State Lobbying Disclosure Requirements

This page looks at state lobbying disclosure requirements.

= State-by-State Disclosure =

Reporting Frequency, Registration Thresholds, Timeliness of Registration, Registration Fees, and Penalties
The following states were chosen for further investigation based on having good disclosure ratings by the NCSL.

Colorado
"Under COLO. REV. STAT. § 24-6-302 (2008), professional lobbyists must file monthly and annual financial disclosure statements with the Secretary if certain conditions are met. First, COLO. REV. STAT. § 24-6-302(2) (2008) states: “Any person who makes expenditures for gifts or entertainment purposes for the benefit of covered officials in the aggregate amount of $200 in a calendar year shall file disclosure statements with the [Secretary].” Second, COLO. REV. STAT. § 24-6-302(2.5)(a) (2008) states: “A registered professional lobbyist and any firm organized for professional lobbying purposes that employs such lobbyist shall file 8 disclosure statements . . . [and] such a disclosure statement . . . shall contain the gross income for lobbying since the prior month’s disclosure statement and the name and address of any person from whom gross income for lobbying is received totaling $100 or more.” Financial disclosure statements must be filed within 15 days after the end of the first calendar month in which any contribution or gross income for lobbying is received or any expenditure is made or incurred for lobbying. On or before July 15 of each year, a cumulative disclosure statement for the entire state fiscal year is due. The cumulative disclosure statement located Statement%2008-08.pdf here. Under COLO. REV. STAT. § 24-6-302(5) (2008), volunteer lobbyists do not have to file financial disclosure statements with the Secretary." "Professional Lobbyists and Lobbyist Firms: Gross income for lobbying since last statement; name, address of any source providing $100 or more. (Separate disclosure statements not required for sources named above.) Name of public officials to or for whom expenditures of $50+ have been made by or on behalf of the disclosing person for gifts or entertainment in connection with lobbying; include amount, date, and principal purpose of the gift or entertainment. (All amounts a professional lobbyist spends on a covered official for which the lobbyist is reimbursed, or the source of which is a contribution, shall be deemed to be for gift or entertainment purposes.) Sum of expenditures made by or on behalf of the disclosing person to covered officials (this term includes legislators) for gift or entertainment purposes in connection with lobbying which are not already stated. Cumulative reports must be filed annually. Annual reports should identify the source and amount of all income for lobbying. If any business is subcontracted, only the subcontractor needs to file reports. The firm that subcontracted must file an addendum stating the total amount of gross income that is being reported by another firm." Persons who spend more than $200 in a calendar year on gifts or entertainment benefiting a public official: Expenses for personal needs, such as meals, travel, lodging, parking need not be reported. Report: name, address of persons contributing $100 or more to or for the disclosing person for lobbying during the calendar year; amount of contribution. Sum of contributions made to or for the disclosing person for lobbying since the last disclosure statement. Sum of contributions since last disclosure statement not required to be listed individually. Name of public officials to or for whom expenditures of $50+ have been made by or on behalf of the disclosing person for gifts or entertainment in connection with lobbying; include amount, date, and principal purpose of the gift or entertainment. (All amounts a professional lobbyist spends on a covered official for which the lobbyist is reimbursed, or the source of which is a contribution, shall be deemed to be for gift or entertainment purposes.) Sum of expenditures made by or on behalf of the disclosing person to covered officials (this term includes legislators) for gift or entertainment purposes in connection with lobbying which are not already stated. State Official or State Employee Lobbyists: Legislation official or employee is lobbying on. Amount of each expenditure of public funds used for lobbying. Estimate of the time spent on lobbying or preparation thereof by any state official or employee of the department.
 * Report on Colorado lobbying disclosure requirements - Alliance for Justice
 * Lobbyist Activity Report Requirements - National Conference of State Legislatures

