LOBBYISTTRAINING

Georgia Government Transparency and Campaign Finance Commission

PRESENTS

No lobbying on the Capitol floor during session.  A lobbyist is not eligible for executive appointment to

any state board, authority, commission, or bureau 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 who is public officer, public employee or family member of the public officer or employee to lunch/dinner is a kind gesture, and is a reportable expense by a registered lobbyist.

Vendor gift disclosure does not fall under lobby law You have to defend what you do/do not report

Basic Reminders:

Lobbyist Registration:When do I need to Register? If you are an employee of another, when you spend more than

10% of your working time conducting lobbying activities. If you are a consultant or independent contractor, when you

spend more than 10% of your time working for an individual client conducting lobbying activities. Time spent on lobbying activities is applied separately for each client.

In applying the 10 percent test, time spent in planning, researching, or preparing for lobbying activities.

If you make expenditures of greater than $1000 in a calendar year when lobbying for yourself . Personal expenses made to promote or oppose the passage of legislation such as travel, food and lodging and informational materials are not considered expenditures for purposes of fulfilling the $1000 expenditure threshold.

Four Levels of Lobbying

StateLocalVendorState Agency

Lobbyist is defined in the Ethics in Government Act

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

State LevelAn individual who engages 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

Remember: the individual must spend more than 10% of his time engaged in lobbying or make expenditures greater than $1,000.

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Local LevelAn individual who engages in any activity to promote or oppose the passage of any ordinance or resolution at the city/county level

Remember: the individual must spend more than 10% of his time engaged in lobbying or make expenditures greater than $1,000.

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Vendor An individual hired specifically to influence the selection of a vendor to supply any goods or services to any state agency The individual must spend more than 10% of his

time engaged in lobbying A vendor lobbyist is not a bona fide salesperson

who sells to or contracts with a state agency for goods and services and who is not also a state, agency, local level or State Transportation Board lobbyist

Vendor lobbyist does not include an employee of a vendor who performs administrative duties in preparing a bid or proposal

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An individual hired specifically to promote or oppose the passage of any rule or regulation of any state agency

The individual must spend more than 10% of his time engaged in lobbying

State Agency means any branch of state government or any agency, authority, department, board, bureau, commission, council, corporation, entity, or instrumentality of this state or local political subdivision of this state.

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State Agency

State Transportation Board

An individual hired specifically to promote or oppose any matter before the State Transportation Board

The individual must spend more than 10% of his time engaged in lobbying

Who Cannot Register:

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Any person who has been convicted in Georgia of a felony involving moral turpitude or an offense that, had it

occurred in this state, would constitute a felony involving moral turpitude under

Georgia law - unless ten years or more have elapsed since the completion of the person's sentence. OCGA 21-5-71

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 11

REPORTING

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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 or anything of value designed to encourage or

influence a public officer (includes any transfer, payment, subscription, advance, deposit of money or services) and specifically includes any such transaction made for the benefit of a public employee;

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. 13

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. 15

All original lobbyist reports are filed electronically with the Campaign Finance 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.

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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.

WHEN TO FILE

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State Level Year Report

Type Report Period ReportDue 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 1/19/2011 - 1/21/2011 1/22/2011 - 2/4/2011 2/5/2011

2011 STATE JANUARY 15 - 31 (In Session) 2/1/2011 2/5/2011 - 2/7/2011 2/8/2011 - 2/21/2011 2/22/2011

2011 STATE FEBRUARY 1 - 14 (In Session) 2/15/2011 2/19/2011 - 2/21/2011 2/22/2011 - 3/7/2011 3/8/2011

2011 STATE FEBRUARY 15 - 28 (In Session) 3/1/2011 3/5/2011 - 3/7/2011 3/8/2011 - 3/21/2011 3/22/2011

2011 STATE MARCH 1 - MARCH 14 (In Session) 3/15/2011 3/19/2011 - 3/21/2011 3/22/2011 - 4/4/2011 4/5/2011

2011 STATE MARCH 15 - MARCH 31 (In Session) 4/1/2011 4/5/2011 - 4/7/2011 4/8/2011 - 4/21/2011 4/22/2011

2011 STATE APRIL 1 - APRIL 14 (In Session) 4/15/2011 4/19/2011 - 4/21/2011 4/22/2011 - 5/5/2011 5/6/2011

2011 STATE APRIL 15 - APRIL 30 (In Session) 5/1/2011 5/5/2011 - 5/7/2011 5/8/2011 - 5/21/2011 5/22/2011

2011 STATE MAY 1 – MAY 31 6/1/2011 6/5/2011 - 6/7/2011 6/20/2011 - 7/19/2011 7/20/2011

2011 STATE JUNE 1 - JUNE 30 7/5/2011 7/9/2011 - 7/19/2011 7/20/2011 - 8/18/2011 8/19/2011

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

2011 STATE AUGUST 1 - AUGUST 31 9/5/2011 9/692011 - 9/19/2011 9/20/2011 - 10/19/2011 10/20/2011

2011 STATE SEPTEMBER 1 - SEPTEMBER 30 10/5/2011 10/9/2011 - 10/19/2011 10/20/2011 - 11/18/2011 11/19/2011

2011 STATE OCTOBER 1 - OCTOBER 31 11/5/2011 11/9/2011 - 11/19/2011 11/20/2011 - 12/19/2011 12/20/2011

2011 STATE NOVEMBER 1 - NOVEMBER 30 12/5/2011 12/9/2011 - 12/19/2011 12/20/2011 - 1/18/2012 1/19/2012

2011 STATE DECEMBER 1 - DECEMBER 31 1/5/2012 1/9/2012 - 1/19/2012 1/20/2012 - 2/18/2012 2/19/2012

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 5/9/2011 - 5/11/2011 5/12/2011 - 5/25/2011 5/26/2011

