State and Federal Communications’ Experts Answer Your Questions

Question: Our company would like to engage in goodwill lobbying. Do we have to register for this activity?

Answer: Goodwill lobbying is a type of lobbying that focuses on communications with legislators and public officials to build positive relationships but not directly advocating for specific legislation or policy changes. Many states require registration for these types of lobbying communications.
In New York, registration is required for goodwill lobbying upon meeting the compensation and expense threshold of expending, incurring, or receiving combined compensation and expenses for the purposes of lobbying in excess of $5,000 in the aggregate during any calendar year. Direct lobbying includes when a person has direct or preliminary contact with a public official to enable or facilitate an attempt to influence. Preliminary contact includes when the lobbyist knows or has reason to know the client will attempt to influence a public official in scheduling a meeting or telephone call with a public official and a client, introducing a client to a public official, or any other contact with a public official on behalf of a client. A person who schedules a meeting or places a call in a purely administrative capacity is not required to be identified as an individual lobbyist; such activity is attributable to the person who directed the call to be made or the meeting to be set up. Anyone, including consultants, who contacts a public official, including preliminary communications to facilitate or enable the eventual substantive advocacy, is engaging in lobbying.
In Pennsylvania, registration is required for goodwill lobbying. Lobbying includes providing any gift, hospitality, transportation, or lodging to a state official or employee for the purpose of advancing the interest of the lobbyist or principal.
In Ohio, registration is not required for engaging in goodwill lobbying provided the individual is not promoting, opposing, advocating, or otherwise influencing legislative, executive agency, or retirement system action. Lobbying registration requirements cannot, however, be avoided simply by never referring by name to a specific legislative bill or executive agency or retirement system decision. If the goodwill activity also includes discussion regarding the generalities within any official action, lobbying registration would be required.
These are just a few examples of goodwill lobbying registrations. We advise you to follow best practices to verify the rules in your jurisdiction.

The information from this response can easily be found on our website in the Lobbying Compliance section of the United States Compliance Laws publication. Please do not hesitate to contact us if you have questions.

Q: I heard the New York State Commission on Ethics and Lobbying in Government (COELIG) was found unconstitutional. What does this mean for lobbyist and lobbyist employer reporting?

A: That is correct. On May 9, a New York appellate court unanimously upheld a lower court decision finding COELIG unconstitutional. The court found COELIG violates the governor’s ability to enforce ethics laws as many members of the commission are not appointed by the governor. COELIG will continue to promote compliance with ethics and lobbying laws and may continue to process ethics disclosures and lobbyist filings.

In New York, registered lobbyists must file bimonthly reports by the 15th day of the month following the end of the reporting period in which the lobbyist was first required to register. Reports are due for each subsequent reporting period thereafter.

Lobbyist employers must file semiannual reports for every calendar year during which the employer retained, employed, or designated a lobbyist and reasonably anticipates that during the year such client will expend or incur more than $5,000.

A lobbyist or lobbyist employer may be suspended for up to a year if they knowingly and willfully fail to file a report on time or fail to file a report at all. Any bimonthly or semiannual report not timely filed will be subject to late fees.

While the court case is going through the appeals process, COELIG was granted a stay to continue administering and enforcing ethics and lobbying laws, overseeing the filing and review of lobbying registrations and reports, providing guidance and advice, and investigating and enforcing violations of the laws and regulations under its jurisdiction. It is always good practice to make sure you are submitting reports on time.

Information to assist with your commitment to compliance, can be found in the Important Features of the Law section of State & Federal Communication’s U.S. Lobbying Compliance Laws.

What are your areas of expertise?

I am part of the compliance department and provide lobbying compliance guidance.

How long have you been with State and Federal Communications?

I have been with State and Federal Communications for over four years.

How do you help our clients?

I help answer state and local lobbying law questions from our clients. I also file lobbying registrations and reports for our clients.

Q: I heard New York has new ethics training requirements. What do I need to know to be compliant?

