4 Neb. Admin. Code, ch. 6, § 002

Current through September 17, 2024

Section 4-6-002 - DEFINITIONS

For the purposes of this Rule, unless the context otherwise requires, the definitions found in the following subsections shall be used.

.01 Lobbyist means a person who is authorized to lobby on behalf of a principal, and shall include an officer, agent, attorney or employee of the principal whose regular duties include lobbying. Section 49-1434(2), Neb. Rev. Stat.

.01A Principal means a person who authorizes a lobbyist to lobby in behalf of that principal. Section 49-1434(1), Neb. Rev. Stat.

.02 Person means a business, individual, proprietorship, firm, partnership, limited liability company, joint venture, syndicate, business trust, labor organization, company, corporation, association, committee, or any other organization or group of persons acting jointly. Section 49-1438, Neb. Rev. Stat.

.02A For the purposes of sections 49-1480 to 49-1492.01, a "person" shall also include a government body as defined in Section 49-1424, Neb. Rev. Stat

.03 Lobbying means the practice of promoting or opposing for another person the introduction or enactment of legislation or resolutions before the Legislature or the committees or the members thereof, and shall also include the practice of promoting or opposing executive approval of legislation or resolutions. Section 49-1433, Neb. Rev. Stat.

.03A Lobbying includes, but is not limited to, communication in person or by telephone with an official in the legislative or executive branches of state government, as defined in Sections 49-1436 and 49-1437, Neb. Rev. Stat, to influence legislative action, as defined in Sections 49-1429 and 49-1431, Neb. Rev. Stat.

.03A1 Executive Branch Lobbying. The practice of promoting or opposing executive approval of legislation or resolutions includes communication with officials of the executive branch of state government as defined in Section 49-1436, Neb. Rev. Stat, to take or refrain from taking any action or position in support of or in opposition to proposed legislation or resolutions. It includes influencing an executive branch official to make or refrain, or cause others to make or refrain, from making appearances before legislative committees or contacting members of the Legislature.

.04 Lobbying activity or lobbying purpose means any act, including the solicitation of receipts or the making of expenditures, to influence legislative action as defined in Sections 49-1429 and 49-1431, Neb. Rev. Stat,

.05 Receipt means an advance, conveyance, deposit, distribution, transfer of funds, loan, payment, pledge, or subscription of money or anything of value, and any contract, agreement, promise, or other obligation, whether or not legally enforceable, which is received by a lobbyist or principal directly or indirectly for the purpose of carrying on lobbying activities, to include compensation for such activities or reimbursement for expenses.

.06 Expenditure means an expenditure as defined in Section 49-1419(4), Neb. Rev. Stat, made directly or indirectly for the purpose of carrying on lobbying activities.

.06A Expenditure does not include payments for transportation by lobbyists or the cost of communicating positions from a principal to a lobbyist or from a lobbyist to a principal. Reference: Section 49-1419(4), Neb. Rev. Stat

.06A1 "Payments for transportation by lobbyists" means payments made solely for the benefit of a lobbyist for his or her own travel expenses, including lodging and meals, if not incurred in connection with providing or paying for the travel of others.

.06A2 "Cost of communicating positions" is limited to (1) expenses directly related to communication with such principal or lobbyist or agents thereof, (2) compensation reasonably attributable to bill reading and (3) compensation reasonably attributable to conferring with such principal or lobbyist or agents thereof if no public official, public employee or other principals or lobbyists of other principals or agents thereof are present.

.07 Miscellaneous expenses means any expenditure by a lobbyist, principal, or anyone acting on behalf of either, including an expenditure which is made for the benefit of a public official in the executive or legislative branch of state government or the official's staff or immediate family members which does not otherwise fall within the categories of entertainment expense, lodging expense, travel expense, gifts, gifts of admissions, lobbyist reimbursement, extraordinary office expense, or lobbyist compensation. Miscellaneous expenses include expenditures of money loaned, promised or paid to any official, or staff of an official in the executive or legislative branch of state government, including a business with which the official or staff member is associated if the payment is made to influence legislative action.

.08 Entertainment means expenditures including expenses for food and drink, incurred by a principal or a lobbyist for entertainment as a lobbying activity, even if a public official, a member of his or her immediate family or a public employee is not present, such as the entertainment of constituents or other lobbyists or principals to influence legislative action.

.09 Lobbyist compensation means all compensation paid to a person for being a lobbyist, lobbying activities or to influence legislative action. When a principal retains the services of a person who shall have only part-time lobbyist duties, only the compensation paid which is reasonably attributable to influencing legislative action constitutes lobbyist compensation.

.09A When a lobbyist is an employee of the principal, part of the lobbyist's salary attributable to lobbying activities constitutes lobbyist compensation if the lobbyist engages in any lobbying activity.

.09B When a person engages the service of a lobbyist or a principal for consulting or management services which services include engaging in lobbying activities, part of the lobbyist's or principal's compensation for such services constitutes lobbyist compensation.

.010 Money loaned, promised or paid includes any payment of money to an official or staff of an official in the Legislative or Executive Branches of State Government, except for money loaned, promised or paid to such official or staff in exchange for goods or services provided by the official or staff in connection with his or her outside employment or business provided the transaction is commercially reasonable and not entered into for the purpose of influencing legislative action.

.010A Money loaned, promised or paid shall not include a loan by a principal in the business of making loans which is commercially reasonable and in accordance with regular lending rules and regulations; transactions involving a principal which are performed in the ordinary course of business pursuant to the terms of an insurance contract; a dividend paid by a principal on publicly traded stock; interest paid by a principal on bonds offered to the public; or any transaction involving a principal which is deemed confidential under the laws or regulations of the United States of America or the State of Nebraska.

.011 An honorarium means a payment for speaking at an event, participating in a panel or seminar, or engaging in any similar activity. An honorarium paid directly or indirectly to an official in the Legislative or Executive Branch of State government or the staff of such official is a gift subject to the limitation provided in Section 49-1490, Neb. Rev. Stat, unless it is clear from all surrounding circumstances that the services provided by the official or staff represent equal or greater value than the payment received. The principal or lobbyist shall maintain records to substantiate that the official or staff gave consideration of equal or greater value than the honorarium.

.012 Compensation means anything of monetary value received or to be received from a person, whether in the form of a fee, salary, forbearance, forgiveness, or any other form of recompense.

.013 Calendar quarter means the first day of January through the thirty-first day of March, the first day of April through the thirtieth day of June, the first day of July through the thirtieth day of September, and the first day of October through the thirty-first day of December.

.014 Lobbyist expense reimbursement means any expenditure made by a lobbyist which is reasonably attributable to the influencing of legislation and for which the lobbyist receives reimbursement, either in whole or in part, from a principal.

.015 Office expenses means the expenses reasonably related to operating an office, including rent, utilities, supplies, and salaries of support personnel.

.016 Extraordinary office expense means

a) an office expense directly related to lobbying activity for which a lobbyist is reimbursed by a principal; or

b) an office expense by a lobbyist or principal directly related to lobbying which is other than the normal overhead and operating office expenses of the lobbyist or principal. Reference: Section 49-1483(2).

.017 Relative means any person related to another by blood or marriage to the third degree of consanguinity, including a foster parent, foster child, stepparent, stepchild, and adopted children and their adoptive parents. Reference: Section 49-1443.01.

4 Neb. Admin. Code, ch. 6, § 002

Amended effective 12/9/2015.