Joint Legislative Ethics Committee

Office of the Ohio Legislative Inspector General

Uncategorized

What is Executive Agency Lobbying Activity?

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Executive agency lobbying activity is defined as promoting, opposing or otherwise influencing the outcome of an executive agency decision regarding:

  1. The expenditure of state funds or an award of any contract, grant, lease or other financial arrangement under which state funds are distributed or allocated.  
    • Please note, the award of a competitively bid contract where at least three eligible were bids received by the agency is not considered an executive agency decision for lobbying reporting purposes.  
  2. A regulatory decision of an executive agency, or any board or commission of the State.
    • A regulatory decision is one that has broad and universal application to all persons subject to the jurisdiction of the agency, board or commission; including an administrative rule, bulletin, directive or policy statement.
    • A regulatory decision is NOT an executive agency decision when it is made solely with respect to named persons.

EXAMPLES:

  • Leo Lobbyist contacts the Governor’s Office on behalf of a trade association client to advocate that a particular class of businesses be classified as essential and remain open.
  • This is reportable lobbying activity as it involves a regulatory decision that will universally apply to this class/type of businesses.
  • Leo Lobbyist contacts the Governor’s Office on behalf of a local business to advocate that the particular class of businesses to which it belongs be classified as essential and remain open. You are not registered to lobby on behalf of the business.
    • This is lobbying activity as it involves a regulatory decision that will universally apply to this class/type of businesses. However, if you do not meet the registration thresholds, you need not register on behalf of the business, nor report the activity. Please see page 29 of the Ohio Lobbying Handbook for registration threshold information.
  • Lois Lobbyist reaches out to the Governor’s Office to coordinate the donation and distribution of supplies from one of her clients to various facilities across the state.
    • This is not reportable lobbying activity. This does not involve either the expenditure of state funds or a regulatory decision with universal application.
  • Lois Lobbyist reaches out to a state agency to lobby for the award of a contract to her client for supplies.  This contract does not qualify as competitively bid as outlined above. 
    • This is reportable lobbying activity.
  • Leo Lobbyist contacts the State Health Department regarding an upcoming proceeding involving a complaint filed against his small business client. 
    • This is not reportable lobbying activity. The complaint proceeding involves only named persons and does not have universal applicability.

For more information regarding what qualifies as reportable executive agency lobbying activity, please see the Ohio Lobbying Handbook at p. 56, R.C. 121.60(G), Adm. Code 101-11-01(C) or contact JLEC at 614-728-5100.