The Ohio Joint Legislative Ethics Committee has released Advisory Opinion 2012-001, which prohibits members and employees of the Ohio General Assembly from using their office or employment status in order to promote a registered lobbyist. In its first advisory opinion to be released since 2009, the Committee pointed to Ohio Revised Code section 102.03(D), which prohibits a public official or employee from using his or her status acquired by such position in order to secure anything of value.

The Committee opined that the use of the member or employee in his or her official capacity as Senator, Representative, or legislative staffer in an advertisement or other promotional item would result in a value to the lobbyist, thus resulting in the prohibition. Additionally, the Committee cautioned against allowing such a promotion in merely a personal capacity in order to avoid the appearance of impropriety despite no specific prohibition existing.

The opinion, which was requested by an Ohio registered lobbyist, was deemed necessary after things such as requests for quotes on websites or letters of recommendation to be sent to potential clients had been made of members and employees of the Ohio General Assembly by registered lobbyists.

Lobbying

“K Street headhunters enamored with upcoming class of retiring lawmakers” by Kevin Bogardus in The Hill.

“Lobbyists get face time with House GOP at retreat” by Jake Sherman and Anna Palmer on Politico.

Procurement

“Cuomo Limits State Money for Salaries of Contractors” by John  Eligon in The New York Times.

Government 2.0

“State Legislatures’ Mobile Websites” on the NCSL website.

“Google Protest of Anti-Piracy Bills Upends Traditional Lobbying” by Eric Engleman in Bloomberg News.

“One early winner in SOPA protest: Wikipedia” by Charles Cooper on CBS News.

“Silicon Valley learns fast in game of lobbying” by April Dembosky in Financial Times.

Arizona Senator David Schapira has introduced a bill removing the lobbyists gift exception for entertainment and for some athletic events.

The Democratic Minority leader’s bill, SB 1068, amends the current law by removing the exception for expenditures of entertainment and athletic events provided to officials by lobbyists.

Sporting events would still be a permitted expenditure if the event is sponsored by a school district governing board, a community college district governing board, or any institution under the jurisdiction of the Arizona board of regents.

Photo of Arizona Senator David Schapira by DShippy on Wikipedia.

Senate Bill 244 proposes adding the Congressional Sportsmen’s Foundation, the National Assembly of Sportsmen’s Caucuses and the State Agriculture and Rural Leaders Association to a statutory list of lobbyist exemptions. If the bill passes, the groups will be exempt from the gift disclosures and paid travel bans imposed on lobbyists, regardless of whether lobbying occurs at their events. This is the latest attempt at carving out exceptions to the 2010 ethics reform bill which banned lobbyist-funded, out-of-state travel for legislators.

Although lobbyists cannot directly pay for a state legislator’s trip, by simply paying for membership in an exempt group like the American Legislative Exchange Council, the lobbyists gain access to legislators. Giving a group an exemption allows legislators to travel to the group’s conferences and hunting trips, at the group’s expense, without violating the lobbying rules or having to disclose the trips.

Exempt groups claim to be established for the education and support of legislators.

Photo of the Indiana State Senate Chamber by Charles Edward on Wikipedia.

Federal:

Democratic National Convention Rules Set off K St. Scramble

GOP Uses Citizens United to Challenge Corporate Donation Ban

What Donors? Super PACs Buy Time to Keep Secret the Names of Donors Ahead of GOP Primaries

From the States and Municipalities:

Arizona

State Sen. Scott Bundgaard Resigns from Legislature

California

Assemblywoman Mary Hayashi’s Shoplifting Incident Raises Medical Questions

Georgia

Wild Hog: Lobbyists’ trough?

Idaho

Idaho Leaders Ready to Strengthen Ethics Laws

Illinois

Lobbying Disclosure Rules Spotty

Massachusetts

Ex-Avon Worker’s Revenge Attempt Brings $5,000 Fine

Mississippi

Mississippi Court Halts Quick Release of Some Pardoned

Montana

SCOTUS Expected to Weigh Montana Campaign Finance Appeal

New Jersey

Bill to Prohibit Political Fundraising at Government Facilities Wins Legislature’s Approval

New Mexico

Judge Puts Parts of Contribution-Limits Law on Hold

North Carolina

Judge Clears Former Lobbyist

Oregon

Campaign Finance Regulations Go Before High Court

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The Georgia Alliance for Ethics Reform, which includes members of Common Cause and Georgia Tea Party Patriots, is pushing for gift limits that would cap lobbyist spending on lawmakers at $100 in the hopes of curbing lobbyist influence of elected officials. The group’s reforms would also ban public officials and their family members from serving on the state ethics board or holding government contracts.

