Lobby Registration Act Summary and Full Text of Rulings

About Rulings
Michigan Lobby Registration Act
Lobby Administrative Rules

DATE

TO WHOM

TYPE OF RULING

KEY WORDS

SECTION OF LAW

SYNOPSIS/SUMMARY

4/16/2019 Greimel IS Membership, Membership Organization 5(7)(d)

Individuals hired and compensated by their membership organization for the specific purpose of lobbying are not exempt from registration by virtue of the membership exemption.  Under the membership exemption, individual members of AFSCME Local 411 or AFSCME Council 25 who, of their own accord, decide to engage in lobbying on behalf of their labor union need not register as lobbyist agents as long as they do not independently qualify as lobbyists. Complete text of 04/16/2019...

1/16/2019 Doster IS Compensation, Nonministerial Action, 12(1), 15(2), 16(3) , 21(1)

If the Lobbyist is conducting a routine sales presentation to a public official that requires the public official to act without the exercise of personal judgment and does not require a change in law, such conduct would likely not be regulated under the Act.  If the conduct requires the public official to exercise his or her personal discretion in a manner that is not prescribed by law, then the lobbyist agent’s conduct would likely be regulated under the Act.  If the lobbyist agent’s compensation is contingent in any manner upon the outcome of the public official’s administrative or legislative action, it is prohibited. Complete text of 01/16/2019

9/8/2006

LaBrant, Robinson

DR

Gift, Public Official, Prohibition

4(1), 6(2), 11(2),

The Lobby Act prohibits registrants from sharing the cost of providing greens fees and cart rental for 18 holes of golf for a state legislator, as it would exceed the gift threshold....Complete text of 09/08/2006

2/20/1996

Miro

IS

Lobbyist, Lobbyist Agent, Reports, Financial Transactions

5(4), 5(5),   8(1), 8(1)(c)

A law firm registered as a lobbyist agent under the Act must account for every financial transaction between the law firm and a public official, a member of the immediate family of a public official, or a business associated with a public official or a member of the immediate family of a public official, including legal services provided to such persons. The exemption for the reporting requirement of certain financial transactions undertaken in the ordinary course of the lobbyist's business only applies to the lobbyist, not the lobbyist agent....Complete text or 02/20/1996

5/22/1995

Hillegonds, Hertel, Miller Posthumus

IS

Expenditure, Financial Transaction, Gift, Lobbying, Lobbyist, Reports, Travel & Lodging, Food & Beverage, Records, Prohibition, Compensation,  Honorarium, Statements,

3(2), 3(3),   4(1), 5(2),   5(4), 8(1),   8(1)(c), 8(2), 9(1), 11(2), 11(4),      R1(1)(d),   R1(1)(e),   R1(1)(i),  R58, R71, R73

A lobbyist or lobbyist agent may provide travel and lodging to a public official, including a legislator, if the public official provides consideration of equal or greater value. The consideration may be an appearance, speech, article, participation in a panel or seminar, or a similar activity that is connected to public business or the performance of official duties. The payment and receipt of an honorarium are not required....Complete text of 05/22/1995 

7/29/1992

Holcomb-Merrill

IS

Gift, Financial Transaction, Reporting,  Prohibition,  Honorarium

4(1), 3(3),   8(1)(c),11(2) R1(1), R71, R73

When a lobbyist or lobbyist agent provides a seat in a private suite at an arena or stadium, and in the absence of any specific information regarding the value of tickets assigned to suite holders, a ticket to a suite should be assigned the ticket price of the most expensive ticket available to the general public. The value of a ticket cannot be allocated between the lobbyists or clients a lobbyist agent represents, a registrant may not give anything valued in excess of the gift threshold to a public official. Allocation of an item's value is permissible when the same item is given to two or more individuals. The value of transportation on a chartered bus or limousine, provided to public officials by a registrant, is allocated to the number of public officials to whom the transportation is provided. If a registrant uses their own private vehicle, and is reimbursed for the trip, the actual amount of the reimbursement is allocated to the number of public officials for whom transportation is provided. If there is no reimbursement, it is reasonable to use the Internal Revenue Service standard mileage rate in determining the value of transportation allocated to each public official. Financial transactions which are permissible must be reported, gifts from lobbyists and lobbyist agents to public officials is prohibited.  This prohibition cannot be avoided by attempting to create a similar artificial distinction between the cost of a ticket and the transportation to the same event.  Expenditures must be combined to determine whether a particular exchange has met the threshold for  reporting a financial transaction....Complete text of 07/29/1992

9/24/1991

Holcomb-Merrill

IS

Financial Transaction, Gift, Immediate family, Prohibition, Honorarium,

3(3), 4(1),   8(1),11(2),    R1(1) (e), R71, R73,

If a public official is paid an honorarium to give a single speech or participate in a single panel, several days of accommodations would be unnecessary, and a lobbyist is prohibited from paying for those accommodations.  The lobbyist or lobbyist agent may not pay anything other than actual travel and accommodation costs which are both necessary and directly connected to the service provided by the public official.  Expenditures for food and beverage provided to the official must be reported as required by section 8(2) of the Act. If the total cost of travel, accommodations and the honorarium paid to the official meets the current financial transaction threshold the cost must be reported as a financial transaction pursuant to section 8(1)(c). The travel and accommodation costs paid by a lobbyist or lobbyist agent for a public official and the travel, accommodation and meal costs paid for members of the public official's immediate family must be combined when determining whether the threshold for reporting a financial transaction has been met. The payment may not be governed by the five part test employed in the Pirich and Knowlton letter....Complete text of 09/24/191 

7/16/1990

Brunelli

IS

Gift, Prohibition

4(1), 11(2)

There is nothing in section 4(1) or section 11(2) of the Lobby Registration Act which prohibits a state legislator from participating in a golf tournament. However, pursuant to these sections, a lobbyist or lobbyist agent or a person acting on behalf of a lobbyist or lobbyist agent is prohibited from giving a public official anything having a value which exceeds the current gift threshold including a tournament entry or greens fee....Complete text of 07/16/1990

3/8/1990

Cavanagh

IS

Gift, Transaction Account, Prohibition, Expenditures,  Food & beverage, Honorarium

