54-05.1 Legislative Lobbying
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<![CDATA[CHAPTER 54-05.1LEGISLATIVE LOBBYING54-05.1-01. Legislative intent. It is hereby declared to be the intent of the legislativeassembly to require that lobbyists register as such before engaging in lobbying activity and to<br>require certain reporting procedures by lobbyists.54-05.1-02. Applicability - Meaning of lobbyist.1.This chapter applies to any person who, in any manner whatsoever, directly or<br>indirectly, performs any of the following activities:a.Attempts to secure the passage, amendment, or defeat of any legislation by the<br>legislative assembly or the approval or veto of any legislation by the governor of<br>the state.b.Attempts to influence decisions made by the legislative management or by an<br>interim committee of the legislative management.2.This chapter does not apply to any person who is:a.A legislator.b.A private citizen appearing on the citizen's own behalf.c.An employee, officer, board member, volunteer, or agent of the state or its<br>political subdivisions whether elected or appointed and whether or not<br>compensated, who is acting in that person's official capacity.d.Invited by the chairman of the legislative management, an interim committee of<br>the legislative management, or a standing committee of the legislative<br>assembly to appear before the legislative management, interim committee, or<br>standing committee for the purpose of providing information.e.An individual who appears before a legislative committee for the sole purpose<br>of presenting testimony on behalf of a trade or professional organization or a<br>business or industry if the individual is introduced to the committee by the<br>registered lobbyist for the trade or professional organization or the business or<br>industry.3.For the purposes of this chapter, persons required to register under this chapter<br>because of the performance of the activities described in subsection 1 must be<br>known as "lobbyists".54-05.1-03.Registration as a lobbyist - Fee - Filing of information - Publicinspection - Certificate of registration.1.a.Before engaging in any of the activities listed in section 54-05.1-02, an<br>individual shall register with the secretary of state and receive a certificate of<br>registration and a distinctive lobbyist identification badge that must be<br>prominently worn by the lobbyist when engaged in any of the activities listed in<br>section 54-05.1-02 while on the capitol grounds. In lieu of wearing the official<br>badge provided by the secretary of state, a lobbyist may wear a reasonable<br>reproduction of the official badge that contains the name of the lobbyist and any<br>of the following: the word lobbyist, the registration number of the lobbyist, or<br>the organization name of the lobbyist in characters no smaller than one-quarter<br>inch [6.35 millimeters].Page No. 1b.The registrant shall state in writing:(1)The registrant's full name and business address; and(2)The name and address of any person upon whose behalf the registrant<br>appears, any person in whose interest the registrant appears or works,<br>the duration of the employment or appearances, and by whom the<br>registrant is paid or is to be paid.c.The registration period commences on July first and expires on June thirtieth of<br>the following calendar year unless an earlier expiration date is requested by the<br>registrant.d.Each lobbyist shall file with the secretary of state, before the issuance of a<br>certificate of registration, a written authorization to act as a lobbyist.Theauthorization must be signed by the official of the corporation, limited liability<br>company, association, group, or organization employing the lobbyist and may<br>be filed by facsimile transmission.e.The secretary of state shall charge a fee of twenty-five dollars for registering<br>each lobbyist and the first person represented by the lobbyist and an additional<br>fee of fifteen dollars for each subsequent person represented by the lobbyist.2.Each lobbyist shall file, on or before August first following the expiration of the<br>registration period, with the secretary of state a detailed report. The report must<br>include a statement as to each expenditure, if any, of sixty dollars or more expended<br>on any single occasion on any individual, including the spouse or other family<br>member of a member of the legislative assembly or the governor, in carrying out the<br>lobbyist's work or include a statement that no reportable expenditures were made<br>during the reporting period.The statement of each expenditure must include adescription of the nature of the expenditure, the amount of the expenditure, the date<br>of the expenditure, and the name of the recipient of the expenditure. A state official<br>or agency may not require reporting of lobbyist expenditures other than is