The Michigan Bureau of Elections posted the Lobby Registration Act 2023 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 $675 to $725.

Exempt expenditures increased from $14 to $15. The registration threshold for an employer making lobbying expenditures increased from $2,675 to $2,900 for any 12-month period.

The financial transaction threshold between a registered employer or lobbyist and a public official increased from $1,350 to $1,450.

The reporting threshold for travel and lodging reimbursements increased from $875 to $950.

Monthly food and beverage expenditures allowance for a public official increased from $66 to $72, and the threshold for food and beverages purchased between January 1 and end the reporting period increased from $400 to $450.

Employee reimbursements increased from $27 to $29, and the general gift threshold also increased from $66 to $72.

Late filing fees increased from $27 a day up to a maximum of $810, to $29 a day up to $870 maximum.

Q: I have taken on a new role handling our company’s government outreach in Florida. I will likely be lobbying both state and local officials. Where do I get started?

A: Florida offers a labyrinth of compliance issues for state and local lobbyists. The decentralized nature of the regulatory landscape means you may need to register at the state level, as well as in each individual city or county where you will be active.

At the state level, registration is required prior to engaging in lobbying activities. This includes any attempt to obtain the goodwill of a legislator, executive official, or employee of either branch. Registrants must select whether they will be lobbying the Legislative Branch, Executive Branch, or both. Activity reports for the state are limited to lobbying firms, who must disclose compensation received on a quarterly basis. Gift disclosures may also be required for any registered lobbyist, but we will discuss these in a moment.

Engaging with city or county officials is where staying compliant can be complicated. Most cities and counties have their own registration and reporting ordinances. Luckily, a general theme throughout is the requirement to register prior to engaging with officials. Most locales require annual registration, for either the calendar year or fiscal year, and reporting of lobbying activities. Be careful here to note the reporting periods as they can differ from the registration period. Some cities, such as Orlando, do not require the submission of a report if no expenses were incurred during the reporting period.

Also, be sure to note additional requirements such as meeting logs, lobbyist trainings, or registrations with subgroups of a municipality. For example, Miami-Dade County Publics Schools has its own registration requirement separate from Miami-Dade County.

Finally, whether you are registered with the state or a municipality, state statutes require quarterly disclosures of gifts to certain officials and employees. These reports include gifts valued at more than $25 given to officials or employees who file financial disclosures with the state; however, no such report is required if no reportable gifts were given. And, as always, please be sure any gift is permissible according to the relevant ethics rules.

For more information, be sure to check out the “Registration” and “Reports Required” sections of the Lobbying Compliance Laws online publication for Florida and its municipalities. If you have any questions, please feel free to learn more and contact us at www.stateandfed.com

The Illinois House of Representatives passed Senate Bill 539 with the amendatory veto issued by Gov. JB Pritzker.

The bill passed along party lines in a vote taken September 9, after it was rejected in an earlier vote last week.

The bill, which now goes back to Pritzker for his signature, expands state lobbyist registration requirements to the local level; prohibits all fundraising statewide during legislative sessions; expands revolving door restrictions; and requires certain consultants hired by a lobbyist or lobbying entity to register and report.

If signed, the bill will be effective January 1, 2022. 

The Illinois House of Representatives has returned to Springfield for a special session starting at noon today to consider urgent energy legislation and vote on the amendatory veto of Senate Bill 539 issued by Gov. JB Pritzker in August.

The Senate adopted the change on August 31, but the House rejected the change with a vote taken late in the evening after some members had left the session.

The bill expands state lobbyist registration requirements to the local level; prohibits all fundraising statewide during legislative sessions; expands revolving door restrictions; and requires certain consultants hired by a lobbyist or lobbying entity to register and report.

If the Amendatory Veto is accepted the bill will be effective January 1, 2022. 

The Board of County Commissioners have adopted Ordinance 21-73 adding additional requirements to the registration and reporting of lobbyists communication with the Miami-Dade County.

The new requirements include requiring lobbyists to disclose the specific issues they are lobbying, lobbyist registration to be amended within 15 days to ensure accuracy, and requiring lobbyist expenditure reports to be filed even if there were no expenditures.

The Maine Legislature adjourned sine die Tuesday, March 30.

During the session, the Ethics Commission proposed Legislative Document 670 to increase the annual registration fees for lobbyists from $200 to $250 and lobbyist associates from $100 to $125.

The bill would have raised lobbyist registration fees for the first time in over 20 years but did not pass in the first regular session.

The Legislature also scheduled a special session to convene on April 28 regarding a proposed supplemental budget.

This does affect lobbyist reporting.

A registered lobbyist is required to file monthly reports beginning the month they register through the lobbying year.

However, after the legislative session is concluded, if the lobbyist anticipates no further lobbying for a client, the lobbyist may file a request for a non-session waiver with their final monthly report for the session.

The City Council in Aurora, Colorado passed an ordinance to create lobbyist registration and reporting requirements in the city.

Ordinance 2021-08 requires lobbyists to register their clients and income with the City Clerk and submit quarterly, detailed activity reports by January 15, April 15, July 15 October 15 of each year.

City council members, city staff, commission members, and zoning officials will also have to disclose activities with lobbyists.

Lobbyists who do not comply with the regulations could lose the ability to influence city officials on matters from development to zoning rules, permits, and city contracts, face possible expulsion and up to $2,500 fines per charge.