4(1), 8(1)(c), 8(2),11(2), (R1(1)(d), R56(1), R73

If a lobbyist pays an honorarium to a public official to be an integral participant in a round table discussion, the lobbyist may pay the public official's actual travel, meal and lodging costs if they are directly connected to that event. However, an impermissible gift may result if the lobbyist pays for unconnected travel and lodging costs. Expenditures for food and beverage provided to the official must be reported as required by section 8(2) of the Act. If the total cost of travel, accommodations and the honorarium paid to the official meets the current financial transaction threshold the cost must be reported as a financial transaction...Complete text of 03/08/1990 

12/21/1989

Lowell

IS

Expenditure, Gift, Prohibition, Travel Expenses

3(2), 4(1),  11(2),       R1(1)(d)

A fact finding tour of more than one day's duration is not permissible under the Lobby Registration Act because is would not meet the third criterion of the Pirich and Knowlton letter (3-89-LI) which states in part that the tours must be planned so that arrival and departure schedules permit no free periods for personal or recreational activities. In addition, there is nothing in the Pirich and Knowlton letter that suggests that payments for recreation, entertainment or overnight accommodations made in connection with the fact finding tour are excluded from the gift prohibition....Complete text of 12/21/1989

11/9/1989

Pirich

IS

Expenditure, Gift, Lobbying, Prohibition, Travel expenses

3(2), 4(1),   5(2), 11(2), R1(1)(d)

The Lobbying Registration Act does not prohibit a lobbyist or lobbyist agent from furnishing transportation to a public official in connection with an informative tour if the following criteria are met. First, there must be actual operations at the tour site which demonstrate unusual advanced technologies. Second, when there are several sites where the advanced technologies can be observed, the tour sire must be the closest to Lansing. Third, the tours must be planned so that arrival and departure schedules permit no free periods for personal or recreational activities. Fourth, the tour sponsor, rather than the public official, must select the means and times of transportation costs would not have been incurred but for the activity of communicating directly with the public official....   Complete text of 11/09/1989

6/29/1989

Hoffman

IS

Gift, Registration, Reports,  Statements and reports

4(1), 7(1),   8(1), 11(2), R58 

A lobbyist or lobbyist agent or anyone acting on behalf of a lobbyist or lobbyist agent is prohibited from giving a gift to a public official. However, this does not apply to a symbolic citation or award unless its intrinsic or actual value exceeds the dollar limitation of section 4(1) of the Act. 7(1) The Pheasant Forever organization is not registered as a lobbyist or lobbyist agent. Therefore, the organization is not prohibited from giving a mounted pheasant to a public official regardless of its actual value. However, if the pheasant was given for the purpose of lobbying, the value of this item must be considered to determine whether Pheasant Forever is now subject to the Act's registration requirements. The Act requires a lobbyist or lobbyist agent to file financial reports disclosing his or her expenditures for food and beverage, advertising and mass mailing expenses directly related to lobbying, and all other expenditures for lobbying. An item given to a public official for the purpose of lobbying which is not a prohibited gift would be reported in the latter category by the lobbyist or lobbyist agent. However, the Act does not require the public official who received the item to file any report or declaration....Complete text of 06/29/1989

5/4/1989

 

Miller AG Executive Branch, Public Official, Compensation, State Board/Commission 5(9), 6(2), 11(4),R25 Michigan Law does not prohibit the appointment of a registered lobbyist to serve on a state commission.  However, depending upon the nature and circumstances of the lobbying activities and, in some cases, upon the identity of the particular commission involved, various statues may be applicable and may prohibit or at least restrict lobbying activities by members of state boards and commissions....   Complete text of 05/04/1989

3/31/1989

Brown

IS

Legislative action, Lobbying, Influencing, Lobbyist agent, Employer and Employee

5(1), 5(2),   5(3), 5(5), R23(2)

An employee of a state executive department is a "lobbyist agent" if the employee is compensated or reimbursed more than $375.00 in any 12 month period for lobbying. The definition of "lobbying," includes direct communications with a member of the legislature for the purpose of influencing legislative action. An employee may provide information or advance an opinion during a legislator's visit to an institution. Reportable lobbying occurs only if the employee directly communicates with the legislator for the purpose of influencing an action. If the communication is not for the purpose of influencing legislative action, neither the employee nor the Department of Corrections is required to file a disclosure report under the Act. However, if a communication is lobbying as defined in the Act, it is immaterial whether the communication is initiated by the public official or by the employee...Complete text of 03/31/1989

8/3/1987

Austin AG #6457 Lobbying, Lobbyist, Lobbyist Agent, 5(2), 5(4),   5(5), An employee of a private, nonprofit organization does not become a lobbyist or lobbyist agent by voluntarily appearing before a legislative committee, at the request of the committee, to answer questions for the committee.  Such an employee may be a lobbyist or lobbyist agent if the employee engaged in other activities which do constitute lobbying and make or receives compensation and/or reimbursement of expenses for those activities in excess of the thresholds....Complete text of 08/03/1987

9/8/1986

Ludwig

IS

Administrative Action, Lobbying, Influencing,  Expenditures

2(1), 5(2),   5(3),R1(1)(d)

A consulting firm is subject to the Act's registration and reporting requirements if it makes expenditures more than the threshold amount to communicate directly with an official in the executive or legislative branch for the purpose of influencing a legislative or administrative action. Submitting an unsolicited proposal to a public official with the intent to influence his or her action is a form of lobbying. It is immaterial whether the public official is persuaded to act by the wishes of the lobbyist or lobbyist agent. The costs of preparing material used for lobbying does not count toward the lobbying threshold if it was prepared prior to the decision to use the material for lobbying.... Complete tex of 09/08/1986

1/27/1986

Berman

IS

Lobbying, Communicating Directly

5(2),R1(1)(b)

An advertisement in a publication of general circulation is of such an indirect nature that it does not constitute lobbying pursuant to the Act....Complete text of 01/27/1986

10/15/1985

Parks

IS

Lobbying

5(2)

