US How States Define “Lobbying” and “Lobbyist” Resources

US How States Define “Lobbying” and “Lobbyist” Resources in United States

US How States Define “Lobbying” and “Lobbyist” Resources

The Center for Ethics in Government – UPDATED March, 2008

This table is intended to provide general information and does not necessarily address all aspects of this topic.  Because the facts of each situation may vary, this information may need to be supplemented by consulting legal advisors.  It reflects in summary form statutes in effect as of 12/31/07 or statutes set to take effect shortly thereafter.

There are more than 50 versions of lobbying laws in states and territories.  Yet, all states share a basic definition of lobbying as an attempt to influence government action.  Written and oral communications are both recognized as lobbying.  Three states (Delaware, Kansas, and Texas) include in their definitions of lobbying providing entertainment, gifts, recreational events, food and beverages to legislators. The remaining states regulate the disclosure of and the amounts spent on such activities.

The definition of who is a lobbyist usually revolves around compensation.  Most states define a lobbyist as someone who receives any amount of compensation or reimbursement to lobby. Among the exceptions are Hawaii, Minnesota and New York.  These states stipulate threshold amounts of money and time spent on lobbying, and, if these thresholds are reached, an individual becomes a lobbyist.

All states recognize certain exceptions for activities that might otherwise be construed as “lobbying.”  These activities include testifying at committee hearings, meetings, writing letters and casual conversations.  In some states, interagency communications between state employees are outside the statutory definition of lobbyist.  At least 14 states specify that members of the press are not lobbyists.

State and Citation  Definitions
Alabama

Alabama Code Section 36-25-1

LOBBYING. The practice of promoting, opposing, or in any manner influencing or attempting to influence the introduction, defeat, or enactment of legislation before any legislative body; opposing or in any manner influencing the executive approval, veto, or amendment of legislation; or the practice of promoting, opposing, or in any manner influencing or attempting to influence the enactment, promulgation, modification, or deletion of regulations before any regulatory body; provided, however, that providing public testimony before a legislative body or regulatory body or any committee thereof shall not be deemed lobbying.

LOBBYIST:  The term lobbyist includes any of the following: A person who receives compensation or reimbursement from another person, group, or entity to lobby.  A person who lobbies as a regular and usual part of employment, whether or not any compensation in addition to regular salary and benefits is received.  A person who expends in excess of one hundred dollars ($100) for a thing of value, not including funds expended for travel, subsistence expenses, and literature, buttons, stickers, publications, or other acts of free speech, during a calendar year to lobby.  A consultant to the state, county, or municipal levels of government or their instrumentalities, in any manner employed to influence legislation or regulation, regardless whether the consultant is paid in whole or part from state, county, municipal, or private funds.  An employee, a paid consultant, or a member of the staff of a lobbyist, whether or not he or she is paid, who regularly communicates with members of a legislative body regarding pending legislation and other matters while the legislative body is in session.

EXCEPTIONS:  The term lobbyist does not include any of the following: A member of a legislative body on a matter which involves that person’s official duties.  A person or attorney rendering professional services in drafting bills or in advising clients and in rendering opinions as to the construction and effect of proposed or pending legislation, executive action, or rules or regulations, where those professional services are not otherwise connected with legislative, executive, or regulatory action.  Reporters and editors while pursuing normal reportorial and editorial duties.  Any citizen not expending funds as set out above in paragraph a.3. or not lobbying for compensation who contacts a member of a legislative body, or gives public testimony on a particular issue or on particular legislation, or for the purpose of influencing legislation and who is merely exercising his or her constitutional right to communicate with members of a legislative body.  A person who appears before a legislative body, a regulatory body, or an executive agency to either sell or purchase goods or services.  A person whose primary duties or responsibilities do not include lobbying, but who may, from time to time, organize social events for members of a legislative body to meet and confer with members of professional organizations and who may have only irregular contacts with members of a legislative body when the body is not in session or when the body is in recess.

Alaska

Title 24, Legislature; Chapter 24.45.171; Regulation of Lobbying

LOBBYIST means a person who engages in the business, occupation, or profession of influencing legislative or administrative action; or receives wages or other economic considering, including reimbursement of travel and living expenses, to communicate directly with any public official for the express purpose of influencing legislative or administrative action; and during more that 40 hours in an 30-day period in one calendar year.

EXCEPTIONS:  Lobbyist means a person who is required to register under AS 24.45.041 and is described under AS 24.45.171, but does not include a volunteer lobbyist as described in AS 24.45.161 (a)(1) or a representational lobbyist as defined under regulations of the Alaska Public Offices Commission

Arizona

Arizona Code Chapter 7, Legislature; Article 8.1; Registration and Regulation of Lobbyists; 41-1231. Definitions

LOBBYING means attempting to influence the passage or defeat of any legislation by directly communicating with any legislator, or in the case of bonding, lobbyists directly communicating with any school district employee or a school district governing board member or attempting to influence any formal rule making proceeding pursuant to chapter 6 of this title or rule making proceedings that are exempt from chapter 6 of this title by directly communicating with any state officer or employee.

EXCEPTIONS:   Lobbying does not include:
(a) Interagency communications between state agency employees.
(b) Communications between a public official or employee of a public body, designated public lobbyist or authorized public lobbyist and any state officer, except for a member of the legislature, or an employee of the legislature
(c) Oral questions or comments made by a person to a state officer or employee regarding a proposed rule and made in public at a meeting or workshop that is open to the public and that is sponsored by a state agency, board, commission, council or office

LOBBYIST means any person, other than a designated public lobbyist or authorized public lobbyist, who is employed by, retained by or representing a person other than himself, with or without compensation, for the purpose of lobbying and who is listed as a lobbyist by the principal in its registration pursuant to section 41-1232. Lobbyist includes a lobbyist for compensation, designated lobbyist and authorized lobbyist. Lobbyist includes attorneys whose practice involves bonding, underwriters of bonds and investment bankers whose business includes bonding.

EXCEPTIONS:  Lobbyist means any person, other than a designated public lobbyist or authorized public lobbyist…

Arkansas

Arkansas Code 21-8-402 Definitions

LOBBYING means communicating directly or soliciting others to communicate with any public servant with the purpose of influencing legislative action or administrative action.

LOBBYIST means a person who:  (A)  Receives income or reimbursement in a combined amount of four hundred dollars ($400) or more in a calendar quarter for lobbying one or more governmental bodies;  (B)  Expends four hundred dollars ($400) or more in a calendar quarter for lobbying one or more governmental bodies, excluding the cost of personal travel, lodging, meals, or dues; or  (C)  Expends four hundred dollars ($400) or more in a calendar quarter, including postage, for the express purpose of soliciting others to communicate with any public servant to influence any legislative action or administrative action of one or more governmental bodies unless the communication has been filed with the Secretary of State or the communication has been published in the news media. If the communication is filed with the Secretary of State, the filing shall include the approximate number of recipients;

California

California Code
Government Code Section 82039

LOBBYIST (a) means any individual who receives two thousand dollars ($2,000) or more in economic consideration in a calendar month, other than reimbursement for reasonable travel expenses, or whose principal duties as an employee are, to communicate directly or through his or her agents with any elective state official, agency official, or legislative official for the purpose of influencing legislative or administrative action.  (b) For the purposes of subdivision (a), a proceeding before the Public Utilities Commission constitutes “administrative action” if it meets any of the definitions set forth in subdivision (b) or (c) of Section 82002.  However, a communication made for the purpose of influencing this type of Public Utilities Commission proceeding is not within subdivision (a) if the communication is made at a public hearing, public workshop or other public forum that is part of the proceeding, or if the communication is included in the official record of the proceeding.

EXCEPTIONS: (a) An individual is not a lobbyist by reason of activities described in Section 86300. (b) For the purposes of subdivision (a), a proceeding before the Public Utilities Commission constitutes “administrative action” if it meets any of the definitions set forth in subdivision (b) or (c) of Section 82002.  However, a communication made for the purpose of influencing this type of Public Utilities Commission proceeding is not within subdivision (a) if the communication is made at a public hearing, public workshop or other public forum that is part of the proceeding, or if the communication is included in the official record of the proceeding.

Colorado

Colorado Statute 24-6-301

LOBBYING means communicating directly, or soliciting others to communicate, with a covered official for the purpose of aiding in or influencing:

(I) The drafting, introduction, sponsorship, consideration, debate, amendment, passage, defeat, approval, or veto by any covered official on:

(A) Any bill, resolution, amendment, nomination, appointment, or report, whether or not in writing, pending or proposed for consideration by either house of the general assembly or committee thereof, whether or not the general assembly is in session;

(B) Any other matter pending or proposed in writing by any covered official for consideration by either house of the general assembly or a committee thereof, whether or not the general assembly is in session;

(II) Repealed.

(III) The convening of a special session of the general assembly or the specification of business to be transacted at such special session;

(IV) The drafting, consideration, amendment, adoption, or defeat of any rule, standard, or rate of any state agency having rule-making authority.

(b) Subject to the exclusions and provisions of this paragraph (b), for the purpose of determining when contributions and expenditures become reportable in disclosure statements, “lobbying” includes activities undertaken by the person engaging in lobbying and persons acting at his request to prepare for lobbying which in fact ultimately occurs…

EXCEPTIONS: c) “Lobbying” does not include communications made by a person in response to a statute, rule, regulation, or order requiring such a communication.  (I) “Lobbying” does not include communications by a person who appears before a committee of the general assembly or a rule-making board or commission solely as a result of an affirmative vote by the committee, board, or commission issuing a mandatory order or subpoena commanding that the person appear and testify, or making such a person a respondent in such a proceeding whether or not the person is reimbursed by the committee, board, or commission for expenses incurred in making such appearance.

(B) “Lobbying” excludes persons who are not otherwise registered as lobbyists and who limit their activities to appearances to give testimony or provide information to committees of the general assembly or at public hearings of state agencies or who give testimony or provide information at the request of public officials or employees and who clearly identify themselves and the interest for whom they are testifying or providing information.

(e) “Lobbying” does not include communications made by an attorney-at-law when such communications are made on behalf of a client whose name has been identified and when such communications constitute the practice of law subject to control by the judicial branch of the state of Colorado.

(f) “Lobbying” does not include duties performed by employees of the legislative department.

PROFESSIONAL LOBBYIST (6) means any individual who engages himself or is engaged by any other person for pay or for any consideration for lobbying.

EXCEPTIONS:  “Professional lobbyist” does not include any volunteer lobbyist, any state official or employee acting in his official capacity, except as provided in section 24-6-303.5, any elected public official acting in his official capacity, or any individual who appears as counsel or advisor in an adjudicatory proceeding.