Wisconsin
"Aggregate total lobbying expenditures made by principal and all lobbyists employed, excluding expenses for clerical support. Include compensation and reimbursements to lobbyists. Include expenses incurred while preparing to perform lobbying services, if research conducted is less than 3 years old. Include, if over $500, advertising campaigns or costs of other efforts to urge the general public to attempt to influence legislative or administrative action. Names, addresses of lobbyists who made or incurred more than $200 in lobbying expenses during the period, amount. If lobbyist is an employee, officer or director of the principal, include expenses for office space, utilities and employees used in preparing lobbying communications. For each legislative or administrative action or subject the principal spends more than 10% of his or her time lobbying on, an estimate of the time spent lobbying on it. Daily itemized record of time spent lobbying, segregated by: meetings with officials; research and preparation. Names of principal employees who is not a lobbyist, but devoted time to lobbying communications. Names of officials to whom certain reimbursements were paid, amount and date. Expenses for personal travel and living expenses except for those of unpaid volunteers whose primary traveling purpose is other than lobbying." "The Government Accountability Board maintains an online database containing the most complete lobbying information in the United States. Information is reported in realtime, and is searchable by issue, bill, lobbying organization and legislative session. It displays every organization lobbying on a bill or legislative proposal, as well as how much time and money each organization puts into its lobbying effort every six months."
 * Lobbyist Activity Report Requirement - National Conference of State Legislatures
 * Lobbying - Government Accountability Board of Wisconsin
 * Wisconsin's Regulation of Lobbying
 * Reporting Requirements Once an Individual is Registered as a Lobbying Principal - Government Accountability Board
 * Report on Wisconsin Lobbying Disclosure Requirements - Alliance for Justice
 * Contact: gab@wi.gov

New York
"Lobbyists: Lobbyist's name, address, phone number. Lobbyist's client's name, address, phone. General description of subjects lobbied on, as well as the legislative bill numbers of any bills and the rule, regulation, and ratemaking numbers on which the lobbyist has lobbied. Names of people, organizations, or legislative bodies before which the lobbyist has lobbied. Compensation paid or owed to the lobbyist, and any lobbying expenses, to be listed in the aggregate if $75 or less and individually if more than $75. For items listed individually, disclose the amount, recipient and purpose. Expenses not to include: personal sustenance; printing and mailing less than $500. Must report lobbying activities for grants, loans and other disbursements of public funds over $15,000.""Public Corporations: Public corporation's name, address, phone number. Names, addresses, phones of all lobbyists retained, employed or designated. Copies of all agreements relating to each such retainer, employment or designation, and if the agreement was oral, a statement of its substance. General description of subjects lobbied on, as well as the legislative bill numbers of any bills and the rule, regulation, and ratemaking numbers on which the lobbyist and the public corporation have lobbied. Names of people, organizations, or legislative bodies before which the public corporation or its lobbyists have lobbied. Compensation paid or owed to each lobbyist and any expenses whether directly for the benefit of public officials or through lobbyists. List expenses in the aggregate if $75 or less and individually if more than $75. For items listed individually, disclose the amount, recipient and purpose. Expenses not to include: personal sustenance; printing and mailing less than $500. Clients who spend more than $2,000 a year lobbying must file semi-annual reports with similar information as above. (Lobbyists and public corporations must file bimonthly.)"
 * Lobbying Forms and Instructions - New York State Commission on Public Integrity
 * Memo to registered lobbyists re: 2009-2010 registration filing requirements - New York State Commission on Public Integrity
 * Lobbyist Activity Report Requirement - National Conference of State Legislatures

Nebraska
"Lobbyists: Amounts spent on lobbying expenses, itemized, in these categories: miscellaneous expenses; entertainment, including expenses for food and drink, lodging, travel, lobbyist compensation, lobbyist expense reimbursement, admissions to a state-owned facility or a state-sponsored industry or event, and extraordinary office expenses directly related to the practice of lobbying. Amount, terms, recipient of any money loaned, promised, paid by a lobbyist, principal, or anyone acting on behalf of either to an official in the executive or legislative branch or member of such official's staff. Total spent on gifts, other than admissions to a state-owned facility or a state-sponsored industry or event, aggregated in these categories: legislators, executive branch officials. Aggregate expenses for entertainment, admissions, and gifts for each of the following categories of elected officials: legislators and officials in the executive branch of the state. When the nature of an event at which members of the Legislature or executive branch are entertained makes it impractical to determine the actual cost, the cost of entertainment shall be the average cost per person multiplied by the number of members of the Legislature or executive branch in attendance. Although these reports are required quarterly, a separate, additional report is required anytime a lobbyist or principal receives or spends more than $5,000 in one month for lobbying purposes.""Principals: All of the above, plus names, addresses of people who gave more than $100 in any one month for lobbying purposes."
 * Nebraska Revised Statutes Chapter 49
 * Nebraska Accountability and Disclosure Commission Website
 * Nebraska Accountability and Disclosure Commission authority
 * Lobbyist Activity Report Requirement - National Conference of State Legislatures

