Effective October 1, 2024, lobbyist registration fees with the District of Columbia Board of Ethics and Government Accountability (BEGA) will increase.

Registration will increase from $250 to $350 for registrants that are not nonprofit entities.

The registration fees for nonprofit registrants will increase from $50 to $100.

This only applies to nonprofits or lobbyists who lobby only for nonprofits.

BEGA states if one lobbies for many nonprofits and only one for-profit entity, the lobbyist is required to pay the $350 registration fee for each client, even the nonprofits.

The nonprofit organizations would pay $100 for their own registration.

Additionally, late filing fees will increase from $10 per day up to 30 days to $100 per day up to 60 days for a total of $6,000 per report.

If a person continues to fail to register or file a report after fines have been assessed, BEGA may bring the matter before the Ethics Board as an enforcement matter for willful failure to file or refer the matter to the Office of the Attorney General for collection of the fine.

Miami-Dade’s clerk of courts introduced an upgrade to the online lobbyist system.

The system will have new capabilities such online fee payment, principal removal, lobbyist authorization, and contingency fee declarations without the need of paper forms.

To implement the new system, the old system will go offline on September 23 at 11:59 p.m. and will remain offline until October 1.

Access to the new system will be granted on October 2 and it is encouraged to have all critical submissions completed before the cutoff date.

Training and support resources will be available to help users get acquainted.

Finally, if registration is required during the black-out period, lobbyists and principals will be required to contact the Office of Clerk of the Board Division.

Q: We are currently reviewing our process for complying with the various reporting requirements established under the Lobbying Disclosure Act (LDA) and would like some advice on how we can improve our accuracy moving forward. I don’t think we have been capturing all the relevant expenditures that we need to include. Can you review what expenditures are required to be reported on the LD-2 quarterly activity report?

A: Thank you for your question. I applaud your effort to review and improve upon your existing processes.  Continually taking a look at how and what information is being compiled is an important part of any comprehensive compliance process. The LDA requires registrants to provide a good faith estimate of all lobbying expenditures within the organization on a quarterly basis. This seemingly simple requirement can prove to be somewhat complex given the number of moving parts involved in accurately reflecting reportable expenditures.

Relevant expenditures required to be included in the organization’s quarterly calculation:

1. The value (including compensation and associated overhead and expenses)  of any and all employee time spent on lobbying activities. This includes employees who spend 20% or more of their time engaged in lobbying activities (and are, therefore, listed by name on the report thereby becoming a “registered lobbyist”) and those who do not meet the statutory definition of a “lobbyist” (employees with activity below 20% during the quarter – non-lobbyists).

While it is often straightforward to collect this information for your registered lobbyists, it can be more nuanced to properly capture this activity for those folks under the 20% threshold. Non-lobbyist activity can come in many forms.  Generally, it includes direct (with a covered official) and indirect (internal or with an outside organization) communication such as planning activities, research, coordination, conference calls, meetings, strategy discussions and any other work that is undertaken to augment or further the lobbying objectives of the organization.

Examples of capturable indirect activities:

Research and/or preparation of talking points to be used in connection with a lobbying contact with a covered official.

Engaging in an internal discussion regarding strategic lobbying plan to support organization’s position on proposed legislation or administrative policy.

Drafting bill language, presentations, or letters to be shared with Covered Officials regarding federal policy or administrative actions.

CEO or other leadership meeting with or otherwise communicating with covered officials on the Hill or in the Administration.

Participation with an outside organization to accomplish any of the above listed ends.

2. Payments accrued to outside lobbyists and lobbying firms;
3. Federal lobbying portion of any dues or other payments made to trade associations, membership organizations and the like.

As you undoubtedly know, there are a variety of subtle reporting details that organizations must review and understand when establishing processes and procedures to ensure compliance with the federal law.  For tailored advice centered around your organizational realities, contact us directly for assistance. In addition, details regarding reporting requirements can be located in the Federal Lobbying Compliance Law section of our online publication resource.

The Lifetime Lobbying Ban Act was in introduced in the U.S. House of Representatives.

The short three-page bill, which would repeal the current one- or two-year waiting period for former members of Congress to work as a federal lobbyist and replace it with a permanent ban, was introduced on April 30.

