2005 Vermont Code - § 264. — Reports of expenditures

§ 264. Reports of expenditures

(a) Every employer and every lobbyist registered or required to be registered under this chapter shall file disclosure reports with the secretary of state as follows:

Subdivision (a)(1) effective until January 1, 2007; see also subdivision (a)(1) set out below.

(1) on or before March 25, for the preceding period beginning on January 1 and ending with the month of February;

Subdivision (a)(1) effective January 1, 2007; see also subdivision (a)(1) set out above.

(1) on or before April 25, for the preceding period beginning on January 1 and ending with the month of March;

(2) on or before July 25, for the preceding period beginning on March 1 and ending with June 30;

(3) on or before January 25, for the preceding period beginning on July 1 and ending with December 31.

Subsection (b) effective until January 1, 2007; see also subsection (b) set out below.

(b) An employer shall disclose for the period of the report the following information:

(1) a total of all lobbying expenditures, to the nearest $200.00, made by the employer;

(2) the total amount of compensation, to the nearest $200.00, paid to lobbyists for lobbying, provided the report need not identify the lobbyists to whom compensation was paid and it shall be sufficient to include a prorated amount based on the value of the time devoted to lobbying where compensation is to be included for a person whose activities under this chapter are incidental to regular employment; and

Subsection (b) effective January 1, 2007; see also subsection (b) set out above.

(b) An employer shall disclose for the period of the report the following information:

(1) A total of all lobbying expenditures made by the employer in each of the following categories:

(A) advertising, including television, radio, print, and electronic media;

(B) expenses incurred for telemarketing, polling, or similar activities if the activities are intended, designed, or calculated, directly or indirectly, to influence legislative or administrative action. The report shall specify the amount, the person to whom the amount was paid, and a brief description of the activity;

(C) contractual agreements in excess of $100.00 per year or direct business relationships that are in existence or were entered into within the previous 12 months between the employer and:

(i) a legislator or administrator;

(ii) a legislator's or administrator's spouse or civil union partner; or

(iii) a legislator's or administrator's dependent household member;

(D) the total amount of any other lobbying expenditures.

(2) The total amount of compensation paid to lobbyists for lobbying. The employer shall report the name and address of each lobbyist to which the employer pays compensation. It shall be sufficient to include a prorated amount based on the value of the time devoted to lobbying where compensation is to be included for a lobbyist whose activities under this chapter are incidental to regular employment or other responsibilities to the employer.

(3) An itemized list of every gift the value of which is greater than $15.00, made by or on behalf of the employer to or at the request of one or more legislators or administrative officials or a member of a legislator's or administrative official's immediate family. With respect to each gift, the employer shall report the date the gift was made, the nature of the gift, the value of the gift, the identity of any legislators or administrative officials who requested the gift, and the identity of any recipients of the gift. Monetary gifts, other than political contributions, shall be prohibited.

Subsection (c) effective until January 1, 2007; see also subsection (c) set out below.

(c) A lobbyist shall disclose for the period of the report the following information:

(1) a total of all lobbying expenditures, to the nearest $200.00, made by the lobbyist; and

(2) an itemized list of every gift, whether or not made in connection with lobbying, the value of which is greater than $5.00, made by or on behalf of a lobbyist to or at the request of one or more legislators or administrative officials, and with respect to each gift, the date made, the nature of the gift, the value of the gift, the identity of any legislators or administrative officials who requested the gift and the identity of any recipients of the gift, except gifts reported by an employer.

Subsection (c) effective January 1, 2007; see also subsection (c) set out above.

(c) A lobbyist shall disclose for the period of the report the following information:

(1) A total of all lobbying expenditures made by the lobbyist in each of the following categories:

(A) advertising, including television, radio, print, and electronic media;

(B) expenses incurred for telemarketing, polling, or similar activities if the activities are intended, designed, or calculated, directly or indirectly, to influence legislative or administrative action. The report shall specify the amount, the person to whom the amount was paid, and a brief description of the activity;

(C) contractual agreements in excess of $100.00 per year or direct business relationships that are in existence or were entered into within the previous 12 months between the employer and:

(i) a legislator or administrator;

(ii) a legislator's or administrator's spouse or civil union partner; or

(iii) a legislator's or administrator's dependent household member;

(D) the total amount of any other lobbying expenditures.

