State Representative Scott Drury has recently introduced two bills that would change the way lobbyists operate within the state. House Bill 2957 would change the definition of lobbying, thus causing more people to register as a lobbyist.

The bill would add communicating with a local government to influence action to the definition of lobbying. Therefore, all people who lobby a local government without a lobbying ordinance, the cities of Rockford and Springfield for example, would have to register as a lobbyist with the state. Also, those who lobby in a city with a lobbying ordinance, such as Chicago, would have to register with the state, in addition to their current city registration.

House Bill 2964 is a bill aimed at the state’s current prohibition on gifts. It would prohibit the relatives of a state officer, legislator, or employee from receiving prohibited gifts from a prohibited source (under state law, a lobbyist is considered a prohibited source). The bill also adds a new exception to the ban, adjusts one of the current exceptions, and abolishes another of the exceptions.

If the bill passes, a state officer, legislator, or employee would be allowed to accept admission to and the cost of food and beverages consumed at a reception, meal, or meeting by an organization before whom the recipient appears to speak or answer questions as part of a scheduled program where all members of the General Assembly were invited. This would replace the current exception for food and beverage, which allows for those to be provided if catered or consumed on the premises.

The bill would also limit the amount of travel expenses provided to $111 per day and the travel must be on a carrier available to the general public.

It remains to be seen whether either one of the bills will pass, but should they pass in their current form, it will change how lobbyists do business in the state.

Photo of the Illinois State Capitol by Daniel Schwen on Wikipedia.

Lobbying

“K St. ready for cybersercurity cash grab” by Kevin Bogardus in The Hill.

“Under Contract” in The Hill.

Illinois: “Lobbying push at Capitol as gun issue looms” by Rafael Guerrero in the Chicago Tribune.

Pennsylvania: “Gov. Tom Corbett may be open to a gift ban, spokeswoman suggests” by Jan Murphy in the Patriot-News.

Texas: “Watchdogs: Ethics Loopholes Obscure Lobby Perks” by Jay Root in the Texas Tribune.

Campaign Finance

Colorado: “David Sirota Moderates Discussion On Campaign Finance Reform, Democracy In Colorado” by Matt Ferner in the Huffington Post.

Ethics

California: “STATE LEGISLATURE: Area lawmakers given gifts, trips in 2012” by Jim Miller in the Press-Enterprise.

Florida: “Florida House bridles at Senate’s proposed ethics reforms” by Dara Kam in the Palm Beach Post.

Florida: “Matt Reed: Something to cheer, for a change, as Legislature opens” by Matt Reed in Florida Today.

Hawaii: “Hawaii Legislators Exempt Themselves from State Ethics Code” by Barbara Polk in the Hawaii Reporter.

The House of Representatives has passed ethics legislation to bar lobbyist gifts to individual lawmakers and enact new rules on lobbyist registration.

House Bill 142 passed 164-4 on Monday, February 26, 2013 and now goes to the Senate.

Critics hope the Senate provides a limit for the gift ban exceptions, which allow for unlimited gifts to groups of legislators such as committees and caucuses.

Lobbying

“Lobbyists Use Campaign-Style Opposition Research to Turn Tables on Rivals” by Kate Ackley in Roll Call.

“Data mining is new lobbying gold” by Byron Tau in Politico.

“First ladies, first lobbyists?” by Kristin Donnelly in MSNBC.

Arizona: “Arizona senators look to revamp lobbying gift ban” by The Associated Press in the Arizona Daily Sun.

Colorado: “Colorado gun-control bills draw no big lobbying money — yet” by Karen E. Crummy in the Denver Post.

Florida: “Legislative lobbying hit $123 million last year” by Travis Pillow in the Tallahassee Democrat.

Georgia: “Vote possible on proposed Ga. lobbying rules” by The Associated Press in the Daily Citizen.

Kansas:  “Lobbyists vouch for bill to increase spending limits” by Andy Marso in the Topeka Capitol-Journal.

