Advisory Opinion 031

Opinion number
031
Date Adopted
Subject
Lobbying
Requested by
The Honorable Steve Fowler, State Senator
Summary
An attorney who was retained to give a legal opinion by a State Senator and whose legal opinion was then distributed to the Legislature by that Senator to influence the passage of legislation does not fall under the definition of “lobbyist” found in Nebraska law.

REQUESTED BY: The Honorable Steve Fowler, State Senator

QUESTION: If a senator, using his or her personal funds, retains an attorney for a legal opinion which is distributed on the floor of the legislature to influence passage of legislation, does that attorney have to register as a lobbyist on behalf of that senator?

CONCLUSION

No.

ANALYSIS

Section 49-1434 defines principal and lobbyist, and pursuant to subsection (3)(d) "Any person who limits his activities solely to writing letters, placing telephone calls, or furnishing written material to the legislature or to committees thereof, or who furnishes to the Clerk of the Legislature public copies of letters or written material sent to individual members of the legislature" is not a lobbyist or principal and therefore does not have to register as a lobbyist for a designated principal and does not have to report lobbyist fees for lobbyist services pursuant to section 49-1483.