Rules and Regulations Relating to the Rhode Island Lobbying Reform Act

Regulation Authority:

§ 42-139.1-1 et seq

Purpose and Reason:

REASON FOR RULEMAKING: This regulation implements the Rhode Island Lobbying Reform Act (R.I. Gen. Laws § 42-139.1-1 et seq.). The Lobbying Reform Act simplifies and clarifies the rules governing lobbying, maximizes transparency without imposing unnecessary burdens on the process, provides a user-friendly registration and reporting system, and strengthens the investigation and enforcement scheme. TESTIMONY AND COMMENTS: The following changes submitted during the public comment period have not been included in the final rule: 1. Requesting the removal of the language “and other information required by the Secretary.” a. Justification for not accepting Argument: The Department believes it is reasonable to balance concerns about the breadth of the proposed language against the material time and expense required to amend the Regulations through the formal rule-making process. The Department also believes it is difficult or impossible to anticipate what information may reasonably be required in any given instance. Consequently, the Department has modified the relevant text to include the word “reasonable”. 2. Mandating the inclusion of a copy of any response received during an investigation when filing a petition with the Rhode Island Superior Court. a. Justification for not accepting argument: As in all civil matters, the respondent is the best and most appropriately placed person to determine whether and what materials they feel should be added to the record, including without limitation, responses that may have been previously provided to the Secretary. 3. Concerns relating to the confidentiality of findings made pursuant to Section 15(F). a. Justification for not accepting Argument: These regulations have been written to ensure the highest level transparency is met while also adhering to the provisions of Section 42-139.1-10(h) of the Rhode Island General Laws. CHANGE TO TEXT OF THE RULE: The following non-substantive changes submitted during the public comment period have been included in the final rule: 1. Added “Annual” to the titles of sections: a. 1.5 Annual Registration of Persons engaging Lobbyists or Lobbying Firms b. 1.6 Annual Registration of Lobbying Firms c. 1.7 Annual Registration of Lobbyists The purpose of this addition is to ensure that each registration of a relationship is valid for one year, this change supports the programming of the Lobbying Information Center. 2. Added “reasonable” to the following sections: a. 1.5(5) “Any other reasonable information required by the Secretary.” b. 1.6(4) “Any other reasonable information required by the Secretary.” c. 1.7(5) “Any other reasonable information required by the Secretary.” The purpose of this change is to ensure that the Secretary requires information reasonably necessary for Lobbying registration purposes. 3. Added the following language to section 1.15, “(G) In assessing a penalty pursuant to subsection (A), the Secretary shall include a written explanation of the factors considered and used in determining the specific amount of the penalty or length of registration revocation imposed on the violator.” This addition further requires the Secretary to document the rationale and factors in determining any imposed penalties, excluding fines for “Minor Infractions.” REGULATORY ANALYSIS: Upon adoption of these regulations, there will be no overlapping or similar active regulations. The regulations for the prior Legislative Lobbying Law and the regulation for the old Executive Branch Lobbying law will have been repealed. This regulation is not expected to have any negative impact on small business.