Article VI. Lobbying Disclosure
1.70.380 Who must register as a lobbyist – Exceptions.
(a) Any individual or organization must register as a lobbyist if, during a year, that individual or organization communicates with a Commissioner or employee to influence executive or administrative action by WSSC and for those purposes:
(1) Expends a cumulative amount of $100.00 or more during a reporting period on WSSC Commissioners or employees for meals, beverages, special events or gifts;
(2) Is compensated $2,500 or more in a reporting period, from all lobbying employers cumulatively, for all such communications, or incurs expenses of $500.00 or more per lobbying employer (other than for personal travel or subsistence), to influence the development or adoption of WSSC regulations or policies or procedures, land acquisition or service extension decisions, or WSSC recommendations to county government or state government, including the General Assembly;
(3) Is compensated to influence WSSC on a procurement contract that exceeds $100,000 or may be reasonably anticipated to exceed $100,000, under circumstances set forth under subsection (b) of this section, unless the person is a bona fide salesperson or commercial selling agency employed or retained by the employer;
(4) Is compensated by a business entity to secure a grant, credit, or other subsidy from WSSC with a value of more than $100,000 if the expense or compensation thresholds of subsection (a)(2) of this section are met, unless the person is a bona fide salesperson or commercial selling agent employed or retained by the employer; or
(5) Spends at least $2,500 to provide compensation to one or more entities required to register under this subsection.
(b) Subsection (a)(3) of this section applies to:
(1) Communications made prior to a formal solicitation being issued;
(2) Communications made after a solicitation is issued that are required to be included in the procurement file under WSSC 1.70.290; or
(3) Communications to a Commissioner on a procurement that is scheduled, or to be scheduled, for consideration on a Commission agenda, including testimony; and
(4) Expense or compensation thresholds stated in subsection (a)(2) of this section are met.
(c) Subsection (a) of this section does not apply to:
(1) Advising clients on proposed or pending WSSC regulations or policies without other attempt to influence the Commission, if the individual engages in no other acts in the reporting period that requires registration;
(2) Communicating with WSSC when requested by WSSC, without engaging in any other activity to influence administrative or executive action on the subject of the communication;
(3) Communicating with WSSC concerning the submission or interpretation of plans, drawings, blueprints or similar (nonpolicy) architectural, engineering, construction or maintenance requirements;
(4) Communicating with WSSC as an official act of an official or employee of the state, a political subdivision of the state, or the United States, and not on behalf of any other person or business;
(5) Actions of a publisher or working journalist in the ordinary course of disseminating news or making editorial comment to the general public, without engaging in other lobbying that would directly and specifically benefit the economic interests of a specific person or business; and
(6) Appearing before WSSC at the request of a lobbyist if the witness:
(i) Takes no other action to influence administrative or executive action; and
(ii) Identifies himself or herself as testifying at the request of the lobbyist.
(d) Except for the authorization required by WSSC 1.70.400, an individual or organization is exempt from the reporting requirements of this article if the individual or organization:
(1) Compensates one or more lobbyists;
(2) Reasonably believes that each lobbyist will timely register and report all expenditures required to be reported; and
(3) Engages in no other lobbying.
(e) Notwithstanding subsection (b) of this section, if a lobbyist fails to report timely any information required under this article, the lobbyist’s employer is immediately subject to the reporting requirements of this article. (Res. 2003-1669 § 1(6-1))