Vermont Secretary of State

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Lobbying FAQs

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The law exempts four categories of persons from registration and reporting 2 V.S.A. § 262:

1. A person who engages in lobbying solely by testifying before committees of the General Assembly and agencies, departments, divisions, offices, boards and commissions of state government and providing information requested by legislators or administrative officials;

2. A duly-elected or appointed official or employee of the United States, the State of Vermont, or of any instrumentality, agency or governmental subdivision of the foregoing, when acting solely in connection with matters relating to the person's office or public duties;

3. The government of the United States, of the State of Vermont, or of any instrumentality, agency or political subdivision of the foregoing;

4. A person who owns, publishes or is employed by any news medium while engaged solely in the acquisition or dissemination of news on behalf of the news medium.
• Is disclosure required when a registered lobbyist testifies at the request of a legislative committee or administrative agency or when the lobbyist provides information at the request of a legislator or administrative official?

  Yes. Only persons whose sole lobbying activity involves responding to legislative or administrative requests for testimony or information would be exempt. Once a lobbyist or employer is required to report and disclose, full disclosure of all lobbying expenditures is required, even when that activity includes testifying or providing information at the request of a legislator or administrative official.

  Similarly, the exemption would not apply to a registered lobbyist who prepares a draft of a bill or an amendment at the request of a legislator.

• Are lobbying activities by state or local officials automatically exempt?

  They are when the official is acting solely in connection with matters relating to his or her office or public duties. If the official's activities go beyond matters relating to his or her position, the official must register and report if he or she reaches the $500 threshold.

  For example, an official who testifies on behalf of a private group to argue in favor of a bill would be required to register and report once the official reaches the $500 expenditure threshold.

• If a lobbyist is appointed to serve on a commission or council that includes one or more administrative officials or legislators, is that lobbyist engaged in lobbying when, as a member of that commission, he or she engages in discussions concerning policies or proposed legislation?

  No. In such a situation, even though the lobbyist is compensated by his or her employer for time spent on commission matters, the lobbyist is participating as a state official. Communications and activities in connection with the lobbyist's duties under such an appointment are exempt from the reporting requirements.

• Is a lobbyist hired by a municipality required to register?

  Yes, if the compensation reaches the threshold. The municipality, however, would not be required to register as an employer. 2 V.S.A. § 262(2).

• Is an editor or publisher of a newspaper ever required to register?

  The news media is exempt when engaged solely in the acquisition or dissemination of news on behalf of the news medium. This exemption does not apply to an editor or publisher who participates in lobbying activities, such as testifying on behalf of a bill or a rule. Once the $500 threshold is reached, registration and reporting are required.

  NEXT: WHO MUST PAY THE LOBBYING TAX?
  

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  Technical editor is Nick Hayer (nick@sec.state.vt.us)