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DISTRICT OF COLUMBIA
BOARD OF ELECTIONS AND ETHICS
NOTICE OF PROPOSED RULEMAKING
The District of Columbia Board of Elections and Ethics pursuant to the authority set forth in D.C. Official Code § 1-1103.01 (b-1) (1) (2001 Edition), hereby gives notice of its intent to adopt the following amendments to Chapter 31, “Lobbying”, of Title 3 of the District of Columbia Municipal Regulations in not less than thirty (30) days from the date of the publication of this Notice in the D.C. Register.
The proposed amendments represent updates to the rules of the Board’s Office of Campaign Finance (OCF). Specifically, the majority of the amendments augment and clarify the lobbying procedures to provide the general public and OCF filers with a better understanding of the registration and reporting requirements for lobbyists; authorize an electronic certification process for the verification of electronically filed documents, pursuant to the “Campaign Finance Electronic Signature Amendment Act of 2009”, effective October 15, 2009 (D.C. Act 18-207); and correct technical and typographical errors.
Section 3100 of Chapter 31 of 3 DCMR, “Registration Requirements”, shall be amended to read as follows;
“3100 REGISTRATION REQUIREMENTS
3100.1 A person shall register as a lobbyist with the Director of the Office of Campaign Finance (the Director) (OCF) by filing the Lobbyist Registration Form if that person, under the following circumstances:
(a) Receives compensation of two hundred fifty dollars ($250) or more in any three (3) consecutive calendar month period for lobbying;
(b) Receives compensation from more than one (1) source which totals two hundred fifty dollars ($250) or more in any three (3) consecutive month period for lobbying; and
(c) Expends funds of two hundred fifty dollars ($250) or more in any three (3) consecutive calendar month period for lobbying.
3100.2 Each law firm, association or business entity employed to lobby on behalf of any person, shall register as a lobbyist; provided, that the partner, member or employee assigned to performs lobbying duties on behalf of the registered entity, shall be listed as a lobbyist on the Lobbyist Registration Form, under § 3100.6.
3100.3 Each individual, association or business entity which directly employs a person in-house or retains a law firm, association, or business entity to lobby on its behalf shall register in the name of the respective entity; provided, that the person in-house, law firm, association, or business entity retained to lobby for the registrant shall be listed as a lobbyist working for the registrant on the Lobbyist Registration Form, under § 3100.6.
3100.4 Each law firm, association or business entity employed to lobby on behalf of any person shall file a separate Lobbyist Registration Form for each person from whom compensation is received; for example, registration forms shall not be consolidated if the law firm, association or business entity is compensated from more than one (1) source.
3100.5 Each person who pays another person to lobby on their behalf is the compensating registrant, and shall register as a lobbyist and file a separate Lobbyist Registration Form, independent of any registration filed under § 3100.6.
3100.6 The Lobbyist Registration Form shall include the following information:
(a) Registrant’s name, permanent address and temporary address, if any, while lobbying;
(b) Name and address of each person designated to lobby on behalf of the registrant;
(c) Name, address, and nature of the business of any person who compensates the registrant and the terms of the compensation;
(d) Identification, by formal designation if known, of matters on which the registrant expects to lobby; and
(e) Registrant’s verification under oath of the required information; provided, that if the registrant is not an individual, an authorized officer or agent of the registrant (other than the lobbyist retained by contract to provide lobbying services) shall sign the form.”
Section 3102 of Chapter 31 of 3 DCMR, “Activity Reports”, shall be amended to read as follows:
“3102 ACTIVITY REPORTS
3102.1 Each registrant, under § 3100, shall file an activity report, on a form prescribed by the Director; provided, that a separate activity report shall be filed by each law firm, association or business entity employed to lobby under § 3100, for each person from whom compensation is received during the reporting period.
