Advisory Opinion No. 1995-6
Reportability Of Activities Exempt From Lobbyist
Registration Pursuant to
Regulations Of
Connecticut State Agencies
Sec. 1-92-42(a)
Excluded from the statutory definition of lobbying are
communications with an agency by a party to a contested case pending before the
agency, or by his representative, and communications by salespersons and
manufacturers representatives who do not otherwise engage in lobbying. See Conn. Gen. Stat. §1-91(k). Communications regarding contested cases,
made to persons outside the agency hearing the matter, are not excluded from
the definition of lobbying. See
Regulations of Connecticut State Agencies, §1-92-42a(b). The State Ethics Commission Regulations expand upon the contested
case exception and establish additional categories of activities which,
although intended to influence an administrative action, do not require
registration as an administrative lobbyist.
Among such additionally excepted activities are communications with
executive and quasi-public agencies incident to the representative of a client
in a criminal or juvenile matter, or a matter otherwise before a court (See
Regulations of Connecticut State Agencies, §1-92-42a(a)). Such exceptions apply to communications by
any person, not just legal counsel, regardless of whether the representative
is, or should be, a registered lobbyist.
(See Regulations, §1-92-42a(d)). In addition to the foregoing exceptions, certain other
activities are excluded when determining whether a person is required to
register as a client or communicator administrative lobbyist. Such activities include: (1) the preparation of responses to Requests
for Proposals, permit applications, or other submissions required by, or filed
pursuant to, statute, regulations, or agency rule, (2) communications made
incident to the performance of a contract or implementation of a permit, or
other ordinary and customary communications made to the agency, or a related
entity, and (3) requests for information, such as inquiries regarding the
application of an agencys laws to a particular situation, or an agencys
request for product or client information.
See Regulations of Connecticut State Agencies, §1-92-42a(e). The petitioner has asked whether the activities described
immediately above, which are not specifically exempted from the definition of
lobbying, are reportable if carried out by a registered lobbyist. Given the nature of such activities and the
General Assemblys intention to limit the expanded definition of administrative
lobbying, the State Ethics Commission concludes that such activities, even when
carried out by a registered lobbyist, are not reportable to the State Ethics
Commission. By order of the Commission, Rev. William Sangiovanni
Chairman