VOLUNTEER LOBBYIST (7) “Volunteer lobbyist” means any individual who engages in lobbying and whose only receipt of money or other thing of value consists of nothing more than reimbursement for actual and reasonable expenses incurred for personal needs, such as meals, travel, lodging, and parking, while engaged in lobbying or for actual expenses incurred in informing the organization making the reimbursement or the members thereof of his lobbying.

Connecticut

Connecticut General Statutes Title 1,Chapter 10, Sec. 1-91.  Definitions

LOBBYING means communicating directly or soliciting others to communicate with any official or his staff in the legislative or executive branch of government or in a quasi-public agency, for the purpose of influencing any legislative or administrative action….

EXCEPTIONS:  … except that the term “lobbying” does not include (1) communications by or on behalf of a party to, or an intervener in, a contested case, as described in regulations adopted by the commission in accordance with the provisions of chapter 54, before an executive agency or a quasi-public agency, as defined in section 1-79, (2) communications by a representative of a vendor or by an employee of the registered client lobbyist which representative or employee acts as a salesperson and does not otherwise engage in lobbying regarding any administrative action, (3) communications by an attorney made while engaging in the practice of law and regarding any matter other than legislative action as defined in subsection (j) of this section or the proposal, drafting, development, consideration, amendment, adoption or repeal of any rule or regulation, or (4) other communications exempted by regulations adopted by the commission in accordance with the provisions of chapter 54 .

Delaware

Delaware Code Title 29   5831. Definitions.

LOBBYIST means any individual who acts to promote, advocate, influence or oppose any matter pending before the General Assembly by direct communication with the General Assembly or any matter pending before a state agency by direct communication with that state agency, and who in connection therewith either:

a. Has received or is to receive compensation in whole or in part from any person; or

b. Is authorized to act as a representative of any person who has as a substantial purpose the influencing of legislative or administrative action; or

c. Expends any funds during the calendar year for the type of expenditures listed in § 5835(b) of this title.

District of ColumbiaDC Official Code Secs. 1-1105.02 and 1-1105.04(a) LOBBYIST:  A lobbyist is a person or group of persons communicating directly or soliciting others to do so with any official in the legislative or executive branches of the District of Columbia Government with the purpose of influencing any legislative action or an administrative decision.
 

Florida

Florida Statutes Title X, Chapter 112.3215 Lobbyists before the executive branch or the Constitution Revision Commission; registration and reporting; investigation by commission.

LOBBYING means seeking, on behalf of another person, to influence an agency with respect to a decision of the agency in the area of policy or procurement or an attempt to obtain the goodwill of an agency official or employee. “Lobbies” also means influencing or attempting to influence, on behalf of another, the Constitution Revision Commission’s action or nonaction through oral or written communication or an attempt to obtain the goodwill of a member or employee of the Constitution Revision Commission.

Georgia

Georgia Code §21-5-70

LOBBYING means the activity of a lobbyist while acting in that capacity.

LOBBYIST means:

(A) Any natural person who, for compensation, either individually or as an employee of another person, undertakes to promote or oppose the passage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor;

(B) Any natural person who makes a total expenditure of more than $250.00 in a calendar year, not including the person’s own travel, food, lodging expenses, or informational material to promote or oppose the passage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor;

(C) Any natural person who as an employee of the executive branch or judicial branch of state government engages in any activity covered under subparagraph (A) of this paragraph;

(D) Any natural person who, for compensation, either individually or as an employee of another person, undertakes to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution;

(E) Any natural person who makes a total expenditure of more than $250.00 in a calendar year, not including the person’s own travel, food, lodging expenses, or informational material to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution;

(F) Any natural person who as an employee of the executive branch or judicial branch of local government engages in any activity covered under subparagraph (D) of this paragraph;

(G) Any natural person who, for compensation, either individually or as an employee of another person is hired specifically to undertake influencing a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency but does not include any employee of the vender solely on the basis that such employee participates in soliciting a bid or in preparing a written bid, written proposal, or other document relating to a potential sale to a state agency; or

(H) Any natural person who, for compensation, either individually or as an employee of another person, is hired specifically to undertake to promote or oppose the passage of any rule or regulation of any state agency.

Hawaii

Hawaii Revised Statute §97-1

LOBBYING means communicating directly or through an agent, or soliciting others to communicate, with any official in the legislative or executive branch, for the purpose of attempting to influence legislative or administrative action or a ballot issue.

LOBBYIST means any individual who for pay or other consideration engages in lobbying in excess of five hours in any month of any reporting period described in section 97-3 or spends more than $750 lobbying during any reporting period described in section 97-3.

Idaho

Idaho Statute 67-6602

Title 67 State Government and State Affairs Chapter 66 Election Campaign Contributions and expenditures—lobbyists

LOBBY and LOBBYING each means attempting through contacts with, or causing others to make contact with, members of the legislature or legislative committees, to influence the approval, modification or rejection of any legislation by the legislature of the state of Idaho or any committee thereof.

EXCEPTIONS:  Neither “lobby” nor “lobbying” includes an association’s or other organization’s act of communicating with the members of that association organization.

LOBBYIST includes any person who lobbies.

LOBBYIST’S EMPLOYER means the person or persons by whom a lobbyist is employed, directly or indirectly, and all persons by whom he is compensated for acting as a lobbyist.

Illinois

Illinois Compiled Statutes

25 ILCS 170/) Lobbyist Registration Act. Sec. 2. Definitions

LOBBYING means any communication with an official of the executive or legislative branch of State government as defined in subsection (c) for the ultimate purpose of influencing executive, legislative, or administrative action.

“Influencing” means any communication, action, reportable expenditure as prescribed in Section 6 or other means used to promote, support, affect, modify, oppose or delay any executive, legislative or administrative action or to promote goodwill with officials as defined in subsection (c).

Indiana

Indiana Code 2-7-1

LOBBYING means communicating by any means, or paying others to communicate by any means, with any legislative official with the purpose of influencing any legislative actions.

LOBBYIST means any person who: engages in lobbying; in any registration year, receives or expends an aggregate of five hundred dollars ($500) in compensation or expenditures reportable under this article for lobbying, whether the compensation or expenditure is solely for lobbying or the lobbying is incident to that individual’s regular employment.

Iowa

Iowa Code s 68B.2

LOBBYIST  means an individual who, by acting directly, does any of the following:

(1) Receives compensation to encourage the passage, defeat, approval, veto, or modification of legislation, a rule, or an executive order by the members of the general assembly, a state agency, or any statewide elected official.

(2) Is a designated representative of an organization which has as one of its purposes the encouragement of the passage, defeat, approval, veto, or modification of legislation, a rule, or an executive order before the general assembly, a state agency, or any statewide elected official?

(3) Represents the position of a federal, state, or local government agency, in which the person serves or is employed as the designated representative, for purposes of encouraging the passage, defeat, approval, veto, or modification of legislation, a rule, or an executive order by members of the general assembly, a state agency, or any statewide elected official.

(4) Makes expenditures of more than one thousand dollars in a calendar year, other than to pay compensation to an individual who provides the services specified under subparagraph (1) or to communicate with only the members of the general assembly who represent the district in which the individual resides, to communicate in person with members of the general assembly, a state agency, or any statewide elected official for purposes of encouraging the passage, defeat, approval, veto, or modification of legislation, a rule, or an executive order.

EXCEPTIONS:  b. “Lobbyist” does not mean:

(1) Officials and employees of a political party organized in the state of Iowa representing more than two percent of the total votes cast for governor in the last preceding general election, but only when representing the political party in an official capacity.

(2) Representatives of the news media only when engaged in the reporting and dissemination of news and editorials.

(3) All federal, state, and local elected officials, while performing the duties and responsibilities of office.

(4) Persons whose activities are limited to appearances to give testimony or provide information or assistance at sessions of committees of the general assembly or at public hearings of state agencies or who are giving testimony or providing information or assistance at the request of public officials or employees.

(5) Members of the staff of the United States Congress or the Iowa general assembly.

(6) Agency officials and employees while they are engaged in activities within the agency in which they serve or are employed or with another agency with which the official’s or employee’s agency is involved in a collaborative project.

(7) An individual who is a member, director, trustee, officer, or committee member of a business, trade, labor, farm, professional, religious, education, or charitable association, foundation, or organization that either is not paid compensation or is not specifically designated as provided in paragraph “a”, subparagraph (1) or (2).

(8) Persons whose activities are limited to submitting data, views, or arguments in writing, or requesting an opportunity to make an oral presentation under section 17A.4 , subsection 1.

Kansas

Kansas Statutes
46-222 and 46-2225
Chapter 46 Article 2

LOBBYING  means: (1) Promoting or opposing in any manner action or nonaction by the legislature on any legislative matter or the adoption or nonadoption of any rule and regulation by any state agency; or

(2)   entertaining any state officer or employee or giving any gift, honorarium or payment to a state officer or employee in an aggregate value of $40 or more within any calendar year, if at any time during such year the person supplying the entertainment, gifts, honoraria or payments has a financial interest in any contract with, or action, proceeding or other matter before the state agency in which such state officer or employee serves, or if such person is the representative of a person having such a financial interest.

EXCEPTIONS:   (c)   “Lobbying” does not include any expenditure from amounts appropriated by the legislature for official hospitality.

(d)   “Lobbying” does not include representation of a claimant on a claim filed by the claimant under K.S.A. 46-907 and 46-912 to 46-919, inclusive, and amendments thereto in proceedings before the joint committee on special claims against the state.

(e)   “Lobbying” does not include bona fide personal or business entertaining.

LOBBYIST  means: (1) Any person employed in considerable degree for lobbying; (2) any person formally appointed as the primary representative of an organization or other person to lobby in person on state-owned or leased property; or (3) any person who makes expenditures in an aggregate amount of $100 or more, exclusive of personal travel and subsistence expenses, in any calendar year for lobbying.

No legislator may be hired as a lobbyist to represent anyone before any state agency.

