Individuals and entities using the FEC’s FECFile software to file will have to update to the software’s latest version (7.0.1.0).

Reports using earlier versions will not be accepted.

Those using commercial software are advised to contact his or her vendor to ensure compliance with the latest electronic filing format.

Representative Anna Fairclough introduced a bill concerning small procurements with the state, which includes the requirement of vendors to provide proof of an Alaska business license.

House Bill 204 also contains other mandates for vendors, including the registration of construction contract bidders and offerers, the establishment and maintenance of lists of person who want to contract with the state or state agencies, and small procurement provisions for certain amounts of leased space.

The legislation increases the maximum ceiling amounts of what constitutes a small procurement from $50,000 to $100,000 for supplies, services, or professional services; $100,000 to $200,000 for a construction, and from 3000 to 7000 square feet for a lease.

Photo of the Alaska State Capitol by Kevin Lam on Wikipedia.

Providence has passed a new lobbyist registration law. The Lobbyist Disclosure Ordinance requires registration before the first lobbying activity. Online registration will be an available option. Each lobbyist will receive an ID badge with his or her name, photograph, identifying information, and the name of each client being represented.

There is a $150 filing fee for lobbyists employed by entities with budgets over $250,000. Otherwise, the filing fee is $25. Lobbyists and employers will be required to file quarterly reports, and a final report in January detailing all expenses and compensation for the previous calendar year.

Penalties include fines up to $250 a day, up to a maximum of $25,000 per calendar year, and a prohibition of lobbying the city until the following year or until compliance is established. The ordinance takes effect May 16.

Photo of the Providence City Hall by Anatoli Lvov.

The City of Paterson has implemented a new pay-to-play ordinance which enhances the rules concerning contribution limits for entities doing business with the city. Ordinance 11-006 includes an absolute ban on contributions between the time of first communication regarding a specific agreement and the termination of negotiations, the rejection of a proposal, or the completion of a contract. The ordinance also outlines specific contribution limits, in the 12 months prior to a contract, to mayoral and governing body candidates and their committees, joint candidate committees, Passiac County political committees, and PACs.

In order to receive financial aid from the state, the City of Paterson’s passage of the legislation was required by an earlier agreement with the New Jersey Transitional Aid to Localities program, the state’s financial aid program for local municipalities and counties.

Map of Paterson in southern Passaic County, New Jersey by JimIrwin on Wikipedia.

The Supreme Court has denied a petition for a writ of certiorari challenging the limits a political party can spend in coordination with a candidate, leaving in place the $5,000 limits on party contributions to candidates. In Cao v. FEC, the Republican National Committee had argued making their expenditures in coordination with Louisiana Congressman Anh “Joseph” Cao, as opposed to making completely independent expenditures for him, constituted both Representative Cao’s and the RNC’s free speech.

The District Court Eastern District of Louisiana, following a prior judgment from the Court of Appeals for the Fifth Circuit on other grounds, found 2 U.S.C. §441a(a)(2)(A), limiting the amount of the contributions, constitutional. The RNC’s appeal had been filed by James Bopp, Jr.

This post is follows two previous Lobby Comply articles by George Ticoras:

“$5,000 Contribution Limit Upheld” from November 22, 2010

“RNC Argues for Coordinated Campaign Spending” from December 13, 2010

Photo of the U.S. Supreme Court Building inscription by UpstateNYer on Wikipedia.

UTAH: Governor Gary Herbert has called a special session of the legislature to convene at noon on March 25. The governor stated the purpose of the special session will be to repeal HB477, an open records law which the governor had previously signed earlier this month. The legislature had adjourned on March 10.

LOUISIANA: The legislature convened on March 20 for an ‘extraordinary session’ to establish redistricting boundaries for all congressional, state and local entities’ elections. The session is scheduled for no later than April 13. The regular session of the legislature convenes on April 25.

