August 7, 2012 •
Ask the Experts – Reporting State-Level Lobbying When You Have Contracts with State Agencies
Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.
Q. My company has existing, ongoing contracts with various state agencies. Sometimes, I have discussions with employees of these agencies (technicians, managers, and directors) regarding their use of my company’s products. Do I have to register and report as a lobbyist?
A. As a general rule for state-level lobbying, as long as discussions are limited to the evaluation and servicing of existing contracts, this type of activity will not typically be considered lobbying, the definition of which often includes influencing executive branch action.
However, in some states, executive branch action encompasses the state’s procurement process, including decisions to modify, extend, expand, or renew existing contracts. Once discussions of this type occur, lobbyist registration and reporting may be triggered, depending on the state’s specific time and expenditure thresholds. Every state has different thresholds, and requires its own specific analysis.
Here are some important things to track when evaluating whether you need to be registered in a specific jurisdiction:
- Who are you talking to? In jurisdictions requiring registration for procurement lobbying, registration may hinge on whether the agency employee is considered a covered official. In some states, covered official is broadly defined to include all employees, while other jurisdictions require registration and reporting for attempting to influence directors or other major decision makers.
- How many contacts have you had with the agency? How much time have you spent? Some jurisdictions require registration before the very first contact, while other jurisdictions require registration and reporting once you spend a certain amount of time engaging in procurement lobbying. You may need to determine your pro-rata share of compensation for time you have spent preparing for and engaging in the communication.
- Is there a pending RFP or a contract renewal on the horizon? In some jurisdictions, the timing of your conversation with an agency official is important. Is there a pending decision before the state agency which would affect your company’s bottom line? If so, registration as a lobbyist may be required before engaging in communication which could be perceived as influencing the decision making process.
- Did you expend any money on behalf of agency employees or officials? In some jurisdictions, registration may be triggered by expenditures on behalf of employees or officials.
You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: marketing@stateandfed.com.
(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.
June 7, 2012 •
Ask the Experts – Do I need to register as a lobbyist?
Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.
Q. I am not currently registered as a lobbyist and I would like to send a letter to all state legislators in support of pending legislation. Do I need to register as a lobbyist?
A. The act of sending a letter in support of or in opposition to legislation can be enough to trigger the lobbyist registration requirement in a state. Whether or not registration is required is dependent upon the lobbyist registration threshold in any given state.
Some states have thresholds based on the definition of lobbying whereby engaging in a lobbying activity will require lobbyist registration. For example, in a state where registration is required upon receipt of compensation to encourage the passage, defeat, approval, or modification of legislation by members of the legislature, lobbyist registration would be required prior to sending the letter. Iowa is an example of this type of state.
Other states have thresholds based on the amount of time spent lobbying or preparing to lobby. In Maine, an individual is permitted to spend eight hours lobbying before registration is required. In such a state, tracking your time while preparing the letter will be important in determining if registration is required.
Please consult the lobbyist registration threshold in your jurisdiction prior to sending any correspondence to a public official.
You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: marketing@stateandfed.com.
(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.
May 1, 2012 •
Ask the Experts – How to Report Travel Expenses
Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.
Q. Some of the state lobbying reports ask about my travel expenses. What does this include?
A. “Travel expenses” is a phrase used by several states. It can refer to two different types of expenditures.
Some states require the disclosure of personal, reimbursed expenses incurred while lobbying. This would include food and beverage, hotels, cab fare, and travel expenses for a lobbying trip. Iowa, for instance, requires lobbyist employers to disclose all reimbursements made to their lobbyists. So, if a lobbyist lives in Topeka and flies to Des Moines to communicate with a legislator, the airfare is a reportable expense. Note, however, this generally only applies if the primary purpose of the trip is lobbying as defined by the state. A trip during which the lobbying contacts made were incidental to the main purpose of the travel would usually not need reported.
Other states, however, require the reporting of airfare or other travel costs paid by a lobbyist on behalf of a legislator or other public official. In Idaho and Mississippi, for example, a lobbyist or lobbyist employer may pay for a public official to travel to an event or to the company’s facilities, and the cost of the travel must be reported.
In all of these cases, the state reports request “travel expenses.” As you can see, it is very possible for the same words to have different meanings in the eyes of different states. When in doubt, lobbyists and employers can always contact us for guidance.
You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: marketing@stateandfed.com.
(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.
December 22, 2011 •
Ask the Experts – Am I Really Required to Wear a Lobbyist Badge?
Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.