EXCEPTIONS:  (b)   Lobbyist shall not include: (1) Any state officer or employee engaged in carrying out the duties of their office; (2) the employer of a lobbyist, if such lobbyist has registered the name and address of such employer under K.S.A. 46-265 and amendments thereto; (3) any nonprofit organization which has qualified under paragraph (3) of subsection (c) of section 501 of the internal revenue code of 1954, as amended, which is interstate in its operations and of which a primary purpose is the nonpartisan analysis, study or research of legislative procedures or practices and the dissemination of the results thereof to the public, irrespective of whether such organization may recommend a course of action as a result of such analysis, study or research; (4) any justice or commissioner of the supreme court or judge of the judicial branch or employee or officer of the judicial branch or, any member of a board, council or commission who is appointed by the supreme court or who is elected or appointed to exercise duties pertaining to functions of the judicial branch, when such person is engaged in performing a function or duty for the judicial branch; or (5) any appointed member of an advisory council, commission or board, who serves without compensation other than amounts for expense allowances or reimbursement of expenses as provided for in subsection (e) of K.S.A. 75-3223 and amendments thereto, when such member is engaged in performing a function or duty for such council, commission or board.

Kentucky

Kentucky Revised Statutes

Kentucky Code General Provisions for Legislature 6.611

LOBBY means to promote, advocate, or oppose the passage, modification, defeat, or executive approval or veto of any legislation by direct communication with any member of the General Assembly, the Governor, the secretary of any cabinet listed in KRS 12.250, or any member of the staff of any of the officials listed in this paragraph.

EXCEPTIONS:  Lobbying does not include:

Appearances before public meetings of the committees, subcommittees, task forces, and interim committees of the General Assembly.

News, editorial, and advertising statements published in newspapers, journals, or magazines, or broadcast over radio or television.

The gathering and furnishing of information and news by bona fide reporters, correspondents, or news bureaus to news media described in paragraph (b)2 of this subsection.

Publications primarily designed for, and distributed to, members of bona fide associations or charitable or fraternal nonprofit corporations.

Professional services in drafting bills or resolutions, preparing arguments on these bills or resolutions, or in advising clients and rendering opinions as to the construction and the effect of proposed or pending legislations, if the services are not otherwise connected with lobbying; or

The action of any person not engaged by an employer who has a direct interest in legislation, if the person, acting under Section 1 of the Kentucky Constitution, assembles together with other persons for their common good, petitions any official listed in this subsection for the redress of grievance, or other proper purposes.

Louisiana

LSA-R.S. 24:51

Lobbying or “to lobby” means any direct act or communication with a legislator, the purpose of which is to aid in influencing the passage or defeat of any legislation.

Lobbyist means any person who is employed or engaged for compensation to act in a representative capacity for the purpose of lobbying if lobbying constitutes one of the duties of such employment or engagement, or any person who receives compensation of any kind, including reimbursement of expenditures to act in a representative capacity when one of the functions for which compensation is paid is lobbying and makes expenditures as herein defined of five hundred dollars or more in a calendar year for the purpose of lobbying.

Maine

Title 3. Legislature; Chapter 15 Lobbyist Disclosure Procedures
§ 312-A. Definitions

Lobbying means to communicate directly with any official in the Legislature for the purpose of influencing any legislative action or with the Governor for the purpose of influencing the approval or veto of a legislative action when reimbursement for expenditures or compensation is made for those activities. It includes the time spent to prepare and submit to the Governor, a Legislator or a legislative committee oral and written proposals for, or testimony or analyses concerning, a legislative action.

Lobbyist means any person who is specifically employed by another person for the purpose of and who engages in lobbying in excess of 8 hours in any calendar month, or any individual who, as a regular employee of another person, expends an amount of time in excess of 8 hours in any calendar month in lobbying.

EXCEPTIONS:  “Lobbyist” does not include a lobbyist associate.

Maryland

MD Code, State Government §15-844
State Government; Title 15 Public Ethics

15-701. Generally on Registration.

Lobbyist means a person required to register under § 2-295 of the Prince George’s County Code or § 19A-21 of the Montgomery County Code.

Registration required – Unless exempted under subsection (b) of this section, an entity shall register with the Ethics Commission as provided in this subtitle, and shall be a “regulated lobbyist” for the purposes of this title, if, during a reporting period, the entity:
(1) for the purpose of influencing any legislative action or, as to the development or adoption of regulations or the development or issuance of an executive order, executive action:

(i) 1. communicates with an official or employee of the Legislative Branch or Executive Branch in the presence of that official or employee; and

2. exclusive of the personal travel or subsistence expenses of the entity or a representative of the entity, incurs expenses of at least $500 or earns at least $2,500 as compensation for all such communication and activities relating to the communication during the reporting period; or

(ii) 1. communicates with an official or employee of the Legislative Branch or Executive Branch; and

2. earns at least $5,000 as compensation for all such communication and activities relating to the communication during the reporting period;

(2) in connection with or for the purpose of influencing any executive action, spends a cumulative value of at least $100 for gifts, including meals, beverages, and special events, to one or more officials or employees of the Executive Branch;

(3) subject to subsection (b) (4) of this section, is compensated to influence executive action on a procurement contract that exceeds $100,000;

(4) subject to subsection (b) (5) of this section, is compensated by a business entity to influence executive action to secure from the State a business grant or loan with a value of more than $100,000 for the business entity;

(5) spends at least $2,000, including expenditures for salaries, contractual employees, postage, telecommunications services, electronic services, advertising, printing, and delivery services for the express purpose of soliciting others to communicate with an official to influence legislative action or executive action; or

(6) spends at least $2,500 to provide compensation to one or more entities required to register under this subsection.

Massachusetts

General Laws of Massachusetts; Chapter 3: The General Court;
Section 39 Definitions

Legislative agent:  a person who for compensation or reward does any act to promote, oppose or influence legislation, or to promote, oppose or influence the governor’s approval or veto thereof. The term “legislative agent” shall include a person who, as part of his regular and usual business or professional activities and not simply incidental thereto, attempts to promote, oppose or influence legislation, or the governor’s approval or veto thereof, whether or not any compensation in addition to the salary for such activities is received for such services;

EXCEPTIONS:   provided, however, that for purposes of this definition a person shall be presumed to engage in activity covered by this definition in a manner that is simply incidental to his regular and usual business or professional activities if he engages in any activity or activities covered by this definition for not more than fifty hours during any reporting period or receives less than five thousand dollars during any reporting period for any activity or activities covered by this definition.

Lobbyist entity:  an entity providing lobbyist services, consisting of at least 1 legislative or executive agent, including foreign or domestic corporation, association, sole proprietor, partnership, limited liability partnership or company, joint stock company, joint venture or any other similar business formation.

Michigan

Michigan Codified Laws; Chapter 4, Legislature; Act 472 of 1978 Lobbyists, Lobbying Agents, and Lobbying Activities
4.412 Definitions generally

4.413 Additional definitions

Lobbying means communicating directly with an official in the executive branch of state government or an official in the legislative branch of state government for the purpose of influencing legislative or administrative action.

EXCEPTIONS:   Lobbying does not include the providing of technical information by a person other than a person as defined in subsection (5) or an employee of a person as defined in subsection (5) when appearing before an officially convened legislative committee or executive department hearing panel. As used in this subsection, “technical information” means empirically verifiable data provided by a person recognized as an expert in the subject area to which the information provided is related.

Lobbyist means any of the following:  (a) A person whose expenditures for lobbying are more than $1,000.00 in value in any 12-month period. (b) A person whose expenditures for lobbying are more than $250.00 in value in any 12-month period, if the amount is expended on lobbying a single public official.  (c) For the purpose of subdivisions (a) and (b), groups of 25 or more people shall not have their personal expenditures for food, travel, and beverage included, providing those expenditures are not reimbursed by a lobbyist or lobbyist agent.  (d) The state or a political subdivision which contracts for a lobbyist agent.

Lobbyist agent means a person who receives compensation or reimbursement of actual expenses, or both, in a combined amount in excess of $250.00 in any 12-month period for lobbying.

Representative of the lobbyist means any of the following:  An employee of the lobbyist or lobbyist agent.  For purposes of section 8(1)(b)(i) and 9(1)(b), a member of the lobbyist or employee of a member of the lobbyist, when the lobbyist is a membership organization or association, and when the lobbyist agent or an employee of the lobbyist or lobbyist agent is present during any part of the period during which the purchased food or beverage is consumed.  A person who is reimbursed by the lobbyist or lobbyist agent for an expenditure, other than an expenditure for food or beverage, which was incurred for the purpose of lobbying.

EXCEPTIONS:   Lobbyist or lobbyist agent does not include:  (a) A publisher, owner, or working member of the press, radio, or television while disseminating news or editorial comment to the general public in the ordinary course of business.  (b) All elected or appointed public officials of state or local government who are acting in the course or scope of the office for no compensation, other than that provided by law for the office.  (c) For the purposes of this act, subdivision (b) shall not include:  (i) Employees of public or private colleges, community colleges, junior colleges or universities. (ii) Employees of townships, villages, cities, counties or school boards. (iii) Employees of state executive departments. (iv) Employees of the judicial branch of government. (d) A member of a lobbyist, if the lobbyist is a membership organization or association, and if the member of a lobbyist does not separately qualify as a lobbyist under subsection (4).

Minnesota

Minnesota Statutes
10A.01 Subd.21

Lobbyist means an individual: (1) engaged for pay or other consideration of more than $3,000 from all sources in any year for the purpose of attempting to influence legislative or administrative action, or the official action of a metropolitan governmental unit, by communicating or urging others to communicate with public or local officials; or (2) who spends more than $250, not including the individual’s own traveling expenses and membership dues, in any year for the purpose of attempting to influence legislative or administrative action, or the official action of a metropolitan governmental unit, by communicating or urging others to communicate with public or local officials.

EXCEPTIONS:   Lobbyist does not include: (1) a public official; (2) an employee of the state, including an employee of any of the public higher education systems; (3) an elected local official; (4) a nonelected local official or an employee of a political subdivision acting in an official capacity, unless the nonelected official or employee of a political subdivision spends more than 50 hours in any month attempting to influence legislative or administrative action, or the official action of a metropolitan governmental unit other than the political subdivision employing the official or employee, by communicating or urging others to communicate with public or local officials, including time spent monitoring legislative or administrative action, or the official action of a metropolitan governmental unit, and related research, analysis, and compilation and dissemination of information relating to legislative or administrative policy in this state, or to the policies of metropolitan governmental units; (5) a party or the party’s representative appearing in a proceeding before a state board, commission, or agency of the executive branch unless the board, commission, or agency is taking administrative action; (6) an individual while engaged in selling goods or services to be paid for by public funds; (7) a news medium or its employees or agents while engaged in the publishing or broadcasting of news items, editorial comments, or paid advertisements which directly or indirectly urge official action; (8) a paid expert witness whose testimony is requested by the body before which the witness is appearing, but only to the extent of preparing or delivering testimony; or (9) a party or the party’s representative appearing to present a claim to the legislature and communicating to legislators only by the filing of a claim form and supporting documents and by appearing at public hearings on the claim.

