February 3, 2012 •
U.S. Lobbyist Disclosure Act Could Expand
Senate Bill
Yesterday, the U.S. Senate passed a bill which expands the Lobbyist Disclosure Act to include those conducting political intelligence activities.
Senate Bill 2038, the Stop Trading on Congressional Knowledge (STOCK) Act, defines the term ‘political intelligence activities’ to mean “political intelligence contacts and efforts in support of such contacts, including preparation and planning activities, research, and other background work that is intended, at the time it is performed, for use in contacts, and coordination with such contacts and efforts of others.”
‘Political intelligence contact’ is defined to mean oral, written, and electronic communication to covered executive and legislative branch officials intended for use in analyzing securities or commodities markets, or in informing investment decisions.
The lobbyist registration and disclosure requirements would be required by both political intelligence consultants and political intelligence firms, also defined in the bill.
The U.S. House version of the bill, House Resolution 1148, also called the STOCK Act, contains similar requirements.
January 31, 2012 •
Tennessee Bill Broadens Lobbyist Entertainment Exception
Bill Introduced to General Assembly
Representative Philip Johnson has introduced House Bill 3025, which would allow employers of lobbyists to host receptions for standing committees in either chamber of the general assembly.
Tennessee law prohibits lobbyist employers from holding receptions, unless all state legislators are invited.
The current prohibition was part of ethics reforms enacted after the Tennessee waltz scandal.
Photo of the Tennessee House Chamber by Ichabod on Wikipedia.
January 31, 2012 •
Ask the Experts – Calculating LDA Expenditures
Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.
Q: Can I change the method by which I am calculating my lobbying expenditures for purposes of filing my Federal LD-2 reports?
A: Yes, at the appropriate time. Under the LDA, registrants have the option of electing the compilation method for quarterly expenditures – that is, whether they use the LDA definitions or the IRC definitions for lobbying. A change in that method election can only take place, however, in the first quarter of each new year. Once a report has been filed using one method then all subsequent reports for that reporting year must employ the same method. That being the case, this is a very good time to consider whether it makes sense to change. There are advantages and disadvantages to each method and the decision to change your method should be made after careful consideration. Here are just a few important differences to keep in mind when considering a new method election for 2012:
- The IRC method allows an organization to employ only one tracking system for both tax and LDA purposes;
- The IRC method provides a greatly narrowed definition of communications with executive branch officials;
- Under the LDA method, neither grassroots nor state and local lobbying expenditures are included.
If you think it may make sense to consider a change in your calculating method, please let us know and we’d be happy to assist in a more thorough analysis.
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.
January 30, 2012 •
News You Can Use Digest – January 30, 2012
Here are highlights from the latest edition of News You Can Use:
National:
Study Finds Compliance Officers Are Highly Stressed
Federal:
Ex-Gingrich Adviser Now Trying to Close Lobbying Loopholes
Gabrielle Giffords Bids an Emotional Farewell to Congress
From the States and Municipalities:
California
Campaign Donation Limits Lifted
Georgia
Ethics Bill Gets Cool Reception in Georgia House
Hawaii
Think Hawaii’s Tough on Ethics? Try Iowa
Massachusetts
Scott Brown, Elizabeth Warren Pledge to Curb Outside Campaign Spending
New Mexico
Protesters Scuffle with [Lawmakers]
Ohio
Cleveland Television Station Covering High-Profile Ohio Bribery Trial with On-Air Puppet Help
Ohio
Lobbyists Sponsor Party for Kasich
Oklahoma
Ethics Proposal Would Allow Lobbyists to Skirt Spending Limit, Buy Meals for Oklahoma Lawmakers
Pennsylvania
Limits Raised on Philly Campaign Contributions
Utah
Gym Fees? Utah Politicians Find Loophole in Ethics Law
Washington
Appeals Court: Top 2 Primary OK, but not recall contribution limits
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.
