, or incurs indebtedness in the
19aggregate of more than one thousand dollars in any one
20calendar year to expressly advocate the nomination,
21election, or defeat of a candidate for public office
22or to expressly advocate the passage or defeat of
23a ballot issue or influencing legislative action,
24or an association, lodge, society, cooperative,
25union, fraternity, sorority, educational institution,
26civic organization, labor organization, religious
27organization, or professional or other organization
-1-1which makes contributions in the aggregate of more
2than one thousand dollars in any one calendar year
3to expressly advocate the nomination, election, or
4defeat of a candidate for public office or to expressly
5advocate the passage or defeat of a ballot issue or
6influencing legislative action.
7Rule 2
8REGISTRATION REQUIRED
91. All lobbyists shall register with the chief
10clerk of the house and secretary of the senate on or
11before the day their lobbying activity begins. In
12addition, the lobbyist shall file with the chief clerk
13of the house and secretary of the senate a statement
14of the general subjects of legislation in which the
15lobbyist is or may be interested, and a declaration
16of the numbers of the bills and resolutions and the
17bill number of study bills, if known, which will be
18lobbied, whether the lobbyist intends to lobby for or
19against each bill, resolution, or study bill, if known,
20and on whose behalf the lobbyist is lobbying the bill,
21resolution, or study bill.
222. A declaration on a bill, resolution, or study
23bill shall be filed prior to the lobbyist advocating
24for or against the bill, resolution, or study bill
25or stating that the lobbyist’s client is undecided.
26If such a prior declaration is impracticable, a
27declaration shall be made within one working day
28of the commencement of advocating for or against
29the bill, resolution, or study bill or stating that
30the lobbyist’s client is undecided. A change to a
-2-1declaration for a bill, resolution, or study bill shall
2be filed within one working day of when the change
3becomes effective.
43. Registration expires upon the commencement of
5the next regular session of the general assembly,
6except that the chief clerk of the house and secretary
7of the senate may adopt and implement a reasonable
8preregistration procedure in advance of each regular
9session during which persons may register for that
10session and the following legislative interim.
114. If a lobbyist’s service on behalf of a
12particular employer, client, or cause is concluded
13prior to the end of the calendar year, the lobbyist may
14cancel the registration on appropriate forms supplied
15by the chief clerk of the house and the secretary
16of the senate. Upon cancellation of registration, a
17lobbyist is prohibited from engaging in any lobbying
18activity on behalf of that particular employer, client,
19or cause until reregistering and complying with these
20rules. A lobbyist’s registration is valid for only one
21session of a general assembly.
225. If a registered lobbyist represents more than
23one employer, client, or cause and the lobbyist’s
24services are concluded on behalf of a particular
25employer, client, or cause after the lobbyist registers
26but before the first day of the next legislative
27session, the lobbyist shall file an amendment to the
28lobbyist’s registration indicating which employer,
29client, or cause is no longer represented by the
30lobbyist and the date upon which the representation
-3-1concluded.
26. If a lobbyist is retained by one or more
3additional employers, clients, or causes after the
4lobbyist registers but before the first day of the
5next legislative session, the lobbyist shall file an
6amendment to the lobbyist’s registration indicating the
7employer, client, or cause to be added and the date
8upon which the representation begins.
97. Amendments to a lobbyist’s registration
10regarding changes which occur during the time that the
11general assembly is in session shall be filed within
12one working day after the date upon which the change in
13the lobbyist’s representation becomes effective.
14Rule 3
15ELECTRONIC FILING
16A lobbyist or client of a lobbyist required to
17file information with the chief clerk of the house
18or the secretary of the senate is required to make
19such filings in an electronic format as directed by
20the chief clerk of the house and the secretary of the
21senate.
22Rule 4
23LOBBYIST’S CLIENT REPORTING
241. Each lobbyist’s client shall file the reports
25required under section 68B.38 with the chief clerk of
26the house or the secretary of the senate.
272. For purposes of this rule, and the report
28required under section 68B.38, “lobbying purposes”
29include but are not limited to the following:
30a. Time spent by the lobbyist at the state capitol
-4-1building commencing with the first day of a legislative
2session and ending with the day of final adjournment of
3each legislative session as indicated by the journals
4of the house and senate.
5b. Time spent by the lobbyist attending meetings or
6hearings which results in the lobbyist communicating
7with members of the general assembly or legislative
8employees about current or proposed legislation.
9c. Time spent by the lobbyist researching and
10drafting proposed legislation with the intent to submit
11the legislation to a member of the general assembly or
12a legislative employee.
13d. Time spent by the lobbyist actually
14communicating with members of the general assembly
15and legislative employees about current or proposed
16legislation.
17Rule 5
18GOVERNMENT OFFICIALS — OPPOSITION LOBBYING
19Federal, state, and local officials who wish to
20lobby in opposition to their departments, commissions,
21boards, or agencies must indicate such on their
22lobbyist registration statements.
23Rule 6
24PUBLIC ACCESS
25All information filed by a lobbyist or a client
26of a lobbyist pursuant to chapter 68B of the Code is
27a public record and open to public inspection at any
28reasonable time.
29Rule 7
30CHARGE ACCOUNTS
-5- 1Lobbyists and clients of lobbyists shall not allow
2members to charge any amounts or items to a charge
3account to be paid for by those lobbyists or clients of
4lobbyists.
