2023 -- H 5614

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LC001772

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE RHODE ISLAND

LOBBYING REFORM ACT

     Introduced By: Representatives Place, Rea, Chippendale, Newberry, and Nardone

     Date Introduced: February 15, 2023

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-139.1-3 of the General Laws in Chapter 42-139.1 entitled "The

Rhode Island Lobbying Reform Act" is hereby amended to read as follows:

     42-139.1-3. Definitions.

     (a) For the purposes of this chapter, the following definitions apply:

     (1) “Appointed” or “engaged” means receiving compensation from another for 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 or municipal government, local fire district, or any public

corporation.

     (4) “Lobbying firm” means a business entity that receives compensation for lobbying.

     (5) “Lobbyist” means any of the following:

     (i) “Contract lobbyist” means any person who engages in lobbying as the appointed or

engaged representative of another person; or

     (ii) “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; or

     (iii) “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) The following persons shall not be deemed “lobbyists” for purposes of this chapter:

     (1) Licensed attorneys who:

     (i) Represent a client in a contested administrative proceeding, a licensing or permitting

proceeding, or a disciplinary proceeding; and

     (ii) 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 in this section.

     (2) A qualified expert witness 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) Any member of the general assembly, general officer of the state, municipal elected or

appointed official, head of any executive department of state government, and/or head 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 judge of this state acting in their official capacity;

     (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;

     (6) Persons appearing solely on their own behalf;

     (7) Employees or agents of the news media who write, publish, or broadcast news items or

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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 chapter 35 of this title;

     (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.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE RHODE ISLAND

LOBBYING REFORM ACT

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     This act would expand the lobbying reform act to apply to persons who lobby municipal

government executives and legislative bodies, as well as local fire districts.

     This act would take effect upon passage.

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