An individual who volunteers personal time to work without pay or other consideration on a lobbying campaign, and who does not spend more than the limit in paragraph (a), clause (2), need not register as a lobbyist.  (d) An individual who provides administrative support to a lobbyist and whose salary and administrative expenses attributable to lobbying activities are reported as lobbying expenses by the lobbyist, but who does not communicate or urge others to communicate with public or local officials, need not register as a lobbyist.

Mississippi

Mississippi Code Section 5-8-3.

Lobbying   means (i) Influencing or attempting to influence legislative or executive action through oral or written communication; or (ii) Solicitation of others to influence legislative or executive action; or (iii) Paying or promising to pay anything of value directly or indirectly related to legislative or executive action.

Lobbyist means (i) An individual who is employed and receives payments, or who contracts for economic consideration, including reimbursement for reasonable travel and living expenses, for the purpose of lobbying; (ii) An individual who represents a legislative or public official or public employee, or who represents a person, organization, association or other group, for the purpose of lobbying; or (iii) A sole proprietor, owner, part owner or shareholder in a business who has a pecuniary interest in legislative or executive action, who engages in lobbying activities.

Lobbyist’s client means the person in whose behalf the lobbyist influences or attempts to influence legislative or executive action.

Missouri

Missouri Revised Statutes 105.470.

Lobbyist means any natural person defined as an executive lobbyist, judicial lobbyist or a legislative lobbyist;

Lobbyist principal means any person, business entity, governmental entity, religious organization, nonprofit corporation or association who employs, contracts for pay or otherwise compensates a lobbyist;

Legislative lobbyist means any natural person who acts for the purpose of attempting to influence the taking, passage, amendment, delay or defeat of any official action on any bill, resolution, amendment, nomination, appointment, report or any other action or any other matter pending or proposed in a legislative committee in either house of the general assembly, or in any matter which may be the subject of action by the general assembly and in connection with such activity, meets the requirements of any one or more of the following:  (a) Is acting in the ordinary course of employment, which primary purpose is to influence legislation on a regular basis, on behalf of or for the benefit of such person’s employer, except that this shall not apply to any person who engages in lobbying on an occasional basis only and not as a regular pattern of conduct; or (b) Is engaged for pay or for any valuable consideration for the purpose of performing such activity; or (c) Is designated to act as a lobbyist by any person, business entity, governmental entity, religious organization, nonprofit corporation, association or other entity; or (d) Makes total expenditures of fifty dollars or more during the twelve-month period beginning January first and ending December thirty- first for the benefit of one or more public officials or one or more employees of the legislative branch of state government in connection with such activity.  A “legislative lobbyist” shall include an attorney at law engaged in activities on behalf of any person unless excluded by any of the following exceptions.

EXCEPTIONS:   A “legislative lobbyist” shall not include any member of the general assembly, an elected state official, or any other person solely due to such person’s participation in any of the following activities:  a. Responding to any request for information made by any public official or employee of the legislative branch of government; b. Preparing or publication of an editorial, a newsletter, newspaper, magazine, radio or television broadcast, or similar news medium, whether print or electronic; c. Acting within the scope of employment of the legislative branch of government when acting with respect to the general assembly or any member thereof; d. Testifying as a witness before the general assembly or any committee thereof

Montana

Montana Code  5-7-102

Lobbying means: (i) the practice of promoting or opposing the introduction or enactment of legislation before the legislature or the members of the legislature; and (ii) the practice of promoting or opposing official action by any public official.

EXCEPTIONS:   The term does not include actions described in subsections (11)(a)(i) and (11)(a)(ii) when performed by a legislator, a public official, an elected local official, an elected federal official, or an elected tribal official while acting in an official governmental capacity.

Lobbyist means a person who engages in the practice of lobbying.

EXCEPTIONS:   Lobbyist does not include: (i) an individual acting solely on the individual’s own behalf; (ii) an individual working for the same principal as a licensed lobbyist if the individual does not have personal contact involving lobbying with a public official on behalf of the lobbyist’s principal; or (iii) an individual who receives payments from one or more persons that total less than the amount specified under 5-7-112 in a calendar year.

Nothing in this chapter deprives an individual who is not a lobbyist of the constitutional right to communicate with public officials.

Nebraska

The Nebraska Political Accountability and Disclosure Act (Neb. Rev. Stat. §49-1433-34; 49-1438; and 49-1480)

Lobbying  shall mean the practice of promoting or opposing for another person, as defined below, the introduction or enactment of legislation or resolutions before the Legislature or the committees or the members thereof, and shall include the practice of promoting or opposing executive approval of legislation or resolutions.

Principal lobbyist: Principal shall mean a person who authorizes a lobbyist to lobby on behalf of the principal.

Lobbyist shall mean a person who is authorized to lobby on behalf of a principal and shall include an officer, agent, attorney, or employee of the principal whose regular duties include lobbying.

EXCEPTIONS:   Principal or lobbyist shall not include:(a) A public official or employee of a branch of state government, except the University of Nebraska, or an elected official of a political subdivision who is acting in the course or scope of his or her office or employment;(b) Any publisher, owner, or working member of the press, radio, or television while disseminating news or editorial comment to the general public in the ordinary course of business;(c) An employee of a principal or lobbyist whose duties are confined to typing, filing, and other types of clerical office work;(d) Any person who limits his or her activities (i) to appearances before legislative committees and who so advises the committee at the time of his or her appearance whom he or she represents or that he or she appears at the invitation of a named member of the Legislature or at the direction of the Governor or (ii) to writing letters or furnishing written material to individual members of the Legislature or to the committees thereof who furnishes to the Clerk of the Legislature a copy of such letter or written material for public inspection;(e) Any individual who does not engage in lobbying for another person as defined in section 49-1438; or(f) An employee of a political subdivision whose regular employment duties do not ordinarily include lobbying activities as long as such employee is not additionally compensated for such lobbying activities, other than his or her regular salary, and is not reimbursed for any lobbying expenditures except his or her travel, lodging, and meal expenses and the meal expenses for members of the Legislature.

Person shall mean a business, individual, proprietorship, form, partnership, limited liability company, joint venture, syndicate, business trust, labor organization company corporation association, committee or other organization or group of persons acting jointly.

Nevada

Nevada Revised Statue  218.912

Lobbyist means, except as limited by subsection 2, a person who: (a) Appears in person in the legislative building or any other building in which the Legislature or any of its standing committees hold meetings; and (b) Communicates directly with a member of the Legislative Branch on behalf of someone other than himself to influence legislative action whether or not any compensation is received for the communication.

EXCEPTIONS:   Lobbyist does not include: (a) Persons who confine their activities to formal appearances before legislative committees and who clearly identify themselves and the interest or interests for whom they are testifying. (b) Employees of a bona fide news medium who meet the definition of “lobbyist” only in the course of their professional duties and who contact members of the Legislature for the sole purpose of carrying out their news gathering function. (c) Employees of departments, divisions or agencies of the state government who appear before legislative committees only to explain the effect of legislation related to their departments, divisions or agencies. (d) Employees of the Legislature, Legislators, legislative agencies or legislative commissions. (e) Elected officers of this State and its political subdivisions who confine their lobbying activities to issues directly related to the scope of the office to which they were elected. (f) Persons who contact the members of the Legislature who are elected from the district in which they reside.

New Hampshire

New Hampshire 15:1 Registration

Registration for an individual considered a lobbyist is defined as follows:

Registration. – Any person who is employed for a consideration by any other person, except the state of New Hampshire, in a representative capacity to promote or oppose directly or indirectly any legislation pending or proposed before the general court shall first enter his or her appearance with the secretary of state in a book to be kept for that purpose, which book shall be open to public inspection. Such entry shall show the full names of employer and employed, their respective residences, the usual occupation of each, the date and character of the employment or agreement therefor, the duration of the employment if it can be determined, and the special subjects of legislation, if any, to which the employment relates. If the employment varies from time to time, such entries shall be varied accordingly. All registrations required under this section shall expire on December 1.

New Jersey

New Jersey Permanent Statutes

52:13C-20  Definitions.

lobbyist:  (d). The term “lobbyist” means any person, partnership, committee, association, corporation, labor union or any other organization that employs, engages or otherwise uses the services of any governmental affairs agent to influence legislation, regulation or governmental processes. (t). The terms “influence governmental processes”, “influencing governmental processes” or “influence governmental process” means to make any attempt, whether successful or not, to assist a represented entity or group to engage in communication with, or to secure information from, an officer or staff member of the Executive Branch, or any authority, board, commission or other agency or instrumentality in or of a principal department of the Executive Branch of State Government, empowered by law to administer a governmental process or perform other functions that relate to such processes. (u) The term “governmental process” means: promulgation of executive  orders; rate setting; development, negotiation, award, modification or cancellation of public contracts; issuance, denial, modification, renewal, revocation or suspension of permits, licenses or waivers;  procedures for bidding; imposition or modification of fines and penalties; procedures for purchasing; rendition of administrative determinations; and award, denial, modification, renewal or termination of financial assistance, grants and loans.
New Mexico

New Mexico Statutes Article 11

Lobbyist  Regulation 2-11-2.

Lobbying means attempting to influence: (1) a decision related to any matter to be considered or being considered by the legislative branch of state government or any legislative committee or any legislative matter requiring action by the governor or awaiting action by the governor; or (2) an official action;

Lobbyist means any individual who is compensated for the specific purpose of lobbying; is designated by an interest group or organization to represent it on a substantial or regular basis for the purpose of lobbying; or in the course of his employment is engaged in lobbying on a substantial or regular basis.

EXCEPTIONS:   Lobbyist does not include: (1) an individual who appears on his own behalf in connection with legislation or an official action;  (2)any elected or appointed officer of the state or its political subdivisions or an Indian tribe or pueblo acting in his official capacity; (3) an employee of the state or its political subdivisions, specifically designated by an elected or appointed officer of the state or its political subdivision, who appears before a legislative committee or in a rulemaking proceeding only to explain the effect of legislation or a rule on his agency or political subdivision, provided the elected or appointed officer of the state or its political subdivision keeps for public inspection, and files with the secretary of state, such designation; (4) any designated member of the staff of an elected state official, provided the elected state official keeps for public inspection and files with the secretary of state such designation; (5) a member of the legislature, the staff of any member of the legislature or the staff of any legislative committee when addressing legislation; (6) any witness called by a legislative committee or administrative agency to appear before that legislative committee or agency in connection with legislation or an official action; (7) an individual who provides only oral or written public testimony in connection with a legislative committee or in a rulemaking proceeding and whose name and the interest on behalf of which he testifies have been clearly and publicly identified; or (8) a publisher, owner or employee of the print media, radio or television, while gathering or disseminating news or editorial comment to the general public in the ordinary course of business;

Lobbyist’s employer means the person whose interests are being represented and by whom a lobbyist is directly or indirectly retained, compensated or employed;

New York

Legislative Law §1-c

Lobbyist:  The term  “lobbyist”  shall  mean  every  person  or  organization retained,  employed  or  designated by any client to engage in lobbying.