Q: I’m a registered lobbyist in many different states. I’ve noticed some states have badge requirements. Am I really required to wear a badge?
A: The 2012 registration season is upon us. As legislative sessions commence in various states, it is important to take stock of your various lobbyist registration requirements. As you probably know, it is important to timely file your registration renewal. However, there are other auxiliary requirements you must mind before you step onto capital grounds, such as your jurisdiction’s training and badge requirements.
The short answer to your question is a resounding yes—in some jurisdictions, wearing your badge is required to engage in lobbying activity. In some states, you are unable to complete your registration, or file lobbyist disclosure reports unless you pick up your name badge. Some states may require a personal visit to have your picture taken. For example, in Georgia, upon initial registration, you must visit the Georgia Government Transparency and Campaign Finance Commission to have your photo taken for your badge. For quick reference, here is a list of states where badges and/or name tags are required:
- Connecticut
- Georgia
- Kansas
- Maine
- Missouri
- North Dakota
- New Hampshire
- New Jersey
- Nevada
- Pennsylvania
- Rhode Island
- South Dakota
- Wyoming
However, in some jurisdictions, although wearing a badge is encouraged, it is not absolutely required. These states include Colorado, Illinois, Louisiana, Mississippi, Tennessee, and West Virginia.
You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: marketing@stateandfed.com.
(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.
November 30, 2011 •
Ask the Experts – Allocating Contributions Per Election
Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.
Q: I want to make political contributions to a candidate for state assembly. The limits are per election. How do I make certain the contribution is attributed to the correct election [primary or general]? Does it matter when I give the contribution in relation to the election?
A: In this situation it is important to have a “meeting of the minds” between the contributor and the candidate. The contributor’s intent should be made clear by either indicating the name of the election on the memo line of the check [e.g., 2012 Primary Election], or including a cover letter with the check, or both. The cover letter can contain language specifically earmarking the contribution for the intended election. Using these precautions should prevent the candidate from allocating the contribution to an election different from the one intended by the contributor, thereby resulting in a violation of the per election contribution limits. It is not unusual for a candidate to file his pre- or post- election reports disclosing aggregate contributions from a donor in violation of the per election limit. The candidate allocated two or more checks to one election, but the contributor intended one check for the primary and one for the general.
Furthermore, a contributor must be aware of the timing of the contribution. For instance, in New Jersey, you only have 17 days after an election to make a contribution for that particular election; otherwise the contribution is automatically applied toward the next election, regardless of the contributor’s intent.
You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: marketing@stateandfed.com.
(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.
October 27, 2011 •
Ask the Experts – It’s Football Time!
Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.
Q: I am a registered lobbyist who would like to host a state legislator at a college football game. Are there specific restrictions to this type of gift?
A: The most common gift restrictions are those relating to food and beverage. Providing tickets or admission to a football game is a different type of gift, referred to as entertainment or hospitality.
Some jurisdictions do not restrict providing entertainment at all. Pennsylvania does not restrict a lobbyist providing hospitality to an official. However, Pennsylvania does require the lobbyist’s principal to report the gift of hospitality, even itemizing it if the aggregate of all gifts to the official is more than $650 in a calendar year.
Other jurisdictions allow a lobbyist to provide entertainment up to a certain amount. In Texas, a lobbyist may provide expenditures for entertainment of $500 or less in a calendar year. Ohio permits a lesser amount. Lobbyists may provide Ohio officials gifts worth an aggregate annual value of $75 or less. Like Pennsylvania, both Texas and Ohio require the gift to be reported.
Louisiana specifically prohibits providing tickets to sporting events except for a very narrow exception. Other jurisdictions do not specifically mention entertainment or hospitality, but generally restrict these gifts to officials. Though a big football state, Wisconsin generally prohibits all gifts to officials.
The question reinforces the idea that a lobbyist must understand all of a jurisdiction’s gift restrictions, not just those that pertain to food and beverage. When considering any dollar value limitation on entertainment or hospitality, be sure to consider the proper method to value the gift in that jurisdiction. For example, the cost of a football ticket for ethics purposes could be its face value or its fair market value.
You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: marketing@stateandfed.com.
(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.
September 28, 2011 •
Ask the Experts – Keeping Track of Reportable Expenditures in Indiana
Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.
Q. I’m registered as a legislative lobbyist in Indiana. How should I keep track of reportable expenditures for my upcoming report due in November?
