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2011 lobbyist guide v2


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2011 lobbyist guide v2

  1. 1. Georgia Government Transparency and Campaign Finance Commission<br />PRESENTS<br />LOBBYISTTRAINING<br />
  2. 2. Basic Reminders:<br /><ul><li>No lobbying on the Capitol floor during session.
  3. 3.  A lobbyist is not eligible for executive appointment to any state board, authority, commission, or bureau which regulates the activities of a business, firm, corporation, or agency that the lobbyist represented until one year after the expiration of the lobbyist's registration for that business, firm, corporation, or agency.
  4. 4. Taking a friend who is public officer, public employee or family member of the public officer or employee to lunch/dinner is a kind gesture, and is a reportable expense by a registered lobbyist.
  5. 5. Vendor gift disclosure does not fall under lobby law
  6. 6. You have to defend what you do/do not report</li></li></ul><li>Lobbyist Registration:<br />When do I need to Register?<br /><ul><li>If you are an employee of another, when you spend more than 10% of your working time conducting lobbying activities.
  7. 7. If you are a consultant or independent contractor, when you spend more than 10% of your time working for an individual client conducting lobbying activities. Time spent on lobbying activities is applied separately for each client. </li></ul>In applying the 10 percent test, time spent in planning, researching, or preparing for lobbying activities.<br /><ul><li>If you make expenditures of greater than $1000 in a calendar year when lobbying for yourself . Personal expenses made to promote or oppose the passage of legislation such as travel, food and lodging and informational materials are not considered expenditures for purposes of fulfilling the $1000 expenditure threshold.</li></li></ul><li>Four Levels of Lobbying<br />StateLocalVendorState Agency <br />Lobbyist is defined in the <br />Ethics in Government Act <br />under O.C.G.A. 21-5-70 (5)<br />
  8. 8. State Level<br />An individual who engages in any activity 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<br />Remember: the individual must spend more than 10% of his time engaged in lobbying or make expenditures greater than $1,000.<br />5<br />
  9. 9. Local Level<br />An individual who engages in any activity to promote or oppose the passage of any ordinance or resolution at the city/county level<br />Remember: the individual must spend more than 10% of his time engaged in lobbying or make expenditures greater than $1,000.<br />6<br />
  10. 10. Vendor<br />An individual hired specifically to influence the selection of a vendor to supply any goods or services to any state agency<br /><ul><li>The individual must spend more than 10% of his time engaged in lobbying
  11. 11. A vendor lobbyist is not a bona fide salesperson who sells to or contracts with a state agency for goods and services and who is not also a state, agency, local level or State Transportation Board lobbyist
  12. 12. Vendor lobbyist does not include an employee of a vendor who performs administrative duties in preparing a bid or proposal</li></ul>7<br />
  13. 13. State Agency<br />An individual hired specifically to promote or oppose the passage of any rule or regulation of any state agency<br />The individual must spend more than 10% of his time engaged in lobbying<br />State Agency means any branch of state government or any agency, authority, department, board, bureau, commission, council, corporation, entity, or instrumentality of this state or local political subdivision of this state. <br />8<br />
  14. 14. State Transportation Board<br />An individual hired specifically to promote or oppose any matter before the State Transportation Board <br /> The individual must spend more than 10% of his time engaged in lobbying<br />
  15. 15. Who Cannot Register:<br />Any person who has been convicted in Georgia of a felony involving moral turpitude or an offense that, had it occurred in this state, would constitute a felony involving moral turpitude under Georgia law - unless ten years or more have elapsed since the completion of the person's sentence. OCGA 21-5-71<br />10<br />
  16. 16. HOW TO REGISTER AS A LOBBYIST<br />All Lobbyists must complete <br />A registration form or renew online during the renewal period<br />A Personal Identification Number (PIN) Application to receive a PIN and Password. <br />Pay lobbyist registration fees and badge fee<br />Annual Lobbyist Registration $300 <br />Lobbyist Supplemental registration $10<br />(a person who represents any state, county, municipal, or public agency, department, commission, or authority shall be exempted from payment of such registration fees.)<br />Lobbyist identification card $20<br />All lobbyists are required to appear at the office of the State Ethics Commission (200 Piedmont Ave, Suite 1402 – West Tower, Atlanta, Georgia) to complete the registration process, which includes having a color photograph taken for incorporation into the lobbyist identification badge. <br /> These forms are available on our website<br />Replacement Badges and New Pictures are available for a charge of $20.00<br />11<br />
  17. 17. REPORTING<br />12<br />
  18. 18. EXPENDITURE IS . . . <br /><ul><li>Anything of value made for the purpose of influencing the actions of any public officer or public employee
  19. 19. Includes:
  20. 20. Any form of payment or anything of value designed to encourage or influence a public officer (includes any transfer, payment, subscription, advance, deposit of money or services) and specifically includes any such transaction made for the benefit of a public employee;