On the same day U.S. Rep. Jared F. Golden introduced the legislation along with five other bills addressing governmental ethics.

These include, as described in his press release:

• The Congressional and Executive Foreign Lobbying Ban, which would ban retired members of Congress, senior executive branch officials, and high-ranking military officials from lobbying on behalf of foreign interests;
• The Stop Foreign Payoffs Act, which would ban members of Congress, presidents, vice presidents, and Cabinet secretaries, as well as their close family members, from earning a salary or holding investments in foreign businesses for as long as the official is in office;
• The Crack Down on Dark Money Act, which would end the ability of mega-donors to launder secret political activity through 501(c)(4) nonprofits by reducing the cap on political activity by those nonprofits from 50 percent of all spending to 10 percent and requiring them to disclose all donors of $5,000 or more if there are political expenditures;
• The Consistent Labeling for Political Ads Act, which would increase transparency in online political advertising by requiring social media platforms to make ad labels “sticky,” meaning they would appear on paid political content regardless of how it is shared or where it appears; and
• The Fighting Foreign Influence Act, which would require tax-exempt organizations, including think tanks, to disclose high-dollar gifts from foreign governments or political parties, impose a lifetime ban on foreign lobbying by former presidents, vice presidents, senior military officials and require political campaigns to verify online donors have a valid US address.

According to Golden’s press release, this raft of bills is part of the Government Integrity & Anti-Corruption Plan, which has the stated goal of strengthening government integrity and fighting corruption.

The Kentucky Legislative Ethics Commission reports they have lost all data from their database for employers and lobbyists back to March 18.

Any forms filed online since March 18 will need to be refiled.

This includes all March 1 to March 31 forms due on Monday, April 15.

Because of the loss of data, the Legislative Ethics Commission is granting an extension through April 30 to re-file any previously filed reports that were lost.

If you file online after Monday, April 15, the system automatically issues a late notice on your screen.

The commission indicates filers can ignore the notice.

Paper filers do not need to take any action.

Although the portal is back up and working, the commission recommends waiting until Monday, April 15 or after to re-file reports.

Additional information is available at https://klec.ky.gov/Pages/default.aspx.

The Legislature quietly adjourned sine die on March 7 after passing a procurement and campaign finance bill.

House Bill 1471 modifies the state procurement procedures and revises definitions concerning competitive, sole source, convenience, and emergency goods and services contracts.

Senate Bill 5857 reorganizes the campaign disclosure and contributions statutes through technical amendments involving campaign disclosure and contributions at the state and local levels.

These bills will now be sent to the governor for his signature.

Following sentencing of former House Speaker Mike Madigan’s chief of staff, Secretary of State Alexi Giannoulias announced a series of ethics reforms to strengthen enforcement and require more transparency and disclosure regarding the financial dealings of lobbyists.

House Bill 4591 requires lobbyists to report compensation received from clients and gives the secretary of state more authority to investigate violations of the Lobbyist Registration Act.

The bill also would allow the secretary of state to investigate anyone who is lobbying but has not registered as a lobbyist.

The office could revoke, suspend, or bar a person from lobbying for up to one year if failing to file reports or pay a fine.

Lobbyists will be required to keep records for three years, up from two, or face possible revocation of their license.

Gov. Kathy Hochul vetoed legislation inspired by the 2023 session’s chief judge battle.

Senate Bill 4152 would have required lobbying groups to disclose spending on campaigns for or against gubernatorial nominees to state office, including the nomination or confirmation of any person for a position subject to confirmation by the Senate.

Hochul’s initial nominee for chief judge of the state Court of Appeals, Hector D. LaSalle, sparked fierce efforts to support and oppose his appointment, including unregulated campaigns that sought to alter the outcome.

The groups lobbying for LaSalle’s nomination voluntarily reported their lobbying while the groups lobbying against LaSalle’s nomination declined to do so, stating there was no requirement to report.

Senate Democrats blocked the nomination of LaSalle, marking the first time the Legislature has not confirmed a candidate for the Court of Appeals.

Hochul cited significant new reporting requirements and implementation costs not already accounted for in her veto memo.

The City Council recently passed an ordinance codifying lobbyist registration fees and fee penalties.

The registration fee is $500 with a late filing fee of $10 per day for registrations and reports and a fee cap of $1,000.