3102.2 Each activity report shall include the following:
(a) A complete and current statement of information as shown on the registration form;
(b) A listing of the name of each official in the executive or legislative branch with whom the registrant has communicated in writing or orally during the reporting period relating to lobbying activities, and the date of the communication;
(c) A pro-rated listing and break down of total lobbying compensation receipts paid to each lobbyist for lobbying, including each in-house employee-lobbyist, based on time spent on influencing any legislative action, administrative decision, or each piece of local legislation on Schedule A;
(d) A listing and break down of all compensation received and used in payment for lobbying activities, including office, personal, advertising, publication, and travel expenses, compensation to others, and other expenses on Schedule A-1:
(e) Each loan received by the lobbyist, in-house employee lobbyist, person, and organization related to any lobbying activity on Schedule A-2;
(f) Each expenditure paid by the compensating registrant for lobbying activities to a lobbyist, an in-house employee-lobbyist, person or organization contracted to provide lobbying activities, on Schedule B;
(g) Each campaign or political contribution, gift, honoraria, or loan of fifty dollars ($50) made by the registrant or anyone acting on behalf of the registrant to benefit an official in the legislative or executive branch, a member of the official’s staff or household, or a campaign or testimonial committee established for the benefit of the official on Schedule B-1; and
(h) The name and employment of each official in the executive or legislative branch, and member of the official’s personal staff, who was compensated in any manner by the registrant, on Schedule C.
3102.3 Each registrant shall maintain the following:
(a) A personal detailed account of time spent, expenses incurred, and compensation paid or received for lobbying; and
(b) All records in accordance with Chapter 34 of this Title.
3102.4 A registrant shall exclude from activity reports any transactions related to the registrant’s exempt status, if any, under § 3101.”
Section 3103 of Chapter 31 of 3 DCMR, “Filing Deadlines”, shall be amended to read as follows:
“3103 FILING DEADLINES
3103.1 Each registrant shall file a Lobbyist Registration Form at the following times:
(a) No later than fifteen (15) days after becoming a lobbyist; and
(b) On or before January 15th of each year.
3103.2 Each registrant shall file Lobbyist Activity Reports of the previous six (6) month period each year on the following dates:
(a) January 10th, for the period covering July 1st through December 31st; and
(b) July 10th, for the period covering January 1st through June 30th.
3103.3 The Lobbyist Activity Report may be filed in an electronic format at the OCF Website; provided, that the registrant verifies the electronically filed Report by submitting a digitized copy of the signed certification as a separate file in the electronic submission.”
Section 3104 of Chapter 31 of 3 DCMR, “Limitations on Lobbying”, shall be amended to read as follows:
“3104 LIMITATIONS ON LOBBYING
3104.1 A registrant, or anyone acting on behalf of a registrant, shall be prohibited from offering, giving, or causing to be given a gift, directly or indirectly related to lobbying, to an official in the legislative or executive branch or member of the official’s staff, that exceeds one hundred dollars ($100) in value in the aggregate in any calendar year.
3104.2 An official in the legislative or executive branch or any member of the official’s staff shall be prohibited from soliciting or accepting anything, directly or indirectly relating to lobbying, that exceeds one hundred dollars ($100) in value in the aggregate in any calendar year.
3104.3 The term, "gift," as used in § 3104, shall exclude any contributions made pursuant to Chapter 30 of this Title.
3104.4 A person shall be prohibited from intentionally engaging in the following:
(a) Making any false or misleading statement or misrepresentation of the facts relative to any pending administrative decisions or legislative actions to any official in the legislative or executive branch;
(b) Causing a copy of a document, knowing the document to contain a false statement, under § 3104.4(a), to be transmitted to an official in the legislative or executive branch without notifying the official in writing of the truth; and
(c) Selling or utilizing any information copied from registration forms and activity reports, under §§ 3100 and 3102, or from lists compiled from registration forms and activity reports, for soliciting campaign contributions or selling tickets to a fundraising affair or for any commercial purpose.
3104.5 Except as provided in § 3101.1, a public official shall be precluded from employment as a lobbyist while acting as a public official.
3104.6 Penalties for any violation of this chapter shall be imposed pursuant to Chapter 37 of this Title.”
All persons desiring to comment on the subject matter of this proposed rulemaking should file comments in writing not later than thirty (30) days after the date of publication of this notice in the D.C. Register. Comments should be filed with the Office of the General Counsel, Board of Elections and Ethics, 441 4th Street, N.W., Suite 270N, Washington, D.C. 20001. Copies of the proposed rules may be obtained at cost from the above address, Monday through Friday, between the hours of 9:00 a.m. and 4:00 p.m.
