Q: I know in Illinois you must register prior to any lobbying activity. Does this mean I must register as a lobbyist before communicating with any government agency?

A: You are correct in saying Illinois requires registration as a lobbyist prior to engaging in lobbying activity. However, registration is only required if the activity within the state meets the definition of “lobbying,” which does not cover all communications with a government office.

In fact, the Lobbyist Registration Act only covers communications with a specific list of high-level government officials at both the state and local levels. So, communications with individuals not included in this list would not be considered “lobbying” under the Lobbyist Registration Act and would, therefore, not require registration.

This list of officials are as follows:

• The Governor, Lieutenant Governor, Secretary of State, Attorney General, State Treasurer, and State Comptroller;
• The Chiefs of Staff and Deputies of each of the above officials;
• Cabinet members of any elected constitutional officer, including Directors, Assistant Directors and Chief Legal Counsel or General Counsel;
• Members of the General Assembly;
• Members of any board, commission, authority, or task force of the State authorized or created by State law, by executive order of the Governor, by a local ordinance, or by order of a mayor or village or town president;
• Mayors, presidents, aldermen, commissioners, and trustees of a city, village, or town; and
• County and township board members and countywide and township elected officials.

So, if you are communicating with government agencies in Illinois, whether you will be required to register as a lobbyist depends on with which individuals you will be communicating. So, it is vital to keep in mind which individuals are covered by the Lobbyist Registration Act to ensure full compliance.

More information about this topic can be found in the Lobbying Compliance Guidebook on the State and Federal Communications subscriber website by selecting Illinois from the list of states.

Q: I heard some jurisdictions have training requirements for registered lobbyists. What do I need to do to comply with these requirements?

A: Yes, you are correct. However, these requirements can vary greatly depending on the jurisdiction.

For example, Maryland requires you to complete your initial training within six months of your initial registration date and subsequently within each two‐year period following the date of your most recently completed training course. When filing your registration, you will need to certify you are current and compliant with this biennial training requirement or you have been registered for less than six months and will complete the training within the initial six-month period. Failure to comply with this requirement can result in fines or even suspension of your registration.

On the other hand, Illinois requires its registered lobbyists to complete an annual ethics and an annual sexual harassment training as part of the registration process. Per Illinois’s Lobbyist Registration Act, a registration is not deemed to be complete until the training has been completed. As such, the training must be completed prior to engaging in lobbying activities. Further, since the training requirement is necessary to complete your registration, the training must be completed even if you terminate your registration prior to completing the registration.

As another example of training requirements, Chicago also has a mandatory annual training requirement for its registered lobbyist. However, the annual training must be completed by June 30 of every year for the 12-month period from July 1 through June 30. The Board of Ethics can assess fines of $250 for each day the training remains incomplete.

The key to maintaining training compliance is understanding these training requirements can be different for each jurisdiction in which you lobby. So, it is imperative to familiarize yourself with each relevant jurisdiction’s requirements, including the timing and frequency of the training, to ensure full compliance.

More information about these topics can be found in the Lobbying Compliance Guidebook on the State and Federal Communications subscriber website by selecting the desired jurisdiction from the list.

Gov. Jim Justice vetoed Senate Bill 729, citing technical errors in the bill.

Gov. Justice plans to call a special session of the West Virginia Legislature to address the errors in the economic development bill, which creates a self-sustaining loan fund managed by the West Virginia Economic Development Authority.

The special session will coincide with the Legislature’s interim meetings scheduled between April 24 and April 26.

Florida Gov. Ron DeSantis has vetoed Senate Bill 102 establishing the new congressional districts, citing the new maps were in violation of the 14th Amendment.

Further, Gov. DeSantis has called a special session of the Florida Legislature to address the rejected maps.

The special session will convene on April 19 and can adjourn no later than April 22.

Gov. Glenn Youngkin announced a special session of the Virginia General Assembly to convene on April 5.

The General Assembly will finalize the biennial budget which was left unfinished when they adjourned on March 12.

The General Assembly will also consider Youngkin’s proposed three-month gas tax holiday.

The Court of Appeals of Maryland issued an order postponing the 2022 primary elections.

Originally scheduled for June 28, the state’s highest court has moved the elections to July 19 due to ongoing legal challenges to the 2022 legislative redistricting plan.

There is a concern that a midsummer date could negatively affect local election boards’ ability to obtain the necessary personnel to run the election.

Additionally, some have expressed concern that this may cause confusion amongst voters, while others have welcomed the postponement as an opportunity to better educate voters on the issues and candidates ahead of the primary election.

The 2022 session of the Florida Legislature adjourned sine die on March 14.

Originally set to adjourn on March 11, the session was extended to enable the passage of the state’s $112 billion budget, which passed with bipartisan support.

However, most of the notable bills passed were approved along party lines, including a 15-week abortion ban, the “Don’t Say Gay” bill, the “Stop WOKE Act” and the creation of an election police force.

The 2022 session of the West Virginia Legislature adjourned sine die on March 12.

Key measures passed include the $4.65 billion state budget and Senate Bill 4, which repeals the state’s ban on nuclear power plants first established in 1994.

Additionally, a proposed amendment to the state constitution shifting the power of public education policy and rule decisions from the Board of Education to state lawmakers was passed.

This proposed amendment will be submitted for voter ratification on November 8.

The 2022 session of the Virginia General Assembly adjourned sine die on March 12, but failed to complete and pass the biennial budget.

Gov. Glenn Youngkin is expected to call a special session to enact a budget once lawmakers have reached an agreement.

Passed bills included Senate Bill 57 to provide an exception to gift restrictions for certain tickets and admission if performing official duties; and House Bill 125 to impose a $10,000 penalty for illegal negative campaign advertisements.

Both bills now await gubernatorial action by Youngkin.

This does affect lobbyist reporting.

The lobbyist gift notification to public officials is due on April 2.

Following an ethics workshop discussing recommendations by the city’s Independent Ethics Board, the Tallahassee City Commission voted to move forward with introducing ordinances amending the city’s ethics code, including a ban on contingency lobbying.

However, the commission declined to move forward on other recommended changes to lobbying laws including changes to the definition of lobbyist; a lobbyist contact log requirement; and a charter amendment to give the Independent Ethics Board direct oversight over lobbyists.

Tennessee Rep. Robin Smith has resigned effective immediately after being charged with federal wire fraud for allegedly taking kickbacks from a campaign vendor.

Smith was elected to the House District 26 seat in 2018.

The Tallahassee City Commission is holding an ethics workshop to discuss and consider several proposed changes to the city’s ethics ordinances.

The proposals by the city’s Independent Ethics Board include clarifying the definition of lobbyist and expanding disclosure requirements.

Other proposals include broadening the board’s jurisdiction and the city’s whistleblower protections.

Secretary of State Brad Raffensperger announced a special election for Georgia House District 45 will be held on April 5 with a runoff to be held on May 3, if needed.

The seat was vacated when Rep. Matt Dollar resigned to accept a position with the Technical College System of Georgia.

Rep. Matt Dollar announced his resignation from the Georgia House of Representatives.

The resignation comes after he accepted a position as deputy commissioner of economic development for the Technical College System of Georgia.

Dollar previously announced he would not seek reelection after his District 45 seat was drawn into another district during last year’s redistricting process.

Gov. Brian Kemp is expected to set a special election date for the remainder of the term before the new district maps go into effect for the general election in November.