Q: Since Minnesota updated their lobbying law and the changes went into effect at the start of 2024, how will the changes practically affect how lobbyists register and file reports?

A: Minnesota passed legislation affecting lobbying registration and reporting that went into effect on January 1, 2024. To correspond with the changes the Campaign Finance Board (CFB) has updated their lobbyist registration, termination statement, and reporting forms.

Lobbyists should be aware the registration threshold has increased from $250 to more than $3,000 for individuals who spend personal funds to influence government action. Calculating the threshold does not include an individual’s own traveling expenses and membership dues. While the increased threshold allows individuals to track their activities until they reach the higher amount the law expanded the scope of local government lobbying which could lead to more activities being included in determining your registration requirements.

The scope of local government lobbying was expanded by amending the definition of lobbyist to replace all references to metropolitan governmental unit with political subdivision. A political subdivision includes the metropolitan council, a metropolitan agency, including the Metropolitan Parks and Open Space Commission, Metropolitan Airports Commission, and Metropolitan Sports Facilities Commission, and a municipality, including a county, town, city, school district or other municipal corporation or political subdivision of the state authorized by law to enter into contracts. Communication with local officials of a political subdivision will need to be tracked and included in calculating your threshold. The new form released by CFB reflects these changes. Lobbyists will also be required to list the general lobbying categories of interest on registrations.

On the reporting and termination forms, lobbyists will no longer be required to report disbursements. Instead, individuals must affirm whether legislative, administrative, or local governmental action occurred during the reporting period. For each type of governmental action, the lobbyist must include at least one general lobbying category and up to four specific subjects of interest lobbied during the reporting period. For administrative actions, individuals must also include the agency lobbied and revisor number if applicable. Lobbyists must continue to report the amount and nature of each gift, item, or benefit $5 or more, given or paid to any public official, an employee of the Legislature, or a local official, by the lobbyist, an employer, or employee of the lobbyist, and each original source of money in excess of $500 in any year used for the purpose of lobbying.

While the CFB has not released an updated form for the annual report, the new lobbying law requires the total amount spent on each lobbying type during a calendar year to be rounded to the nearest $9,000 instead of the current $20,000. We expect the CFB to release a new form closer to the annual reporting due date.

The information from this response can easily be found on our website in the Lobbying Compliance section of the United States Compliance Laws publication.  Please do not hesitate to contact us if you have questions.

Q: I heard the Indiana Lobby Registration Commission (ILRC) updated their website. How will the changes affect how lobbyists register and file reports?

A: Yes, the ILRC has upgraded their reporting system and new features have been added. Per the ILRC, the updates will be live as of September 2023.

For registrations, memorandums of understanding (MOU) will be filed from within the online filing system. Lobbyists will no longer need to email a digital copy and the MOU will be a part of the online filing process and accessible online. To add a new lobbyist, a lobbyist will be asked to enter the date of the lobbying agreement and the social security or tax identification number. The system will search and verify the lobbyist is not already in the system. If the lobbyist is not in the system, then it will proceed to create a new MOU. If the lobbyist is in the system, instructions will be given on how to proceed. To amend a current MOU, the lobbyist may select their name from a dropdown list and make the appropriate changes to the information.

All filings will now be submitted directly to the ILRC after being approved by either the lobbyist or by the responsible person. Previously, filers were required to do a final submission as the preparer of the report or registration after approval. Going forward, lobbyists will be notified when the filing is approved and submitted directly to the Commission. An audit process has been added to the filing system to ensure the accuracy of filings and the ILRC will reach out if a filing was declined due to an error or omission which must be corrected before it is accepted.

Other changes include upgrades to the system’s search function. As soon as a lobbyist opens their account the dashboard will now include pending filings, MOUs, and appeals. Additional search upgrades include being able to sort previous filings by year, type, status, and confirmation number.

The information from this response can easily be found on our website in the Lobbying Compliance section of the United States Compliance Laws publication.  Please do not hesitate to contact us if you have questions.

