(1) Pursuant to 5-7-208 , MCA, a principal who makes payments that exceed the amount specified in 5-7-112 , MCA, to one or more lobbyists or individuals engaged in lobbying activities during a calendar year shall report payments made to each lobbyist or individual for lobbying or to support or assist a lobbying activity as follows:
- (a) To determine whether a principal has made payments exceeding the threshold amount in 5-7-112 , MCA, during a calendar year, the principal must include all payments made to lobbyists and to individuals engaged in lobbying activities, excluding payments or reimbursements for personal and necessary living and travel expenses.
- (b) If a principal does not make payments that exceed the threshold amount in 5-7-112 , MCA, to one or more lobbyists or individuals engaged in lobbying activities during a calendar year as provided in (1) (a) , then the principal does not have to report any payments made.
- (c) If a principal makes payments that exceed the threshold amount in 5-7-112 , MCA, to one or more lobbyists or individuals engaged in lobbying activities during a calendar year as provided in (1) (a) , then all payments (excluding personal and necessary living expenses) made to a lobbyist or an individual engaged in lobbying activities, including those payments excluded in determining whether the amount in 5-7-112 , MCA, was exceeded by the principal, must be reported under 5-7-208 , MCA, and these rules. Although travel expenses paid to a lobbyist or an individual engaged in lobbying activities are excluded from the threshold payment determination under (1) (a) , all payments or reimbursements for travel expenses to a lobbyist or an individual engaged in lobbying activities, including travel expense payments excluded from the determination of whether the amount in 5-7-112 , MCA, was exceeded by the principal, must be reported under 5-7-208 , MCA, and ARM 44.12.205 (5) once payments to a lobbyist or for lobbying activities exceed the threshold amount for a calendar year as provided in 5-7-112 , MCA.
- (2) Even if a principal declares that it made no payments for lobbying activities during a reporting period, a principal subject to the reporting requirements of 5-7-208 , MCA, must file a lobbying report as provided in 5-7-208 (4) , MCA.
- (3) Principals must report each official action on which the principal's lobbyists or individuals engaged in lobbying activities exerted a major effort to support, oppose, or modify official action, together with a statement of the principal's position supporting or opposing the official action ( 5-7-208 (5) (d) , MCA) .
- (4) Principals must identify each official action reportable under 5-7-208 (5) (d) , MCA, by using descriptive phrases, legislative bill draft request numbers, or legislative bill or resolution numbers as provided in ARM 44.12.103 (2) (c) .
- (5) A principal must retain all records supporting the reports filed under Title 5, chapter 7, MCA, for three years from the date of filing as required by 5-7-212 , MCA.
Authorizing statute(s): 5-7-111, MCA
Implementing statute(s): 5-7-208, MCA
History: NEW, 1997 MAR p. 1994, Eff. 11/4/97; AMD, 2002 MAR p. 2458, Eff. 9/13/02; AMD, 2004 MAR p. 1979, Eff. 8/20/04.