Friday, February 05, 2010

Sitka's Mayor, Scott McAdams, In Juneau - Lobbyist or Advocate?

[Update Aug. 26, 2010:  More recent Scott McAdams video available speaking to Democratic Unity Dinner after 2010 primary election.]

As I've said, I'm trying to convey what it is like in and around the Capitol Building in Juneau. And one thing that stands out for me is the constant stream of people coming to talk to their legislators.  In an earlier post about receptions and lobbyists,  a staffer left a comment correcting my characterization of school children as lobbyists.  Lobbyists get paid, while advocates are volunteers.  I knew that wasn't all of it, so I looked it up in the statutes.  (This isn't as hard as it may seem.  I simply googled "Alaska Statutes Lobbyist Advocate" and that got right to the statutes.)

AS 24.60.990. Definitions.

(12) "lobbyist" means a person who is required to register under AS 24.45.041 and is described under AS 24.45.171 , but does not include a volunteer lobbyist described in AS 24.45.161 (a)(1) or a representational lobbyist as defined under regulations of the Alaska Public Offices Commission;
(14) "registered lobbyist" means a person who is required to register under AS 24.45.041 ;
Based on (12) and (14,) lobbyist and registered lobbyist sound an awful lot alike.  

So, the link to AS 24.45.041 doesn't tell us much more but gives the information needed to register as a lobbyist.  Lobbyist is further is described under AS 24.45.171


(11) "lobbyist" means a person who
(A) is employed and receives payments, or who contracts for economic consideration, including reimbursement for reasonable travel and living expenses, to communicate directly or through the person's agents with any public official for the purpose of influencing legislation or administrative action for more than 10 hours in any 30-day period in one calendar year; or
(B) represents oneself as engaging in the influencing of legislative or administrative action as a business, occupation, or profession;

"Advocate" shows up once in this section:
(9) "influencing legislative or administrative action" means to communicate directly for the purpose of introducing, promoting, advocating, supporting, modifying, opposing, or delaying or seeking to do the same with respect to any legislative or administrative action;
The next link takes us to  Exemptions.  This would then apply to people who get compensation to influence more than ten days in a thirty day period. 

AS 24.45.161. Exemptions.

(a) This chapter [60 Standards of Conduct of Title 24 Legislature] does not apply to
(1) an individual
(A) who lobbies without payment of compensation or other consideration and makes no disbursement or expenditure for or on behalf of a public official to influence legislative or administrative action other than to pay the individual's reasonable personal travel and living expenses; and
(B) who limits lobbying activities to appearances before public sessions of the legislature, or its committees or subcommittees, or to public hearings or other public proceedings of state agencies;




(2) an elected or appointed state or municipal public officer or an employee of the state or a municipality acting in an official capacity or within the scope of employment;







(3) any newspaper or other periodical of general circulation, book publisher, radio or television station (including an individual who owns, publishes, or is employed by that newspaper or periodical, radio or television station) that publishes news items, editorials, or other comments, or paid advertisements, that directly or indirectly urge legislative or administrative action if the newspaper, periodical, book publisher, radio or television station, or individual engages in no further or other activities in connection with urging or advocating legislative or administrative action other than to appear before public sessions of the legislature, or its committees or subcommittees, or public hearings or other public proceedings of state agencies;







(4) a person who appears before the legislature or either house, or standing, special, or interim committee, in response to an invitation issued under (c) of this section.






So, I don't seem to find the term 'advocate' in the sense of a non-paid lobbyist, but the term "voluntary lobbyist" did appear in AS 24.60.990. Definitions (12).
.

Now, when we get to the Mayor of Sitka, I suppose he fits into the category of "less than ten days in a thirty day period." But, even if he did lobby that much, he would be exempt because he would be doing it as an elected official.  So, maybe he's an advocate or maybe he's a 'volunteer lobbyist."  Here's what he had to say Thursday:






The reference he made to expanding the legislature was the subject of the State Affairs committee earlier I covered earlier this week.

3 comments:

  1. Do you have access to or information about the regulations which should exist to implement these laws ?
    Theoretically, the regs establish rules for following the letter and intent of the law...
    My retired Assistant AG mother has said, over the years, that she thinks regs need to be as as easily accessible as the word of law... Thoughts?

    ReplyDelete
  2. Ropi, I guess it depends on the definition of lobbying. How do people let their representatives know what they think about proposed laws if they can't "communicate directly for the purpose of introducing, promoting, advocating, supporting, modifying, opposing, or delaying or seeking to do the same with respect to any legislative or administrative action;"?

    Alaskapi, I'm guessing the regs for most or all of this are done by the Alaska Public Offices Commission (APOC).
    I just looked at their site and I can only see campaign and finance disclosure regulations.

    But they are having a hearing this morning, but it's already begun. And it's not clear if it's in Anchorage or Juneau - both places are listed. Obviously one or the other will be by teleconference.

    I'll put your question on my list.

    ReplyDelete

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