A. The Indiana Lobby Registration Commission (ILRC) is currently in the process of reviewing the reporting guidelines for lobbyist expenditures and gifts. As fall kicks off and the November reporting deadline will soon be upon us, it is important to review key reporting changes.
Specifically, the ILRC does not consider a meal expenditure on behalf of a legislator to be a gift, but instead, an entertainment expenditure, as long as the lobbyist is present when the meal is consumed. Per the ILRC’s reporting guidelines, please make sure you save an itemized receipt outlining the exact cost of the meals associated with reportable legislators. Here are some important things to remember regarding entertainment expenditures, including meals:
- When determining how much to attribute to a particular legislator, only direct costs must be associated with the legislator. Unlike most states, determining a pro-rata cost of an official’s meal by dividing the bill by the number of people present is not permissible. Instead, you must save an itemized receipt, and attribute only the amount of the specific items ordered for that particular legislator. Tax and tip must be appropriately allocated as well.
- If you are not present when making an expenditure, this qualifies as a gift, and is subject to special reporting guidelines. Starting with this reporting period (form was not developed until late April), a gift report must be submitted if a gift is given to a legislator equaling $50.00 per day, or $250.00 in the aggregate. This report is due 15 business days after the gift is given. A copy must be sent to the legislator who is named in the report. Moreover, informed prior consent must be obtained from the legislator before the gift is given.
You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: marketing@stateandfed.com.
(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.
August 3, 2011 •
Ask the Experts – Lobbyist’s Personal Delivery of Political Contributions
Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.
Q. Are there prohibitions on registered lobbyists hand-delivering a political contribution check [personal, corporate, or PAC] to a candidate at the candidate’s fundraiser?
A. Forty-six states do not regulate the personal delivery of campaign contributions by contributions. Of course, this assumes all other things being legal, such as session bans, a ban on corporate contributions, a ban on personal contributions by lobbyists, or personally delivering contributions while at the state capitol.
Alaska law provides that lobbyists may not host a fundraising event, directly or indirectly collect contributions, deliver contributions to a candidate, or participate in fund-raising activities.
Kentucky law prohibits a legislative agent from exercising control over a campaign contribution from a PAC and directing it to a specific state legislator, candidate, or committee. This prohibition includes hand-delivering a contribution.
In Maryland, a lobbyist may not, for the benefit of the governor, lieutenant governor, attorney general, or comptroller, member of the general assembly, or candidate for election to these offices solicit or transmit a political contribution from any person or political committee.
South Carolina has very strict rules governing a lobbyist’s involvement when it comes to political contributions. Not only are lobbyists prohibited from making personal political contributions — even as a constituent — they are prohibited from hand-delivering a corporate or PAC check to a candidate at the candidate’s fundraiser.
You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: marketing@stateandfed.com.
(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.
July 1, 2011 •
Ask the Experts – What to Know If You’re Not Registered
Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.
Q. I am a lobbyist but am not registered in a jurisdiction because I mainly use outside counsel and do not meet the registration threshold. Should I be concerned with any reporting requirements or other restrictions?
A. Yes, you need to be familiar with the jurisdiction’s reporting requirements. Even if you do not surpass a registration threshold, your activities may require disclosure. In Pennsylvania, a principal/company is required to report pro-rata compensation and expenses paid to non-lobbyists if they engage in lobbying activities, yet remain under the $2,500 per quarter registration threshold. Though you never engage in direct lobbying, preparation, or strategic planning with your lobbying firm, it may be reportable.
Verify the reporting of political contributions in your jurisdiction. If you are not a registered lobbyist, you may still have responsibility for directing how political contributions are distributed. Vermont, for example, requires political contributions to be disclosed on an employer’s report.
Finally, be aware of gift restrictions. You may believe it is permissible to take a public official to lunch or for a cup of coffee because you are not registered in the jurisdiction. In Massachusetts, a person not registered as a lobbyist may only provide gifts valued at less than $50 to a state, county, or municipal employee. If your company is registered as a lobbyist employer in the jurisdiction, gift restrictions may be applicable to all employees. Michigan only allows a lobbyist employer to provide gifts in a month which are valued at $55 or less. Expenditures which are reimbursed are attributable to the company in all instances. Whether these expenses require reporting will vary.
You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: marketing@stateandfed.com.
(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.
June 2, 2011 •
Ask the Experts – A Question about Gift Laws and Upcoming Conferences
Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.
Q. Summer is approaching and I will be attending conferences such as NCSL and ALEC. Can I pay for dinners with legislators and/or State Night events?