EXCEPTIONS:   The term “lobbyist” shall not include any  officer,  director,  trustee, employee,  counsel  or  agent  of  the  state,  or  any  municipality or subdivision thereof of New York when discharging their official  duties; except  those  officers,  directors,  trustees,  employees, counsels, or agents of colleges, as defined by section two of the education law. The term  “lobbying”  or  “lobbying  activities”  shall  mean  and include any attempt to influence: (i)  the  passage  or defeat of any legislation by either house of the state legislature or approval or disapproval of any legislation  by  the governor; (ii)  the  adoption,  issuance, rescission, modification or terms of a gubernatorial executive order; (iii) the adoption or rejection of any rule or regulation  having  the force and effect of law by a state agency; (iv) the outcome of any rate making proceeding by a state agency; (v)  any determination: (A)  by a public official, or by a person or entity working in cooperation  with  a  public  official  related  to  a governmental  procurement,  or  (B)  by  an  officer  or employee of the unified court system, or by a person or entity  working  in  cooperation with  an  officer  or  employee of the unified court system related to a governmental procurement; (vi) the approval, disapproval, implementation  or  administration  of tribal-state   compacts,   memoranda  of  understanding,  or  any  other tribal-state agreements and any other state actions related to Class III gaming as provided in 25 U.S.C. § 2701, except to the extent designation of such activities as “lobbying” is barred by the federal Indian  Gaming Regulatory Act, by a public official or by a person or entity working in cooperation  with  a  public  official  in  relation  to  such approval, disapproval, implementation or administration; (vii) the passage or defeat of any local law,  ordinance,  resolution, or regulation by any municipality or subdivision thereof; (viii) the adoption, issuance, rescission, modification or terms of an executive order issued by the chief executive officer of a municipality; (ix)  the adoption or rejection of any rule, regulation, or resolution having the force and effect of a local law,  ordinance,  resolution,  or regulation; or (x)  the  outcome of any rate making proceeding by any municipality or subdivision thereof.

EXCEPTIONS:   The term “lobbying” shall not include:

(A) Persons engaged in drafting,  advising  clients  on  or  rendering opinions on proposed legislation, rules, regulations or rates, municipal ordinances  and resolutions, executive orders, procurement contracts, or tribal-state  compacts,  memoranda  of  understanding,  or   any   other tribal-state  agreements or other written materials related to Class III gaming as provided in 25 U.S.C. § 2701, when such professional  services are  not  otherwise  connected  with  state  or municipal legislative or executive action on  such  legislation,  rules,  regulations  or  rates, municipal  ordinances  and  resolutions,  executive  orders, procurement contracts, or tribal-state compacts, memoranda of understanding, or  any other  tribal-state  agreements  or  other  written materials related to Class III gaming as provided in 25 U.S.C. § 2701;

(B)  Newspapers  and  other  periodicals  and  radio  and   television stations,   and  owners  and  employees  thereof,  provided  that  their activities in connection with proposed legislation,  rules,  regulations or  rates,  municipal  ordinances  and  resolutions,  executive  orders, tribal-state  compacts, memoranda of understanding or other tribal-state agreements related to Class III gaming as provided in 25 U.S.C. §  2701, or  procurement  contracts  by  a  state agency, municipal agency, local legislative body, the state legislature, or the  unified  court  system, are limited to the publication or broadcast of news items, editorials or other comments, or paid advertisements;

(C)   Persons   who  participate  as  witnesses,  attorneys  or  other representatives in public proceedings of a  state  or  municipal  agency with  respect  to all participation by such persons which is part of the public record thereof and all  preparation  by  such  persons  for  such participation;

(D) Persons who attempt to influence a state or municipal agency in an adjudicatory  proceeding,  as  “adjudicatory  proceeding”  is defined by section one hundred two of the state administrative procedure act;

(E) Persons who  prepare  or  submit  a  response  to  a  request  for information  or  comments  by  the state legislature, the governor, or a state agency or a committee or officer of the  legislature  or  a  state agency, or by the unified court system, or by a legislative or executive body  or officer of a municipality or a commission, committee or officer of a municipal legislative or executive body;

(F) Any attempt by a church, its integrated auxiliary, or a convention or association of churches that is exempt from filing a  federal  income tax return under paragraph 2(A)(i) of section 6033(a) of Title 26 of the United  States  Code  or  a religious order that is exempt from filing a federal income tax return under paragraph (2)(A)(iii)  of  such  section 6033(a)  to  influence  passage  or  defeat  of  a local law, ordinance, resolution or regulation or any rule or regulation having the force  and effect of a local law, ordinance or regulation;

(G)  Any  activity  relating  to  governmental procurements made under section one hundred sixty-two of the state finance law undertaken by (i) the non-profit-making agencies appointed  pursuant  to  paragraph  e  of subdivision  six  of  section one hundred sixty-two of the state finance law by the commissioner of the office of children and  family  services, the   commission   for  the  blind  and  visually  handicapped,  or  the commissioner  of  education,   and   (ii)   the   qualified   charitable non-profit-making  agencies  for  the  blind,  and  qualified charitable non-profit-making  agencies  for  other  severely  disabled  persons  as identified  in  subdivision  two of section one hundred sixty-two of the state finance law; provided, however, that any attempt to influence  the issuance  or terms of the specifications that serve as the basis for bid documents,  requests   for   proposals,   invitations   for   bids,   or solicitations  of  proposals,  or  any  other  method  for  soliciting a response from offerers intending to result  in  a  procurement  contract with  a state agency, the state legislature, the unified court system, a municipal agency or local legislative body shall not be exempt from  the definition   of   “lobbying”   or   “lobbying   activities”  under  this subparagraph;

(H) Participants, including those appearing on behalf of a client,  in a  conference  provided  for  in a request for proposals, invitation for bids, or any other  method  for  soliciting  a  response  from  offerers intending to result in a procurement contract;

(I)  Offerers  who  have  been  tentatively awarded a contract and are engaged in communications with a state agency, either house of the state legislature, the unified court  system,  a  municipal  agency  or  local legislative  body solely for the purpose of negotiating the terms of the procurement contract after being notified of such award or, when a state agency, either house of the state legislature, the unified court system, a municipal agency or local legislative body is purchasing an article of procurement pursuant to an existing state procurement contract, offerers who  are  engaged in communications with the procuring entity solely for the purpose of negotiating terms applicable to that purchase; or persons who currently hold a franchise and who are engaged  in  negotiating  the terms of a tentative franchise renewal contract with a municipality, but such  negotiations,  which  do  not  constitute lobbying, do not include communications to the local  legislative  body  that  must  approve  the contract;

(J) (i) Offerers or other persons who are a party to a protest, appeal or  other review proceeding (including the apparent successful bidder or proposer and his or her representatives) before the governmental  entity conducting the procurement seeking a final administrative determination, or in a subsequent judicial proceeding; or (ii)  Offerers  or  other  persons  who  bring  complaints  of alleged improper conduct in a governmental procurement to the attorney  general, inspector   general,   district   attorney,   or   court   of  competent jurisdiction; or (iii) Offerers or other persons who submit written  protests,  appeals or  complaints  to  the state comptroller’s office during the process of contract approval, where the state comptroller’s approval is required by law, and where such communications and any responses thereto are made in writing and shall be entered  in  the  procurement  record  pursuant  to section one hundred sixty-three of the state finance law; or (iv)  Offerers  or  other  persons  who  bring  complaints  of alleged improper conduct in a governmental procurement conducted by a  municipal agency or local legislative body to the state comptroller’s office; provided,  however,  that nothing in this paragraph shall be construed as recognizing or creating any new rights, duties or responsibilities or abrogating any  existing  rights,  duties  or  responsibilities  of  any governmental  entity as it pertains to implementation and enforcement of article eleven of the state finance law or any other  provision  of  law dealing with the governmental procurement process;

(K)  The submission of a bid or proposal (whether submitted orally, in writing or electronically) in  response  to  a  request  for  proposals, invitation  for  bids or any other method for soliciting a response from offerers intending to result in a procurement contract;

(L) Offerers submitting written questions to a designated contact of a state agency, either house of the state legislature, the  unified  court system,  a  municipal  agency  or  local legislative body set forth in a request for proposals, or invitation for bids or any  other  method  for soliciting a response from offerers intending to result in a procurement contract,   when   all   written  questions  and  responses  are  to  be disseminated to all offerers who  have  expressed  an  interest  in  the request  for  proposals, or invitation for bids, or any other method for soliciting a response from offerers intending to result in a procurement contract;

(M) Contacts during governmental procurements between designated staff of a state agency, either house of the state  legislature,  the  unified court  system,  a municipal agency or local legislative body involved in governmental procurements  and  officers  or  employees  of  bidders  or potential bidders, or officers or employees of subcontractors of bidders or  potential bidders, who are charged with the performance of functions relating to contracts and who are qualified by  education,  training  or experience   to  provide  technical  services  to  explain,  clarify  or demonstrate the qualities, characteristics or advantages of  an  article of  procurement.  Such  authorized  contacts  shall:  (i)  be limited to providing information to the staff of a state agency,  either  house  of the  state legislature, the unified court system, a municipal agency and local legislative body to assist them in understanding and assessing the qualities, characteristics or anticipated performance of an  article  of procurement;  (ii)  not  include  any  recommendations  or  advocate any contract provisions; and (iii) occur only at  such  times  and  in  such manner  as  authorized  under  the  procuring  entity’s  solicitation or guidelines and procedures. For the purposes of this paragraph, the  term “technical  services” shall be limited to analysis directly applying any accounting,  engineering,  scientific,  or   other   similar   technical disciplines;

N) Applications for licenses, certificates, and permits authorized by statutes or local laws or ordinances;

O)  The  activities  of  persons who are commission salespersons with respect to governmental procurements;

(P) Communications made by an officer or employee of the offerer after the award of the procurement contract when such  communications  are  in the  ordinary course of providing the article of procurement provided by the procurement contract and in the  ordinary  course  of  the  assigned duties  of  the  officer  or  employee;  provided, however, that nothing herein shall exempt: (i) an officer or employee whose primary purpose of employment  is  to  engage  in  lobbying  activities  with   regard   to governmental  procurements,  or  (ii) an agent or independent contractor hired by an offerer and whose primary duty  is  to  engage  in  lobbying activities with regard to governmental procurements; and

(Q)   Persons   who  communicate  with  public  officials  where  such communications are limited to obtaining factual information  related  to benefits  or incentives offered by a state or municipal agency and where such communications do  not  include  any  recommendations  or  advocate governmental  action  or  contract  provisions,  and  further where such communications are not otherwise connected with pending  legislative  or executive  action  or determinations; provided, however, that any person who is otherwise required to file a statement or report pursuant to this article by virtue of engaging in lobbying activities as defined in  this section  shall  not  be deemed to fall within the exception provided for under this paragraph.

