15:1 Registration. –
I. Any person who is employed for a consideration by any other person, except the state of New Hampshire, in a representative capacity for the purposes specified in paragraph II of this section shall first register as a lobbyist with the secretary of state. Each registration shall report the existence of a relationship between a single client and either a single lobbyist or a partnership, firm, or corporation with one or more partners, members, or employees of a firm acting as lobbyist.
II. Registration is required where the person, partnership, firm, or corporation is employed:
(a) To promote or oppose, directly or indirectly, any legislation pending or proposed before the general court, or;
(b) To promote or oppose, directly or indirectly, any action by the governor, governor and council, or any state agency, as defined in RSA 15-A:2, where such action concerns legislation or contracts pending or proposed before the general court, any pending or proposed administrative rule, or the procurement of goods or services that are being or may be purchased by the state, subject to the exclusions in paragraph III.
III. Such registration is not required where the person:
(a) Is employed to represent another only in an adjudicative proceeding or nonadjudicative process as defined or described in RSA 541-A, other than a rulemaking proceeding or any process related to the purchasing of goods or services by the state, and who files an appearance with the authority conducting the matter; or
(b) Is an owner or employee, of a business seeking to do business with the state or communicating with an executive branch official or employee, a state agency, or an administrative official of the general court regarding goods or services that are being or may be purchased by the state.
IV. All registrations required under this section shall expire on December 31.
V. The following communications are excluded from the regulation imposed by this chapter and shall not be considered in a determination of whether a person is required to register and report as a lobbyist:
(a) Public testimony before a legislative committee or subcommittee.
(b) Public testimony before any entity subject to RSA 91-A, the right-to-know law.
(c) A written document filed in the course of a public proceeding or any other communication that is made on the record in a public proceeding.
(d) Communication made by a public official acting in the public official's official capacity.
(e) Communication made by a representative of a media organization if the purpose of the communication is gathering or disseminating news and information to the public.
(f) Communication made in a speech, article, publication, or other material that is distributed and made available to the public, or through radio, television, cable television, the Internet, or other medium of mass communication.
(g) Communication made in writing which becomes a public record subject to the provisions of RSA 91-A, the right-to-know law, provided in response to a written request by a legislative or executive branch official.
(h) Communication made to the governor or to any member of the executive council, member of the general court, or public official as defined in RSA 15-B:2, IX by an employee on behalf of his or her employer that would otherwise require registration under RSA 15:1, II, provided that the person making the communication:
(1) Is not required to register and report as a lobbyist for any person, including the employer on whose behalf the communication exempted under this subparagraph is made;
(2) Is not specifically compensated by the employer or any other person for making the communication;
(3) Has not been required to make the communication by the employer or any other person required to register and report under this chapter; and
(4) The purpose of the communication is to allow the employee to communicate the employer's views or his or her personal views on any matter within the scope of RSA 15:1, II that may affect the employer and/or the employee in his or her capacity as an employee.