Employees in the state classified civil service (or their representatives) are not lobbying when communicating with public officials in the executive branch while engaged in (1) collective bargaining (2) labor/management meetings (3) unfair labor practice hearings or (4) grievance administration and arbitration hearings....Complete text of 10/15/1985

5/6/1985

Cavanagh

IS

Reports, Food & Beverage

8(1), 8(2), R56

Expenditures for food and beverage must be reported regardless of their purpose. When pooling resources for Receptions held for the purpose of lobbying; each lobbyist agent hosting is required to report their share of the cost of food and beverage provided, even if lobbying does not occur at the event....Complete text of 05/06/1985

4/26/1985

Conroy AG #6289 Lobbying, Lobbyist, Exemption 5(2), 5(4),   5(7) A member of the Commission on Services to the Aging is not exempt from registration and reporting as a lobbyist, provided that the member engages in lobbying as set forth in the Act....Complete text of 04/26/1985

4/16/1985

Smith

DR

Lobbying, Lobbyist agent,

5(2), 5(5), 11(2)

The only persons required to register as a lobbyist agent are those who lobby for compensation or reimbursement. The Act does not apply to those individuals who do not spend or receive money to engage in lobbying; but also does not prohibit registration by a person who engages in lobbying....Complete text of 04/16/1985

12/201984

Parrott AG #6266 Lobbying, Exemption, Legislative Branch, Public Official 5(2), 5(7),   5(10), 6(2) A legislator who serves as a member of the Board of Trustees of the Library of Michigan, is by virtue of such office, exempt from registration and reporting as a lobbyist under the Act....Complete text of 12/20/1984

11/21/1984

Groop

IS

Public Official

6(2)

An appointed member of a policy making state board or commission is a "public official" under the Act. Similarly, when the enabling statute provides for a designated representative or an alternate, these individuals also become public officials. Lobbyists or lobbyist agents communicating with such individuals in an effort to influence their votes on the board or commission must report expenditures made for such communications....Complete text of 11/21/1984

11/8/1984

Quinn

DR

Exemption, Public Officials

5(7),R1(1)(c)

The director of the Lansing Tri-County Employment and Training Consortium is not exempt from the Act.... Complete text of 11/08/1984 (Quinn)

11/8/1984

Safford

DR

Administrative action, Lobbying, Lobbyist Agent, Public Officials

2(1), 5(2),   5(5),R1(1)(c)

An attorney is subject to the registration requirements of the Act if he or she receives compensation to perform an activity which (1) would not necessarily have to be performed by an attorney licensed in Michigan and (2) falls under the definition of "lobbying." If the activity had to be performed by an attorney licensed in Michigan, the activity would not be subject to the registration requirements of the Act. Communicating with a public official for the purpose of influencing action on proposed rule amendments is not an activity which could only be performed by an attorney licensed in Michigan. Therefore, participation in such communication by an attorney is not within the practice of law for Lobby Act purposes. The fee received by the attorney does count toward the compensation or reimbursement threshold established....Complete text of 11/08/1984 (Safford)

11/2/1984

Jackson

IS

Administrative Action, Lobbying

2(1), 5(2)

Lobbying takes place during a vendor's communication with a public official concerning the purchase of goods, services, supplies, etc. if the public official can enter into agreement with the vendor through the exercise of personal discretion. If no policy decision is required, communications between the vendor and the public official are not lobbying and do not qualify a vendor as a lobbyist....Complete text of 11/02/1984

11/1/1984

Brodhead

IS

Administrative Action, Lobbying

2(1), 5(2)

Lobbying takes place during a vendor's communication with a public official concerning a sale, discussion of a future contract during the course of an existing contract or negotiations for specific terms if the public official can exercise discretion and enter into an agreement.  If the communications are lobbying then then the payment of a commission is unlawful....Complete text of 11/01/1984

10/23/1984

Niederhauser

IS

Lobbying, Lobbyist, Thresholds

5(2), 5(4), R21

If members of a committee communicate with public officials for the purpose of influencing legislative or administrative action at a meal sponsored by the committee, the members are engaged in lobbying. Therefore, the expenditures associated with the meal are reportable under the Act, regardless of whether the committee pays for the meal or an organization affiliated with the committee pays for the meal. If an organization affiliated with the committee makes the expenditures, that organization must also register as a lobbyist upon reaching the expenditure threshold.... Complete text of 10/23/1984

10/16/1984

Randall

IS

Exemption, Elected or Appointed Public Official

5(7), R1

A community college president is exempt from being a "lobbyist" or a "lobbyist agent," provided that the president only lobbies in the course or scope of the office for no additional compensation...Complete text of 10/16/1984

10/10/1984

Mallett

IS

Lobbying

5(2)

A state employee who is contacted by a legislator and asked to provide purely factual information with respect to pending legislation is not engaged in "lobbying"....Complete text of 10/10/1984

10/3/1984

Etherton

IS

Lobbying, Lobbyist, Exemption, Expenditures, Food & Beverage 

5(2), 5(4),   5(7), 8(1),

9(1)

An employee of a state executive department who appears before a legislative committee or hearing panel at the request of the committee or panel, and whose appearance is for the purpose of answering questions or providing requested information, is not engaged in "lobbying." A membership organization which is a registered lobbyist must report any expenditures its members make for food and beverages for public officials. This includes expenditures for food and beverage for public officials which the membership organization reimburses its members....Complete text of 10/03/1984

9/27/1984

Kimball

IS

Administrative Action, Lobbying

2(1), 5(2)

An employee of the City of Grand Rapids, pursuant to a memorandum of understanding between the city and the Job Development Authority (JDA) regarding the assisting of loan applicants, who appears before a JDA hearing with the applicant and is limited to providing technical information in response to questions from JDA members, is not engaged in "lobbying")....Complete text of 09/27/1984 (Kimball)

9/27/1984

Sederburg

IS

Lobbying, Influencing,  Representative of the Lobbyist, Reports, Food & Beverage

5(2), 5(3),   5(6), 8(1),   8(2)

