Rhode Island 2023 Regular Session

Rhode Island House Bill H5614 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5614
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7	7	LC001772
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
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14	14	A N A C T
15	15	RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE RHODE ISLAND
16	16	LOBBYING REFORM ACT
17	17	Introduced By: Representatives Place, Rea, Chippendale, Newberry, and Nardone
18	18	Date Introduced: February 15, 2023
19	19	Referred To: House State Government & Elections
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 42-139.1-3 of the General Laws in Chapter 42-139.1 entitled "The 1
24	24	Rhode Island Lobbying Reform Act" is hereby amended to read as follows: 2
25	25	42-139.1-3. Definitions. 3
26	26	(a) For the purposes of this chapter, the following definitions apply: 4
27	27	(1) “Appointed” or “engaged” means receiving compensation from another for lobbying. 5
28	28	(2) “Compensation” means any remuneration or earnings received or to be received for 6
29	29	services rendered as a lobbyist, including any fee, salary, forbearance, forgiveness, or any other 7
30	30	form of recompense, and any combination of these, but does not include reimbursement for 8
31	31	incidental expenses. 9
32	32	(3) “Lobbying” means acting directly or soliciting others to act for the purpose of 10
33	33	promoting, opposing, amending, or influencing any action or inaction by any member of the 11
34	34	executive or legislative branch of state or municipal government, local fire district, or any public 12
35	35	corporation. 13
36	36	(4) “Lobbying firm” means a business entity that receives compensation for lobbying. 14
37	37	(5) “Lobbyist” means any of the following: 15
38	38	(i) “Contract lobbyist” means any person who engages in lobbying as the appointed or 16
39	39	engaged representative of another person; or 17
40	40	(ii) “In-house lobbyist” means any employee, officer, director, or agent of a corporation, 18
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44	44	partnership, or other business entity or organization whose job responsibilities include lobbying; or 1
45	45	(iii) “Governmental lobbyist” means any employee of any federal, state, or local 2
46	46	government office or agency or any public corporation who engages in lobbying. 3
47	47	(6) “Money” and “anything of value” means any fee, salary, commission, expense 4
48	48	allowance, forbearance, forgiveness, royalty, rent, capital gain, gift, loan, reward, favor or service, 5
49	49	gratuity or special discount, or any other form of recompense that constitutes income under the 6
50	50	Federal Internal Revenue Code, but shall not include campaign contributions. 7
51	51	(7) “Person” means an individual, firm, business, corporation, association, partnership, or 8
52	52	other group. 9
53	53	(8) “Public corporation” means a body corporate and politic acting as a public corporation, 10
54	54	which has been organized pursuant to law and granted certain powers, rights, and privileges by the 11
55	55	general laws, but which has a separate and distinct legal existence from the state, and is not a 12
56	56	department of the state. 13
57	57	(9) “Secretary” means the Rhode Island secretary of state. 14
58	58	(b) The following persons shall not be deemed “lobbyists” for purposes of this chapter: 15
59	59	(1) Licensed attorneys who: 16
60	60	(i) Represent a client in a contested administrative proceeding, a licensing or permitting 17
61	61	proceeding, or a disciplinary proceeding; and 18
62	62	(ii) Engage in any communications with an executive branch official or office if those 19
63	63	communications are incidental to the attorney’s representation of their client rather than lobbying 20
64	64	activities as defined in this section. 21
65	65	(2) A qualified expert witness testifying in an administrative proceeding or legislative 22
66	66	hearing, either on behalf of an interested party or at the request of the agency or legislative body or 23
67	67	committee; 24
68	68	(3) Any member of the general assembly, general officer of the state, municipal elected or 25
69	69	appointed official, head of any executive department of state government, and/or head of any public 26
70	70	corporation, or a duly appointed designee of one of the foregoing offices acting in the official 27
71	71	capacity of said office, and any judge of this state acting in their official capacity; 28
72	72	(4) Persons participating in a governmental advisory committee or task force; 29
73	73	(5) Persons appearing on behalf of a business entity by which they are employed or 30
74	74	organization with which they are associated, if that person’s regular duties do not include lobbying 31
75	75	or government relations; 32
76	76	(6) Persons appearing solely on their own behalf; 33
77	77	(7) Employees or agents of the news media who write, publish, or broadcast news items or 34
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81	81	editorials which directly or indirectly promote or oppose any action or inaction by any member or 1
82	82	office of the executive or legislative branch of state government; 2
83	83	(8) Individuals participating in or attending a rally, protest, or other public assemblage 3
84	84	organized for the expression of political or social views, positions, or beliefs; 4
85	85	(9) Individuals participating in any proceeding pursuant to chapter 35 of this title; 5
86	86	(10) Individuals, other than employees or agents of the news media, involved in the 6
87	87	issuance and dissemination of any publication, including data, research, or analysis on public policy 7
88	88	issues that is available to the general public, including news media reports, editorials, commentary, 8
89	89	or advertisements; and 9
90	90	(11) Individuals responding to a request for information made by a state agency, 10
91	91	department, legislative body, or public corporation. 11
92	92	SECTION 2. This act shall take effect upon passage. 12
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99	99	EXPLANATION
100	100	BY THE LEGISLATIVE COUNCIL
101	101	OF
102	102	A N A C T
103	103	RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE RHODE ISLAND
104	104	LOBBYING REFORM ACT
105	105	***
106	106	This act would expand the lobbying reform act to apply to persons who lobby municipal 1
107	107	government executives and legislative bodies, as well as local fire districts. 2
108	108	This act would take effect upon passage. 3
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