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The Vermont Statutes Online
Title
02
:
Legislature
Chapter
011
:
REGISTRATION OF LOBBYISTS
§
261. Definitions
As used in this
chapter:
(1)
"Administrative action" means any action taken by an administrative
official or by any agency, department, division, office, board or commission of
state government with regard to any proposal, drafting, development or
consideration of a policy, practice or rule. Actions as defined by this section
do not include decisions of quasi-judicial boards in contested cases.
(2)
"Administrative official" means a state officer, or an officer,
employee or consultant of any agency, department, division, office, board or
commission of state government who as part of his or her official duties
participates in any administrative action, other than in a solely clerical,
secretarial or ministerial capacity.
(3)
"Compensation" means any salary, reward, retainer, or reimbursement
received or to be received by one acting as a lobbyist, whether in the form of
a fee, salary, forbearance, forgiveness, or any other form of recompense,
reward, retainer, reimbursement, or combination thereof.
(4)
"Employer" means any person, other than a lobbying firm, who engages
the services of a lobbyist for compensation for the purpose of lobbying. A
lobbyist who employs another lobbyist shall be required to register and report
both as an employer and a lobbyist.
(5)
"Expenditure" means a payment, distribution, loan, advance, deposit
or gift of money or anything else of value and includes a contract, promise or
agreement, whether or not legally enforceable, to make an expenditure.
"Expenditure" includes sums expended in connection with lobbying,
including research, consulting and other lobbying preparation and travel, meals
and lodging.
(6)(A)
"Gift" means:
(i) a political
contribution;
(ii) anything of
value, tangible or intangible, that is bestowed for less than adequate
consideration, including travel expenses such as travel fare, room and board,
and other expenses associated with travel;
(iii) a meal or
alcoholic beverage;
(iv) a ticket,
fee, or expenses for, or to, any sporting, recreational, or entertainment
events;
(v) a speaking
fee or honorarium, except actual and reasonable travel expenses;
(vi) a loan made
on terms more favorable than those made generally available to the public in
the normal course of business.
(B)
"Gift" does not mean:
(i) anything
given between immediate family members;
(ii) printed
educational material such as books, reports, pamphlets, or periodicals;
(iii) a gift
which is not used and which, within 30 days after receipt, is returned to the
donor or for which the donor is reimbursed for its fair market value; and
(iv) a devise or
inheritance.
(7)
"Legislator" means any member or member-elect of the general
assembly.
(8)
"Legislative action" means any action by a legislator with regard to
introduction of a bill, resolution or amendment or with regard to any bill,
resolution, amendment, report, appointment, recommendation, nomination,
election, proposed or final proposed rule or other matter proposed for
consideration by or pending in the general assembly or in any committee of the
general assembly.
(9)
"Lobby" or "lobbying" means:
(A) to
communicate orally or in writing with any legislator or administrative official
for the purpose of influencing legislative or administrative action;
(B) solicitation
of others to influence legislative or administrative action;
(C) an attempt
to obtain the goodwill of a legislator or administrative official by
communications or activities with that legislator or administrative official
intended ultimately to influence legislative or administrative action; or
(D) activities
sponsored by an employer or lobbyist on behalf of or for the benefit of the
members of an interest group, if a principal purpose of the activity is to
enable such members to communicate orally with one or more legislators or
administrative officials for the purpose of influencing legislative or
administrative action or to obtain their goodwill.
(10)
"Lobbyist" means a person who receives or is entitled to receive,
either by employment or contract, $500.00 or more in monetary or in-kind
compensation in any calendar year for engaging in lobbying, either personally
or through his or her agents, or a person who expends more than $500.00 on
lobbying in any calendar year.
(11) "State
officer" means the governor, lieutenant governor, attorney general,
secretary of state, state treasurer and auditor of accounts.
(12)
"Lobbying firm" means a sole proprietorship, partnership,
corporation, limited liability corporation, or unincorporated association which
receives or is entitled to receive $500.00 or more in monetary or in-kind
compensation for engaging in lobbying, either personally or through its agents,
in any calendar year and employs more than one individual lobbyist, contracts
with at least one other lobbyist, or is affiliated with at least one other
lobbyist.
(13)
"Immediate family" means a person's spouse or civil union partner,
parent, sibling, child, or in-law, including a parent, sibling, or child of a
spouse or civil union partner. (Added 1989, No. 160 (Adj. Sess.), § 2, eff.
April 30, 1990; amended 1993, No. 101, § 1; 2005, No. 99 (Adj. Sess.), § 1,
eff. Jan. 1, 2007; 2007, No. 5, § 1, eff. April 12, 2007.)