LOBBYING GUIDE: Statutes, Rules and Regulations, Electronic Filing

Introduction

The Nebraska Political Accountability and Disclosure Act governs the activities of persons who attempt to influence the introduction or enactment of legislation or resolutions before the Legislature. Under Nebraska law not all such activity is defined to be lobbying. Only those who lobby on behalf of another must register and file periodic reports disclosing lobbying activity. In other words, a person may "lobby" for himself or herself without being required to register as a lobbyist or file reports.

This guide is designed to assist lobbyists and principals in complying with the lobbying provisions of the law and filing required reports. Applications for registration and periodic reports are to be filed electronically with the Clerk of the Legislature in its Nebraska Lobbyist Reporting system. All statements filed are public records.

The Nebraska Lobbyist Reporting system is found at: https://nebraskalegislature.gov/lobbyist/auth.php.

Anyone having questions concerning the lobbying provisions of the Act is encouraged to contact the Nebraska Accountability and Disclosure Commission office.

Published January 1, 1985

Revised August 2023

LOBBYING, LOBBYIST AND PRINCIPAL DEFINED

Lobbying is the practice of promoting or opposing for another person the introduction or enactment of legislation or resolutions before the Legislature or the committees or members thereof. It includes the practice of promoting or opposing executive approval of legislation or resolutions. (Reference §49-1433 Nebraska Statutes)

Lobbying does not include “executive branch lobbying” with the exception of promoting or opposing executive approval of legislation or resolutions.

A lobbyist is a person who is authorized to lobby on behalf of a principal. (Reference §49-1434 Nebraska Statutes) A lobbyist includes an officer, agent, attorney, or employee of the principal who engages in lobbying activity.

A principal is a person who authorizes a lobbyist to lobby on the principal’s behalf. (Reference §49-1434 Nebraska Statutes)

Person is defined in part as a business, individual, proprietorship, firm, partnership, limited liability company, corporation, association, committee, or any organization, or group of persons acting jointly. (Reference §49-1438 Nebraska Statutes)

WHO MUST REGISTER AS A LOBBYIST?

Anyone who engages in lobbying activity on behalf of another must register as a lobbyist unless he or she falls within one of the exemptions. The person must register prior to the time he or she commences the lobbying activity. Even if a person is not compensated for lobbying activities, he or she must still register as a lobbyist. (Reference §49-1480)

WHO IS EXEMPT FROM REGISTRATION?

The following are not required to register as a lobbyist:

A public official or public employee of a branch of state government, except the University of Nebraska, or an elected official of a political subdivision who is acting in the course or scope of his or her office or employment is not required to register as a lobbyist. (Reference §49-1434(3)(a))

Any publisher, owner or working member of the press, radio, or television while disseminating news or editorial comment to the general public in the ordinary course of business. (Reference §49-1434(3)(b))

An employee of the principal or lobbyist whose duties are confined to typing, filing, and other types of clerical work. (Reference §49-1434(3)(c)

Any individual who does not engage in lobbying activity for another person as defined in §49-1438. (Reference §49-1434(3)(e))

An employee of a political subdivision whose regular duties of employment do not ordinarily include lobbying need not register as a lobbyist as long as the employee is not additionally compensated, other than his or her salary, and is not reimbursed for any lobbying expenses except his or her travel, lodging, and meals and the meal expenses for members of the Legislature. (§49-1434(3)(f))

A person need not register as a lobbyist who limits his or her activities to:

Appearances before legislative committees as long as he or she advises the committee at the time of appearance whom he or she represents or that he or she appears at the invitation of a named member of the Legislature or at the direction of the Governor. (Reference §49-1434(d))

Writing letters or furnishing written material to members of the Legislature or to the committees thereof. (Reference §49-1434(d))

NEBRASKA LOBBYIST REGISTRATION SYSTEM

All filings by lobbyists and principals, including registration, quarterly reports and Statements of Activity must be filed electronically through the Nebraska Lobbyist Registration System. (Reference §49-1483).

NEW REGISTRATION AS A LOBBYIST

An Application for Registration as a Lobbyist (NADC Form A) must be filed for each principal with the Clerk of the Legislature before engaging in lobbying activity. (Reference §49-1480 Nebraska Statutes). Registration is made electronically through the Nebraska Lobbyist registration system at

https://nebraskalegislature.gov/lobbyist/auth.php

A compensated lobbyist is a lobbyist who is compensated for his or her lobbying services. A lobbyist who is a paid member or paid employee of the principal and whose duties include lobbying activities is considered a compensated lobbyist. A compensated lobbyist pays a registration fee of $200 per principal. (Reference §49-1480.01 Nebraska Statutes)

A non-compensated lobbyist is one who does not receive and does not anticipate receiving compensation. An officer or member of a principal is not a compensated lobbyist if he or she receives no compensation from the principal for any of the activities or duties performed for the principal. A non-compensated lobbyist pays a registration fee of $15 per principal. (Reference §49-1480.01 Nebraska Statutes; section003.03B, Rule 6)

A person registered as a non-compensated lobbyist who subsequently receives compensation shall, within five days of the receipt of the compensation, file an amended Application for Registration as a Lobbyist and pay an additional $185 registration fee. (Reference §49-1480.01 Nebraska Statutes)

If information on the Application for Registration as a Lobbyist changes, the lobbyist must notify the Clerk of the Legislature of the changes by filing an amended Application for Registration. There is no fee for filing an amended Application for Registration. Changes may also be noted on the next quarterly report. (Reference §49-1483(4) Nebraska Statutes; section 005.01, Rule 6)

RENEWAL OF REGISTRATION

A lobbyist may renew his or her registration as a lobbyist for a principal. The Renewal of Registration as a Lobbyist (NADC Form A-R) and registration fee must be filed with the Clerk of the Legislature before the expiration of the current registration. All registrations terminate by operation of law on December 31^st unless terminated sooner by the lobbyist or principal. (Reference §49-1480.01(3)). A Renewal of Registration as a Lobbyist must be made in the Nebraska Lobbyist Registration system.

The Renewal of Registration as a Lobbyist must also state the compensation to be received or the basis of the compensation. For example, the Renewal of Registration may disclose that the lobbyist will receive $100 per hour or it may disclose that the lobbyist will receive $1,000 per calendar quarter. Another example may pertain to a lobbyist who is an employee of the principal and performs non-lobbying functions for the principal. The basis of compensation may be a percentage of lobbyist’s regular salary attributable to time spent in lobbying activity.

Example: The executive director is a paid full time employee of ABC Association. She performs many duties for ABC, including acting as its registered lobbyist. She receives no extra money for lobbying and she never knows how much time she will spend in lobbying activity. She may appropriately show as compensation on her renewal form “That portion of salary attributable to lobbying.”

QUARTERLY REPORTS-TIME OF FILING

A lobbyist must file with the Clerk of the Legislature a quarterly report for each principal within 30 days after the end of each calendar quarter. A lobbyist’s quarterly report should be filed on NADC Form B in the Nebraska Lobbyist Registration system. (Reference §49-1483 Nebraska Statutes).

A principal must file with the Clerk of the Legislature a single quarterly report within 30 days after the end of each calendar quarter. Even if a principal has more than one lobbyist, it shall file only one quarterly report. A principal’s quarterly report should be filed on NADC Form C in the Nebraska Lobbyist Registration system. (Reference §49-1483 Nebraska Statutes).

The calendar quarters are January 1^st through March 31^st (First Calendar Quarter), April 1^st through June 30^th (Second Calendar Quarter), July 1^st through September 30^th (Third Calendar Quarter) and October 1^st through December 31^st (Fourth Quarter). If the 30^th day falls on a weekend or a state holiday, the report is due on the next business day. (Reference §49-1483(8))

REPORTING RECEIPTS BY LOBBYIST

A quarterly report filed by a lobbyist shall disclose all lobbyist compensation received by the lobbyist. Lobbyist compensation is that compensation paid to a person for being a lobbyist. (Reference section 008.02 Rule 6)

When a principal retains the services of a person who has only part time lobbying duties, only the compensation paid which is reasonably attributable to lobbying is lobbyist compensation.

When a lobbyist is an employee of the principal, that part of the lobbyist’s salary attributable to lobbying activities constitutes lobbyist compensation.

When a person engages the services of a lobbyist or principal for consulting or management services which include engaging in lobbying activities, part of the lobbyist’s or principal’s compensation for such services constitutes lobbyist compensation.

Lobbyist compensation is reported on line 1 of Form B.

A quarterly report filed by a lobbyist shall disclose lobbyist reimbursement. Lobbyist reimbursement means any payment to a lobbyist by the principal which reimburses the lobbyist, in whole or part, for an expenditure by the lobbyist which is reasonably attributable to influencing legislation. (Reference section 008.03 Rule 6)

Lobbyist reimbursement is reported on line 2 of Form B.

REPORTING EXPENDITURES BY LOBBYIST

A lobbyist must disclose expenditures made directly or indirectly for the purpose of carrying on lobbying activities. Expenditures must be reported by category. The reporting categories are as follows:

Miscellaneous Expenses (Reference-section 008.06A of Rule 6) - lobbying expenditures which do not fit into any other expense reporting category. Report on line 4 of Form B.

Entertainment Expenses (Reference-section 008.06B of Rule 6) - Report the total expenses under this category on line 5d. Separately report that part of the total given to members of the Legislature on line 5a and that part of the total given to elected members of the executive branch on line 5b. Entertainment expenses other than those reportable on lines 5a and 5b should be reported on line 5c.

Entertainment expenses include expenses for food and drink.

For the purpose of reporting entertainment expenses of members of the Legislature and entertainment of expenses of elected officials in the executive branch, the actual amount shall be reported.

When the nature of the event makes it impractical to determine the actual amount, the reportable expense is limited to the average cost per person multiplied by the number of members of the Legislature in attendance or, in the case of elected officials in the executive branch, the average cost per person multiplied by the number of officials in the executive branch in attendance.

Lodging Expenses (Reference-section 008.06C of Rule 6) - This category includes expenses paid by the lobbyist to lodge someone else when connected to lobbying activities. Lodging expenses should be reported on line 6 of Form B.

Travel Expenses (Reference section 008.06D of Rule 6). Reportable travel expenses should be reported on line 7 of Form B.

This category includes expenses paid by the lobbyist for someone else’s travel when connected to lobbying activities.

If a public official accompanies the lobbyist, the travel expense of the public official and the lobbyist must be reported.

Lobbyist Compensation Expenses (Reference section 008.06E of Rule 6)-Compensation paid by the lobbyist to another lobbyist.

Lobbyist Reimbursement Expenses (Reference section 008.06F of Rule 6) - Reimbursement paid by the lobbyist to another lobbyist.

Extraordinary Office Expenses (Reference-section 008.06H of Rule 6) - Reportable office expenses should be reported on line 8 of Form B. Only extraordinary office expenses must be reported. Extraordinary office expenses include:

An office expense by a lobbyist directly related to lobbying activity which is other than the normal overhead and operating expense of the lobbyist; and
An office expense directly related to lobbying activity for which the lobbyist is reimbursed by the principal.

Gifts (Reference- §49-1483) - Report total expenses under this category on line 11d of Form B. Separately report that part of the total given to members of the Legislature on line 11a and that part of the total given to elected members of the executive branch on line 11b. Do not report Gifts of Admissions under this category. See the section GIFTS later in this guide for a more detailed description of this category.