Nebraska: “Senators want to stop lobbyist contributions during session” by Kevin O’Hanlon in the Lincoln Journal Star.

Philadelphia, Pennsylvania: “Nutter asks Ethics Board for ruling on city lobbying regs” by Jan Ransom in the Philadelphia Inquirer-Daily News.

Campaign Finance

“Watchdog groups warn of fundraising scandal in Obama second term” by Alexander Bolton in The Hill.

Alaska:  “Democratic proposal seeks campaign finance change” by The Associated Press in the Anchorage Daily News.

California: “Proposal would repeal limits on campaign contributions in California” by Patrick McGreevy in the Los Angeles Times.

New York: “Public Forum Discusses Campaign Finance Reform” by Adam Littman in the Nanuet Patch.

New York:  “Republican candidate George McDonald tries an unusual path to New York’s mayoralty: the brazenly defiant fundraising scofflaw” by Jonathan Lemire in the Daily News.

Ethics

Colorado: “Ethics commission delays release of Gessler probe once again” by Tim Hoover in the Denver Post.

Florida: “Michelle Anchors appointed to Commission on Ethics” by Tom McLaughlin in the NWF Daily News.

North Carolina: “Lawmakers’ economic interests not easily tracked” by Mark Binker in WRAL.

Oklahoma:  “New Ethics Commission director eyes reforms” by James Coburn in the Edmund Sun.

Knox County, Tennessee:  “Panel to examine ethics commission makeup, scope of investigative powers” by Mike Donila in the Knoxville News-Sentinel.

The New York Joint Commission on Public Ethics (JCOPE) is currently in the process of developing draft regulations for the state’s gift laws. These draft regulations will attempt to provide clarity and guidance to those regulated by the commission.

The draft regulations concerning gifts given by lobbyists allow lobbyists to follow a step-by-step guide to determine whether he or she is allowed to legally give the gift. JCOPE is accepting written comments on the draft regulations until February 15, 2013. JCOPE will then use those written comments to draft proposed regulations.

Updated February 13, 2013: The New York Joint Commission on Public Ethics has extended the deadline to submit written comments on the draft regulations to March 8, 2013.

Campaign Finance

New York: “Newest NY Senator says she’ll fight for campaign finance reform” by Karen DeWitt in North Country Public Radio.

Lobbying

“Unregistered Lobbyists Keep Business Humming” by Kate Ackley in Roll Call.

“Business Roundtable Head Says CEOs Will Be Visible Lobbyists” by Kate Ackley in Roll Call.

California: “Capitol lobbying rises” by Laurel Rosenhall” in the Sacramento Bee.

Georgia: “House vs. Senate on the lobbyist gift ban” by Chris Joyner in the Atlanta Journal-Constitution.

New Jersey:  “State watch: Hidden persuaders and local lobbying” by David Neese in the Trentonian.

Ethics

Nebraska: “Nebraska’s lieutenant governor quits amid scandal” by The Associated Press in the Los Angeles Times.

From the State Legislatures

Nevada: “All you need to know about the 77th Legislature convening today” by Anjeanette Damon and David McGrath in the Las Vages Sun.

Ohio: “Lawmaking 101: There’s a process” by Jim siegel in the Columbus Dispatch.

Wisconsin:“Lawmakers Have Mixed Feelings About Part Time Legislature” Marti Mikkelson on WUWM Milwaukee Public Radio.

NCSL’s “Legislative Social Media Sites”

Open Government

Missouri: “Mo. measure seeks to strengthen open records law” by The Associated Press in the News Tribune.

House Speaker David Ralston has unveiled an ethics reform bill aimed at expanding the definition of a lobbyist and restricting gifts from a lobbyist. House Bill 142 would define a lobbyist to include an individual who advocates for the purpose of influencing a public officer whether the individual is compensated or working pro bono.

The new definition does away with both the $1,000 expenditure and 10 percent time spent thresholds for lobbyist registration. The bill, as originally filed, would ban even the smallest expenditure of a lobbyist if for the benefit of a single member of the General Assembly.

