Current through Register Vol. 18, September 20, 2024
For purposes of Title 5, chapter 7, MCA, and this
chapter:
(1) "Compensation" includes:
(a) all direct or indirect payments of
salaries, fees, wages, and benefits by a principal to a lobbyist or an
individual engaged in lobbying activities to lobby or to support or assist a
lobbying activity. The term includes, but is not limited to, all payments made
to a lobbyist or an individual engaged in lobbying activities to lobby or to
support or assist a lobbying activity for overtime, compensatory time,
retirement, health insurance, membership fees for social, civic and
professional organizations, life insurance, professional liability insurance,
unemployment, worker's compensation, personal use of a vehicle, rental car
payments, disability insurance, and other benefits; and
(b) the term "compensation" does not include
personal living expenses of a lobbyist or an individual engaged in lobbying
activities that are reimbursed by a principal.
(2) "Direct communication" includes
face-to-face meetings, telephone conversations, and written or electronic
correspondence or communication with a public official.
(3) "Lobbying" shall have the definition set
forth in 5-7-102(11) (a),
MCA. Unless otherwise exempted from the definition of "lobbying" by Title 5,
chapter 7, MCA, or this chapter, lobbying shall include:
(a) any direct communication by a lobbyist or
an individual engaged in lobbying activities with a public official to promote
or oppose official action;
(b) all
time spent by a lobbyist or an individual engaged in lobbying activities to
present oral or written testimony to one or more public officials promoting or
opposing official action by any public official or group of public officials,
including the legislature or a committee of the legislature; or
(c) signing a sign-in sheet as an opponent or
proponent of official action at a legislative hearing.
(4) "Lobbying activity" or "lobbying
activities" mean actions or efforts by a lobbyist or an individual to lobby or
to support or assist lobbying, including preparation and planning activities
after a decision has been made to support or oppose official action, and
research and other background work that is intended, at the time it is
performed, for use in lobbying or to support or assist lobbying activities. The
terms "lobbying activity" or "lobbying activities" do not include:
(a) information or testimony submitted to the
legislature or a legislative committee in response to a subpoena issued under
5-5-101 through
5-5-105, MCA;
(b) actions of public officials in performing
judicial, quasi-judicial, or ministerial acts; or the actions of any person to
influence the actions of public officials in performing judicial,
quasi-judicial, or ministerial acts (
5-7-102(16), MCA)
;
(c) activities of an employee or
representative of a radio, newspaper, magazine, television, cable television,
or other medium of mass communication in gathering and disseminating news and
information to the general public;
(d) activities involving a bona fide news
story, commentary, or editorial distributed through the facilities of any
radio, television, broadcasting station, newspaper, magazine; or other
periodical publication of general circulation;
(e) activities involving communications by a
membership organization or corporation to its members, shareholders, or
employees;
(f) information or
testimony compelled by statute, rule, executive order, or other action of the
legislature, the governor, or a state agency, including information or
testimony compelled by a state contract, grant, loan, permit, or license;
or
(g) information or testimony
provided in response to an oral or written request from a legislative
committee, the legislature, or a public official made during a public hearing
or other public proceeding if the information or testimony solicited during the
public hearing or public proceeding does not support or oppose the official
action under consideration.
(5) "Lobbyist" shall have the definition set
forth in 5-7-102(12), MCA.
The term "lobbyist" does not include:
(a) an
individual lobbying or acting on his/her own behalf (
5-7-102(12) (b)
(i), MCA);
(b) a public official (including a
legislator), an elected local official, an elected federal official, or an
elected tribal official who promotes or opposes the introduction or enactment
of legislation before the legislature or the members of the legislature (
5-7-102(11) (b),
MCA);
(c) an individual working
for the same principal as a licensed lobbyist if the individual does not have
direct communication with a public official to support or oppose official
action on behalf of the principal (
5-7-102(12) (b)
(ii), MCA); or
(d) an individual who receives payments from
one or more persons that total less than the amount specified in
5-7-112, MCA, in a calendar year (
5-7-102(12) (b)
(iii), MCA).
(6) "Major effort to support, oppose, or
modify official action" in
5-7-208(5) (d),
MCA, means any official action on which a principal's lobbyist, employee,
officer, agent, attorney, or representative engages in direct communication
with any public official on two or more occasions to support, oppose, or modify
the official action.
(7) "Official
action" means a vote, decision, recommendation, approval, disapproval, or other
action, including inaction, that involves the use of discretionary authority by
the legislature or a member of the legislature concerning the introduction or
enactment of legislation.
(8)
"Payment" shall have the definitions set forth in
5-7-102(13), MCA.
The term includes salary, fees, compensation, or anything of value to be paid
to a lobbyist or an individual engaged in lobbying activities, pursuant to a
contract, including payments to be made in the future, after services are
rendered by the lobbyist or the individual engaged in lobbying activities. The
term does not include payments or reimbursements for personal and necessary
living expenses, but includes travel expenses if a principal is required to
report payments pursuant to
5-7-208, MCA.
(9) "Personal and necessary living expenses"
means payments or reimbursement by a principal to a lobbyist or an individual
engaged in lobbying activities for meals, food, lodging, or residential
utilities.
(10) "Principal" shall
have the definition set forth in
5-7-102(15),
MCA.
(11) "Public official" shall
have the definition set forth in
5-7-102(16), MCA,
and as specifically designated in ARM
44.12.106 and
44.12.106A.
(12) "Travel expenses" means payments or
reimbursement for transportation costs, including rental car
payments.
Sec.
5-7-111, MCA; IMP, Sec.
5-7-102,
MCA;