Gifts of Admissions (Reference-section 008.06G of Rule 6) - Report total expenses under this category on line 12d of Form B. Separately report that part of the total given to members of the Legislature on line 12a and that part of the total given to elected members of the executive branch on line 12b. See the section GIFTS OF ADMISSIONS later in this guide for a more detailed description of this category.

In addition, the lobbyist’s quarterly report must include a detailed description of any money loaned, promised or paid by the lobbyist to an official of the executive or legislative branch of State government or a member of the official’s staff. This information should appear on Item 3 of Form B.

REPORTING RECEIPTS BY PRINCIPAL

Any money received by the principal for lobbying purposes should be shown as part of the total lobbying receipts. Money received for the general purposes of the principal normally do not need to be reported as lobbying receipts.

Example #1: Association’s members pay dues of $500 per year to belong to the Association. The Association has a salaried executive director. The executive director is paid from dues money. Among the many director’s duties is to act as the Association’s registered lobbyist. The executive director reports a percentage of his salary as lobbyist compensation. The amount reported varies from quarter to quarter depending on the amount of lobbying activity. The dues money paid by the members is received for the general purposes of the Association and should not be reported by the Association as lobbying receipts.

Example #2: A bill is introduced in the Legislature that would have a serious detrimental effect on the Association. The Association’s board of directors decides to hire a contract lobbyist to assist the executive director in opposing the bill. It requests that each Association member send an additional $150. This money will be used to pay the contract lobbyist. This is money received by the principal for lobbying purposes and not for general business purposes. It should be reported as a lobbying receipt.

Disclosure is required of the name and address of anyone providing lobbying receipts of more than $100. This information should appear on Item 3 of Form C.

REPORTING EXPENDITURES BY PRINCIPAL

A principal must report all lobbying expenditures on Form C. Expenditures must be reported by category. The reporting categories are as follows:

Miscellaneous Expenses (Reference 009.06A of Rule 6)-lobbying expenditures which do not fit into any other expense reporting category. Report on line 2 of Form C.

Entertainment Expenses (Reference 009.06B of Rule 6) - Report the total expenses under this category on line 3d of Form C. Separately report that part of the total given to members of the Legislature on page 2, line 3a and that part of the total given to elected members of the executive branch on line 3b.

Entertainment expenses include expenses for food and drink.

For the purpose of reporting entertainment expenses of members of the Legislature and entertainment expenses of elected officials in the executive branch, the actual amount shall be reported.

When the nature of the event makes it impractical to determine the actual amount, the reportable expense is limited to the average cost per person multiplied by the number of members of the Legislature in attendance or, in the case of elected officials in the executive branch, the average cost per person multiplied by the number of officials in the executive branch in attendance.

Lodging Expenses (Reference 009.06C of Rule 6)-This category includes expenses paid by the principal to lodge someone else when connected to lobbying activities. Lodging expenses should be reported on line 4 of Form C.

Travel Expenses (Reference 009.06D of Rule 6)-Reportable travel expenses should be reported on line 5 of Form C.

This category includes expenses paid by the principal for someone else’s travel when connected to lobbying activities.

If a public official accompanies the principal, the travel expense of the public official and the lobbyist must be reported.

Lobbyist Compensation Expense (Reference section 009.06E of Rule 6) - Amounts paid by principal to lobbyist as compensation for lobbying activity. This amount should be reported on line 7 of Form C.

Lobbyist Reimbursement Expense (Reference section 009.06F of Rule 6)-Amounts paid to lobbyist by principal to reimburse lobbying expenses made by lobbyist. This amount should be reported on line 8 of Form C.

Extraordinary Office Expenses (Reference 009.06H of Rule 6) - Only extraordinary office expenses must be reported. An office expense by a principal directly related to lobbying activity which is other than the normal overhead and operating expense of the principal is an extraordinary office expense. This amount should be reported on line 6 of Form C.

Gifts (Reference §49-1483 Nebraska Statutes and section 009.08 Rule 6) - Report total expenses under this category on line 9d of Form C. Separately report that part of the total given to members of the Legislature on line 9a and that part of the total given to elected members of the executive branch on line 9b. Do not report gifts of admissions under this category. See the section GIFTS later in this guide for a more detailed description of this category.

Gifts of Admissions (Reference 009.06G of Rule 6) Report total expenses under this category on line 10d of Form C. Separately report that part of the total given to members of the Legislature on line 10a and that part of the total given to elected members of the executive branch on line 10b. See section GIFTS OF ADMISSIONS later in this guide for a more detailed description of this category.

In addition, the principal’s quarterly report must include a detailed description of any money loaned, promised or paid by the principal to an official of the executive or legislative branch of State government or a member of the official’s staff. This information should appear on Item 3 of Form C.

EXEMPTION FROM QUARTERLY REPORTS

A lobbyist who does not expect to receive compensation or reimbursement and who does not expect to make expenditures may seek exemption from the filing of quarterly lobbyist reports by filing a Statement of Exemption (NADC Form E). A lobbyist may file an exemption as to one principal even if the lobbyist expects receipts and expenditures in connection with another principal. (Reference §49-1483.02 Nebraska Statutes and section 010.01 Rule 6)

A principal who does not expect to have lobbying receipts or make lobbying expenditures may seek an exemption from the filing of quarterly reports by filing a Statement of Exemption. (Reference section 010.02 Rule 6)

A lobbyist with a Statement of Exemption on file must still file a Statement of Activity (Form D).

A lobbyist’s Statement of Exemption is automatically renewed as long as the registration is renewed. If the lobbyist’s registration expires or otherwise terminates, a new exemption statement is required. (Reference section 010.01A Rule 6)

If a lobbyist or principal with a Statement of Exemption on file makes lobbying expenditures or has lobbying receipts, the exemption is void and quarterly reports must be filed starting with the quarter in which the lobbyist or principal first had receipts or expenditures. (Reference section 010.1B and 010.02 Rule 6)

STATEMENTS OF ACTIVITY

All lobbyists must file a Statement of Activity (NADC Form D) with the Clerk of the Legislature within 45 days after the end of a regular session of the Legislature. (Reference §49-1488 Nebraska Statutes) The Statement of Activity shall be filed in the Nebraska Lobbyist Registration system.

The Statement of Activity identifies the legislation upon which the lobbyist acted including identification by number of any bill or resolution and the position taken by the lobbyist.

A lobbyist must file a separate Statement of Activity for each principal.

A lobbyist who is active during a special session of the Legislature must file a Statement of Activity within 45 days after the end of the special session. A lobbyist who is not active during a special session does not need to file a Statement of Activity after the special session.

Every lobbyist must file a Statement of Activity after a regular session of the Legislature. An exemption from the filing of quarterly reports does not exempt the lobbyist from the filing of a Statement of Activity.

SPECIAL REPORTS

A Lobbyist or principal who receives or expends more than $5,000 for lobbying purposes during any calendar month in which the Legislature is in session must file a special report within 15 days after the end of the calendar month in which the $5,000 level is exceeded. Lobbyists should use Lobbyist Special Report (NADC Form B-B). Principals should use Principal Special Report (NADC Form C-C). Special Reports shall be filed in the Nebraska Lobbyist Registration system. (Reference §49-1483.03 Nebraska Statutes)

The special report need not be filed if exceeding the $5,000 level was the result of the payment or receipt of lobbying fees for lobbying services which were disclosed on the application for registration.

Example #1- A lobbyist discloses on his registration that he will receive $100 per hour from the principal for lobbying activity. During January the lobbyist engages in 75 hours of lobbying activity for the principal. The lobbyist is paid $7,500. This activity does not require the filing of a special report because this is the payment of lobbying fees for lobbying services as disclosed on the application for registration.

Example #2- A bill is introduced which will have a significant effect on the principal, an out of state corporation. The principal sends two experts from its head office to Nebraska to testify on the bill and to provide expert information on the subject to the local lobbyist. The cost to the principal is more than $5,000 within the calendar month. This activity does require the filing of a special report.

Information reported on a special report shall be reported on the next quarterly report.

TERMINATION OF REGISTRATION

All lobbyist registrations terminate on December 31^st unless renewed on or before that date. Once a registration is terminated, it may be renewed only by the filing of a new application for registration as a lobbyist. (Reference §49-1486 Nebraska Statutes)

A registration may be terminated before December 31^st if the principal and lobbyist cease to receive and expend lobbying funds and the lobbyist ceases to engage in lobbying activities. (Reference section 012.01 Rule 6)

Early termination requires:

The filing of a Termination of Registration Statement (NADC Form F).

A final quarterly report by lobbyist (and by principal if principal has no other lobbyists who will continue lobbying).

If not already on file, a Statement of Activity must be filed.

The Termination of Registration Statement shall be filed in the Nebraska Lobbyist Registration system.

Note: When a principal has other lobbyists, the requirement that it cease to receive and expend lobbying funds does not apply. Such principal is not required to file a final report, but must continue to file quarterly reports as to its other lobbyists.

GIFTS

Definition- (Reference §49-1423 and 013.02 of Rule 6) Gift shall mean a payment, subscription, advance, forbearance, rendering, or deposit of money, services, or anything of value, unless consideration of equal or greater value is given therefor. Gift does not include:

A campaign contribution reported as required by law;

A commercially reasonable loan made in the ordinary course of business;

A gift from a relative;

Food and drink for immediate consumption;

The occasional provision of transportation within the State of Nebraska.

Relative- The term includes a spouse, son, son-in-law, daughter, daughter-in-law, mother, mother-in-law, father, father-in-law, brother, brother-in-law, sister, sister-in-law, aunt, or uncle. (Reference §49-1443.01 Nebraska Statutes)

No lobbyist, principal, or anyone acting on behalf of either shall within one calendar month give any gifts with an aggregate value of over fifty dollars to any or the following (Reference §49-1490 and section 013, Rule 6):

An official or a member of the official’s staff in the executive branch of state government;

An official or a member of the official’s staff in the legislative branch of state government; or

A member of the immediate family of an official in the executive or legislative branch of state government.

GIFTS OF ADMISSIONS

An admission to a state-owned facility or a state-sponsored industry or event of a value of more than $50 shall not be given by a principal, lobbyist, or person acting on behalf of either to any of the following:

An official or a member of the official’s staff in the executive branch of state government;

An official or a member of the official’s staff in the legislative branch of state government; or

A member of the immediate family of an official in the executive or legislative branch of state government. (Reference §49-1490 Nebraska Statutes)

Exception: An agency, political subdivision, or publicly funded postsecondary educational institution, regardless of whether it is a principal, may give an admission to a state-owned facility or state-sponsored industry or event regardless of value to those listed above. (Reference §49-1492.01 Nebraska Statutes)

An agency, political subdivision, or publicly funded postsecondary educational institution which is a principal must report the gift of admissions on the quarterly principal report.

An agency, political subdivision, or publicly-funded postsecondary educational institution, regardless of whether it is a principal, must also file a special gift report with the Clerk of the Legislature within 15 days after the end of the calendar quarter in which the gift is given. The report shall include:

The identity of the donor;

A description of the gift;

The value of the gift;

The name of the recipient and the office or position held;

If the recipient is a member of an official’s staff in the executive or legislative branch of state government, his or her job title and the name of the official; or

If the recipient is an immediate family member of an official in the executive or legislative branch of state government, the name of the official and the recipient’s relationship with the official.

A gift of admissions to an elected or appointed official of a political subdivision or school board is not covered by this section.

LATE FILING FEES AND CIVIL PENALTIES

Failure to timely file a lobbyist quarterly report or a statement of activity results in late filing fees of $25 per day, not to exceed $750 per report or statement.