(2) The total amount of compensation paid to a lobbyist for lobbying, including the name and address of each registered employer who engaged the services of the lobbyist reporting. It shall be sufficient to include a prorated amount based on the value of the time devoted to lobbying where compensation is to be included for a lobbyist whose activities under this chapter are incidental to other responsibilities to the employer.

(3) An itemized list of every gift, the value of which is greater than $15.00, made by or on behalf of a lobbyist to or at the request of one or more legislators or administrative officials or a member of the legislator's or administrative official's immediate family. With respect to each gift, the lobbyist shall report the date the gift was made, the nature of the gift, the value of the gift, the identity of any legislators or administrative officials who requested the gift, and the identity of any recipients of the gift. Monetary gifts, other than political contributions, shall be prohibited.

(d) Reports for the period July 1 through December 31 shall include, in addition to the totals for the period of the report, totals for the calendar year.

(e) At the same time a report itemizing gifts is filed, the employer or lobbyist shall mail or deliver a copy of the report to the legislators and administrative officials identified in the report.

Subsection (f) effective until January 1, 2007; see also subsection (f) set out below.

(f) Within 15 days after the date disclosure reports are to be filed under this section, the secretary shall file a compilation of the disclosure reports with the legislative council. Compilations of disclosure reports received during the legislative session shall be published in the calendars of the house and senate.

Subsection (f) effective January 1, 2007; see also subsection (f) set out above.

(f) If an unsolicited gift is given to a legislator or administrative official by a lobbyist or employer and the recipient does not use it and returns it to the donor within 30 days or the donor is reimbursed for its fair market value, it shall not be considered a "gift" and shall not be required to be reported as such by the donor to the secretary of state. If the item has already been reported as a gift, the lobbyist or employer shall file an amended report with the secretary of state.

Subsection (g) effective until January 1, 2007; see also subsection (g) set out below.

(g) Disclosure reports shall be made on forms published by the secretary of state and shall be signed by the employer or lobbyist. The secretary of state shall mail those forms to registered employers and lobbyists not later than 30 days before the end of each reporting period.

Subsection (g) effective January 1, 2007, see also subsection (g) set out above.

(g) Within 15 days after the date disclosure reports are to be filed under this section, the secretary shall file a compilation of the disclosure reports with the legislative council.

Subsection (h) effective until January 1, 2007; see also subsection (h) set out below.

(h) A person who fails to file a disclosure report on time shall pay a late reporting fee of $25.00 plus $10.00 for each day the disclosure report is late, not to exceed $175.00.

Subsection (h) effective January 1, 2007, see also subsection (h) set out above.

(h) Disclosure reports shall be made on forms published by the secretary of state and shall be signed by the employer or lobbyist. The secretary of state shall mail those forms to registered employers and lobbyists not later than 30 days before each filing deadline.

Subsection (i) effective until January 1, 2007; see also subsection (i) set out below.

(i) A gift from a member of an interest group to, or for the benefit of, a legislator or administrative official, which is made in connection with lobbying as defined in 2 V.S.A. § 261(9)(D), shall be deemed to be made on behalf of the employer or lobbyist who sponsored the activity and shall be reported and itemized.

Subsection (i) effective January 1, 2007, see also subsection (i) set out above.

(i) A lobbyist or employer who fails to file a disclosure report on time shall pay a late reporting fee of $25.00 plus $10.00 for each day the disclosure report is late, not to exceed $175.00.

Subsection (j) effective January 1, 2007.

(j) A gift from a member of an interest group to, or for the benefit of, a legislator or administrative official, which is made in connection with lobbying as defined in subdivision 261(9)(D) of this title, shall be deemed to be made on behalf of the employer or lobbyist who sponsored the activity and shall be reported and itemized. (Added 1989, No. 160 (Adj. Sess.), § 2, eff. April 30, 1990; amended 1993, No. 101, §§ 2, 3; 1997, No. 155 (Adj. Sess.), § 66f; 2005, No. 99 (Adj. Sess.), § 4, eff. Jan. 1, 2007.)