Lobbying

“Cooley-Dow Lohnes merger leaves lobbyists out” by Catherine Ho in The Washington Post.

“Hotel trade group shakes up lobby team” by Kevin Bogardus in The Hill.

Alabama: “Bill aims to discourage lawmakers from departing for lobbying positions” by Brian Lyman in the Montgomery Advertiser.

Florida: “As lawmakers consider audits, documents show how lawmakers-turned-lobbyists help tip the scales for large lobbying firms” by Matt Dixon in The Florida Time-Union.

Texas: “Candidates to lead Texas accept meals, gifts, more from lobbyists” by Christy Hoppe in The Dallas Morning News.

Campaign Finance

California: “Disgorgement Fight Could Shape Dark Money’s Future in CA” by Ben Adler in Capital Public Radio.

California: “California probe of campaign donations sheds light on ‘dark money’” by Chris Megerian and Anthony York in the Los Angeles Times.

Washington: “Washington elections draw big out-of-state donations” by Brian M. Rosenthal in The Spokesman-Review.

Ethics

California: “Gifts and elected officials” by Bennett Kessler in Sierra Wave.

New York: “JCOPE leader ballot splits commission 9-5” by James M. Odato in the Times Union.

South Carolina: “State House for Sale: Big businesses pay off in jobs, political contributions” by Jeff Wilkinson in The State.

Elections

“Federal Election Commission Lists 2014 Election Dates” by Kent Cooper in Roll Call’s Political MoneyLine.

Iowa: “Koch Group Has Ambitions in Small Races” by John Eligon in The New York Times.

New York: “N.Y. to run voter hotline on Election Day” by The Associated Press in the Times Union.

The new contribution limits passed earlier this year take effect today. The contribution limit for individuals, corporations, PACs, and other groups increased from $500 to $3,000 for statewide candidates, and from $500 to $1,000 for legislative candidates.

The legislation also eliminated the contribution limits for contributions to political committees.

Q. I am a registered lobbyist with a personal relationship with a state legislator.  I would like to give her a gift for a special occasion.  Is this permissible?

A. As a registered lobbyist, you should always be aware of the restrictions placed on you for providing things of value to a state official.  A number of jurisdictions have strict “no gift” laws in place.  Wisconsin prohibits a lobbyist from providing things of pecuniary value to a legislator with very limited exceptions.

A gift can be permissible based on the personal relationship between the lobbyist and the legislator.  Texas and Florida allow gifts between a registered lobbyist and a legislator if they are related to a certain degree.  Please note that jurisdictions can examine the circumstances of the gift such as the extent of the relationship between the lobbyist and the legislator.  The lack of a history of gift giving between the parties or evidence of a personal relationship may render the gift impermissible.  The federal “friendship” exception also does not apply to state and local jurisdictions.

A registered lobbyist may be allowed to give a gift based on the special occasion or reasoning behind it.  In Massachusetts, a lobbyist may give a legislator gifts on certain occasions of religious or personal significance.  Connecticut allows gifts for certain major life events.  Be sure to confirm if any occasions are excluded.  Massachusetts does not consider a birthday to be an occasion of personal significance!

A gift may not be prohibited even if you are a registered lobbyist.  Confirm whether an intended gift is permissible with your state’s ethics office.

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.

A special election has been called for Iowa’s 13th Senatorial District, formerly held by Senator Kent Sorenson.

The election will be held on November 19, 2013.

October 16   WASRG Summit–Keynote Sponsor, Washington, DC

October 16-18   Public Affairs Council Fall Board Meeting, Paradise Valley, Arizona

November 4   American League of Lobbyists State Lobbying Session, Washington, D.C.

November 21   American League of Lobbyists Annual Meeting, Washington, D.C.

November 23-November 26   SGAC Leaders’ Policy Conference Turnberry, Miami Beach, Florida

Effective today, Nevada Senate Bill 246 revises the definition of “committee for political action” to include new threshold levels.

Entities in Nevada whose primary purpose is to affect outcomes of elections are now defined as those with more than $1,500 in contributions or expenditures in a calendar year. Entities whose primary purpose is not to affect outcomes of elections have a $5,000 calendar year threshold. Committees must register with the Nevada secretary of state no later than seven days after qualifying under the revised definition.

The changes in the bill were modeled on similar statutes previously enacted by the state of Maine.

State and Federal Communications, Inc. is pleased to announce the addition of two more municipalities to its website. Naperville, Illinois, a suburb of Chicago with a population of 143,684, has been added to the Lobbying Laws, Political Contributions, and Procurement Lobbying publications. Ottawa, Ontario, Canada’s capital, becomes the second municipality in the Canadian Compliance publication.

