The Georgia Legislature passed a bill to require registration and disclosure for agents of foreign principals.

Senate Bill 368 defines foreign principal broadly to include a foreign government, political party, and a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country.

The registration requires extensive disclosure including the registrant’s nationality, nature of business, compensation, expenditures, and details regarding activity performed on behalf of the foreign principal. The registration must be updated every six months.

U.S. subsidiaries of foreign principals are not explicitly exempt from additional disclosures.

Agents of foreign principals must also disclose their identity to government agencies and the General Assembly each time they appear on behalf of a foreign principal.

The bill also prohibits foreign nationals from making campaign contributions to a candidate, campaign committee, independent committee, or political action committee.

Senate Bill 368 has not yet been signed by the governor.

If signed, the bill becomes effective July 1.

Q: I need to lobby on the municipal level, but I’m registered with the state. Am I covered?

A: It will depend on the state, but you might not be covered. Some states, including Georgia, Illinois, Missouri, and New York, to name just a few, have lobbying laws covering both state and local governments. If you are registered in such a state, however, that does not necessarily end the analysis.

Even in states where state lobbying laws apply locally, you may still have local obligations. New York state law requires registration if you lobby locally and otherwise meet the registration requirements, but New York City has its own registration regime you will be required to follow, potentially requiring registration at both the state and local level. Illinois lobbying law covers local governments as well, but includes a carve out for lobbying in Chicago. Lobbying in Chicago requires registration with the city, but not with the state.

Whether you are or are not in a state where the lobbying laws apply locally, you will need to verify whether the city or county you are contacting has its own lobbying law. Even if it does not, be aware there may be other requirements, such as visitor logs, with which you will still need to comply.

Finally, be aware some local agencies, particularly those covering large metro areas, have their own lobbying laws as well, so registration with the city or county still may not cover your contacts with those agencies. For instance, Broward County Public Schools and the Los Angeles Metropolitan Transportation Authority (LAMTA) have adopted lobbying provisions separate from those of the counties in which they are located.

It is safest to always assume your government outreach, regardless of the level of your interaction, is covered by a lobbying law until you confirm otherwise.

Further information about the lobbying laws in hundreds of cities, counties, and local agencies can be found in the Lobbying Compliance Laws section of the State and Federal Communications website.

Georgia is replacing its lobbyist e-filing system for 2024.

Clients and lobbyists will have to register, but only once in the new system.

Lobbyists will be able to reregister every year based on this initial registration and clients will only register once to establish their account.

Lobbyists are currently authorized to lobby on behalf of new clients they register while authorization approval is pending.

This ability to lobby on behalf of new clients while awaiting approval of clients is for calendar year 2024 only.

Due to the new system, the Ethics Commission has decided to not collect or assess late fees for lobbyists provided they make a concerted effort to file reports and comply with their reporting requirements until March 31.

On January 1, the city of Burlington, Ontario’s new lobbyist registry bylaw comes into effect.

The law effectively replaces the city’s Lobbyist Registration Policy, which passed on October 19, 2021, and came into effect January of 2022.

As noted in the city of Burlington’s December 12 press release, the new a bylaw approved by City Council on July 11, 2023, includes:

• A move from volunteer to mandatory registration of applicable lobbying activities. All lobbyists must file a registration for each matter they intend to lobby prior to the lobbying, or within fifteen days of the initial communication;
• An expanded definition of lobbying communication that includes a formal meeting, email, letter, phone call or meaningful dialogue or exchange that materially advances a matter that is defined as lobbying, whether in a formal or an informal setting;
• The addition of the Burlington Leadership Team as a part of the lobbyist registry, along with the city council, as public office holders;
• The appointment of the city clerk as the Lobbyist Registrar to centralize and improve efficiency of registry administration;
• Limited enforcement of the bylaw: Where a person has contravened any of the provisions in the bylaw, they will be prohibited from lobbying activities until an information and education meeting with the Lobbyist Registrar is held. For a second offense, lobbying activities will be prohibited for 60 days.