Lobbying consists of direct, express, and intentional communications with a public official for the specific purpose of affecting legislative or administrative actions. An employee of a lobbyist who communicates with a public official at the instigation of the public official, and whose communication is not directed or controlled by the lobbyist, is not a representative of the lobbyist. An employer lobbyist is not required to report compensation or reimbursement paid to an employee for time spent lobbying on behalf of an independent association or organization unless the lobbying is under the direction or control of the employer lobbyist, except for reimbursement for expenditures for food and beverages....Complete text of 09/27/1984 (Sederburg)

9/20/1984

Metevier

IS

Lobbying, Official in the Executive Branch,  Travel Expense

5(2), 5(9), R1

An application for a permit will be "lobbying" If the granting or denial of the application depends upon the rendering of a policy decision by an official in the executive branch. If it is determined that an appearance before a public hearing on behalf of an application for a permit is lobbying, expenditures made in preparation for the hearing, excluding the cost of travel, lodging, and meals, are reportable expenditures....Complete text of 09/20/1984 - (b)  

9/20/1984

Metevier

DR

Gift, Lobbying, Public Official,

4(1), 5(2),   6(2), 11(2)

The loan of an automobile to a public official or the sale of an automobile to a public official at a discounted price by a lobbyist or a lobbyist agent is a "gift," even though the loan or discount is in the ordinary course of the lobbyist's or lobbyist agent's business. There is no "ordinary course of business" exception to the prohibition upon gifts to public officials other than for lobbyists or lobbyist agents who are in the business of lending money to credit worthy applicants. Therefore, the loan of an automobile to a public official or the sale of an automobile to a public official or the sale of an automobile to a public official at a discounted price by a lobbyist or a lobbyist agent is a prohibited gift even though the loan or discount is in the ordinary course of the lobbyist's or lobbyist agent's business....Complete text of 09/20/1984 (a)

9/19/1984

Hallan

IS

Gift

4(1)

With respect to a framed copy of an article presented to a public official, an acceptable test for determining the item's value in order to determine if it is a "gift," is whether the recipient could sell it for more than $25.00....Complete text of 09/19/1984 

9/12/1984

Estes

IS

Administrative Action, Lobbying, Lobbyist agent

2(1), 5(2),   5(5)

A grievance hearing before the Civil Service Commission is a quasi-judicial proceeding which is excluded from being an "administrative action." All direct communication by a classified civil servant with a public official in a state agency other than the one which employs the civil servant concerning the adoption, defeat, or repeal of a rule, or concerning what should or should not be included in the rule, is "lobbying." A classified civil servant who is compensated more than $250.00 for communicating with public officials in another state agency concerning the adoption, defeat, or repeal of a rule, or concerning what should or should not be included in a rule, is a "lobbyist agent"....Complete text of 09/12/1984 (b)

9/12/1984

Boyden

IS

Representative of the Lobbyist, Exemption, Reporting, Records

5(6), 5(7),   8(1), 9(1)

An individual who is compensated by that individual's employer for time spent lobbying on behalf of a lobbyist which is a membership organization of which the individual is a member does not thereby become a "lobbyist agent." Compensation paid by an employer to an individual who is an employee for time spent lobbying on behalf of a membership organization of which the employee is a member is not a reportable lobbying expenditure. A lobbyist which is a membership organization must maintain records of reimbursements for food and beverages for public officials paid by the lobbyist to its members....  Complete text of 09/12/1984 (a) 

9/7/1984

 

Darlow IS Lobbyist, Lobbyist Agent, Person, Registration 5(4), 5(5),   6(1), 7(1) A subsidiary is not precluded from being a "lobbyist" by reason of the fact that its parent corporation is a registered lobbyist. A subsidiary is not precluded from being a "lobbyist agent" by reason of the fact that its parent corporation is a registered lobbyist. A "Person" may include the subsidiary of a parent corporation which is a registered lobbyist.  must register as a lobbyist and file disclosure reports....Complete text of 09/07/1984

9/4/1984

McLellan

IS

Gift, Food & Beverage

4(1), 8(1), 11(2),R56(1)

Payment for recreational activities between business associates, when a public official is an employee of a lobbyist or a lobbyist agent, is not excluded from being a "gift." The "ordinary course of business" reporting exemption does not apply to lobbyist agents. Therefore, the payment of compensation having a value of $500.00 or more to a public official who is also an employee of a lobbyist agent is reportable under the Act....Complete text of 09/04/1984

8/29/1984

Bertler

IS

Lobbyist, Lobbyist Agent, Exemption

5(4), 5(5),   5(7)

Membership dues paid to a membership organization which is a lobbyist do not count towards the threshold amount for determining if the member is a "lobbyist." When a membership organization is registered as a lobbyist, its members are not subject to the Act's registration and reporting requirements....Complete text of 08/29/1984

8/27/1984

 

 

 

Darlow DR Administrative Action, Lobbying, Lobbyist Agent, Nonministerial Action  2(1), 5(2),   5(5), 6(3) Communications by a contractor with public officials in the course of carrying out the terms of its contract are not lobbying regulated by the Act....Complete text of 08/27/1984

8/3/1984

Merryman

DR

Administrative Action, Lobbying, Executive Branch, Nonministerial Action 

2(1), 5(2)

5(9), 6(3)

Discussions and proceedings before the Air Pollution Control Commission leading to a consent order are not "administrative actions", since the Air Pollution Act incorporates the "contested case" provisions of the Administrative Procedures Act and these are "quasi-judicial determinations." "Official in the executive branch" does not include classified civil servants....Complete text of 08/03/1984

7/20/1984

Ellsworth

IS

Financial Transactions

8(1)

The reporting exemption for transactions greater than $500.00 in the ordinary course of business applies only to lobbyists and does not apply to lobbyist agents....Complete text of 07/20/1984

7/13/1984

Ray-Taylor

IS

Lobbying, Influencing, Lobbyist Agent, Expenditures

5(2), 5(3),

5(5), 8(1)

An employer lobbyist does not engage in "lobbying" simply by paying employees for time spent lobbying on behalf of independent associations or organizations. Rather, reportable "lobbying" occurs only if the employer directs or controls the employee's lobbying activity....Complete text of 07/13/1984 (Ray-Taylor)

7/13/1984

Berning

IS

Administrative Action, Nonministerial Action

2(1), 6(3)  

Implications for United Way Campaign....Complete text of 07/13/1984 (Berning)

