Federal:

Democrats Give Special Interests a Role at Convention

Lobbyists Push Congress to Toughen Rules for Their Industry

White House Abandons Push for Federal Contractors to Disclose Political Giving

From the States and Municipalities:

Alaska

Commission Nominee Withdraws after Racism Accusation Revived

Arkansas

Ethics, Campaign Finance Reform Measure Inspired by Occupy Movement

California

L.A. County Supervisors Campaign for Funds in Lightly Contested Races

Georgia

Gifts Continue to Rain on Lawmakers

Indiana

Union Says Right-to-Work Law Violates Free Speech

Massachusetts

House May Pull PR, CEOs, Communications Specialists into Lobbying Definition

Michigan

Wayne Co. Ethics Rules Get Mixed Welcome

Missouri

Former Missouri Governor Pleads Guilty to Money Laundering

New Mexico

New Charges Filed against NM Town’s Mayor-Elect

Ohio

Josh Mandel, Ohio Treasurer, Sent Top Aide to Beginner’s Course

South Carolina

Ethics Commission Probes Haley’s Campaign Finances

Washington

Ex-Evergreen Instructor Who Owes $119,000 for Ethics Violations Has Disappeared

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.

Florida: “In wake of ‘Taj Mahal’ scandal, Florida Supreme Court approves new lobbying rules for judges” by Lucy Morgan in the Tampa Bay Times.

Florida: “Florida Supreme Court to judges: No lobbying” by Lucy Morgan in The Miami Herald.

Georgia: “Georgia ethics commission goes easy on late campaign reports after change in process” by Walter C. Jones in The Florida Times-Union.

Idaho: “Retiring ID Rep. lands at lobbying, marketing firm” by The Associated Press in the Idaho Statesman.

Kansas:  “Corporations drop memberships in ALEC, which has strong ties to Kansas Legislature” by Scott Rohtschild in the Lawrence Journal-World.

Maryland: “Campaign Finance Transparency Measures Pass General Assembly” by Megan Poinski in Southern Maryland Online.

Massachusetts: “House may pull PR, CEOs, communications specialists into lobbying definition” by Colleen Quinn in the Boston Herald.

Following a board meeting, American League of Lobbyists President Howard Marlowe announced the group has approved rules that would require more people to register as lobbyists, as well as other transparency measures.

For full news coverage, be sure to read: “Lobbyists OK Lobbying Reform Proposals”by Andrew Joseph in the National Journal.

According to the National Journal: “The reforms, more than a year in the making, include lowering the registration thresholds, mandating that lobbyists who work for state and local governments or religious organizations register, and shifting enforcement from the U.S. Attorney’s Office to the Justice Department.

The plan would require a person who spends 10 percent of their time lobbying to register as a lobbyist, down from the current 20 percent threshold. And it lowers the number of paid lobbying contacts a lobbyist can have per quarter before registering from two to one. The proposal also shortens the registration window from 45 days to 20 days and would require all lobbyists to undergo ethics training and attend a refresher course every five years.  The proposal preserves exemptions for citizen lobbyists.”

Here is the American League of Lobbyists press release.

Also read: “American League of Lobbyists suggests new rules” by Abby Phillip in Politico.

“American League of Lobbyists Announces Tougher Lobbying Rules” by Andrew Ramonas in The Blog of Legal Times.

“White House abandons push for federal contractors to disclose political giving” by Mike Lillis in The Hill.

“F.C.C. Pushes for Web Site on TV Political Ad Spending” by Brian Stelter in The New York Times.

“Limits on Lobbyists as Hosts? Simply Unworkable, They Say” by Robert Pear in The New York Times.

“FEC Ruling Leaves Ad Uncertainty” by Eliza Newlin Carney in Roll Call.

Arkansas: “Campaign Finance Reform in Arkansas Enters a New Phase” by KARK 4 News.

Maryland: “Lobbyist scores a ‘scoop’ of sorts” by Michael Dresser in The Baltimore Sun.

National:

Boycotts Hitting Group behind ‘Stand Your Ground’

GE, J&J among Firms to Give More Lobbying Detail

Federal:

As Women’s Issues Become More Prominent, Men Dominate Super PAC Funders

Campaign Donor Advertising Rule Invalidated by U.S. Judge

GAO: Lobbyist disclosure compliance ‘similar’ compared to prior years

From the States and Municipalities:

Arizona

Rep. Patterson to Keep Seat amid Ethics Inquiry

California

Campaign Treasurer Kinde Durkee Admits $7-Million Theft

California

Figure in Coliseum Corruption Case Is in ‘Jungles of Brazil’

Georgia

Lawmaker Returns $800 after Expenses Questioned

Illinois

Blagojevich’s Chief of Staff Gets 10 Days in Prison

Massachusetts

Timothy Cahill Indicted in Corruption Case

Mississippi

Political Stress Erupts at Capitol

New Jersey

Some of Christie’s Biggest Bills Match Model Legislation from D.C. Group Called ALEC

New York

State Ethics Board Won’t Disclose Record of Hiring Cuomo Aide

Wisconsin

Recall Elections Ordered for Walker, Kleefisch, 4 GOP Senators

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.

