Lobbying

“Many ex-governors work as lobbyists, consultants” by Fredreka Schouten in USA Today.

“Twitter joins Washington’s influence economy, forms PAC” by Cecilia Kang in The Washington Post.

“Twitter seeks clout with Washington lobbyist” by Megan R. Wilson in The Hill.

Florida: “Lobbyists settle case with Miami-Dade ethics commission” by Brittny C. Valdes in the Miami Herald.

Indiana: “Revolving door: Indiana official considered as lobbyist” by Tom LoBianco (Associated Press) in the Journal and Courier.

Indiana: “More making jump to lobbying without cooling-off period” by The Associated Press in the Indianapolis Business Journal.

Pennsylvania: “Lobbyists fight state fee increase” by Kate Giammarise  in the Pittsburgh Post-Gazette.

Wisconsin: “Money & Politics: Unions sapped, other lobbying strong” by Bill Leuders in the Herald Times Reporter.

Campaign Finance

“Citizens United ‘Dark Money’ Could Be Revealed By States, NYC Public Advocate Report Finds” by Michael McAuliff in the Huffington Post.

“Alabama GOP donor challenges limits” by Mary Orndorff Troyan in USA Today.

Delaware: “Delaware developer faces campaign finance charges” by The Associated Press in the San Francisco Chronicle.

Michigan: “Campaign funds don’t all add up for state Treasurer Andy Dillon” by Paul Egan in the Detroit Free Press.

Ohio: “Cleveland Heights vs. Citizens United in November” by M.L. Schultze on WKSU News.

Virginia: “GOP’s Jackson omits in-kind flight donation from title lender from campaign finance reports” by The Associated Press in The Washington Post.

Ethics

Texas: “Texas Ethics Commission lowers record $100K fine against top criminal court judge to $25K” by The Associated Press in The Daily Journal.

Virginia: “Conflicts emerge as hurdles for Cuccinelli’s run” by Jim Nolan Richmond Times-Dispatch.

From the State Legislatures

California: “California Legislature faces raft of bills on volatile issues” by Melanie Mason and Patrick McGreevy in the Los Angeles Times.

Ohio: “Lawmakers weigh voting-related bills” by Jim Provance in the Toledo Blade.

Pennsylvania: “Another bill to cut Pennsylvania’s General Assembly being offered” by Brad Bumsted in the Tribune-Review.

Redistricting

“Attorneys deny claims in Alaska redistricting challenge” by The Associated Press in the Fairbanks Daily News-Miner.

Government Tech and Social Media

“White House Unveils CIO Council 2.0” by Joseph Marks in NextGov.

“How Lawmakers Spent Their Summer Vacation” by Roll Call on Pinterest.

New York: “New York City Looks to Technology to Grow Voter Turnout” by Miranda Neubauer in TechPresident.

Federal:

All the D.C. Donors, Now Put Your Checks Up

Politico – Byron Tau | Published: 8/3/2013

Campaign fundraising in Washington, D.C. has moved from staid receptions to high-profile concerts and sporting events. Most often, these events take place in a rented skybox at the Verizon Center paid for by a corporate PAC or a congressional campaign. Fundraising professionals say pairing a campaign fundraiser with a big event like a Beyoncé concert helps attract more attention from potential donors and ultimately brings in bigger contributions.

Republican Says E-mails Could Mean FEC-IRS Collusion

CNN – Dana Bash and Alan Silverleib | Published: 8/6/2013

FEC Vice Chairperson Donald McGahn said an investigator from his agency contacted Lois Lerner, the IRS employee at the center of the controversy over the alleged targeting of conservative groups. He said the contact was made to discuss the status of one such political advocacy group. Shortly after Lerner was contacted, the IRS sent a questionnaire to the American Future Fund, said McGahn. He said such contact was “probably out of the ordinary” and FEC members had not given staff permission to reach out to the IRS.

From the States and Municipalities:

California – L.A. County Won’t Sell Bonds to School Bond Campaign Donors

Los Angeles Times – Dan Weikel | Published: 8/6/2013

Los Angeles County Treasurer Mark Saladino said his office will no longer do business with securities brokers that make political contributions to school bond campaigns. The restriction applies to monetary donations, non-monetary contributions, and pre-election services, such as polling, voter outreach, and consulting.