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

10/20/2011

2011 LOCAL SEPTEMBER 1 - DECEMBER 31

1/5/2012 1/9/2012 - 1/19/2012 1/20/2012 - 2/18/2012 2/19/2012

Vendor LevelYear

ReportType

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 2/9/2011 - 2/11/2011 2/12/2011 - 2/25/2011 2/26/2011

2011 VENDOR FEBRUARY 1 - FEBRUARY 28 (In Session)

3/5/2011 3/9/2011 - 3/11/2011 3/12/2011 - 3/25/2011 3/26/2011

2011 VENDOR MARCH 1 - MARCH 31 (In Session)

4/5/2011 4/9/2011 - 4/11/2011 4/12/2011 - 4/25/2011 4/26/2011

2011 VENDOR APRIL 1 - APRIL 30 (In Session)

5/5/2011 5/9/2011 - 5/11/2011 5/12/2011 - 5/25/2011 5/26/2011

2011 VENDOR MAY 1 - MAY 30 6/5/2011 6/9/2011 - 6/19/2011 6/20/2011 - 7/19/2011 7/20/2011

2011 VENDOR JUNE 1 - JUNE 30 7/5/2011 7/9/2011 - 7/19/2011 7/20/2011 - 8/18/2011 8/19/2011

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

2011 VENDOR AUGUST 1 - AUGUST 31

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

2011 VENDOR SEPTEMBER 1 - SEPTEMBER 30

10/5/2011 10/9/2011 - 10/19/201110/20/2011 - 11/18/2011

11/19/2011

2011 VENDOR OCTOBER 1 - OCTOBER 31

11/5/2011 11/9/2011 - 11/19/201111/20/2011 - 12/19/2011

12/20/2011

2011 VENDOR NOVEMBER 1 - NOVEMBER 30

12/5/2011 12/9/2011 - 12/19/2011 12/20/2011 - 1/18/2012 1/19/2012

2011 VENDOR DECEMBER 1 - DECEMBER 31

1/5/2012 1/9/2012 - 1/19/2012 1/20/2012 - 2/18/2012 2/19/2012

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 2/9/2011 - 2/11/2011 2/12/2011 - 2/25/2011 2/26/2011

2011 SA FEBRUARY 1 - FEBRUARY 28 (In Session)

3/5/2011 3/9/2011 - 3/11/2011 3/12/2011 - 3/25/2011 3/26/2011

2011 SA MARCH 1 - MARCH 31 (In Session)

4/5/2011 4/9/2011 - 4/11/2011 4/12/2011 - 4/25/2011 4/26/2011

2011 SA APRIL 1 - APRIL 30 (In Session)

5/5/2011 5/9/2011 - 5/11/2011 5/12/2011 - 5/25/2011 5/26/2011

2011 SA MAY 1 - MAY 30 6/5/2011 6/9/2011 - 6/19/2011 6/20/2011 - 7/19/2011 7/20/2011

2011 SA JUNE 1 - JUNE 30 7/5/2011 7/9/2011 - 7/19/2011 7/20/2011 - 8/18/2011 8/19/2011

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

2011 SA AUGUST 1 - AUGUST 31

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

2011 SA SEPTEMBER 1 - SEPTEMBER 30

10/5/2011 10/9/2011 - 10/19/201110/20/2011 - 11/18/2011

11/19/2011

2011 SA OCTOBER 1 - OCTOBER 31

11/5/2011 11/9/2011 - 11/19/201111/20/2011 - 12/19/2011

12/20/2011

2011 SA NOVEMBER 1 - NOVEMBER 30

12/5/2011 12/9/2011 - 12/19/2011 12/20/2011 - 1/18/2012 1/19/2012

2011 SA DECEMBER 1 - DECEMBER 31

1/5/2012 1/9/2012 - 1/19/2012 1/20/2012 - 2/18/2012 2/19/2012

In Session Late Fee Total Owed to Commission

Report filed late $275.00 $275.00 per report

Report not filed 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 filed 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

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 $2,000.00 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 Act or a Campaign Finance Commission Rule.

Has failed to comply with the reporting requirements. Has engaged in lobbying practices in violation of the Act. 25

MISCELLANEOUS INFORMATION

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Contingent Fees for Lobbying

Contingent fees for lobbying are prohibited!

No lobbyist shall be employed to aid or oppose legislation for compensation contingent, in whole or part, upon the passage or defeat of any legislation or state agency regulation or upon the awarding of any state contract.

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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.

Thank you!