We are the leading authority and exclusive information source on legislation and regulations surrounding campaign finance and political contributions; state, federal, and municipal lobbying; and procurement lobbying.

Contact us to learn how conveniently our services will allow you to say “I Comply” for your compliance activities.

Be sure to visit stateandfed.com and if you have any questions, you can contact us at 330-761-9960, or info@stateandfed.com.

The 2010 ethics law increased disclosure requirements for lobbyists, banned campaign committee-to-campaign committee transfers, and gave greater investigative powers to the Missouri Ethics Commission. The court affirmed a circuit court decision holding all provisions of Senate Bill 844, except those relating to procurement, to be in violation of article III, section 21 of the Missouri Constitution, which prohibits changes in the original purpose of a bill. Senate Bill 844 violated this provision by being introduced as an act relating to contracts for purchasing but being passed as an act relating to ethical administration.

Reaction to the decision has been swift and urgent. On January 14, 2012, the same day the opinion was released, the Missouri Ethics Commission stated in a press release that the court’s decision “deals a blow to the Commission’s ability to enforce and administer the law.” Several lawmakers and Governor Jay Nixon quickly called for bills to reinstate the voided provisions. Representative Jason Kander sponsored a bill (House Bill 1756) filed the day after the decision that would reinstate the voided provisions.

Prior to the decision, Kander also sponsored a bill (House Bill 1080) that would go beyond Senate Bill 844 to prohibit gifts from lobbyists and limit campaign contributions. Senate Bills 546 and 825 propose contribution limits. Senate Bill 826, filed by Senator Crowell, would reenact the voided provisions of Senate Bill 844. Currently, Missouri does not have any campaign contribution limits and is the only state to allow lawmakers to receive both unlimited campaign contributions and unlimited gifts from registered lobbyists.

Not all of Missouri’s lawmakers are ready for change. House Majority Leader Tim Jones believes an ethics bill would have a better chance after this year’s elections. Jones notes that both Kander and the governor are proposing limits that will go into effect after their own campaigns benefit from the status quo.  To date, no new ethics bill has been passed in Missouri, by any name.

Image of the Seal of the Missouri Senate by Tom Lemmens on Wikipedia.

Q.  I am a registered lobbyist who would like to attend a charitable golf tournament.  Are there specific restrictions or requirements for this type of event?

A. Mere attendance at a charitable golf tournament or similar event is not typically restricted.

However, this activity may be prohibited or subject to disclosure requirements depending on the circumstances.

Being a registered lobbyist does not hinder your ability to donate independently to a 501(c)(3) organization.  However, in some instances, your attendance may be requested because the event is associated with a public official.  If an official asks you to attend or sponsor the charitable event, this may be considered making a contribution “at the behest of” the official, depending on the laws in your jurisdiction.

If a charitable contribution is made “at the behest of” a public official, there are two considerations: permissibility and disclosure.  First, is the charitable contribution permissible?  A jurisdiction may consider the charitable contribution to be a gift to the public official who requested it.  For example, Massachusetts considers a charitable contribution in this scenario to be a prohibited gift.  Even if the charitable contribution is a permissible gift, there may be a limit as to how much a lobbyist may donate.

Second, if a lobbyist may make the charitable contribution, is it disclosed on a lobbying report?  In Illinois, these charitable contributions are not reportable on a lobbying report.  In California, the official who made the request of the lobbyist must disclose the charitable contribution.  However, this type of expenditure is reportable on a lobbying report in Connecticut.

If you are a registered lobbyist, check with the applicable state regulatory agency before making a charitable contribution “at the behest of” an official.

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.

There still might be a few of you out there who remember before BCRA and HLOGA, when we only needed to submit a quarter of a page card as our federal lobbying report. Those were the days, my friend!

These days you need to clear your schedule so you can:

1. Compile and track activity in accordance with your organization’s needs;
2. Conduct extensive outreach and follow up to capture applicable expenses/costs;
3. Obtain salaries of all employees engaged in lobbying activities—whether registered or not;
4. Respond to questions about reporting requirements;
5. Provide definitions for determining applicability;
6. Institute tracking mechanisms for Issues and Agency contacts;
7. Coordinate with outside consultants to ensure accurate reporting;
8. Coordinate LD-203 filing process;
9. Prepare documentation in case of an audit; and
10. File the report.

What??? You are not doing this? You are guesstimating! Tell me that is not the case.

