The number of municipalities and regional governments our research associates track continues to grow. We now cover almost 300 municipalities and local governments. This is part of a continuous effort to better serve the needs of our clients.

In that effort, we have added abridged jurisdictions to our website. These entries, condensed due to the limited number of relevant local laws, provide the core information our clients need for their government relations work.

The new jurisdiction is: Kauai County, Hawaii

Here is our June/July calendar. If you are attending any of these events, please say hello!

June 6-9   2016 BIO International Convention, San Francisco, CA

June 13-15   US Chamber’s America’s Small Business Summit, Washington, DC

June 20-22   Public Affairs Council National Grassroots Conference, Alexandria, VA

June 23   Public Affairs Council Digital Media and Advocacy Summit, Alexandria, VA

June 24-27   U.S. Conference of Mayors 84th Annual Meeting, Indianapolis, IN

June 28   Walmart Manufacturing Summit,  Bentonville, Arkansas

July 14-17 National Governors Association Summer Meeting, Des Moines, IA

Q. When I talk to state officials, I’m always with my registered contract lobbyists. That means I’m exempt from registering, correct?

A. The kind of exemption you are referring to is commonly called an umbrella exception. In most instances, being with a registered lobbyist does not exempt an individual from having to register as a lobbyist.

California and Utah are two states with an umbrella exception, but there are limits to those exceptions. In Utah, an individual is not considered a lobbyist (and thus does not have to register) if he or she:

Interacts with a public official in that official’s capacity as a public official while accompanied by a registered lobbyist who is lobbying in relation to the subject of the interaction or while presenting at a legislative committee meeting at the same time the registered lobbyist is attending another legislative committee meeting; and

Does not make an expenditure for, or on behalf of, a public official in relation to the interaction or during the period of interaction.

California’s umbrella exception is the most well-known, but it was narrowed in March. Now, the umbrella exception will only apply if the individual:

Is an employee of a lobbyist employer;

Meets or speaks with a state official in the company of a registered lobbyist retained by the individual’s lobbyist employer; and

Participates as a subject matter expert regarding a legislative or administrative action at issue.

California’s exception was narrowed to prevent contract lobbyists from being able to utilize the exception and avoid registration and reporting requirements.

As you can see, there are very few umbrella exceptions allowing you to avoid registration. And even when a state has an umbrella exception, there are limits on who can take advantage of them. If you will be attempting to influence a state official, be sure to give us a call prior to your meeting to make sure lobbyist registration will not be required.

You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: marketing@stateandfed.com.

(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.

Here is our May/June calendar. If you are attending any of the coming events, please stop by and say hello!

May 10   Go Red for Women Luncheon, Akron, OH

May 18   WGR Spring Reception, Washington, DC

May 19   Akron Roundtable – Dr. Johnnetta B. Cole, Akron, OH

May 19   PAC PALS Spring Reception, Washington, DC

May 19-21   NCSL Executive Committee Spring Meeting, Minneapolis, MN

May 30   Memorial Day, Office Closed, Akron, OH

May 31 – June 2   PLI’s Corporate Compliance and Ethics Institute, New York City, NY

June 6-9   2016 BIO International Convention, San Francisco, CA

June 13-15   US Chamber’s America’s Small Business Summit, Washington, DC

June 20-22   Public Affairs Council National Grassroots Conference, Alexandria, VA

June 23   Public Affairs Council Digital Media and Advocacy Summit, Alexandria, VA

June 24-27   U.S. Conference of Mayors 84th Annual Meeting, Indianapolis, IN

The 2016 session of the 87th General Assembly adjourned on Friday, April 29, 2016.

The House and Senate have agreed to continue state funding for Planned Parenthood clinics and to double the state tax credit for adoptions.

Legislators also approved a state budget of $7.35 billion, effective for the fiscal year beginning July 1, 2017.

The second regular session of the 127th Legislature adjourned sine die April 29, 2016.

The statutory adjournment date was April 20, 2016; however, the Legislature spent an additional nine days in session.

Legislators successfully overturned 20 of the 30 vetoes by Gov. Paul LePage.

Photo of the Maine State House by Albany NY on Wikimedia Commons.

Meeting today for its annual veto-session, the Virginia General Assembly turned its attention to ethics legislation amendments recommended by Gov. Terry McAuliffe. Lawmakers recently passed identical bills, Senate Bill 692 and House Bill 1362, to roll back some of the changes made last year to restrictions on gifts from lobbyists.

McAuliffe proposed tightening the limits further and prohibiting bundling of gifts from multiple sources to avoid the threshold. The Senate, today, voted against adopting those proposals. The governor must now choose between signing or vetoing the bills as passed by both houses.

Photo of the Virginia State Capitol by Anderskev in Wikimedia Commons.

Michigan Gov. Rick Snyder has set a date for a special election to fill Virgil Smith’s former state senate seat. Smith’s resignation became effective after beginning a 10-month jail sentence related to a shooting incident involving his ex-wife.

A primary election for the vacant 4th district seat will be held August 2, 2016. The general election is scheduled for November 8, 2016.

New York’s Joint Commission on Public Ethics (JCOPE) has confirmed that two commissioners have resigned from their positions. The resignations of commissioners David Arroyo and Joseph Covello were not announced publicly, but their names did not appear on JCOPE’s annual report that was recently released.

The news of these departures comes just weeks after Seth Agata was selected as the new executive director of JCOPE.

The Kentucky Registry of Election Finance (KREF) cannot enforce the state’s constitutional prohibition on corporate contributions, according to a federal judge. U.S. District Judge Gregory F. Van Tatenhove concluded the rule to be a violation of the Equal Protection Clause because it prohibits corporate contributions while allowing other organizations, such as labor unions, to make contributions.

The case, Protect My Check, Inc. v. Dilger, grew out of right-to-work legislation. Labor unions who opposed the bill were allowed to make political contributions while a non-profit corporation, in favor of the measure, were not. The judge, however, rejected a First Amendment, free speech argument for allowing political contributions.

KREF stated it is still reviewing the opinion and is weighing its options.

The Virginia General Assembly adjourned sine die on March 11, 2016, a day earlier than scheduled. Among its accomplishments is a new, two-year $105 billion budget and some adjustments to the new ethics rules passed last year.

If approved by the governor, lobbyists will file reports annually on July 1 for the preceding 12-month period, rather than the current semi-annual reporting, and items under $20 would be excluded from the definition of a gift.

Other, more extensive changes were proposed but were defeated in the House.

Photo of the Virginia State Capitol by Varmin on Wikimedia Commons.

The Indiana General Assembly adjourned its 2016 season sine die on March 10. Gov. Mike Pence has until March 17 to take action on any bills presented to him.

In Indiana, if no action is taken within seven days of presentment, bills automatically become law.

Photo of the Indiana Statehouse by HstryQT on Wikimedia Commons.

A bill permitting the Executive Branch Ethics Commission to regulate the lobbyist registration fee has passed in committee. The State Government Committee approved House Bill 608, paving the way towards allowing the commission to set the amount executive branch lobbyists must pay each year to register, rather than follow the statutorily mandated $125.

The bill also requires executive branch officials and employees to report suspected violations of the code of ethics to the commission.

Proponents of the bill argue any increase in the fee would simply help cover the costs of investigating and prosecuting violations. The bill now heads to the full house for consideration.