Q: What are the different types of lobbyists in Arizona? Which expenditures are required to be reported on the quarterly or annual report? Do expenditures by my contract firm need to be disclosed?

A: In Arizona, there are three main types of lobbyists required to be listed on the principal registration: the designated lobbyist, authorized lobbyists, and Lobbyists for Compensation (LFC). The designated lobbyist acts as the single point of contact for the principal and is required to file quarterly and annual reports. Authorized lobbyists are employed by the principal for the purpose of lobbying, other than the designated lobbyist, listed on the registration and permitted to perform lobbying activities on behalf of the principal.  An LFC is a third-party lobbyist or contract firm compensated for the primary purpose of lobbying on behalf of a principal. While an LFC can act as the designated lobbyist for a principal most companies prefer to use an in-house employee to serve as point of contact for accountability purposes.

The designated lobbyist and each LFC are required to file four separate quarterly reports. The fourth quarter report also requires a cumulative total for the calendar year. While quarterly reports do not require personal expenditures by an authorized lobbyist to be reported, all expenditures must be disclosed in the principal annual report. The principal annual report must also include all reportable expenditures previously disclosed by each LFC on their quarterly reports.

Reportable expenditures provide a benefit to an individual state officer or state employee, whether or not the expenditure was made in the course of lobbying. All expenditures must be reported in one of the following categories: food and beverage; speaking engagement; travel and lodging; flowers; or other expenditures.

Expenditures more than $20 must be itemized and include the name and title of the state officer or employee benefiting; date, amount, and category of expenditure; and the name of the person who made the expenditure on behalf of the principal. Expenditures less than $20 may be reported in the aggregate. Additionally, expenditures for special events require the disclosure of the legislative body invited, date, location, description of event, and the total amount to be disclosed.

I heard the city of Seattle requires reporting and registration for grassroots lobbying? Who is required to register and how do I comply with all reporting requirements?

Yes, any person who spends $1,500 or more within three months or $750 or more within one month to present a program to the public primarily to influence legislation is considered a grassroots lobbying campaign sponsor and must register within 30 days after becoming an indirect lobbyist. The city law is modeled on existing state law requiring similar registration and reporting requirements for state lobbyists.

Every sponsor required to register must also file monthly reports by the 10th day of the month for activity during the preceding month. The report must update the information contained in the registration statement and must report any contributions and expenditures made during the previous month. When the campaign has been terminated, the sponsor must file a notice of termination with the final monthly report.

Registration statements and reports must include the following: (1) information about the sponsor: including name, address, business or occupation, and if the sponsor is not an individual, the names, addresses, and titles of the controlling sponsors; (2) information about the campaign organizers, managers, and anyone hired to assist the campaign: including name, address, business or occupation, and terms of compensation; (3) information about contributors: including the name, address, and the aggregate amount of each person contributing $25 or more; (4) purpose of the campaign: including specific legislation, rates, standards or proposals that are the subject matter of the campaign; and (5) the total expenditures made or incurred to date segregated by category.

While the Seattle Ethics and Elections Commission (SEEC) is working on an updated lobbying reporting application that will allow for online reporting of indirect aka grassroots lobbying sponsorships, it is not yet complete. Registrations and reports may be accomplished with the same form template found on our website and can be emailed back to the commission at ethicsandelections@seattle.gov.

On June 17, the Connecticut Legislature adjourned a special session after passing bills related to the state budget and recreational marijuana use.

The cannabis bill allows applicants from communities affected by high drug-related issues to acquire business licenses.

If signed by Gov. Lamont, Connecticut will become the 19th state to legalize marijuana.

This does not affect lobbyist reporting.

The New York State Legislature adjourned on June 11.

During the legislative session lawmakers introduced and failed to pass bills to ban corporations, limited liability companies, partnerships, and limited liability partnerships from making political contributions; create a restricted period for vendor contributions; and increase required lobbyist disclosures of political contributions and business relationships with public officials.

