Lobbying can therefore be understood as an activity wherein the aim is to improve political decisions through the realistic perceptions of companies, associations or groups of citizens.
The groups as defined by the Commission are divided into three branches: professional consultants and law firms; lobbyists from companies and trade associations; and think tanks and NGOs. What is lobbying? What is the purpose of lobbying?
To allow participation in the public decision-making process. To improve the dialogue between the Government and civil society representatives. To provide decision-makers with technical and sectoral information in order to execute the legislative work. To encourage public debate on several issues. To help companies stay informed and to be aware of public priorities. Lobbying is neither bribery nor power in the shadows. Most of the lobbyists are lawyers and many are ex-Congresspersons.
Lobbying takes place at every level of government, including federal, state, county, municipal, and even local governments. In Washington, DC alone, over 12, lobbyists are busy targeting legislators and regulators. We tend to see the influence of lobbyists as pernicious and favoring the interests of corporations and wealthy families over the common citizens. For example, the American Medical Association lobbied Congress to pass laws against tobacco advertising or sales to minors, and most people would consider this to be good.
Lobbyists for the oil industry have managed to get government to provide strong subsidies and privileges for that industry. Lobbyists for the agriculture industry basically serve the corporate owners of vast agricultural land rather than the small farmers. Lobbyists for the pharmaceutical industry have helped achieve high drug prices in the U. And lobbyists for the defense industry keep legislators actively voting for more military goods than even the military generals feel that it needs.
Campaign finance is the real source of corruption of our democratic ideal. Each legislator needs campaign donations beyond what the political party can supply. Lobbyists are able to make campaign donations coming from their client corporations. But clearly legislators will know the size of the donation and will thank the lobbyists for the campaign support. All said, raising enough campaign finance money is a cancer that gets legislators to focus more on the interests of big corporations and wealthy families than on what best serves the interests of the voters in their district.
We must recognize lobbying as essentially a marketing activity. The client hires a lobbyist with an issue in mind and together identifies the key legislators, their voting tendencies, and their susceptibilities; all in order to develop the right information, communication, and persuasion strategy.
Successful lobbying requires deft persuasion skill, and has much in common with such activities as management consulting and public relations. Lobbyists hope to develop a close and trusting relation with various legislators and supply them with helpful information.
Lobbyists must not commit the error of feeding dishonest facts to the legislator and thereby embarrassing the legislator, who will never again deal with that lobbyist. Although the facts are usually correct, the lobbyist puts them into a context that favors voting a certain way. Most often the legislator phones them and asks for a political contribution, even stating the amount.
The total cost of federal campaigns has skyrocketed in recent years, and elected officials must spend countless hours on the phone raising money for their campaigns. The real story here was not one of lobbyists corrupting some otherwise honest policymakers, but one of elected officials hitting up lobbyists through a form of legalized extortion. Lobbyists are paid a salary and are given a budget to cover expenses and also contributions to legislator campaigns.
The Supreme Court decision in Citizens United v. Federal Election Commission ended up declaring that businesses were persons with a right to influence other citizens. The result is that more Americans see special interests funnel huge amounts of business money into influencing Congress and that business interests control the legislatures. Does the lobbying activity really pay off? Some studies have tried to show that legislators were not influenced by campaign contributions.
But Lessig shows that influence can occur in other ways such as delaying certain bills, modifying certain bills. Other studies say that lobbying has a great impact on Congressional bills and policy making. A meta-analysis of research findings found a positive correlation between corporate political activity and firm performance.
Clearly governments must pass laws regulating the influence of lobbyists. Lobbying is subject to extensive rules which, if not followed, can lead to penalties including jail. Yet the activity of lobbying is legal and is interpreted by court rulings as free speech and protected by the U. Continue reading. In a way, lobbyists never stop becoming lobbyists. This is because the work demands a never ending dogged commitment to building key relationships and networking.
Based on our pool of users, lobbyists tend to be predominately enterprising people. This finding is not at all surprising, because at its core, lobbying is persuading. Lobbyist means a person who is authorized to lobby on behalf of a principal and includes an officer, agent, attorney, or employee of the principal whose regular duties include lobbying.