6/22/1984

Ball

IS

Churches and Religious Institutions

Title

Churches and religious institutions are exempt from the Act's registration and reporting requirements. Therefore, since the Methodist Children's Home Society is partially funded by the United Methodist Church and reports its activities to the church, and the church selects or controls the selection of the Society's Board of Directors, the Society would fall within the exemption....Complete text of 06/22/1984 - Ball

6/22/1984

Stewart

IS

Exemption, Recordkeeping

5(7), 9(1)

A county controller is exempt from being a lobbyist or a lobbyist agent. Compensation paid to an employee of a public official who is exempt from being a lobbyist or a lobbyist agent under section 5(7) is not subject to the record keeping requirements....Complete text of 06/22/1984 - Stewart

6/19/1984

Cribley

IS

Financial Transaction, Reporting,

3(3), 8(1)

When an incorporated hospital, which is registered as a lobbyist, does business with an architectural firm, one of whose partners is a public official, a transaction greater than $500.00 does not have to be reported. This is provided that the transaction is undertaken to further the hospital's ordinary course of business, even though the transaction is not directly in the hospital's ordinary course of business....Complete text of 06/19/1984

6/15/1984

Young AG #6231 Lobbying, Influencing, Exemption 5(2), 5(3),   5(7) A state executive department employee, who appears before a legislative committee or subcommittee at the request of the committee or subcommittee in order to furnish information or to answer questions asked by its members, is not influencing and lobbying the committee or subcommittee, as provided in the Act.  So registration as a lobbyist, the filing of reports and the keeping of records substantiating the reports is not required.... Complete text of 06/15/1984

6/11/1984

Vliek

IS

Exemption

5(7)

The exemption from being a lobbyist or a lobbyist agent for public officials applies only to the individual occupying the office and does not extend to other individuals. Therefore, while a school superintendent is exempt, the exemption does not extend to the assistant superintendent, even though the assistant superintendent assumes the duties of the superintendent in the superintendent's absence....   Complete text of 06/11/1984 - Vliek

6/11/1984

Downs

IS

Lobbyist Agent, Reports, Prohibition

5(7), 8(1), 11(2)

A person who is exempt from being a lobbyist or a lobbyist agent may lobby without becoming a lobbyist or a lobbyist agent. A mayor of a city is not a "public official." Lobbying expenditures made by an exempt person from that person's own funds need not be reported unless a lobbyist or a lobbyist agent reimburses the exempt person. A gift to a public official from a person who is excluded from being a lobbyist or a lobbyist agent is not prohibited....   Complete text of 06/11/1984 - Downs

6/7/1984

McGee

IS

Lobbying, Influencing, Employees

5(2), 5(3),

5(7)

Not every contact between an employee of a state executive agency and a public official is "lobbying." One of the functions of state agencies is to provide information with respect to the requirements and operations of government programs. It is only when an executive branch employee attempts to influence legislative or administrative action through direct communication with a public official that lobbying occurs....Complete text of 06/07/1984 - McGee

6/4/1984

Gerson

IS

Gift, Lobbying, Reports, Food & Beverage, Prohibition

4(1), 5(2),

8(1), 8(2), 11(2)

Gift includes the providing of lodging, tickets or expenses to a public official with respect to a community event, such as the Detroit Grand Prix, by a lobbyist or a lobbyist agent. The Detroit Grand Prix is not lobbying, because an event or function cannot, in and of itself, lobby. It does, however, create opportunities where lobbying can occur. A person or group is generally not required to report as lobbying expenditures any contributions made solely for the purpose of supporting the Detroit Grand Prix, unless a person is already a lobbyist or a lobbyist agent and the expenditures are for the purchase of food and beverages for a public official. A lobbyist or a lobbyist agent is prohibited from providing a public official with lodging, tickets or expenses in connection with a community event, such as the Detroit Grand Prix....   Complete text of 06/04/1984 - Gerson

5/8/1984

Stevens

IS

Lobbyists, Reports, Records, Expenditures

5(4), 8(1),

9(1), R21

There is nothing in the Act which authorizes the Department of State or any other agency to grant a waiver of the Act's registration and reporting requirements. An organization is not required to keep records or file reports relating to communications undertaken by its officials, directors or members for which no compensation or reimbursement is paid....   Complete text of 05/08/1984

4/30/1984

Amberger

DR

Lobbyists, Lobbyist Agent, Person  

5(7), 6(1)

Neither an organization whose members are all public officials nor a governmental entity to which a public official may belong is exempt from being a "lobbyist" or a "lobbyist agent," even though the public officials themselves may be exempt....Complete text of 04/30/1984

4/25/1984

Kelly

IS

Administrative Action, Expenditure, Lobbying, Influencing, Lobbyist Agent, Registration, Reports,   

2(1), 3(2),

5(2), 5(3),

5(5), 7(2),

8(1), R1(1)

The Act is not intended to regulate attorneys per se. Enforcement of the law is a ministerial act, not an "administrative action." Payment to an attorney for the preparation of a memorandum of law to be used in lobbying is an "expenditure." Representation by an attorney of a client's views before a panel which does not include any public officials is not "lobbying." "Influencing" can include the providing to a public official a memorandum of law prepared by an attorney. An attorney who receives payment for the preparation of a memorandum of law to be used by another person in lobbying does not thereby become a "lobbyist agent." Payments subject to the threshold are only those for lobbying, and do not include those for assisting lobbying....Complete text of 04/25/1984 - Kelly

4/25/1984

Thodis

IS

Registration, Lobbyist Agent, Compensation

5(5), 7(2), R22

A lobbyist agent who is compensated by more than one lobbyist need only file one registration form. Compensation received from more than one source must be combined in determining whether the threshold for a person becoming a lobbyist agent has been met....Complete text of 04/25/1984 - Thodis

4/24/1984

Pizzimenti

DR

Food & Beverage

8(1)

When a lobbyist permits its employees to work for an IRC '503(c)(3) charitable organization on company time and when the employees engage in lobbying on behalf of the charitable organization, payment by the lobbyist of the employee's wages, cost of support staff, copying, and postage are not reportable expenses. However, reimbursement of an employee for purchasing food and beverages for a public official is a reportable expenditure....Complete text of 04/24/1984

