Lobbying is defined as “the practice of promoting or opposing the introduction or enactment of legislation before the legislature or legislators” (MCA 5-7-102(11)). Individuals who engage in these described activities may qualify as a lobbyist and be required to register as such.

Not everyone who engages in lobbying activity is required to register as a lobbyist under Montana law. The term lobbyist does not include:

• • 1- an individual acting solely on the individual´s own behalf,
  • 2- an individual who is not paid, or
  • 3- someone who is paid a total less than $3,000.00 to lobby. This figure is adjusted by the Commissioner each biennium, pursuant to 5-7-112, MCA

Step 1: The lobbyist must register with the Commissioner of Political Practices by submitting a L-1 lobbyist license application. The L-1 application lists the name of the principal(s) the lobbyist will be working for, as well as the subject(s) or issue(s) the applicant will be lobbying for or against. A lobbyist must register within five business days after entering into an oral or written agreement to receive payment(s) of $3,000.00 or more to lobby, or after receiving payment(s) of $3,000.00 or more to lobby.

Step 2: Pay the $150.00 lobbyist registration fee. This can be paid by either the principal on behalf of the lobbyist or the lobbyist personally. There is an option to apply for a waiver if the fee presents a hardship. This registration fee must only be paid once per lobbyist, even if they are employed by multiple principals.

Step 3: The principal register with the Commissioner by submitting an L-2 Principal Authorization Statement or L-3 Principal Registration Application. This document authorizes the lobbyist to lobby on behalf of the principal.

Questions? We are here to help! Contact the Commissioner of Political Practices staff- we are available via telephone at (406) 444-2942, via email at cpphelp@mt.gov and cppcompliance@mt.gov, and in-person at 1209 8th Avenue in Helena.

A "principal" is anyone who employs a lobbyist or a person required to report pursuant to MCA 5-7-208. Principals can also be lobbyists as well. Simply, anyone who spends $3,000.00 or more for lobbying is a principal.

*(subject to change per 5-7-112, MCA)

Any Principal who makes payments or agrees to make payments exceeding $3,000.00 in a calendar year for the purpose of lobbying must complete and file a “Principal Authorization Statement.” Businesses, associations, government agencies and others who pay lobbyists to work on their behalf are considered principals. Principals register with COPP by filing either form L-2 or L-3.

To decide which form is appropriate to submit to COPP, ask:

1. -Have you paid or intend to pay more than $3,000.00 to individual lobbyist/s to lobby on your behalf? If so, you would file a Principal Authorization Statement, form L-2, for each lobbyist. Form L-2 authorizes each individual lobbyist to lobby on the Principal's behalf.
2. -Have you paid or intend to pay more than $3,000.00 in total for purposes of lobbying, but will not pay any individual lobbyist $3,000.00 or more? If so, you would file a Principal Registration Application, form L-3.

Questions? We are here to help! Contact the Commissioner of Political Practices Office at (406) 444-2942, email cpphelp@mt.gov, or stop by the office at 1209 8th Avenue in Helena (one block north of the capitol).

A principal and lobbyist can terminate a lobbying relationship at any time, including before the legislative session ends.

To end a lobbying relationship, the principal must:

1. 1. File a final L-5 that covers the dates from the last submitted L-5 through the day the relationship was terminated. The final L-5 can be filed whenever it is know that the relationship is terminated.
2. 2. Send an email to cppcompliance@mt.gov stating the date the relationship between the specific principal and specific lobbyist is terminated.

Scenario 1: The principal has terminated lobbyist(s) authorized to represent them prior to the start of a speical session in which the prinicpal/lobbyist engage in lobbying activity. In this case both the lobbyist and principal would need to re-register because their original filings were terminated (i.e., the original filings are no longer valid because the COPP has been told the original agreement has been ended).

• First, the lobbyist would need to file a new L-1 application requesting to represent the Principal;
• Second, the Principal would need to file a new L-2 authorization authorizing that lobbyist to lobby on their behalf;
• Third, the $150.00 lobbyist registration fee would need to be paid to complete the lobbyist application.
• The principal would be required to file a Post Special Session L-5 financial report 30 days after adjournment of the special session to disclose money spent on lobbying activity.

Scenario 2: The principal did not terminate lobbyist(s) authorized to represent them  at the conclusion of the regular legislative session. Neither the lobbyist or principal would need to re-register with the COPP, as their original filings would still be valid.

• The principal would still be required to file a Post Special Session L-5 financial report 30 days after adjournment of the special session to disclose money spent on lobbying activity, regardless of activity.