The Senate is expected to return later this summer regarding the confirmation of state appointments.

The Assembly is expected to continue an impeachment inquiry through the summer months regarding sexual harassment allegations made against the governor.

On June 8, Gov. Janet Mills signed Legislative Document 670 to increase lobbyist registration fees and Legislative Document 1377 amending campaign finance definitions.

Legislative Document 670 raises registration fees for lobbyists from $200 to $250 and lobbyist associates from $100 to $125.

Additionally, Legislative Document 670 allows employers to apply for a fee waiver and the commission may waive the fees in whole or in part if the commission determines an economic hardship to the applicant.

The registration fee increases were proposed by the ethics commission to cover operation costs for the lobbyist regulatory program and to improve its e-filing and public access system.

Legislative Document 1377 amends the definition of independent expenditure and allows a person or committee to request a commission determination that an expenditure is not an independent expenditure within seven days of disseminating the communication.

The bills go into effect 90 days after the end of the Legislature’s first special session.

The Pennsylvania Speaker of the House announced a special election for House District 113 on November 2, the same day as the general election.

The district seat became vacant former Rep. Marty Flynn won a special election to join the state Senate.

The winner of the special election will serve the remainder of Flynn’s term until the end of 2022.

The Connecticut General Assembly adjourned sine die on June 9.

During the session, lawmakers passed House Bill 6574 relating to revisions of the state ethics code.

The bill exempts gifts from an individual’s or spouse’s grandparents from the law prohibiting gifts from restricted donors; clarifies the gift disclosure requirement by a person doing business with a department or agency; and requires executive branch regulatory agencies to annually file a list of positions subject to revolving door provisions.

If signed by the governor, House Bill 6574 becomes effective October 1.

This affects lobbying reporting.

The monthly employer activity report required any month the General Assembly is in regular session is due July 10.

The Vermont General Assembly adjourned sine die on May 21.

Due to COVID-19 restrictions, the 2021 legislative session was conducted remotely.

During the session, lawmakers failed to pass proposed ethics bills including House Bill 64 prohibiting gifts to legislators from lobbying entities.

Lawmakers are expecting to lift all COVID-19 restrictions by the summer and resume an in-person legislative session for 2022.

The Concord City Clerk’s Office announced a special election for City Council Ward 4 to be held on Tuesday, July 13.

The seat is vacant after former Councilor Meredith Hatfield resigned her position due to moving out of the city.

The winner of the special election will serve the remainder of Hatfield’s term until the end of 2021.

The New York Joint Commission on Public Ethics appointed Sanford Berland as the new executive director.

Berland previously served as state judge in both the Court of Claims and Supreme Court of New York.

Before his appointment, the position had been vacant for two years.

Berland becomes the fourth executive director in the ethics agency’s history.

Rhode Island Secretary of State Nellie Gorbea announced a special election for Providence City Council Ward 15 on July 6.

If required, a special primary election is scheduled for June 8.

The city council seat is vacant after Sabina Matos was confirmed and sworn in as lieutenant governor of the state earlier this month.

The winner of the special election will serve the remainder of Matos’s term until the end of 2022.

On April 9, the Philadelphia Board of Ethics announced the 2021 lobbying training schedule.

The virtual lobbyist training covers the basic requirements of the city’s lobbying law for lobbyists, lobbying firms, and principals.

The training will also cover the process of registering and filing expense reports with the Board of Ethics through the Philadelphia Lobbying Information System (PLIS).

Currently, it is not mandatory to attend one of the 2021 lobbying trainings.

Registration for the lobbying training may be accomplished at http://bit.ly/BOELobbyTraining.

All trainings will be held from 4 p.m. to 5 p.m. via Zoom on April 20, July 9, and October 14.

More dates may be added at a later time and dates are subject to change.

Questions regarding the schedule or training may be directed to the Board of Ethics at Lobbying@phila.gov or BOE.Training@phila.gov.