A. First and foremost, are you or your company registered to lobby in the state? Most states have more stringent gift laws applicable to lobbyists and lobbyist principals (Texas is the exception to this rule of thumb). The answer will also vary depending upon whether you are paying for a private dinner or sponsoring a State Night event. For example, taking a legislator to dinner, paying for cab fare or other transportation, or giving him a ticket to a ballgame are not considered part of the national conference agenda. Therefore, the normal gift limits will apply.
Many states have gift limit exceptions specifically carved out for expenditures at national conferences to which all members of the legislature are invited. State Night events are considered part of the conference agenda; therefore the gift limit exceptions will apply.
Although a State Night sponsorship may be permissible, it is important to determine if and when the expenditure must be disclosed. The reporting implications for such events range from simple aggregate disclosure to detailed reporting where the name of every legislator attending must be listed.
You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: marketing@stateandfed.com.
(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.
May 5, 2011 •
Ask the Experts – Rules When Accompanying a Registered Lobbyist
Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.
Q: I am a registered lobbyist. Can a company executive and/or expert accompany me to meetings with public officials without needing to register?
A: In most instances, individuals are not “insulated” from registration by engaging in lobbying activities in the presence of a registered lobbyist. California is an example of an exception to this rule. In California, an individual does not engage in direct communication when he meets or speaks with a qualifying official in the company of a registered lobbyist retained by the individual’s employer, or by a bona fide trade association or membership organization of which the individual’s employer is a member.
The answer will to depend on the jurisdiction’s registration thresholds. Often times, executives and experts will not have to register because their involvement will not meet the compensation, time, or expenditure threshold in the given jurisdiction. For example, in Connecticut, the expert would have to receive $2,000 in compensation in a calendar year before having to register. A one-time meeting with public officials would probably not exceed this threshold. Likewise, in Massachusetts, there is a statutory presumption that an individual is not a lobbyist if he spends 25 hours or less and receives less than $2,500 for lobbying efforts during any semi-annual reporting period.
The context and content of the conversation are also important in determining whether registration is required. If the executive and/or expert are merely providing testimony at a public hearing, most often this will not be considered lobbying and he will not be required to register. In some cases, as in Arizona, there are exceptions for individuals providing technical information to public officials.
It is always important to remember the “title” of the person is not relevant in determining whether he or she needs to register as a lobbyist in any given jurisdiction.
You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: marketing@stateandfed.com.
(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.
February 16, 2011 •
Ask the Experts – What Are the Rules Regarding a Lobbyist’s Personal Political Contributions?
Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.
Q. As a registered lobbyist, am I allowed to make a personal political contribution to a general assembly member whom I might eventually lobby? Does it make a difference whether I am a constituent of the general assembly member? Is such a contribution reportable?
A. As is customary in the nature of government affairs work, the answer depends upon the state in which you are making the contribution. That means you need to check the rules and regulations on political contributions for each state before you make the contribution. Also, whether such contributions are permitted or reported depends upon the amount of the contribution.
Here are some relevant examples:
- Personal political contributions by a lobbyist are reportable in Iowa, Maryland, Massachusetts, and New Hampshire. In some instances, the reporting requirement extends to a member of the lobbyist’s immediate family also making a contribution.
- In Pennsylvania, a registered lobbyist making a personal political contribution must register and report in the same manner required of PACs.
- There is an absolute prohibition on personal political contributions by registered lobbyists in Connecticut and North Carolina.
- In South Carolina, lobbyists are prohibited from making contributions to a candidate or anyone acting on behalf of a candidate if the lobbyist engages in lobbying the public office or public body for which the candidate is seeking election.
- In California, lobbyists may not contribute to state candidates or officeholders, or their controlled committees, if registered to lobby the candidate or officeholder’s agency.
- In Alaska, a lobbyist may not make a contribution to a candidate for office in a district outside the lobbyist’s own voting district. This prohibition continues for one year after a lobbyist’s registration or renewed registration date. A lobbyist who contributes to a legislative candidate must file a report within 30 days after making the contribution.
Political contributions not otherwise prohibited by a registered lobbyist could nonetheless be prohibited based on the particular state’s pay-to-play laws. Also, always make sure there are no restrictions on making the contribution during the legislative session.
Finally, it bears repeating to check the laws in the particular state before you make the contribution.
You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: marketing@stateandfed.com.
(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.
January 20, 2011 •
Ask the Experts – Disclosure of “All-Invited” Events
Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.
