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House
Concurrent
Resolution
4
-
Introduced
HOUSE
CONCURRENT
RESOLUTION
NO.
4
BY
COMMITTEE
ON
ETHICS
(SUCCESSOR
TO
HSB
93)
(COMPANION
TO
SCR
1
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
Ninety-first
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
Ninetieth
Ninety-first
General
Assembly
shall
8
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,
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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
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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,
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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”
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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.
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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
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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
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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.
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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
rule
does
not
6
include
a
loan
made
in
the
ordinary
course
of
business
7
of
a
lobbyist
if
the
primary
business
of
the
lobbyist
8
is
something
other
than
lobbying,
if
consideration
of
9
equal
or
greater
value
is
received
by
the
lobbyist,
10
and
if
fair
market
value
is
given
or
received
for
the
11
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
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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
1534HV
(1)
91
th/jh
10/
10