Washington
"Lobbyists: Total lobbying expenditures by the lobbyist or on the lobbyist's behalf, segregated according to lobbyist employer and financial categories including: compensation; food and refreshments; living accommodations; advertising; travel; contributions; and other expenses or services. For expenditures of more than $25, give date, place, amount, names of those partaking. (Unreimbursed personal living expenses, office expenses including rent and salaries for paid staff not required to be reported.) Itemized list of contributions of money or personal property to candidates, elected officials and state agency officials or employees with date, amount, name of recipient. Subject matter of legislative or rule-making activity the lobbyist is lobbying on. Listing of each gift or honorarium of more than $50 to a public official with date, recipient and value. Total expenditures for lobbying expenses including political advertising, public relations, telemarketing, polling, including amounts, to whom paid and brief description of activity." "Lobbyist employers: Names of public officials or their family members to whom a lobbyist employer has paid compensation more than $500 in the preceding calendar year for personal employment or professional services, amount of compensation paid. Names of state officials to whom the reporting party made expenditures, amount, purpose. Total lobbying expenditures, whether through a lobbyist or not. All contributions made to a candidate or political committee supporting or opposing a statewide ballot proposition. Names, addresses of lobbyists employed, and total expenditures by each. Names, offices sought, party affiliations of candidates for state offices supported or opposed by independent expenditures of the person reporting, amount. Identifying proposition number, brief description of any statewide ballot proposition supported or opposed by expenditures not reported under this subsection, amount of each such expenditure. Additional special reports are required if contributions over $100 to certain public officials made." "State or local agencies: Name of the agency filing the statement. Name, title, and job description and salary of each elected official, officer, or employee who lobbied. General description of the nature of the lobbying. Proportionate amount of time spent on the lobbying. Listing of expenditures incurred by the agency for lobbying including but not limited to travel, consultant or other special contractual services, and brochures and other publications, the principal purpose of which is to influence legislation." "All of the above: Certain grassroots lobbying campaign expenses must be reported, under 42.17.200."
 * Washington State Public Disclosure Commission
 * Chapter 42.17: Disclosure, Campaign Finances, Lobbying
 * Reporting by Lobbyists - Washington State Legislature
 * Lobbyist Activity Report Requirement - National Conference of State Legislatures

Rhode Island
"Complete report of lobbying expenditures including advertising; compensation paid to the lobbyists; all campaign contributions in excess of $100 to state and municipal elected officials and state political action committees; expenditures, gifts, and honorariums to public officials of $25 or more for each occurrence; The report shall include the names of the individuals receiving or in whose behalf the expenditures have been made, and the reason, date, and place of the expenditures."
 * Lobbyists &amp; Lobbying - Office of the Secretary of State of Rhode Island
 * Statutes Chapter 22-10: Lobbying
 * Lobbying Rules and Regulations - Office of the Secretary of State of Rhode Island
 * Lobbyist Activity Report Requirement - National Conference of State Legislatures

Maryland

 * State Ethics Commission
 * Lobbying Information - State Ethics Commission
 * Lobbyist Activity Report Requirement - National Conference of State Legislatures

Indiana
"Separate report for each entity that pays the lobbyist for lobbying services. Total lobbying expenditures in at least these categories: compensation to others who perform lobbying services; reimbursement to others who perform lobbying services; receptions; entertainment, including meals (except functions all legislators are invited to); gifts made to a legislative person. A statement of each: expenditure for entertainment (including meals and drink); or gift that equals fifty dollars ($50) or more in one (1) day, or expenditures for entertainment (including meals or drink) or gifts that together total more than two hundred fifty dollars ($250) during the calendar year, if the expenditures are gifts made by the lobbyist or the lobbyist's agent to benefit a specific legislative person. A list of the general subject matter of each bill or resolution concerning which a lobbying effort was made within the registration period. The name of each member of the general assembly from whom the lobbyist has received an affidavit required under IC 2-2.1-3-3.5 (Expenses for office, personal sustenance, services of support staff that are not lobbyists need not be reported.)" "A lobbyist shall file a written report whenever the lobbyist makes a gift with respect to a legislative person that is required to be included in a report under section 3(a)(3) of this chapter. This report must state the following: the name of the lobbyist making the gift; a description of the gift; the amount of the gift." "A report of an expenditure with respect to a particular legislative person: must report actual amounts; may not allocate to the particular legislative person a prorated amount derived from an expense made with respect to several legislative persons; to the extent practicable. An activity report must report expenditures for a function or activity to which all the members of a legislative body are invited. Expenditures reported for a function or activity described in this subsection may not be allocated and reported with respect to a particular legislative person. If two (2) or more lobbyists contribute to an expenditure, each lobbyist shall report the actual amount the lobbyist contributed to the expenditure."
 * Indiana Lobbyist Handbook
 * Indiana Lobby Registration Commission
 * Lobbyist Activity Report Requirement - National Conference of State Legislatures