required<br>under this subsection. The secretary of state shall provide a prescribed form for<br>reporting under this chapter. The secretary of state shall charge and collect fees for<br>late filing of the detailed expenditure report as follows:a.Within sixty days after the date provided in this subsection for filing the detailed<br>expenditure report, twenty-five dollars; andb.Thereafter, fifty dollars.3.If a lobbyist fails to file a detailed expenditure report and pay any late fee by October<br>first, the lobbyist's registration is automatically revoked. The lobbyist's registration<br>may be reinstated if the lobbyist thereafter files the detailed expenditure report and<br>pays any outstanding late fee.4.All information required to be filed under this section with the secretary of state and<br>that previously filed must be compiled by the secretary of state within forty days after<br>the close of the period for which the information is filed and the files must be open<br>and accessible for public inspection during the normal working hours.54-05.1-04. Powers of secretary of state - Granting and revoking of certificates -Referrals and reports to the attorney general.1.The secretary of state shall:Page No. 2a.Grant a certificate of registration and design and furnish a distinctive lobbyist<br>identification badge to any individual registering under section 54-05.1-03 who<br>supplies the required information.b.Revoke the certificate of registration of any individual who has been convicted<br>of violating any provision of this chapter.c.Refer on the secretary of state's own motion or on the verified complaint of any<br>other person, to the attorney general for investigation, the activities of any<br>individual who the secretary of state has reason to believe has been acting as a<br>lobbyist and who may be in violation of this chapter.d.Make available upon request of any citizen expenditures by categories reported<br>by registered lobbyists to have been expended on each individual in carrying<br>out that registrant's work.e.Supply a current list of registered lobbyists for each legislator upon request.2.The secretary of state may revoke the certificate of registration issued under this<br>chapter for failure to file the reports required by this chapter when due, but no<br>certificate may be revoked if, before the last day for filing the reports, the secretary<br>of state has been informed in writing of extenuating circumstances justifying the<br>failure.3.The secretary of state shall compile and make available to the public a report of the<br>total amount of expenditures reported by registrants.4.The secretary of state may establish procedures for registration of lobbyists and<br>filing of lobbyist expenditure reports through the internet or other electronic means,<br>and may make lobbyist expenditure reports available on the secretary of state's<br>internet web site.54-05.1-05. Invitations and gifts to legislators.1.When any lobbyist invites a legislator to attend a function sponsored in whole or in<br>part by the lobbyist or the principal, the lobbyist shall, upon the request of the<br>legislator, supply the legislator with the true or estimated cost of the gratuity and<br>allow the legislator to attend the function and pay the legislator's own share of the<br>expenses.2.When any lobbyist offers a gift of a non-information-bearing nature to a legislator,<br>the lobbyist shall, upon the request of the legislator, supply the legislator with the<br>true or estimated cost of the gratuity and allow the legislator to pay the cost of and<br>receive the gift.54-05.1-06. Unlawful means to influence legislative assembly. In addition to theviolation of any other provision of this chapter, it is unlawful for any lobbyist or for any other<br>person:1.To directly or indirectly give or agree to give any money, property, or valuable thing,<br>or any security therefor, to any person for that person's service or the service of any<br>other person in procuring the passage or defeat of any measure before the<br>legislative assembly or either house thereof, or before any committee thereof, upon<br>the contingency or condition that any measure will be passed or defeated.2.To directly or indirectly receive or agree to receive any such money, property, thing<br>of value, or security for such service, upon any such contingency or condition, as set<br>forth in the preceding subsection.Page No. 33.To attempt to influence any member of the legislative assembly without first making<br>known to such member the real and true interest the person has in such measure,<br>either personally or as agent or attorney.54-05.1-07. Penalty. Any person who violates any provisions of this chapter is guilty of aclass B misdemeanor except that a violation of section 54-05.1-02 or 54-05.1-03 is an infraction.Page No. 4Document Outlinechapter 54-05.1 legislative lobbying]]>