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LOBBYIST 1

2011 lobbyist guide

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Page 1: 2011 lobbyist guide

LOBBYIST

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Page 2: 2011 lobbyist guide

• No lobbying on the Capitol floor during session.

•  A lobbyist shall not be eligible for executive appointment to any board, authority, commission, or bureau created and established by the laws of this state 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.

•  Taking a friend to lunch/dinner is a kind gesture, and is a reportable expense by a registered lobbyist.

•  You do not have to register and report if . . . • Attending an education only meeting• Expressing personal view• Do not spend $250 when lobbying on behalf of self

• Vendor gift disclosure does not fall under lobby law

•  Personal expenses do not fall under expenditure reporting

• You have to defend what you do/do not report

Basic Reminders

Page 3: 2011 lobbyist guide

Four Levels of LobbyingStateLocalVendorState Agency

Lobbyist is defined in the Ethics in Government Act

under O.C.G.A. 21-5-70 (5)

Page 4: 2011 lobbyist guide

State LevelEngages 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

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Local Level

Engages in any activity to promote or oppose the passage of any ordinance or resolution at a city/county level

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Vendor hired specifically to influence the selection of a vendor to supply any goods or services to any state agency.

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State Agency hired specifically to

promote or oppose the passage of any rule or regulation of any state agencyState Agency means any branch of state government or any agency, authority, department, board, bureau, commission, council, corporation, entity, or instrumentality of this state or if a local political subdivision of this state.

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Page 8: 2011 lobbyist guide

REGISTRATIONThe commission shall not allow a person who has been convicted of a felony involving moral turpitude in the courts of this state or an offense that, had it occurred in this state, would constitute a felony involving moral turpitude under the laws of this state to become a registered lobbyist unless ten years or more have

elapsed since the completion of the person's sentence. OCGA 21-5-71

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HOW TO REGISTER AS A LOBBYIST

All Lobbyists must complete A registration form or renew online during the renewal periodA Personal Identification Number (PIN) Application to receive a PIN and Password. Pay lobbyist registration fees and badge fee

Annual Lobbyist Registration $300 Lobbyist Supplemental registration $10

(a person who represents any state, county, municipal, or public agency, department, commission, or authority shall be exempted from payment of such registration fees.)

Lobbyist identification card $20

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.

These forms are available on our website www.ethics.ga.gov

Replacement Badges and New Pictures are available for a charge of $20.00 9

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REPORTING

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Page 11: 2011 lobbyist guide

EXPENDITURE IS . . . Anything of value made for the purpose of

influencing the actions of any public officer or public employee

Includes: Any form of payment designed to encourage or influence a public officer Any transfer, payment, subscription, advance, deposit of money or services 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

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.

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Categories Examples

Gift Meals Entertainment Lodging Equipment Advertising Travel Postage Other

Gift card Dinner Tickets Hotel Cell phone Newspaper Article Gas Mail out

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DOES NOT INCLUDE . . . Voluntary personal services Gift from a family member Legal compensation provided to public employees or

public officers in the performance of their duties Promotional items distributed to the general public An award, plaque, certificate, memento or similar item of

recognition Legitimate salary, benefits, fees, commissions, or

expenses associated with nonpublic business, employment, trade, or profession

Food, beverages, and registration at group events to which all members of an agency are invitedNote: 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.

Transportation unless a lobbyist arranges for or participates in such transportation. 13

Page 14: 2011 lobbyist guide

All original lobbyist reports are filed electronically with the State Ethics Commission.

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. 14

Page 15: 2011 lobbyist guide

The registration provisions of this Code section shall not apply to:

(1) Any individual who expresses personal views, on that individual's own behalf, to any public officer; (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; (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; (4) Any licensed attorney appearing on behalf of a client in any adversarial proceeding before an agency of this state; (5) Any person employed or appointed by a lobbyist registered pursuant to this Code section whose duties and activities do not include lobbying; (6) Elected public officers performing the official duties of their public office; and (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.

