My relationship with the employer covers not only lobbying, but also legal work, consulting and a variety of other functions. The employer should allocate only the portion of the agent's salary or retainer which was devoted to the lobbying effort. Lawyers have no special status. If they advocate on behalf of their clients, for compensation, on legislation or executive matters concerning rules, regulations, rates and standards, as well as certain policy and procurement issues, they must register as agents, unless an exemption or presumption applies. I am representing my client on a pro-bono basis at a forthcoming regulatory hearing before an executive agency.
Compensation is the threshold which triggers registration.
If there is no compensation involved, there is not a requirement for an individual to register on behalf of his or her client. I am a private vendor who sells products to the Commonwealth. Responding to RFPs and providing other information relevant to sales contracts are not considered lobbying activities. The new statute does not prohibit a salesperson engaging in legitimate state business on behalf of a company from receiving compensation or commission as part of a contractual arrangement with that company. I have been retained to advocate for my client on an issue before a municipal government.