We now provide information on lobbying, political contributions, and procurement lobbying for:

Hampton, Virginia

Hollywood, Florida

Q. Are there prohibitions on registered lobbyists hand-delivering a political contribution check [personal, corporate, or PAC] to a candidate at the candidate’s fundraiser?

A. Forty-six states do not regulate the personal delivery of campaign contributions by contributions.  Of course, this assumes all other things being legal, such as session bans, a ban on corporate contributions, a ban on personal contributions by lobbyists, or personally delivering contributions while at the state capitol.

Alaska law provides that lobbyists may not host a fundraising event, directly or indirectly collect contributions, deliver contributions to a candidate, or participate in fund-raising activities.

Kentucky law prohibits a legislative agent from exercising control over a campaign contribution from a PAC and directing it to a specific state legislator, candidate, or committee.  This prohibition includes hand-delivering a contribution.

In Maryland, a lobbyist may not, for the benefit of the governor, lieutenant governor, attorney general, or comptroller, member of the general assembly, or candidate for election to these offices solicit or transmit a political contribution from any person or political committee.

South Carolina has very strict rules governing a lobbyist’s involvement when it comes to political contributions.  Not only are lobbyists prohibited from making personal political contributions —  even as a constituent — they are prohibited from hand-delivering a corporate or PAC check to a candidate at the candidate’s fundraiser.

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.

We now provide information on lobbying, political contributions, and procurement lobbying for:

Elizabeth, New Jersey

Eugene, Oregon

Lakewood, Colorado

On July 28, 2011 the Chicago City Council passed a new ethics reform ordinance. The ordinance is part of Mayor Rahm Emanuel’s efforts to provide more government transparency.

The new ordinance includes five key provisions. First, it creates a searchable online system for lobbyist registration and reporting. Second, it adds the term “lobbyist” to the group of people subject to the $50 gift restriction per single non-cash gift and $100 aggregated gift limit per each calendar year. Third, the new ordinance prohibits city employees, officials, or their businesses from applying for or receiving loans from lobbyists.

Fourth, the ordinance amends the semi-annual lobbyist activity report form to require lobbyists to disclose all campaign contributions to city elected officials and city employees running for office. Lastly, the ordinance codifies the revolving door provision created by Mayor Emanuel’s May 16, 2011 executive order.

Photo of the Chicago River by Robert S. Donovan on Wikipedia.

Federal:

Edwards Campaign Owes $2 Million

Pakistan’s Military Plotted to Tilt U.S. Policy, FBI Says

Washington’s Long Debt-Ceiling Debate Hits K Street in the Wallet

From the States and Municipalities:

Alabama

Country Stars Push Senator to Vote

California

Jerry Brown Assumes Uncommon Influence over FPPC

Georgia

Ethics Panelists Gave to Campaigns

Hawaii

Hawaii Ethics Director: Lawmakers ‘Pushed’ the Line on Gifts

Maine

Judge Strikes Down Maine’s Matching Funds Law

Massachusetts

Massachusetts House Democrats Block Debate on Republicans’ Ethics Rules Changes

North Carolina

North Carolina Election Will Go On, Even if No One Is Running

Pennsylvania

Chairman: Ethics board ‘being strangled’ by budget cuts

Pennsylvania

Philadelphia Official Fired for Accepting Meals, Gifts from City Contractors

Tennessee

Tennessee GOP Finds Loophole in Campaign Law

Washington

Judge Blocks Washington Limit on Recall Contributions

West Virginia

Some W.Va. Election Ad Rules Again Struck Down

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.

Jim Sedor is editor of News You Can Use.

We now provide information on lobbying, political contributions, and procurement lobbying for Miami, Florida; Pembroke Pines, Florida; and Vancouver, Washington on our website.

The image of North America by Bosonic dressing on Wikipedia.

New ethics regulations have been introduced by the Laurel, Maryland City Council, including provisions related to lobbyists.

Observing Maryland’s state ethics regulations for municipalities, the introduced ordinance requires lobbyists to file reports twice a year for each entity they represent. Lobbyists failing to file timely reports could be assessed a late fee of $10 per day up to a maximum of $250. Further enforcement of violations by lobbyists could include additional fines up to $5,000 per offense and suspension of lobbyist registration.

The bill also includes financial reporting requirements for public officials, hiring practices regulations, and rules regarding conflicts of interest.

Map of Maryland by Arkyan on Wikipedia.

The city attorney for Boynton Beach, Jim Cherof, has proposed ceasing enforcement of the city’s lobbying ordinance and turning over enforcement to the Palm Beach County Commission on Ethics. The lobbying ordinance, in effect since 2007, has come under fire recently due to a perceived vagueness in the law.

This past May, the city levied the first fines ever under the ordinance and has also taken steps to open an investigation against former city commissioner David Katz, all concerning failure to register as a lobbyist. Each fine is being appealed and Katz maintains he was never required to register under the law because he was performing consulting work and not lobbying.

