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Home / Washington Business - May/June 2005 / Legal Matters: The Fine Line Between Concerned Citizen and Professional Lobbyist |
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Legal Matters: The Fine Line Between Concerned Citizen and Professional Lobbyist |
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Written On: May/June 2005 |
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Written By: By Nancee Wildermuth |
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Nancee Wildermuth holds a BA in Political Science from the University of Wisconsin and a Juris Doctorate from Seattle University. She provides legislative counsel to several clients and also advises on matters related to campaign finance issues
If Joe Smith, Smith’s Widget Company, spends time in Olympia talking with legislators about issues or bills that affect his business, is he a "concerned citizen" or a "lobbyist?" Joe notices that he is doing the same kinds of things that lobbyists do—meeting with legislators, sending legislators letters and e-mails, and having lunch or dinner with legislators. But he doesn’t consider himself a lobbyist. He’s not being paid to lobby, and he represents only his own interests, not that of others.
Is Joe correct? Does it matter?
Joe is probably a lobbyist, and it does matter. A lobbyist is defined in state law as: "any person who lobbies either in his or her own or another’s behalf." Lobbying is defined in state law as: "attempting to influence the passage or defeat of any legislation...or the adoption or rejection of any rule, standard, rate, or other legislative enactment of any state agency..." Lobbyists might be employees of the company on behalf of whom they lobby or they may provide lobbying services through contracts with several employers.
It does matter if Joe is considered a lobbyist because, unless exempted, lobbyists have certain obligations under state law. Lobbyists must register with the Public Disclosure Commission and file forms each month to report the amount of money they are paid to lobby, the amount of money they spend to entertain elected officials and their staff, and the amount of money they contribute to political campaigns. If Joe does not intend to be considered a "lobbyist" who is subject to those requirements, he should keep the following in mind:
1. There are several kinds of lobbyist:
• A volunteer lobbyist—a person who lobbies without compensation or other consideration—is not required to file reports with the PDC so long as that lobbyist does not spend any money on elected officials or their staff.
• An unsalaried lobbyist is a person who lobbies without compensation except for reimbursement of expenses. An unsalaried lobbyist must register with the PDC but may not have to file monthly L-2 reports.
• A casual lobbyist is a person who limits time spent lobbying to no more than four days (or parts of four days) in three consecutive months AND who spends no more than $25 in the aggregate on one or more public officials or employees during those three months. Casual lobbyists are not required to register with the PDC.
2. Anyone who lobbies and does not fit one of the exemptions above must file an L-1 form with the PDC when he/she begin lobbying. Then, each month, that person must file an L-2 form showing the amount of money he/she was paid to lobby and any expenditures made during the previous month. Note that a person who receives compensation for the time he/she spends lobbying—even though he/she doesn’t receive a special salary for lobbying—is in fact being paid to lobby and is considered a paid lobbyist.
So, where is the line between concerned citizen and lobbyist? If Joe, on behalf of Smith’s Widget Company, asks legislators to vote for or against a bill, Joe is a lobbyist. Even though Joe’s company is paying him only his regular salary while Joe is in Olympia, he is a paid lobbyist, so he doesn’t qualify for an exemption from PDC disclosure requirements as an unsalaried or volunteer lobbyist. But so long as Joe does not spend more than $25 in the aggregate on one or more public officials or employees and so long as Joe doesn’t lobby for more than four days in three consecutive months, Joe is exempt from PDC filing requirements that otherwise apply to lobbyists.
It is incredibly important for business owners and their employees to communicate with their elected representatives. If you have any questions about whether those kinds of activities have taken you into an area where you might be subject to disclosure requirements, contact the Public Disclosure Commission at (360) 753-1111 for guidance.
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