02/23/2006
OHIO LOBBYING ASSOCIATION
BRIEFING PAPER ON LOBBYING
The Ohio Lobbying Association prepared this briefing paper for our members, their clients, employers, employees and the general public, to help explain how the lobbying profession works. Recent news coverage of activities at the state and federal levels concerning government officials and lobbyists has raised many questions. It is important that these questions not go unanswered or create greater confusion and mistrust of government. The public’s trust in its government is the foundation of our representative democracy. For that reason, the Ohio Lobbying Association is strongly committed to education about our political and public policy systems and the valuable role performed by lobbyists.

General Points About Lobbying and Compliance with Applicable Laws

• As government has grown in size and complexity, more lobbyists are needed to explain issues and help legislators understand all of the various points of view necessary to forge consensus and enact good public policies.
• The lobbying profession supports clear, fair, and concise laws and regulations that provide the transparency necessary to ensure the public’s trust.
• Current laws require lobbyists to register with the State and file reports disclosing any money they spend for food, beverages or gifts that benefit legislators or key executive branch decision-makers.
• It is important that current laws are enforced. It is also important that public officials and lobbyists have ethics training and thoroughly understand the rules and restrictions associated with lobbying.
• It is very rare for a lobbyist to engage in illegal or unethical activities. To be successful, lobbyists must have a reputation for being trustworthy and knowledgeable.

A Few Questions & Answers About Lobbying:

Q: What is the legal basis for lobbying?
A: The First Amendment of the U.S. Constitution specifically gives American citizens the right to contact their elected representatives “for redress of grievances”. There is no law that says this contact must be only by the citizens themselves or that groups of citizens cannot band together to influence legislation or hire others to do it on their behalf. Individuals who contact elected officials on behalf of other groups and organizations are called lobbyists. State and federal laws regulate lobbyists and their activities. Often citizens believe that only wealthy corporations hire lobbyists. But, the reality is that lobbyists represent a variety of individuals and organizations. Lobbyists who work for the AARP represent senior citizens. Lobbyists who work for anti-poverty groups or fair housing organizations represent low-income citizens. Small businesses, labor unions, civil rights groups, and interest groups like Common Cause or Ohio Citizen Action, all employ lobbyists.

Q: What kind of disclosure do lobbyists make about contacts with state legislators and government officials and how much they spend on behalf of their clients or employers?
A: Ohio law requires lobbyists (defined as someone who represents others for a fee or salary) to register with the Office of the Legislative Inspector General and to file a report three times each year. The reports include details about legislation and executive agency decisions the lobbyists have been working on and how much they have spent. These reports are available at the office of the Legislative Inspector General and on the office Web site at www.jlec-olig.state.oh.us

Q: Where do lobbyists do most of their business with legislators, staff and other governmental officials?
A: Lobbyists do most of their business in the personal offices of the legislator, government official or staff person. Sometimes on busy days, meetings are held in other meeting rooms in the Statehouse, government office buildings or the Statehouse cafeteria. Occasionally when legislators, staff or other government officials are not as busy, meetings are held in local restaurants. When this occurs, the lobbyist must comply with all state laws and rules governing the purchase of meals and beverages. The lobbyist cannot spend more than $75 on meals and beverages annually for each legislator or reportable government official. Whatever the lobbyist spends must be reported. However, lobbyists do not have to name individual legislators until they spend over $50 annually on meals and beverages for them. The lobbyist must then notify the legislator that such expenditures have been made and that the legislator’s name will be reported.

Q: Are golf outings or other entertainment (corporate suites at athletic events, theatre tickets, etc.) between lobbyists and legislators or government officials frequent?
A: No. Under state law, legislators and other government officials are not allowed to accept anything from a registered lobbyist that is of such a character as to manifest a substantial and improper influence upon the legislator. No legislator can accept cash, payment for travel or gifts exceeding an aggregated value of $75 per calendar year from a lobbyist. Sometimes legislators and lobbyists will attend events like these when they are held as a fundraiser. In those instances the lobbyist must use personal or Political Action Committee money to attend. Detailed legislative discussions, however, are more likely to occur in the legislator’s office than at events such as these.

Q: Will the plea of federal lobbyist Jack Abramoff affect Ohio lobbyists?
A: The lobbying profession does not condone unethical behavior. Lobbyists who conduct themselves in an ethical manner and abide by all filing and disclosure laws will not be affected by the plea of Jack Abramoff.

Q: Is what Abramoff admitted to similar to what lobbyists normally do?
A: No. Abramoff admitted to violating state and federal fraud and tax evasion statutes. He also apparently violated the federal gift rules with trips and dinners and he failed to file reports required by the federal Lobbying Disclosure Act. Virtually all lobbyists provide information about the impact of proposed legislation or rules on their clients’ or employers’ interests. Spending on food and entertainment is incidental and must occur within existing rules and statutes.

Q: Will lobbyists be impacted by Governor Taft’s conviction related to golf outings or the investigation of a lobbyist who made dinner and a ticket to a Cincinnati Bengals game available to certain legislators?
A: In both of these cases the violation concerned failure to report giving or receiving gifts as required by existing Ohio law. When lobbyists, legislators or government officials break the law, they must pay the consequences. While current laws help ensure that the public policy process is protected from illegal or improper influences, what the law requires must be clear and unambiguous. Complying with reporting requirements in current law helps ensure the transparency necessary to maintain the public’s trust in the public policy process.

The Ohio Lobbying Association is a non-profit corporation that serves as a vehicle for the discussion of public policy and professional issues, the dissemination of information regarding lobbying activities in the State of Ohio, and the maintenance of a standard of excellence among Association members and the work they perform.

We appreciate input from the American League of Lobbyists in compiling the information in this briefing paper.