Compliance
Do Volunteers Have to Register as Lobbyists? It Depends
November 5, 2024 | Nicole Galloway, Denisse Girón, Karen Kulivan
February 28, 2022 | Bradley Coffey
Key Takeaways:
Following a property development scandal involving a Louisville Metro Council member, Councilman Bill Hollander (D-9th District) has filed a new proposed ordinance (O-058-22) to require the registration of lobbyists and lobbyist employers in the city of Louisville, Kentucky.
The ordinance creates a new section of the Louisville Metro Code of Ordinances to define who a lobbyist is and creates a reporting structure for lobbyists seeking to influence the Council or the executive branch of city government.
The proposed ordinance specifically exempts from the definition of lobbying persons appearing before the Council or executive agency during public meetings or submitting public comments, a private citizen who does not receive compensation for lobbying and expresses a personal opinion, and federal, state, or local employees seeking to influence an officer of the city in their capacity as a representative of their agency. Any other person “engaged to influence executive agency decisions or to promote, advocate, or oppose the passage, modification, defeat, or executive approval or veto of any legislation by direct communication with any Metro Officer or any member of the staff of a Metro Officer” would be required to register and report.
While similar, this ordinance would be a separate requirement from the existing lobbying laws in Kentucky. Lobbyists and lobbyist employers have seven (7) days to register with the Louisville/Jefferson County Metro Ethics Commission following engagement of the lobbyist. Registrations would be valid for a calendar year (January 1 - December 31), unless the registration is terminated prior to expiration.
In addition to registration, each lobbyist and lobbyist employer are required to update their registration statement quarterly with the following information:
Expenditures: Expenditures made on behalf of a Metro Officer or candidate for Metro office;
Expenditures: The total amount of lobbying expenditures made by the lobbyist and/or lobbyist employer during the reporting period;
Expenditures: Expenditures made by the lobbyist for informational, educational, or promotional items or activities if the expenditures were not reimbursed by the employer;
Expenditures: Itemized account of all amounts expended by the lobbyist employer for receptions or other events;
Expenditures: Itemized account of all other amounts expended by the lobbyist employer expended for lobbying including reimbursements paid to any lobbyist;
Compensation: The compensation paid to each lobbyist by the lobbyist employer, prorated to reflect the time the lobbyist was engaged in lobbying during the reporting period;
Advertising: The cost of advertising incurred by a lobbyist employer to support or oppose executive or legislative action;
Transactions: Financial transactions with or for the benefit of any Metro Officer or any member of the staff of any Metro Officer.
Updated registration statements would be due on the 15th of April, July, October, and January each year that a lobbyist and lobbyist employer are registered.
The proposed ordinance also includes prohibitions on lobbyist and lobbyist employer activities including:
Gifts: Giving anything of value to a Metro Officer, candidate or their immediate family members;
Political Campaigns: Serving as a campaign treasurer (lobbyists may not directly solicit, control, or deliver a campaign contribution for a candidate or Metro Officer);
Donations: Lobbyist donations political campaigns;
Revolving Door: Current and former Metro Officers from serving as a lobbyist for two years after leaving office;
Fees: Contingency fees.
As of February 22, 2022, the proposed ordinance is in the Metro Council’s Government Oversight and Audit Committee. Upon passage, Louisville would join 60+ other counties and municipalities in the United States with lobbying registration and reporting requirements.
Are you preparing to engage in municipal lobbying? We can help. Don’t miss critical deadlines with MultiState lobbying compliance services — reach out to our team with questions.
November 5, 2024 | Nicole Galloway, Denisse Girón, Karen Kulivan
November 5, 2024 | Hilary Smith
October 29, 2024 | Chase Klingensmith, Bradley Coffey