Lobbyists would still be permitted to spend on committees, caucuses, and expenses to public officers for trips to conferences and meetings.

Lobbying

“K Street Files: Defense, Tax Aides Join McBee” by Kate Ackley in Roll Call.

“Lobbying World” in The Hill.

California: “Former assemblyman registers as a lobbyist” by Laurel Rosenhall in the Sacramento Bee.

Georgia: “Georgia speaker unveils sweeping ethics legislation” by Chris Joyner in the Atlanta Journal Constitution.

Missouri: “Lawmaker: Legislators should never become lobbyists” by Bob Watson in the News Tribune.

Campaign Finance

“FEC Increases Contribution Limits for 2014” by Kyle Trygstad in Roll Call.

Montana: “Montana legislators, groups at odds on campaign donation limits” by Mike Dennison in the Missoulian.

New York: “On Campaign Finance Reform, Senate Republicans Stand in Gov. Cuomo’s Way” opinion piece by John Petro in the Huffington Post.

Ethics

“Ethics Office Opened 32 Cases During 112th Congress” by Amanda Becker in Roll Call.

Hawaii: “Honolulu Ethics Commission Wants to Double Its Resources to Fight Public Corruption” in the Hawaii Reporter.

Illinois: “Former state ethics commissioner hit with $2,500 ethics violation” by Rafael Guerrero in the Chicago Tribune.

Maine: “Bill would bar state officials from quitting to immediately work for industries they regulated” by Naomi Schalit and John Christie in the Bangor Daily News.

New York: “NY ethics board talks conflicts in secret session” by The Associated Press in the Albany Times Union.

New York: “Ex-aide to City Controller John Liu snared in campaign finance fraud probe is granted immunity to testify in former treasurer’s trial” by Robert Gearty in the New York Daily News.

South Carolina: “SC Supreme Court to hear Nikki Haley ethics case” by Andrew Shain in The State.

Elections

Michigan: “Snyder nixes plan to split Michigan electoral votes” by Alexander Burns in Politico.

Ohio: “State Sen. Turner proposes election reform package” by Joe Hallett in the Columbus Dispatch.

Ohio: “Secretary of State Jon Husted and other Republicans say Electoral College changes not in store for Ohio” by Henry J. Gomez in the Plain Dealer.

Open Government

Mississippi: “Mississippi gets low grades for transparency on state, local websites” by Donna Harris in the Sun Herald.

South Dakota: “Legislature: Public records plan falls short” by David Montgomery in the Argus Leader.

The Florida Senate Committee on Ethics and Elections is working on a proposed bill to revise the state’s ethics law.

The draft language relating to lobbying and gift law in the bill establishes a fine for executive branch lobbyists for failure to provide required information or knowingly providing false information in a report, and prohibits vendors from providing gifts to reporting individuals or procurement employees. Other changes the committee is considering include:

• Restrictions on former legislators’ employment as a lobbyist, such as ban on executive branch lobbying and a prohibition on becoming a partner, principal, or employee of a firm whose primary business is lobbying the state legislature within the two years after a legislator leaves office; and
• A prohibition on or reduced gift limit for gifts to covered individuals from committees of continuous existence, or CCEs. House Speaker Will Weatherford has called for elimination of CCEs, which are often used by legislators to pay for meals, travel, and gifts.

The committee plans to have final draft language available on January 18, and plans to consider the proposed bill at its January 22 meeting.

The Senate has imposed a $100 limit on gifts from lobbyists. Senators approved the gift cap 42-12 on the opening day of the 2013 General Assembly session as part of new rules governing the chamber’s operations for the current two-year term.

The new rule does not apply to travel costs or to gifts provided to groups of senators, including members of committees. The rule also allows lobbyists to give $100 gifts on multiple occasions.

Although not bound by senate rules, house leaders plan to introduce legislation later this week calling for a complete ban on lobbyist gifts.

