The Bulletin, Christopher Lilenthal, 29/4/2008

he Commonwealth Foundation, based in Harrisburg, describes itself as "an independent, non-profit research and educational institute that develops and advances public policies," but its president and CEO doesn't consider himself a lobbyist.

Tim Potts of Democracy Rising PA said he doesn't think the type of advocacy he engages in is lobbying but that "I'm willing to be corrected."

Neither group nor its founders are registered as a lobbyist under the state lobbyist disclosure law.

Matthew Brouillette and the Commonwealth Foundation initially registered when it went into effect in January 2007, but terminated their registration last July, after their attorneys advised them to do so.

"The short answer from our legal counsel is that we are not defined as 'lobbyists' under the law because I/we are not a person or an entity 'that engages in lobbying on behalf of a principal for economic consideration,'" Mr. Brouillette wrote in an e-mail.

Mr. Brouillette noted that the law defines a "lobbyist" as a person or entity "that engages in lobbying on behalf of a principal for economic consideration."

"We are not telling lawmakers to go vote yes or no," Mr. Brouillette said. "We are providing the educational service of saying here are the facts and here's what experience demonstrates."

Mr. Potts co-founded Democracy Rising PA, a government reform group, after the pay raise of 2005. He said he asked the State Ethics Commission to advise him on whether he should register.

"We primarily work as an educational institution," Mr. Potts said, noting he doesn't endorse specific legislation, and never has private meetings with public officials. "The idea that I am trying to influence these officials directly is off the table. I'm not."

Several Harrisburg insiders disagree, saying men like Mr. Brouillette and the Commonwealth Foundation clearly engage in lobbying, advocating for policies like cutting taxes, a constitutional amendment to limit state spending growth, and the plan to lease the Pennsylvania Turnpike, among others.

A few weeks ago, Mr. Brouillette appeared at a Capitol news conference with several House Republicans, who were discussing a package of bills that would lower the personal income tax and other business taxes.

Mr. Brouillette said that he did not endorse those bills, but rather outlined studies supporting lower business taxes as a way to encourage more business competition in Pennsylvania.

The Keystone Research Center, a liberal think tank, is registered as a principal under the lobbying law, with Sharon Ward as its registered lobbyist. Other nonprofit policy research centers, like the Pennsylvania Economy League, also are registered.

Other government reform activists, like Gene Stilp of Taxpayers and Ratepayers United and Eric Epstein of Rock the Capital, also said their status as volunteers didn't require them to register since they didn't receive "economic consideration." Mr. Epstein did recently register as a lobbyist for separate consulting work he is doing for East Hanover Township in Dauphin County.

Mr. Potts said even if some of the work he does is lobbying, the costs associated with that work couldn't have triggered the $2,500 quarterly reporting requirement.

In March, Mr. Potts said, Democracy Rising PA's board of directors agreed to start paying him a monthly stipend.

"I figure that's a trigger," Mr. Potts said. "I got to go back and see if I meet the definition of lobbyist, and DR meets the definition of principal." Capitolwire