4/19/1984

Bolek

IS

Administrative Action, Lobbying, Lobbyist, Lobbyist Agent, Executive Branch,    Nonministerial Action, Expenditures, Compensation

2(1), 5(2),

5(4), 5(5),

5(7), 5(9),

6(3), R21, R22

Communications concerning the proper construction of a statute or decision which occur in the course of an administrative hearing or other quasi-judicial proceeding are exempt from the Act's reporting requirements. A written communication will only be "lobbying" if the purpose of the communication is to influence administrative or legislative action and the communication is addressed to a specific public official or to a group which includes a public official. Compensation to an employee for lobbying must be included when calculating the thresholds for determining if the employers is a "lobbyist," even though the employee is hired on a salary basis to perform duties other than lobbying. An employer who pays an employee to lobby on behalf of a lobbyist of which the employer is a member does not fall under the "member of a lobbyist" exemption....Complete text of 04/19/1984 - Bolek

4/19/1984

Lalumia

IS

Lobbying, Lobbyists, Lobbyist Agent, Registration 

5(2), 5(5),

5(7), 7(2)

Since a community mental health director is not responsible for a broad range of duties, but, pursuant to the Mental Health Code, acts within the constraints established by the local community mental health board, the director is not an appointed public official and does not qualify for the exemption from being a lobbyist agent....Complete text of 04/19/1984 - Lalumia

4/18/1984

Mallett & Henry

IS

Person

6(1)

Communications between classified civil servants and public officials....Complete text of 04/18/1984

4/6/1984

Mallett & Henry

IS

Lobbying, Executive Branch, Public Official, Reports

5(2), 5(9),

6(2), 8(1)

Communications between employees and public officials for whom they work are excluded from coverage by the Act. Providing food and beverages to a member of the Governor's Commission on Jobs and Economic Development is not "lobbying," because a member of the commission is not a public official....  Complete text of 04/06/1984

4/4/1984

Rourke

IS

Administrative Action, Lobbying, Reports, Communicating Directly

2(1), 5(2),

8(1), R1(1)

Whenever an adversarial administrative matter has been commenced and the controversy is slated for resolution through the administrative hearing process, the matter is then excluded from "administrative action." This exclusion extends to "opportunity to show compliance conferences." ("Mary Rogers" hearings). When a person attends a meeting of a public body for the purpose of influencing action with respect to a particular issue and that person is compensated for doing so, the compensation paid for the time during which the particular issue is under discussion is a reportable lobbying expenditure....  Complete text of 04/04/1984

3/16/1984

Kellogg

DR

Lobbyist, Lobbyist Agent, Reports, Expenditures

5(2), 5(4),

5(7), 8(1),

8(2), R1(1)

Communication with a public official for the purpose of gathering information is not "lobbying." A daily publication which collects, reviews, indexes, and summarizes all pending and proposed action of the legislature for the purpose of providing legislative information to its subscribers and clients, and which conducts research projects involving legislative matters on a contractual basis with knowledge of the ultimate use of the research, is a "publisher" and, therefore, not a "lobbyist." Employees of the publication are "working members of the press," and not "lobbyist agents." Purchase by a lobbyist or a lobbyist agent of a subscription to a daily publication which summarizes legislative activity would probably not be a reportable expenditure, unless the purchase met the "but for" test of Rule l. Food and beverage expenditures made by persons other than lobbyists or lobbyist agents are not reportable expenditures....  Complete text of 03/16/1984 - Kellogg

3/16/1984

Nida

DR

Financial Transaction

8(1)

Contributions given to a charitable foundation which are solicited by public officials who are members of the foundation's board of directors are not reportable financial transactions with those public officials, since the contributions are made to the foundation and not to the public officials personally....Complete text of 03/16/1984

3/8/1984

LaRose

IS

Lobbyist, Lobbyist Agent, Expenditures

5(7), R1(1)

Elected township officials are excluded from being lobbyist agents, provided that they are acting in the course of their offices and are not compensated other than as officials. Appointed township officials are excluded only if they serve in autonomous, policy making capacities. Expenditures made for writing letters to public officials for the purpose of influencing legislative or administrative action are lobbying expenditures....Complete text of 03/08/1984

3/1/1984

Hess

IS

Expenditure, Lobbyist

3(2), 5(4)

A community agency which provides facilities to another community agency which engages in lobbying, and such facilities are provided either free or at reduces cost, is not making an "expenditure" if the provision of the facilities is not made for the purpose of lobbying....Complete text of 03/01/1984 - Hess

3/1/1984

Engler

IS

Lobbying, Executive Branch, Person, Public Official

5(2), 5(9),

6(1), 6(2)

Communications with a person who is a member of a board or commission which has advisory functions only is not "lobbying," since this would constitute indirect lobbying. A member of a board or commission which has advisory functions only is not an "official in the executive branch." A member of a board or commission which has advisory functions only is not a "public official"....Complete text of 03/01/1984 - Engler

3/1/1984

Merryman

DR

Administrative Action, Legislative Action, Lobbying, Lobbyist, Lobbyist Agent, Executive Branch, Public Official, Financial Transaction, State/Board Commission

 

 

 

2(1), 5(1),

5(2), 5(4),

5(5), 5(9),

6(2), 8(1), R25(2)

When an employee of a lobbyist is also a public official, and the body of which the employee/public official is a member regulates in the field of the employee/ public official's expertise, communication by the employee/public official to his or her fellow employees does not constitute "administrative action" if the communication does not relate to issues pending before the body of which the employee/public official is a member, nor to the proposal, drafting, or development of a non-ministerial action or rule. A member of a state board or commission, who is reimbursed for lobbying, either by the board or commission or by an outside employer, may be a "lobbyist agent." If a state department provides a list of public officials to the Secretary of State, and a person working in that department does not appear on the list, it is presumed that the person is not an "official in the executive branch." A member of a state body which has only advisory authority is not a "public official." When an employee of a lobbyist is also a public official, and the body of which the employee/public official is a member regulates in the field of the employee/ public official's expertise, communication by the public official to his or her fellow employees does not constitute "legislative action" if it does not relate to issues pending before the body of which the employee/public official is a member, and does not support or oppose an issue pending before the legislature. Communications between members of a state board or commission are not normally subject to the Act....Complete text of 03/01/1984 - Merryman