Failure to timely file a lobbyist special report results in a late filing fee of $100 for each of the first 10 days that the report remains not filed. After the 10^th day the lobbyist shall pay, for each day the report remains not filed an additional late filing fee of one percent of the amount of receipts and expenditures required to be reported, not to exceed 10%.

In addition to late filing fees, any violation of the Nebraska Political Accountability and Disclosure Act may result in a civil penalty of up to $5,000 per violation.

Violation of the gift provisions of the NPADA is a class III misdemeanor.

WHERE TO FILE REPORTS AND STATEMENTS

All lobbyist and principal filings should be made with the Clerk of the Legislature through its Nebraska Lobbyist Registration system.

QUESTIONS

For questions about the filing requirements of lobbyists and principals, including the contents of reports and statements, contact:

Nebraska Accountability and Disclosure Commission

P.O. Box 95086

Lincoln, NE 68509

402-471-2522

https://nadc.nebraska.gov

Location: 1225 L Street, #400, Lincoln (Do not send U.S. Mail to this address)

For questions about the use of the Nebraska Lobbyist Registration system or for obtaining filing credentials, contact:

Clerk of the Legislature

P.O. Box 94604

Lincoln, NE 68509

402-471-2608

https://nebraskalegislature.gov

Location: Room 2014 State Capitol, Lincoln

001 Scope and Application

002 Definitions

003 Registration of Lobbyists

004 Application for Registration as a Lobbyist

005 Amendment to Applications for Registration

006 Renewals of Applications for Registration

007 Filing of Quarterly Reports

008 Contents of Nebraska Registered Lobbyists Quarterly Report

009 Contents of Nebraska Principal Quarterly Report

010 Exemptions to Quarterly Reports

011 Reports by Lobbyist of Activities During a Legislative Session

012 Termination of Registration

013 Gift Limitations

014 Record Keeping

015 Late Filing Fees for Lobbyist Quarterly Reports, Lobbyist Special Reports and Statements of Activity

016 Method of Filing Applications, Reports and Statements by Principals and Lobbyists

017 Statutory Authority

TITLE 4 - NEBRASKA ACCOUNTABILITY AND DISCLOSURE COMMISSION

CHAPTER 6 - RULES AND REGULATIONS FOR LOBBYING

(Adopted 12/18/81 and amended 12/16/83; 11/4/88; 7/26/91, 9/30/94, 10/20/00, 1/23/09 and October 16, 2015)

001 SCOPE AND APPLICATION. This rule interprets the provisions of the Nebraska Political Accountability and Disclosure Act pertaining to Lobbying Practices as set forth in Sections 49-1480 to 49-1492.01, Neb. Rev. Stat. Its purpose is to define terms and delineate requirements for the registration of lobbyists, reporting of receipts and expenditures by principals and lobbyists, reporting legislation acted upon by lobbyists and record keeping.

002 DEFINITIONS. For the purposes of this Rule, unless the context otherwise requires, the definitions found in the following subsections shall be used.

.01 Lobbyist means a person who is authorized to lobby on behalf of a principal, and shall include an officer, agent, attorney or employee of the principal whose regular duties include lobbying. Section 49-1434(2), Neb. Rev. Stat.

.01A Principal means a person who authorizes a lobbyist to lobby in behalf of that principal. Section 49-1434(1), Neb. Rev. Stat.

.02 Person means a business, individual, proprietorship, firm, partnership, limited liability company, joint venture, syndicate, business trust, labor organization, company, corporation, association, committee, or any other organization or group of persons acting jointly. Section 49-1438, Neb. Rev. Stat.

.02A For the purposes of sections 49-1480 to 49-1492.01, a "person" shall also include a government body as defined in Section 49-1424, Neb. Rev. Stat.

.03 Lobbying means the practice of promoting or opposing for another person the introduction or enactment of legislation or resolutions before the Legislature or the committees or the members thereof, and shall also include the practice of promoting or opposing executive approval of legislation or resolutions. Section 49-1433, Neb. Rev. Stat.

.03A Lobbying includes, but is not limited to, communication in person or by telephone with an official in the legislative or executive branches of state government, as defined in Sections 49-1436 and 49-1437, Neb. Rev. Stat, to influence legislative action, as defined in Sections 49-1429 and 49-1431, Neb. Rev. Stat.

.03A1 Executive Branch Lobbying. The practice of promoting or opposing executive approval of legislation or resolutions includes communication with officials of the executive branch of state government as defined in Section 49-1436, Neb. Rev. Stat, to take or refrain from taking any action or position in support of or in opposition to proposed legislation or resolutions. It includes influencing an executive branch official to make or refrain, or cause others to make or refrain, from making appearances before legislative committees or contacting members of the Legislature.

.04 Lobbying activity or lobbying purpose means any act, including the solicitation of receipts or the making of expenditures, to influence legislative action as defined in Sections 49-1429 and 49-1431, Neb. Rev. Stat.

.05 Receipt means an advance, conveyance, deposit, distribution, transfer of funds, loan, payment, pledge, or subscription of money or anything of value, and any contract, agreement, promise, or other obligation, whether or not legally enforceable, which is received by a lobbyist or principal directly or indirectly for the purpose of carrying on lobbying activities, to include compensation for such activities or reimbursement for expenses.

.06 Expenditure means an expenditure as defined in Section 49-1419(4), Neb. Rev. Stat, made directly or indirectly for the purpose of carrying on lobbying activities.

.06A Expenditure does not include payments for transportation by lobbyists or the cost of communicating positions from a principal to a lobbyist or from a lobbyist to a principal. Reference: Section 49-1419(4), Neb. Rev. Stat.

.06A1 "Payments for transportation by lobbyists" means payments made solely for the benefit of a lobbyist for his or her own travel expenses, including lodging and meals, if not incurred in connection with providing or paying for the travel of others.

.06A2 "Cost of communicating positions" is limited to (1) expenses directly related to communication with such principal or lobbyist or agents thereof, (2) compensation reasonably attributable to bill reading and (3) compensation reasonably attributable to conferring with such principal or lobbyist or agents thereof if no public official, public employee or other principals or lobbyists of other principals or agents thereof are present.

.07 Miscellaneous expenses means any expenditure by a lobbyist, principal, or anyone acting on behalf of either, including an expenditure which is made for the benefit of a public official in the executive or legislative branch of state government or the official's staff or immediate family members which does not otherwise fall within the categories of entertainment expense, lodging expense, travel expense, gifts, gifts of admissions, lobbyist reimbursement, extraordinary office expense, or lobbyist compensation. Miscellaneous expenses include expenditures of money loaned, promised or paid to any official, or staff of an official in the executive or legislative branch of state government, including a business with which the official or staff member is associated if the payment is made to influence legislative action.

.08 Entertainment means expenditures including expenses for food and drink, incurred by a principal or a lobbyist for entertainment as a lobbying activity, even if a public official, a member of his or her immediate family or a public employee is not present, such as the entertainment of constituents or other lobbyists or principals to influence legislative action.

.09 Lobbyist compensation means all compensation paid to a person for being a lobbyist, lobbying activities or to influence legislative action. When a principal retains the services of a person who shall have only part-time lobbyist duties, only the compensation paid which is reasonably attributable to influencing legislative action constitutes lobbyist compensation.

.09A When a lobbyist is an employee of the principal, part of the lobbyist's salary attributable to lobbying activities constitutes lobbyist compensation if the lobbyist engages in any lobbying activity.

.09B When a person engages the service of a lobbyist or a principal for consulting or management services which services include engaging in lobbying activities, part of the lobbyist's or principal's compensation for such services constitutes lobbyist compensation.

.010 Money loaned, promised or paid includes any payment of money to an official or staff of an official in the Legislative or Executive Branches of State Government, except for money loaned, promised or paid to such official or staff in exchange for goods or services provided by the official or staff in connection with his or her outside employment or business provided the transaction is commercially reasonable and not entered into for the purpose of influencing legislative action.

.010A Money loaned, promised or paid shall not include a loan by a principal in the business of making loans which is commercially reasonable and in accordance with regular lending rules and regulations; transactions involving a principal which are performed in the ordinary course of business pursuant to the terms of an insurance contract; a dividend paid by a principal on publicly traded stock; interest paid by a principal on bonds offered to the public; or any transaction involving a principal which is deemed confidential under the laws or regulations of the United States of America or the State of Nebraska.

.011 An honorarium means a payment for speaking at an event, participating in a panel or seminar, or engaging in any similar activity. An honorarium paid directly or indirectly to an official in the Legislative or Executive Branch of State government or the staff of such official is a gift subject to the limitation provided in Section 49-1490, Neb. Rev. Stat, unless it is clear from all surrounding circumstances that the services provided by the official or staff represent equal or greater value than the payment received. The principal or lobbyist shall maintain records to substantiate that the official or staff gave consideration of equal or greater value than the honorarium.

.012 Compensation means anything of monetary value received or to be received from a person, whether in the form of a fee, salary, forbearance, forgiveness, or any other form of recompense.

.013 Calendar quarter means the first day of January through the thirty-first day of March, the first day of April through the thirtieth day of June, the first day of July through the thirtieth day of September, and the first day of October through the thirty-first day of December.

.014 Lobbyist expense reimbursement means any expenditure made by a lobbyist which is reasonably attributable to the influencing of legislation and for which the lobbyist receives reimbursement, either in whole or in part, from a principal.

.015 Office expenses means the expenses reasonably related to operating an office, including rent, utilities, supplies, and salaries of support personnel.

.016 Extraordinary office expense means a) an office expense directly related to lobbying activity for which a lobbyist is reimbursed by a principal; or b) an office expense by a lobbyist or principal directly related to lobbying which is other than the normal overhead and operating office expenses of the lobbyist or principal. Reference: Section 49-1483(2).

.017 Relative means any person related to another by blood or marriage to the third degree of consanguinity, including a foster parent, foster child, stepparent, stepchild, and adopted children and their adoptive parents. Reference: Section 49-1443.01.

003 REGISTRATION OF LOBBYISTS. Every person employed, retained or authorized as a lobbyist shall, before commencing any lobbying activity, file an application with the Clerk of the Legislature for registration as a lobbyist. Reference: Section 49-1480, Neb. Rev. Stat.

.01 Every person authorized to lobby, whether compensated or not, who communicates with a public official or employee as provided in section 002.03A of this rule, must be registered as a lobbyist.

.02 Every lobbyist who receives or will receive compensation shall pay a two hundred dollar ($200) registration fee for each principal for whom the lobbyist registers. Reference: Section 49-1480.01 Neb. Rev. Stat.

.02A Except as provided in Section 003.04 and Section 49-1434, Neb. Rev. Stat, a lobbyist who receives compensation shall include an individual who is an employee or member of a principal whose duties of employment, office, or membership include engaging in lobbying activities.

.03 Every lobbyist who does not receive compensation and who does not anticipate receiving compensation at the time of application for registration shall pay a fifteen dollar ($15) registration fee for each principal for whom the lobbyist registers.

.03A Any lobbyist who receives compensation who did not anticipate receiving such compensation at the time of application for registration shall, within five days of the receipt of any compensation, file an amended registration form with respect to such principal, which amended registration form shall be accompanied by an additional fee of one hundred eighty-five ($185) for such year.

.03B An officer or member of a principal is not a compensated lobbyist if the officer or member receives no compensation from the principal for any of the activities or duties performed for the principal.

