Lobbying
The definition of lobbying has been expanded to include any of the following:
a. Influencing or attempting to influence legislative or executive action, or both, through direct communication or activities with a designate individual or that person’s immediate family.
b. Developing good will through communications or activities including the building of relationships, with a designated individual or that person’s immediate family with the intention of influencing current or future legislative action or executive action, or both.
Lobbying now includes, not only those activities in attempting to influence legislative action, it also includes activities attempting to influence executive action, which is defined as “[t]he preparation, research, drafting, development, consideration, modification, amendment, adoption, approval, tabling, postponement, defeat, or rejection of a policy, guideline request for proposal, procedure, regulation, or rule by a public servant purporting to act in an official capacity. There are certain exceptions which should help to protect attorneys practicing before boards and commissions from having to register as a lobbyist and engage in the required reporting. Executive action does not include:
a. [p]resent, prior, or possible proceedings of a contested case hearing under Chapter 150B of the General Statutes, of a judicial nature, or of a quasi-judicial nature.
b. [a] public servant’s communication with a person, or another person on that person’s behalf, with respect to any of the following:
1.[a]pplying for a permit, license, determination of eligibility, or certification;
2.[m]aking an inquiry about or asserting a benefit, claim, right, obligation, duty, entitlement, payment, or penalty;
3.[m]aking an inquiry about or responding to a request for proposal made clear under Chapter 143 of the General Statutes;
4.Ratemaking.
c. [i] nternal administrative functions, including those function exempted from the definition of “rule” in G.S. §150B-2(8a).
d. [m]inisterial functions;
e. [a] public servants communication with a person or another person on that person’s behalf with respect to public comments made at an open meeting, or submitted as written comment, on a proposed executive action in response to a request for public comment, provided the identity of the person on whose behalf comments are made is disclosed as part of the public participation and no reportable expenditure is made.
Thus, as long as an attorney is involved in a particular case or submits comments in response to an invitation for public comment, that attorney should not have to register as a lobbyist. However, if an attorney petitions a state agency for a wholesale policy change, these activities may be considered lobbying.
Related Products
May 17, 2012
Price: $219.00
May 17, 2012
Price: $209.00