Connecticut – Bills May Die, but Concepts Don’t

CTNewsJunkie.com – Hugh McQuaid | Published: 8/7/2013

Connecticut’s Legislative Research Office found at least 89 provisions that began this year in one bill, only to be signed into law under another. The number comes from an annual bill tracking report the office puts together after each legislative session. It documents instances when a concept became law in a manner other than the traditional legislative process.

Florida – Miami Lakes and Sweetwater Mayors ‘Stung’ by FBI for Taking Alleged Kickbacks

Miami Herald – Jay Weaver, Christina Veiga, and Joey Flecha | Published: 8/6/2013

The FBI arrested Miami Lakes Mayor Michael Pizzi and Sweetwater Mayor Manuel Maroño on bribery-related charges. Prosecutors said Pizzi and lobbyist Richard Candia were involved in a kickback and bribery scheme over federal grants in Miami Lakes and Medley, where Pizzi is town attorney. An indictment claims Maroño and lobbyist Jorge Forte were involved in a kickback and bribery scheme over grants for Sweetwater, where Maroño has been mayor since 2003.

Massachusetts – Galvin Faulted on Rules for Lobbyists

Boston Globe – Michael Levenson | Published: 8/7/2013

Massachusetts Secretary of State William Galvin was ordered to cover more than $100,000 in legal fees for a group of lobbyists who challenged his interpretation of the state’s revamped ethics laws. A judge found Galvin overstepped his authority by trying to force lobbyists to report every time they spoke to a legislator or state official, even casual, chance meetings.

New Hampshire – Ethics Committee: Special E-ZPasses don’t violate gift limits for N.H. lawmakers

Concord Monitor – Ben Leubsdorf | Published: 8/5/2013

E-ZPasses given to New Hampshire lawmakers do not violate ethics rules. Rep. Frank Sapareto had asked the Legislative Ethics Committee if they counted as a perk with a value in excess of the $25 limit on gifts to legislators.

New York – Citing Irregularities, City Board Rejects Public Money for Liu’s Campaign

New York Times – David Chen | Published: 8/5/2013

New York City Comptroller John Liu was denied about $3 million in public matching funds in his bid for the Democratic mayoral nomination after the Campaign Finance Board said it found evidence of possible “serious and pervasive” violations. In May, Liu’s former campaign treasurer and a fundraiser were convicted of trying to subvert the city’s campaign finance system with straw donors to obtain matching funds.

North Carolina – Video Shows Lawmakers Dancing on NC House Floor

WCNC – Ben Thompson | Published: 7/31/2013

A video shows a Republican lawmaker and an aide dancing on the North Carolina House floor near the end of the legislative session. One headline reads “NC House Dances with Joy over its Accomplishments,” and is accompanied by an editorial criticizing lawmakers.” The video shows a man and woman dancing, while another woman plays a fiddle. But some say the headlines and descriptions of the clip are misleading.

Oklahoma – Outdated Software Plagues Oklahoma Ethics Commission

The Oklahoman – Michael McNutt | Published: 8/3/2013

Financial information about campaigns and lobbyist spending posted on the Oklahoma Ethics Commission’s Web site is not accurate because of software glitches. Commission Executive Director Lee Slater said he will be ask lawmakers for funds next year to buy a new software system but until then, visitors to the site will have to put up with a system in which data posted by some candidates and lobbyists randomly does not show up.

South Carolina – Lobbyists Wined, Dined Lawmakers 95 Times

The State – Amanda Coyne | Published: 8/4/2013

During the 2013 legislative session, special interests hosted 95 breakfasts, luncheons, dinners, or receptions for South Carolina legislators and others. The meals and receptions regularly cost nearly $6,000 apiece. At least two held during the last legislative session cost far more, one almost $17,000 and another $20,000.

Tennessee – Nashville Lobbyist Murphy and Associates Faces Ethics Audit

The Tennessean – Chas Sisk | Published: 8/6/2013

An audit said a lobbyist receiving 10 percent of the state funding provided to the Tennessee Disability Coalition – more than $64,000 in one year – may violate a law banning lobbyist contingency fees. An attorney for lobbyist Jennifer Murphy disputes the contention and said even if the contractual arrangement was a contingency fee, it dates from 2002, four years before the prohibition was enacted as part of an ethics reform package.