Page 16: 2011 lobbyist guide

WHEN TO FILE

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Page 17: 2011 lobbyist guide

YearReportType

Report PeriodReport

Due On:First Late FeeApplies From:

Second Late Fee Applies From:

Third Late Fee Applies On:

2011 STATE JANUARY 1 - 14 (In Session)

1/15/2011 1/16/2011 - 1/21/2011 1/22/2011 - 2/4/2011 2/5/2011

2011 STATE JANUARY 15 - 31 (In Session)

2/1/2011 2/2/2011 - 2/7/2011 2/8/2011 - 2/21/2011 2/22/2011

2011 STATE FEBRUARY 1 - 14 (In Session)

2/15/2011 2/16/2011 - 2/21/2011 2/22/2011 - 3/7/2011 3/8/2011

2011 STATE FEBRUARY 15 - 28 (In Session)

3/1/2011 3/2/2011 - 3/7/2011 3/8/2011 - 3/21/2011 3/22/2011

2011 STATE MARCH 1 - MARCH 14 (In Session)

3/15/2011 3/16/2011 - 3/21/2011 3/22/2011 - 4/4/2011 4/5/2011

2011 STATE MARCH 15 - MARCH 31 (In Session)

4/1/2011 4/2/2011 - 4/7/2011 4/8/2011 - 4/21/2011 4/22/2011

2011 STATE APRIL 1 - APRIL 14 (In Session)

4/15/2011 4/16/2011 - 4/21/2011 4/22/2011 - 5/5/2011 5/6/2011

2011 STATE APRIL 15 - APRIL 30 (In Session)

5/1/2011 5/2/2011 - 5/7/2011 5/8/2011 - 5/21/2011 5/22/2011

2011 STATE JUNE 1 - JUNE 30 7/5/2011 7/6/2011 - 7/19/2011 7/20/2011 - 8/18/2011 8/19/2011

2011 STATE JULY 1 - JULY 31 8/5/2011 8/6/2011 - 8/19/2011 8/20/2011 - 9/18/2011 9/19/2011

2011 STATE AUGUST 1 - AUGUST 31

9/5/2011 9/6/2011 - 9/19/2011 9/20/2011 - 10/19/2011 10/20/2011

2011 STATE SEPTEMBER 1 - SEPTEMBER 30

10/5/2011 10/6/2011 - 10/19/2011 10/20/2011 - 11/18/2011 11/19/2011

2011 STATE OCTOBER 1 - OCTOBER 31

11/5/2011 11/6/2011 - 11/19/2011 11/20/2011 - 12/19/2011 12/20/2011

2011 STATE NOVEMBER 1 - NOVEMBER 30

12/5/2011 12/6/2011 - 12/19/2011 12/20/2011 - 1/18/2012 1/19/2012

2011 STATE DECEMBER 1 - DECEMBER 31

1/5/2012 1/6/2012 - 1/19/2012 1/20/2012 - 2/18/2012 2/19/2012

State Level

Page 18: 2011 lobbyist guide

Local Level

YearReportType

Report PeriodReport

Due On:First Late FeeApplies From:

Second Late Fee Applies From:

Third Late Fee Applies On:

2011 LOCAL JANUARY 1 - APRIL 30 (In Session)

5/5/2011 5/6/2011 - 5/11/2011 5/12/2011 - 5/25/2011 5/26/2011

2011 LOCAL MAY 1 - AUGUST 31 9/5/2011 9/6/2011 - 9/19/20119/20/2011 - 10/19/2011

10/20/2011

2011 LOCAL SEPTEMBER 1 - DECEMBER 31

1/5/2012 1/6/2012 - 1/19/2012 1/20/2012 - 2/18/2012 2/19/2012

Page 19: 2011 lobbyist guide

Vendor Level

YearReportType

Report PeriodReport

Due On:First Late FeeApplies From:

Second Late Fee Applies From:

Third Late Fee Applies On:

