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Gov Business Review | Friday, May 26, 2023
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Any attempt to influence "legislation" through "direct lobbying" or "grassroots lobbying" is called Lobbying.
Fremont, CA: Any attempt to influence "legislation" through "direct lobbying" or "grassroots lobbying" is called Lobbying.
Major types of Lobbying are:
Direct Lobbying:
Any attempt to impact legislation via communication with (i) Any associate or employee of a legislative body or (ii) any government official or staff(except an associate or worker of a legislative body) who may partake in the expression of the legislation, but only if the main aim of the communication is to impact legislation. A communication with a legislator or government servant will be considered a direct lobbying communication if, but only if, the communication: (i) relates to specific legislation and (ii) contemplates a view on such legislation.
Grassroots Lobbying:
An attempt to impact legislation via an attempt to influence the opinions of the common people or any portion of the public. Communication with the common public will be considered as grassroots lobbying communication if, but on the condition that it (i) relates to and reflects a view of certain legislation and (ii) supports the recipient of the communication to take steps concerning such legislation by one of the following methods:
• Initiating that the recipient should contact legislators or other government staff who may partake in the formulation of legislation to impact legislation;
• Declaring a legislator's address, phone number, or identical details;
• Giving a petition, tear-off postcard, or similar material for the recipient to transmit to a legislator; or
Legislation:
Legislation is the operation or outcome of enrolling, enacting, or announcing laws by a legislature, parliament, or analogous governing body. It does not incorporate actions by administrative bodies, like school boards, zoning boards, housing authorities, or similar bodies.
Specific legislation: Legislation already introduced in a legislative body and a specific legislative proposal that may not have been presented.
Limitations. The Internal Revenue Service has recognized many narrow but beneficial lobbying exceptions for:
• Non-prejudiced legislative analysis, study, or research which is completely educational; open to the public, governmental bodies, officials, and workers; and does not advocate (expressly or implicitly) the acceptance or rejection of legislation. Consider that non-partisan analysis, study, or research may advocate a specific position or standpoint as long as there is an adequately full and fair exposition of the pertinent particulars to allow the public or a person to create an independent opinion or conclusion. Yet, a non-partisan analysis may be considered lobbying if it is later employed to impact specific legislation.
• Communications concerning an official request for technical advice or support, like requested testimony before a legislative council.
• Appearances before or contacts with legislative bodies involving a potential action that might affect Duke's existence, powers, duties, tax-exempt rate, or the discount of contributions to it (as opposed to possible actions that may just impact the scope of the organization's future activities).
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