House Study Bill 78 - Introduced HOUSE CONCURRENT RESOLUTION NO. _____ BY (PROPOSED COMMITTEE ON ETHICS RESOLUTION BY CHAIRPERSON OSMUNDSON) A Concurrent Resolution relating to the joint rules 1 governing lobbyists of the Senate and House of 2 Representatives for the Ninetieth General Assembly. 3 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, 4 THE SENATE CONCURRING, That the joint rules governing 5 lobbyists of the Senate and House of Representatives 6 for the Eighty-ninth Ninetieth General Assembly shall 7 be as follows: 8 JOINT RULES GOVERNING LOBBYISTS 9 Rule 1 10 DEFINITIONS 11 As used in these rules, client, gift, 12 honoraria or honorarium, immediate family member, 13 and lobbyist have the meaning provided in chapter 14 68B of the Code. As used in these rules, the term 15 political action committee means a committee, but not 16 a candidates committee, which accepts contributions, 17 makes expenditures, or incurs indebtedness in the 18 aggregate of more than one thousand dollars in any one 19 calendar year to expressly advocate the nomination, 20 election, or defeat of a candidate for public office 21 or to expressly advocate the passage or defeat of 22 a ballot issue or influencing legislative action, 23 or an association, lodge, society, cooperative, 24 union, fraternity, sorority, educational institution, 25 civic organization, labor organization, religious 26 organization, or professional or other organization 27 -1- LSB 1581YC (2) 90 th/jh 1/ 10
H.C.R. _____ which makes contributions in the aggregate of more 1 than one thousand dollars in any one calendar year 2 to expressly advocate the nomination, election, or 3 defeat of a candidate for public office or to expressly 4 advocate the passage or defeat of a ballot issue or 5 influencing legislative action. 6 Rule 2 7 REGISTRATION REQUIRED 8 1. All lobbyists shall register with the chief 9 clerk of the house and secretary of the senate on or 10 before the day their lobbying activity begins. In 11 addition, the lobbyist shall file with the chief clerk 12 of the house and secretary of the senate a statement 13 of the general subjects of legislation in which the 14 lobbyist is or may be interested, and a declaration 15 of the numbers of the bills and resolutions and the 16 bill number of study bills, if known, which will be 17 lobbied, whether the lobbyist intends to lobby for or 18 against each bill, resolution, or study bill, if known, 19 and on whose behalf the lobbyist is lobbying the bill, 20 resolution, or study bill. 21 2. A declaration on a bill, resolution, or study 22 bill shall be filed prior to the lobbyist advocating 23 for or against the bill, resolution, or study bill 24 or stating that the lobbyists client is undecided. 25 If such a prior declaration is impracticable, a 26 declaration shall be made within one working day 27 of the commencement of advocating for or against 28 the bill, resolution, or study bill or stating that 29 the lobbyists client is undecided. A change to a 30 -2- LSB 1581YC (2) 90 th/jh 2/ 10
H.C.R. _____ declaration for a bill, resolution, or study bill shall 1 be filed within one working day of when the change 2 becomes effective. 3 3. Registration expires upon the commencement of 4 the next regular session of the general assembly, 5 except that the chief clerk of the house and secretary 6 of the senate may adopt and implement a reasonable 7 preregistration procedure in advance of each regular 8 session during which persons may register for that 9 session and the following legislative interim. 10 4. If a lobbyists service on behalf of a 11 particular employer, client, or cause is concluded 12 prior to the end of the calendar year, the lobbyist may 13 cancel the registration on appropriate forms supplied 14 by the chief clerk of the house and the secretary 15 of the senate. Upon cancellation of registration, a 16 lobbyist is prohibited from engaging in any lobbying 17 activity on behalf of that particular employer, client, 18 or cause until reregistering and complying with these 19 rules. A lobbyists registration is valid for only one 20 session of a general assembly. 21 5. If a registered lobbyist represents more than 22 one employer, client, or cause and the lobbyists 23 services are concluded on behalf of a particular 24 employer, client, or cause after the lobbyist registers 25 but before the first day of the next legislative 26 session, the lobbyist shall file an amendment to the 27 lobbyists registration indicating which employer, 28 client, or cause is no longer represented by the 29 lobbyist and the date upon which the representation 30 -3- LSB 1581YC (2) 90 th/jh 3/ 10