Montana
"If payments are made to influence any official action by a public official or made to influence other action and legislative action, report must include all payments in which the principal spent $5,000 or more. Itemized and identifying payee and beneficiary, in these categories: printing; advertising; postage; travel; salaries and fees, including allowances, rewards, and contingency fees; entertainment, including food and refreshment; telephone; other office expenses. Lobbying expenses worth at least $25 to benefit a public official. Lobbying expenses worth at least $100 to benefit more than one public official, but if an entire chamber is invited, list the beneficiary as such. Contributions, membership fees of $250 or more per year paid to the principal for lobbying purpose, with full address of each payer and issue area for which payment was earmarked. Official actions on which the principal or the principal's agents exerted a major effort, statement of principal's position." = Disclosure of Legislator/Lobbyist Meetings =
 * Monana Rules Governing Disclosure
 * Instructions for Form L-5 Lobbying Financial Report - Montana Commissioner of Political Practices
 * Lobbying Frequently Asked Questions - Montana Commissioner of Political Practices
 * Lobbyist Activity Report Requirement - National Conference of State Legislatures

State governments do not provide a useful model for disclosure of lobbyists meeting with legislators. Even states regarded as having strict lobbying disclosure requirements have not implemented any requirements of this nature. The Wisconsin Government Accountability Board’s Division of Ethics and Accountability says that there have been proposals from time to time suggesting meeting disclosure, but that nothing has ever come of it. There is some meeting disclosure on both a local and international level, however. San Francisco, Canada, and a county and a city in Florida are all worth noting.

San Francisco
San Francisco’s lobbyist ordinance mandates that lobbyists who cross a certain threshold (paid more than $3,000 during a three month period for lobbying activities) register as a lobbyist and submit monthly activity reports. Unlike the activity reports mandated on the state level that I have examined, these activity reports are required to include details of every contact with a public official including but not limited to meetings, emails, phone calls, and personal political contributions. The San Francisco Ethics Commission maintains a Directory of Contacted Public Officials where these lobbyist-official contacts are broken down by public official and each contact is documented with information including date, subject area, lobbyist, client, issue, and outcome sought. While there are penalties for failing to disclose properly, it is difficult to check on disclosure accuracy. The Ethics Commission does conduct periodic reviews of reports and follows up with any report that seems inaccurate. It is important to note that the burden is completely on the lobbyist, not on the public official at all. It seems that San Francisco’s detailed activity reports are the next step in the right direction for other methods that don’t include these requirements, but that another step even further would be to require both the lobbyist and the public official to submit the same detailed activity reports regarding lobbying contacts. This would make it easier to confirm the accuracy of both reports.

Canada
Canada has similarly strict activity reporting requirements (summarized here) as stated in the Lobbyists Registration Act. Lobbyists are required to file monthly reports if they engage in oral or arranged communication such as telephone calls or meetings with designated public office holders. For each contact with a public official, the report must include the date of the contact, the name and title of public office holders included in the contact, and the subject of the communication. As with San Francisco, the burden is on the lobbyist, not the public official.

Florida
Two instances on the local level in Florida are worth noting as well.

"All visitors and lobbyists are required to sign visitor logs, maintained and kept available in the reception areas of the mayor and board, prior to meeting with the country mayor, a county commissioner, county administrator, or any of their staff. These logs are available for storage and public inspection in the county department or an office specified by the mayor. If a lobbyist or principal engages in lobbying outside of the actual county offices, the lobbyist or principal is required to provide the same required information to the county department or office within seven days of the contact." "Any ex parte communication with a local public official (oral or written) relating to pending quasi-judicial action is required to be disclosed and made part of the record before final action on the matter Disclosure must be made before or during the public meeting during which a vote is taken on the matter so that anyone who has opinions contrary to those expressed in the ex parte communication are provided with a reasonable opportunity to refute or respond to the communication If it is discovered that ex parte communication was not disclosed appropriately, the board decision is voided. The city governing body can refer the matter back to the advisory board for a new deliberation after sufficient disclosure compliance, or it may waive the advisor board review and consider the requested quasi-judicial development order in light of the revised record. If an ex parte communication was made with a participating board member or elected official, the city governing body must obtain disclosure and review their decision in light of the new information."
 * Orange County Code of Ordinances, Article X, Sec. 2-353 requires visitor logs to be maintained with information regarding meetings with designated officials and made publicly available.
 * City of Plantation Code of Ordinances Part Two, Section 1-15: http://www.plantation.org/docs/ordinances/chap1.pdf requires any ex parte communication with public officials to be disclosed prior to a vote on the matter discussed. In this case the burden is on the public officials themselves. There is no reporting requirement in this regard for lobbyists. Public officials are required to verbally announce any ex parte communication they have had at City Council meetings. These announcements are included in the meeting minutes, which are public record.

