Q: I am an in-house lobbyist and frequently like to meet with legislators to build relationships. If I am not lobbying on any issues, do I still need to worry about registration requirements? 

A: You should absolutely be thinking about registration requirements anytime you interact with public officials or employees.  Many states require registration for goodwill lobbying.

Goodwill lobbying is covered under the definition of lobbying in several states. The following states require lobbyist registration for goodwill activities: Alaska, Connecticut, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Maryland, Minnesota, Missouri, New York, North Carolina, Oregon, Pennsylvania, Tennessee, Texas, and Vermont.

Some states go as far as defining the specific conduct constituting goodwill lobbying. Registration in Connecticut is required for “door opening” when an influential individual interacts with a state agency on behalf of a client. The Tennessee Ethics Commission has said that “getting to know” or “building rapport” is considered lobbying in the state of Tennessee and is subject to all registration requirements.

Oregon defines, goodwill, as used in the definition of lobbying, as kindness, friendliness, benevolence, or generosity by a person or entity directed toward a legislative official that could cause the legislative official to have a favorable impression of, or thankfulness to, the person or entity.

It is always a good idea to check the jurisdiction’s specific registration requirements on our website prior to communicating with officials.

You can find this information under the “Registration” section of the U.S. Lobbying Compliance Laws online publication.

What are your areas of expertise?

I work in the compliance department providing guidance regarding lobbying compliance.

How long have you been with State and Federal Communications?

I have been with the company for seven years.

How do you help our clients?

I help our clients navigate state and local lobbying laws. I also file their lobbying reports and registrations.

Q: I am a registered lobbyist in Tennessee and my employer is planning to invite the entire membership of the general assembly to an in-state reception with food and beverages provided. Is this allowed and is there anything else I should know to make sure I am compliant with state laws?

A: Yes, the event is permissible, but there are important reporting requirements to follow.

Lobbyists and employers of lobbyists may provide entertainment, food, refreshments, etc. in connection with an in-state event to which the entire membership of the general assembly has been invited. For 2023 events, the cost per person may not exceed $73 per day.

The lobbyist or employer of lobbyist must file a copy of the invitation with the Ethics Commission at least 7 days before the event and must file an In-State Disclosure form within 30 days after the event detailing the per-person and total cost of the event.

The aggregate total of all in-state events is also reported on the semi-annual lobbyist employer reports.

Proper gift disclosure can involve more than simply including the gift on your normal lobbying disclosure report. It is always a good idea to check the jurisdiction’s specific disclosure requirements on our website prior to giving a gift.

Question: I am planning to give a state legislator a permissible gift. I know I need to include it on my next lobbying disclosure report. Do I need to worry about anything else to make sure I am compliant with state laws?

Answer: Yes, some states have additional requirements when an expenditure is made on a covered state official or employee. You may be required to provide the official with a notification or file additional reports.

California requires filers reporting gifts aggregating $50 or more in a calendar year to an official to provide the beneficiary with the date and amount of each gift reportable and a description of the goods or services. This information must be provided to the beneficiary within 30 days following the end of each calendar quarter in which the gift was provided.

In Virginia, lobbyists must send each legislative and executive official who is required to be identified by name on schedule A or B of the Lobbyist’s Disclosure Form a copy of schedule A or B or a summary of the information pertaining to that official. Notifications are due to the official by January 10 for the preceding 12 months. Additionally, lobbyists must send post-session notifications to covered officials summarizing all gifts made by the lobbyist during the period beginning on January 1 complete through adjournment sine die of the regular session.

Maryland requires additional reporting for certain permissible expenditures. A lobbyist who invites all members of a legislative unit to a meal or reception must, at least five days before the date of the meal or reception, extend a written invitation to all members of the legislative unit and register the meal or reception with the Department of Legislative Services on Form 13E by filing the report electronically. A post-event filing is then required within 14 days after the date of the meal or reception meal or reception.

Proper gift disclosure can involve more than simply including the gift on your normal lobbying disclosure reports. It is always a good idea to check the jurisdiction’s specific disclosure requirements on our website prior to giving a gift.

You can find this information under the “Reports Required” section of the U.S. Lobbying Compliance Laws online publication.