[ Previous Page] [ Home Page ]
The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6457 August 3, 1987 LOBBYISTS AND LOBBYING: Registration, reporting and record-keeping of employee of a nonprofit organization appearing at request of legislative committee An employee of a private, nonprofit organization does not become a "lobbyist" or a "lobbyist agent" by voluntarily appearing before a legislative committee, at the request of the committee, to answer questions of the committee. Honorable Richard H. Austin Secretary of State Treasury Building Lansing, Michigan 48918 You have requested my opinion on a question which may be stated as follows: Would a paid employee of a private, nonprofit organization who appears voluntarily before a committee of the Legislature at its request to answer questions posed by members of the committee be required to be registered as a lobbyist or a lobbyist agent under MCL 4.417; MSA 4.1704(7)? The lobbyist and lobbying act, 1978 PA 472, MCL 4.411 et seq; MSA 1704(1) et seq, regulates lobbyists, lobbyist agents, and lobbying activities. All persons whose activities bring them within the definitions of the terms "lobbyist" or "lobbyist agent" are subject to the Act. Such persons are required to register with the Secretary of State, Act 472, Sec. 7, and must also file an annual report detailing various expenditures made for lobbying activities. Act 472, Sec. 8. Act 472, Sec. 5(4), in pertinent part, defines the term "lobbyist" as follows: "(4) 'Lobbyist' means any of the following: "(a) A person whose expenditures for lobbying are more than $1,000.00 (1) in value in any 12-month period. "(b) A person whose expenditures for lobbying are more than $250.00 (2) in value in any 12-month period, if the amount is expended on lobbying a single public official." The term "lobbyist agent" is defined by Act 472, Sec. 5(5), as "a person who receives compensation or reimbursement of actual expenses, or both in a combined amount in excess of $250.00 (3) in any 12-month period for lobbying." The term "lobbying", is defined by Act 472, Sec. 5(2), which provides: " 'Lobbying' means 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 action. Lobbying does not include the providing of technical information by a person other than a person as defined in subsection (5) [a lobbyist agent] or an employee of a person as defined in subsection (5) when appearing before an officially convened legislative committee or executive department hearing panel. As used in this subsection, "technical information" means empirically verifiable data provided by a person recognized as an expert in the subject area to which the information provided is related." (Emphasis added.) Thus, a person is a "lobbyist" subject to the registration and reporting requirements of the Act if that person (1) engages in activities which constitute "lobbying," as that term is defined by Act 472, Sec. 5(2), and (2) in furtherance of those activities, makes expenditures in excess of the specified amounts during a twelve month period. Similarly, a person is a "lobbyist agent" subject to the requirements of the Act only if that person both (1) engages in activities which constitute "lobbying," as that term is defined by the act, and (2) receives compensation and/or reimbursement of expenses in excess of the specified amount for such lobbying activities. Your question is whether a paid employee of a private, nonprofit organization would be required to register as a "lobbyist" or "lobbyist agent" if the employee appears voluntarily before a legislative committee, at the request of the committee, to answer questions by members of the committee. Assuming that the information provided to the committee by the employee is technical information, as defined in Act 472, Sec. 5(2), the employee's appearance before the legislative committee would not constitute "lobbying" at all, since such appearances are expressly excepted from the definitions of "lobbying." Act 472, Sec. 5(2). It follows, therefore, that such an appearance before a legislative committee would not, standing alone, result in the employee being required to register as a lobbyist. See OAG, 1983-1984, No 6231, p 323 (June 15, 1984). Even though a particular appearance before a legislative committee may not itself constitute lobbying, the individual employee may, nevertheless, be a "lobbyist" or "lobbyist agent" if (1) the employee is engaged in other activities during the course of a year which do constitute "lobbying" as defined by Act 472, Sec. 5(2), and (2) either makes expenditures or receives compensation for such activities in excess of the specified amounts. It is my opinion, therefore, that an employee of a private, nonprofit organization does not become a "lobbyist" nor a "lobbyist agent" by voluntarily appearing before a legislative committee, at the request of the committee, to answer questions for the committee. It is my further opinion that such an employee may, nevertheless, be a "lobbyist" or "lobbyist agent" if the employee is engaged in other activities which do constitute lobbying and either makes expenditures or receives compensation and/or reimbursement of expenses for those activities in excess of the amounts specified by the Act. Frank J. Kelley Attorney General (1)
(2)
See Note 1.(3)
See Note 1.
[ Previous Page] [ Home Page ]