Who needs to Register as a Lobbyist?
No person shall engage in the activity of a lobbyist unless such person is registered with the commission as a lobbyist.
Generally, a lobbyist is:
- any person who is paid specifically to take any action intended to promote or oppose the passage of any legislation/ regulation/ordinance by the State legislature and Governor, any State Agency, any City or County government and who spends more than 10% of his/her working hours doing this, including time spent in planning, researching, or preparing for such activities OR
- any person who spends $1000 or more per calendar year in taking any actions intended to promote or oppose the passage of any legislation/ regulation/ordinance by the State legislature and Governor, any State Agency, any City or County government OR
- any person who is paid specifically to influence the selection of a vendor to supply any goods or services to any state agency (includes any county or municipal government agency) and who spends more than 10% of his/her working hours doing this, including time spent in planning, researching, or preparing for such activities (but a lobbyist is not a bona fide salesperson)
The statutory Definition of a lobbyist is below:
“Lobbyist” means, subject to the qualifications at the end of this paragraph
(A) Any natural person who, either individually or as an employee of another person, is compensated specifically for undertaking 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 $1,000.00 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, either individually or as an employee of another person, is compensated specifically for undertaking 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 $1,000.00 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 or independent contractor of the vendor solely on the basis that such employee or independent contractor 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 and shall not include a bona fide salesperson who sells to or contracts with a state agency for goods or services and who does not otherwise engage in activities described in subparagraphs (A) through (F) or (H) through (J) of this paragraph
(H) Any natural person who, either individually or as an employee of another person, is compensated specifically for undertaking to promote or oppose the passage of any rule or regulation of any state agency;
(I) Any natural person who, either individually or as an employee of another person is compensated specifically for undertaking to promote or oppose any matter before the State Transportation Board; or
Any natural person who makes a total expenditure of more than $1,000.00 in a calendar year, not including the person’s own travel, food, lodging expenses, or informational material, to promote or oppose any matter before the State Transportation Board.
The provisions of subparagraphs (A), (C), (D), (F), (G), (H), and (I) of this paragraph shall apply only where the person in question spends more than 10 percent of his or her working hours engaged in the activities described in one or more of those subparagraphs. In the case of a person who is employed by a single employer, the 10 percent test shall be applied to all time worked for that employer. In the case of a person who is employed by more than one employer or retained by more than one client, the 10 percent test shall be applied separately with respect to time spent working for each employer and each client. A person who spends less than 10 percent of his or her time working for an employer or client engaged in such activities shall not be required to register as or be subject to regulation as a lobbyist for that employer or client. In applying the 10 percent test, time spent in planning, researching, or preparing for activities described in subparagraphs (A), (C), (D), (F), (G), (H), and (I) of this paragraph shall be counted as time engaged in such activities. When registration is required, the time of registration shall be as provided in Code Section 21-5-71.
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