Our clients will find comprehensive, timely, and accurate information that includes: complete calendars of reporting deadlines; critical statutory citations; extensive directories of contact information; summaries of the law; detailed reference charts on goods and services contributions; highlights of every statute; copies of all required forms; and much more.

The number of municipalities and regional governments our research associates track continues to grow. We now cover more than 230 municipalities and local governments. This is part of a continuous effort to better serve the needs of our clients.

September 17, 2013   National Press Club – Guest Speaker, Oklahoma Governor Mary Fallin, Washington, D.C.

September 18, 2013   Ohio Birthday Party, Washington, D.C.

September 18, 2013   PAC Making a Name for Yourself: Branding Advocacy Campaigns, Washington, D.C.

September 19, 2013   Advanced Learning Institute Social Media for Government and NonProfit Communications, Washington, D.C.

September 19-22, 2013   CSG National Conference, Kansas City, Missouri

September 25-27, 2013   PAC State and Local Government Relations Seminar, Washington, D.C.

September 30 – October 1, 2013   PLI Corporate Political Activities Conference, Washington, D.C.

Q. I am a registered lobbyist in five jurisdictions and just moved into a new house.  Is there anything I need to do to stay in compliance?

A. It is easy to be overwhelmed by all of the tasks associated with a move.  However, it is important to notify the jurisdictions in which you are registered of your new address as soon as possible as this affects both your lobbyist registration and reports.

For example, in Florida, a lobbyist must amend his or her registration within 15 days of a change. Additionally, registration renewal must occur on forms distributed by the state directly to the address listed on the lobbyist registration on file.  Without amending the registration to include a current address, the lobbyist will not receive the registration renewal materials.

In some states, a lobbyist can face penalties for failure to amend a registration upon a change of address.  In Arizona, a registrant must notify the secretary of state within five business days after any change to the information in the registration statement. If the state determines a violation has occurred, and the lobbyist fails to comply with the request to amend the registration, a hearing will occur and the state may issue a fine of up to $1,000.

To avoid facing penalties, know the registrations provisions of your jurisdictions.  In most cases, the jurisdiction will require you to provide an updated address.  Whether this process requires a phone call or amendment to your existing registration will vary. When in doubt, contact the overseeing agency to clarify the requirements.

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.

The number of municipalities and regional governments our research associates track continues to grow. We now cover more than 230 municipalities and local governments. This is part of a continuous effort to better serve the needs of our clients.

We recently added seven municipalities for which our clients will find comprehensive, timely, and accurate information that includes: complete calendars of reporting deadlines; critical statutory citations; extensive directories of contact information; summaries of each state law; detailed reference charts on goods and services contributions; highlights of every statute; copies of all required forms; and much more.

The new municipalities are:

Surrey, BC
Lancaster, CA
Miami-Dade County Public Schools, FL
Pinellas County, FL
DuPage County, IL
Hilliard, OH
York County, PA
Sioux Falls, SD

At any given time, more than 1,000 legislative bills, which can affect how you do business as a government affairs professional, are being discussed in federal, state, and local jurisdictions. These bills are summarized in State and Federal Communications’ digital encyclopedias for lobbying laws, political contributions, and procurement lobbying, and can be found in the client portion of our website.

Summaries of major bills are also included in monthly e-mail updates sent to all clients. The chart below shows the number of bills we are tracking in regard to lobbying laws, political contributions, and procurement lobbying.

August 2-5, 2013   National Governors Association Annual Meeting, Milwaukee, Wisconsin

August 8, 2013   Public Relations Society of America, Tangiers in Akron, Ohio

August 12-15, 2013   NCSL Legislative Summit Booth 921, Atlanta, Georgia

September 19-22, 2013   CSG National Conference, Kansas City, Missouri

September 25-27, 2013   Public Affairs Council State and Local Government Relations Conference, Washington, D.C.

Q. I will be attending the NCSL conference this summer.  Do regular gift limits on expenditures for public officials apply during this event?

A. The answer will vary depending upon whether you are paying for a private event or sponsoring a conference-affiliated event.  Taking a legislator to dinner, paying for cab fare or other transportation, or giving him or her a ticket to a ballgame are not considered part of the official conference agenda and normal gift limits will apply.  Also, for private events, the answer will depend upon whether you or your company are registered as a lobbyist or lobbyist employer.  In most instances, states have more stringent gift laws applicable to lobbyists and lobbyist principals.

Many states have gift limit exceptions specifically carved out for expenditures at national conferences to which all members of the legislature are invited. Further, State Night events at NCSL are considered part of the conference agenda; therefore, when national conference gift exceptions exist, they will apply.

Although a State Night sponsorship may be permissible, it is important to determine if and when the expenditure must be disclosed.  Know the reporting requirements before the event, because an attendee list may be required. The reporting implications range from simple aggregate disclosure to detailed reporting where the name of every legislator attending must be listed.

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.