.04 A person does not have to be registered as a lobbyist if his or her only lobbying activities consist of his or her being (1) a public official or employee of a branch of state government (except the University of Nebraska) or an elected official of a political subdivision who is acting in the course or scope of his or her office or employment; (2) a publisher, owner or working member of the press, radio, or television while disseminating news or editorial comment to the general public in the ordinary course of business; (3) an employee of a principal or lobbyist whose duties are strictly of a clerical nature; (4) a person who makes appearances before legislative committees and advises the committee at the time of his or her appearance whom he or she represents; (5) a person who writes letters or furnishes written materials to individual members of the Legislature or to the committees thereof; (6) an individual who does not engage in lobbying for another person; or (7) an employee of a political subdivision whose regular employment duties do not ordinarily include lobbying activities as long as such employee is not additionally compensated for such lobbying activities, other than his or her regular salary, and is not reimbursed for any lobbying expenditures except his or her travel, lodging, and meal expenses and the meal expenses of members of the Legislature. Reference: Section 49-1434(3).

.04A The provisions of section 003.04(7) of this rule do not exempt from registration those employees of political subdivisions who engage in lobbying activities more than on an occasional basis or those who have been assigned by the political subdivision to engage in lobbying activities even if these lobbying activities are not normally a part of the duties of the employee.

.04B An employee or member of a principal whose regular duties of employment, office or membership do not ordinarily include engaging in lobbying activities and a person who responds to a solicitation to communicate with a public official in the legislative or executive branches of state government, may communicate therewith to influence legislative action and not be registered as a lobbyist if such individual (a) is not compensated for doing so in any way in addition to his or her regular salary or for otherwise engaging in lobbying activities; and (b) is not reimbursed for any lobbying expenditure, except his or her own travel, lodging and meals.

004 APPLICATION FOR REGISTRATION AS A LOBBYIST.

.01 The requirement of Section 49-1480(3), Neb. Rev. Stat, and the lobbying registration form that the lobbyist disclose the "amounts or sums given or to be given the lobbyist as compensation or reimbursement for lobbying" refers to any amounts paid by the principal to the lobbyist prior to such registration and not otherwise reportable in a quarterly report, except amounts excludable pursuant to Sections 002.06A and 002.09 of this rule, and a description or synopsis of the terms and conditions of his or her understanding or agreement with the principal for his or her lobbying compensation and reimbursement, including any known dollar amounts thereof. Cross Reference: sections 005.01A and 010 of this rule.

.02 The requirement of Section 49-1480(8), Neb. Rev. Stat, that the lobbyist registration set forth the name and address of any official in the legislative or executive branch and of any members of any such official's staff or immediate family who is employed by the lobbyist or any person acting on behalf of such lobbyist, includes individuals employed in clerical and non-policy making capacities and individuals employed by the Executive Board of the Legislative Council.

.03 The requirement of Section 49-1480(2), Neb. Rev. Stat, that the lobbyist on his or her registration set forth the name and address of the principal requires the lobbyist to set forth the usual street address of the principal and not the address of the lobbyist.

005 AMENDMENTS TO APPLICATION FOR REGISTRATION.

.01 Amending an application for registration as a lobbyist. The quarterly reports of the lobbyist, but not the principal, shall set forth changes or corrections to the information contained in the lobbyist's application for registration as a lobbyist so as to reflect the correctness of such information as of the end of the calendar quarter or other period for which such statement is required. Reference: Section 49-1483(4), Neb. Rev. Stat.

.01A This provision as it relates to the requirement of the lobbying registration that the lobbyist disclose the "amounts or sums given or to be given the lobbyist as compensation or reimbursement for lobbying" refers only to any changes in the terms and conditions of his or her agreement or contract for lobbying. It does not require the lobbyist to show an accumulation of such amounts or sums given per calendar quarter.

.01B This provision as it relates to names and addresses requires that the lobbyist shall provide notice using the electronic filing system established by the Clerk of the Legislature of any change in his or her address, the address of his or her principal, and of any change in the name of the official to whom the lobbyist is accountable and of any change in the names and addresses of the officers of the principal.

006 RENEWALS OF APPLICATIONS FOR REGISTRATION. The requirement of Section 49-1480.01 that a lobbyist renew his or her registration by paying the appropriate fee to the Clerk of the Legislature before December 31st of each calendar year does not require the lobbyist to complete and file a new Application For Registration as a Lobbyist if such application has been amended as required on the lobbyist's quarterly reports. Reference: section 005. A lobbyist renewing his or her registration shall provide the Clerk of the Legislature with the name of the principal for which the registration is being renewed and such other information as the Clerk of the Legislature may require.

007 FILING OF QUARTERLY REPORTS. Every registered lobbyist for each of his or her principals and every principal having a registered lobbyist shall file a separate statement of lobbying receipts and expenditures for each calendar quarter. Such statements shall be filed with the Clerk of the Legislature within 30 days after the end of each calendar quarter. Reference: Section 49-1483, Neb. Rev. Stat.

.01 A principal shall file only one quarterly report regardless of the number of lobbyists it has.

.02 A lobbyist or principal may file an exemption to quarterly reports as provided in section 010 of this rule.

008 CONTENTS OF NEBRASKA REGISTERED LOBBYIST QUARTERLY REPORT. Each report shall show the total amount received or expended directly or indirectly for the purpose of carrying on lobbying activities, with the following categories of expenses each being separately itemized: (a) Miscellaneous expenses, (b) entertainment, including expenses for food and drink, (c) lodging expenses, (d) travel expenses, (e) lobbyists compensation, (f) lobbyist expense reimbursement, (g) admissions to a state-owned facility or a state-sponsored industry or event, and (h) extraordinary office expenses directly related to the practice of lobbying. Each report shall also include a detailed statement of any money which is loaned, promised, or paid by a lobbyist or anyone acting on his or her behalf to an official or staff of an official in the executive or legislative branch of State Government. The detailed statement shall identify the recipient and the amount and terms of the loan, promise, or payment. Additionally, each report shall disclose the total amount of money expended for gifts other than admissions to a state-owned facility or a state-sponsored industry or event. Section 49-1483(2), Neb. Rev. Stat. (Reference: 002.10)

.01 Receipts need be reported only in total and not itemized.

.02 Lobbyist compensation as a receipt by the lobbyist. Except for lobbyist reimbursement as described in section 008.03 of this rule, the lobbyist must report all payments received from the principal and from others on behalf of the principal in a given calendar quarter, except amounts excludable pursuant to sections 002.09 and 002.06A of this rule. When a lobbyist is an employee of the principal, part of the lobbyist's compensation must be reported as lobbyist compensation if the lobbyist engaged in any lobbying activity during the reporting period. When an employer of a lobbyist is engaged by the principal of the lobbyist to provide consulting or management services which include lobbying activity, part of the lobbyist compensation or wages must be reported as lobbyist compensation if the lobbyist engages in any lobbying activity during the reporting period even if the lobbyist is not directly compensated by the principal.

.02A Compensated time reasonably attributable to influencing legislative action must be reported. Section 49-1483 of the Nebraska Political Accountability and Disclosure Act provides that lobbyists shall report the total amount received or expended directly or indirectly for the purpose of carrying on lobbying activities and specifically lobbyist fees for lobbyist services. When a principal retains the services of a person who has only part-time lobbying duties, only the compensation paid which is reasonably attributable to influencing legislative action need be reported.

The test to determine whether a given activity constitutes influencing legislative action is one of fact, i.e., the principal purpose of the activity. If the purpose of the activity is to promote, support, influence, modify, oppose or delay any legislative action, then the activity is within the definition. A lobbyist normally is not employed merely to communicate with officials in the legislative or executive branches of state government but is also expected to perform a number of other activities which assist both the lobbyist and the principal in promoting or defeating legislative action. To the extent payments received by a lobbyist are only partially in consideration for his or her duties and services for influencing legislative action, the lobbyist may apportion the payments based on the percentage of the lobbyist's compensated time which is reasonably attributable to influencing legislative action and report the apportioned dollar amount.

.02A1 If an individual is otherwise required to be registered as a lobbyist, the lobbyist must include time attributable to appearances before legislative committees and writing letters or furnishing written materials to individual members of the Legislature or the committees thereof.

. 03 Receipts for lobbyist reimbursement. The lobbyist must report all amounts received during the calendar quarters for reimbursement of expenses from a principal or from a third person, regardless of the calendar quarter in which the expenditure for which reimbursement is made actually occurred.

.04 Total and individually categorized items of expenditures should reflect expenditures incurred, although not necessarily paid by the lobbyist during the calendar quarter. Reference: Section 49-1419(4), Neb. Rev. Stat. Provided, however, so long as there is no arrangement for or willful late billing by a vendor, the same may be reported in the calendar quarter of the receipt of a bill or invoice therefor.

.05 A lobbyist must report and itemize all expenditures which are made to influence legislative action, including but not limited to, payments to vendors for goods and services, transactions with or for the benefit of a public official, a member of his or her immediate family or a member of his or her staff, including money loaned, promised or paid to an official or staff of an official in the legislative or executive branches of state government or anyone on his or her behalf, including a business with which the official or staff is associated, the forgiveness of a loan, a preferential interest rate and forbearance on the collection of an obligation. The expenditures by the lobbyist referred to above shall not be deemed to have been made to influence legislative action if they are done in the normal course of business, are clearly reasonable and there was an exchange of equal consideration between the parties.

.06 Expenditures must be itemized pursuant to the categories set forth in this Section.

.06A Miscellaneous expenses. Miscellaneous expenses means any expenditure by a lobbyist or anyone acting on behalf of such lobbyist, including an expenditure which is made for the benefit of a public official in the executive or legislative branch of state government or the official's staff or relatives which does not otherwise fall within the categories of entertainment expense, lodging expense, travel expense, lobbyist compensation, lobbyist expense reimbursement, admissions to a state-owned facility or a state-sponsored industry or event, or extraordinary office expenses. Miscellaneous expenses include expenditures of money loaned, promised or paid to any official, or staff of an official in the executive or legislative branch of state government, including a business with which the official or staff member is associated if the payment is made to influence legislative action.

.06A1 Campaign contributions need not be reported by a lobbyist as lobbying expenditures, unless the principal reimburses the lobbyist therefor. In such case, the lobbyist shall report the campaign contribution as a miscellaneous expense. In addition, the lobbyist shall report the reimbursement as a receipt.

.06B Entertainment, including expenses for food and drink. The total expenditure of the lobbyist must be reported if made while engaged in a lobbying activity, direct or indirect, or otherwise to influence legislative action and not just the amount expended for food and drink for a public official, a member of his or her immediate family or a public employee. Expenses reported under this category shall disclose the aggregate expenses for each of the following two categories of elected officials: (1) Members of the Legislature, and (2) officials of the executive branch of government. Cross Reference: section 013.02A

.06B1 For the purpose of reporting aggregate expenses for entertainment for members of the Legislature, the amount reported shall be the actual amount attributable to entertaining members of the Legislature. (Reference: §49-1483(3)(b)

.06B2 When the nature of the event makes it impractical to determine actual cost, the cost of entertainment shall be the average cost per person multiplied by the number of members of the Legislature in attendance. (Reference: §49-1483(3)(b))

.06B3. For the purpose of reporting aggregate expenses for entertainment for officials in the executive branch, the amount reported shall be the actual amount attributable to entertaining members of the executive branch. (Reference: §49-1483(3)(b))

.06B4 When the nature of the event makes it impractical to determine actual cost, the cost of entertainment shall be the average cost per person multiplied by the number of officials in the executive branch in attendance. (Reference: §49-1483(3)(b))

.06B5 In all cases where a lobbyist claims reimbursement from his or her principal, the total amount of such entertainment expense must be reported where any part of the same was for food and drink for a public official, a member of his or her immediate family or a member of his or her staff. In addition, the reimbursement received from the principal must be included in total receipts.