Photo of the Georgia State Capitol courtesy of connor.carey on Wikipedia.

National:

NRA Power and Money Goes a Long Way in States

The GOP’s Electoral College Scheme

Federal:

Colbert Super PAC to Give to Charities

Crossroads GPS Claim: What Karl Rove’s dark money nonprofit told the IRS

From the States and Municipalities:

Alaska

Legislative Aide Resigns after Anti-Islamic Agenda Crosses into Public Role

Arkansas

Admitted Inappropriate Relationship Threatens McDaniel’s 2014 Bid to Become Arkansas’ Governor

California

More Valuable Gifts, Contributions Allowed to Politicians in 2013

California

State Political Watchdog to Enforce San Bernardino County’s Campaign Finance Ordinance

Louisiana

New Orleans Mayor Mitch Landrieu to End Contracts with Firm Tied to Ray Nagin Bribery Probe

New York

Cup of Coffee Limit Perks Up Again

New York

NY State Urges Aetna to Reveal Political Spending

Washington

House Bill Would Impose Fees on Lobbyists, Others

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

News You Can Use is a news service provided at no charge only to clients of our online Executive Source Guides, or ALERTS™ consulting clients.

Lobbying

Via Eric Brown’s Political Activity Law blog – Missouri:“Mo. Sen. candidate wants ban on all lobbyist gifts to state lawmakers” by Marshall Griffin in St. Louis Public Radio.

Wisconsin: “Former Assembly speaker now a lobbyist” by Jason Stein in the Milwaukee Journal Sentinel.

Campaign Finance

“Rules of the Game: Shining a Light on Political ‘Dark Money‘” by Eliza Newlin Carney in Roll Call.

Arizona: “Probe into Horne’s campaign finances leads to report over alleged hit-and-run” by Howard Fischer in the East Valley Tribune.

Social Media

“Mashable Special Report: How Digital Is Transforming Politics” by Josh Catone in Mashable.

“How the Internet will Change the Government” by Henry Brown in Govloop.

Council President Jack Young has introduced legislation on behalf of city watchdog officials to close gaps in Baltimore’s ethics code after reviewing attempts to take advantage of loopholes.

The bill would prohibit council members from accepting gifts from anyone who has lobbied the city in the previous 12 months, even if the lobbyist is no longer registered.

Last January a prominent lobbyist attempted to give a gift, including tickets, to a council member during a short interlude between the expiration of the lobbyist’s 2011 registration and the eventual 2012 registration renewal.

Q. Are there any additional compliance requirements of which to be aware because this is a Presidential election year?

 A. In a word, no. However, given the substantial increase in federal, state, and local contributions, it is important to keep in mind some compliance basics during an election year:

• Be aware of what restrictions exist in a specific jurisdiction regarding pre-election contributions and/or communications. Several states have laws restricting contributions within a certain time period of an election. Federally, there are time-period restrictions associated with election communications;
• Track reportable contributions that may only come into play during an election year. For instance, at the federal level, contributions made to an inaugural committee are reportable on the LD-203;
• The same gift laws apply leading up to an election as the rest of the year. Understand the definition of a gift as it relates to a “covered official” from any given jurisdiction and don’t violate it because you happen to be attending an election-related activity, including conventions;
• Most jurisdictions have personal, corporate and/or PAC contribution limits. Be diligent in monitoring contributions so as not to surpass those limits;
• Don’t rely on a “covered official” from any jurisdiction to know his/her jurisdiction’s limits or restrictions. Be proactive in determining restrictions ahead of time; and
• Consider implementing “Election Year” guidelines within your organization to keep everyone on the same page.

In an election year, the increase in activity coupled with jurisdictional differences can make compliance a little trickier. By following these fundamental guidelines, you are more likely to ensure that at the end of the day you can say, “I Comply.” As always, should you have any questions regarding your compliance efforts, don’t hesitate to refer to State and Federal Communication’s on-line source books or contact us directly.

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.