3/1/1984

Holcomb

IS

Lobbyist, Lobbyist Agent, Expenditures,

5(7), R21

Appointed members of state level boards or commissions are not excluded from the definitions of "lobbyist" and "lobbyist agent." Thus, if Ferris State College compensates or reimburses members of the Board of Control, employees of the college (other than the president), or other lobbyist agents (such as a multi-client lobbying firm) in a combined amount of more than $1,000.00 for lobbying or more than $250.00 on lobbying a single official, the college must register as a lobbyist and file periodic reports detailing its lobbying expenditures as required by the Act....  Complete text of 03/01/1984 - Holcomb

2/23/1984

Mallett & Henry

IS

Legislative Action, Lobbyist, Lobbyist Agent, Reports, Expenditures

 

 

 

5(1), 5(4),

5(5), 8(1), R1(1), R24

A person who is paid to prepare materials for use in lobbying, but who does not communicate directly with public officials, is not a "lobbyist agent." Compensation paid to support staff for the preparation of materials used in lobbying are reportable expenditures. Compensation paid to support staff for the preparation of materials used in lobbying are expenditures related to the performance of lobbying or expenditures for lobbying....Complete text of 02/23/1984

2/22/1984

Hill

DR

Financial Transaction, Reports, Food & Beverage

3(3), 8(1), R56

A lobbyist who employs a public official need not report wages and expenses paid to the public official when the lobbyist's primary business is other than lobbying, when the wages and expenses are paid in the ordinary course of the lobbyist's business, and when consideration of equal or greater value is received by the lobbyist. This includes reimbursement for meal expenses when the employee is conducting company business. However, transactions between the lobbyist and the employee/public official which are not in the ordinary course of the lobbyist's business, as well as lobbying expenditures, must be reported....  Complete text of 02/22/1984

2/7/1984

Owen

IS

Gift, Reports, Expenditure, Prohibition, Compensation,  Employer and Employee, Honorarium

4(1), 8(1),

8(2), 11(2), 11(4), R1(1), R23(3), R73

The Act does not apply to honorarium paid to a public official by a person who is not a lobbyist or a lobbyist agent unless the honorarium is excessive and the excess is being paid to influence executive or legislative action. Research and technical material having a value is not a "gift." If a person gives an honorarium to a public official, and the honorarium exceeds the value received by the person giving the honorarium, and the excess is given in order to influence legislative or administrative action, then the excess is to be counted towards the person's thresholds. A lobbyist or a lobbyist agent must report any advance or reimbursement to a public official for food and beverages or the cost of food and beverages provided directly to a public official. A legislator who is a member of a lobbyist may not be reimbursed for expenses incurred for engaging in lobbying activities. However, if the legislator is furthering the goals of the organization which are not of a lobbying nature, the legislator may be reimbursed for expenses incurred. Actual travel, meal and necessary lodging expenses advanced or reimbursed to a public official by a lobbyist or a lobbyist agent are not honoraria. A member of the immediate family of a public official is a person to whom a lobbyist or a lobbyist agent is permitted to give a gift. In determining the value of a speech given by a public official, "all surrounding circumstances" means looking at what other speakers in similar circumstances would receive for the same speech....Complete text of 02/07/1984 - Owen

2/7/1984

Potter

DR

Lobbying, Expenditures for Food & Beverage, Preservation of Accounts

5(2), 8(2),

9(1)

An annual reception for legislators held by a lobbyist is not "lobbying" when the purpose of the reception is other than to influence legislative action, such as the creation of good will, and the event is scheduled regardless of whether there is any pending legislation which might affect the lobbyist or its members. A lobbyist must report all expenditures for food and beverages provided for public officials, regardless of whether the expenditures are for lobbying. This includes expenditures for an annual reception for legislators, even though the reception is not itself "lobbying." A lobbyist which holds an annual reception for legislators must maintain a record of the names of the public officials in attendance and the nature of the event, even though the reception is not held for "lobbying." In addition, if during the reception, any members of the lobbyist communicate directly with the public officials for the purpose of influencing administrative or legislative action, the lobbyist must maintain records of any expenditures made in connection with the communication....Complete text of 02/07/1984 - Potter

2/7/1984

Bigelow

IS

Lobbyist, Lobbyist Agent

5(4), 5(5)

Any professional, salaried employee of a state department is not eligible for overtime pay and is expected to perform his/her job outside normal business hours, if necessary. Therefore, if the employee is a lobbyist agent for a state department, all lobbying consistent with his/her position is compensated lobby time. If, however, the employee has not been designated by the department as a lobbyist agent, lobbying activities are not duties for which the employee is compensated and he/she may volunteer time to lobby for outside organizations....  Complete text of 02/07/1984

2/3/1984

Bianco

IS

Lobbying, Reports, Expenditures, Food & Beverage

5(2), 8(1),

8(2), R56

In order for an action to be "lobbying," it must entail "direct, express, and intentional" communications with a public official. Consequently, if an employee of a lobbyist lobbies on behalf of a charitable or community organization and is reimbursed by the lobbyist for doing so, the reimbursement does not constitute "lobbying" with respect to the lobbyist, except in the case where the lobbying efforts have a direct effect upon the lobbyist's economic interests. Likewise, the charitable or community organization is not liable for the expenditures made by the lobbyist, although its own expenditures would constitute "lobbying." There is no purpose test for reporting food and beverage expenditures. All such expenditures by a lobbyist or a lobbyist agent must be reported....Complete text of 02/03/1984 - Bianco

2/3/1984

Harsen

IS

Lobbying, Lobbyist, Lobbyist Agent, Public Official

5(2), 5(7), R1(1)

The publication of news, including editorial comment, and the distribution of the publication to a public official is not "lobbying" unless the sole purpose of the publication is lobbying. Therefore, even though a public official receives a publication because he or she is a subscriber, or a recipient of a complimentary copy, the publication costs are not lobbying expenses because there is no "lobbying"...Complete text of 02/03/1984 - Harsen