North Carolina

North Carolina General Statutes

Chapter  120C

lobbying:   influencing or attempting to influence legislative or executive action through (1) direct communication or activities with designated individuals or their immediate families or (2) the development of goodwill “through communications or activities, including the building of relationships,” with designated individuals or their immediate families. A designated individual is a legislator, a legislative employee, or a public servant.

EXCEPTIONS:  Lobbying does not include contacts that are part of a business, civic, religious, fraternal, personal, or commercial relationship that is not connected to legislative or executive action.

Lobbyist:  A lobbyist is defined generally as a person who is employed or compensated to lobby, although an employee who spends less than 5 percent of his or her job duties lobbying in any thirty-day period is not considered a lobbyist.

EXCEPTIONS:

G.S. 120C-700 specifically exempts certain individuals from G.S. Chapter 120C, including the following:

• An individual expressing a personal opinion and not acting as a lobbyist

• An individual who appears before a committee, board, or other collective body that includes a designated individual at the group’s invitation and who does not engage in further lobbying activities on that matter

• State, federal, and local officials whose actions are solely related to their public duties, except that officials designated as lobbying liaison personnel are not exempt from the requirements of G.S. Chapter 120C

• Members of a recognized news medium engaged in the gathering and publication of news

• Designated individuals acting in their official capacities

• A person who is responding to inquiries from a designated individual and does not conduct further lobbying activities

• A political committee or its employee or service provider

LIAISON PERSONNEL:  Article 5 of G.S. Chapter 120C creates a category of lobbyists called liaison personnel. Liaison personnel are state employees whose principal duties include lobbying for legislative action (but not executive action) on behalf of various state departments, boards, divisions, and units of government, including constituent institutions of the University of North Carolina. Each entity is limited to two liaison personnel. Liaison personnel are exempt from G.S. Chapter 120C, except they must register as lobbyists and file quarterly expenditure reports. They are also subject to G.S. Chapter 120C’s gift restrictions. Article 5 includes a general prohibition against the University of North Carolina or its constituent institutions, and those institutions’ liaison personnel, from giving athletic tickets to designated individuals for the purpose of lobbying.

lobbyist’s principal and principal:  The person on whose behalf the lobbyist lobbies. In the case where a lobbyist is compensated by a law firm, consulting firm, or other entity retained by a person for lobbying, the principal is the person whose interests the lobbyist represents in lobbying. In the case of a lobbyist employed or retained by an association or other organization, the lobbyist’s principal is the association or other organization, not the individual members of the association or other organization.

North Dakota

North Dakota Code
Chapter 54-05.1-02
Legislative Lobbying

Lobbyist:  The term lobbyist applies to any person who in any manner whatsoever, directly or indirectly, performs any of the following activities: (a.) Attempts to secure the passage, amendment, or defeat of any legislation by the legislative assembly or the approval or veto of any legislation by the governor of the state. (b.) Attempts to influence decisions made by the legislative council or by an interim committee of the legislative council.

For the purposes of this chapter, persons required to register under this chapter because of the performance activities described in this subsection must be known as “lobbyists.”

EXCEPTIONS:  Lobbyist does not apply to any person who is: (a.) A legislator. (b.) A private citizen appearing on the citizen’s own behalf. (c.) An employee, officer, board member, volunteer, or agent of the state or its political subdivisions whether elected or appointed and whether or not compensated, who is acting in that person’s official capacity. (d). Invited by the chairman of the legislative council, an interim committee of the legislative council, or a standing committee of the legislative assembly to appear before the council, interim committee, or standing committee for the purpose of providing information. (e.) An individual who appears before a legislative committee for the sole purpose of presenting testimony on behalf of a trade or professional organization or a business or industry if the individual is introduced to the committee by the registered lobbyist for the trade or professional organization or the business or industry.

Ohio

Ohio Revised Code 101.70; 121.60

(Title 1, State Government; Chapter 121, State Departments; 121.60-121.69, Executive Agency Lobbying )

(Retirement system lobbyists are discussed in section 101.90)

Legislative agent means any individual, except a member of the general assembly, a member of the staff of the general assembly, the governor, lieutenant governor, attorney general, secretary of state, treasurer of state, or auditor of state, who is engaged during at least a portion of his time to actively advocate as one of his main purposes.

Retirement system lobbyist means any person engaged to influence retirement system decisions or to conduct retirement system lobbying activity as one of the person’s main purposes on a regular and substantial basis. “Retirement system lobbyist” does not include an elected or appointed officer or employee of a federal or state agency, or political subdivision who attempts to influence or affect executive agency decisions in a fiduciary capacity as a representative of the officer’s or employee’s agency or political subdivision.
Retirement system lobbying activity means contacts made to promote, oppose, reward, or otherwise influence the outcome of a retirement system decision by direct communication with a member of a board of a state retirement system, a state retirement system investment official, or an employee of a state retirement system whose position involves substantial and material exercise of discretion in the investment of retirement system funds.

Executive agency lobbyist means any person engaged to influence executive agency decisions or to conduct executive agency lobbying activity as one of his main purposes on a regular and substantial basis. “Executive agency lobbyist” does not include an elected or appointed officer or employee of a federal or state agency, state college, state university, or political subdivision who attempts to influence or affect executive agency decisions in his fiduciary capacity as a representative of his agency, college, university, or political subdivision.

Executive agency lobbying activity means contacts made to promote, oppose, or otherwise influence the outcome of an executive agency decision by direct communication with an elected executive official, the director of any department listed in section 121.02 of the Revised Code, any executive agency official, or a member of the staff of any public officer or employee listed in this division.

Oklahoma

Oklahoma Statutes Title 74 Chapter 62

Lobbying, or any derivative of the word thereof, means any oral or written communication with a member of the Legislature or with the Governor or with a member of the judiciary or with an employee of the Legislature or the Governor or the judiciary on behalf of a lobbyist principal with regard to the passage, defeat, formulation, modification, interpretation, amendment, adoption, approval or veto of any legislation, rules, regulation, executive order or any other program, policy or position of the state government;

EXCEPTIONS:  Lobbying shall not mean testimony given before, or submitted in writing to, a committee or subcommittee of the Legislature, nor a speech, article, publication or other material that is widely distributed, published in newspapers, magazines, or similar publications or broadcast on radio or television; provided further, it shall not mean representation of himself or a client by an attorney, acting in a professional capacity as an attorney, in a court proceeding or quasi-judicial proceeding.

Lobbyist means any individual who is employed or retained by another for financial or other compensation to perform services that include lobbying, other than an individual whose lobbying activities are only incidental to, and are not a significant part of, the services provided by such individual to the client, except as exempted by Section 4228 of Title 74 of the Oklahoma Statutes or as it may here after be renumbered or recodified.

Lobbyist Principal means any person who employs or retains another person for financial or other compensation to conduct lobbying activities on behalf of the lobbyist principal

Lobbyist Principal does not mean any individual members, partners, officers or shareholders of a corporation, association, firm, joint venture, joint stock company, syndicate, business trust, estate, trust, company, partnership, limited partnership, organization, committee, or club, or a group of persons voluntarily acting in concert.

Oregon

Oregon Revised Statutes
Chapter 171.725 — State Legislature

Lobbying means influencing, or attempting to influence, legislative action through oral or written communication with legislative officials, solicitation of others to influence or attempt to influence legislative action or attempting to obtain the good will of legislative officials.

Lobbyist means: (a) Any individual who agrees to provide personal services for money or any other consideration for the purpose of lobbying.  (b) Any person not otherwise subject to paragraph (a) of this subsection who provides personal services as a representative of a corporation, association, organization or other group, for the purpose of lobbying.  (c) Any public official who lobbies.

Pennsylvania’s Lobbying Disclosure Act

65 Pa. C.S. Sec. 1301-A et seq.

Lobbying:  An effort to influence legislative action or administrative action in this Commonwealth.  The term includes: (1) direct or indirect communication; (2) office expenses; and (3) providing any gift, hospitality, transportation or lodging to a State official or employee for the purpose of advancing the interest of the lobbyist or principal.

Lobbyist: Any individual, association, corporation, partnership, business trust or business trust or other entity that engages in lobbying on behalf of a principal for economic consideration. The term includes an attorney at law while engaged in lobbying.

EXCEPTIONS:  The following persons and activities shall be exempt from registration under section 1304-A (relating to registration) and reporting under section 1305-A (relating to reporting):

(1)          An individual who limits lobbying to preparing testimony and testifying before a committee of the General Assembly or participating in an administrative proceeding of an agency.

(2)          An individual who is an employee of an entity engaged in the business of publishing or broadcasting while engaged in the gathering and dissemination of news and comment on the news to the general public in the ordinary course of business.

(3)          An individual who does not receive economic consideration for lobbying.

(4)          An individual whose economic consideration for lobbying, from all principals represented, does not exceed $2,500 in the aggregate during any reporting period.

(5)          An individual who engages in lobbying on behalf of the individual’s employer if the lobbying represents less than 20 hours during any reporting period.

(6)          Except as required under Section 1305-A(d), a principal whose total expenses for lobbying purposes do not exceed $2,500 during any reporting period.

(7)          An elected State official who acts in an official capacity.

(8)          An appointed State official acting in an official capacity.

(9)          An elected or appointed official of a political subdivision who is acting in an official capacity for the political subdivision.

(10)        An employee of the Commonwealth or an agency of the Commonwealth who is acting in an official capacity for the Commonwealth or agency.

(11)        An individual representing a bona fide church or bona fide religious body of which the individual is a member where the lobbying is solely for the purpose of protecting the constitutional right to the free exercise of religion.

