March 7, 2013 •
Texas Bill Introduces “Establishing Goodwill” into State Lobbying Law Definition of Communications with Lawmakers
House Bill 2737
In a Texas bill introduced predominantly dealing with the ethics of public servants, the requirement for registering as a lobbyist in the state would be expanded.
House Bill 2737 amends the state’s lobbying law to include goodwill lobbying.
Specifically, the following definition is added: “Communicates directly with a member of the legislative or executive branch to influence legislation or administrative action” or any variation of the phrase includes establishing goodwill with the member for the purpose of later communicating with the member to influence legislation or administrative action.
A person would not be required to register if he or she spends 26 hours or less during the calendar quarter engaging in the communication. Additionally, the other current thresholds for determining whether registering as a lobbyist is required would remain.
The bill, introduced by Rep. Dennis Bonnen, also make changes concerning the regulations of political contributions and expenditures, political advertising, the conduct of public servants, and the reporting of personal financial information by public servants.
Photo of the Texas State Capitol courtesy of Kumar Appaiah on Wikipedia.
March 7, 2013 •
Two Bills Could Change Illinois Lobbying Laws
Representative Drury proposes changes to registration and gift laws
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.
March 7, 2013 •
Thursday News Roundup
Here are some great articles for today’s government relations news summary:
“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.
March 6, 2013 •
Wednesday Government Relations News
Keep up with the latest articles on lobbying, campaign finance, and more!
“K Street Files: Both Sides Rev Up for Wage War” by Elizabeth Newlin Carney in Roll Call.
“K Street’s gravy train runs dry as Georgian leaders move past election” by Kevin Bogardus and Julian Pecquet in The Hill.
“Former Sen. Jon Kyl joins lobby shop at Covington” by Catherine Ho in the Washington Post.
New York: “Best-paid lobbyists, spenders unveiled” by Chris Bragg in Crain’s New York.
Pennsylvania: “Pa.’s Corbett and wife disclose gifts from lobbyists and businesses” by The Associated Press in the Pittsburgh Post-Gazette.
Pennsylvania: “Corbett’s acceptance of gifts give rise to calls for laws on gift bans” by Jan Murphy in the Patriot-News.
Campaign Finance
“Study shows Super PACs made mockery of campaign law” by Taylor Lincoln in The Hill.
Arizona: “Arizona senate approves contribution limits to recall campaigns” by Howard Fischer in the East Valley Tribune.
Kentucky: “Ky. House passes bill to publicly finance state SC races” by Jessica M. Karmasek in Legal Newsline.
Ethics
Florida: “Florida lawmakers vote for ethics and early voting changes” by Mary Ellen Klas in the Tampa Bay Times.
Legislative Issues
Missouri: “Mo. House endorses change to term limits” by The Associated Press in the News Tribune.
South Dakota: “SD Senate approves boost in expenses for lawmakers” in the Rapid City Journal.
Open Government
“Sen. Del Marsh says GOP committee members did not violate Open Meetings Act” by Mike Cason in the Birmingham News.
Redistricting
Kentucky: “House redistricting plan would create new Lexington district” by Jack Brammer and Beth Musgrave in the Lexington Herald-Leader.
March 5, 2013 •
Tuesday Lobbying and Campaign Finance News
Keep up with the latest government relations news with these articles:
“Lobbyists predict rebound in 2013” by Kevin Bogardus and Ben Goad in The Hill.
Minnesota: “Minnesota lobbyists spent $65.2M in 2011, report says” by Bill Salisbury in the Pioneer Press.
Campaign Finance
California: “New Campaign Finance Tracker Helps You Follow the Money in L.A. Elections” on Community Television of Southern California.
Texas: “Bill Would Double Campaign Finance Disclosures” by Ryan Murphy in the Texas Tribune.
Ethics
“Ethics commission agrees to seek outside investigator in Gessler case” by Tim Hoover in the Denver Post.
Florida: “Will lawmakers pass campaign reform or just face-lift?” by Aaron Deslatte in the Orlando Sentinel.
Florida: “Ethics legislation could be passed on opening day” by The Associated Press in the Miami Herald.
Social Media
“Are hashtags a political #wasteoftime?” by Steve Friess in Politico.
March 4, 2013 •
Indiana Considers Increase and Expansion of Lobbying Regulation
House Bill 1222 had no problem making it to Senate committee
A bill to change lobbying regulations has passed the House and is currently in the Senate Committee on Public Policy.
