§261. Definitions

Link to law: http://legislature.vermont.gov/statutes/section/02/011/00261
Published: 2015

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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.)
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