January 27, 2012 •
Bill Proposes Lobbyist Statute Alterations in Vermont
Lobbyist Registration and Reporting Would be Affected
Senator Jeanette K. White has introduced Senate Bill 150, a bill concerning lobbyist registration and reporting. The bill proposes the removal of the ability to register within 48 hours of beginning to lobby and would require all lobbyists to register prior to lobbying, employers to register prior to engaging a lobbyist, and lobbying firms to file their lobbyist listings prior to the lobbyists commencing lobbying activities.
The bill also requires lobbying firms to update their listing of lobbyists before any new lobbyist commences lobbying activities and within 48 hours of a lobbyist’s termination. Finally, the threshold on reportable gifts to legislators would be decreased from $15 to $10.
If passed in present form, the changes would take effect July 1, 2012.
January 26, 2012 •
Thursday News Roundup
Lobbying after the State of the Union Address, more news about Super PACs, and lobbying spending was down in 2011:
“Days After SOTU Are Full of Lobbyist Feedback” by Kate Ackley in Roll Call.
“Super PACs’ money could tip balance of power in Congress” by Martina Stewart in CNN Politics.
“Lobbying dips sharply in 2011” by Dan Eggen in the Washington Post.
“Lobbying spending falls for first time since 1999” by Kevin Bogardus in The Hill.
January 26, 2012 •
Alaska Online Lobbyist Filing System Will Be Offline for an Hour
Insight should be back online this afternoon.
The online filing system, Insight, will be offline today, January 26, from 11:00 a.m. – 12:00 p.m. (EST). Filers who attempt to access the system during this time risk losing data.
A separate notice will be sent by the Alaska Public Offices Commission if the fix takes longer than proposed.
Questions can be addressed to Joan Mize at (907) 465-4865.
January 25, 2012 •
Today’s News Snapshot: SOTU, Gingrich, Super PACs, and more
The day after the State of the Union Address brings a flurry of activity in campaign finance and lobbying news.
Campaign Finance
“Obama says Congress should stop campaign bundling by lobbyists” by Kevin Bogardus on The Hill.
“Super PACs set sights on 2012 congressional races” by Fredreka Schouten in USAToday.
“Super PACs drive a near-doubling in federal election spending” by Jim Galloway in The Atlanta Journal-Constitution.
“Wis. governor fights recall with out-of-state cash” by The Associated Press on CBS Money Watch.
Lobbying
“Gingrich says $1.65M contract wasn’t for lobbying” by The Associated Press.
“Ex-Gingrich Adviser Now Trying to Close Lobbying Loopholes” by Eliza Newlin Carney and Kate Ackley on Roll Call.
“Ethics bill gets cool reception in Ga. House” by Chris Joyner and Christopher Quinn in The Atlanta Journal-Constitution.
“Clerk reports on lobbyist activity in Cook County” by The Associated Press in the St. Louis Post-Dispatch.
January 24, 2012 •
San Francisco Now Has Searchable Lobbyist Database
Started on January 19, 2012.
Lobbyist disclosure statements are now accessible by the public on the San Francisco Ethics Commission website. You can search lobbyists, lobbyist clients, lobbying firms, reported public officials, and lobbying subjects of concern.
According to the site:
This site contains information about lobbying activities for all lobbyist who are registered with the Commission. The Commission requires these lobbyists to submit monthly statements of their lobbying activities including: Activity Expenses, Political Contributions, Contacts of Public Officials, and Payments Promised by Clients.
The Ethics Commission is also offering an API (Application Programming Interface) for programmers to take the raw data from lobbyist reports and create mashups and aggregate reports of their own.
For news coverage, read “San Francisco Publishes New Tool To Interpret Local Lobbying Information” by Sarah Lai Stirland on techPresident.
January 23, 2012 •
Delaware Governor Announces Creation of New Database
Database to Link Lobbyists to Legislation
Governor Jack Markell has announced plans to create an online database which will link registered lobbyists to the specific pieces of legislation they are lobbying for or against.