State Representative Tommy Smith says he is willing to sponsor the bill this session and is looking for other lawmakers to join him.

However, House Speaker David Ralston downplayed the need for more ethics legislation. Speaker Ralston believes the existing reporting requirements sufficiently limit lobbyist influence by keeping the public informed.

Photo of the Georgia State Capitol dome by connor.carey on Wikipedia.

Lobbying:

“Group pushes ethics reform in hopes of curbing lobbyist influence at Georgia Legislature” by Errin Haines (Associated Press) in The Republic.

Campaign Finance:

“Late Night: Stephen Colbert drops ‘super PAC’ to run for president” by Meredith Blake in the Los Angeles Times. (with a wink…)

“Super PACs are making their rich presence felt in 2012 campaigns” David Goldstein in the Sacramento Bee.

“Summary of Kansas Senate Campaign Finance Reports” in the Missouri News Horizon.

“The 20 Largest Campaign Donors in Rhode Island” by Dan McGowan on golocalProv.com.

“No action taken on Oklahoma’s campaign disclosure laws” by Michael McNutt in the Daily Oklahoman.

Ethics:

“John Edwards trial: Lawyers request for delay will be considered by judge” by The Associated Press on Politico.

“Prison for ex-Rep. Siljander: He aided terrorist-linked charity” by Matt Pearce in the Los Angeles Times.

Electronic filing for lobbyist reports will be available beginning with the report due February 15, 2012 covering the month of January 2012.

You can read the press release from the Office of the Secretary of State here.

The Washington House of Representatives, Committee on State Government and Tribal Affairs, has scheduled a public hearing for January 11, 2012 and a possible executive session for January 12, 2012 to discuss House Bill 1474 which would make electronic filing of lobbying reports mandatory.

It would also create new fees associated with electronic filings by lobbyists, lobbyist employers, and PACs.

If passed by both chambers and signed by the governor, changes will be effective July 1, 2012.

Photo of the Washington House of Representatives Chamber by Cacophony on Wikipedia.

NORTH CAROLINA: Wake County Superior Court Judge Paul Ridgeway has cleared former lobbyist Don Beason of misconduct, finding parts of North Carolina’s lobbying reform law are ambiguous as applied and the secretary of state overreached in fining Beason.

The court held that Beason does not have to pay the $30,000 fine imposed on him. Secretary of State Elaine Marshall fined Beason a record-setting $111,000 in 2010, an amount that was later reduced, for failing to make required disclosures about companies he was representing.

Judge Ridgeway stated North Carolina law defines a lobbyist as someone who communicates directly with legislators or their employees, but there was no evidence Beason directly contacted anyone on behalf of the companies he represented. Additionally, because the law gave the state ethics commission the authority to interpret the act and the secretary of state the power to administer it, Marshall overstepped her authority in interpreting the act and fining Beason.

The Illinois Secretary of State has announced that the lobbyist affirmation statement for the period of July 1 to December 31, 2011 has been modified.

The lobbyist affirmation is now due on February 4, 2012.

“Ethics watchdog alleges that Gingrich might have violated lobbying laws” by Rachel Leven in The Hill.

“Super PACs: The WMDs of Campaign Finance” by Ben Heineman, Jr. in The Atlantic.

“Rick Santorum, ‘Stealth Lobbyist’” by Matthew Mosk and Brian Ross on ABCNews.com.

“More women seeking, achieving greater political clout in Wisconsin” by Michael Louis Vinson in the Appleton Post-Crescent.

“SCOTUS expected to weigh Montana campaign finance appeal” by Robin Bravender in Politico.

“State GOP accused of campaign finance violations” by Brad Schrade in the Minneapolis Star Tribune.

Thank you to Political Activity Law blog for bringing this to our attention. As part of its series about lobbying and U.S. politics on Morning Edition, NPR broadcast a story about how a study calculated what money corporations saved through a tax break from the American Jobs Creation Act versus what they spent lobbying on the legislation.

You can listen to the podcast and read the summary of the story at “Forget Stocks or Bonds, Invest in a Lobbyist” by Alex Blumberg on NPR. Here is the link to the previous podcast “Inside Washington’s Money Machine” from November 1, 2011.

Here is the original study conducted by Raquel Alexander, Stephen Mazza, and Susan Scholz.