.06C Lodging expenses. Payments made by a lobbyist solely for the lodging of the lobbyist or the specific reimbursement therefor by the principal need not be reported. If lodging expenses are incurred for the purpose of carrying on other lobbying activities, such as providing lodging to, or paying the lodging expenses of others to influence legislative action, then the total expenditure by the lobbyist shall be reported including the lodging expense of the lobbyist. Cross Reference: section 013.02B

.06D Travel expenses. Payments made by a lobbyist solely for the transportation of the lobbyist or the specific reimbursement therefor by the principal need not be reported. If travel expenses are incurred for the purpose of carrying on other lobbying activities, such as providing travel to, or paying the travel expenses of others to influence legislative action, then the total expenditure by the lobbyist shall be reported including the travel expense of the lobbyist. Cross Reference: section 013.02C

.06D1 If a public official accompanies such lobbyist, the total cost or value of the trip, and not just the value of the benefit to the public official, must be reported. If such trip is by private airplane the amount reported shall be the fair value of the cost to operate such airplane for that trip. If such trip is by automobile, the amount to be reported shall not be less than the highest reimbursement rate per mile allowed pursuant to Section 81-1176, Neb. Rev. Stat, as the same may be amended from time to time. If such trip is by commercial transportation, the amount to be reported shall be the actual fares paid by the lobbyist, including the fare of the lobbyist and all other persons on such trip.

.06E Lobbyist compensation as an expenditure by the lobbyist. All amounts paid by a lobbyist to others, as salary or other compensation, pursuant to section 002.09 of this rule, whether or not the recipient is, or is required to be, a registered lobbyist for the same principal as the paying lobbyist, shall be reported by the paying lobbyist as an expenditure for lobbyist compensation. Amounts paid as general overhead for typing, filing or other types of clerical office work do not have to be reported as compensation, unless the persons receiving the same are compensated additionally or separate and apart from their regular salaries for engaging in other lobbying activities.

.06F Lobbyist expense reimbursement as an expenditure by a lobbyist. Any amounts expended by a lobbyist to reimburse others for activity reasonably attributable to the influencing of legislation shall be reported.

.06G Admissions to a state-owned facility or to a state-sponsored industry or event shall disclose the aggregate amounts given to each of the following two categories of elected officials: (1) Members of the Legislature, and (2) officials in the executive branch of government.

.06H Extraordinary office expenses. Only extraordinary office expenses must be reported. An office expense by a lobbyist directly related to lobbying activity which is other than the normal overhead and operating expense of the lobbyist is an extraordinary office expense. An office expense directly related to lobbying activity for which the lobbyist is reimbursed by the principal is an extraordinary office expense and shall be reported. (Reference: 002.016)

.07 Money loaned, promised or paid by a lobbyist or anyone acting on his or her behalf. In addition to the provisions of sections 002.07 and 008.06A of this rule for reporting the amount of money loaned, promised or paid as a miscellaneous expense, the quarterly report of a lobbyist must contain a detailed statement of any money loaned, promised or paid by the lobbyist, or anyone acting on his or her behalf, to an official or staff of an official in the executive or legislative branches of state government. The detailed statement should include money loaned, promised or paid to a third party for the benefit of an official or staff of an official in the executive or legislative branch of state government, including a business with which the official or staff member is associated.

.07A The detailed statement shall identify the recipient and the amount and terms of the loan, promise, or payment. The terms shall include the date of the loan, promise, or payment and the reason for such payment. If the loan, promise or payment is made to a third party for the benefit of an official in the executive or legislative branch of state government or a member of the official's staff, the detailed statement shall also identify the beneficiary.

.08 Gifts. The total amount expended for gifts, other than admissions to a state owned facility or a state-sponsored industry or event, shall disclose the aggregate amounts given to each of the following categories of elected officials: (1) Members of the Legislature, and (2) officials in the executive branch of government.

009 CONTENTS OF NEBRASKA PRINCIPAL QUARTERLY REPORT.

Each report shall show the total amount received or expended directly or indirectly for the purpose of carrying on lobbying activities, with the following categories of expenses each being separately itemized: (a) Miscellaneous expenses, (b) entertainment, including expenses for food and drink, (c) lodging expenses, (d) travel expenses, (e) lobbyist compensation, (f) lobbyist expense reimbursement, (g) admissions to a state-owned facility or a state-sponsored industry or event, and (h) extraordinary office expenses directly related to the practice of lobbying. Each report shall also include a detailed statement of any money which is loaned, promised, or paid by a principal or anyone acting on behalf of such principal to an official or staff of an official in the executive or legislative branches of state government. The detailed statement shall identify the recipient and the amount and terms of the loan, promise, or payment. Additionally, each report shall disclose the total amount of money expended for gifts other than admissions to a state-owned facility or a state-sponsored industry or event. (Reference: Section 49-1483, Neb. Rev. Stat., and sections 002.10 and 002.10A)

.01 Receipts must be reported in total and need not be itemized.

.02 Receipts by a principal of over $100. The quarterly reports of a principal shall contain the name and address of every person from whom the principal has received more than $100 in any one month for lobbying purposes. Reference: Section §49-1483(7), Neb. Rev. Stat.

.02A Such names and addresses must be reported with respect to receipts designated or received as a result of a solicitation, for lobbying purposes.

.02B The quarterly reports of a principal shall identify the month of receipt of all amounts in excess of $100.

.03 Receipts for lobbyist reimbursement. The principal must report all amounts received from any third person during the calendar quarter which are used to reimburse a lobbyist for expenses, regardless of the calendar quarter in which the expense for which reimbursement is received actually occurred.

.04 A principal's receipt of lobbyist compensation. The principal shall report all funds received in the calendar quarter which are designated, treated or have been solicited for lobbying purposes, including lobbyist compensation, as a part of its total receipts.

.05 A principal must report and itemize, not only its expenditures to compensate and reimburse its lobbyist, but such principal must report all expenditures it makes to influence legislative action, including but not limited to, payments to vendors for goods and services, transactions with or for the benefit of a public official, a member of his or her immediate family or a member of his or her staff, including money loaned, promised or paid to an official or staff of an official in the legislative or executive branches of state government, including a business with which the official or staff is associated, the forgiveness of a loan, a preferential interest rate and forbearance on the collection of an obligation. The expenditures by the principal referred to above shall not be deemed to have been made to influence legislative action if they are done in the normal course of business, are clearly reasonable and there was an exchange of equal consideration between the parties.

.06 Expenditures must be itemized pursuant to the categories set forth in this section.

.06A Miscellaneous expenses. Miscellaneous expenses means any expenditure by a principal or anyone acting on behalf of such principal, including an expenditure which is made for the benefit of a public official in the executive or legislative branch of state government or the official's staff or immediate family members, which does not otherwise fall within the categories of entertainment expense, lodging expense, travel expense, lobbyist compensation, lobbyist expense reimbursement, admissions to a state-owned facility or to a state-regulated industry or event, or extraordinary office expenses. Miscellaneous expenses include expenditures of money loaned, promised or paid to any official, or staff of an official in the executive or legislative branch of state government including a business with which the official or staff member is associated if the payment is made to influence legislative action.

.06A1 Campaign contributions need not be reported by a principal as lobbying expenditures, unless the principal reimburses the lobbyist therefor, in which case the principal shall report such reimbursement as a miscellaneous expense.

.06B Entertainment, including expenses for food and drink. The total expenditure of the principal must be reported if the expense is incurred while engaged in a lobbying activity, direct or indirect, or otherwise to influence legislative action and not just the amount expended for food and drink for a public official, a member of his or her immediate family or a public employee. Expenses reported under this category shall disclose the aggregate expenses for each of the following two categories of elected officials: (1) Members of the Legislature, and (2) officials of the executive branch of government. Cross Reference: section 013.02A

.06B3 For the purpose of reporting aggregate expenses for entertainment for officials in the executive branch, the amount reported shall be the actual amount attributable to entertaining members of the executive branch. (Reference: §49-1483(3)(b))

.06B5 In all cases where a lobbyist claims reimbursement from his or her principal, the total amount of such reimbursement must be reported as an entertainment expense by the principal where any part of the same was for food and drink for a public official, a member of his or her immediate family or a member of his or her staff.

.06C Lodging expenses. Payments made by a principal solely for the lodging of its lobbyist or the specific reimbursement therefor need not be reported. If lodging expenses are incurred for the purpose of carrying on other lobbying activities, such as providing lodging to, or paying the lodging expenses of, others to influence legislative action, then the total expenditure by the principal shall be reported including the lodging expense of the lobbyist. Cross Reference: section 013.02B

.06D Travel expenses. Payments made by a principal solely for the transportation of its lobbyist or the specific reimbursement therefor need not be reported. If travel expenses are incurred for the purpose of carrying on other lobbying activities, such as providing travel to, or paying the travel expenses of others to influence legislative action, then the total expenditure by the principal shall be reported including the travel expense of its lobbyist. Cross Reference: section 013.02C

.06D1 If a public official accompanies a lobbyist, the total cost or value of the trip, and not just the value of the benefit to the public official, must be reported. If such trip is by private airplane the amount reported shall be the fair value of the cost to operate such airplane for that trip. If such trip is by automobile, the amount to be reported shall not be less than the highest reimbursement rate per mile allowed pursuant to Section 81-1176, Neb. Rev. Stat, as the same may be amended from time to time. If such trip is by commercial transportation, the amount to be reported shall be the actual fares paid by the principal or lobbyist, including the fares of the lobbyist and all other persons on such trip.

.06E Lobbyist compensation as an expenditure by a principal. All amounts paid by a principal to a lobbyist or others, as salary or other compensation, pursuant to Section 002.09 of this rule, whether or not the recipient is, or is required to be, a registered lobbyist for such principal, shall be reported by the principal as an expenditure for lobbyist compensation. Amounts paid as general overhead for typing, filing or other types of clerical office work do not have to be reported as lobbyist compensation unless the person receiving the same is compensated additionally or separate and apart from his or her regular salary for engaging in other lobbying activities.

.06E1 When a lobbyist is an employee of the principal, part of the lobbyist's compensation must be reported as an expenditure for lobbyist compensation if the employee engaged in any lobbying activity during the reporting period.

.06E2 When a principal engages a lobbyist or the employer of a lobbyist for management or consulting services which include lobbying activity, part of amount paid for such services must be reported as lobbyist compensation if the lobbyist engages in any lobbying activity during the reporting period.

.06E3 Compensated time reasonably attributable to influencing legislative action must be reported. Section 49-1483 of the Nebraska Political Accountability and Disclosure Act provides that principals shall report the total amount received or expended directly or indirectly for the purpose of carrying on lobbying activities and specifically lobbyist compensation. When a principal retains the services of a person who has only part-time lobbying duties, only the compensation paid which is reasonably attributable to influencing legislative action need be reported. The test to determine whether a given activity constitutes influencing legislative action is one of fact, i.e., the principal purpose of the activity. If the purpose of the activity is to promote, support, influence, modify, oppose or delay any legislative action, then the activity is within the definition. A lobbyist normally is not employed merely to communicate with officials in the legislative or executive branches of state government but is also expected to perform a number of other activities which assist both the lobbyist and the principal in promoting or defeating legislative action. To the extent payments made to a lobbyist are only partially in consideration for his or her duties and services for influencing legislative action, the principal may apportion the payments based on the percentage of the lobbyist's compensated time which is reasonably attributable to influencing legislative action and report the apportioned dollar amount.