A: That is correct. The New York State Commission on Ethics and Lobbying in Government (COELIG) has expanded the ethics training requirements as part of the new Ethics Reform Act of 2022. All lobbyists (Principal, Individual, and In-House lobbyists), contractual clients, and beneficial clients listed on a submitted 2023-2024 Statement of Registration are required to take this new training in 2023 and certify completion of the training requirement on the Lobbying Application website. The training requirement is triggered by and applicable to those individuals and entities listed on a lobbyist or client Statement of Registration once the registration is submitted.

For the purposes of training compliance by organizations listed as a lobbyist or client, the Chief Administrative Officer of the organization is responsible for taking the training. Individuals associated with 2023-2024 registrations submitted on or before January 18, 2023, had an extended training due date of March 18, 2023. Those individuals associated with a 2023-2024 registration submitted after January 18, 2023, have 60 days from the registration submission date to complete and certify the training. Following completion of the initial training, individuals will be required to take a refresher training every three years.

Individuals may access the course through a hyperlink on the COELIG website or directly at https://lobbyingtraining.ethics.ny.gov/

Q: I heard New York City requires registration and reporting for grassroots lobbying? Who is required to register and how do I comply with all the reporting requirements?

A: Yes, if an individual’s compensation or expenditures for grassroots lobbying exceeds $5,000 in the aggregate during a calendar year. Lobbying is considered any attempt to influence city officials, therefore all grassroots campaigns would be considered lobbying. The city law reflects the existing state law requiring registration and reporting for state lobbyists.

Once a grassroots campaign reaches the $5,000 lobbying threshold, bi-monthly periodic reports, an annual report, and fundraising and political consulting reports must be filed. Fundraising and political consulting reports are filed on the same bi-monthly schedule as the periodic reports.

For the bi-monthly periodic reports and the annual report, make sure you keep track of compensation, expenses, subjects lobbied, and names of the person and agencies lobbied. For the fundraising and political consulting reports, you will need to track compensation paid for fundraising and/or political consulting activities, a list of all persons or entities contracted for the purpose of providing fundraising and/or political consulting services, and the total dollar amount raised for each candidate for which such activities were performed.

Don’t forget when it comes to websites, a social media communication constitutes a grassroots lobbying communication when:

1. References otherwise implicate an action covered by the term lobbying or lobbying activities;
2. Takes a clear position on the action question; and
3. Includes a call to action (i.e., solicits or exhorts the public, or a segment of the public, to contact a public official).

When grassroots lobbying through a social media communication is undertaken by an organization, through the organization’s social media account, this activity is reportable lobbying activity by the organization. When grassroots lobbying through a social media communication is undertaken by an individual, through their personal social media account, this activity is not reportable lobbying activity unless such individual is specifically retained by a client for such social media activity. Any expenses incurred to create, promote, place, or otherwise highlight an individual’s personal social media activity are reportable by the party incurring the expenses. A consultant’s activity on a grassroots campaign may be considered reportable lobbying if the consultant controlled the delivery and had input into the content of the message.

The Idaho Legislature voted to close down until early April after a coronavirus outbreak among members of the state House.

The recess, which will last until April 6, comes after six members in the lower chamber tested positive for the virus.

The recess will postpone debates on significant issues, including setting the state budget.

Gov. Steve Sisolak signed Assembly Bill 110, which revises the Nevada Lobbying Disclosure and Regulation Act.

The bill changes the definition of a lobbyist by removing the requirement to appear in person at the Capitol building or any other building the Legislature or their committees hold meetings.

Currently, lobbying is taking place virtually because the legislative session is closed to all but lawmakers, essential staff, and some members of the media.

However, lobbyist registration has not taken place because the definition required in-person communication.

Assembly Bill 110 became effective upon being signed by the governor.

California Gov. Gavin Newsom issued a proclamation declaring a special election for the 54th Assembly District on July 20.

The seat was vacated by Sydney Kamlager who was voted to Senate District 30.

The special primary election will be held on May 18.

The Fair Political Practices Commission (FPPC) updated their regulations regarding local campaign contribution limits due to Assembly 571.

