August 2, 2013 •
Legislation We Are Tracking
More than 1,000 legislative bills
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 the State and Federal Communications digital encyclopedias for lobbying laws, political contributions, and procurement lobbying, and can be found in the client portion of the State and Federal Communications’ 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 regards to lobbying laws, political contributions, and procurement lobbying.
May 24, 2013 •
Highlighted Site of the Week – George W. Bush Presidential Library and Museum
America’s New Landmark
It’s that time again! This week we bring you a site about a new presidential library.
The George W. Bush Presidential Library is a great learning experience for the whole family. The library is located in Dallas, Texas and opened on May 1st of 2013.
One of the exhibits is a piece of metal from the World Trade Center’s after 9-11. In most museums you are discouraged from touching exhibits, but in for this exhibit you are encouraged to touch this piece of the towers.
Other exhibits are shelves of files from the Bush presidency for those who wish to research such matters. There is an exhibit featuring the gifts given to President Bush while in office. There are quite a few interesting ones in there like saddles from Kazakhstan and a dress for the First Lady for a White House Dinner with the Queen of England.
It’s a new landmark with a part of history in it. If you’re in Dallas, Texas on a trip or vacation, set some time aside to go to the library. Those of you with presidential library passports, this would be a great place to go to fill in one of your pages.
Thanks for reading and we’ll see you next time!
Photo of the George W. Bush Library and Museum by J. P. Fagerback on Wikipedia.
May 22, 2013 •
Opponent Claims Brooklyn District Attorney’s Television Premiere Breaks the Law
New York County Supreme Court to hear case involving CBS’ show Brooklyn D.A.
First there was Arthur Branch. Then came Jack McCoy. Now it’s Charles Hynes’ turn to star as a New York City district attorney on the small screen. Only Hynes is not an actor or a character, he is an actual district attorney who is in the middle of a fierce campaign to keep his job. And his main opponent for the Democratic nomination is crying foul.
Abe George is suing Hynes, his committee, and CBS in New York over what he calls illegal campaign contributions. CBS is producing and has aired the first episode in a six-part reality series titled Brooklyn D.A. This reality series will follow Hynes and the rest of the Kings County District Attorney’s Office as they do their job for the cameras.
George is not pleased with the free publicity Hynes will be receiving since they are in a heated campaign to garner the Democratic nomination for the position. He believes the air time should be considered a campaign contribution, and with the series’ value over the $5,000 limit, he believes it is an illegal contribution.
Hynes has been the district attorney in the county since 1989, and George believes he is willing to do anything to stay in power. “[He] has been the Brooklyn district attorney since 1989 and has operated under a mounting public perception that he will do anything, including misusing his broad prosecutorial powers, to achieve political gain for himself.”
CBS disagrees with George’s assertion and refuses to stop airing the show.
Sonya McNair, spokeswoman for CBS News, said, “We are surprised that this candidate would not know about the First Amendment. This is obviously a publicity push by a politician.”
For what it’s worth, Hynes believes this show will guarantee a victory for his campaign. He said, “If they couldn’t take me out then, boy, you’ll never be able to take me out now.”
The next episode of Brooklyn D.A. airs Tuesday, May 28, at 10:00 p.m. on CBS.
Photo of Charles Hynes courtesy of the Metropolitan Transportation Authority of the State of New York on Wikipedia.
May 21, 2013 •
Alabama Legislature Adjourns
Passes major campaign finance changes on final day
The Alabama Legislature adjourned just before midnight on Monday, May 20, 2013, but not before passing major changes to the state’s Fair Campaign Practices Act.
The most significant change is the elimination of limits on corporate contributions to candidates and political action committees. Under the new law, corporations will be permitted to contribute in the same manner as individuals, who are not subject to any contribution limits, with the exception of retaining the state’s pay-to-play prohibition on contributions to the Public Service Commission by utilities the commission regulates. The bill also makes 527 organizations subject to the ban on PAC-to-PAC transfers and adds enforcement and penalty provisions.
The Secretary of State’s Office will release information regarding the effective date of these provisions since the law must first receive Department of Justice preclearance before it becomes enforceable.
May 17, 2013 •
Campaign Tech 2013
April 18-19, 2013 at the Washington Marriott
Every year in Washington, D.C., Campaigns and Elections holds a conference called Campaign Tech. I had the opportunity to go to it this year and I enjoyed it.
Here is a description of Campaign Tech 2013 from their site: “How did the 2012 election season change the craft of digital politics and advocacy? What are digital public affairs professionals doing to evolve outreach and engagement? How can technologists and digital communications professionals create cohesive, effective campaigns? Join CampaignTech’s hands-on trainings, workshops, round-table conversations, and panel discussions that will enhance your knowledge of digital advocacy, refine your communications skills, and inspire you to exceed your goals in politics, advocacy, and public affairs.”