.06F Lobbyist expense reimbursement as an expenditure by a principal. Any amounts expended by a principal to reimburse a lobbyist for activity reasonably attributable to the influencing of legislation shall be reported.

.06H Extraordinary office expenses. Only extraordinary office expenses must be reported. An office expense by a principal directly related to lobbying activity which is other than the normal overhead and operating expense of the principal is an extraordinary office expense.

.07 Money loaned, promised or paid by a principal or anyone acting on behalf of such principal. In addition to the provisions of Sections 002.07 and 009.06A of this rule for reporting the amount of money loaned, promised or paid as a miscellaneous expense, the quarterly report of a principal must contain a detailed statement of any money loaned, promised or paid by the principal, or anyone on its behalf, to an official or staff of an official in the executive or legislative branches of state government. The detailed statement should include money loaned, promised or paid to a third party for the benefit of an official or staff in the executive or legislative branches of state government, including a business with which the official or staff member is associated. (Reference: sections 002.10 and 002.10A)

.09 Any lobbyist or principal who receives or expends more than $5,000 for lobbying purposes during any calendar month in which the Legislature is in session shall, within fifteen (15) days after the end of such calendar month, file a special report disclosing for that calendar month all the information required in a quarterly report. All information disclosed in a special report shall also be disclosed in the next quarterly report required to be filed. The requirement to file a special report shall not apply to a receipt or expenditure for lobbying fees for lobbying services which have otherwise been disclosed in the lobbyist's application for registration.

.09A If an application for registration as a lobbyist discloses that lobbying fees for lobbying services will exceed $5,000 per month, no special report is required because of the expenditure or receipt of these lobbying fees for lobbying services.

.09B If an application for registration as a lobbyist discloses that lobbying fees for lobbying services will be paid at a stated hourly rate, and if the number of hours worked by the lobbyist in a month results in lobbying fees for lobbying services in excess of $5,000, no special report is required because of the payment or receipt of these lobbying fees for lobbying services.

010 EXEMPTIONS TO QUARTERLY REPORTS.

.01 If a lobbyist does not expect to receive lobbying receipts from or make lobbying expenditures for a principal, other than the lobbyist's registration fee, the quarterly reports as to such principal need not be filed by the lobbyist if the principal and lobbyist both certify such facts using the electronic filing system established by the Clerk of the Legislature. A lobbyist exempt from filing a quarterly statement shall:

.01A File a Statement of Activity pursuant to §49-1488, Neb. Rev. Stat, and section 011 of this rule; and

.01B Resume or commence filing quarterly statements with regard to such principal starting with the calendar quarter during which the lobbyist receives lobbying receipts or makes lobbying expenditures for such principal and file all reports due thereafter. The lobbyist must show in his or her report for that quarterly period a change or correction to his or her application for registration as a lobbyist to reflect the terms and conditions of compensation or reimbursement, if any, given or to be given to him or her.

.02 If a principal does not expect to receive lobbying receipts or make lobbying expenditures, the quarterly reports required pursuant to §49-1483 need not be filed by the principal if the principal and lobbyist both certify such facts using the electronic filing system established by the Clerk of the Legislature. A principal exempt from filing a quarterly statement pursuant to this Section, shall commence or resume filing a quarterly statement starting with the calendar quarter during which the principal receives lobbying receipts or makes lobbying expenditures.

011 REPORT BY LOBBYIST OF ACTIVITIES DURING A LEGISLATIVE SESSION.

Within 45 days of the completion of each regular or special session of the Legislature, each registered lobbyist shall submit to the Clerk of the Legislature a statement for each of his or her principals listing the legislation upon which such lobbyist acted, including identification by number of any bill or resolution and the position taken by such lobbyist. Reference: Section 49-1488, Neb. Rev. Stat.

.01 Every registered lobbyist must file an activity report regardless of whether he or she is required to file quarterly receipts and expenditures reports.

.02 Such statement need not include bills or resolutions merely monitored by the lobbyist but must include all bills or resolutions for which the lobbyist was authorized to lobby by his principal and for which he engaged in any other lobbying activity or made any expenditure to influence legislative action.

.03 In the event that a lobbyist supports or opposes an amendment or a procedural matter pertaining to a bill or resolution upon which the lobbyist has not otherwise acted, the lobbyist shall show on his or her statement of activity his or her support or opposition to the bill or resolution to which the amendment or procedural matter pertains.

In the alternative the lobbyist shall show on his or her statement of activity the number of the amendment or procedural matter, if any, and a brief description which shall include the number of the bill or resolution to which the amendment or procedural matter pertains.

.04 A lobbyist who engages in no lobbying activity in connection with a special session of the Legislature is not required to file a Statement of Activity for that special session. (Reference: sections 002.03 to 002.06)

012 TERMINATION OF REGISTRATION.

.01 The termination of a lobbyist's registration and his or her duty and the duty of his or her principal to file quarterly reports will be permitted after (1) the principal and the lobbyist cease to receive or expend lobbying funds, (2) the lobbyist ceases to engage in lobbying activities; (3) a final report is filed by the lobbyist and his or her principal disclosing all the information required by quarterly reports; (4) a Statement of Activity is filed listing the legislation upon which such lobbyist acted as required by section 011 of this rule; and (5) upon the Clerk of the Legislature receiving a written statement from the lobbyist stating that he or she has ceased lobbying or such a statement from the principal stating that the lobbyist's authority to lobby has been terminated.

.01A In cases where the principal has other registered lobbyists, the requirement that it cease to receive or expend lobbying funds is not applicable. Such principal is not required to file a final report and must continue to file quarterly reports.

.02 After such termination, the lobbyist may not engage in lobbying activities nor receive or expend funds for lobbying purposes without a new registration.

.03 All registrations terminate on December 31 of each calendar year unless renewed as provided in 006 of this rule. Once a lobbyist registration has terminated, it may only be renewed by the filing of a new application for registration as a lobbyist and the payment of a registration fee as provided in Section 003 of this rule.

013 GIFT LIMITATIONS.

.01 No principal, lobbyist, or person acting on behalf of either shall within one calendar month give any gifts with an aggregate value of over fifty dollars to any of the following:

.01A An official or a member of the official's staff in the executive branch of government;

.01B An official or a member of the official's staff in the legislative branch of state government; or

.01C A member of the immediate family of an official in the executive or legislative branch of state government. (Reference Section 49-1490), Neb. Rev. Stat.

.02 Gift shall mean a payment, subscription, advance, forbearance, rendering, or deposit of money, services, or anything of value, unless consideration of equal or greater value is given therefor. Gift shall not include a campaign contribution otherwise reported as required by law, a commercially reasonable loan made in the ordinary course of business, a gift received from a relative, a breakfast, luncheon, dinner, or other refreshments consisting of food or beverage provided for immediate consumption, or the occasional provision of transportation within the State of Nebraska. Reference: Section 49-1423, Neb. Rev. Stat.

.02A Entertainment, including expenses for food and drink. The lobbyist or a representative of the lobbyist or a principal must be present on the immediate premises at the time expenditures are incurred for food and drink for a public official, a member of his or her immediate family, or a member of his or her staff. If such an individual is not present, such furnishing of food and drink shall constitute evidence of a violation of Section 49-1490, if the amount thereof exceeds $50, along with other gifts in a calendar month. The providing of a breakfast, luncheon, dinner or other refreshments consisting of food and beverage to a public official, a member of his or her immediate family or a member of his or her staff must be for immediate consumption. Such persons may not be given nor may they solicit or accept food or beverages by charging the same to an account of the lobbyist or principal without the lobbyist or principal being present and each expenditure therefor being authorized by the lobbyist or principal at the time it is incurred. The authority of the lobbyist or principal to authorize such expenditures may not be delegated to a vendor.

.02B Lodging expenses for the benefit of a public official, a member of his or her immediate family, or a member of his or her staff of more than $50, along with other gifts in a calendar month, are prohibited unless consideration of equal or greater value is given therefor. Reference: Section 49-1490, Neb. Rev. Stat.

.02B1 The attendance at an event does not, in and of itself, constitute consideration of equal or greater value.

.02B2 Only lodging expenses which are reasonable and necessary under the circumstances and are not otherwise reimbursed may be paid.

. 02C Transportation provided to a public official, a member of a public official's immediate family, or staff outside the State of Nebraska of a value of more than $50 is prohibited unless consideration of equal or greater value is given therefor. Reference: Section 49-1490, Neb. Rev. Stat.

.02C1 The attendance at an event out of state does not, in and of itself, constitute consideration of equal or greater value.

.02C2 Only transportation expenses which are reasonable and necessary under the circumstances and are not otherwise reimbursed may be paid.

.02D An honorarium given or money loaned, promised or paid to an official in the executive or legislative branch of state government, or his or her staff, by a principal, lobbyist, or anyone acting on behalf of either for the official's or the staff's participation in, appearance at, or speaking at an event at the request of the principal or lobbyist does not constitute an exchange in the normal course of business for which equal or greater value is given and is required to be reported.

.02E Money loaned, promised or paid shall not include a loan by a principal in the business of making loans which is commercially reasonable and in accordance with regular lending rules and regulations; transactions involving a principal which are performed in the ordinary course of business pursuant to the terms of an insurance contract; a dividend paid by a principal on publicly traded stock; interest paid by a principal on bonds offered to the public; or any transaction involving a principal which is deemed confidential under the laws or regulations of the United States of America or the State of Nebraska.

.02F An admission to a state-owned facility or a state-sponsored industry or event of a value of more than $50 shall not be given by a principal, lobbyist, or person acting on behalf of either unless consideration of equal or greater value is given therefor. Any sponsoring agency, political subdivision, or publicly-funded postsecondary educational institution may give such admissions regardless of value but must report them pursuant to Section 49-1492.01, Neb. Rev. Stat.

.02F1 Any agency, political subdivision, or publicly-funded postsecondary educational institution that is a lobbyist must also report admissions pursuant to section 008.06G of this rule.

.02F2 Any agency, political subdivision, or publicly-funded postsecondary educational institution that is a principal must also report admissions pursuant to section 009.07G of this rule.

014 RECORD KEEPING. Each lobbyist and principal shall obtain and preserve all accounts, bills, receipts, books, papers, and documents necessary to substantiate the statements required to be made pursuant to Section 49-1483 for three years after the report containing those items is filed. These records shall be made available for inspection upon request by the commission after reasonable notice. Nothing in this Section shall require that a receipt for any food and drink expenditure be kept if such expenditure is in an amount of less than $25. Reference: Section 49-1489, Neb. Rev. Stat.

.01 A principal is subject to audit pursuant to the provisions of Section 49-14,122, Neb. Rev. Stat., and furnishing additional details pursuant to Section 49-1484, Neb. Rev. Stat, with respect to matters which are or should be included in such statements.

.02 The provisions of Section 49-1489, Neb. Rev. Stat, providing that a receipt for food and drink of less than $25.00 need not be kept means that such a receipt need not be obtained and kept.

