Oregon Gov. Kate Brown has signed into law a bill requiring lobbyists to file registration statements within three business days of commencing or ceasing representation of a client. The bill also requires each person employing a lobbyist to sign a designation of official authorization to lobby within 10 calendar days after the lobbyist files the registration statement.

The bill has an emergency clause making it effective immediately; however, the bill states it applies to lobbyist registration statements filed on or after January 1, 2017.

Kaua`i County lobbyists will soon be required to register with the county clerk within five days of engaging in lobbying. The mayor signed a new lobbying ordinance on March 30, after council unanimously adopted the measure the week before. The ordinance defines a lobbyist as one who is compensated for more than five hours in any month to communicate with a state or county officer or employee with the purpose of influencing any legislative or administrative action.

Spending more than $750 on lobbying during any reporting period will require registration even if the five-hour threshold is not met. Lobbyists, lobbyist employers, and individuals spending $750 or more on lobbying must file an annual statement of expenditures on or before January 31, covering the previous calendar year.

A violation of the lobbying ordinance may result in an administrative fine for each violation, as well as suspension or revocation of lobbyist registration. The lobbying ordinance is effective July 28, 2016.

House Bill 4134, a bill tightening timelines for reporting for lobbyist’s clients and lobbyist registration, has passed both the Oregon House and Senate, and will head to Gov. Brown’s desk for approval. The bill requires lobbyists to register within three business days after meeting the threshold instead of the current 10 day time period.

The bill also requires a client or employer of a lobbyist to sign an authorization for the lobbyist within 10 calendar days after the lobbyist files a registration statement.

The bill will become immediately effective if approved by Gov. Brown.

Boston Mayor Martin J. Walsh has filed a home rule petition with the City Council to establish a lobbying law for the city.

The proposal, filed with the council on February 1, requires lobbyist to register annually with the city by December 15 of each preceding year. The annual registration fee will be $1,000 for a lobbyist entity, and $100 for clients and lobbying agents. A lobbying agent is defined in the petition as “a person who for compensation or reward engages in a least one lobbying communications with a city employee.”

Activity reports are due twice a year, on January and July 15, and must include campaign contributions, client identification, “names of pieces of legislation or the decisions of the city employees” attempted to be influenced, statements of the lobbying agent’s position on the legislation or decision, the lobbyist’s compensation, and the dates of all lobbying communications.

The petition is based on the state’s lobbying law, the Boston Globe reports the mayor has said. According to the Globe, City Councilor Michael F. Flaherty Jr. said, “Let’s eliminate the hocus-pocus that used to permeate every corner of City Hall, where projects and petitions lived or died on who you knew and who you hired.”

If the home rule petition is passed by the City Council, it must then be approved by the state Legislature to become law because it includes financial penalties for lack of compliance.

Photo of Boston Mayor Marty Walsh by David Parsons on Wikimedia Commons.

County commissioners, by a unanimous vote, approved an ordinance requiring lobbyists to register and pay a yearly $50 fee. Under the previous law, lobbyists simply had to sign a registry each time they appeared to lobby.

The new law requires the lobbyist to declare who they represent, what topics they will be discussing, and with whom they are meeting. The ordinance also increases the fines for violations and increases the time lobbying privileges are suspended for repeat offenders. The definition of lobbying is also expanded to include indirect communication through emails or text messages.

The county will hold training for lobbyists in August covering the changes.

The San Francisco Ethics Commission will meet January 13, 2016, to discuss the implementation of Proposition C, the November 2015 ballot measure imposing registration and reporting requirements on expenditure lobbyists. The measure takes effect February 1, 2016.

The Ethics Commission welcomes public input on the promulgation of regulations related to the registration threshold, how to account for staff time spent on expenditure lobbying, registration fee exemptions for nonprofit organizations, and other related topics. The meeting is at noon in City Hall.

The New Jersey Election Law Enforcement Commission has approved the publication of a proposal amending lobbyist registration and reporting obligations. The proposal would require governmental affairs agents and represented entities to file all lobbying forms and reports electronically. A registration number and PIN supplied by the Commission would act as an electronic signature and acknowledgement for forms and reports submitted electronically.

Furthermore, when a group of individuals, each registered as a governmental affairs agent, together represents more than one entity, the group will be able to file a notice of representation for a represented entity on behalf of the group. Notice of termination filed by such a group would need to indicate whether termination applies the entire group or to a specific governmental affairs agent.

