What's Happening in State Government?

Just to give you a headsup on an issue that on the surface looks like it only affects you and the General Assembly. I believe this also affects you at the local level, i.e. School Board, County Commission, and Municipal.

I've attached a commentary from the Political Vine web site, and it has commentary from a leading law firm. Please pay attention.

"Two days ago, the Georgia Government Transparency and Campaign Finance Commission (formerly known for 25 years prior to 2011 as simply "Georgia State Ethics Commission") issued an advisory opinion that greatly expanded the definitions of "lobbying" and being a "lobbyist" in this state.

And, despite the hue and cry from ethics lawyers, legislators and other parties about how the 2010 overhaul of the Ethics in Government Act was never intended to go this far, by a vote of 4 in favor to 1 against, the Commission voted to expand the lobbying law as follows...and PV excerpts the subject brief issued by Stefan Passantino of McKenna Long on these new interpretations:

"...anyone appearing before a public official to advocate a position on legislation - even if done on a single visit or if done in the context of invited legislative testimony - will be considered to be a “lobbyist” by the State of Georgia regulatory body. This will mean that any business owner or employee acting on behalf of a client will be required to register as a lobbyist before advocating a position on legislation to Georgia public officials such as members of the General Assembly.

"The ramifications of this interpretation of existing law are dramatic and must be heeded immediately. Under Georgia’s newly imposed registration scheme, registration fees for lobbyists have been increased to $300 annually plus $10 for every additional client added plus $20 for each lobbyist badge issued.

More importantly, the penalties imposed for failure to register and file mandated disclosures have increased significantly under the new law with potential penalties of up to $10,000 for each report the “lobbyist” fails to file. With lobby registrations now being due twice per month while the General Assembly is in session, failure to understand and comply with the Georgia Government Transparency and Campaign Finance Commission’s interpretation of existing law can result in crippling penalties and compliance costs.

Thus, commencing immediately, clients with employees who communicate with Georgia legislators need to examine their agents’ conduct and political law compliance protocols. The scope of the State’s interpretation expressly includes, but is not limited to:

* Any formal or casual meetings with members of the General Assembly at the Capitol or other locations in which legislation is discussed;
* Testimony before a House or Senate committee, even if invited, unless that testimony is 'unbiased' and is offered solely 'for the purpose of educating the members of any agency or governmental entity in the consideration of an issue;'
* Participation in 'Capitol Day' events, unless done as an uncompensated member of a trade association and not as an employee of a business; and
* Letters, emails or other correspondence to members of the General Assembly related to legislation."

What I think this means is if you come to see me about something the City is planning to do, and you do anything except try to educate me, i.e. if you say vote against that item or if you send me an email or telephone me advocating for an item--you are considered a lobbyist and must register as such, paying the fees and making the reports required. The fines assessed if you don't are high. As I read the advisory, it doesn't apply to elected officials.

Just a thought--did anyone read the U. S. and Georgia Constitutions. Apparently, some feathers have been rustled, and free speech is out the window.