015 LATE FILING FEES FOR LOBBYIST QUARTERLY REPORTS, LOBBYIST SPECIAL REPORTS AND STATEMENTS OF ACTIVITY.

.01 Every lobbyist who fails to file a quarterly report or a statement of activity with the Clerk of the Legislature shall pay to the Commission a late filing fee of $25 for each day any of such statements are not filed in violation of such Sections but not to exceed $750 per statement. Every lobbyist who fails to file a special report shall pay to the Commission a late filing fee of $100 for each of the first ten days the report remains not filed. After the tenth day, the lobbyist shall pay, for each day the report remains not filed, an additional late filing fee of one percent of the amount of the receipts and expenditures which were required to be reported, not to exceed ten percent of the amount of the receipts and expenditures which were required to be reported. As to any late filing fee, interest shall accrue on all late filing fees and civil penalties imposed at the rate specified in Section 45-104.02, Neb. Rev. Stat, as such rate may from time to time be adjusted. Reference: Sections 49-1463.02; 49-1483.03(2); and 49-1488.01, Neb. Rev. Stat.

.01A The interest shall begin to accrue thirty days after the Commission sends notice to the person of the assessment of the late filing fee or civil penalty.

.01B. A written request filed with the Commission for relief from late filing fees shall stay the accrual of interest on a late filing fee until such time as the Commission grants or denies the relief.

.01C. Interest on an unpaid late filing fee or civil penalty shall be simple interest.

.01D. The daily accrual of interest shall be calculated by dividing the amount of the annual interest by 365.

.01E. At the time of payment interest may be rounded down to the nearest dollar.

.01F. When the interest rate changes in accordance with the provisions of Section 45-104.02, Neb. Rev. Stat, the new interest rate shall be applied to any unpaid late filing fees and civil penalties including those late fees and civil penalties previously assessed.

.01G. Payment of late filing fees, civil penalties and interest shall be applied first to the interest and then to the principal of the late filing fees and civil penalties.

.02 A lobbyist required to pay a late filing fee and interest, if applicable, may apply in writing to the Commission for relief.

.02A The Commission by order may reduce the amount of the late filing fee and interest, if applicable, imposed upon such lobbyist if he or she shows the Commission that:

.02A1 the circumstances indicate no intent to file late;

.02A2 the lobbyist has not been required to pay a late filing fee for two years prior to the time the filing of the statement was due;

.02A3 the late filed statement shows that less than $5,000 was raised, received or expended during the reporting period; and

.02A4 a reduction of the late fee or interest, if applicable, would not frustrate the purpose of the Nebraska Accountability and Disclosure Act.

016 Method of Filing Applications, Reports and Statements by Principals and Lobbyists

.01 The application for registration as a lobbyist required pursuant to §004 of this rule, the amendment to registration as a lobbyist required pursuant to §005 of this rule, and the renewal of registration as a lobbyist required pursuant to §006 of this rule shall be filed using the electronic filing system established by the Clerk of the Legislature.

.02 The quarterly report required to be filed by a lobbyist pursuant to §007 and §008 of this rule shall be filed using the electronic filing system established by the Clerk of the Legislature.

.03 The special report required to be filed by a lobbyist pursuant to §009.09 of this rule shall be filed.

.04 The quarterly report required to be filed by a principal pursuant to §007 and §009 of this rule shall be filed using the electronic filing system established by the Clerk of the Legislature.

.05 The special report required to be filed by a principal pursuant to §009.09 of this rule shall be filed using the electronic filing system established by the Clerk of the Legislature.

.06 The statement of activity required to be filed by a lobbyist pursuant to §011 of this rule shall be filed using the electronic filing system established by the Clerk of the Legislature.

.07 The exemption statement which may be filed by a lobbyist or principal pursuant to §010 of this rule shall be filed using the electronic filing system established by the Clerk of the Legislature.

.08 The termination statement which may be filed by a lobbyist or principal pursuant to §012 of this rule shall be filed using the electronic filing system established by the Clerk of the Legislature.

017 STATUTORY AUTHORITY. This rule is adopted pursuant to the provisions of Sections 49-14,123(1) and (2), and 49-1484, Neb. Rev. Stat.

Lobby Electronic Filing Instructions

(provided by the Clerk of the Legislature)

All lobby registrations and reports filed with the Legislature are required to be submitted electronically using the online lobby registration and reporting system. (This requirement is pursuant to the provisions of LB 782 passed in 2012 and that took effect January 1, 2015.) Paper forms cannot be accepted.

Anyone who is going to lobby on behalf of another must register as a Lobbyist.
Prior to engaging in lobbying activity, Lobbyists must register for each Principal they are going to lobby on behalf of.
Lobbyists are required to submit quarterly reports throughout the year (unless they are exempt) as well as an activity report due after the end of each session.
Principals are also required to submit quarterly reports.
Registrations automatically expire at the end of every calendar year (December 31^st) and need to be renewed in order to continue lobbying for the following year.

Topics

· Accessing the Online Lobby System

· Forgotten Password and/or Username

· Create New Account (for new users)

· Change Name, Contact, or Account Information (also see Amend Forms)

· Amend Forms

· Registration/Renewal

· Form A - Registration

· Form A-R - Registration Renewal

· Pay Registration Fee(s)

· Form B - Lobbyist Quarterly Report

· Form C - Principal Quarterly Report

· Form D - Statement of Activity

· Form E - Exemption Statement (for non-compensated Lobbyists)

· Form F - Termination Statement

· Contact Info for Questions

Accessing the Online Lobby System

Navigate to https://nebraskalegislature.gov/
Click on “For Lobbyists” on the left side.

Under the “Publications and Reports” heading are various lobby lists and reports.

Under “User Features” heading:

Submit Lobbyist and Principal Reports (register, file reports, or create a new account)
View Lobbyist and Principal Reports
Electronic Filing Instructions
Lobby Deadlines
Lobby Guidelines: Rules and Regulations
Get Labels for Bills

For the purpose of logging in, registering, filing reports, or creating a new account, choose “Submit Lobbyist and Principal Reports” under the “User Features” heading.
If you already have an account, log in using your username and password.

If you have not ever created an account in this system - see the section on “Create New Account”.
If you don’t remember your password or username, do not create a new account - see the “Forgotten Password and/or Username” section below or contact the Lobby Clerk at lobby@leg.ne.gov or (402) 471-2608.

You can access forms on the left side once you log in.

If you do not see the forms you need, make sure you are logged into the correct account. Lobbyists and Principals who have separate accounts have different log-in credentials and access to different forms.

Forgotten Password and/or Username

Under the “Login” box, click on whichever you need - password or username - and follow the instructions or you can contact the Lobby Clerk at lobby@leg.ne.gov or (402) 471-2608.

Create New Account (for new users)

Each Lobbyist and Principal needs to have an account in order to use the online lobby system.
Each Lobbyist can have only one account for themselves. Create a new account only if you have not created one for this system in the past.
You will use your same account for any time that you use the online lobby system.
Accounts are not transferable to a different Lobbyist or Principal.
If you have an account, but your name has changed - see “Change Name, Contact, or Account Information”.
If you don’t remember your password or username - see “Forgotten Password and/or Username” above.

Click on “For Lobbyists” on the left side of the Legislature’s website.

Under the “User Features” heading, click on “Submit Lobbyist and Principal Reports”.

Select “Create New Account” on the left side and proceed to complete all of the fields accordingly.

Filed or not filed forms in the past:

Mark the box at the top if whomever the account is being created for (Lobbyist or Principal) has filed any lobby forms (paper or online) in the past.
Do not mark the box at the top if whoever the account is being created for (Lobbyist or Principal) has not ever filed any lobby forms in the past.
This is an important step to ensure that the Lobbyist and Principal accounts will be properly linked to any records on file.

Lobbyist or Principal or Both - Choose from the drop-down for which the account is being created. There is the choice of creating an account as a Lobbyist and then creating a separate account for the Principal, or if you act as both the Lobbyist and Principal, you may select “Both” and this will link a single account for the Lobbyist and Principal to share.

Name:

If you marked the box at the top saying that you have filed forms in the past, select the name from the drop-down. (If the name is not listed, this may mean an account has already been created. You can check in the “Browse Forms” link on the left side to see if an account already exists and if so, see “Forgotten Password and/or Username”.)
If you did not mark the box at the top because you have not filed forms (paper or online) in the past, you will need to type in the name. (Lobbyists should put their last name in first for alphabetizing purposes.)
If you have created an account in the past and just need to make a change to the name, do not create a new account - instead, you can make changes when you fill out or amend forms - see the next section regarding “Change Name, Contact, or Account Information”.

Username - can be up to 30 characters, letters and numbers only, but cannot start with a number and cannot use any spaces. The username must be unique/different and not already in use.

Password - can be up to 30 characters and the same password can be used for more than one account or for both the Lobbyist and Principal accounts. (The username must be different and not already in use.)

Email Address - can be up to 64 characters and must be a valid email format. (The same email address can be used for more than one account.)

Security Questions and Answers - can be up to 64 characters. Choose a question from the drop-down list and then type in your answer.

Mark that you certify that all information is accurate to the best of your knowledge.

You can choose the option to have email reminders for lobby filing deadlines sent to you. You may opt out at any time in your “Settings”.

Captcha - Mark the box that says, “I’m not a robot”.

Write down your account information or print a copy of the screen and keep this information for future reference. Be sure to keep track of your username and password for accessing your account.

When finished, click on “Create Account” at the bottom of the screen. You will now be able to log in using your username and password. You will use your same account for any time that you use the online lobby system.

Change Name, Contact, or Account Information (See also “Amend Forms”)

Type over the old information and submit the form.
Once a change is made, subsequent forms will show the change as well.
When changing a name, this is only for if it is for the same Lobbyist or Principal, not to change to a different Lobbyist or Principal. Accounts and registrations are not transferable to a different Lobbyist or Principal.

To change a password, email address, or security questions/answers associated with an account - these changes can be made in the “Settings” in the upper right of the screen.

To change a Lobbyist name, address, or phone number - this can be done when filing or amending a Form A, B, B-B, D, E, or F.

To change a Principal address or phone number - this can be done when filing or amending a Form A, B, B-B, C, C-C, D, E, or F.

To change a Principal name - this can be done in the Principal’s account “Settings” or when filing or amending a Form C or C-C.

Amend Forms

All forms can be amended by logging in, pulling up that specific form (choose year and Principal), marking “Amended”, making changes, and resubmitting it.
Once a change is made on a form, subsequent forms will show the change as well.
If you need to change a quarter or a year on a form, these particular changes will need to be done by a tech person so you will need to contact the Lobby Clerk at lobby@leg.ne.gov or (402) 471-2608 and let them know.

Log into your account.
Choose the form on the left that you need to amend.

If you want to amend Form A-R, you will need to go into Form A which is automatically filled in with the information from your A-R.
To amend a registration form before it is paid for, go into the “Pay Fees” section in the upper left of the screen and click on the pencil icon to the right of the pending registration you wish to amend and make any changes as needed.)

Mark the "Amended…" box.
Select the year of the form you need to make changes to.
If applicable, mark the quarter or session.
Choose the Principal (if you have more than one or unless you are amending Form C).
Make changes as needed.
Mark the box that you certify that all information is accurate to the best of your knowledge.
“Sign” the form with your name and account password.
Click “Submit”.

Registration/Renewal

Lobbyists must register for each Principal for whom they are going to lobby on behalf of. (Principals do not have to register.)
Use either “Form A - Registration” or “Form A-R - Registration Renewal” depending on which pertains to your situation.
Registrations automatically expire at the end of December 31^st of every year and need to be renewed in order to continue lobbying.

Form A - Registration

You will need to fill out “Form A - Registration” if you are registering to lobby for a Principal for the first time or if you did not renew your registration before it expired at the end of the calendar year for which you were previously registered.

