April 12, 2011 •
Gift Limit Adjusted in Colorado
Colorado Independent Ethics Commission Releases Position Statement on Adjusted Gift Limit
The Independent Ethics Commission released Position Statement 11-01 on Friday, April 8, 2011. In this statement, the Commission adjusted the limit on gifts to public officials and employees in the state of Colorado to $53 per calendar year, up from $50.
Pursuant to Article XXIX section 3(6), which was part of the 2006 voter-approved Amendment 41, the limit is to be adjusted based upon inflation every four years. This is the first such adjustment required.
Photo of downtown Denver by 33mhz on Wikipedia.
April 7, 2011 •
It Is Time to Comply with SEC Rule 206(4)-5
The first of two compliance dates for Securities and Exchange Commission (SEC) Rule 206(4)-5, which had an effective date of September 13, 2010, passed on March 14, 2011.
The rule prohibits investment advisers from providing investment advisory services for compensation to a government entity within two years after a contribution to an official of that government entity is made, either by the investment adviser or by any covered associate of the investment adviser. This prohibition does not apply to contributions made by a covered associate to officials for whom the covered associate was entitled to vote at the time of the contributions if the contributions did not exceed $350 in the aggregate to any one official, per election. The prohibitions also do not apply to contributions made by a covered associate to officials for whom the covered associate was not entitled to vote at the time of the contributions if the contributions did not exceed $150 in the aggregate to any one official, per election.
An additional prohibition prevents an investment adviser from providing or agreeing to provide, directly or indirectly, payment to any person to solicit a government entity for investment advisory services unless that person is a regulated person or is an executive officer, general partner, managing member, or employee of the investment adviser. Nor may such advisers coordinate or solicit any person or political action committee to make a contribution to an official of a government entity to which the adviser is providing or seeking to provide investment advisory services or payment to a political party of a state or locality where the investment adviser is providing or seeking to provide investment advisory services to a government entity.
The rule has two important compliance dates. The March 14, 2011 date applied to investment advisers subject to the rule. The other compliance date, September 13, 2011, is when investment advisers will no longer be able to use third parties to solicit government business except in compliance with this rule. Additionally, advisers to registered investment pools have until the September 13 date to comply with this rule.
March 29, 2011 •
Measure Concerning Electioneering Communications Advances in Nebraska Legislature
Legislative Bill 606 has advanced past the first of three votes necessary for the measure to become law.
LB 606 would require any person who makes an electioneering communication in the amount of more than $250 to file a report of the electioneering communication with the Nebraska Accountability and Disclosure Commission, similar to the requirements for those making independent expenditures.
Further, the measure would require a corporation, labor organization, or business association making an electioneering communication with a value of more than $250 to file a report with the Commission including the nature, date, and value of the electioneering communication, as well as the name of the candidate identified in the electioneering communication.
Finally, the term ‘electioneering communication’ would be defined to mean any communication referring to a clearly identified candidate, is publicly distributed in the 30 days before an election, and is directed to the electorate of the office sought by the clearly identified candidate, while also noting ‘electioneering communication’ would not include a contribution or expenditure, a communication by media, a candidate debate, or a communication by a membership organization to the organization’s members.
Photo of the Nebraska State Capitol by Decumanus on Wikipedia.
March 23, 2011 •
Mecklenburg County Changes Ethics Code
New Ethics Code Concerns Free Tickets to Events
Commissioners in Mecklenburg County, North Carolina have agreed to a change in the county’s ethics code preventing themselves and other county employees from soliciting or receiving tickets to cultural or sporting events supported by the county.
If the county has included money, either directly or indirectly, or if an employee knows or has reason to know county money may be requested for an event, employees will no longer be able to receive complimentary tickets. County employees are still free to purchase their own tickets to sporting and cultural events without violating the new policy.
Photo of the Charlotte, North Carolina skyline by Riction on Wikipedia.
