Lobbying limitations
A private citizen may do an unlimited amount of lobbying, regardless of where they work, if they are doing so for themselves. Nonprofit and government employees are both allowed to lobby for their organizations, but have some limitations. Knowing these limitations will help you and your supporters lobby with confidence. There is a lot you can legally do to support Arts & Heritage and museums in Washington State. If you feel unsure, contact the Public Disclosure Commission for examples and clarifications.
Lobbying limitations may be enacted by any level of government, but are most commonly regulated by federal and state governments. For the IRS, “no organization may qualify for section 501(c)(3) status if a substantial part of its activities is attempting to influence legislation”. The IRS does allow for limited lobbying and provides information for determining how much is “too much”. There are two primary methods for measuring an organization’s lobbying activities; the “substantial part test” and the “expenditure test”. Click on the links below to access these tests.
Lobbying limitations may be enacted by any level of government, but are most commonly regulated by federal and state governments. For the IRS, “no organization may qualify for section 501(c)(3) status if a substantial part of its activities is attempting to influence legislation”. The IRS does allow for limited lobbying and provides information for determining how much is “too much”. There are two primary methods for measuring an organization’s lobbying activities; the “substantial part test” and the “expenditure test”. Click on the links below to access these tests.
For Washington State, the Public Disclosure Commission presides over agency and legislator reporting as well as maintaining a list of professional lobbyists registered to legally practice at the Capitol[1].
For nonprofit organizations, an individual must register as a lobbyist if they participate in lobbying activities more than four days (or parts of four days) within a three-month period or if he or she spends more than $25 on lobbying a legislator or government employee within three months[2]. A person does not have to register as a lobbyist even if their lobbying activities exceed these amounts if their activities are limited to testifying in public committee hearings (including those of state agencies), if their participation was requested by legislators or state agencies, they are acting as news media, or if they lobby as a private individual without receiving any type of compensation or consideration and spend no money on behalf of a legislator or government employee in a lobbying activity[3]. Personal and other indirect costs associated with lobbying are not required to be reported, such as costs of general business operations and personal travel for lobbying[4].
Government employees are also allowed to engage in lobbying activities if those activities are conducted in official performance of their duties. They may do so to educate legislators regarding appropriations or requests for legislative action as long as the requests are made through appropriate channels and in “the efficient conduct of the public business or actually made in the proper performance of their official duties”[5]. Any requests for information from a legislator do not count as lobbying, neither do regular agency reports and appropriations requests. Beyond that, government employees acting according to their official duties may engage in general lobbying activities four days (or parts of four days) within a three-month period and may spend up to $15 dollars on direct lobbying expenses (such as meals for legislators or their staff)[6]. It is recommended that government employees check with the Public Disclosure Commission to ensure proper compliance and reporting requirements prior to engaging in lobbying activities.
Grassroots lobbying also has limitations specified under state law, but for the organizers and not the public who is asked to participate. Under the Revised Code of Washington, organizers of grassroots efforts must register with the Public Disclosure commission if they exceed spending “one thousand dollars in the aggregate within any three-month period or exceeding five hundred dollars in the aggregate within any one-month period in presenting a program to the public, a substantial portion of which is intended, designed, or calculated primarily to influence legislation”[7]. Activities that must be included in the aggregate spending include “Advertising, segregated by media, and in the case of large expenditures (as provided by rule of the commission), by outlet; contributions; entertainment, including food and refreshments; office expenses including rent and the salaries and wages paid for staff and secretarial assistance, or the proportionate amount paid or incurred for lobbying campaign activities; consultants; and printing and mailing expenses”[8]. Any sponsors, firms hired to help manage or assist the campaign, or in any way organizing or receiving payment for the campaign must be identified on the registration for the grassroots campaign for transparency. Additionally, the RCW provides that sponsors of grassroots campaigns who exceed the aggregate spending amounts must also report the termination of their campaign.
[1] (Public Disclosure Commission n.d.)
[2] ( RCW 42.17A.610 Exemption from registration. 2012)
[3] ( RCW 42.17A.610 Exemption from registration. 2012)
[4] (RCW 42.17A.615 Reporting by lobbyists — Rules. 2012)
[5] ( RCW 42.17A.635 Legislative activities of state agencies, other units of government, elective officials, employees. n.d.)
[6] ( RCW 42.17A.635 Legislative activities of state agencies, other units of government, elective officials, employees. n.d.)
[7] (RCW 42.17A.640 Grass roots lobbying campaigns. 2012)
[8] (RCW 42.17A.640 Grass roots lobbying campaigns. 2012)
For nonprofit organizations, an individual must register as a lobbyist if they participate in lobbying activities more than four days (or parts of four days) within a three-month period or if he or she spends more than $25 on lobbying a legislator or government employee within three months[2]. A person does not have to register as a lobbyist even if their lobbying activities exceed these amounts if their activities are limited to testifying in public committee hearings (including those of state agencies), if their participation was requested by legislators or state agencies, they are acting as news media, or if they lobby as a private individual without receiving any type of compensation or consideration and spend no money on behalf of a legislator or government employee in a lobbying activity[3]. Personal and other indirect costs associated with lobbying are not required to be reported, such as costs of general business operations and personal travel for lobbying[4].
Government employees are also allowed to engage in lobbying activities if those activities are conducted in official performance of their duties. They may do so to educate legislators regarding appropriations or requests for legislative action as long as the requests are made through appropriate channels and in “the efficient conduct of the public business or actually made in the proper performance of their official duties”[5]. Any requests for information from a legislator do not count as lobbying, neither do regular agency reports and appropriations requests. Beyond that, government employees acting according to their official duties may engage in general lobbying activities four days (or parts of four days) within a three-month period and may spend up to $15 dollars on direct lobbying expenses (such as meals for legislators or their staff)[6]. It is recommended that government employees check with the Public Disclosure Commission to ensure proper compliance and reporting requirements prior to engaging in lobbying activities.
Grassroots lobbying also has limitations specified under state law, but for the organizers and not the public who is asked to participate. Under the Revised Code of Washington, organizers of grassroots efforts must register with the Public Disclosure commission if they exceed spending “one thousand dollars in the aggregate within any three-month period or exceeding five hundred dollars in the aggregate within any one-month period in presenting a program to the public, a substantial portion of which is intended, designed, or calculated primarily to influence legislation”[7]. Activities that must be included in the aggregate spending include “Advertising, segregated by media, and in the case of large expenditures (as provided by rule of the commission), by outlet; contributions; entertainment, including food and refreshments; office expenses including rent and the salaries and wages paid for staff and secretarial assistance, or the proportionate amount paid or incurred for lobbying campaign activities; consultants; and printing and mailing expenses”[8]. Any sponsors, firms hired to help manage or assist the campaign, or in any way organizing or receiving payment for the campaign must be identified on the registration for the grassroots campaign for transparency. Additionally, the RCW provides that sponsors of grassroots campaigns who exceed the aggregate spending amounts must also report the termination of their campaign.
[1] (Public Disclosure Commission n.d.)
[2] ( RCW 42.17A.610 Exemption from registration. 2012)
[3] ( RCW 42.17A.610 Exemption from registration. 2012)
[4] (RCW 42.17A.615 Reporting by lobbyists — Rules. 2012)
[5] ( RCW 42.17A.635 Legislative activities of state agencies, other units of government, elective officials, employees. n.d.)
[6] ( RCW 42.17A.635 Legislative activities of state agencies, other units of government, elective officials, employees. n.d.)
[7] (RCW 42.17A.640 Grass roots lobbying campaigns. 2012)
[8] (RCW 42.17A.640 Grass roots lobbying campaigns. 2012)