The updates will add language to the regulations regarding candidates for elective city or county offices subject to the state contribution limits.

Those local candidates and their committees will now be subject to the regulations regarding reporting of contributions and expenditures, establishing campaign accounts, solicitation of funds, loans, terminations, and other regulations related to campaign finance.

These regulations do not apply to candidates for an elective city or county office or the candidate’s controlled committee prior to January 1, 2021.

A lawmaker facing expulsion from the state House of Representatives after women accused him of harassment is resigning.

Rep. Diego Hernandez is stepping down to allow his colleagues to focus on serving Oregonians and to move forward with his life and focus on his health and family.

The entire House was scheduled to vote as soon as Tuesday on whether to expel Hernandez.

This came after a panel of lawmakers determined he created a hostile work environment for three women.

It would have taken a two-thirds vote or 40 members of the House to expel him.

Earlier this month the conduct committee of the House had voted in favor of expelling Hernandez.

The House of Representatives introduced a bill eliminating the Office of the Commissioner of Political Practices.

House Bill 535 establishes a Campaign Practices and Ethics Review Board appointed by the Speaker of the House of Representatives, the President of the Senate, and the minority leaders.

The bill also transfers investigative duties and duties related to the filing of ethics, lobbying, and campaign finance report, statements, forms, and other documents to the Office of the Secretary of State.

Enforcement duties for ethics, lobbying, and campaign practices complaints will be transferred to the Campaign Practices and Ethics Review Board, the Attorney General, and county attorneys.

If passed, House Bill 535 becomes effective July 1, 2021.

Four conservative Nevada lobbyists are suing Gov. Steve Sisolak, Attorney General Aaron Ford, Legislative Counsel Bureau Director Brenda Erdoes, and Senate Majority Leader Nicole Cannizzaro.

They argue they are suffering irreparable harm from COVID-19 prevention rules keeping the legislative session largely virtual and barring lobbyists from entering the Legislative Building.

All four were registered lobbyists during the 2019 legislative session.

The complaint was filed in federal District Court.

The lawsuit seeks a court-ordered injunction to immediately allow plaintiffs access to the Capitol to engage in lobbying activities.

The complaint alleges the emergency orders limiting public access to the Legislature violates their constitutional rights to petition the government and free speech.

They also argue Nevada is no longer experiencing an emergency to justify the restrictions.

The 2021 legislative session has been closed to all but lawmakers, essential staff, and some members of the media.

However, officials have announced plans to vaccinate personnel next week and left open the possibility the format will relax later in the 120-day session.

Committee hearings are being conducted virtually, with lawmakers videoconferencing in from their offices rather than gathering together in committee rooms.

Lobbyists are allowed to make appointments with lawmakers through videoconference, although formal registration of lobbyists has not opened up and Assembly Bill 110 modifying lobbyist registration policies is pending.

Montana Gov. Greg Gianforte repealed two executive orders issued by former Gov. Steve Bullock.

Executive Order 15-2018 required companies to report political spending if they wanted to bid on large state contracts.

The order also required companies bidding for certain state contracts to disclose political donations made within 60 days of an election.

The second order allowed county election clerks to expand voting by mail for the November general election to help prevent the spread of the coronavirus.

The order also required counties to offer in-person voting, but it did not require polling places to be open on election day.

The Nevada Assembly has introduced a bill to revise the definition of a lobbyist by removing the requirement to appear in person at the Capitol building or any other building the Legislature or their committees hold meetings.

Assembly Bill 110 will define a lobbyist as a person who communicates directly with a member of the Legislature on behalf of someone other than themselves to influence legislative action, whether or not any compensation is received.

Currently, lobbying is taking place virtually because the legislative session is closed to all but lawmakers, essential staff, and some members of the media.

However, lobbyist registration has not taken place because the definition required in person communication.

Assembly Bill 110 will revise the definition and allow the Legislative Counsel Bureau to open lobbyist registration and begin to regulate lobbying again.