While the city’s current registry is presently available online, new registration forms and webpage updates will be made to reflect the bylaw once it takes effect in January 2024.

“The new Lobbyist Registry bylaw will help ensure greater transparency in the local government decision-making process,” said Deputy Clerk Kevin Klingenberg in the press release.

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.

The Oakland Ethics Commission passed a Master Fee Schedule including a newly added annual lobbyist registration fee of $500 and a late filing fee of $10 per day for registrations and reports.

The City Council approved the inclusion of the additional fees in the annual Master Fee Schedule yearly update.

Currently, the Ethics Commission is seeking to alter the new fee structure.

The commission is seeking to waive fees for 501(c)(3) organizations with less than $750,000 in annual revenue; a reduction of fees with less than $200,000 in annual revenue; and a reduced fee for third and fourth quarter registrants.

The new proposal has been sent to the City Council for their approval.

Q: I’ve had a few discussions with legislators in Washington. Do I need to register?

A: Unlike some states that require registration before you begin lobbying, Washington is not a “first toe in the water state.” As a result, there are some activities that you can engage in before or without the need to register as a lobbyist.

Washington requires you to register as a lobbyist once you have either conducted lobbying activities for more than four days, or parts of four days, in a three-month period, or made total expenditures exceeding $35 in a three-month period for or on behalf of public officials. So, if your lobbying activity is extremely sporadic and limited, you may not need to register.

But Washington also has a relatively narrow definition of what constitutes lobbying. Lobbying is defined as an attempt to influence the passage or defeat of any legislation or the adoption or rejection of any rule, standard, rate, or other legislative enactment of any state agency. This definition excludes acts of goodwill lobbying, like small-talk with lawmakers or general relationship-building with public officials. But, be mindful of your activities, because if your small-talk conversation turns to shoptalk about a specific issue or piece of legislation, then that conversation will put you closer to crossing the lobbying registration threshold.

Similarly, the state’s lobbying law carves out several activities that it does not consider lobbying. If you limit your activities to appearing before public sessions of committees of the legislature or public hearings of state agencies, then you will not need to register. Similarly, activities by persons whose participation was solicited by an agency under a negotiated rulemaking or pilot rulemaking agency will not, by themselves, require you to register as a lobbyist.

More information about registration requirements can easily be found on our website in the Registration section of the Lobbying Compliance Guidebook.

Q: I need to register as a lobbyist in Quebec for my company. What steps do we need to complete in the new system?

A: The Lobbyist Registry in Quebec has been replaced by Carrefour Lobby Quebec.  Previously, the senior officer was responsible for creating an account, and would list any individual lobbyists or administrators on the company’s account.  With the new system using Carrefour Lobby Quebec, the senior officer and each lobbyist must create an individual account, referred to as a professional space.  A professional space can then be linked to an organization’s account, referred to as a collective space.

To create a personal space, you first need to create your account with Carrefour Lobby Quebec.  After creating your account, you must verify it.  You can use the Verified.Me platform, which requires you to login to your financial institution.  This is the easiest method to use.  In the alternative, you can use an ID verification form managed by Lobbyisme Quebec.  With this option, you will be required to upload photo identification such a driver’s license along with a recent financial statement verifying your current address.  Once authenticated, you will have access to your professional space.

The collective space for an organization can be opened by the senior officer, an employee, or even a third party.  Once the collective space has been opened, all individuals with an authenticated professional space can request access to the collective space.  The senior officer must approve or validate these requests.  All mandates can then be published to the collective space by the senior officer, a lobbyist, or an administrator who has been granted access by the senior officer.

The information from this response can easily be found on our website in the Lobbying Compliance section of the Canada Compliance Laws publication.  Please do not hesitate to contact us if you have questions.

Illinois Gov. JB Pritzker certified the changes to Senate Bill 539, an ethics omnibus bill passed with an amendatory veto in September.