Virginia – Donor Jonnie Williams, Star Scientific Are Cooperating in Probe of Gov. Robert McDonnell

Washington Post – Carol Leonnig and Rosalind Helderman | Published: 8/5/2013

Sources said Star Scientific Chief Executive Officer Jonnie Williams, Sr. has turned over personal financial records and sat for interviews in which he provided firsthand accounts of gifts and more than $120,000 given to Virginia Gov. Robert McDonnell and his family members since 2011. The cooperation is an ominous sign for McDonnell, suggesting federal prosecutors are focused on trying to build a potential criminal case against him.

West Virginia – Judge Ends Cap on Contributions to Indie PACs

Charleston Gazette – Kate White | Published: 8/7/2013

U.S. District Court Judge Thomas Johnston signed an order that strikes down struck down state laws limiting contributions to independent PACs. The $1,000 limit still applies to donations made directly to candidates and their campaign committees, PACs that contribute directly to candidates, and political parties.

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

“K Street shop on lookout for new senior Democratic lobbyist” by Kevin Bogardus in The Hill.

Illinois: “More Illinois public bodies hiring lobbyists” by The Associated Press in the Quincy Journal.

Massachusetts: “Galvin faulted on rules for lobbyists” by Michael Levinson in The Boston Globe.

Campaign Finance

Massachusetts: “Election Commission seminar set for Aug. 12” in South Coast Today.

Ohio: “Cleveland Heights campaign finance measure part of trend, group says” by Ray Jablonski in The Plain Dealer.

Virginia: “Candidates Make Honor Roll for Campaign-Filing Transparency” in the Sun Gazette.

Ethics

Florida: “Miami Lakes and Sweetwater mayors ‘stung’ by FBI for taking alleged kickbacks” by Jay Weaver, Christina Veiga and Joey Flechas in the Miami Herald.

Massachusetts: “Dan Wolf still running for governor despite ethics ruling” by Frank Phillips in The Boston Globe.

New York: “State Ethics Panel Opens an Inquiry Into a Sexual Harassment Cover-Up” by Danny Hakim in The New York Times.

New York: “Subpoenas Sent to City’s Big Landlords” by Eliot Brown and Erica Orden in The Wall Street Journal.

From Capitol Hill

“House Chamber Closed for Renovations” by Hannah Hess in Roll Call.

From the State Legislatures

Connecticut: “How a bill becomes a law in Connecticut can be a circuitous journey” by Hugh McQuaid in the New Haven Register.

Kansas: “Committee to make ‘Hard 50’ recommendations for special session” by John Hanna in the Topeka Capital-Journal.

Redistricting

“Redistricting trial set to begin” by Brian Lyman in the Montgomery Advertiser.

Treasurer Mark J. Saladino announced his office will no longer do business with securities brokers making political contributions to school bond campaigns. The pay-to-play policy is an attempt to prevent campaign donations from influencing the hiring of underwriters by school districts. The policy is also expected to increase competition between dealers and save taxpayer dollars.

Under the new policy, underwriters must not donate to school bond measures if they want to qualify for the treasurer’s list of investment banks and securities dealers eligible to sell county bonds. The restriction applies to monetary donations, non-monetary contributions, and pre-election services.

In statewide surveys, virtually every securities broker hired by a school district contributed to the district’s bond campaign and was retained without competitive bidding. A recent study focusing on California school bond issues found post-election fees paid to underwriters making contributions were on average $27,576 more than those paid to brokers not contributing.

Lobbying

“100 People to Watch This Fall” in The Hill.

“Legislators head to Chicago for ALEC retreat” by Elizabeth Crisp in the St. Louis Post-Dispatch.

Campaign Finance

New York: “Moreland panel issues its first subpoenas” by Jimmy Vielkind in the Albany Times Union.

Ethics

Public Corruption Convictions: State Totals, 2001-2010 in Governing.

New York: “Bruno trial is a go” by Brendan J. Lyons in the Albany Times Union.

New York: “Court Rules Bruno May Face Fraud Charges” by The Associated Press in The New York Times.

