A corporation is interested in pending legislation. Certain of the corporate officers have expertise in particular areas. The corporation itself wishes to write to or perhaps even meet with legislators to advocate or oppose the passage of certain legislation. As part of their corporate duties, the knowledgeable officers prepare and send correspondence to legislators and perhaps meet with them.
The question presented to the Commission is whether officers of a corporation who lobby on behalf of their corporate employer are required to file a Statement of Registration under the Regulation of Lobbying Act of 1977 (hereinafter referred to as the Act).
Section 3(a) of the Act states that the term "lobbyist shall mean and include every person, firm, corporation, or association retained, employed, or designated by any person, firm, corporation, or association, or by any public corporation...". The corporate officer here has been designated to lobby on behalf of his employer and would, therefore, be a lobbyist for the corporation within the meaning of this section.
A Statement of Registration is required to be filed by an employee of a corporation when he incurs, receives, or expends $1000 of reportable expenses. If there is no specified fee or remuneration by lobbying, then a reasonable estimate of the proportionate share of his salary should be computed to determine whether the $1000 threshold is reached (Section 5 of the Act). Employees of a corporation, whatever their official title or duties might be, are subject to the Act when they engage in "lobbying activities" as defined in the Act (Sec. 3(b)).
A corporation having more than one employee lobbying on its behalf may name one employee as its principal designated lobbyist and such employee shall report in the Statement of Registration the names of each employee who will be engaged in lobbying (see Section VI(A), subparagraph 3 of the Commission's Guidelines).
APPROVED BY COMMISSION: OCTOBER 6, 1978
CONCURRING: CHAIRMAN S. STANLEY KREUTZER, VICE CHAIRMAN OWEN McGIVERN, MARGARET C. ANDRONACO, D. CLINTON DOMINICK, DANIEL GUTMAN, and DAVID C. TAIT./S/