Registration as a lobbyist is required where the person, partnership, firm, or corporation is employed: to promote or oppose any legislation pending or proposed before the general court, or any action by the governor, governor and council, or any state agency, where such action concerns legislation or contracts pending or proposed before the general court. Registration not required when: employed to represent another only in an adjudicative proceeding or nonadjudicative process other than a rulemaking proceeding or process related to the purchasing of goods or services by the state, and who files an appearance with the authority conducting the matter, or is an owner or employee of a business seeking to do business with the state or communicating with an executive branch official or employee, a state agency, or administrative official of the general court regarding goods or services that are or may be purchased by the state.
Other exceptions provided for in N. A person shall not be deemed a governmental affairs agent who, in relation to the duties or interests of his employment or at the request or suggestion of his employer, communicates with a member of the Legislature, with legislative staff, with the Governor, with the Lieutenant Governor, with the Governor's staff, or with an officer or staff member of the Executive Branch concerning any legislation, regulation or governmental process, if such communication is an isolated, exceptional or infrequent activity in relation to the usual duties of his employment.
A lengthy list of exceptions to what qualifies as lobbying or lobbying activities is available at N. Lobby or Lobbying: a. Influencing or attempting to influence legislative or executive action, or both, through direct communication or activities with a designated individual or that designated individual's immediate family.
Developing goodwill through communications or activities, including the building of relationships, with a designated individual or that designated individual's immediate family with the intention of influencing current or future legislative or executive action, or both. Exception: communications or activities as part of a business, civic, religious, fraternal, personal, or commercial relationship which is not connected to legislative or executive action, or both.
Lobbyist: An individual who engages in lobbying for payment and meets any of the following criteria: a. Represents another person or governmental unit, but is not directly employed by that person or governmental unit. Contracts for payment for lobbying.
Is employed by a person and a significant part of that employee's duties include lobbying. A complete list of exempted individuals is available at N. Lobbyist principal and principal: The person or governmental unit on whose behalf the lobbyist lobbies and who makes payment for the lobbying. If a lobbyist is paid by a law firm, consulting firm, or other entity retained by a person or governmental unit for lobbying, the principal is the person or governmental unit whose interests the lobbyist represents in lobbying.
In the case of a lobbyist employed or retained by an association or other organization, the lobbyist principal is the association or other organization, not the individual members of the association or other organization. Exception: those designating registered liaison personnel under Part 5 of this Article. Any person who, in any manner whatsoever, directly or indirectly, performs any of the following activities: a.
Attempts to secure the passage, amendment, or defeat of any legislation by the legislative assembly or the approval or veto of any legislation by the governor of the state. Attempts to influence decisions made by the legislative management or by an interim committee of the legislative management. Does not apply to any person who is: a legislator; a private citizen appearing on the citizen's own behalf, an employee, officer, etc. Incorporates definitions from the Rules of the Ethics Commission.
Ethics Rule 5. The following individuals shall not be considered lobbyists: a an individual appearing before the Governor or a meeting of a legislative body who receives no compensation for his or her appearance other than reimbursement from the state for expenses and who engages in no further lobbying; b a federal official acting in his or her official capacity; c any person exercising his or her constitutional right to petition the government who receives no compensation or anything of value for lobbying.
The term includes: 1 direct or indirect communication; 2 office expenses; and 3 providing any gift, hospitality, transportation or lodging to a State official or employee for the purpose of advancing the interest of the lobbyist or principal.
The term includes an attorney at law while engaged in lobbying. Unable to locate any relevant statute defining "lobbyist" or "lobbying. Lobbyist is a person who seeks the introduction of legislation or to promote, oppose, or influence in any manner the passage by the legislature of any legislation affecting the special interests of any agency, individual, association or business, as distinct from those of the whole people of the state, or to act in any manner as a lobbyist in connection with any such legislation.
However, the contractor or vendor, or employee of the contractor or vendor, shall be deemed to be a lobbyist, if actively engaged in selling or marketing to an official in the executive branch or an official in the legislative branch whose duty it is to vote for, let out, overlook, or in any manner to superintend any work or any contract so marketed or sold.
Gov't Code Ann. Does not apply to a member of the judicial, legislative, or executive branch of state government or an officer or employee of a political subdivision of the state.
Also does not apply to quasi-governmental agencies, subject to exceptions. Utah Code Ann. Influencing or attempting to influence executive or legislative action through oral or written communication with an executive or legislative official; or 2. Solicitation of others to influence an executive or legislative official. Requests for appointments, information on the status of pending executive and legislative actions, or other ministerial contacts if there is no attempt to influence executive or legislative actions; 2.
Responses to published notices soliciting public comment submitted to the public official designated in the notice to receive the responses; 3.
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