Virginia: “Support lacking for Cuccinelli’s quick ethics reform” by Julian Walker in The Virginian-Pilot.

Virginia: “Virginia Lt. Gov. Bolling calls for gift and ethics reform” by Rosalind S. Helderman in The Washington Post.

From the State Legislatures

Kansas: “Brownback signs resolution for special session” by Tim Carpenter in the Topeka Capital-Journal.

NCSL 2013 Legislative Summit Online Resources

Government Tech and Social Media

“Analysis: How Twitter Is Revolutionizing Washington Relationships” by Matthew Cooper in NextGov.

Massachusetts: “MA Democratic Primary Candidates To Participate In Crowdsourced Online Debate” by Sarah Lai Stirland in TechPresident.

New York: “Elections to Be Easier for Voters With an App” by Nick Corasaniti in The New York Times.

Redistricting

Congressional District Compactness, Gerrymandering By State in Governing.

Lobbying

“K Street powerhouse lobbies for green energy tax bill” by Ben Geman in The Hill.

Campaign Finance

New York: “Reform advocate spends big money” by Jimmy Vielkind in the Times Union.

New York: “Citing Irregularities, City Board Rejects Public Money for Liu’s Campaign” by David W. Chen in The New York Times.

Ethics

“FEC commissioner: New emails could tie agency to IRS targeting” by Blake Neff in The Hill.

Missouri: “Creator of Missouri Ethics Commission nominated for federal bench” by Jo Mannies in the St. Louis Beacon.

New Hampshire: “Ethics committee: Special E-ZPasses don’t violate gift limits for N.H. lawmakers” by Ben Leubsdorf in the Concord Monitor.

New Jersey: “Appeals court affirms dismissal of ethics complaint against assemblyman” by Matt Friedman in the Star-Ledger.

Utah: “Panel investigating Attorney General John Swallow to hold first meeting” by John Swallow in the Deseret News.

Virginia: “Cuccinelli pushes for special session on ethics rules” by Julian Walker in The Virginian-Pilot.

Redistricting

California: “SoCal Rep. Lowenthal takes a big swing at redistricting with new bill” by Kitty Felde on KPCC News.

Lobbying

“August recess now high season for interests lobbying lawmakers” by Matea Gold in The Washington Post.

Massachusetts: “Mass. casino lobbying tapering off on Beacon Hill as firms train money on host communities” by Steve LeBlanc (Associated Press) in The Republic.

Oklahoma: “Freshman Oklahoma lawmaker top recipient of lobbyist attention” by Michael McNutt in The Oklahoman.

Wisconsin: “Lobbying spending by public unions drops sharply” by The Associated Press in the Miami Herald.

Campaign Finance

“Report: Dead donors gave $586K” by Tal Kopan in Politico.

Texas: “New Open-Source Tool Gives Texans Faster Access to Campaign Finance Data” by Miranda Neubauer in TechPresident.

Ethics

“Congressional Pressure on FEC Criticized” by Kent Cooper in Roll Call.

Maryland: “Ethics complaint questions Vallario’s dual roles as legislator and lawyer” by John Wagner in The Washington Post.

Oklahoma: “Outdated software plagues Oklahoma Ethics Commission” by Michael McNutt in The Oklahoman.

Pay-to-Play

New Jersey: “Bill would close loophole in N.J. pay-to-play law” by Claudia Vargas in the Philadelphia Inquirer.

Government Tech and Social Media

“Georgia Saving Millions with Open Source Technology” by Brian Heaton in Government Technology.

From the State Legislatures

“The rise of one-party rule in the states” by Craig Gilbert in the Journal Sentinel.

California: “Lawmakers make final push” by Melody Gutierrez in The Sacramento Bee.

California: “Crunch time: Deals loom as clock ticks” by Greg Lucas in Capitol Weekly.

California: “Assembly returns without supermajority” by Christopher Arns in the Sacramento Business Journal.

The first charge and conviction for violating the Lobbying Act resulted in a $7,500 fine for a former federal staffer. Andrew Skaling worked for Tory office holders during the 2004 federal election campaign, while also being retained by the Canadian Network of Respiratory Care to arrange meetings with public officers. Skaling failed to register as a lobbyist, but assured the director of the charity he had.