If you are in DC you have probably seen me with Rebecca South, Federal Compliance Associate. She has created an amazing program to help the top Fortune 500 companies insure timely and accurate compliance for the LD-2 and LD-203 reports. If we can help alleviate your quarterly headaches, please feel free to contact her at rsouth@stateandfed.com.

Until next month, remember the LD-2 isn’t the only report due in April. According to our Key Dates chart, there are 112 lobbying/employer reports due in this country’s states, counties, and cities.

A bill requiring lobbyists to disclose all legislation they are trying to influence will be introduced into the Delaware Senate, possibly as soon as this week.

Senate Bill 185, as proposed by Senator Anthony J. DeLuca and endorsed by Governor Jack Markell and members of both parties of the General Assembly, mandates lobbyists report to the Public Integrity Commission the identity, by number, of each bill, resolution, or regulation for which the lobbyist has tried to promote, advocate, influence, or oppose. Disclosure of the name of the employer on whose behalf such direct communication occurred is also required.

Additionally, lobbying relating to any subject contained within any budget appropriation bill or bond and capital improvement bill must also include identification of the specific subject of the direct communication. Reports will be due within five business day after the date the first direct communication with a relevant public official regarding bills, resolutions, and regulations takes place. The bill provides for electronic filing of registration and reporting with the Public Integrity Commission.

The Commission will make the reports available online in a manner which can be easily reviewed by bill, resolution, regulation, lobbyist, or employer.

Federal: “Trade group CEOs enjoy hefty pay raises in a sluggish economy” by William McQuillen and Danielle Ivory in The Washington Post.

Federal: “GAO: Lobbyist disclosure compliance ‘similar’ compared to prior years” by Rachel Leven in The Hill.

Federal: “Calif. biotech firms spend $40 million on lobbying in 3 years” by Bernice Yeung on CaliforniaWatch.org.

Federal: “Tech companies new lobbying force in DC” by Garrett Sloane in the New York Post.

New Jersey: “Some of Christie’s biggest bills match model legislation from D.C. group called ALEC” by Salvador Rizzo in the Star-Ledger.

Utah: “Rolly: Lobbyist and legislator in one? Could happen” by Paul Rolly in the Salt Lake Tribune.

Federal:

Democratic Rep. Bobby Rush Escorted from House Floor for Wearing Hoodie in Honor of Trayvon Martin

Payday Lender Political Donors Hidden in Corporate Names

Super PACs Rival Chamber

From the States and Municipalities:

Arizona

After Bowl Scandal, Many Arizona Legislators Still Want Tickets to Baseball Opener

California

Medco Settles California Pension Fund Kickback Case

Delaware

Lobbying Disclosure Bill Shines Critical Sunlight on Lawmaking Process

District of Columbia

D.C. Ethics Law Overhaul Hampered by Hiring Difficulties, Enforcement Duties

Georgia

‘Revolving-Door’ Powers Politics

Hawaii

Judge Confirms Hawaii Can’t Limit Independent Expenditures

Illinois

Employee Gift Ban Recommendation Still Has Few Takers

Iowa

Iowa’s Lobbying Free-for-All

New Mexico

Salinas Seeks High Court Aid

New York

Lobbyists Reaping $220 Million Bonanza

Utah

How Utah’s Capitol Marches to a Mormon Beat

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.

A complaint filed with the Wisconsin Government Accountability Board (GAB) is asking for an investigation of whether scholarships provided to legislators by the American Legislative Exchange Council (ALEC) violate state ethics and lobbying laws.

Additionally, the complainant, the Center for Media and Democracy (CMD), requests an examination of whether legislators are receiving impermissible gifts while attending ALEC conferences.

In its press release, the CMD argues that while Wisconsin prohibits legislators from accepting anything of value from lobbyists or corporations that employ lobbyists, the scholarships paying for legislators’ travel to ALEC conferences are funded entirely by corporations, many of which employ lobbyists in the state.

The CMD specifically asks the board to consider

• Whether ALEC scholarships violate W.S. sections 13.625 and 19.45;

• Whether the scholarships fall under an exception in W.S. section 19.56;

• Whether legislators are appropriately disclosing the scholarships;

• Whether the scholarship fund is being used for more than reimbursement; and

• Whether legislators attending ALEC conferences are receiving other impermissible gifts such as tickets to sporting events or free food and drinks.

Exhibits attached to the complaint can be found here.

The Kentucky Senate unanimously approved House Bill 300 on Monday. The bill requires “placement agents” to register as lobbyists and follow state ethics laws. Placement agents are individuals or firms who are compensated for the purpose of influencing an executive agency decision regarding the investment of Kentucky Retirement Systems or the Kentucky Teachers’ Retirement Systems assets.

The bill is a response to concerns raised by last year’s audit of the state pension system. Now the bill returns to the House following technical changes made by the Senate.