§ 261. Definitions
As used in this chapter:
(1) “Administrative action” means any action taken by an administrative official or by
any agency, department, division, office, board, or commission of State government
with regard to any proposal, drafting, development, or consideration of a policy,
practice, or rule. Actions as defined by this section do not include decisions of
quasi-judicial boards in contested cases.
(2) “Administrative official” means a State officer, or an officer, employee, or consultant
of any agency, department, division, office, board, or commission of State government
who as part of his or her official duties participates in any administrative action,
other than in a solely clerical, secretarial, or ministerial capacity.
(3) “Compensation” means any salary, reward, retainer, or reimbursement received or to
be received by one acting as a lobbyist, whether in the form of a fee, salary, forbearance,
forgiveness, or any other form of recompense, reward, retainer, reimbursement, or
combination thereof.
(4) “Employer” means any person, other than a lobbying firm, who engages the services
of a lobbyist for compensation for the purpose of lobbying. A lobbyist who employs
another lobbyist shall be required to register and report both as an employer and
a lobbyist.
(5) “Expenditure” means a payment, distribution, loan, advance, deposit, or gift of money
or anything else of value and includes a contract, promise, or agreement, whether
or not legally enforceable, to make an expenditure. “Expenditure” includes sums expended
in connection with lobbying, including research, consulting, and other lobbying preparation
and travel, meals, and lodging.
(6)(A) “Gift” means:
(i) a political contribution;
(ii) anything of value, tangible or intangible, that is bestowed for less than adequate
consideration, including travel expenses such as travel fare, room and board, and
other expenses associated with travel;
(iii) a meal or alcoholic beverage;
(iv) a ticket, fee, or expenses for or to any sporting, recreational, or entertainment
events;
(v) a speaking fee or honorarium, except actual and reasonable travel expenses;
(vi) a loan made on terms more favorable than those made generally available to the public
in the normal course of business.
(B) “Gift” does not mean:
(i) anything given between immediate family members;
(ii) printed educational material such as books, reports, pamphlets, or periodicals;
(iii) a gift which is not used and which, within 30 days after receipt, is returned to the
donor or for which the donor is reimbursed for its fair market value; and
(iv) a devise or inheritance.
(7) “Legislator” means any member or member-elect of the General Assembly.
(8) “Legislative action” means any action by a legislator with regard to introduction
of a bill, resolution, or amendment or with regard to any bill, resolution, amendment,
report, appointment, recommendation, nomination, election, proposed or final proposed
rule, or other matter proposed for consideration by or pending in the General Assembly
or in any committee of the General Assembly.
(9) “Lobby” or “lobbying” means:
(A) to communicate orally or in writing with any legislator or administrative official
for the purpose of influencing legislative or administrative action;
(B) solicitation of others to influence legislative or administrative action;
(C) an attempt to obtain the goodwill of a legislator or administrative official by communications
or activities with that legislator or administrative official intended ultimately
to influence legislative or administrative action; or
(D) activities sponsored by an employer or lobbyist on behalf of or for the benefit of
the members of an interest group, if a principal purpose of the activity is to enable
such members to communicate orally with one or more legislators or administrative
officials for the purpose of influencing legislative or administrative action or to
obtain their goodwill.
(10) “Lobbyist” means a person who receives or is entitled to receive, either by employment
or contract, $500.00 or more in monetary or in-kind compensation in any calendar year
for engaging in lobbying, either personally or through his or her agents, or a person
who expends more than $500.00 on lobbying in any calendar year.
(11) “State officer” means the Governor, Lieutenant Governor, Attorney General, Secretary
of State, State Treasurer, and Auditor of Accounts.
(12) “Lobbying firm” means a sole proprietorship, partnership, corporation, limited liability
corporation, or unincorporated association which receives or is entitled to receive
$500.00 or more in monetary or in-kind compensation for engaging in lobbying, either
personally or through its agents, in any calendar year and employs more than one individual
lobbyist, contracts with at least one other lobbyist, or is affiliated with at least
one other lobbyist.
(13) “Immediate family” means a person’s spouse or civil union partner, parent, sibling,
child, or in-law, including a parent, sibling, or child of a spouse or civil union
partner. (Added 1989, No. 160 (Adj. Sess.), § 2, eff. April 30, 1990; amended 1993, No. 101, § 1; 2005, No. 99 (Adj. Sess.), § 1, eff. Jan. 1, 2007; 2007, No. 5, § 1, eff. April 12, 2007.)