§ 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.)