§ 42-139-2 - Definitions.
SECTION 42-139-2
§ 42-139-2 Definitions. – For the purpose of this chapter the following definitions shall apply:
(1) "Lobbying" means acting directly or soliciting others toact for the purpose of promoting, opposing, or influencing: (A) anypolicy-making decisions or policy-making actions of the executive branch ofgovernment or of public corporations; or (B) any decisions or actions on thepart of the executive branch of government or any public corporation involvingthe sale, lease or other alienation or encumbrance of any real property ownedor leased by the state or any public corporation.
(ii) None of the following activities shall constitute"lobbying" for purposes of this chapter:
(A) Participation in or attendance at a rally, protest orother public assemblage organized for the expression of political or socialviews, positions or beliefs;
(B) The solicitation of information about the rules,procedures, forms, programs or requirements of a department, agency, board,commission or public corporation;
(C) Advocacy in connection with matters involving thedetermination of the rights, duties or obligations of an individual made on acase-by-case basis;
(D) The issuance and dissemination of any publication,including data, research or analysis on public policy issues that is availableto the general public, and including also any news media reports, editorials,commentary or advertisements;
(E) Participation in a governmental advisory committee ortask force;
(F) Representation of one's own, wholly owned business entity;
(G) Participation in a bid conference or responding torequest for proposals issued by a state agency or department or by a publiccorporation;
(H) Responding to a subpoena or to a request for informationmade by a state agency or department or by a public corporation;
(I) Representation of a client in connection with thegranting or denial of a permit, license or benefit, or with potentialdisciplinary action against the client; or
(J) Participation in any proceeding pursuant to chapter 35 ofthis title.
(2) "Lobbyist" means a person who is employed and receivespayment, or who contracts for economic compensation, for the purpose oflobbying, or a person who is principally employed for governmental affairs byanother person or governmental entity to lobby on behalf of that other personor governmental entity.
(ii) None of the following persons shall be deemed a"lobbyist" for purposes of this chapter:
(A) A member of the Rhode Island Bar participating in anadministrative or judicial proceeding;
(B) A qualified expert witness testifying in anadministrative proceeding;
(C) An employee of any branch of federal, state or localgovernment or of any public corporation to the extent that he or she seeks onlyto influence or affect decisions or actions of other governmental entities andpublic corporations solely on its own behalf;
(D) Any member of the general assembly, any general officerof the state, any head of any executive department of state government, and anyjudge of this state acting in his or her official capacity.
(3) "Compensation" means any remuneration received or to bereceived for services rendered as a lobbyist, whether in the form of a fee,salary, forbearance, forgiveness, reimbursement for expenses, or any other formof recompense, and any combination thereof. Where lobbying is incidental to aperson's regular employment, his or her compensation for lobbying shall bereported as such and the lobbyist shall record the dollar amount of thatportion of his or her compensation that is attributed to the time spentpursuing lobbying activities. In such instances, it shall not be necessary todisclose one's total salary or the percentage of one's time spent on lobbying.The lobbyist shall be required to disclose only his or her best good faithestimate of the dollar amount of which corresponds to the portion of his or hertime spent on lobbying activities.
(4) "Person" means an individual, firm, business,corporation, association, partnership, or other group.
(5) "Public corporation" means a corporate entity within thepurview of §§ 35-18-2(9) and 35-20-5(4) which is considered agovernmental agency but which has a distinct legal existence from the state orany municipality, does not constitute a department of state or municipalgovernment, and has the ability to sue or be sued in its own name.