(12)        An individual who is not a registered lobbyist and who serves on an advisory board, working group or task force at the request of an agency or the General Assembly.

(13)        Participating as a party or as an attorney at law or representative of a party, case or controversy in any administrative adjudication pursuant to 2 Pa.C.S. (relating to administrative law and procedure).

(14)        Expenditures and other transactions subject to reporting under Article XVI of the act of June 3, 1937 (P.L. 1333, No. 320), known as the Pennsylvania Election Code.

(15)        Vendor activities under 62 Pa.C.S. §§ 514 (relating to small procurements), 516 (relating to emergency procurements) and efforts directly related to responding to publicly advertised invitations to bid and requests for proposals.

Rhode Island

Rhode Island General Laws 22-10-2

Lobbying means acting directly or soliciting others to act for the purpose of promoting, opposing, amending, or influencing in any manner the passage by the general assembly of any legislation or the action on that legislation by the governor.

Lobbyist means any person who engages in lobbying as the appointed representative of another person.  A person is “appointed” by another if he or she receives compensation for lobbying or pursuant to a mutual understanding or agreement engages in lobbying. “Compensation” means any remuneration received or to be received for services rendered as a lobbyist, whether in the form of a fee, salary, forbearance, forgiveness, reimbursement for expenses or any other form or recompense, and any combination thereof. Where lobbying is incidental to a person’s regular employment, his or her compensation for lobbying shall be reported as such and the lobbyist shall record the dollar amount of that portion of his or her compensation that is attributed to the time spent pursuing lobbying activities. In such instances, it shall not be necessary to disclose one’s total salary or the percentage of one’s time spent on lobbying. The lobbyist shall be required to disclose only his or her best good faith estimate of the dollar amount which corresponds to the portion of his or her time spent on lobbying activities.

Person means an individual, firm, business, corporation, association, partnership, or other group.

EXCEPTIONS:  The following persons shall be exempt from the provisions of this chapter:

(1) Any elected public official or the official’s designee acting in his or her official capacity.

(2) News media executives or their employees or agents, who in the ordinary course of business write, publish, or broadcast news items, editorials, or other comments or paid advertisements which directly or indirectly urge legislative action, if such persons engage in no other lobbying activities in connection with such action.

(3) Persons engaged solely in drafting legislation.

(4) Persons who appear solely for themselves or at the request of a legislative committee or any general officer to testify at a public forum in support of or in opposition to legislation.

(5) Persons whose sole lobbying activity is testifying at a public hearing of a legislative committee or commission on behalf of a nonprofit organization and who receive no compensation from that nonprofit organization and for whom said organization expends no funds related to the appearance.

South Carolina

South Carolina Code 2-17-10

Lobbying means promoting or opposing through direct communication with public officials or public employees: (a) the introduction or enactment of legislation before the General Assembly or the committees or members of the General Assembly; (b) covered gubernatorial actions; (c) covered agency actions; or (d) consideration of the election or appointment of an individual to a public office elected or appointed by the General Assembly.

EXCEPTIONS:  Lobbying does not include the activities of a member of the General Assembly, a member of the staff of a member of the Senate or House of Representatives, the Governor, the Lieutenant Governor, or a member of the executive staff of the Governor or Lieutenant Governor acting in his capacity as a public official or public employee with regard to his public duties.

Lobbyist means any person who is employed, appointed, or retained, with or without compensation, by another person to influence by direct communication with public officials or public employees: (i) the action or vote of any member of the General Assembly, the Governor, the Lieutenant Governor, or any other statewide constitutional officer concerning any legislation; (ii) the vote of any public official on any state agency, board, or commission concerning any covered agency actions; or (iii) the action of the Governor or any member of his executive staff concerning any covered gubernatorial actions. “Lobbyist” also means any person who is employed, appointed, or retained, with or without compensation, by a state agency, college, university, or other institution of higher learning to influence by direct communication with public officials or public employees: (i) the action or vote of any member of the General Assembly, the Governor, the Lieutenant Governor, or any other statewide constitutional officer concerning any legislation; (ii) the vote of any public official of any state agency, board, or commission concerning any covered agency actions; or (iii) the action of the Governor or any member of his executive staff concerning any covered gubernatorial actions.

EXCEPTIONS:  Lobbyist does not include: (a) an individual who receives no compensation to engage in lobbying and who expresses a personal opinion on legislation, covered gubernatorial actions, or covered agency actions to any public official or public employee; (b) a person who appears only before public sessions of committees or subcommittees of the General Assembly, public hearings of state agencies, public hearings before any public body of a quasi-judicial nature, or proceedings of any court of this State; (c) any duly elected or appointed official or employee of the State, the United States, a county, municipality, school district, or a political subdivision thereof, or a member of the judiciary when appearing solely on matters pertaining to his office and public duties unless lobbying constitutes a regular and substantial portion of such official’s or employee’s duties; (d) a person performing professional services in drafting legislation or in advising and rendering opinions to clients as to the construction and effect of proposed or pending legislation; (e) a person who owns, publishes, or is employed by a radio station, television station, wire service, or other bona fide news medium which in the ordinary course of business disseminates news, editorials, columns, other comments, or other regularly published periodicals if such person represents no other person in lobbying for legislation, covered agency actions, or covered gubernatorial actions. This exception applies to the publication of any periodical which is published and distributed by a membership organization to its subscribers at least twelve times annually and for which an annual subscription charge of at least one dollar fifty cents a subscriber is made; (f) a person who represents any established church solely for the purpose of protecting the rights of the membership of the church or for the purpose of protecting the doctrines of the church or on matters considered to have an adverse effect upon the moral welfare of the membership of the church; (g) a person who is running for office elected by the General Assembly or a person soliciting votes on the behalf of a person who is running for office elected by the General Assembly unless such person is otherwise defined as a lobbyist by this section; or (h) an individual who receives no compensation to engage in lobbying and who does not make expenditures or incur obligations for lobbying in an aggregate amount in excess of five hundred dollars in a calendar year.

Lobbyist’s principal means the person on whose behalf and for whose benefit the lobbyist engages in lobbying and who directly employs, appoints, or retains a lobbyist to engage in lobbying. However, a lobbyist’s principal does not include a person who belongs to an association or organization that employs a lobbyist, nor an employee, officer, or shareholder of a person who employs a lobbyist. If a membership association or organization is a lobbyist’s principal, the association or organization must register and report under the provisions of this chapter. A person is considered a lobbyist’s principal only as to the public office or public body to which he has authorized, pursuant to this chapter, a lobbyist to engage in lobbying.

South Dakota

South Dakota Code 2-12-1

Lobbyist is any person who employs any other person to act as a lobbyist to seek the introduction of legislation or to promote, oppose, or influence in any manner the passage by the Legislature of any legislation affecting the special interests of any agency, individual, association, or business, as distinct from those of the whole people of the state, or to act in any manner as a lobbyist in connection with any such legislation, shall register the name of the person so employed or agreed to be employed, with the secretary of state, to be included in a directory of registered lobbyists as hereinafter provided. The lobbyist shall also register with the secretary of state. Upon the termination of such employment prior to the adjournment sine die of a legislative session, such fact shall be entered opposite the name of any person so employed, either by the employer or employee.

Tennessee

Tennessee Code 3-6-301(15) and (17)

Lobby means to communicate, directly or indirectly, with any official in the legislative branch or executive branch, for pay or for any consideration, for the purpose of influencing any legislative action or administrative action.

Lobbyist means any person who engages in lobbying for compensation.

Texas

Texas Government Code
Title 3, Legislative Branch.
305.003. Persons Required to Register 305.002.  Definitions

§ 305.003.  PERSONS REQUIRED TO REGISTER

(a)  A person must register with the commission under this chapter if the person:

(1)  makes a total expenditure of an amount determined by commission rule but not less than $200 in a calendar quarter, not including the person’s own travel, food, or lodging expenses or the person’s own membership dues, on activities described in Section 305.006(b) to communicate directly with one or more members of the legislative or executive branch to influence legislation or administrative action;  or

(2)  receives compensation or reimbursement, not including reimbursement for the person’s own travel, food, or lodging expenses or the person’s own membership dues, of more than an amount determined by commission rule but not less than $200 in a calendar quarter from another person to communicate directly with a member of the legislative or executive branch to influence legislation or administrative action.

(b)  Subsection (a)(2) requires a person to register if the person, as part of his regular employment, has communicated directly with a member of the legislative or executive branch to influence legislation or administrative action on behalf of the

person by whom he is compensated or reimbursed, whether or not the person receives any compensation for the communication in addition to the salary for that regular employment.

305.002.  Definitions (1)  “Administrative action” means rulemaking, licensing, or any other matter that may be the subject of action by a state agency, including the proposal, consideration, or approval of the matter.

Utah

Utah Code Title 36-11-102

Lobbying means communicating with a public official for the purpose of influencing the passage, defeat, amendment, or postponement of legislative or executive action.

Lobbyist means an individual who is employed by a principal or who contracts for economic consideration, other than reimbursement for reasonable travel expenses, with a principal to lobby a public official.

EXCEPTIONS:  Lobbyist does not include: (i)  a public official while acting in his official capacity on matters pertaining to his office or a state employee while acting within the scope of his employment; (ii)  any person appearing at, or providing written comments to, a hearing conducted in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act or Title 63, Chapter 46b, Administrative Procedures Act; (iii)  any person participating on or appearing before an advisory or study task force, commission, board, or committee, constituted by the Legislature or any agency or department of state government, except legislative standing, appropriation, or interim committees; (iv)  a representative of a political party; (v)  an individual representing a bona fide church solely for the purpose of protecting the right to practice the religious doctrines of the church unless the individual or church makes an expenditure that confers a benefit on a public official; (vi)  a newspaper, television station or network, radio station or network, periodical of general circulation, or book publisher for the purpose of publishing news items, editorials, other comments, or paid advertisements that directly or indirectly urge legislative or executive action; (vii)  an elected official of a local government while acting within the scope of his official capacity on matters pertaining to his office or an employee of a local government while acting within the scope of his employment; or (viii)  an individual who appears on his own behalf before a committee of the Legislature or an executive branch agency solely for the purpose of testifying in support of or in opposition to legislative or executive action.

Vermont

Vermont Code Title 2 Chapter 11
Section 261

Lobby or lobbying means: (A) to communicate orally or in writing with any legislator or administrative official for the purpose of influencing legislative or administrative action; (B) solicitation of others to influence legislative or administrative action; (C) an attempt to obtain the goodwill of a legislator or administrative official by communications or activities with that legislator or administrative official intended ultimately to influence legislative or administrative action; or (D) activities sponsored by an employer or lobbyist on behalf of or for the benefit of the members of an interest group, if a principal purpose of the activity is to enable such members to communicate orally with one or more legislators or administrative officials for the purpose of influencing legislative or administrative action or to obtain their goodwill.

