For public agencies, lobbying does not include any of the following activities:
- Requests for appropriations by state agencies to the Office of Financial Management (OFM) or requests by OFM to the legislature for appropriations other than its own agency budget (Once a budget request leaves OFM and is before the legislature, attempts to influence any portion of it do constitute reportable lobbying.);
- Recommendations or reports to the legislature in response to a legislative request, whether oral or written, expressly requesting or directing a specific study, recommendation or report on a particular subject;
- Official reports including recommendations submitted annually or biennially by a state agency as required by law;
- Requests, recommendations or other communications between or within state agencies (however, attempts to influence the Governor with respect to signing or vetoing legislation are considered reportable lobbying; other communications or negotiations with the Governor's Office would not be reportable);
- Requests, recommendations or other communications between or within local agencies;
- Telephone conversations or preparation of written correspondence (thus, only in-person contacts, including testifying at hearings, are considered lobbying). However, the PDC strongly recommends that video calls and virtual meetings be included on the quarterly L-5 report.
- Preparation or adoption of policy positions within an agency or group of agencies (once a position is adopted, further action to advocate it may constitute lobbying, however);
- Attempts to influence federal or local legislation.