While there was no evidence Skaling actually met with federal officials to lobby for the charity, the Lobbying Act requires a lobbyist to register within 10 days of being retained. The maximum penalty for failing to register under the Lobbying Act is $50,000 or six months in jail.

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.

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.

National:

Heiresses Apparent: Daughters take their turn for the political dynasty

Washington Post – Emily Heil | Published: 7/26/2013

Perhaps more than any previous year, the 2014 midterm campaigns feature a wave of daughters eager to embrace their fathers’ political legacies while forging their own political futures. And at a time when the 2016 presidential field appears likely to include both the son of a prominent politician (Rand Paul) and the wife of a president (Hillary Clinton), it is no surprise that daughters are forming a political class of their own.

State Republican Parties Mired in Dysfunction

The Associated Press – Steve Peoples | Published: 7/25/2013

Several state Republican leaders have been forced out or resigned in recent months, and many state parties face financial problems and skeptical national leaders. The conflicts highlight the tug of war over the GOP’s future as national leaders work to improve the party’s brand. At the same time, the dysfunction raises questions about the GOP’s ability to coordinate political activities in key battleground states ahead of the midterm elections.

Federal:

Next Citizens United? McCutcheon Supreme Court Case Targets Campaign Contribution Limits

Huffington Post – Paul Blumenthal | Published: 7/31/2013

Electrical engineer and budding political donor Shaun McCutcheon, now joined by the Republican National Committee, is bringing the biggest campaign finance case before the U.S. Supreme Court since the controversial 2010 Citizens United decision. If the justices rule in their next term for McCutcheon, it would mark the first time the court had found a federal contribution limit unconstitutional and would open the door for even more money to flood the political system.

Women Lobbyists May Be Worth More

National Journal – Elahe Izadi | Published: 7/30/2013

While men outnumber women on K Street, an analysis by LegisStorm shows individual lobbying contracts held by women are worth more on average than those held by men. The study, one of the first of its kind, offers a window on Washington’s roughly $3 billion lobbying industry and how it is evolving.

From the States and Municipalities:

Alabama – Corporations Can Make Unlimited Campaign Contributions

Gadsden Times – Philip Rawls (Associated Press) | Published: 8/1/2013

Companies can now give unlimited amounts to candidates in Alabama. The end of the $500 limit on August 1 means Alabama will become the fifth state with no cap on campaign donations. Lobbyist Bob Geddie said some companies may contribute directly to candidates now that the limit is off, but most will keep donating to PACs. He said if their corporate name ends up on a candidate’s campaign finance report, they know others will call for donations.

Arizona – Supporters Ask Judge to Block Higher Campaign Limits

Arizona Daily Sun – Howard Fischer (Capitol News Services) | Published: 7/31/2013

The Arizona Citizens Clean Elections Commission asked Maricopa County Superior Court to block an increase in state campaign contribution limits. The state Supreme Court declined to consider the commission’s special-action lawsuit in the matter. The plaintiffs were allowed to start over by filing the lawsuit anew with a lower court.

California – Cupid’s Work Gets Complicated as California Lawmaker Dates Lobbyist

Sacramento Bee – Laurel Rosenhall | Published: 7/31/2013

State Assemblyperson Brian Maienschein is dating Carolyn Ginno, a lobbyist for the California Medical Association. While the romance does not violate any rules, it has raised concerns among some good government groups. Watchdogs said Maienschein should step down from committees that routinely vote on bills the association lobbies, such as the health and business panels.

Colorado – Chieftain Newsroom Execs Sign Giron Recall Petitions, Blasted for ‘Ethics Conflict’

Huffington Post – John Tomasic (Colorado Independent) | Published: 7/30/2013

A local activist group reported Pueblo Chieftain General Manager Ray Stafford and at least two other newsroom executives signed petitions to have Colorado Sen. Angela Giron recalled over her support for gun-control laws. The group said the signatures amount to a breach of professional ethics. Stafford also wrote Giron an e-mail that many viewed as a threat.