One of the panels on the first day talked about how memes are used to promote political messages. Candidates in the last election used memes in their campaigns – using catch phrases, pictures – which went viral on the internet through social media, search, and other channels.
For those who don’t know, memes are internet sensations that become popular for a short amount of time. They mentioned a meme one of the panelists had created, where they compared members of Congress to characters from the Muppets. It was entertaining to see the members of Congress being equated with Muppets characters.
Another panel talked about convincing leaders in your organization of the importance of using social media. It was an interesting panel because they talked about how social media are powerful tools for getting news out there and engaging with people.
This was a great trip. The event seemed to go by fast.
I encourage you to go to this conference next year. I had a fantastic time and I know you will too!
May 10, 2013 •
Ask the Experts – Providing Gifts to Public Officials
Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.
Q. My company is involved in an event where a meal and other gifts may be provided to public officials. How do I know if this is permissible?
A. You must consider a number of issues any time you want to provide a gift to a public official. In addition to consulting your company’s policies, you should answer the following questions:
- Is it a gift? States often have exceptions to the definition of gift. Arizona does not consider an expenditure for food, beverage, travel, or lodging to be a gift under state law. A number of states do not consider things of value provided on the basis of a personal relationship or items of de minimis value to be gifts.
- Who is the giver? Lobbyists are often subject to more stringent gift restrictions than non-lobbyists. Florida prohibits any gifts from lobbyists to state officials and employees with very few exceptions. However, if you are not registered as a lobbyist, you are permitted to give any gift if it is not given to influence any official action. California imposes different gift limits; the limit is $10 or less per month for lobbyists and $440 or less per year for non-lobbyists. Additional restrictions could apply if your company is a state contractor. Connecticut does allow limited gifts from lobbyists and non-lobbyists. However, state contractors must certify no gifts were made under certain circumstances.
- Who is the recipient? The permissibility of a gift can depend on the branch of government or the seniority of the official or employee. Maryland legislators may only accept food and beverage from lobbyists in very limited circumstances. Executive branch officials may accept food and beverage if they are in the presence of the lobbyist. Delaware only restricts cabinet secretaries, division directors, and the governor’s professional staff from accepting gifts from lobbyists.
If you are anything less than 100% sure a gift is permissible, consult the state’s ethics agency. Do not ask the official or employee involved! He or she may not be familiar with the nuances of the state’s gift law.
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.
May 9, 2013 •
See Us in Person!
Here is our May and June 2013 calendar. Say hello at future events where State and Federal Communications will be attending and/or speaking regarding compliance issues.
May 8-10, 2013 OSBA – Ohio State Bar Association Convention Booth 24, Cleveland, Ohio
May 16, 2013 WGR Spring Reception, Washington, D.C.
May 30-June 2, 2013 NCSL Executive Committee Spring Meeting, Boston, Massachusetts
June 2-5, 2013 Heartland Governmental Ethics Conference, Louisville, Kentucky
June 21-24, 2013 CSG Leadership Meeting, Washington, D.C.
May 7, 2013 •
Washington Program in National Issues Celebrates 40 Years
Kent State University internship program commemorates the occasion with a reception at the National Press Club.
On Thursday, April 25, Kent State University’s Washington Program in National Issues (WPNI) celebrated its 40th year in existence. Current students and alumni of both the university and the program gathered at the National Press Club in Washington D.C. to reminisce about their time living in Washington D.C. and their experiences in the program throughout the years. State and Federal Communications currently employs three proud alumni of WPNI, including President and CEO Elizabeth Bartz. Elizabeth, marketing manager Melissa Coultas and compliance assistant Jonathan Spontarelli were all in Washington D.C. to attend the anniversary celebration.
WPNI is a semester long academic, internship program that allows students the opportunity to witness the political process firsthand and engage in national and international policy discussions. Each year a group of juniors and seniors from Kent State University are selected to spend the spring semester living and working in Washington D.C. Per the website, the programs three primary objectives are:
- Facilitate learning about the U.S. political system and its policy issues.
- Develop an understanding of the interrelationship of public issues and structures of government.
- Encourage individual initiative and provide for experiences in internship and research.
During the reception, participants from each of the four decades delivered remarks about their time in WPNI, their internship and briefings, and the ways the program has forever changed their lives. Pulitzer Prize winner, Connie Schultz, introduced by her husband U.S. Senator Sherrod Brown, delivered a compelling keynote address about her experiences before, during and after the program. She spoke at length on the importance WPNI played in her own life and the opportunities it provided to a small-town girl from a working-class family from Ashtabula, Ohio.
State and Federal Communications would like to send a special thanks to the Kent State University National Capital Alumni Chapter and program Director Dr. Richard Robyn for organizing the celebration. We look forward to seeing you all 40 years from now.
