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Operating Procedures Manual

5.2. Governmental Relations

5.2.1. Michigan Lobbyist Registration and Report Act

Definition

Lobbyist Registration and Report Act: Effective January 1, 1984, the State of Michigan began regulating the communications between public officials and lobbyists. Under the act, once certain criteria have been met, the University must register as a lobbyist and those employees who communicate with public officials must register as lobbyist agents.

Public Officials: University personnel who are public officials as defined in the act by reason of their appointment to a position in state government.

University Lobbyist Agents: University personnel or University contractors (other than exempt persons) who are authorized to lobby on behalf of the University and who, because of their compensation or reimbursement for lobbying expenses exceeding the Acts threshold, are required to register as lobbyist agents.

Sub-Threshold Lobbying Personnel: Personnel who are authorized by the president or the compliance officer to lobby for the University in a limited capacity and are not expected to exceed the lobbyist agent registration threshold in the act.

Incidental Lobbying Personnel: Personnel not authorized to lobby for the University but who engage in incidental lobbying communications as a result of an inquiry from a public official or a request from an exempt person.

General Information

The Michigan Lobbyist Registration and Report Act requires that certain records be kept and reported, and has made it necessary for the University to control and regulate the contact of its employees with public officials. This regulation is directed at communications which involve University concerns. Communication with public officials by employees in their capacity as private citizens is not a regulated activity.

The law also requires that persons who are reimbursed or paid at least $250 for lobbying, which would include the time spent in communicating and may include the preparation time, must register as lobbyist agents.

The penalty for failure to file and report under this law is a criminal penalty directed at the person who fails to file as well as the University as the lobbyist.

A list of public officials who are either employed by the University or are frequent visitors is available from the office of the secretary of the Board of Trustees. In addition, a list of persons recognized as public officers under this law is available. University personnel should use restraint when dealing with individuals in their capacity as public officials. If there is any question whether a person to whom an employee must communicate is or is not a public officer, call the office of the secretary of the Board of Trustees for the information.

Policy

Michigan Technological University will comply with the requirements of the Michigan Lobbyist Registration and Reporting Act, Act No. 472 of the Public Acts of 1978 ("Act"), and the rules promulgated thereunder ("Rules").

For purposes of the Act, the secretary of the Board of Trustees is designated as the compliance officer.

Michigan Tech will file and maintain a current registration as a lobbyist under the Act and only those persons who have authorization in writing from the compliance officer may lobby.

University officers exempt from registration as lobbyist agents, pursuant to the Act, shall be identified by the president in a notice to the compliance officer.

A Lobbyist Activity Report must be completed each time any communication is made with a public official for lobbying purposes. A supply of forms will be available from the compliance officer.

University personnel may respond to any unsolicited inquiry or request from a public official and no University personnel should refuse to respond to an inquiry because of the Act. Any person not authorized to lobby for the University who receives an inquiry from a public official should immediately contact the compliance officer to assure that the University's and the employee's obligations under the Act are met.

The compliance officer shall maintain a Lobbying Personnel Roster identifying the categories listed previously of University personnel.

The compliance officer will distribute on July 31 and December 31 of each year, a Lobbying Activity Report to each person included in a Lobbying Personnel Roster (except public officials). The completed reports must be returned to the compliance officer within 15 days.

Procedure

To file a lobbying activity, do the following:

1. Contact the compliance officer at 7-2267 for a Lobbyist Activity Report.


2. Complete the report and submit to compliance officer for filing.

History
Adopted:	09/14/2001
Revised:	05/04/2015	Board of Control is now Board of Trustees.

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