STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 6266

December 20, 1984

LOBBYISTS AND LOBBYING:

Exemption from registration and reporting of legislator member of the Board of Trustees of the Library of Michigan

A legislator who also serves as a member of the Board of Trustees of the Library of Michigan is, by virtue of such office, exempt from registration and reporting as a lobbyist under 1978 PA 472.

Honorable Mary Ellen Parrott

State Representative

The Capitol

Lansing, Michigan

You have requested my opinion whether a member of the Michigan House of Representatives who serves as a member of the Board of Trustees of the Library of Michigan is required by 1978 PA 472; MCLA 4.411 et seq; MSA 4.1704(1) et seq, to be registered as a lobbyist and file reports.

Initially, it should be observed that the Library of Michigan Act, 1982 PA 540; MCLA 397.11 et seq; MSA 15.1560(1) et seq, hereinafter sometimes the Act, in section 3, created the Library of Michigan within the Legislative Council, a constitutional body consisting of 12 members of the Legislature. Const 1963, art 4, Sec. 15. See also, the Legislative Council Act, 1965 PA 412, MCLA 4.311 et seq; MSA 2.138(1) et seq. Section 4 of the Act, supra, established a board of trustees of the Library of Michigan 'within the legislative branch of state government.' Members of the board of trustees include three legislators who are appointed by the Legislative Council for two year terms. The Act, supra, Secs. 4(3) and 4(4). The Legislature has provided only for reimbursement of actual and necessary expenses of members of the board of trustees. The Act, Sec. 4(5), supra.

As indicated in its title, 1978 PA 472, supra, regulates 'lobbyists, lobbyist agents, and lobbying activities' by requiring registration, the filing of reports and the keeping of records. In section 5(2) of 1978 PA 472, supra, 'lobbying' is defined as 'communicating directly with an official in the executive branch of state government or an official in the legislative branch of state government for the purpose of influencing legislative or administrative actions.'

Pursuant to sections 5(4) and 7(1) of 1978 PA 472, supra, a person is required to register as a lobbyist if, in any 12 month period, he/she expends more than $1,000 for lobbying or more than $250 for lobbying a single public official. In addition, a person who lobbys on behalf of another person is required by sections 5(5) and 7(2) of 1978 PA 472, supra, to register as a lobbyist agent upon receiving 'compensation or reimbursement of actual expenses, or both, in a combined amount in excess of $250.00 in any 12-month period for lobbying,' unless the person is specifically excluded from the registration and reporting requirements of 1978 PA 472, supra.

Persons who are exempt from the requirements of 1978 PA 472, supra, are identified in section 5(7) of 1978 PA 472, supra, which, in pertinent part, states:

The phrase 'elected or appointed public officials of state or local government' is not expressly defined in 1978 PA 472, supra; however, section 6(2) of 1978 PA 472, supra, provides that a 'public official' means an official in the executive or legislative branch of state government.' An official in the legislative branch of government is defined in section 5(10) of 1978 PA 472, supra, to include 'a member of the legislature.'

While the phrase 'elected or appointed public officials of state or local government' as used in section 5(7) of 1978 PA 472, supra, is not defined in 1978 PA 472, supra, it is defined in the administrative rules implementing 1978 PA 472, supra. Administrative Code 1981 AACS, R 4.411, in pertinent part, provides:

Members of the House of Representatives are elected public officials of state government. Their term of office is prescribed by the Constitution. Const 1963, art 4, Sec. 3. Thus, members of the House of Representatives are elected public officials of state government within the meaning of section 5(7)(b) of 1978 PA 472, supra, and are exempt from the provisions of 1978 PA 472, supra.

Members of the Board of Trustees of the Library of Michigan are appointed public officials of state government. Their term of office is prescribed by statute. The Act, Sec. 4(4), supra. Thus, members of the Board of Trustees of the Library of Michigan are appointed public officials of state government within the meaning of section 5(7)(b) of 1978 PA 472, supra, and are exempt from the provisions of 1978 PA 472, supra.

It is my opinion, therefore, that a member of the Michigan House of Representatives, who serves as a member of the Board of Trustees of the Library of Michigan, is by virtue of such office, exempt from registration and reporting as a lobbyist under 1978 PA 472, supra.

Frank J. Kelley