House Bill 1222 expands the definition of lobbying to include communications with any legislative employee and requires lobbyists to file registration statements and activity reports electronically.
The bill also increases the annual lobbyist registration fee from $100 to $200 and makes the lobbyist registration year match the current lobbyist reporting period.
The bill passed the House 94-0 on February 25, 2013.
March 4, 2013 •
Monday News Roundup
Let’s start off the week with these lobbying, campaign finance, and ethics news articles:
“Home Sweet K Street” by Kate Ackley in Roll Call.
Campaign Finance
“Political campaign finance reform advocates to hold ‘K Street 5K’ in DC, Apr 13” by Karen Ruben in The Examiner.
Arizona: “Arizona House legislation would allow for campaign finance changes” by Howard Fischer in the East Valley Tribune.
Georgia: “Florida’s ethics reforms offer glimpse of Georgia’s future” by Chris Joyner in the Atlanta Journal-Constitution.
New York: “NYC public advocate: State, local governments must lead efforts to regulate dark money” by Michael Beckel in the Center for Public Integrity.
Vermont: “New twist on campaign finance debate” by Peter Hirschfeld in the Times Argus.
West Virginia: “Senate President supports public campaign finance bill” on West Virginia Public Broadcasting.
Ethics
“Suit Over How Larry Craig Paid Legal Bills Heads To Court” by Jessica Robinson in Boise State Public Radio.
Florida: “Bill would strengthen Florida Commission on Ethics enforcement” by Jeff Marcu in First Coast News.
Tennessee: “Rep. Curry Todd lived rent-free in lobbyist’s home” by Nate Rau in The Tennessean.
Utah: “Senate panel advances bill for executive branch ethics commission” by Dennis Romboy in the Deseret News.
March 1, 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.
March 1, 2013 •
Taking Matters into Their Own Hands
Georgia and Missouri
This year’s push for ethics reform in several state legislatures could not happen fast enough for some elected officials. Georgia’s Senate and Missouri’s Secretary of State, Jason Kander, decided on day one to take matters into their own hands by adopting new gift rules for their respective offices.
The Georgia Senate imposed a $100 limit on gifts from lobbyists. Senators approved the gift cap 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 committees. The rule does allow lobbyists to give $100 gifts on multiple occasions. Meanwhile, House Speaker David Ralston has unveiled an ethics reform bill aimed at expanding the definition of a lobbyist and restricting lobbyist gifts. House Bill 142 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.
Missouri Secretary of State Jason Kander, sworn in on January 14, 2013, announced a new ethics policy as part of his “Day 1 Achievements.” The new policy prohibits the staff in his office from accepting gifts from lobbyists. State administrative policy already curtails what state employees may accept from lobbyists, but agencies are free to adopt stricter guidelines. Additionally, Missouri’s House and Senate are both considering bills to curb lobbyist spending. House Bill 139 would prohibit General Assembly members, family, and staff from accepting more than $1,000 per calendar year from lobbyists. Senate Bill 181 would prohibit statewide elected officials, legislators, staff, employees, and family from accepting gifts over $50 from a lobbyist.
March 1, 2013 •
News You Can Use Digest – March 1, 2013
Here are highlights from the latest edition of News You Can Use:
Federal:
Conservative Justices Voice Skepticism on Voting Law
Lobbyists Fear Shakedown If Supreme Court Lifts Campaign Contributions Cap
From the States and Municipalities:
California – California Campaign Finance Reporting Ripe for Abuse
Florida – In David Rivera Investigation, Suspected Ringer Charged in Federal Court in $81,486Scheme
Florida – Universal Rolls out Red Carpet for GOP Lawmakers, Lobbyists, State-Party Donors
Georgia – Lobbyist Spending Down 1 Month after New Georgia Rule
Georgia – State House Backs Banning Some Lobbyist Spending
Illinois – Michael Bloomberg’s Super PAC Declares Victory in Illinois Special Election
New York – NY Comptroller Drops Suit as Qualcomm Agrees to Disclose More about Political Spending
Ohio – Ohio Campaign Contribution Limits Continue to Rise
West Virginia – Gainer, State Agency Officials Appear in Online Visa ‘P-card’ Marketing Campaign; State Ethics Act Limits Such Endorsements
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.
February 28, 2013 •
Thursday News Roundup
Here are a few articles for today’s government relations news summary:
Lobbying
“GOP’s Gomez pushing term limits, lobbying ban” by The Associated Press in the Boston Globe.