Illinois – Scandal Puts Focus on ‘Toothless’ Ill. Ethics Law

Chicago Tribune – Kerry Lester (Associated Press) | Published: 7/30/2013

The Legislative Ethics Commission has agreed to look into whether Illinois House Speaker Michael Madigan and two of his fellow Democrats tried to use clout to interfere with personnel matters at Metra, the Chicago-area transit agency. But the committee is working under a law that critics say is too vague on what constitutes a conflict-of-interest and lacks sufficient enforcement powers.

Indiana – Tony Bennett, Former Indiana School Superintendent, Changed Top GOP Donor’s School’s Grade

Huffington Post – Tony LoBianco (Associated Press) | Published: 7/29/2013

Tony Bennett, the then-head of the Indiana department of Education, pressed for changes to the state’s school grading formula to help a campaign donor’s charter school. According to e-mails obtained by The Associated Press, Bennett demanded the changes when it appeared a charter school backed by influential Republican donor Christel DeHaan was going to earn a “C” in the state’s grading system.

Missouri – In Missouri, Campaign Donors Fund Phones, Sports Tickets, Golf Balls

St. Louis Post-Dispatch – Elizabeth Crisp | Published: 7/31/2013

A St. Louis Post-Dispatch analysis shows lawmakers and statewide officials often turn to their campaign funds to pay for a wide range of personal expenses that, they argue, are associated with their official or campaign duties. Meals, travel, and fundraising events – including costs associated with popular golf tournaments – were among the major expenses for candidates and elected officials.

New York – Exemption Rules under Review

Albany Times Union – Jimmy Vielkind | Published: 7/30/2013

The Joint Commission on Public Ethics is putting off a decision on applications from lobbying groups hoping to shield their donors from public view as it debates tweaks to its regulations. Emergency rules that will become permanent in August allow the commission to exempt donors that face “harm, threats, harassment, or reprisals” if it became known they were contributing to a cause. Commissioners agreed to have a public discussion on amending the exemption, possibly in early September.

North Carolina – McCrory Not Up On Voter Law He Signed

Charlotte Post – Michael Biesecker (Associated Press) | Published: 8/1/2013

North Carolina Gov. Pat McCrory signed into law a bill that makes extensive changes to the state’s election law, even though he admitted he was not familiar with key provisions on preventing voter fraud. At a press conference, the governor did single out the section of the bill that prohibits lobbyists from passing campaign donations directly to lawmakers.

South Carolina – State House for Sale: SC’s unregistered lobbyists profit in ‘gray area’

The State – Jamie Self | Published: 7/27/2013

Many companies and groups in South Carolina seek state money each year. To press their cases, they employ hundreds of lobbyists. But not everyone trying to influence lawmakers registers with the state as a lobbyist as required by the ethics law.

Tennessee – Ethics Panel Stalls on Tom Ingram Lobbying Hearing; Dismissal Vote Falls Short

Knoxville News Sentinel – Tom Humphrey | Published: 8/1/2013

A vote to scuttle penalties against prominent political operative Tom Ingram fell short in the Tennessee Ethics Commission. The panel voted three-to-one to drop the cases against Ingram, his colleague Marcille Durham, and client Hillsborough Resources for failing to register to lobby for three years on behalf of a coal company seeking to mine on public lands. That is one vote short of the minimum needed to pass, so members agreed to hear the cases again at a September meeting.

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.

The Legislative Ethics Commission has renewed its 2012 recommendations for several changes to the code of legislative ethics.

The recommended changes include:

• requiring employers of lobbyists to report the cost of advertising supporting or opposing legislation that appears during a session of the general assembly, if the cost is paid by an employer of lobbyists or a person affiliated with an employer;

• prohibiting employers of lobbyists and PACs from making campaign contributions to legislative candidates or legislators during a regular session of the general assembly, and prohibiting lobbyists from directly soliciting contributions for an election campaign of a legislator or legislative candidate;

• repeal the provision allowing each lobbyist and employer to spend up to $100 annually on food and beverages for each legislator and his or her immediate family, and prohibit lobbyists and employers from paying for out-of-state travel, food, or lodging expenses for legislators or candidates; and

• limiting the interaction between lobbyists and candidates who have filed to run for election to the general assembly, who are currently not subject to the $100 limit on food and beverage or prohibition on receiving anything of value from a lobbyist or employer.

