A quick pre-session primer. What is Lobbying? A quick pre-session primer.

DEFINITION OF LOBBYING Lobbying is defined as: Influencing, or attempting to influence, legislative action through oral or written communication with legislative officials, solicitation of others to influence or attempt to influence legislative action or attempting to obtain the good will of legislative officials. Source: ORS 171.725(8) and AG Opinion No. 8259, August 7, 1998

What is Lobbying ? Question Answer Creating and preparing testimony to be presented at a legislative hearing that takes a position on a legislative measure? Creating and preparing testimony that takes a position on a legislative measure is not “lobbying.”

What is Lobbying ? Question Answer Waiting to testify at a legislative hearing in support of or opposition to a legislative measure? This is not lobbying so long as the state employee does not engage in any activities that would be lobbying during the waiting period.

What is Lobbying ? Question Answer Testifying at a legislative hearing in support or opposition to a legislative measure? Testifying at a legislative hearing in support of or opposition to a legislative measure is lobbying.

Question Answer This type of a discussion is lobbying. What is Lobbying ? Question Answer Discussing a legislative measure with a legislator in the legislator’s office, when the discussion includes not only information, but reasons why the agency employee, representing the position of the governor, thinks the idea is good or bad? This type of a discussion is lobbying.

What is Lobbying ? Question Answer Developing legislative measures, including holding or attending stakeholder meetings for approval or compromise during the interim, which may or may not result in pre-session or session filing of a legislative measure? For state employees, these activities are not lobbying if those activities are internal to the agency and do not involve communication with others, except for obtaining agency input. . . . Continued

What is Lobbying ? Question Answer . . . Continued However, if agency employees hold or attend stakeholder meetings for approval or compromise during the interim, they are lobbying if they: Developing legislative measures, including holding or attending stakeholder meetings for approval or compromise during the interim, which may or may not result in pre-session or session filing of a legislative measure? communicate w/legislative officials to attempt to influence sponsorship, voting or other legislative action on the measure, solicit stakeholders to do so.

What is Lobbying ? Question Answer Pre-session work on agency budgets to be presented to the legislature as appropriation bills? This is not lobbying so long as there is no communication w/legislative officials to influence or attempt to influence legislative action on the budget or solicitation of others to attempt to influence legislative action on the budget.

What is Lobbying ? Question Answer Session testimony stating support of the agency budget? Presentation of the budget to the legislature and testimony in support of that budget by state employees is lobbying.

Reporting Requirements What is Lobbying ? Reporting Requirements Individual lobbying activity must be reported to the GSPC if: They lobby over 24 hours or spend $100 or more (out of pocket) in any quarter. GSPC reports are due twice during the interim years and three times during session years.

Reporting Requirements What is Lobbying ? Reporting Requirements Departmental lobbying must be reported if: Any employees are registered lobbyists. If you are reporting, you must report expenses for registered and non-registered lobbyists. Reports must include overhead costs, supplies costs and any other costs “expended for lobbying activities.”

What is Lobbying ? Examples Employee A and Employee B spend 25 total hours in a quarter working on a draft legislation to be pre-session filed. They spend 5 hours working with Legislative Counsel and 10 hours with stakeholders. Employee B authorizes $167 in copies for a stakeholder meeting.

Are either of the employees required to register as lobbyists? What is Lobbying ? Examples Are either of the employees required to register as lobbyists? NO

What is Lobbying ? Examples 2. An employee distributes to all legislators a binder to legislators describing the agency mission, program and objectives, as well as helpful tips about the Department?

Is that employee lobbying? What is Lobbying ? Examples Is that employee lobbying? NO

What is Lobbying ? Examples What if the binder includes bullet points supporting the Agency’s legislation and budget, is it lobbying? YES

What is Lobbying ? Examples 3. Employee A drafts testimony opposed to specific legislation for employee B. Employee B submits the testimony to a legislative committee.

YES. But only employee B is lobbying. What is Lobbying ? Examples Is either employee lobbying? YES. But only employee B is lobbying.

OTHER ADMINISTRIVIA What if you have questions? GSPC can issue an opinion to any registered lobbyist DOJ can provide legal advice.