Lobbyist means a person who engages in lobbying for compensation of more than $500.00 or expends more than $500.00 lobbying in any calendar year and employs or contracts with more than one individual lobbyist.

Virginia

Virginia Code § 2.2-419

Lobbying means: (1.) Influencing or attempting to influence executive or legislative action through oral or written communication with an executive or legislative official; or (2.) Solicitation of others to influence an executive or legislative official.

EXCEPTIONS:  Lobbying does not mean: (1.) Requests for appointments, information on the status of pending executive and legislative actions, or other ministerial contacts if there is no attempt to influence executive or legislative actions; (2.) Responses to published notices soliciting public comment submitted to the public official designated in the notice to receive the responses; (3.) The solicitation of an association by its members to influence legislative or executive action; or (4.) Communications between an association and its members and communications between a principal and its lobbyists.

Lobbyist means: (1.) An individual who is employed and receives payments, or who contracts for economic consideration, including reimbursement for reasonable travel and living expenses, for the purpose of lobbying; (2.) An individual who represents an organization, association, or other group for the purpose of lobbying; or (3.) A local government employee who lobbies.

Lobbyist’s principal or principal means the entity on whose behalf the lobbyist influences or attempts to influence executive or legislative action. An organization whose employees conduct lobbying activities on its behalf is both a principal and an employer of the lobbyists. In the case of a coalition or association that employs or retains others to conduct lobbying activities on behalf of its membership, the principal is the coalition or association and not its individual members.

Washington

Washington Code
RCW 42.17.020

Lobby and lobbying each mean attempting to influence the passage or defeat of any legislation by the legislature of the state of Washington, or the adoption or rejection of any rule, standard, rate, or other legislative enactment of any state agency under the state Administrative Procedure Act, chapter 34.05 RCW. Neither “lobby” nor “lobbying” includes an association’s or other organization’s act of communicating with the members of that association or organization.

Lobbyist includes any person who lobbies either in his or her own or another’s behalf.

Lobbyist’s employer means the person or persons by whom a lobbyist is employed and all persons by whom he or she is compensated for acting as a lobbyist.

West Virginia

West Virginia Code §6B-3-1

Lobbying or lobbying activity means the act of communicating with a government officer or employee to promote, advocate or oppose or otherwise attempt to influence: (i) The passage or defeat or the executive approval or veto of any legislation which may be considered by the Legislature of this state; or (ii) The adoption or rejection of any rule, regulation, legislative rule, standard, rate, fee or other delegated legislative or quasilegislative action to be taken or withheld by any executive department.

Lobbying firm means any business entity, including an individual contract lobbyist, which meets either of the following criteria: (A) The business entity receives or becomes entitled to receive any compensation, other than reimbursement for reasonable travel expenses, for the purpose of lobbying on behalf of any other person, and any partner, owner, officer or employee of the business entity. (B) The business entity receives or becomes entitled to receive any compensation, other than reimbursement for reasonable travel expenses, to communicate directly with any elected state official, agency official or legislative official for the purpose of lobbying on behalf of any other person.

Lobbyist means any individual employed by a lobbying firm or who is otherwise employed or contracts for economic consideration, other than reimbursement for reasonable travel expenses, to communicate directly or through his or her agents with any elective state official, agency official or legislative official for the purpose of promoting, advocating, opposing or otherwise attempting to influence: (i) The passage or defeat or the executive approval or veto of any legislation which may be considered by the Legislature of this state; or (ii) The adoption or rejection of any rule, legislative rule, standard, rate, fee or other delegated legislative or quasilegislative action to be taken or withheld by any executive department.

(1) “Compensation” means money or any other thing of value received or to be received by a lobbyist from an employer for services rendered.

(2) “Employer” or “lobbyist’s employer” means any person who employs or retains a lobbyist.

(3) “Expenditure” means payment, distribution, loan, advance deposit, reimbursement, or gift of money, real or personal property or any other thing of value; or a contract, promise or agreement, whether or not legally enforceable.

(4) “Government officer or employee” means a member of the Legislature, a legislative employee, the governor and other members of the board of public works, heads of executive departments, and any other public officer or public employee under the legislative or executive branch of state government who is empowered or

authorized to make policy and perform non-ministerial functions. In the case of elected offices included herein, the term “government officer or employee” shall include candidates who have been elected but who have not yet assumed office.

(5) “Legislation” means bills, resolutions, motions, amendments, nominations, and other matters pending or proposed in either house of the Legislature, and includes any other matters that may be the subject of action by either house or any committee of the Legislature and all bills or resolutions that, having passed both houses, are pending approval or veto by the governor.

EXCEPTIONS:  The term lobbyist does not include the following persons, who are exempt from the registration and reporting requirements set forth in this article, unless they engage in activities which would otherwise subject them to the registration and reporting requirements: (i) Persons who limit their lobbying activities to appearing before public sessions of committees of the Legislature, or public hearings of state agencies, are exempt. (ii) Persons who limit their lobbying activities to attending receptions, dinners, parties or other group functions and make no expenditure in connection with such lobbying are exempt. (iii) Persons who engage in news or feature reporting activities and editorial comment as working members of the press, radio or television and persons who publish or disseminate such news, features or editorial comment through a newspaper, book, regularly published periodical, radio station or television station are exempt. (iv) Persons who lobby without compensation or other consideration, other than reimbursement for reasonable travel expenses, for acting as lobbyists, who are not employed by a lobbying firm or lobbyist employer, and whose total expenditures in connection with lobbying activities do not exceed one hundred fifty dollars during any calendar year, are exempt. The exemptions contained in this subparagraph and in subparagraph (ii) are intended to permit and encourage citizens of this state to exercise their constitutional rights to assemble in a peaceable manner, consult for the common good, instruct their representatives, and apply for a redress of grievances. Accordingly, such persons may lobby without incurring any registration or reporting obligation under this article. Any person exempt under this subparagraph or subparagraph (ii) may at his or her option register and report under this article. (v) Persons who lobby on behalf of a nonprofit organization with regard to legislation, without compensation, and who restrict their lobbying activities to no more than twenty days or parts thereof during any regular session of the Legislature, are exempt. The Commission may promulgate a legislative rule to require registration and reporting by persons who would otherwise be exempt under this subparagraph, if it determines that such rule is necessary to prevent frustration of the purposes of this article. Any person exempt under this subparagraph may, at his or her option, register and report under this article. (vi) The Governor, members of the Governor’s staff, members of the Board of Public Works, officers and employees of the executive branch who communicate with a member of the Legislature on the request of that member, or who communicate with the Legislature, through the proper official channels, requests for legislative action or appropriations which are deemed necessary for the efficient conduct of the public business or which are made in the proper performance of their official duties, are exempt. (vii) Members of the Legislature are exempt. (viii) Persons employed by the Legislature for the purpose of aiding in the preparation or enactment of legislation or the performance of legislative duties are exempt. (ix) Persons rendering professional services in drafting proposed legislation or in advising or rendering opinions to clients as to the construction and effect of proposed or pending legislation are exempt.

Grass roots lobbying campaigns: (1) Any person who has made expenditures, not required to be reported under other sections of this chapter, exceeding five hundred dollars in the aggregate within any three-month period or exceeding two hundred dollars in the aggregate within any one-month period in presenting a program addressed to the public, a substantial portion of which is intended, designed or calculated primarily to influence legislation, shall be required to register and report, as provided in subsection (2) of this section, as a sponsor of a grass roots lobbying campaign.

(2) Within thirty days after becoming a sponsor of a grass roots lobbying campaign, the sponsor shall register by filing with the ethics commission a registration statement, in such detail as the commission shall prescribe, showing:

(a) The sponsor’s name, address and business or occupation, and, if the sponsor is not an individual, the names, addresses, and titles of the controlling persons responsible for managing the sponsor’s affairs;

(b) The names, addresses and business or occupation of all persons organizing and managing the campaign, or hired to assist the campaign, including any public relations or advertising firms participating in the campaign, and the terms of compensation for all such person

(c) The names and addresses of each person contributing twenty-five dollars or more to the campaign and the aggregate amount contributed;

(d) The purpose of the campaign, including the specific legislation, rules, rates, standards or proposals that are the subject matter of the campaign;

(e) The totals of all expenditures made or incurred to date on behalf of the campaign, which totals shall be segregated according to financial category, including, but not limited to, the following: Advertising, segregated by media, and, in the case of large expenditures (as provided by legislative rule of the commission), by outlet; contributions; entertainment, including meals and beverages; office expenses, including rent and the salaries and wages paid for staff and secretarial assistance, or the proportionate amount thereof paid or incurred for lobbying

campaign activities; consultants; and printing and mailing expenses.

(3) Every sponsor who has registered under this section shall file reports with the commission, which reports shall be filed for the same time periods required for the filing of lobbyists’ reports under the provisions of section four of this article.

(4) When the campaign has been terminated, the sponsor shall file a notice of termination with the final monthly report, which notice shall state the totals of all contributions and expenditures made on behalf of the campaign, in the same manner as provided for in the registration statement.

Wisconsin

Wisconsin Statutes

Chapter 13, Subchapter III of Ch. 13

13.62

Lobbying means the practice of attempting to influence legislative or administrative action by oral or written communication with any elective state official, agency official or legislative employee, and includes time spent in preparation for such communication and appearances at public hearings or meetings or service on a committee in which such preparation or communication occurs.

Lobbying communication means an oral or written communication with any agency official, elective state official or legislative employee that attempts to influence legislative or administrative action, unless exempted under s. 13.621.

Lobbying expenditure means an expenditure related to the performance of lobbying, whether received in the form of an advance or subsequent reimbursement.  The term includes an expenditure for conducting research or for providing or using information, statistics, studies or analyses in communicating with an official that would not have been incurred but for lobbying.

Lobbyist means an individual who is employed by a principal, or contracts for or receives economic consideration, other than reimbursement for actual expenses, from a principal and whose duties include lobbying on behalf of the principal.  If an individual’s duties on behalf of a principal are not limited exclusively to lobbying, the individual is a lobbyist only if he or she makes lobbying communications on each of at least 5 days within a reporting period

Wyoming

Wyoming Statutes 28-7-101

Lobby or as a lobbyist means to attempt to influence legislation.

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