The FEC has released an Interpretive Rule Regarding Electronic Contributor Redesignations. A contribution made for one election may be applied to another election if the redesignation is in writing and signed by the contributor, according to commission regulations.

The commission has found a certain method of electronic redesignation meets this requirement. The method, described in the commission’s interpretive rule, requires the contributor visiting a website to fill out an electronic form authorizing the redesignation and to verify their identity by entering their personal information, including his or her first and last name, address, phone number, e-mail address, occupation, and name of his or her employer. The commission found this process sufficiently equivalent to a written signature.

The House has included a provision in their appropriations bill which would double lobbyists’ registration fees. House Bill 3700 increases lobbyist and lobbyist’s principal registration fees to $200. The State Ethics Commission would retain fifty percent of the increased fee and the remaining fifty percent would go to the state’s general fund.

Also included in the bill is a provision precluding the State Ethics Commission staff from making any public comment which in any way reflects a personal opinion on any matter which is before the commission.

Securities and Exchange Commission Rule 206(4)-5, regarding political contributions to government entities from investment advisors, takes effect today. Rule 206(4)-5(a)(1) makes it unlawful for advisors of hedge funds, private equity funds, and certain other investments, to provide investment advisory services for compensation to a government entity within two years after a contribution to an official of the government entity is made by the investment adviser, a covered associate, or its PAC.

On September 13, addition rules take effect, including prohibiting third parties from soliciting government business, and regulating what investment pool advisers may do.

A bill prohibiting public officials from lobbying the Nevada Legislature immediately upon leaving office has been introduced into the assembly. Currently, the state has no revolving door prohibitions and public officials may lobby as soon as they leave office.

Assembly Bill 184 requires a two year cooling off period before a former state legislator, governor, or other specified executive branch official may serve as a paid lobbyist. The bill allows for exceptions such as representing a local agency where the former official is currently employed and making formal appearances before the Legislature.

Photo of the Nevada State Legislature building by Dave Parker on Wikipedia.

Delegate Dan Morhaim has introduced a bill with the goal of increasing the effectiveness of Maryland’s procurement process. House Bill 628 would create a commission to study streamlining and increasing the efficiency of the state’s contracting procedures.

Among the goals of the commission would be a more uniform application of the procurement law and an increased centralization of the procurement system. The membership of the commission would include individuals from private sector industries such as technology, construction, commodities, and other professional services.

The commission’s one year term would end with a report of its findings and recommendations to both the Governor and the General Assembly.

A bill requiring lobbyists to report activity even when the Legislature is not in session has been introduced by Senator Sheila Leslie. Currently, a lobbyist need only report activity occurring while the legislative body is actually in session.

Nevada’s Legislature generally meets in the first half of odd-numbered years. Senate Bill 0206‘s additional reporting requirements necessitate lobbyists report all lobbying activities after the end of the third and fourth calendar quarter of each odd-numbered year and each calendar quarter of each even numbered year, whether or not any expenditures were made.

The bill also extends the definition of lobbyist to include one who lobbies where an interim committee holds meetings.

Republican Senator Jake Knotts and Democratic Senator Vincent Sheheen have announced they are submitting a bill banning leadership PACs in the Senate. Leadership PACs normally may accept contributions from lobbyists and have different contribution amounts than other campaign accounts.

Senator Sheheen said, “I want to help restore voter’s trust in government. This bill is one step to make sure elected officials answer to the voters, not wealthy contributors.”

Currently there is no member of the Senate who has a Leadership PAC.

Representative Keith Grover has introduced a bill allowing for some campaign contributions to be made during legislative sessions. HB 395 allows for accepting a campaign contribution when the Legislature is in session for an official who is a candidate for federal elective office. The contribution must be placed in a separate account specifically designated for the candidate’s campaign account for federal office.

Currently, no contributions may be made when the Legislature is convened in an annual general session, veto override session, or a special session convened before July 1st of a general election year.

Photo of Rep. Keith Grover courtesy of the Utah House of Representatives website.