IPCPR Legislative | Political Involvement in Delaware

Political Involvement in Delaware

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Requirements for Political Involvement in Delaware

“Lobbyist” means any individual who acts to promote, advocate, influence or oppose any matter pending before the General Assembly by direct communication with the General Assembly or any matter pending before a state agency by direct communication with that state agency, and who in connection therewith either:

 

  • Has received or is to receive compensation in whole or in part from any person, or
  • Is authorized to act as a representative of any person who has as a substantial purpose the influencing of legislative or administrative action, or
  • Expends any funds during the calendar year for members of the General Assembly or for employees or members of any state agency for the following:
    • Food and refreshment
    • Entertainment, including the cost of maintaining a hospitality room
    • Lodging expenses away from home
    • Fair value of travel if trip exceeds 100 miles
    • Recreation expenses
    • Gifts or contributions, excluding political contributions provided to members of the general assembly

 

“Lobbyist” does not apply to:

  • Persons performing professional services in drafting bills or regulations or in advising and rendering opinions to clients as to the construction or effect of proposed, pending or enacted legislation or regulations who do not otherwise act as lobbyists
  • Persons appearing pursuant to their official duties as employees or elected officials of the State, or any political subdivision thereof, or of the United States, and not as representatives of any other person
  • Persons who, in relation to the duties or interests of their employment or at the request or suggestion of their employer, communicate with the General Assembly or a state agency concerning any legislation, regulation or other matter before the General Assembly or such state agency, if such communication is an isolated, exceptional or infrequent activity in relation to the usual duties of their employment
  • Persons communicating with the General Assembly or a state agency if such communication is undertaken by them as a personal expression and not as an agent of their employers as to matters of interest to a person by whom or by which they are employed and if they receive no additional compensation or reward, in money or otherwise, for or as a result of such communication
  • Persons testifying at public hearings conducted by the General Assembly or a state agency who do not otherwise act as lobbyists
  • Persons appearing on behalf of any religious organization with respect to subjects of legislation or regulation that directly relate to the religious beliefs and practices of that organization who do not otherwise act as lobbyists
  • Attorneys representing clients in administrative adjudications governed by the provisions of subchapter III of Chapter 101 of this title, representing clients before the Tax Appeals Board, or in other administrative procedures where ex parte communications with the state agency with authority over the matter are prohibited
  • Attorneys representing clients with regard to criminal or civil law enforcement proceedings, or in any judicial proceedings

 

Del. Code tit. 29, § 5831
Del. Code tit. 29, § 5831(b)

Every lobbyist must register electronically with the Public Integrity Commission prior to performing any acts as a lobbyist or within 5 days after qualifying as a lobbyist by creating a Delaware.gov account and completing the Lobbyist Profile and the Employer Authorization Form through the Public Integrity Reporting System at https://egov.delaware.gov/lobs/. Every employer of a lobbyist must verify such employment within 15 business days after the lobbyist has registered with the Commission.

 

Del. Code tit. 29, § 5832: Registration of lobbyists with the State Public Integrity Commission
Del. Code tit. 29, § 5833: Employer’s authorization to act

 

On or before the 20th day of the month following each calendar quarter, each lobbyist must file electronically a Financial Report covering the immediately preceding quarter. Lobbyists must also file Activity Reports within 5 business days, or by June 29th of each year, whichever is earlier, after promoting, advocating, influencing, or opposing any bill or resolution pending before the General Assembly by direct communication with a member of the General Assembly, the Lieutenant Governor, or the Governor, or any proposed regulation pending before a state agency by direct communication with an employee or official of that state agency. Financial Reports and Activity Reports should also be filed through the Public Integrity Reporting System at https://egov.delaware.gov/lobs/.

 

Del. Code tit. 29, § 5835: Financial reports by lobbyists
Del. Code tit. 29, § 5836: Activity reports by lobbyists

 

Delaware Public Integrity Commission: Lobbying
http://depic.delaware.gov/

 

How to Become a Lobbyist
http://depic.delaware.gov/sections/lobbying/new/index.shtml

 

Public Integrity Reporting System
https://egov.delaware.gov/lobs/

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