Federal:

IRS Drops Audits of Political Donors

New Breed of ‘Super PACs,’ Other Independent Groups Could Define 2012 Campaign

From the States and Municipalities:

Alabama

Alabama Democratic Conference Files Lawsuit to Stop New Alabama Law Banning Political Fund Transfers

Arizona

Arizona Conservatives Scramble after Campaign Finance Law’s Defeat

California

Marijuana Lobbyist’s Fundraiser for DA Raises Questions

Veil Drawn on Donors to Latino Caucus-Controlled California Nonprofit

Connecticut

Agent Who Arrested Politicians Now Seeks House Seat

Georgia

Lobby Late Fees Add Up

Illinois

Mayor Rahm Emanuel Proposing New Round of Ethics Reforms

Iowa

Judge Upholds New Iowa Campaign Disclosure Rules

Massachusetts

House Leader Apologizes for Holocaust Remarks

Michigan

Justices Stop Political Gifts Taken at Work

Minnesota

Campaign Board Rejects NOM’s Efforts to Shield Donors in Marriage Battle

Pennsylvania

Lobbying Law on Hold

South Carolina

Lt. Gov. Ard Paying $48,000 Fine

Washington

Ex-Prisons Chief Eldon Vail Says He Resigned Because of an Affair with Subordinate

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.

Jim Sedor is editor of News You Can Use.

By Labor Day, our clients will find 36 additional municipalities included on our website. As they are completed, we will update our postings so you can check out the additional resources.

Right now, we have provided information on lobbying, political contributions, and procurement lobbying for Alexandria, Virginia (my former home) and Tacoma, Washington.

In the future look for additional cities in New York, Arizona, and Michigan.

On Wednesday July 6, 2011, Mayor Rahm Emanuel will introduce a new ethics ordinance containing “the most comprehensive lobbyist disclosure database in the nation.”

Key components of the proposed ordinance include the creation of a searchable real-time database, a $50 gift limit per single non-cash gift given by a lobbyist, a $100 aggregate gift limit per calendar year on gifts from lobbyists, a prohibition on city employees, officials, or their businesses receiving loans from lobbyists, an amendment to the semi-annual lobbyist report form requiring lobbyists to disclose campaign contributions, and a codification of an executive order issued by Mayor Emanuel in May which bars employees from lobbying the city after leaving city employment.

Q. I am a lobbyist but am not registered in a jurisdiction because I mainly use outside counsel and do not meet the registration threshold. Should I be concerned with any reporting requirements or other restrictions?

A. Yes, you need to be familiar with the jurisdiction’s reporting requirements. Even if you do not surpass a registration threshold, your activities may require disclosure. In Pennsylvania, a principal/company is required to report pro-rata compensation and expenses paid to non-lobbyists if they engage in lobbying activities, yet remain under the $2,500 per quarter registration threshold. Though you never engage in direct lobbying, preparation, or strategic planning with your lobbying firm, it may be reportable.

Verify the reporting of political contributions in your jurisdiction. If you are not a registered lobbyist, you may still have responsibility for directing how political contributions are distributed. Vermont, for example, requires political contributions to be disclosed on an employer’s report.

Finally, be aware of gift restrictions. You may believe it is permissible to take a public official to lunch or for a cup of coffee because you are not registered in the jurisdiction. In Massachusetts, a person not registered as a lobbyist may only provide gifts valued at less than $50 to a state, county, or municipal employee. If your company is registered as a lobbyist employer in the jurisdiction, gift restrictions may be applicable to all employees. Michigan only allows a lobbyist employer to provide gifts in a month which are valued at $55 or less. Expenditures which are reimbursed are attributable to the company in all instances. Whether these expenses require reporting will vary.

 

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.

Providence, Rhode Island will not have its online portal set up for lobbyist registrations by July 1, the date the new city local lobbying ordinance takes effect. However, the City Clerk will accept e-mail registrations containing the name, address, telephone number, e-mail address, and lobbyist’s employer’s identification.

No registration fee will be due or accepted until the online portal becomes available. After the online portal becomes available, the City Clerk will contact individuals to complete the registration process.

The registration information can be e-mailed to astetson@providenceri.com.

A new bill introduced into Congress redefines lobbyist and increases lobbyist reporting requirements.

Representative Mike Quigley has introduced the Lobbying Disclosure Enhancement Act, which changes the definition of lobbyist by removing the exception of individuals whose lobbying activities account for less than 20 percent of the time engaged in lobbying over a three month period.

Lobbyists would be required to register online within five days of employment, as opposed to the current 45 day requirement. For each lobbying activity which engaged an official, a lobbyist would be required to report the date of the contact, the specific issue discussed, and identify those covered executive branch officials or Members of Congress contacted about the issue. If lobbying an employee of a Member of Congress, the Member’s name would also have to be reported. Political contributions by lobbyists to candidates would have to be reported quarterly instead of semi-annually.

The bill also creates a special unit for enforcing the lobbying disclosure laws called the Lobbying Disclosure Act Enforcement Task Force, whose primary responsibility would be investigating and prosecuting each case referred to the Attorney General.