The ordinance also implements a partial or complete waiver of registration fees for a local governmental lobbyist who, along with other criteria, is a salaried employee of an organization or association that is a 501(c)(3).

The ordinance also establishes a lobbyist training requirement and lobbyists must complete an online training session offered by the Public Ethics Commission with 60 days of initial registration.

Quarterly reports will now be due no later than the last day of the month following the end of each calendar quarter.

This ordinance is effective immediately.

The Bureau of Elections posted the Lobby Registration Act 2024 Reporting Thresholds, which change every year in January to reflect the change in the consumer price index for Detroit.

The registration thresholds for individual lobbyist compensation and for employer expenditures on a single official increased from $725 to $775.

Exempt expenditures increased from $15 to $16.

The registration threshold for an employer making lobbying expenditures increased from $2,900 to $3,075 for any 12-month period.

The financial transaction threshold between a registered employer or lobbyist and a public official increased from $1,450 to $1,550.

The reporting threshold for travel and lodging reimbursements increased from $950 to $1,000.

Monthly food and beverage expenditures allowance for a public official increased from $72 to $76, and the threshold for food and beverages purchased between January 1 and end the reporting period increased from $450 to $475.

Employee reimbursements increased from $29 to $31, and the general gift threshold also increased from $72 to $76.

Late filing fees increased from $29 a day up to a maximum of $870, to $31 a day up to a maximum of $930.

The Appellate Division, Third Department granted a stay and injunction in the matter of Cuomo v. COELIG.

The state Commission on Ethics and Lobbying in Government issued a statement from Chair Frederick A. Davie and Executive Director Sandford N. Berland announcing this decision allows the Commission to continue its work and fulfill its mission as the appeal works its way through the judicial process.

They also announced that registration terminations in the online lobbying application (‘LA’) have been launched for lobbyists and public corporation registrations for the 2023-2024 biennial period.

Lobbyists and public corporations wanting to terminate earlier than the end date specified in the lobbying agreement are now able to terminate the entire lobbying relationship within LA.

Additionally, the lobbying application will automatically terminate registrations with lobbying agreements that reach the end date specified in the agreement, and all registrations that reach December 31st of the second year of a biennial period, with no action required by the lobbyist or client.

A Sarasota commissioner has proposed an act to require lobbyist registration for any person hired for the purpose of lobbying.

The act is intended to diminish clandestine lobbying done in secret by private individuals.

This act will affect anyone paid to lobby the city on any matter and require them to disclose their client and the purpose of their lobbying.

The act will exempt those who are not compensated for lobbying activities or those lobbying on behalf of the community.

Finally, the act will establish a public database with a maintained list of lobbyists, their clients, and the subjects of their lobbying.

The General Assembly passed House Bill 259 on September 22.

Gov. Roy Cooper has indicated he will not veto the bill and allow the bill to become law without his signature.

House Bill 259 increases the lobbyist and principal registration fee from $250 to $500.

It also establishes an expedited pass for lobbyists and liaison personnel to accelerate entry into the State Legislative Building and the Legislative Office Building during the hours these buildings are open to the public.

The Legislative Services Commission may charge lobbyists a fee of up two $2,000 and liaison personnel a fee of up to $1,000 per pass, for each regular session.

On September 11, the City Council of Kelowna, British Columbia established a Lobbyist Registry Council Policy.

The aim stated in the new policy, Council Policy 390 Lobbyist Registry, is to promote transparency by establishing registration and disclosure requirements for those seeking to influence a decision of council.

The council chose a policy rather than enacting a by-law.

The Policy applies to all lobbyists engaging in lobbying of a council member.

Lobbying is defined as communicating verbally or in writing, or to meet with an elected official for the purpose of influencing a decision of the council. A lobbyist is defined as an individual, whether paid or voluntary, who lobbies an elected official regarding a matter within the council’s jurisdiction.

The lobbyist may represent individual interests or represent an organization, whether employed by that organization or on behalf of a different organization.

A lobbyist must register with the city within 5 days of lobbying a council member.

Each registration is considered active for six months, after which a new registration must be filed for lobbying activities.

It is anticipated that the Lobbyist Registry will be available on the city’s website in the coming weeks.