Public Act 102-0664 is effective January 1, 2022, and requires state registration under the Lobbyist Registration Act by persons lobbying local officials in counties, townships and municipalities, preempting and superseding all existing laws and ordinances that are inconsistent with the Act, except in municipalities with a population over 500,000.

The bill also requires registration by persons lobbying other specified state officials, and requires any consultant hired by a lobbyist or lobbying entity to register if they communicate with an official, and all consultant expenditures to be reported on the lobbying entity reports.

The bill also further restricts fundraising anywhere in the state during sessions of the General Assembly.

The bill also creates a revolving door restriction for the General Assembly and officers of the executive branch prohibiting any activities that require registration for six months after leaving office.

The bill also adds anyone who participated personally and substantially in the award or fiscal administration of state contracts to the revolving door prohibitions for procurement officers and employees, prohibiting them from accepting employment within a period of one year immediately after termination of office or state employment.

The New Hampshire Attorney General’s Office issued guidance related to the registration of part-time in-house lobbyists.

The office clarified that in-house employees of non-lobbying organizations must register as a lobbyist so long as they engage in some lobbying activities on behalf of their employer.

These employees will also need to report the portion of their wages attributed to the time they and any support staff spend on lobbying activities.

Additionally, the employee is required to disclose any expenditures made by their employer in connection with the employee’s lobbying activities.

Employees meeting these criteria will need to file Addendum A, the state’s lobbying fees and expenses form, prior to engaging in lobbying activities.

The Maine Ethics Commission announced it would hold a three-hour course covering recent changes to the law governing the registration and reporting requirements for political committees.

The course will take place on October 18, both in-person and over Zoom, from 9:00 a.m. to 12:15 p.m.

Registration for the course is available online and a recording of the training will be available on the commission’s YouTube channel.

On September 9, the Office of the Registrar of Lobbyists for British Columbia (ORL) will implement a change to its online registry that will allow for streamlining the process for declaring certain coalition activities.

The change involves answering additional questions regarding whether a lobbying activity being reported was a jointly signed or endorsed letter sent on behalf of one or more of the organizations listed in the associated registration return as members of a coalition to which the organization or client belongs. Rather than being reported by each of the coalition member of a joint letter, the letter will only need to be declared once as a coalition activity and only reported once by the organization or consultant lobbyist that communicated the joint letter to senior public office holders.

According to the ORL, a change in the online lobbying activity report forms will be visible to organizations that have declared in their registration returns that the organization is a member of a coalition. The change will also be visible to consultant lobbyists when they prepare lobbying activity reports for clients, if they have declared in the associated registration return that the client belongs to a coalition.

If an organization has not declared membership in a coalition, this change does not affect them. This change also does not affect consultant lobbyists whose clients are not members of coalitions.

The Office of the Commissioner of Lobbying of Canada has released information concerning COVID-19 emergency funding and registration requirements online.

Several key points are emphasized by the Office: communications with public office holders about the making, developing or amending of a government-funding program linked to COVID-19 are registrable activities; disclosure of any non-repayable portion of COVID-19 relief funding received¸ from any level of government entity, foreign or domestic, must be disclosed in a lobbyist’s registration; and updates to registrations are required no later than 15 days after the end of the month in which the funding was provided.

Examples of COVID-19-related funding programs include the Canada Emergency Wage Subsidy, the Canada Emergency Business Account, and the Canada Emergency Commercial Rent Assistance.

The disclosure of funding by lobbyists is not limited to COVID-19 relief or to lobbying the federal government. Other reportable government funding includes all grants, non-repayable contributions, forgiven portions of government loans, and any other non-repayable funding.

Disclosure is still not required for repayable contributions, repayable portions of government loans, tax credits, refunds, exemptions, rebates, remissions of taxes, and payment of goods or services contracts.

Applying to a federal government funding program linked to COVID-19 alone is not a registrable activity.