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Operations Manual The University of Iowa

PART II. COMMUNITY POLICIES
DIVISION I HUMAN RIGHTS, AFFIRMATIVE ACTION, AND EQUAL EMPLOYMENT OPPORTUNITY

(Written to conform to Regents Procedural Guide 3/74; amended 9/93; 10/95; 9/97)

CHAPTER 34: LOBBYING RESTRICTIONS APPLICABLE TO PUBLIC EMPLOYEES AND OFFICIALS

(10/94)
34.1 General
34.2 Definitions
34.3 Purpose
34.4 Registration Requirements
34.5 Reporting Requirements for Lobbyists
34.6 Reporting Requirements for Clients of Lobbyists
34.7 Registering as a Lobbyist
34.8 Loans Prohibited
34.9 Ban on Certain Lobbying Activities
34.10 Enforcement

34.1 GENERAL.
The following outlines regulations and restrictions on lobbying by public employees as imposed by Chapter 68B of the Iowa Code. The outline is not a substitute for the law, but is intended to guide and put University employees on notice of their responsibilities under the law.
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34.2 DEFINITIONS.
The following definition of lobbyist should be consulted to determine whether you are considered a lobbyist or lobbyist's client under the law.

34.3 PURPOSE.
The law primarily imposes registration and reporting restrictions on lobbyists and their clients the purpose of which is to better regulate lobbying activities.
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34.4 REGISTRATION REQUIREMENTS.
All lobbyists must register on or before the date their lobbying activities begin. A University employee is prohibited from lobbying on behalf of the University, unless the employee's registration includes a statement designating the employee as its representative. Executive Branch lobbyists must register with the Iowa Ethics and Campaign Board. Legislative Branch lobbyists file with the Secretary of the Senate or the Chief Clerk of the House. Legislative Branch registrations expire at the beginning of each session. Executive branch registrations expire at the end of each calendar year. Changes must be registered within ten days once known to the lobbyist. The lobbyist may cancel the registration if service concludes before the expiration.
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34.5 REPORTING REQUIREMENTS FOR LOBBYISTS.
As applied to University faculty and staff, lobbyists must report the names of clients, contributions to candidates for State Office during the months the General Assembly is not in session, contribution recipients, and the lobbyist's expenditures for direct lobbying. Legislative lobbyists must file reports not later than twenty-five days after the end of each month during the legislative session, and thereafter by July 31, October 31, and January 31. Executive Branch lobbyists must file reports by April 30, July 31, October 31, and January 31 for the preceding calendar quarter.
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34.6 REPORTING REQUIREMENTS FOR CLIENTS OF LOBBYISTS.
Clients of lobbyists must report information regarding salaries, fees, and retainers paid for lobbying during the preceding six months. Reports are due January 31 and July 31. The January 31 report must provide cumulative totals of reimbursements, salaries, fees, and retainers for the preceding year. Clients of Executive Branch lobbyists must file reports with the Iowa Ethics and Campaign Board. Legislative Branch clients report to the Secretary of the Senate or the Chief Clerk of the House.
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34.7 REGISTERING AS A LOBBYIST.
Amendments made in 1993 exclude from the lobbyist definition "persons whose activities are limited to appearances to give testimony or provide information or assistance at sessions of committees of the general assembly or at public hearings of state agencies or who are giving testimony or providing information or assistance at the request of public officials or employees." This eliminates the need for most faculty, staff, and administrators to register. However, those employees whose lobbying activities fall outside of this exclusion must comply with the registration requirements outlined in II-34.4.
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34.8 LOANS PROHIBITED.
A public official or state employee may not seek or accept loans from a lobbyist nor may a lobbyist offer loans to state officials or employees, unless made in the ordinary course of business.
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34.9 BAN ON CERTAIN LOBBYING ACTIVITIES.
Section 68B5(A) of the Iowa Code prohibits lobbying by executive or administrative heads or deputy or executive or administrative heads of the University for two years after service. The law also prohibits compensation of a former state employee for two years after employment ceases in connection with any matter in which the person was "directly concerned and personally participated during employment."
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34.10 ENFORCEMENT.
Civil and Criminal Penalties: Civil and criminal penalties may be imposed for violating Chapter 68B. The Ethics and Campaign Disclosure Board administers Chapter 68B and processes civil complaints. It may impose a maximum civil penalty of $2,000 for each violation, and/or recommend removal or suspension from office. A criminal conviction of the lobbying regulations of Chapter 68B is a serious misdemeanor for which a penalty of imprisonment for one year and a $1,000 fine may be imposed.
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(See IC 68B.)


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Page last updated June 2014 by Office of the Senior Vice President for Finance and Operations