Additionally, the proposal would require any changes to the notice of representation to be made by electronically filing an amendment. Lastly, the proposal would also require an individual registering as a governmental affairs agent for the first time to personally appear in Commission offices to submit the annual fee and required photographs.

The proposed amendments were published in the New Jersey Register on October 19, 2015, and will be the subject of a public hearing on December 15. If approved following the public hearing, the amendments are expected to go into effect in early February.

County commissioners unanimously approved a motion by Chairwoman Sandy Murman to increase transparency for those who are paid to lobby the Commission. An Office of Professional Lobbyist Registration will be created within the county attorney’s office and the county attorney will draft amendments to the existing ordinance.

Currently, lobbyists must register prior to each meeting with an official, but many do not adhere to this requirement. The new ordinance will require notice of visits by lobbyists to be posted online and the registration office will be responsible for enforcement.

Chairwoman Murman stated she wants the ordinance to focus on paid lobbyists, excluding volunteers from the requirements.

The San Diego City Council Budget Committee approved a proposal to increase lobbyist registration fees. Under the proposal, the fees will increase from $40 to $150. Annual registration fees paid by clients who hire lobbyists would also increase from $15 to $30.

This increase will be the first since the enactment of lobbyist registration fees in 2008. The proposal must be approved by the full council, scheduled to meet again in September. If approved, the proposal would take effect in January.

Photo of the San Diego skyline courtesy of Tomcio77 on Wikimedia Commons.

The Miami-Dade Clerk of the Courts has announced a new online lobbyist registration system will launch on June 1, 2015.

Current lobbyist information will be transferred to the new system and lobbyists will receive temporary log in information via email in order to create a profile.

This release only affects registration; however, plans to incorporate expenditure reporting are forthcoming.

Q. Our organization is under the impression that we don’t have to register as lobbyists at the federal level if we keep our lobbying activity isolated to our internal employees.  I don’t think this is accurate.  Can you let me know the registration requirement for federal lobbying?

A. You are correct to be skeptical of this viewpoint.  Keeping lobbying activity isolated to in-house personnel does not impact the need to register.  Registration at the federal level is based on three criteria.  All three must be met in order to warrant registration, or, stated differently, registration is required when all three criteria are met.  The criteria are:

1. An organization spends or is expected to spend at least $12,500 on lobbying activity during a quarterly period;
2. An organization has at least one employee who spends 20 percent of his or her time engaged in lobbying activity; and
3. That same 20 percent employee makes more than one lobbying contact.

When considering whether the monetary threshold has been met, all expenses must be considered, including, compensation and reimbursed expenses associated with lobbying activities of all employees, overhead, payments to outside lobbyists, and the portion of any dues paid to outside membership organizations that are allocated toward lobbying.  Likewise, when determining whether an individual employee meets the 20 percent standard, all time engaged in any activity that is intended to support lobbying contacts must be considered including background and preparatory work, research, strategy sessions and conversations.

Once your organization meets all three thresholds, registration with the House and Senate is required within 45 days.  As a federal registrant, quarterly activity reporting is required as well as semiannual contribution reporting.

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(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.

The House unanimously passed a bill requiring lobbyists to disclose more information, but in a different form than the introduced version. House Bill 155 requires lobbyists to disclose the issues they are advocating and doubles registration fees to $50.

Originally, the bill included provisions requiring estimated expense reports and reports on the recipients of certain types of payments. When the legislation stalled in committee, the two provisions were removed to enable the bill to move forward.

An attempt to reintroduce the provisions failed by a vote of 33-30.

Photo of the New Mexico State Capitol by Urban on Wikimedia Commons.

The Election Law Enforcement Commission has published a proposed lobbyist registration fee increase in the New Jersey Register.

The proposed increase, which would change the registration fee from $425 to $575, is now subject to a 60-day comment period, followed by a public hearing scheduled for May 19, 2015.

The registration fee has not changed since 2004.

A new bill could increase the expenditure threshold for lobbyist registration. House Bill 2082, attempting to account for inflation, would increase the current $100 threshold to $1,000.

The current law has been in place since 1975.

Proponents of the bill believe it will only serve to protect private citizens from inadvertently breaking the law, while having no effect on industry lobbyists, who typically expend much larger sums.

Carol Williams, executive director of the Kansas Government Ethics Commission, presented the proposal to the House Elections Committee and was the only person to testify on the matter.