“Barry Jackson’s next move” by Anna Palmer in Politico.
“K Street Files: Hey, Is That Jack Abramoff Dressed as a $100 Bill?” by Kate Ackley in Roll Call.
Campaign Finance
Hawaii: “Bill to Boost Disclosure of Campaign Spending Advances” by Nathan Eagle in the Honolulu Civil Beat.
Kansas: “House closer to passing campaign reform bill” by Tim Carpenter in the Topeka Capital-Journal.
Maine: “LePage budget would gut clean election fund for 2014 campaign” by Christopher Cousins in the Bangor Daily News.
Nevada: “Bill would force ex-candidates to dispose of unspent campaign funds” by Sean Whaley in the Las Vegas Review Journal.
February 28, 2013 •
A New LinkedIn Group Just for Compliance!
State and Federal Communications starts Government Relations Compliance Group
There are a number of terrific LinkedIn groups devoted to government relations professionals and to the industry in general. What we found was that there was no group specifically for the discussion of compliance.
We are excited to announce that we are meeting that need by forming the Government Relations Compliance group.
Government relations professionals can discover what colleagues are saying about complying with government rules and regulations for lobbying, grassroots lobbying, political contributions, and procurement.
Join the conversation!
February 28, 2013 •
Ask the Experts – Deciding Whether a Communication Counts as Lobbying
Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.
Q. I have been asked to testify before a committee of the state legislature regarding a pending or potential bill. Is this considered lobbying activity?
A. As is usually the case, the answer will vary drastically depending on the state in question. In this specific situation, there are at least three variables to consider when evaluating this question:
1. Is testimony excluded from the definition of lobbying? In many states, providing information, participating in a meeting, or otherwise communicating at the request of a public official is specifically excluded from the definition of lobbying. This is true even if the information will potentially influence legislation, as long as the contact was initiated by the state. In these jurisdictions, a person may be asked to testify about a topic as an industry expert without being subject to lobbying laws. For instance, in Colorado, a person who is not otherwise registered as a lobbyist, but provides information at the request of public officials is not required to register and report. Iowa has a similar exception for people providing testimony or information at the request of a public official.
2. Is the communication before a public committee? Often, participation at a public meeting or proceeding or otherwise testifying on the public record is excluded from lobbying laws. Delaware’s exemption is a good example of a state allowing for testimony at a public hearing without lobbyist registration. Likewise, Connecticut has an exception from its definition of lobbyist for those who are not hired specifically to lobby and whose appearances are limited to public testimony.
3. Is there a pending bill before the legislature? Finally, it may be important to determine whether there is an actual bill pending before the legislative body in question, or if the putative lobbying communication is only regarding potential legislation. Certain states only regulate attempts to influence legislation that has already been introduced. North Dakota is a good example of this point. In order to be considered a lobbyist, a person must be attempting to influence a live bill. An individual does not need to register as a lobbyist for attempting to influence a potential bill.
There are very few concepts, rules, or guideless applicable to all states, and accordingly, situations like this must be examined on a case-by-case basis. For specific guidance, please contact a member of the State and Federal Communications compliance department.
(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.
February 27, 2013 •
Wednesday Government Relations News
Keep up with the latest articles on lobbying, campaign finance, and more!
“Web Entrepreneur Tries to Bridge K Street and Grass-Roots Advocacy” by Kate Ackley in Roll Call.
“K Street Files: Manufacturers, Citing Job Losses, Oppose Carbon Tax” by Kate Ackley in Roll Call.
“Lobbying World” in The Hill.
“Lincoln actor joins museum leaders lobbying in DC” by The Associated Press in the Peoria Journal Star.
Campaign Finance
“Pay to play?” by Allison MacDonald on MSNBC.
Arizona: “Clean Elections consolidation bill advances” by The Associated Press in the Arizona Daily Sun.
Montana: “Montana Senate endorses limit on corporate campaign spending” by The Associated Press in the Missoulian.
Ethics
“Feinstein asks court for campaign treasurer’s records” by John Myers in KXTV News 10.
Open Government
Minnesota: “Social media tests Minn. open meeting law” by Brian Bakst in Minnesota Public Radio.
South Carolina: “S.C. legislators wouldn’t be able to keep communication secret under altered House bill” by Stephen Largen in the Post and Courier.
Redistricting
North Carolina: “Attorneys wrap up arguments in NC redistricting” by Gary D. Robertson in the Winston-Salem Journal.
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.