100 R.I. Code R. 100-RICR-70-00-1.4

Current through December 3, 2024

Section 100-RICR-70-00-1.4 - Definitions

A. The following terms are defined by R.I. Gen. Laws § 42-139.1-3:

1. "Appointed" or "Engaged" means receiving Compensation from another Person for the purpose of Lobbying.

2. "Compensation" means any remuneration or earnings received or to be received for services rendered as a Lobbyist, including any fee, salary, forbearance, forgiveness, or any other form of recompense, and any combination of these, but does not include reimbursement for incidental expenses.

3. "Lobbying" means acting directly or soliciting others to act for the purpose of promoting, opposing, amending, or influencing any action or inaction by any member of the executive or legislative branch of state government, or any public corporation.

4. "Lobbying Firm" means a business entity, partnership or other organized group that receives Compensation for Lobbying.

5. "Lobbyist" means any of the following:

a. "Contract Lobbyist" means any person who engages in Lobbying as the Appointed or Engaged representative of another person;

b. "In-house Lobbyist" means any employee, officer, director, or agent of a corporation, partnership, or other business entity or organization whose job responsibilities include Lobbying; and

c. "Governmental Lobbyist" means any employee of any federal, state, or local government office or agency or any Public Corporation who engages in Lobbying.

6. "Money" and "Anything of Value" means any fee, salary, commission, expense allowance, forbearance, forgiveness, royalty, rent, capital gain, gift, loan, reward, favor or service, gratuity or special discount, or any other form of recompense that constitutes income under the Federal Internal Revenue Code, but shall not include campaign contributions.

7. "Person" means an individual, firm, business, corporation, association, partnership, or other group.

8. "Public Corporation" means a body corporate and politic acting as a public corporation, which has been organized pursuant to law and granted certain powers, rights, and privileges by the general laws, but which has a separate and distinct legal existence from the state, and is not a department of the state.

9. "Secretary" means the Rhode Island secretary of state.

B. Further, in addition to those terms defined by R.I. Gen. Laws § 42-139.1-3, the following definitions shall also apply to this regulation:

1. "Minor Infraction" includes, but is not limited to, filing a late registration, filing a late Lobbying report, or the failure to make payment for a Lobbying badge.

2. "Non-Conforming Reports" means a report that does not include all of the information required by the Secretary or is otherwise incomplete.

3. "Public Bodies" means "Public Corporations" as that term is defined in R.I. Gen. Laws § 42-139.1-3(8) and shall also mean any department, agency, commission, committee, board, council, bureau, or authority or any subdivision thereof of state government, or any other agency of the state government which exercises governmental functions. An entity shall not be deemed a Public Body or Public Corporation if it does not have a budget or staff, or if it acts solely in an advisory capacity and reports to a higher, decision-making body.

4. "Qualified Expert Witness" means a witness who is qualified as an expert by knowledge, skill, experience, training, or education in a specialized field.

5. "State Government Building" means any building in which a Rhode Island state agency or department, legislative body, or Public Corporation is situated, or in which employees regularly engage in their duties for a Rhode Island state agency, department, legislative body or Public Corporation.

6. "Violation" means any individual act or item of non-compliance with the provisions of the Act, as amended hereafter, or with these regulations.

C. The following Persons shall not be deemed "Lobbyists" for purposes of this regulation:

1. Licensed attorneys who:

a. Represent a client in a contested administrative proceeding, a licensing or permitting proceeding, or a disciplinary proceeding; and

b. Engage in any communications with an executive branch official or office if those communications are incidental to the attorney's representation of their client rather than Lobbying activities as defined herein.

2. Qualified Expert Witnesses testifying in an administrative proceeding or legislative hearing, either on behalf of an interested party or at the request of the agency or legislative body or committee;

3. Members of the general assembly, general officers of the state, municipal elected or appointed officials, heads of any executive department of state government, and/or heads of any Public Corporation, or a duly appointed designee of one of the foregoing offices acting in the official capacity of said office, and any members of the Rhode Island judiciary acting in their official capacities;

4. Persons participating in a governmental advisory committee or task force;

5. Persons appearing on behalf of a business entity by which they are employed or organization with which they are associated, if that Person's regular duties do not include Lobbying or government relations;

a. This exemption applies without limitation to Persons who volunteer for any organization and who engage in Lobbying for that organization only intermittently, incidentally or occasionally, rather than on a consistent or regular basis.

6. Persons appearing solely on their own behalf;

7. Employees or agents of the news media who write, publish, or broadcast news items or editorials which directly or indirectly promote or oppose any action or inaction by any member or office of the executive or legislative branch of state government;

8. Individuals participating in or attending a rally, protest, or other public assemblage organized for the expression of political or social views, positions or beliefs;

9. Individuals participating in any proceeding pursuant to R.I. Gen Laws § 42-35;

10. Individuals, other than employees or agents of the news media, involved in the issuance and dissemination of any publication, including data, research or analysis on public policy issues that is available to the general public, including news media reports, editorials, commentary or advertisements and

11. Individuals responding to a request for information made by a state agency, department, legislative body or Public Corporation.

D. The Secretary reserves the right, within his or her reasonable discretion, to recommend that a Person register as a Lobbyist if the Secretary reasonably believes that a Person has represented an organization on a consistent or regular basis, such that their actions constitute Lobbying.

100 R.I. Code R. 100-RICR-70-00-1.4

Adopted effective 4/17/2024