(A) Except as provided in paragraphs (B) and (C) of this section, a person or entity who engages in lobbying as defined in § 1-7.1-3 shall file a lobbying registration with the Commission if the person or entity, during the calendar year:
(1) Expends, exclusive of personal travel and subsistence expenses, in excess of $2,500 in furtherance of this activity;
(2) Is compensated in excess of $2,500 in connection with this activity; or
(3) Spends $100 or more cumulatively on gifts to or for officials or employees or their spouses or dependent children.
(B) The following activities are exempt from regulation under this section:
(1) Professional services in drafting bills or in advising and rendering opinions to clients as to the construction and effect of proposed or pending legislation when these services do not otherwise constitute lobbying activities;
(2) Appearances before the County Council upon its specific invitation or request if the person or entity engages in no further or other
activities in connection with the passage or defeat of County Council actions;
(3) Appearances before a County agency upon the specific invitation or request of the agency if the person or entity engages in no further or other activities in connection with the passage or defeat of any agency action;
(4) Appearance as part of the official duties of a duly elected or appointed official or employee of the State or a political subdivision of the State, or of the United States, and not on behalf of any other entity;
(5) Actions of a publisher or working member of the press, radio, or television in the ordinary course of the business of disseminating news or making editorial comment to the general public who does not engage in further or other lobbying that would directly and specifically benefit the economic, business, or professional interests of the person or entity or the employer of the person or entity;
(6) Appearances by an individual before the County Council at the specific invitation or request of a registered lobbyist if the person performs no other lobbying act and notifies the County Council that the person or entity is testifying at the request of the lobbyist;
(7) Appearances by an individual before a County agency at the specific invitation or request of a registered lobbyist if the person or entity performs no other lobbying act and notifies the agency that the person or entity is testifying at the request of the lobbyist;
(8) The representation of a bona fide religious organization solely for the purpose of protecting the right of its own members to practice the doctrine of the organization; and
(9) Appearance as part of the official duties of an officer, director, member, or employee of an association engaged exclusively in lobbying for counties and municipalities and not on behalf of any other entity.
(C) Limited exemption - employer of a lobbyist.
(1) A person or entity who compensates one or more lobbyists and who would otherwise be required to register as a lobbyist is not required to file a registration and submit lobbying reports if the person or entity reasonably believes that all expenses incurred in connection with the lobbying activities will be reported by a properly registered person or entity acting on behalf of the person or entity.
(2) A person or entity exempted under this paragraph becomes subject to this section immediately upon failure of the lobbyist to report any information required under this section.
(D) (1) The registration filed under this section shall be filed on or before the later of the beginning of the calendar year in which the person or entity expects to lobby or within 5 days of first engaging in lobbying activities in the calendar year.
(2) The registration filed under this section:
(a) Shall be dated and on a form developed by the Commission;
(b) Shall include:
(i) The lobbyist's full and legal name and permanent address;
(ii) The name, address, and nature of business of any person or entity on whose behalf the lobbyist acts; and
(iii) The written authorization of any person or entity on whose behalf the lobbyist acts or an authorized officer or agent, who is not the lobbyist, of the person or entity on whose behalf the lobbyist acts;
(c) A statement of whether the person or entity on whose behalf the lobbyist acts is exempt from registration under paragraph (C) of this section;
(d) The identification, by formal designation, if known, of matters on which the lobbyist expects to act;
(e) Identification of the period of time within a single calendar year during which the lobbyist is authorized to engage in these activities, unless terminated sooner; and
(f) The full legal signature of the lobbyist and, when appropriate, the person or entity on whose behalf the lobbyist acts or an agent or authorized officer of the person or entity on whose behalf the lobbyist acts.
(E) A lobbyist shall file a separate registration for each person or entity that has engaged or employed the lobbyist for lobbying purposes.
(F) A lobbyist may terminate the lobbyist's registration by providing written notice to the Commission and submitting all outstanding reports and registrations.
(G) A person or entity may not engage in lobbying activities on behalf of another person or entity for compensation that is contingent upon the passage or defeat of any County Council action or the outcome of any County Executive action.
(H) Activity report.
(1) A lobbyist shall file with the Commission or the office designated by the Commission:
(a) By July 31, one report concerning the lobbyist's lobbying activities covering the period beginning January 1 through June 30; and
(b) By January 31, one report covering the period beginning July 1 through December 31.
(2) A lobbyist shall file a separate activity report for each person or entity on whose behalf the lobbyist acts.
(3) If the lobbyist is not an individual, an authorized officer or agent of the entity shall sign the form.
(4) The report shall include:
(a) A complete and current statement of the information required to be supplied with the lobbyist's registration form.
(b) Total expenditures on lobbying activities in each of the following categories:
(i) Total compensation paid to the lobbyist not including expenses reported under items (ii) - (ix) of this subparagraph;
(ii) Office expenses of the lobbyist;
(iii) Professional and technical research and assistance not reported in item (i) of this subparagraph;
(iv) Publications which expressly encourage persons to communicate with County officials or employees;
(v) Names of witnesses, and the fees and expenses paid to each witness;
(vi) Meals and beverages for County officials and employees;
(vii) Reasonable expenses for food, lodging, and scheduled entertainment of County officials or employees for a meeting which is given in return for participation in a panel or speaking engagement at the meeting;
(viii) Other gifts to or for officials or employees or their spouses or dependent children; and
(ix) Other expenses.
(I) Special gift report.
(1) (a) With the 6-month activity report required under paragraph (H) of this section, a lobbyist shall report, except for gifts reported in subparagraph (H)(4)(b)(vii) of this section, gifts from the lobbyist with a cumulative value of $75 or more during the reporting period to an official, employee, or member of the immediate family of an official or employee.
(b) The lobbyist shall report gifts under this paragraph regardless of whether the gift was given in connection with lobbying activities.
(2) The report shall include the date, beneficiary, amount or value, and nature of the gift.
(J) Notification to official or employee and confidentiality.
(1) If any report filed under this section contains the name of an official or employee or a member of the immediate family of an official or employee, the Commission shall notify the official or employee within 30 days.
(2) The Commission shall keep the report confidential for 60 days following receipt by the Commission.
(3) Within 30 days of the notice required under subparagraph (1) of this paragraph, the official or employee may file a written exception to the inclusion in the report of the name of the official, employee, or member of the immediate family of the official or employee.
(K) The Commission may require a lobbyist to submit other reports the Commission determines to be necessary.
(L) The Commission or office designated by the Commission shall maintain all registrations and reports filed under this section.
(M) (1) The Commission shall review the registrations and reports filed under this section for compliance with this section and shall notify persons engaging in lobbying activities of any omissions or deficiencies.
(2) The Commission may take appropriate enforcement action to ensure compliance with this section.
(N) Annual report.
(1) The Commission shall compute and make available a subtotal under each of the ten required categories in subparagraph (H)(4)(b) of this section.
(2) The Commission shall compute and make available the total amount reported by all lobbyists for their lobbying activities during the reporting period.
(O) The Commission shall make lobbying registrations and reports available during normal business hours for examination and copying subject to reasonable fees and procedures established by the Commission.
(Ord. 11-26-592, 11-17-2011; Ord. 14-23-678, 11-13-2014; Bill No. 16-01, 3-1-2016; Bill No. 18-14, 6-5-2018)