H.C.R. _____ concluded. 1 6. If a lobbyist is retained by one or more 2 additional employers, clients, or causes after the 3 lobbyist registers but before the first day of the 4 next legislative session, the lobbyist shall file an 5 amendment to the lobbyists registration indicating the 6 employer, client, or cause to be added and the date 7 upon which the representation begins. 8 7. Amendments to a lobbyists registration 9 regarding changes which occur during the time that the 10 general assembly is in session shall be filed within 11 one working day after the date upon which the change in 12 the lobbyists representation becomes effective. 13 Rule 3 14 ELECTRONIC FILING 15 A lobbyist or client of a lobbyist required to 16 file information with the chief clerk of the house 17 or the secretary of the senate is required to make 18 such filings in an electronic format as directed by 19 the chief clerk of the house and the secretary of the 20 senate. 21 Rule 4 22 LOBBYISTS CLIENT REPORTING 23 1. Each lobbyists client shall file the reports 24 required under section 68B.38 with the chief clerk of 25 the house or the secretary of the senate. 26 2. For purposes of this rule, and the report 27 required under section 68B.38, lobbying purposes 28 include but are not limited to the following: 29 a. Time spent by the lobbyist at the state capitol 30 -4- LSB 1581YC (2) 90 th/jh 4/ 10
H.C.R. _____ building commencing with the first day of a legislative 1 session and ending with the day of final adjournment of 2 each legislative session as indicated by the journals 3 of the house and senate. 4 b. Time spent by the lobbyist attending meetings or 5 hearings which results in the lobbyist communicating 6 with members of the general assembly or legislative 7 employees about current or proposed legislation. 8 c. Time spent by the lobbyist researching and 9 drafting proposed legislation with the intent to submit 10 the legislation to a member of the general assembly or 11 a legislative employee. 12 d. Time spent by the lobbyist actually 13 communicating with members of the general assembly 14 and legislative employees about current or proposed 15 legislation. 16 Rule 5 17 GOVERNMENT OFFICIALS OPPOSITION LOBBYING 18 Federal, state, and local officials who wish to 19 lobby in opposition to their departments, commissions, 20 boards, or agencies must indicate such on their 21 lobbyist registration statements. 22 Rule 6 23 PUBLIC ACCESS 24 All information filed by a lobbyist or a client 25 of a lobbyist pursuant to chapter 68B of the Code is 26 a public record and open to public inspection at any 27 reasonable time. 28 Rule 7 29 CHARGE ACCOUNTS 30 -5- LSB 1581YC (2) 90 th/jh 5/ 10
H.C.R. _____ Lobbyists and clients of lobbyists shall not allow 1 members to charge any amounts or items to a charge 2 account to be paid for by those lobbyists or clients of 3 lobbyists. 4 Rule 8 5 MEMBERSHIP CONTRIBUTIONS 6 A lobbyist or client of a lobbyist shall not 7 pay for membership in or contributions to clubs or 8 organizations on behalf of a member. 9 Rule 9 10 FEE OR BONUS PROHIBITED 11 A fee or bonus shall not be paid to any lobbyist 12 with reference to any legislative action that is 13 conditioned wholly or in part upon the results attained 14 by the lobbyist. 15 Rule 10 16 OFFERS OF ECONOMIC OR INVESTMENT OPPORTUNITY 17 1. A lobbyist, an employer or client of a lobbyist, 18 or a political action committee shall not offer 19 economic or investment opportunity or promise of 20 employment to any member with intent to influence 21 conduct in the performance of official duties. 22 2. A lobbyist shall not take action intended to 23 negatively affect the economic interests of a member. 24 For purposes of this rule, supporting or opposing a 25 candidate for office or supporting or opposing a bill, 26 amendment, or resolution shall not be considered to 27 be action intended to negatively affect the economic 28 interests of a member. 29 Rule 11 30 -6- LSB 1581YC (2) 90 th/jh 6/ 10