March 16, 2011 •
Georgia Governor Signs House Bill 232
New Law Eases Lobbyist Registration and Reporting Requirements
Governor Deal signed House Bill 232 on Tuesday, March 15, 2011. The law, which is effective retroactively to January 10, 2011, redefines the term “lobbyist” to require a person to be compensated specifically for lobbying activities before being required to register and report as a lobbyist. Also, a person is now only deemed a “lobbyist” if more than 10 percent of his or her working hours are spent engaged in lobbying activities.
A “lookback” period is included for each calendar month, requiring lobbyist registration and an initial disclosure report within five days if at the end of any month a person has met the 10 percent test. Further, the expenditure triggers for lobbyist registration have been increased from $250 to $1,000.
Additionally, lobbyists are granted a grace period of three business days in filing all disclosure reports. Finally, persons who are employed as bona fide salespersons are exempt from regulation as vendor lobbyists.
Photo of the dome of the Georgia State Capitol by Connor.carey on Wikipedia.
March 11, 2011 •
Hartford City Council Considering Pay-to-Play Contributions Ban
Delayed Contributions Ban Proposal Now Moves Forward
The Hartford city council is debating a proposal to ban campaign contributions from contractors who have business deals with the city. Proposed more than two years ago, the measure is now moving forward after receiving word from the city’s corporation counsel assuring the legality of such a measure.
There are still details to be determined concerning the measure, including who will be expected to enforce the measure. A vote is expected by the end of March.
Aerial photo of downtown Hartford by Sage Ross on Wikipedia.
March 8, 2011 •
Advisory Opinion in Georgia Clarifies Lobbyist Registration Statute
Officers and Employees of Business Entities the Focus of New Georgia Advisory Opinion Concerning Lobbyist Registration
The Georgia Government Transparency and Campaign Finance Commission has released Advisory Opinion No. 2011-1, providing for an interpretation of the lobbyist registration statute in regards to individuals who are officers or employees of a business entity. The Commission has determined these individuals must register as lobbyists if they meet with public officials and express opinions on potential or actual legislation that may impact the business entity.
Stacey Kalberman, Executive Secretary of the Commission, prepared the opinion, noting “the General Assembly drafted a broad provision which can only be interpreted to mean that any individual compensated by another, whether as a consultant or an employee, is acting as a lobbyist if such person attempts to influence legislation by the General Assembly.”
This opinion does not affect employees who may be conducting lobbying activities as an uncompensated volunteer, so long as they do not exceed $250 in expenditures.
March 7, 2011 •
Lobbyist Registration Coming to Tallahassee
Lobbyists will soon be required to register due to an ordinance recently passed by the Tallahassee city commissioners.
Effective April 1, 2011, lobbyists will be required to register with the city treasurer-clerk prior to engaging in any lobbying. Lobbyists will be required to pay a fee of $25 for each principal represented. Additionally, each lobbying firm may register in the name of the firm, corporation, or legal entity, provided the registration lists the names of all persons who engage in lobbying for the firm.
Further, each lobbying firm will be required to file a quarterly compensation report during each calendar quarter during any portion of which the lobbyist or lobbying firm was registered to represent a principal. A provision was also included in the ordinance stating the annual period of registration will be the calendar year, ending December 31, and noted the first period of registration will begin on the ordinance’s effective date of April 1, 2011, and all registrations during the 2011 year after such time will end on December 31, 2011.
February 28, 2011 •
Virginia General Assembly Adjourns; Immediately Calls Special Session
Sine Die Adjournment in Virginia Followed by Special Session for Redistricting
The Virginia General Assembly adjourned sine die on Sunday, February 27, 2011, one day after the originally scheduled sine die adjournment date. The Legislature voted to extend the session in order to finish work on the state budget. This is the sixth time in the last twelve years the Legislature has needed to extend the adjournment date, which includes having adjourned one day later than scheduled in 2010 as well.
Following adjournment, the General Assembly entered into a special session in order to consider drawing new legislative maps in response to the release of the 2010 Census numbers. The special session was immediately recessed until April 4, 2011.
Photo of the Virginia Capitol by Amadeust on Wikipedia.
February 23, 2011 •
Connecticut Governor Proposes Reduction in State Agencies
An effort to save money could bring cuts.
