44.12.202    PRINCIPALS--REPORTS--MAINTENANCE OF RECORDS

(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.

History: 5-7-111, MCA; IMP, 5-7-208, MCA; 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.