H.C.R. _____ PERSONAL OR FINANCIAL OBLIGATION 1 A lobbyist shall not do anything with the purpose of 2 placing a member under personal or financial obligation 3 to a lobbyist or a lobbyists principal or agent. 4 Rule 12 5 ATTEMPTS TO CREATE ADDITIONAL EMPLOYMENT 6 A lobbyist shall not cause or influence the 7 introduction of any bill or amendment for the purpose 8 of being employed to secure its passage or defeat. 9 Rule 13 10 CAMPAIGN SUPPORT 11 A lobbyist shall not influence or attempt to 12 influence a members actions by the promise of 13 financial support for the members candidacy or threat 14 of financial support for an opposition candidate. A 15 lobbyist shall not make a campaign contribution to a 16 member or to a members candidates committee during 17 the time that the general assembly is in session. 18 Rule 14 19 COMMUNICATION WITH MEMBERS EMPLOYER PROHIBITED 20 A lobbyist shall not communicate with a members 21 employer for the purpose of influencing a vote of the 22 member. 23 Rule 15 24 EXCESS PAYMENTS 25 A lobbyist shall not pay or agree to pay to a member 26 a price, fee, compensation, or other consideration for 27 the sale or lease of any property or the furnishing of 28 services which is substantially in excess of that which 29 other persons in the same business or profession would 30 -7- LSB 1581YC (2) 90 th/jh 7/ 10
H.C.R. _____ charge in the ordinary course of business. 1 Rule 16 2 PROHIBITION AGAINST GIFTS 3 1. A lobbyist or client of a lobbyist shall not, 4 directly or indirectly, offer or make a gift or series 5 of gifts to any member or full-time permanent employee 6 of the house or senate or the immediate family members 7 of a member or full-time permanent employee of the 8 house or senate except as otherwise provided in section 9 68B.22 of the Code. A lobbyist or client of a lobbyist 10 who intends or plans to give a nonmonetary item, other 11 than food or drink consumed in the presence of the 12 donor, which does not have a readily ascertainable 13 value, to a member or full-time permanent employee of 14 the house or senate, prior to giving or sending the 15 item to the member or employee, shall seek approval 16 of the item from the chief clerk of the house or the 17 secretary of the senate, as applicable. A lobbyist or 18 client of a lobbyist who seeks approval of an item from 19 the chief clerk of the house or the secretary of the 20 senate shall submit the item and evidence of the value 21 of the item at the time that approval is requested. 22 2. A lobbyist shall inform each of the lobbyists 23 clients of the requirements of section 68B.22 of the 24 Code and of the responsibility to seek approval prior 25 to giving or sending a nonmonetary item which does not 26 have a readily ascertainable value to a member or a 27 full-time permanent employee of the house or senate. 28 Rule 17 29 FINANCIAL TRANSACTIONS 30 -8- LSB 1581YC (2) 90 th/jh 8/ 10
H.C.R. _____ 1. A lobbyist shall not, directly or indirectly, 1 make a loan to a member or to an employee of the house 2 or senate. 3 2. A loan prohibited under this rule does not 4 include a loan made in the ordinary course of business 5 of a lobbyist if the primary business of the lobbyist 6 is something other than lobbying, if consideration of 7 equal or greater value is received by the lobbyist, 8 and if fair market value is given or received for the 9 benefit conferred. 10 Rule 18 11 HONORARIA RESTRICTIONS 12 A lobbyist or client of a lobbyist shall not pay 13 an honorarium to a member or employee of the house or 14 senate for a speaking engagement or other formal public 15 appearance in the official capacity of the member or 16 employee except as otherwise provided in section 68B.23 17 of the Code. 18 Rule 19 19 COMPLAINTS 20 The procedures for complaints and enforcement of 21 these rules shall be the same as those provided in the 22 house or senate code of ethics. 23 Rule 20 24 PROCEDURES AND FORMS 25 The chief clerk of the house and the secretary of 26 the senate, subject to the approval of the house or 27 senate ethics committee, as applicable, shall prescribe 28 procedures for compliance with these rules, and shall 29 prepare forms for the filing of complaints and make 30 -9- LSB 1581YC (2) 90 th/jh 9/ 10
H.C.R. _____ them available to any person. 1 Rule 21 2 EFFECTIVE PERIOD 3 These rules governing lobbyists and clients of 4 lobbyists shall be in effect throughout the calendar 5 year, whether or not the general assembly is in 6 session. 7 Rule 22 8 ADDITIONAL RULES 9 The senate and the house of representatives may 10 adopt rules relating to the activities of lobbyists in 11 the senate rules and house rules that supplement these 12 joint rules. 13 -10- LSB 1581YC (2) 90 th/jh 10/ 10