Rhode Island 2023 Regular Session

Rhode Island House Bill H5614 Latest Draft

Bill / Introduced Version Filed 02/15/2023

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