5Rule 8
6MEMBERSHIP CONTRIBUTIONS
7A lobbyist or client of a lobbyist shall not
8pay for membership in or contributions to clubs or
9organizations on behalf of a member.
10Rule 9
11FEE OR BONUS PROHIBITED
12A fee or bonus shall not be paid to any lobbyist
13with reference to any legislative action that is
14conditioned wholly or in part upon the results attained
15by the lobbyist.
16Rule 10
17OFFERS OF ECONOMIC OR INVESTMENT OPPORTUNITY
181. A lobbyist, an employer or client of a lobbyist,
19or a political action committee shall not offer
20economic or investment opportunity or promise of
21employment to any member with intent to influence
22conduct in the performance of official duties.
232. A lobbyist shall not take action intended to
24negatively affect the economic interests of a member.
25For purposes of this rule, supporting or opposing a
26candidate for office or supporting or opposing a bill,
27amendment, or resolution shall not be considered to
28be action intended to negatively affect the economic
29interests of a member.
30Rule 11
-6-1PERSONAL OR FINANCIAL OBLIGATION
2A lobbyist shall not do anything with the purpose of
3placing a member under personal or financial obligation
4to a lobbyist or a lobbyist’s principal or agent.
5Rule 12
6ATTEMPTS TO CREATE ADDITIONAL EMPLOYMENT
7A lobbyist shall not cause or influence the
8introduction of any bill or amendment for the purpose
9of being employed to secure its passage or defeat.
10Rule 13
11CAMPAIGN SUPPORT
12A lobbyist shall not influence or attempt to
13influence a member’s actions by the promise of
14financial support for the member’s candidacy or threat
15of financial support for an opposition candidate. A
16lobbyist shall not make a campaign contribution to a
17member or to a member’s candidate’s committee during
18the time that the general assembly is in session.
19Rule 14
20COMMUNICATION WITH MEMBER’S EMPLOYER PROHIBITED
21A lobbyist shall not communicate with a member’s
22employer for the purpose of influencing a vote of the
23member.
24Rule 15
25EXCESS PAYMENTS
26A lobbyist shall not pay or agree to pay to a member
27a price, fee, compensation, or other consideration for
28the sale or lease of any property or the furnishing of
29services which is substantially in excess of that which
30other persons in the same business or profession would
-7-1charge in the ordinary course of business.
2Rule 16
3PROHIBITION AGAINST GIFTS
41. A lobbyist or client of a lobbyist shall not,
5directly or indirectly, offer or make a gift or series
6of gifts to any member or full-time permanent employee
7of the house or senate or the immediate family members
8of a member or full-time permanent employee of the
9house or senate except as otherwise provided in section
1068B.22 of the Code. A lobbyist or client of a lobbyist
11who intends or plans to give a nonmonetary item, other
12than food or drink consumed in the presence of the
13donor, which does not have a readily ascertainable
14value, to a member or full-time permanent employee of
15the house or senate, prior to giving or sending the
16item to the member or employee, shall seek approval
17of the item from the chief clerk of the house or the
18secretary of the senate, as applicable. A lobbyist or
19client of a lobbyist who seeks approval of an item from
20the chief clerk of the house or the secretary of the
21senate shall submit the item and evidence of the value
22of the item at the time that approval is requested.
232. A lobbyist shall inform each of the lobbyist’s
24clients of the requirements of section 68B.22 of the
25Code and of the responsibility to seek approval prior
26to giving or sending a nonmonetary item which does not
27have a readily ascertainable value to a member or a
28full-time permanent employee of the house or senate.
29Rule 17
30FINANCIAL TRANSACTIONS
-8- 11. A lobbyist shall not, directly or indirectly,
2make a loan to a member or to an employee of the house
3or senate.
42. A loan prohibited under this rule does not
5include a loan made in the ordinary course of business
6of a lobbyist if the primary business of the lobbyist
7is something other than lobbying, if consideration of
8equal or greater value is received by the lobbyist,
9and if fair market value is given or received for the
10benefit conferred.
11Rule 18
12HONORARIA — RESTRICTIONS
13A lobbyist or client of a lobbyist shall not pay
14an honorarium to a member or employee of the house or
15senate for a speaking engagement or other formal public
16appearance in the official capacity of the member or
17employee except as otherwise provided in section 68B.23
18of the Code.
19Rule 19
20COMPLAINTS
21The procedures for complaints and enforcement of
22these rules shall be the same as those provided in the
23house or senate code of ethics.
24Rule 20
25PROCEDURES AND FORMS
26The chief clerk of the house and the secretary of
27the senate, subject to the approval of the house or
28senate ethics committee, as applicable, shall prescribe
29procedures for compliance with these rules, and shall
30prepare forms for the filing of complaints and make
-9-1them available to any person.
2Rule 21
3EFFECTIVE PERIOD
4These rules governing lobbyists and clients of
5lobbyists shall be in effect throughout the calendar
6year, whether or not the general assembly is in
7session.
8Rule 22
9ADDITIONAL RULES
10The senate and the house of representatives may
11adopt rules relating to the activities of lobbyists in
12the senate rules and house rules that supplement these
13joint rules.
-10-th/jh