Lobbying

“Industries Cut Lobbying Expenditures – Again” by Russ Choma in Open Secrets Blog.

California: “Cupid’s work gets complicated as California lawmaker dates lobbyist” by Laurel Rosenhall in the Sacramento Bee.

Wisconsin: “Wisconsin lobbyists spend $15.6M in first half of 2013” by M.D. Kittle in the Wisconsin Reporter.

Campaign Finance

Alabama: “Alabama’s cap on corporate political donations ends today under changes to campaign finance law” by Mike Cason in Birmingham News.

Ethics

Florida: “Sarasota lawyer to lead Ethics Commission” by Lloyd Dunkelberger in the Herald-Tribune.

New Jersey: “Ex-Justice Wallace to head N.J. ethics panel” by Maddie Hanna in the Philadelphia Inquirer.

New York: “Speaker Silver appoints judge to NY ethics board; replaces veteran who resigned” by The Associated Press in The Republic.

From the State Legislatures

Kansas: “State Dems want voting law change in special session” by The Associated Press in the Topeka Capital-Journal.

New York: “Cuomo to decide on more than 100 bills” by Jessica Bakeman in the Democrat and Chronicle.

Government Tech and Social Media

“App Sends Traffic Complaints Straight to Congress” by Ryan Holeywell in Government Technology.

National:

Gay Couples Could Face Different Campaign Money Rules across States

Rothberg Political Report – Nathan Gonzalez | Published: 7/11/2013

The Democratic Senatorial Campaign Committee asked the FEC to grant same-sex couples and candidates the same rights as married opposite-sex couples in the aftermath of the U.S. Supreme Court’s ruling that struck down the Defense of Marriage Act. One expert said the agency is not likely to pass its own regulation on spouses. “The FEC is likely to conclude that it’s governed by state law, [and] then you will have different fundraising rules for different states,” said former FEC Chairperson Michael Toner.

Majority of Americans Say Corruption Has Increased

U.S. News & World Report – Allie Bidwell | Published: 7/10/2013

According to a new survey by corruption watchdog Transparency International, more than a quarter of people worldwide paid a bribe when dealing with public services in the past 12 months. In the U.S., 60 percent of people said corruption has increased over the last two years, while only 10 percent said it has decreased by any amount. Overall, many countries found people do not trust the institutions they typically rely on to combat crime and corruption.

Federal:

Contractor Lobby Info: Virtually private

Politico – Byron Tau | Published: 7/7/2013

Disclosure on federal intelligence and procurement matters is opaque and confusing, stemming from loopholes in the nation’s lobbying transparency laws. Critics say the current rules are outdated and riddled with exemptions, and in need of revision.

Critics Question the IRS’ New ‘Fast-Track’ Path to Tax-Exempt Status

Lancaster Eagle-Gazette – Deidre Shesgren | Published: 7/10/2013

The IRS’s acting chief, Danny Werfel, unveiled a new process as one part of the agency’s effort to address the scandal in which agents used inappropriate criteria to flag some tax-exempt applications for extra scrutiny. Werfel said any group that has been waiting for tax-exempt status for more than 120 days will be able to self-certify. Those who are eligible will have to swear at least 60 percent of their organization’s resources will be devoted to a “social welfare” purpose and they will not spend more than 40 percent of their time or money on political activities.

Deadlock by Design Hobbles Election Agency

Boston Globe – Christoher Rowland | Published: 7/7/2013

The impression of weakness at the FEC has escalated in recent years as Republicans commissioners united in the belief that the agency had been guilty of overreach and have moved to soften enforcement, block new rules, and limit oversight. According to critics, the FEC has been rendered toothless.

From the States and Municipalities:

California – Brown’s Ethics Aide Erin Peth to Become Executive Director of FPPC

Los Angeles Times – Patrick McGreevy | Published: 7/5/2013

Erin Peth was selected to be the new executive director of the California Fair Political Practices Commission. Peth will step down from her post as deputy legal affairs secretary in Gov. Jerry Brown’s office, which she has held since 2011. Before that, she served as deputy attorney general while Brown was the state attorney general.

