§ 264. Reports of expenditures, compensation, and gifts; employers; lobbyists
(a) Every employer and every lobbyist registered or required to be registered under this
chapter shall file disclosure reports with the Secretary of State as follows:
(1) on or before January 15, for the preceding period beginning on September 1 and ending
with December 31;
(2) on or before February 15, for the preceding period beginning on January 1 and ending
with January 31;
(3) on or before March 15, for the preceding period beginning on February 1 and ending
with the last day of February;
(4) on or before April 15, for the preceding period beginning on March 1 and ending with
March 31;
(5) on or before May 15, for the preceding period beginning on April 1 and ending with
April 30;
(6) on or before June 15, for the preceding period beginning on May 1 and ending with
May 31; and
(7) on or before September 15, for the preceding period beginning on June 1 and ending
with August 31.
(b) An employer shall disclose for the period of the report the following information:
(1) A total of all lobbying expenditures made by the employer in each of the following
categories:
(A) Advertising, including television, radio, print, and electronic media.
(B) Expenses incurred for telemarketing, polling, or similar activities if the activities
are intended, designed, or calculated, directly or indirectly, to influence legislative
or administrative action. The report shall specify the amount, the person to whom
the amount was paid, and a brief description of the activity.
(C) Contractual agreements in excess of $100.00 per year or direct business relationships
that are in existence or were entered into within the previous 12 months between the
employer and:
(i) a legislator or administrator;
(ii) a legislator’s or administrator’s spouse; or
(iii) a legislator’s or administrator’s dependent household member.
(D) The total amount of any other lobbying expenditures.
(2) The total amount of compensation paid to lobbyists or lobbying firms for lobbying.
The employer shall report the name and address of each lobbyist or lobbying firm to
which the employer pays compensation. It shall be sufficient to include a prorated
amount based on the value of the time devoted to lobbying where compensation is to
be included for a lobbyist or lobbying firm whose activities under this chapter are
incidental to regular employment or other responsibilities to the employer.
(3) An itemized list of every gift the value of which is greater than $15.00, made by
or on behalf of the employer to or at the request of one or more legislators or administrative
officials or a member of a legislator’s or administrative official’s immediate family.
With respect to each gift, the employer shall report the date the gift was made, the
nature of the gift, the value of the gift, the identity of any legislators or administrative
officials who requested the gift, and the identity of any recipients of the gift.
Monetary gifts, other than political contributions, shall be prohibited.
(4) [Repealed.]
(c) A lobbyist shall disclose for the period of the report the following information:
(1) A total of all lobbying expenditures made by the lobbyist in each of the following
categories:
(A) Advertising, including television, radio, print, and electronic media.
(B) Expenses incurred for telemarketing, polling, or similar activities if the activities
are intended, designed, or calculated, directly or indirectly, to influence legislative
or administrative action. The report shall specify the amount, the person to whom
the amount was paid, and a brief description of the activity.
(C) Contractual agreements in excess of $100.00 per year or direct business relationships
that are in existence or were entered into within the previous 12 months between the
lobbyist and:
(i) a legislator or administrator;
(ii) a legislator’s or administrator’s spouse; or
(iii) a legislator’s or administrator’s dependent household member.
(D) The total amount of any other lobbying expenditures.
(2) The total amount of compensation paid to a lobbyist, who is not employed by, subcontracted
by, or affiliated with a lobbying firm, for lobbying, including the name and address
of each registered employer who engaged the services of the lobbyist reporting. It
shall be sufficient to include a prorated amount based on the value of the time devoted
to lobbying where compensation is to be included for a lobbyist whose activities under
this chapter are incidental to other responsibilities to the employer. A lobbyist
who is employed by, subcontracted by, or affiliated with a lobbying firm shall not
report individual compensation. The total compensation paid to the lobbying firm shall
be reported pursuant to section 264b of this title.
(3) An itemized list of every gift, the value of which is greater than $15.00, made by
or on behalf of a lobbyist to or at the request of one or more legislators or administrative
officials or a member of the legislator’s or administrative official’s immediate family.
With respect to each gift, the lobbyist shall report the date the gift was made, the
nature of the gift, the value of the gift, the identity of any legislators or administrative
officials who requested the gift, and the identity of any recipients of the gift.
Monetary gifts, other than political contributions, shall be prohibited.
(4) [Repealed.]
(d) Reports for the period July 1 through December 31 shall include, in addition to the
totals for the period of the report, totals for the calendar year.
(e) At the same time a report itemizing gifts is filed, the employer or lobbyist shall
mail or deliver a copy of the report to the legislators and administrative officials
identified in the report.
(f) If an unsolicited gift is given to a legislator or administrative official by a lobbyist
or employer and the recipient does not use it and returns it to the donor within 30
days or the donor is reimbursed for its fair market value, it shall not be considered
a “gift” and shall not be required to be reported as such by the donor to the Secretary
of State. If the item has already been reported as a gift, the lobbyist or employer
shall file an amended report with the Secretary of State.
(g), (h) [Repealed.]
(i) A lobbyist, lobbying firm, or employer who fails to file a disclosure report on time
shall pay a late reporting fee of $25.00 for each day the disclosure report is late,
not to exceed $350.00.
(j) A gift from a member of an interest group to, or for the benefit of, a legislator
or administrative official, which is made in connection with lobbying as defined in
subdivision 261(9)(D) of this title, shall be deemed to be made on behalf of the employer or lobbyist who sponsored the
activity and shall be reported and itemized. (Added 1989, No. 160 (Adj. Sess.), § 2, eff. April 30, 1990; amended 1993, No. 101, §§ 2, 3; 1997, No. 155 (Adj. Sess.), § 66f; 2005, No. 99 (Adj. Sess.), § 4, eff. Jan. 1, 2007; 2007, No. 5, § 3, eff. April 12, 2007; 2009, No. 33, § 83; 2013, No. 161 (Adj. Sess.), § 67; 2013, No. 191 (Adj. Sess.), § 10; 2015, No. 49, § 3.)