The ordinance passed on March 22 with one nay vote.

Ordinance 21-08 will become effective on August 1, 2021. This effective date was suggested to allow time for the implementation of a platform the city will use for reporting and developing training materials.

The Nevada Legislative Counsel Bureau activated the lobbyist registration function on their website due to the passage of Assembly Bill 110.

Lobbyists will now be able to complete registration statements for the 81st Session of the Nevada Legislature.

Pursuant to Assembly Bill 110, a lobbyist must file a registration statement not later than 14 days after March 18, 2021, or not later than 2 days after the beginning of the person’s lobbying activity, whichever date is later.

A lobbyist must also include in the first report filed after March 18, 2021, information concerning the person’s lobbying activities during the period beginning on February 1, 2021, and ending on March 18, 2021.

Lobbyist registration statements and reports can be filed at https://www.leg.state.nv.us/Lobbyist.

The Boston Municipal Lobbying Compliance Commission recently adopted lobbying regulations to complement the city’s lobbyist registration and regulation ordinance.

Effective immediately, clients or lobbying entities required to file reports must itemize all expenditures exceeding $35 on any day during a covered reporting period.

Expenditures not exceeding $35 on any day must be reported but is not required to be itemized.

For the purposes of lobbying, expenditures are any expense incurred or paid separately by a lobbying entity or client during the reporting period in connection with each decision, legislation, legislative action or administrative action of a city employee that it sought to promote, oppose or influence and the total amount thereof incurred or paid separately by such lobbying entity or client during the reporting period.

Expenditures include operating expenses such as the cost of clerical and administrative staff salaries or wages, equipment, and facilities related to a lobbying entity or client engaging in lobbying activity and specific expenditures for lodging, meals, gifts, transportation, entertainment, advertising, public relations, printing, mailing, and telephone.

The regulation also provides a definition for compensation; a lobbyist registration exception for technical service experts; fee waiver requirements; and authorizes the commission’s power to initiate a formal investigation, hold hearings, issue decisions, and enforce penalties.

A one-time grace period for lobbyists to register in the Canadian territory of Yukon ended on January 13.

On October 15, the Canadian territory of Yukon’s new and first lobbying law came into force with the online Yukon Lobbyist Registry becoming live. All lobbyists were given a one-time only grace period of 90 days to understand their requirements and to register. Both consultant lobbyists and in-house lobbyists are required to register under Yukon’s lobbying law. As of January 12, four consultants and five in-house lobbyists have registered, according to the Yukon News.

Registration is required for individuals communicating with a public office holder, directly or through grassroots communications, in attempts to lobby. Additionally, a consultant lobbyist is required to register when arranging a meeting between a public office holder and any other person for the purposes covered by the Act.

Now, in-house lobbyists must register no later than 60 days after meeting the law’s threshold for registration. Consultant lobbyists must register no later than 15 days after starting an undertaking on behalf of a client.

Penalties for violations of the Lobbyist Registration Act include fines up to $25,000 for the first violation and up to $100,000 for each subsequent violation.

The Nashville Metro Board of Ethical Conduct has adopted a new lobbyist registration form.

The form, which is now available online, must be filed along with the written client authorization via email to the Metro Clerk’s Office until the new online registration portal is launched.

The Metro Clerk’s Office will begin accepting the new form on December 15 for continuing lobbyist engagements for 2021, which must be filed by December 31.

No new registrations will be accepted until December 15 and will be treated as a continuing registration for 2021.

The Metro Council has also increased the registration fee to $100, which must be hand delivered to the Metro Clerk’s Office or sent via U.S. mail.

Additional information is expected to be made available online on or about December 15.

The Ohio Joint Legislative Ethics Committee published a reminder they will not accept cash, money orders, or physical checks for payment of 2021 lobbying registration fees.

The online payment portal, accessible via the lobbyist’s OLAC account was established in 2019.

Registrations fees for 2021 must be paid electronically by VISA, MasterCard, or ACH.

Lobbyists may begin renewing registrations for legislative, executive, and retirement system engagements in OLAC on December 1.

The renewal option closes January 15, 2021.

Any lobbyist who does not complete the renewal process by January 15 must file a new initial registration statement.

The registration statement requires a signature page.

The Oakland Public Ethics Commission has launched the OAKAPPS Lobbyist Registration and Reporting System.

This system allows users to register as an Oakland lobbyist, maintain a client list, enter lobbyist activity, draft disclosure reports, and submit them online.

It is available at https://apps.oaklandca.gov/OakApps/OakApps.aspx.

In order to use the system, a user name and password is needed.

For questions about using this new system, please contact the Oakland Public Ethics Commission at ethicscommission@oaklandca.gov or 510-238-3593.

This month, a group of member associations, non-profits, and businesses working within the City of Boston submitted a memorandum of legal analysis regarding the city’s Lobbyist Registration and Regulation Ordinance expressing their key concerns with the legislation.

The ordinance, passed in October of 2018, took effect on April 16, 2019 and implemented broad lobbyist registration requirements and quarterly reporting.

The submitted memorandum asserts the ordinance is overbroad and does not include lobbyist registration exceptions present in state and federal law, including the de minimis threshold for incidental lobbying activity.

The memorandum also suggests language for proposed amendments to provide clarity while continuing to promote transparency and accountability.