Helpful Resources
In conducting this research, three websites were particularly helpful for providing a general overview of all state lobbying disclosure requirements. For future reference:


 * http://www.ncsl.org/default.aspx?tabid=15352#co
 * http://www.ncsl.org/default.aspx?tabid=15356#ne
 * http://sunshinereview.org/index.php/Lobbyist_registration_guidelines

= State Disclosure Updates =


 * Tennessee has passed a bill allowing corporations to contribute to political candidates - Lobby Comply Blog, June 2, 2011
 * The Iowa state legislature has passed a bill streamlining lobbyist reporting and registration requirements. The bill is now waiting to be approved by Governor Branstad - Lobby Comply Blog, April 27, 2011
 * The North Carolina state legislature has introduced a bill that would limit pay-to-play activities - Lobby Comply Blog, April 26, 2011
 * While Maryland lobbying reform efforts in the 1990s and 2001 have increased disclosure and transparency, the measures have ultimately contributed to the development of an unequal playing field where money buys access - Maryland Reporter, April 25, 2011
 * Tennessee passed a bill that revises filing deadlines for employer disclosure reports from within 45 days of March 31 and September 30 to within 45 days of June 30 and December 31 - Lobby Comply, April 25, 2011
 * The South Carolina Senate Finance Committee has weakened a provision passed by the House that would eliminate taxpayer-funded lobbying - The Nerve, April 25, 2011
 * While Hawaii's disclosure laws were intended to increase transparency, they have not been very successful. Over 90 percent of financial disclosures required to be filed by public employees and politicians never become publicly available - Honolulu Civil Beat, April 25, 2011
 * Opinion: A New Hampshire resident advocates for limiting lobbying to a volunteer activity, saying, "If folks want to volunteer to lobby, that's okay, but they should not be paid to pressure those who serve us." - Concord Monitor, April 21, 2011
 * Jon Ralston investigates the influence and dealmaking that went on in Nevada regarding a PokerStars "influence-peddling attempt" that "badly backfired." - Las Vegas Sun, April 20, 2011
 * Opinion: The Lake Wales News opines that the editors would like to "see a law that clamps down on the big soft-money contributions lobbyists can make to legislator’s political organizations." - The Lake Wales News, April 20, 2011
 * Opinion: Many of the financial disclosure laws governing elections in Oregon are "woefully out of date." - Oregon Live, April 16, 2011
 * The Georgia General Assembly passed a bill that requires lobbyists to report money spent on the behalf of or for the benefit of public employees when trying to influence public officials. - Lobby Comply Blog, April 15, 2011
 * West Virginia has passed a bill prohibiting state government employees from lobbying for one year after leaving office. - Lobby Comply Blog, April 14, 2011
 * The son of a South Carolina state Senator Bill Sandifer (R) is an unregistered lobbyist for S.C. Blue Cross Blue Shield. - Fits News, April 13, 2011
 * The Georgia House of Representatives just voted to add requirements that lobbyists report "expenditures made on behalf or for the benefit of a public employee for the purpose of influencing a public officer." The bill now heads to the Senate. - Lobby Comply Blog, April 13, 2011
 * New Mexico has passed legislation preventing the existence of a revolving door between state and local government and the contractor industry. - Lobby Comply Blog, April 13, 2011
 * Colorado's Ethics Commission has increased the limit on gifts given to public officials from $50 to $53 per year. - Lobby Comply Blog, April 12, 2011
 * A bill has been introduced in the California General Assembly that would both expand the scope of state campaign finance reporting laws as well as simplify the reporting schedule. - Lobby Comply Blog, April 6, 2011
 * Nebraska lobbyists have had a long tradition of camping out in the Capitol Rotunda with folding chairs to wait for a chance to grab legislators after the conclusion of committee hearings. That practice has recently ended, with Speaker Mike Flood having padded wooden benches installed for convenience. - Journal Star, April 1, 2011