County commissioners warned they must register as lobbyists
By The Associated Press
09.19.02
BILLINGS, Mont. — The Montana Association of Counties is telling its members they must register as lobbyists if they intend to argue for or against bills before the Montana Legislature. But at least one commissioner says he won't shell out the registration fee, calling the requirement a violation of free-speech rights.
"I'm not doing it, even if it's a penny," said Yellowstone County Commissioner Jim Reno. "They're limiting my First Amendment rights of speaking for the people who voted me in."
Commissioner of Political Practices Linda Vaughey said a committee that has been reviewing laws and rules about lobbying concluded state law requires local elected officials, including county commissioners, to register as lobbyists. Lobbying is considered a form of the First Amendment right of petition.
"If you're merely providing information to legislators at the request of the bill's sponsor, that's not lobbying," Vaughey said. However, a commissioner testifying in favor of or opposition to a bill would have to register and pay the $150 fee, Vaughey said.
State law exempts some officeholders, including legislators, elected state officials and those acting on behalf of state government. Vaughey said no exemption is made for county commissioners or other elected local officials.
She noted, however, that the committee has suggested extending the exemption to include county and local elected officials.
"They are working on language to propose a change in the law that would extend the exclusion to local elected government officials," Vaughey said. The Legislature would have to approve any change.
Vaughey disagreed with Reno's concerns about free speech.
"They're not deprived from communicating with public officials," she said.
Yellowstone County Commissioner Bill Kennedy, who makes frequent trips to lobby on the county's behalf during the legislative session, said he'll register as a lobbyist if required, but he would like to see the exemption extended.
"We want to make sure our voice is heard this session," Kennedy said. "We're going to see some critical issues, especially in the area of county funding."