Generally revise lobbying laws relating to state and local government agencies and non-governmental organizations
Summary
HB 938 would revise Montana’s lobbying laws by adding a new disclosure requirement for lobbyists who represent state or local government agencies or nongovernmental organizations. Before beginning lobbying services for those principals, a lobbyist would have to file an oath-based disclosure stating whether the agency or organization receives federal money, pay a $10 filing fee, and verify that the lobbyist’s compensation is not derived from federal funds. The required disclosure would also need to trace the receipt and use of federal money by the agency or organization.
The bill also amends existing lobbying statutes to add definitions for “federal money” and “nongovernmental organization,” and it updates cross-references in the lobbying code. A lobbyist who fails to comply would be subject to existing penalties for lobbying violations, and knowingly filing a false or incomplete statement would be treated as unsworn falsification to authorities. The act would take effect immediately upon passage and approval.
Impact
HB 938 would add a new compliance layer to Title 5, chapter 7, Montana’s lobbying laws, specifically affecting lobbyists working for state or local government entities and private nonprofit or advocacy organizations. It would require additional disclosures, a filing fee, and sworn verification regarding federal funding sources and compensation, while also exposing noncompliant lobbyists to existing enforcement penalties and criminal liability for false filings. The bill would not broadly change who may lobby, but it would increase reporting obligations and administrative oversight for a subset of principals and lobbyists.
Sentiment
The available voting history suggests the bill faced significant resistance. It was tabled in the House State Administration Committee by an 18-1 vote, and the bill ultimately died in process. That outcome indicates that, despite the bill’s stated purpose of increasing transparency and ensuring compliance with federal anti-lobbying restrictions, the proposal did not generate enough support to advance. No committee transcript is available here, so the recorded vote is the main indicator of sentiment.
Contention
The central point of contention appears to be the bill’s attempt to tie lobbying activity to federal funding sources and to require lobbyists to certify that their compensation is not derived from federal money. Supporters framed the measure as an oversight and compliance tool aimed at state and local governments and nongovernmental organizations that receive federal funds. Opponents likely viewed it as an added burden on lobbying activity, with new filing requirements, fees, and potential penalties, and possibly questioned whether the state should police federal anti-lobbying compliance in this way. The strong tabling vote suggests substantial concern about the bill’s scope or practicality.
To Provide That A Governmental Body Shall Not Use State Or Local Funds To Enter Into A Contract With A Lobbyist For The Purpose Of Lobbying On Behalf Of The Governmental Body.
An Amendment To The Arkansas Constitution Providing That A Governmental Body Shall Not Use State Or Local Funds To Enter Into A Contract With A Lobbyist For Lobbying Purposes.
Definitions of lobbyist and metropolitan governmental unit modified, expert witness lobbying reporting requirements modified, and additional individuals required to file statements of economic interest.