Log into your Lobbyist account.
Select “Form A - Registration” on the left side.
Fill in the year in which you will be lobbying.
Mark whether you are compensated or not compensated. (If you are a salaried employee of your Principal, you are considered a compensated Lobbyist.)
The Lobbyist name and address will automatically populate. If you need to make any changes to the Lobbyist name or contact information, you can do so now.
Choose the Principal from the drop-down list. The Principal will appear in the drop-down list as long as the Principal has an account created and the accounts have been properly linked. (If you need to make any changes to the Principal contact information, you can do so now. To make changes to a Principal name, this can be done in the settings when logged in to the Principal account or when filing or amending a Form C or C-C.)
Continue to fill out the form accordingly.

(Note: For the “AMOUNTS GIVEN” section - do not use special characters like a $ and if a compensated Lobbyist enters any value that does not include a number greater than zero for the basis of their compensation - per month, per year, etc. - they will not be able to submit their form- unless they are employed with the Principal, then they can select “Percentage of salary”.)

When the form is complete, mark the box that you certify that all information is accurate to the best of your knowledge.
“Sign” the form with your name and account password.
Click on “Continue” and you can proceed to pay the registration fee either by credit card or by sending your check to the Clerk of the Legislature’s Office to be processed and this will complete the registration process.

Form A-R - Registration Renewal

You can use “Form A-R - Registration Renewal” only if you are renewing a registration that has not expired.
Form A-R completed online along with registration payment is due by December 31^st.
You can renew several Principals on a Form A-R or you can submit more than one Form A-R.

Log into your Lobbyist account.
Select “Form A-R - Registration Renewal” on the left.
Choose a Principal.
Enter the amounts given.

(Note: For the “AMOUNTS GIVEN” section - do not use special characters like a $ and if a compensated Lobbyist enters any value that does not include a number greater than zero for the basis of their compensation - per month, per year, etc. - they will not be able to submit the Form A-R - unless they are employed with the Principal, then they can select “Percentage of salary”.)

Click “Add” and the Principal will be listed on the form.
If you wish to add another Principal, click the plus “+” button and the pop-up will open above in which you can then select another Principal. To remove a Principal, you can click on the minus “-“ button.
When the form is complete, mark the box that you certify that all information is accurate to the best of your knowledge.
“Sign” the form with your name and account password.
Click on “Continue” and you can proceed to pay the registration fee either by credit card or by sending your check to the Clerk of the Legislature’s Office to be processed and this will complete the registration process.

Note that once a Renewal Form A-R is submitted, if you have more than one Principal, the form is automatically split into separate registrations for each Principal. (These registrations can be amended individually in the “Pay Fees” section before paying for if needed. If you need to amend a registration that has already been paid for, see “Amend Forms” in a previous section.)

Pay Registration Fee(s)

Once you have completed your registration(s) and/or renewal(s) online, the registration fee(s) can be paid by either using a credit card online or by submitting a check to the Clerk of the Legislature’s Office.

Note that if you need to amend a registration before it is paid for, you can go into the “Pay Fees” section in the upper left of the screen and click on the pencil icon to the right of the pending registration you wish to amend.

Paying by Credit Card - Accepted cards are Visa, MasterCard, and Discover.

Log into your account. (Either the Lobbyist or Principal can pay for a registration from their account.)
Click on “Pay Fees” in the upper left of the screen.
Checkmark next to the registration(s) you want to pay for. (If you have more than one registration, you can pay for them all at one time by marking them all.)
Click on “Make Payment” in the lower left and you will be directed to the site in which you will enter your payment information.
Once you have paid, you can print a copy of your receipt or view your payment history by clicking on “Receipts” in the upper part of the screen. (A receipt is also automatically emailed to the email address associated with the Lobbyist account.)

Paying by Check

Checks need to be processed through the Clerk of the Legislature’s Office.
You can pay for multiple registrations with a single check.
Make checks payable to the “State of Nebraska”.
Submit checks to:

Clerk of the Legislature

Lobby Registration

State Capitol, Room 2014

PO Box 94604

Lincoln, NE 68509-4604

Note: Your registration will become effective on the date in which both the registration is completed online and the check is received - whichever is later. (This becomes particularly important when using Form A-R to renew a registration that expires December 31st.)

Receipt

You can print a copy of your receipt or view your payment history by logging into your account and clicking on “Receipts” in the upper left of the screen.

Form B - Lobbyist Quarterly Report

All Lobbyists who are not exempt must file a “Form B - Lobbyist Quarterly Report”.
A Form B must be submitted for each Principal the Lobbyist represents.
Form B’s are due within 30 days after the end of each calendar quarter.

Log into your Lobbyist account.
Choose “Form B - Lobbyist Quarterly Report” on the left side.
Fill in the year the report applies to.
Mark the quarter for which the report is for.
Select the Principal from the drop-down list.
Complete the rest of the form accordingly.

(If needed, you can save the form to work on later by clicking on the “Save” button at the bottom of the form. To access the saved form, click on the “Load” button that appears at the top of the form or select the session, quarter, and principal and it will load the saved form for you.)

When the form is complete, mark the box that you certify that all information is accurate to the best of your knowledge.
“Sign” the form with the Lobbyist name and account password.
Click on “Submit”.
A message will display letting you know the form was successfully filed.

Note: It is a good idea to check that your form has been filed. Click on “View Filed Forms” on the left side or navigate to https://nebraskalegislature.gov/ and choose “For Lobbyists” on the left side. Select “View Lobbyist and Principal Reports” and you can look up filings according to Lobbyist or Principal depending on the report you want to view.

Form C - Principal Quarterly Report

All Principals who are not exempt must file a “Form C - Principal Quarterly Report”.
Only one Form C can be submitted for each Principal.
Make sure that amounts of all Lobbyists associated with the Principal are included if there is more than one Lobbyist representing the Principal.
Form C’s are due within 30 days after the end of each calendar quarter.

Log into the Principal account.
Choose “Form C - Principal Quarterly Report” on the left side.
Fill in the year the report applies to.
Mark the quarter for which the report is for.
The names of the registered Lobbyists that pertain to the quarter in which the report is being filed for will automatically be populated.
Complete the rest of the form accordingly.

(If needed, you can save the form to work on later by clicking on the “Save” button at the bottom of the form. To access the saved form, click on the “Load” button that appears at the top of the form or select the session, quarter, and principal and it will load the saved form for you.)

When the form is complete, mark the box that you certify that all information is accurate to the best of your knowledge.
“Sign” the form with the Principal name and account password.
Click on “Submit”.
A message will display letting you know the form was successfully filed.

Note: It is a good idea to check that your form has been filed.

Click on “View Filed Forms” on the left side or navigate to

https://nebraskalegislature.gov/ and choose “For Lobbyists” on the left side. Select “View Lobbyist and Principal Reports” and you can look up filings according to Lobbyist or Principal depending on the report you want to view.

Form D - Statement of Activity

All Lobbyists must file a “Form D - Statement of Activity” for each Principal they represent, regardless of whether they are exempt or do not have activities to report. (Principals do not need to file a Form D.)
“Activity” means legislation upon which a Lobbyist acted on behalf of a Principal. This includes identification by number of any bill, resolution, amendment, etc. and their final disposition taken (support, oppose, or neutral).
Activities can be added/deleted/edited in the “Edit Activities” of your account anytime throughout the duration of session.
Form D’s are due within 45 days after the end of session.

Log into your account.
Activity or no activity:

If you have activity to report, click on “Edit Activities” in the upper part of the screen. (This needs to be filled out before you can submit your Form D.)
If you had no activity, skip to step 6.

Select the Principal.
Type in your activity information. You need to type “LB” or “LR” with the number. The one-liner will update automatically. You should only list your final disposition for legislation - support, oppose, or neutral.
Click the “+ Add” button or press “Enter” to save each activity item. Bills will appear in correct numerical order when the Form D is submitted. (“Export to CSV” means it will put all your activity information into a spreadsheet.)

To copy activities to other accounts:

a) You need to be logged into the account in which you want to copy FROM.

b) Go into “Edit Activities”.

c) Select whose Form D you wish to copy FROM or select “All”.

d) Click on the "Copy Activities" button.

e) You will need to choose who you want to copy TO and enter the username and password for them.

f) Click on “Find User” and you should see a list of all Lobbyists or Principals relating to that account.

g) Choose which or all that you wish to copy to and the

activities will be copied.

When you are ready to submit your Form D, click on “Form D - Statement of Activity”.
Fill in the year and session.
Select the Principal.

If you had activity for the session, your activity information will automatically fill in from the “Edit Activities” section.
If you had no activity for the session, on Form D you can check the box “No formal position(s) taken” and the following statement will appear on your online form: “No formal position(s) taken.”

When the form is complete, mark the box that you certify that all information is accurate to the best of your knowledge.

If you want to print the list before submitting it, you can do so while on the Form D - right-click and then print.

“Sign” the form with your name and account password.
Click on “Submit”.
A message will display letting you know the form was successfully filed.

Note: It is a good idea to check that your form has been filed.

Click on “View Filed Forms” on the left side or navigate to

Form E - Exemption Statement (for non-compensated Lobbyists)

If you are “not compensated” and do not expect to receive any lobbying receipts or make any lobbying expenditures, Lobbyists (and Principals if applicable) can be exempt from filing quarterly reports by filing a “Form E - Exemption Statement”. (Note: Exempt Lobbyists are still required to file a Form D - Statement of Activity” after session.)

Once your registration is submitted and the fee is paid, you can file a Form E.

Log into your account.
Choose “Form E - Exemption Statement” on the left side.
Fill in the year.
Select the Principal.
Mark the exemption description that applies to your situation - Exemption for Lobbyist and Principal or Exemption for Lobbyist Only.
When the form is complete, mark the box that you certify that all information is accurate to the best of your knowledge.
“Sign” the form with your name and account password.
Click on “Submit”.
A message will display letting you know the form was successfully filed

Note that if there is a gap between the filing date of your registration and filing of the Form E, you may still need to file a quarterly report for the quarter(s) the exemption does not cover.
The Form E does not have to be filed each year and will carry over as long as the registration is renewed before it expires at the end of the calendar year.
If at any time you begin to receive compensation or make lobbying expenditures, then within five days of doing so, you will need to file an amended Registration Form A accompanied by the payment for the additional registration fee of $185.00.

Form F - Termination Statement

If you need to terminate a registration before it automatically expires at the end of the calendar year, you can file a “Form F - Termination Statement”.

Log into your account.
Choose “Form F - Termination Statement” on the left side.
Fill in the year.
Select the Principal.
Mark the termination description that applies to your situation.
When the form is complete, mark the box that you certify that all information is accurate to the best of your knowledge.
“Sign” the form with your name and account password.
Click on “Submit”.
A message will display letting you know the form was successfully filed

Make sure you also file any necessary reports such as the “Form D - Statement of Activity” if you have not already and any applicable quarterly reports.

Contact Info for Questions

If you have questions using the online lobby registration and reporting system, you can contact the Lobby Clerk at lobby@leg.ne.gov or (402) 471-2608.

For questions regarding Lobbying Rules and Regulations:

You can refer to the online guide published by the Nebraska Accountability and Disclosure Commission at https://nadc.nebraska.gov/ - Click on Campaign Finance and then click on “Publications, Brochures, and Guides” and then select “Lobbying Guidelines Brochure” under Handbook Guides
You can contact the Nebraska Accountability and Disclosure Commission at (402) 471-2522.

Lobbying Guide