Frequently Asked Questions Regarding Lobbying Activity

Who is a lobbyist?

Anyone who attempts to influence the approval, modification or rejection of any legislation, rulemaking decision, procurement, contract, bid or bid process, financial services agreement or bond issue by members of the legislature or an executive official.

Who is an executive official?

An executive official for lobbying purposes is defined in 67-6602 (g).

(g) "Executive official" means:
(1) The governor, lieutenant governor, secretary of state, state controller, state treasurer, attorney general, and superintendent of public instruction; and any deputy or staff member of one (1) of those individuals who, within the course and scope of his or her employment, is directly involved in major policy influencing decisions for the office.
(2) A state department or agency director, deputy director, division administrator or bureau chief as established and enumerated in sections 67-2402 and 67-2406, Idaho Code;
(3) The membership and the executive or chief administrative officer of any board or commission that is authorized to make rules or conduct rule-making activities pursuant to section 67-5201, Idaho Code;
(4) The membership and the executive or chief administrative officer of any board or commission that governs any of the state departments enumerated in section 67-2402, Idaho Code, not including public school districts;
(5) The membership and the executive or chief administrative officer of the Idaho public utilities commission, the Idaho industrial commission, and the Idaho state tax commission; and
(6) The members of the governing board of the state insurance fund, and the members of the governing board and the executive or chief administrative officer of the Idaho housing and finance association, the Idaho energy resources authority, and the Idaho state building authority.

Is everyone required to register as a lobbyist if they contact a legislator or testify before a legislative committee?

Not every person who lobbies is required to file with the Secretary of State. There are exemptions from registering and reporting.

Are name tags furnished to the lobbyist by the Secretary of State?

No. The Sunshine Law does not require a name tag however, protocol dictates a green name tag with white lettering for lobbyists. Name tags can be obtained from rubber stamp companies and sporting good stores with an engraving service.

When is a lobbyist required to file a registration statement with the Secretary of State?

Before engaging in any lobbying, or within 30 days after being employed as a lobbyist, whichever occurs first.

What is the registration fee?

$10.00. When representing more than one client, a separate registration accompanied by the $10.00 registration fee shall be required for each client.

What is the duration of a lobbyist registration?

Annual.

What reports must be filed by lobbyists?

For legislative lobbyists, monthly reports are required for each month the legislature is in session along with an annual report.

For executive official lobbyists, a semi-annual and an annual report is required.

If someone is lobbying both the legislature and executive officials, the legislative lobbyist reporting frequency applies.

Are activities undertaken by lobbyists for the purpose of developing and maintaining relationships with governmental officials considered "lobbying"?

Activities that cultivate and nurture the relationship between lobbyists and governmental officials are an intrinsic aspect of lobbying and must be reported. Further clarification from the Attorney General's office...[PDF]

Are lobbyist reports required to be filed if there has been no financial activity or lobbying activity by the lobbyist?

Yes. Statutory filing requirements must be met even though there has been no active lobbying during the month.

Can a report be faxed?

Yes. Both sides of the reports must be faxed.

When are monthly reports due?

The monthly reports shall be filed 10 days of the first day of the month for the activities of the month just passed.

When are the semi-annual reports due?

Semi-annual reports must be filed by July 31st.

When are annual reports due?

Annual reports must be filed by January 31 after the end of each year. The office of the Secretary of State sends an annual report form and reminder at the end of year.

If a lobbyist terminates during the year, is an annual report required?

Yes. An annual report must be filed for that portion of the year for which he/she was registered. It is recommended that the annual report be filed at time of termination rather than waiting until the end of the year.

Who must sign the reports?

Only the lobbyist's signature is required on monthly reports. Both the lobbyist's and employer's signatures are required on the annual report.

If the lobbyist is unable to attain the signature of the employer, should the lobbyist wait to file the report until he can get the employer's signature and file late or send the report in without the employer's signature?

FILE TIMELY. Fines of $50.00 per day the report is late can be imposed. A copy of the report will be made and the original return to the lobbyist. The lobbyist shall immediately attain the employer's signature and refile the report with the Secretary of State.

Are living expenses and travel expenses reported by lobbyists?

If the lobbyist is reimbursed for travel or living accommodations expenses, they do not have to be reported.

Can a lobbyist make political contributions?

Yes.

Would the lobbyist report a political contribution as an expense on their report?

Contributions made to any legislator that are required to be reported under other provisions of Idaho's Sunshine Law are not required to be reported on the lobbyist report. A political contribution is reported under the campaign disclosure portion of the Sunshine Law by the individual receiving the contribution.