March 2, 2007 |
2007-R-0254 | |
EXEMPTIONS FOR ATTORNEYS UNDER STATE REGULATED LOBBYING STATUTES | ||
By: Sandra Norman-Eady, Chief Attorney Kristin Sullivan, Associate Analyst | ||
You asked how states that regulate municipal lobbying handle attorneys who appear before local boards and commissions.
Our search of lobbying laws in the 50 states revealed six states that regulate municipal lobbying. These states are Alabama, Arkansas, Georgia, Mississippi, Missouri, and New York. All except Missouri exempt attorneys engaged in the practice of law from their definition of lobbying. Table 1 shows the six states and their exemption for attorneys.
Maryland does not regulate municipal lobbying; instead it specifically requires municipalities to adopt lobbying codes. State law makes certain provisions mandatory in each code. For example, it specifies prohibited practices and defines “lobbyists” (Md. Code Ann. § 15-803 et seq. ).
In general, state lobbying statutes require lobbyists who make or spend a certain amount of money to (1) register as lobbyists, (2) refrain from certain practices, (3) comply with reporting requirements regarding their expenditures and clients, and (4) comply with restrictions on campaign finance contributions. For a 50-state handbook on lobbying, we suggest Lobbying, PACs, and Campaign Finance by State Capital Global Law Firm Group, a nonprofit corporation of 50 independent U. S. law firms located in or near their respective state capitals.
TABLE 1: EXEMPTIONS FOR ATTORNEYS UNDER STATE LOBBYIST CODES
States |
Treatment of Lawyers Under the Code |
Alabama § 36-25-1 (18) |
The definition of “lobbyist” exempts an attorney rendering professional services in drafting bills or in advising clients and in rendering opinions regarding the construction and effect of proposed or pending litigation, executive action, rules, or regulations. It specifies that those services must not otherwise be connected with legislative, executive, or regulatory action. |
Arkansas § 21-8 et seq. §§ 500 - 501 and 504 |
The law exempts several activities from the definition of lobbying. A lobbyist is not required to register if he or she engages in no lobbying other than, among other things, appearing in a (1) judicial proceeding, (2) proceeding or hearing that is a matter of public record, or (3) hearing or appeal conducted pursuant to the Arkansas Administrative Procedure Act. |
Georgia § 21-5 et seq. |
The law exempts several activities from the definition of lobbying, including an attorney representing a client in an adversarial proceeding. |
Mississippi § 25-4-1 et seq. |
The law exempts several individuals from the definition of “lobbyist ,” including one who: § limits lobbying solely to formal testimony before a public meeting of a legislative body or an executive agency, or one's committee, division or department; and registers the appearance in the public body's records; § is a licensed attorney representing a client by (1) drafting bills, preparing arguments, and advising the client or rendering opinions as to the construction and effect of proposed or pending legislation, where such services are usual and customary professional legal services and are not otherwise connected with legislative action; or (2) providing information on behalf of the client to an executive or public official, a public employee, or an agency, board, commission, governing authority, or other body of state or local government where those services are usual and customary professional legal services including or related to a particular non-legislative matter, case or controversy; or § is a non-attorney professional and who receives professional fees and expenses to represent clients on executive agency matters. |
Missouri § 105. 470 |
An “elected local government official lobbyist” is any natural person employed specifically for the purpose of attempting to influence any action by a local government official elected in a county, city, town, or village with an annual operating budget of over $ 10,000,000. |
New York Leg. Law § 1-c (c) Admin. Pro. § 102 |
The term “lobbying” does not include people: 1. engaged in advising clients and rendering opinions on proposed legislation, rules, regulations, or rates that are not otherwise connected with legislative or executive action on such legislation, or administrative action on such rules, regulations or rates; 2. who participate as attorneys in public rulemaking or rate making proceedings of a municipal agency, with respect to all participation by such persons which is part of the public record thereof and all preparation by such persons for such participation; or 3. who attempt to influence a state or municipal agency in an adjudicatory proceeding. “Adjudicatory proceeding” means any activity, other than a rulemaking proceeding or an employee disciplinary action before an agency, in which a determination of the legal rights, duties or privileges of named parties thereto is required by law to be made only on a record and after an opportunity for a hearing. |
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