Q. If my employer hosts a function to which all members of the state legislature are invited, must I disclose the name of each individual legislator attending, or can I merely reference the fact that all members were invited?
A. This is a very common occurrence for most lobbyists: to pay for events where all members of the legislature, or some other identifiable group, are invited. The reporting implications for such events range from simple aggregate disclosure to detailed reporting where the name of every legislator attending must be listed. The key to accurate reporting is to know how the state defines “all invited” and whether it takes into consideration any type of “sub-group.”
Here is a representative summary of the varied reporting requirements you might encounter with this type of event:
Arizona – All expenditures incurred by a principal or lobbyist for a special event for legislators – including parties, dinners, athletic events, entertainment, and other functions – to which all members of the legislature, either house of the legislature, or any committee of the legislature are invited must be reported. These expenditures do not have to be reported based on the cost per legislator. However, a description of the event, date and location of the event, number of persons invited, and total expenditures must be reported.
Arkansas – A “special event” is a planned activity to which a specific governmental body or identifiable group of public servants is invited. One of the unique aspects of Arkansas disclosure in this situation is that if the event has multiple co-hosts, the names of all other lobbyists sharing in the cost of the event must be reported.
Also in Arkansas, hospitality rooms may be reported as a “special event” provided the lobbyist invites specific governmental bodies or identifiable groups of public servants. When reporting hospitality room expenses, the lobbyist must itemize the date the hospitality room was open; the name of the event hosted; the exact amount paid by the lobbyist towards the total expenditure for the hospitality room; and the names of all other lobbyists sharing in the cost of the room.
Georgia – Aggregate expenditures on food, beverages, and registration at group events to which all members of an agency, including the legislature and its committees and subcommittees, are invited must be disclosed. Also, if an expenditure is made on behalf of a public official and is simultaneously incurred for an identifiable group of public officials, the individual identification of whom would be impractical, the name of the individual official need not be disclosed. A general description of the identifiable group will suffice.
Louisiana – For legislative lobbying, the following must be invited before invoking group disclosure: the entire legislature; either house; any standing committee; select committee; statutory committee; committee created by resolution of either house; subcommittee of any committee; recognized caucus; or any delegation thereof. Disclosure includes the name of the group invited; the amount, date, and location of the event.
For executive branch lobbying, group disclosure is when more than 25 executive branch officials are invited to a reception, social gathering, or other function. The name of the event, amount, date, and location must be reported.
Utah – In Utah, food or beverage expenditures must be reported if the aggregate daily expenditures benefitting the public official are greater than $25, unless the food or beverage is provided in connection with an event to which all of the members of the legislature, a standing committee, interim committee, legislative task force, or a party caucus are invited.
Washington – Washington does not provide for group reporting. Even if all members of the legislature, or all members of any sub-group within the legislature, are invited, every individual person must be listed by name if the expenditure exceeds $25 per occasion (which it usually does when group events are involved).
If two or more lobbyist employers share the expenses of a reception or other entertainment event, the lobbyist primarily responsible for organizing the event must disclose on his or her monthly L-2 report the names of the legislators (and members of their immediate families) attending the group event. Rather than duplicating this list of attendees, the L-2 reports filed by the lobbyists of the other employers sponsoring the event may make reference to the lobbyist’s report that contains these details.
We have not listed rules for all the states, only examples of some states. If you have a question on a state not listed here, please contact us directly at 330-761-9960.
We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need. Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.
January 6, 2011 •
Ask The Experts – Beyond Registration, What Are the Requirements?
Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.
Q. Once I complete my lobbyist registration, what other obligations do I have in my state?
A. Filing lobbyist and/or principal disclosure reports is the bare minimum requirement in many states. In addition, you may be required to obtain an ID badge. Some states require mandatory lobbyist training on a regular basis. Most often, this can be done online. To date, the states requiring this are: Alaska, California, Illinois, Louisiana, Maryland, Massachusetts, Tennessee, Utah, and West Virginia.
Many states have different gift law limitations for lobbyists. For example, in Texas lobbyists are permitted to give gifts of $500 or less, while public servants may accept non-cash item of less than $50 from non-lobbyists.
In addition to reporting requirements, states may require pre- or post-notification to officials when an expenditure has been made on his/her behalf which is disclosed on a lobbying report. In Illinois, a lobbyist who makes an expenditure on behalf of an official must inform him/her, in writing, at the time the expenditure.
We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need. Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.
Amber Fish Linke is the Compliance Manager for State and Federal Communications, Inc.
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.