Georgia – Georgia Insurance Regulators Accept Meals, Golf from Industry

AccessNorthGa.com – Ray Henry (Associated Press) | Published: 7/10/2013

State Insurance and Safety Fire Commissioner Ralph Hudgens and two of his staff members accepted meals and a round of golf from Gould Hagler, executive director of the Independent Insurance Agents of Georgia. After being questioned about the spending, Hudgens said his staff will pay for their own entertainment at future events and begin following a new law limiting lobbyist spending before it legally takes effect in January.

Maine – State’s ‘F’ Spurs New Ethics Laws for Maine Officials

Morning Sentinel – Naomi Schalit and John Christie (Maine Center for Public Interest Reporting) | Published: 7/9/2013

A grade of “F” in a national report that measured the states’ levels of accountability and transparency in government spurred Maine lawmakers to enact reforms. The bills signed by Gov. Paul LePage include stricter reporting requirements for statements of economic interests filed by legislators and slowing the “revolving door” at the Capitol.

Nebraska – In the World of Lawmakers and Lobbyists, Who Has the Power?

Lincoln Journal-Star – JoAnne Young | Published: 7/7/2013

Some in Nebraska are asking if lobbyists exert too much influence on the legislative process. They contend that outside of committee hearing – where the public can see what is happening – lobbyists are able to advance their clients’ interests behind closed doors.

New York – NY Corruption Panel Has More Teeth, Will it Bite?

Seattle Post-Intelligencer – Michael Virtanen (Associated Press) | Published: 7/8/2013

Some have questioned whether the commission appointed by New York Gov. Andrew Cuomo will meet its mandate to root out corruption in the state. David Grandeau, the former director of New York’s defunct lobbying commission, does not believe this new temporary group will be any more effective than the Commission on Public Integrity and its successor, the Joint Commission on Public Ethics. Grandeau compared the panels to the Peanuts character Charlie Brown – always having the football pulled away at the last minute.

New York – Spitzer Rejoins Politics, Asking for Forgiveness

New York Times – Michael Barbarao and David Chen | Published: 7/7/2013

Former Gov. Eliot Spitzer, who stepped down in 2008 over a prostitution scandal, will enter the race for run for New York City comptroller. He said he believed New Yorkers would be open to his candidacy. “I’m hopeful there will be forgiveness, I am asking for it,” said Spitzer.

North Carolina – Arrests Mount as NC Legislative Session Nears End

Charlotte Observer – Michael Biesecker (Associated Press) | Published: 7/7/2013

Observers say some of the 700 people charged with the misdemeanors while protesting at the North Carolina General Assembly were exercising their First Amendment rights, behaving no differently than protesters from past years who were not arrested. That has raised concerns about whether Republican leaders who took control of the Legislature in 2010 are directing more aggressive enforcement against citizens who disagree with their agenda.

Pennsylvania – Pittsburgh Mayor’s Profile Wanes with Feds’ Probe

Minneapolis Star Tribune – Joe Mandak (Associated Press) | Published: 7/7/2013

Pittsburgh Mayor Luke Ravenstahl has gone from appearing on “Late Night with David Letterman” to facing a grand jury investigation. His staff members have testified about whether Ravenstahl sanctioned a slush fund that led to the police chief’s resignation and indictment, and whether the mayor instructed bodyguards to alter their time cards.

Tennessee – Gov. Haslam Struggles to Meet Pilot Recusal Pledge

San Francisco Chronicle – Erik Schelzig (Associated Press) | Published: 7/7/2013

An FBI investigation of alleged fraud by the sales staff at Pilot Flying J, the truck stop chain owned by the family of Tennessee Gov. Bill Haslam, has shined a spotlight on the governor’s pledge to keep his distance from company business. Opponents attacked Haslam for refusing to disclose his personal ownership stake, among other criticisms, in the 2010 Republican primary and general election.

Virginia – McDonnell’s Corporation, Wife Allegedly Benefited from $120,000 More from Donor

Washington Post – Rosalind Helderman | Published: 7/10/2013

Virginia Gov. Bob McDonnell is facing new allegations he failed to report donations made to him and other family members. Jonnie Williams, Sr., a businessperson and prominent political donor, gave $70,000 to a corporation owned by McDonnell and his sister last year. The payments to the corporation offer the first public example of money provided by Williams that would directly benefit McDonnell and not just his family.

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