  21. 21. Food or beverage consumed at a single meal or event by a public officer or public employee or a member of the family of such public officer or public employee;
  22. 22. Reimbursement or payment of actual and reasonable expenses provided to a public officer for transportation, travel, lodging, registration, food, beverages, and other activities related to attending a meeting or conference so as to permit such public officer's participation in such meeting or conference. </li></ul>13<br />
  23. 23. CategoriesExamples<br /><ul><li>Gift
  24. 24. Meals
  25. 25. Entertainment
  26. 26. Lodging
  27. 27. Equipment
  28. 28. Advertising
  29. 29. Travel
  30. 30. Postage
  31. 31. Other
  32. 32. Gift card
  33. 33. Dinner
  34. 34. Tickets
  35. 35. Hotel
  36. 36. Cell phone
  37. 37. Newspaper Article
  38. 38. Gas
  39. 39. Mail out </li></ul>14<br />
  40. 40. DOES NOT INCLUDE . . .<br /><ul><li>Voluntary personal services
  41. 41. Gift from a family member
  42. 42. Legal compensation provided to public employees or public officers in the performance of their duties
  43. 43. Promotional items distributed to the general public
  44. 44. An award, plaque, certificate, memento or similar item of recognition
  45. 45. Legitimate salary, benefits, fees, commissions, or expenses associated with nonpublic business, employment, trade, or profession
  46. 46. Food, beverages, and registration at group events to which all members of an agency are invited</li></ul> Note: Agency includes Georgia House of Representatives, the Georgia State Senate, Committees & subcommittees of such bodies, and the governing body of each political subdivision of this state. <br /><ul><li>Transportation unless a lobbyist arranges for or participates in such transportation. </li></ul>15<br />
  47. 47. All original lobbyist reports are filed electronically with the Campaign Finance Commission. <br />If the report contains any expenditures relating to county or county school districts, file a copy of the report with the election superintendent of each county involved.If the report contains any expenditures relating to municipal affairs or independent school districts, file a copy of the report with the municipal clerk or chief executive officer of each municipality involved.<br />16<br />
  48. 48. The registration provisions of this Code section shall not apply to: <br />(1) Any individual who expresses personal views, on that individual's own behalf, to any public officer; <br />(2) Any person who appears before a public agency or governmental entity committee or hearing for the purpose of giving testimony when such person is not otherwise required to comply with the registration provisions of this Code section; <br />(3) Any public employee of an agency appearing before a governmental entity committee or hearing at the request of the governmental entity or any person who furnishes information upon the specific request of a governmental entity; <br />(4) Any licensed attorney appearing on behalf of a client in any adversarial proceeding before an agency of this state; <br />(5) Any person employed or appointed by a lobbyist registered pursuant to this Code section whose duties and activities do not include lobbying; <br />(6) Elected public officers performing the official duties of their public office; and <br />(7) Any public employee who performs services at the direction of a member of the General Assembly including, but not limited to, drafting petitions, bills, or resolutions; attending the taking of testimony; collating facts; preparing arguments and memorials and submitting them orally or in writing to a committee or member of the General Assembly; and other services of like character intended to reach the reason of the legislators. <br />
  49. 49. WHEN TO FILE<br />18<br />
  50. 50. State Level <br />
  51. 51. Local Level <br />
  52. 52. Vendor Level<br />
  53. 53. State Agency Level<br />
  54. 54. LATE FEES<br />
  55. 55. PENALTIES<br />Any person failing to comply with or violating any of the provisions of this article shall be subject to a civil penalty not to exceed $2,000.00 per violation.<br />24<br />
  56. 56. Denial, Suspension, or Revocation of Registration<br /><ul><li>In addition to other penalties provided, the commission may by order deny, suspend, or revoke for a period not to exceed one year the registration of a lobbyist if it finds that the lobbyist:
  57. 57. Has filed an application for registration with the commission that is incomplete in a material respect or contained a statement that was, in light of the circumstances under which it was made, false or misleading with respect to a material fact.
  58. 58. Has willfully violated or willfully failed to comply with the Act or a Campaign Finance Commission Rule.
  59. 59. Has failed to comply with the reporting requirements.
  60. 60. Has engaged in lobbying practices in violation of the Act.</li></ul>25<br />
  61. 61. MISCELLANEOUSINFORMATION<br />26<br />
  62. 62. Contingent Fees for Lobbying<br />Contingent fees for lobbying are prohibited! <br />No lobbyist shall be employed to aid or oppose legislation for compensation contingent, in whole or part, upon the passage or defeat of any legislation or state agency regulation or upon the awarding of any state contract. <br />27<br />
  63. 63. Terminating a Lobbyist<br />There are two ways to terminate a lobbyist: by selecting the group information link on the user main menu or when filing a report under termination of groups section. Remember a lobbyist is responsible for completing all reports due. Once you terminate you must start the process anew to register for a different group or year. <br />
  64. 64. Thank you!<br />