Photo of Gov. Markell by Stilltim on Wikipedia.
January 23, 2012 •
New Mexico’s Governor Calls for Revolving Door Restrictions
Proposed two-year ban on lobbying for former lawmakers
Governor Susana Martinez has endorsed legislative efforts to impose a two-year ban on lobbying for lawmakers. The forthcoming bill may also include civil or criminal penalties if legislators took lobbying jobs sooner than prescribed. All appointees of Governor Martinez have agreed to two-year bans on becoming lobbyists after leaving the position, but she wants formal legislation to hold state lawmakers to the same standard.
State Senator Dede Feldman has proposed Senate Bill 103, which would bar former legislators from lobbying for a shorter one-year period after leaving office. Currently, New Mexico’s lawmakers can quit their office and immediately begin lobbying, just as former state senator Kent Cravens did in September.
Photo of Governor Susana Martinez courtesy of the New Mexico State Government.
January 23, 2012 •
A Look at Lobbying in 2011
As the lobbying reports are analyzed from 2011, news articles have been appearing in the last few days talking about what kind of year it was for the lobbying industry. Here are a few significant contributions:
“On K Street, 2011 was year to forget” by Kevin Bogardus and Rachel Leven in The Hill.
“K Street’s boom goes bust” by Anna Palmer on Politico.
“K Street’s Largest Firms Saw Some Dips in 2011 Business” by Kate Ackley in Roll Call.
“Many lobbying firms saw dropoff in revenue in 2011” by Catherine Ho in the Washington Post.
“Lobbying outlays bounce back in 4th quarter” by Dave Levinthal on Politico.
“Chamber cuts lobbying spending in half for 2011” by Kevin Bogardus in The Hill.
“Chamber’s lobbying spend fell sharply in 2011” by David Ingram on Reuters.
In the States:
“Lobbyists’ largesse at Capitol: $87,248” by Chris Joyner in the Atlanta Journal-Constitution. (This article discusses spending in the first two weeks of 2012.)
“Business lobby outspends all others, nears all-time record” by Adam Sichko in the Albany Business Review.
“Top 35 Biggest Spenders on Smith Hill” by Dan McGowan on GoLocalProv.com.
January 23, 2012 •
News You Can Use Digest – January 23, 2012
Here are highlights from the latest edition of News You Can Use:
Federal:
Big Spending on Presidential Candidates Can Have Little Effect
Google Protest of Anti-Piracy Bills Upends Traditional Lobbying
New Super PAC Breed Pushed by Group
From the States and Municipalities:
California
Business Interests Add to Speaker’s Rubber Duck Flock
Connecticut
SEEC Postpones Action on Giuliano Appointment
District of Columbia
Ballot Initiative Would Ban Corporate Donations in D.C. Political Campaigns
Indiana
Indiana Proposal Would Ban Anthem Embellishments
Maryland
City Council President Says He’ll Pay Back Ray Lewis for Tickets to Private Skybox
Massachusetts
Massachusetts Niche Political Groups Aim for Clout
Montana
Commission Office Often the Center of Controversy
Ohio
Lawmakers Can’t Be in Lobbyists’ Ads, Panel Says
Oklahoma
No Action Taken on Oklahoma’s Campaign Disclosure Laws
Wisconsin
Governor Who Took On Unions May Face a Closely Watched Recall Election
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.
January 20, 2012 •
Campaign Finance and Lobbying News
From Politico and Roll Call: The Occupy movement targets the Supreme Court in honor of the second anniversary of Citizens United v. Federal Election Commission, intense lobbying for a mention in the State of the Union Address, and K Street warms up to Romney with Perry’s departure.
“’Occupy Courts’ to hit Citizens United” by MJ Lee on Politico.
“Lobbying for just a nod, a mention” by Abby Phillip on Politico.
“Perry’s K Street Allies Jump to Romney, Not Gingrich” by Eliza Newlin Carney and Kate Ackley on Roll Call.
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.