2/3/1984

Meyers

IS

Compensation, Expenditure, Lobbyist, Lobbyist agent, Exemption, Person,  Expenditures, Compensation  

2(4), 3(2),

5(4), 5(5),

5(7), 6(1), R21, R22

The exemption from being a lobbyist or a lobbyist agent for elected or appointed public officials applies only to officials who serve in autonomous, policy making capacities. Therefore, a city attorney or a city clerk who lobby at the direction of the city council or commission are not entitled to the exemption, but are "employees" of the city who are subject to the Act....  Complete text of 02/03/1984 - Meyers

1/31/1984

Mickelson

IS

Gift, Prohibition

4(1), 11(2)

The definition of a "gift" contemplates that the particular item has an intrinsic value in and of itself. The symbolic value of an award is immaterial. Consequently, if the open market value of an award is $25.00 or less, it is not a "gift," even if the actual cost of the award was greater than $25.00...Complete text of 01/31/1984

1/27/1984

Ehlers

IS

Expenditure, Gift, Reports, Report to Public Official, Prohibition,   Honoraria 

3(2), 4(1),

8(1), 8(5),  11(2), R1(1), R71, R73

Any elected public official may request information after each semi-annual reporting period stating which specific lobbyist or lobbyist agent reports you want checked.  Payment for an honorarium does not violate the Act if it does not exceed the value of the speech provided by the public official.  If an excessive honorarium is paid to a public official by a person who is not a lobbyist or a lobbyist agent, then the Act does not apply to the transaction unless the excess is a payment made to influence legislative or administrative action.  The Department cannot administratively impose limits upon the amount allowed for travel, meal and lodging expenses. These must be actual expenses, not payments or honoraria. However, with respect to travel expenses, if a mileage rate is used and the mileage rate is in excess of that which is reimbursed to legislators with state funds, then the figure must be supportable by the actual costs of operating the vehicle....Complete text of 01/27/1984

1/24/1984

Light

IS

Lobbying, Lobbyist, Lobbyist agent, Exemption, Registration

5(2),5(4),

5(5), 5(7),

7(1), 7(2), R1(1)

Members of the controlling boards of institutions having the authority to grant baccalaureate degrees, other than members of the boards of Michigan State University, University of Michigan and Wayne State University are not exempted from being a lobbyist agent and, therefore, must register as such if they are paid more than $250.00 per year for lobbying. A college or university president an elected or appointed public official who is excluded from the Act, provided the president lobbies in the course or scope of office for no additional compensation.  All other officers are considered employees who may become lobbyist agents upon meeting the requirements of the Act....  Complete text of 01/24/1984

1/13/1984

Elliott

IS

Lobbyist agent, Exemption

5(5), 5(7), R1(1)

School superintendents are appointed public officials, and are exempt from being a lobbyist agent. However, all other school administrators are employees of their respective school boards and are, therefore, not exempt....Complete text of 01/13/1984 (Elliott)

1/13/1984

Schmidt

IS

Public Official, Lobbyist Agent, Registration Requirements

5(2), 5(5),

5(7), 5(9),

6(2), 7(1),

7(2), R1(1)

A city manager whose position is prescribed by city charter and who serves at the pleasure of the appointing authority is an "appointed public official" and is exempt from being a "lobbyist agent." For the purposes of the Act, a city manager is not an "employee" of the city....Complete text of 01/13/1984 (Schmidt)

12/7/1983

Fredericks

IS

Legislative Action, Lobbying, Official in Legislative Branch  

5(1), 5(2),   5(10)

Legislative action may include activities in which employees of the legislature are involved. Persons who may be lobbied may include employees of the legislature. An employee of the legislature has a policy making position and is, therefore, an official in the legislative branch, if the employee's responsibilities include discretion or authority in matters involving legislative action....Complete text of 12/07/1983

9/4/1981

Morberg

IS

Public Officials

5(10)

An employee of the House Fiscal Agency that acts in a "nonpolicy-making capacity" means that a lobbyist or lobbyist agent is not required to report expenditures made in communicating directly with the staff member....Complete text of 09/04/1981

9/3/1981

Schindler

IS

Expenditure, Lobbyist, Lobbyist Agent, Exemption

3(2), 5(4),   5(5), 5(7)

The Act does encompass the lobbying activities of counties, county planning commissions and employees of counties and commissions. Those entities and individuals who exceed the thresholds must register as lobbyists and lobbyist agents and file semi-annual reports. Only elected or appointed members of a commission may lobby without becoming lobbyist agents for the county and without having their salaries included within the amount reported by the county as lobbying expenditures.... Complete text of 09/03/1981

8/27/1981

Anderson

DR

Lobbying, Influencing

5(2), 5(3)

Not every contact or communication between a public official and another is lobbying. Corporation representatives on boards with public officials and the corporation employing those representatives may be subject to the Act if the communications between board members and the public official board members are made for the purpose of influencing legislative or administrative action....Complete text of 08/27/1981

4/1/1981

Becker

IS

Effective Date of the Act

20,

Sections 7 through 13 take effect on June 17, 1981; a person who is a lobbyist must file a registration form within 15 days and a person who is a lobbyist agent must file a registration form within 3 days to avoid the late registration fee.  The first report is due on August 31, 1981 and covers the period of June 17, 1981 to July 31, 1981, inclusive....Complete text of 04/01/1980

8/1/1980

Carter

IS

Gifts, Food & Beverage, Complaints

4(1), 8(2), 14(2)   

If the lobbyist agent gives a single book valued at less than $25.00 and gives nothing else within the next 30 day period, the agent will not fall within the proscription of the Act. Food & beverage provided to public officials at a get acquainted party is not a gift, however there may be reporting implications stemming from such activities....Complete text of 08/01/1980

7/7/1978

Dutko AG #5328 Influencing, Lobbyist, Employer and Employee 5(3), 5(4), R23 The Independent Caucus of Macomb County is not employed by any person, firm, association or corporation, public or private, to promote, advocate or oppose any matter pending before either house of the legislature so as to constitute a lobbyist under the Act.  Complete text of 07/07/1978