2011 VENDOR JANUARY 1 - JANUARY 31 (In Session)

2/5/2011 2/6/2011 - 2/11/2011 2/12/2011 - 2/25/2011 2/26/2011

2011 VENDOR FEBRUARY 1 - FEBRUARY 28 (In Session)

3/5/2011 3/6/2011 - 3/11/2011 3/12/2011 - 3/25/2011 3/26/2011

2011 VENDOR MARCH 1 - MARCH 31 (In Session)

4/5/2011 4/6/2011 - 4/11/2011 4/12/2011 - 4/25/2011 4/26/2011

2011 VENDOR APRIL 1 - APRIL 30 (In Session)

5/5/2011 5/6/2011 - 5/11/2011 5/12/2011 - 5/25/2011 5/26/2011

2011 VENDOR MAY 1 - MAY 30 6/5/2011 6/6/2011 - 6/19/2011 6/20/2011 - 7/19/2011 7/20/2011

2011 VENDOR JUNE 1 - JUNE 30 7/5/2011 7/6/2011 - 7/19/2011 7/20/2011 - 8/18/2011 8/19/2011

2011 VENDOR JULY 1 - JULY 31 8/5/2011 8/6/2011 - 8/19/2011 8/20/2011 - 9/18/2011 9/19/2011

2011 VENDOR AUGUST 1 - AUGUST 31

9/5/2011 9/6/2011 - 9/19/2011 9/20/2011 - 10/19/2011 10/20/2011

2011 VENDOR SEPTEMBER 1 - SEPTEMBER 30

10/5/2011 10/6/2011 - 10/19/201110/20/2011 - 11/18/2011

11/19/2011

2011 VENDOR OCTOBER 1 - OCTOBER 31

11/5/2011 11/6/2011 - 11/19/201111/20/2011 - 12/19/2011

12/20/2011

2011 VENDOR NOVEMBER 1 - NOVEMBER 30

12/5/2011 12/6/2011 - 12/19/2011 12/20/2011 - 1/18/2012 1/19/2012

2011 VENDOR DECEMBER 1 - DECEMBER 31

1/5/2012 1/6/2012 - 1/19/2012 1/20/2012 - 2/18/2012 2/19/2012

Page 20: 2011 lobbyist guide

State Agency LevelYear

ReportType

Report PeriodReport

Due On:First Late FeeApplies From:

Second Late Fee Applies From:

Third Late Fee Applies On:

2011 SA JANUARY 1 - JANUARY 31 (In Session)

2/5/2011 2/6/2011 - 2/11/2011 2/12/2011 - 2/25/2011 2/26/2011

2011 SA FEBRUARY 1 - FEBRUARY 28 (In Session)

3/5/2011 3/6/2011 - 3/11/2011 3/12/2011 - 3/25/2011 3/26/2011

2011 SA MARCH 1 - MARCH 31 (In Session)

4/5/2011 4/6/2011 - 4/11/2011 4/12/2011 - 4/25/2011 4/26/2011

2011 SA APRIL 1 - APRIL 30 (In Session)

5/5/2011 5/6/2011 - 5/11/2011 5/12/2011 - 5/25/2011 5/26/2011

2011 SA MAY 1 - MAY 30 6/5/2011 6/6/2011 - 6/19/2011 6/20/2011 - 7/19/2011 7/20/2011

2011 SA JUNE 1 - JUNE 30 7/5/2011 7/6/2011 - 7/19/2011 7/20/2011 - 8/18/2011 8/19/2011

2011 SA JULY 1 - JULY 31 8/5/2011 8/6/2011 - 8/19/2011 8/20/2011 - 9/18/2011 9/19/2011

2011 SA AUGUST 1 - AUGUST 31

9/5/2011 9/6/2011 - 9/19/2011 9/20/2011 - 10/19/2011 10/20/2011

2011 SA SEPTEMBER 1 - SEPTEMBER 30

10/5/2011 10/6/2011 - 10/19/201110/20/2011 - 11/18/2011

11/19/2011

2011 SA OCTOBER 1 - OCTOBER 31

11/5/2011 11/6/2011 - 11/19/201111/20/2011 - 12/19/2011

12/20/2011

2011 SA NOVEMBER 1 - NOVEMBER 30

12/5/2011 12/6/2011 - 12/19/2011 12/20/2011 - 1/18/2012 1/19/2012

2011 SA DECEMBER 1 - DECEMBER 31

1/5/2012 1/6/2012 - 1/19/2012 1/20/2012 - 2/18/2012 2/19/2012

Page 21: 2011 lobbyist guide

In Session Late Fee Total Owed to Commission

Report filed late $275.00 $275.00 per report

Report not file on the 7th day after the report due date

$1000.00 $1275.00 per report

Report still not filed on the 21st day after the report due date

$10,000.00 $11,275.00 per report

NOT In Session Late Fee Total Owed to Commission

Report filed late $275.00 $275.00 per report

Report not file on the 15th day after the report due date

$1000.00 $1275.00 per report

Report still not filed on the 45st day after the report due date

$10,000.00 $11,275.00 per report

LATE FEES

Page 22: 2011 lobbyist guide

PENALTIESAny person failing to comply with or

violating any of the provisions of this article shall be subject to a civil penalty not to exceed $2000.00 per violation.

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Denial, Suspension, or Revocation of Registration 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:

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.

Has willfully violated or willfully failed to comply with the EiGA or a State Ethics Commission Rule.

Has failed to comply with the reporting requirements. Has engaged in lobbying practices in violation of the EiGA.

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MISCELLANEOUS INFORMATION

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Contingent Fees for Lobbying

Contingent fees for lobbying are prohibited

No attorney at law or agent shall be employed to aid or oppose legislation for compensation contingent, in whole or part, upon the passage or defeat of any legislation or upon receipt or award of any state contract.

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Page 26: 2011 lobbyist guide

Terminating a LobbyistThere 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.