Governor Dannel P. Malloy has proposed reducing the number of budgeted state agencies from 87 to 57 in a move intended to increase efficiency and save the state money. Included in the reduction plan is a proposal to combine the Office of State Ethics, Elections Enforcement Commission, Contracting Standards Board, Freedom of Information Commission, and Judicial Review Council into a new agency to be named the Office of Governmental Accountability.
While not detailing how these agencies would be capable of functioning as one, or where any cost savings would be seen, Malloy did question in a press release why all these agencies are presently separate, stating “…why are all of the government accountability functions…separate entities when so many of their issue areas and jurisdiction overlap? It just didn’t make sense.”
Quickly voicing their concern against this proposal was the non-profit group Common Cause, noting how each of these “watchdog” agencies presently must keep watch over the other. A statement released by Common Cause noted “If a citizen files a complaint that the Elections Enforcement Commission or the Office of State Ethics has violated the FOI Act, the watchdog agency would be both the respondent and judge. It is unlikely that the new commission would bring ethics charges against itself, and this watchdog agency would undermine the public’s confidence and become a national joke.”
Photo of the state capitol by Ragesoss on Wikipedia.
February 15, 2011 •
Bill to Limit Lobbyist Contributions During Legislative Session Introduced
Hawaii Senator Les Ihara, Jr. has introduced a bill which would enact a ban on contributions from specific parties during a legislative session.
Senate Bill 69 would prohibit any lobbyist, principal of a lobbyist, client of a lobbyist, agent of a lobbyist, or political action committee on which a lobbyist sits from making political campaign contributions to the governor, lieutenant governor, or a member of the legislature.
This prohibition would be in effect during any time in which the legislature is in regular or special session.
The measure also defines terms pertinent to the language of the bill, including ‘contribution,’ ‘political action committee,’ and ‘principal of a lobbyist.’
The bill aims to reduce situations where actual or perceived conflicts of interest may be raised.
Satellite photo of Hawaii by NASA, posted on Wikipedia.
February 9, 2011 •
Arkansas Moves Closer to Passing Bill
Legislature Targets ‘Revolving Door’
The House and Senate have passed identical bills, House Bill 1284 and Senate Bill 194, aimed at delaying a legislator’s ability to become a lobbyist upon leaving the legislature.
The measures, often referred to as “revolving door legislation,” prohibit any former member of the legislature from registering as a lobbyist until one year after the expiration of the term the legislator was elected to serve.
Each chamber will now review the other’s bill. Governor Mike Beebe is expected to sign the legislation once passed.
Photo of the Arkansas State Capitol Building by Stuart Seeger on Wikipedia.
January 31, 2011 •
Hawaii Bills Propose Additional Reports and Disclosures for Lobbying Activity
The Hawaii Legislature will have the opportunity to debate changes in regards to the reporting and disclosure requirements for lobbyists and their clients during the 2011 session due to the filing of House Bill 637 and Senate Bill 671.
These bills would alter reporting and disclosure requirements to mandate reports be filed each month during the period from January through May of each year, as well as during any other month in which the legislature is in session. Further, an additional report would be filed on January 15 of each year to cover the period of June 1 to December 31.
Additionally, the bills would require lobbyists and their clients to make new disclosures, including campaign contributions made, the existence of any contractual relationships with legislators, and events attended wherein members of the legislature were in attendance and an average cost of $25 or more per person or total of $500 including gifts was expended. The bills also provide for definitions to pertinent terms, including ‘candidate,’ ‘candidate committee,’ ‘committee,’ and ‘contractual relationship.’
January 27, 2011 •
News from the Mississippi Legislature
They Will Consider Stopping ‘Revolving Door’ for Four Year Period
House Bill 44, a bill regarding ‘revolving door’ legislation, has been introduced in the Mississippi legislature. According to the bill, a member of the legislature would not be permitted to engage in or perform any function which would require registration as a lobbyist for a period of four years following the expiration of his or her legislative term. If passed, the bill would take effect July 1, 2011.
Photo of the Mississippi State Capitol by Charlie Brenner on Wikipedia.
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