May 6, 2013 •
Court Upholds New York City’s Contribution Limits
City allowed to keep its contribution limits below the state’s limits
The New York City Campaign Finance Board scored a huge win in the courts Friday. Republican mayoral candidate George McDonald had sued the city in hopes of eliminating the city’s strict contribution limits and attempt to bring them in line with the state’s limits. However, the Manhattan court said the city’s contribution limits are legal and reasonable to keep money from influencing elections.
Judge Kathryn Freed, who gave the decision for the court, held, “The court finds that the establishment of uniform limitations on both participating and non-participating candidates is reasonably related and calculated to achieve the goals of reducing the influence of ‘wealthy special interests’ over local elections, and increasing public participation and public confidence in those elections, is well within the powers granted to the City to protect the welfare and well being of its citizens.”
McDonald recently announced that he would join the voluntary public financing system and would conform to the current contribution limits, but promised to keep his fight up in court. McDonald still has the option of appealing this decision, but declined to say whether he would. He was disheartened in the entries process, saying “It’s disappointing that it took 147 days to ‘just say no’ in long form.”
McDonald is the underdog in a three-way battle for the Republican nomination with Joe Lhota and John Catsimatidis. The primary election for the mayor’s office, and all other city offices, is September 10.
April 29, 2013 •
Special Election Scheduled in Connecticut’s 53rd Assembly District
Replaces Rep. Bryan Hurlburt
Voters in the 53rd Assembly District will head to the polls June 11, 2013, to select a successor for Representative Bryan Hurlburt.
Rep. Hurlburt resigned his seat in mid-April to accept an appointment to the U.S. Department of Agriculture.
April 12, 2013 •
Highlighted Site of the Week – JFK at the Newseum
An amazing experience opening today!
It’s Friday, everyone, and time for another Highlighted Site of the Week. This week we will be visiting JFK, an exhibit opening today at the Newseum in Washington, D.C.
In recognition of the 50th anniversary of the assassination of President John F. Kennedy on November 22, 1963, the Newseum this year is featuring two exhibits and a film about his life and presidency.
You’ll find three different presentations – both at the Newseum and on their website. They are Creating Camelot: The Kennedy Photography of Jacques Lowe, Three Shots Were Fired, and A Thousand Days.
The JFK exhibit is an amazing and educational experience. Enjoy the Creating Camelot video:
You can take a virtual tour of the Newseum and find out about its other exhibits here.
Thanks for reading and we’ll see you next time.
April 10, 2013 •
Ohio House Eliminates Governor’s Proposed Sales Tax Changes on Lobbying Services
Substitute bill includes only services currently taxed
House Speaker William G. Batchelder and Representative Ron Amstutz introduced a substitute for House Bill 59, Governor Kasich’s budget bill.
Governor Kasich’s version of the bill would have overhauled the state sales tax by subjecting most services, including lobbying and consulting services, to the tax.
The substitute version of the bill eliminates those changes, leaving the current sales tax on services unchanged. If the substitute bill passes, lobbying and consulting services will remain untaxed in Ohio.
April 9, 2013 •
Chicago Voters to Choose Jesse Jackson Jr.’s Replacement
Former Chicago Bear also running for Romeoville mayor
Voters in the Chicago area are heading to the polls this morning to choose a new representative to the United States Congress, as well as other local offices. Voters on the south side of the city must pick a successor to former Representative Jesse Jackson Jr. Jackson resigned from Congress earlier this year for personal reasons and has since pleaded guilty to illegally using campaign funds for personal expenses.
The Democratic nominee, Robin Kelly, is the favorite in the heavily Democratic district. Kelly is a former state lawmaker who hails from Matteson, a village in the south suburbs.
Her opponent is the Republican nominee, Paul McKinley. McKinley, who served almost 20 years in prison for armed robbery, burglary, and aggravated battery, is running on a promise to stop the Chicago political machine and put ex-offenders back to work to help turn their lives around.
In another high profile race, former Chicago Bears defensive lineman Steve McMichael will take on incumbent John Noak for Romeoville mayor. Romeoville is about 30 miles southwest of Chicago and has a population of almost 40,000.
Towns throughout the area will also be deciding whether to allow video poker machines and whether to approve multiple bond requests. Polls close at 7 p.m. local time and the weather looks promising for a good turnout.
April 8, 2013 •
See Us in Person!
Here is our April and May 2013 calendar. Say hello at future events where State and Federal Communications will be attending and/or speaking regarding compliance issues.
April 14-16, 2013 NASPO Conference, Indianapolis, Indiana
April 22-25, 2013 BIO International Convention, Chicago, Illinois
April 25, 2013 Washington Program in National Issues 40th Anniversary, Washington, D.C.
May 8-10, 2013 OSBA Annual Convention, Booth 24, Cleveland, Ohio
May 16, 2013 Women in Government Relations Spring Reception, Washington D.C.
May 30-Jun 2, 2013 NCSL Executive Committee Spring Meeting, Boston, Massachusetts
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.