Governmental Affairs FAQ

Governmental Affairs FAQs

Q: Do I need to register as a lobbyist?

A: In Ohio, there are three types of lobbyists – legislative lobbyists, executive agency lobbyists, and retirement system lobbyists. A lobbyist who does more than one type of lobbying must register for each type. In addition, some Ohio cities require city hall lobbyists to register with the city.

You must register as a legislative lobbyist if:

Ø You had, or anticipate having, direct communication with any of the following listed persons:

Ø Any member of the General Assembly;

Ø Any member of the Controlling Board;

Ø The Governor;

Ø The director of certain state departments; or

Ø Any member of the staff of any public officer or employee listed above;

Ø Your direct communication is for the purpose of actively advocating, which means to promote, advocate, or oppose the

passage, modification, defeat, or executive approval or veto of legislation;

Ø You are actively advocating as a representative for, and on behalf of, another person or entity; and

Ø You are engaged by the person or entity on whose behalf you are actively advocating.

You must register as an executive agency lobbyist if:

Ø You had, or anticipate having, direct communication with any of the following listed persons:

Ø Any elected executive official;

Ø The director of certain state departments;

Ø An executive agency official; or

Ø Any member of the staff of any public officer or employee listed above;

Ø Your direct communication is for the purpose of influencing executive agency decisions or to conduct executive agency

lobbying activity;

Ø You are attempting to influence executive agency decisions or conducting executive agency lobbying activity as a

representative for, and on behalf of, another person or entity; and

Ø You are engaged by the person or entity on whose behalf you have been attempting to influence executive agency decisions

or conduct executive agency lobbying activity.

You must register as a retirement system lobbyist if

Ø You had, or you anticipate having, direct communication with any of the following persons:

Ø A member of a board of a state retirement system, a state retirement system investment official;

Ø An employee of a state retirement system whose position involves substantial and material exercise of discretion in the

investment of retirement system funds;

Ø Your direct communication is for the purpose of influencing Retirement System decisions or to conduct Retirement System

lobbying activity;

Ø You are attempting to influence Retirement System decisions or conducting Retirement System lobbying activity as a

representative for and on behalf of another person or entity;

Ø The person or entity on whose behalf you have been attempting to influence Retirement System decisions or conduct

Retirement System lobbying activity engaged you; and

Ø You are engaged to influence retirement system decisions or to conduct retirement system lobbying activity as one of your main purposes on a regular and substantial basis.

There is no safe harbor in the lobbying law, which provides that certain specified minimal activity will not be considered to be “regular and substantial”. Therefore, the determination of whether this threshold has been met is necessarily a very fact specific judgment call to be made by those directly communicating with, or employing others to directly communicate with, the retirement systems. Prudence is advised when making this determination.

Q: How do I register to become a lobbyist in Ohio?

A: Once it is decided which type of lobbying you will be participating in, (Executive, Legislative, Retirement) you will need to file an Initial Registration for each type by logging into the Ohio Lobbying Activity Center (OLAC). After entering the details of the engagement between you and your client, you will be prompted to print off a signature page, which both parties must sign. The signature page and filing fee should be sent to the OLIG for processing. The cost for filing each Initial Registration is $25.

Q: What are the reporting periods and when are my filings due?

Reporting Period	Filing Deadline
January 1st to April 30th	May 31st
May 1st to August 31st	September 30^th
September 1st to December 31st	January 31st

When a filing deadline falls on a Saturday, Sunday or State Holiday the deadline is automatically moved to the next business day.

Q: When do my registrations expire? What do I need to do to become an active lobbyist after my registration expires?

A: Registrations expire as follows:

	Date of Expiration	Re-registration Due Date
Legislative Agent/Employer	December 31st of every even numbered year	January 31st of each odd numbered year
Executive Agency Lobbyist/Employer	January 31st each year	January 31st annually
Retirement System Lobbyist/Employer	January 31st each year	January 31st annually

When a filing deadline falls on a Saturday, Sunday or State Holiday the deadline is automatically moved to the next business day.

If you intend to continue lobbying beyond these dates; you must renew the registration.

Q: I am an inside sales employee for a corporation who is seeking to do business with various state agencies. My company proposes that I will receive a commission if my efforts are successful. Are there any prohibitions in the Ohio Revised Code governing this arrangement?

A: Ohio Revised Code §121.67 prohibits contingency fee arrangements between executive agency lobbyists and their employers. You must be compensated regardless of the outcome of your efforts on behalf of your client. However, the contingency fee prohibition does not apply to incentive compensation plans for sales employees if the incentive based plain is the same plan used to compensate similarly situated sales employees who are not executive agency lobbyists.

Edward L. Gilbert Co., LPA

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