LobbyComply Blog

The civil penalty for violating revolving door restrictions has increased.

Senate Bill 7014 doubled the maximum fine to $20,000 for former officials who violate the state’s six-year ban on lobbying on matters of policy and procurement.

The bill also makes changes to ethics investigation procedures and to public disclosures allowing public officials who are lawyers to claim clients as a source of income without divulging their names.

Illinois State District 28 Sen. Laura Murphy announced she is working with District 55 Rep. Martin Moylan on an omnibus bill for ethics reform to fight corruption.

The bill will likely incorporate provisions from six existing bills, including recently passed Senate Bill 1639 and House Joint Resolution 93.

Senate Bill 1639 increases disclosure requirements for registered lobbyists.

Meanwhile House Joint Resolution 93 establishes the Joint Commission on Ethics and Lobbying Reform.

The omnibus bill may also incorporate the following provisions:

• • To require members of the General Assembly to be immediately removed from any leadership position if charged with a crime (Senate Bill 2488).
  • To prohibit members of the General Assembly and members of his or her family from engaging in lobbying (Senate Bill 3020).
  • To prohibit members of the General Assembly from engaging in lobbying for two years after leaving office (Senate Bill 3588).
  • To create a uniform statement of economic interest for anyone required to file under the Illinois Governmental Ethics Act (Senate Bill 3318).

On February 3, State Representative Melissa Shusterman introduced a bill amending the revolving door provision.

The bill requires public officials to wait one year after their term of office before lobbying.

House Bill 2263 establishes a lifetime ban for public officials from lobbying the governmental body they were associated with.

The bill also increases the waiting period for former public employees from one to two years.

If passed, this act takes effect in 60 days after enactment.

Washington lawmakers have reintroduced a bill to impose a two year cooling off period to slow a revolving door of state officials and employees becoming lobbyists when they leave state employment.

House Bill 1067 is intended to reduce the perception of lobbyist impropriety.

The House Committee on State Government and Tribal Relations passed the bill out of committee.

The bill needs to pass the Rules Committee before getting a vote of the full House.

The State Government and Tribal Relations Committee passed the legislation during the last session, but the bill stalled.

The legislation would apply to state officers and employees who are employed by the state on or after July 1, 2021.

A companion bill, Senate Bill 5033, is moving through the Senate and passed to the Rules Committee.

On July 24, The New York City Charter Revision Commission released a final draft report on proposed amendments to the city charter.

The commission proposed Ballot Question 3 relating to ethics and governance including extending the post-employment appearance ban for elected officials and senior appointed officials.

Additionally, the question limits political activity and donations by members of Conflicts of Interest Board.

The proposal would increase the prohibition of city elected officials and senior appointed officials from appearing before the agency or branch of government the official served in after leaving service from one year to two years.

The amendment would also prohibit members of the COIB from participating in campaigns for local elected office and reduce the maximum amount members can contribute in each election cycle.

Voters will be presented the proposals on the November 5 general election ballot.

If passed, the proposed post-employment ban would become effective January 1, 2022.

The Kansas Legislature adjourned sine die on May 29.

Lawmakers adjourned earlier in the month to allow the governor time to appoint a candidate to the Kansas Court of Appeals.

On Wednesday, the Senate approved Sarah Warner to fill the vacant seat.

During the 59-day legislative session lawmakers introduced House Bill 2010 and Senate Bill 51.

The bills provide for restrictions on state officers and employees from engaging in lobbying for a specific period after resignation or expiration of employment.

Both bills failed to pass their respective chambers this session and will carryover to 2020.

Gov. Janet Mills recently signed two lobbying bills and one campaign finance bill into law.

Legislative Document 76 bans future lawmakers from any paid lobbying within their first year out of office beginning with the 130th Legislature.

Legislative Document 825 expands the scope of harassment prevention training required for legislators, legislative staff, and lobbyists to include racial harassment.

The bill will take effect 90 days after adjournment of the legislative session.

Legislative Document 780 reduces from $850 to $500 the maximum allowable contribution individuals, corporations, PACs, and labor unions may make to candidates for municipal office.

The bill will take effect on January 1, 2020.

The Minnesota Legislature recently introduced several ethics-related bills during the 91st legislative session.

Senate File 2041 requires public officials to disclose a lobbyist, principal, or other interested person by whom the individual is compensated in excess of $50 in any month for providing services as an independent contractor or consultant.

Additionally, the bill requires both lobbyists and principals to disclose political contributions. If passed, Senate File 2041 will become effective the day following enactment.

Senate File 2039 seeks to prohibit legislators, constitutional officers, commissioners, deputy commissions, assistant commissioners, or heads of any state department or agency from lobbying for seven years after leaving the aforementioned offices or positions.

House File 2391 seeks to prohibit former legislators and certain legislative employees from lobbying the legislature for two years after leaving legislative office or separation from employment.

Senate File 2035 creates a conflict of interest when a legislator or constitutional officer accepts a contribution of more than $500 from a lobbyist, principal, political committee, or political fund with regard to an action coming before the officer when the contributing individual or association has a greater financial interest of greater consequence to the contributor than the general interest of other residents or taxpayers of the state.

If a conflict arises, the covered official must disclose the conflict.

On September 17, Sen. Ben Sasse introduced five federal ethics bills in the Senate, including Senate Bill 3454, the Congressional Revolving Door Ban Act, which would create a lifetime ban on members of Congress leaving office to become federal lobbyists.

Senate Bill 3452, the Cabinet Service Integrity Act, prohibits cabinet members and their immediate family from soliciting contributions from a government of a foreign country, a foreign political party, or any entity owned or controlled by a government of a foreign country or foreign political party.

Senate Bill 3451, the Congressional Anti-Corruption Act, prohibits members of Congress from buying or selling individual securities while in office.

Senate Bill 3453, the Congressional Workplace Misconduct Accountability Act, creates a public database of U.S. Congressional human resources settlements and increases the personal financial liability for members of congress.

Senate Bill 3450, the Presidential Tax Transparency Act, requires a presidential and vice-presidential candidates’ tax returns be disclosed by the Internal Revenue Service.

Sasse said he intends the legislation to be “big and disruptive and uncomfortable for Washington, D.C.”, according to his press release.

On May 1, revolving door amendments to British Columbia’s Lobbyists Registration Act (LRA) come into force. The new amendment mandates a person who is a former public office holder be prohibited from lobbying, in relation to any matter, for a period of two years after the date the person left office.

Covered public officials include members of the Executive Council, individuals employed in the members’ offices, and parliamentary secretaries. Covered officials also include individuals who formerly occupied senior executive positions in a ministry, associate deputy ministers, assistant deputy ministers, and persons in a position of comparable rank in a ministry.

If the registrar is satisfied that it is in the public interest, the registrar may, on request and on any terms or conditions the registrar considers advisable, exempt a person from the revolving door prohibitions.

The new amendments come into force by regulation of the Lieutenant Governor in Council, pursuant to Bill 8, Lobbyist Registration Amendment Act, 2017, which received Royal Asset on November 30, 2017.

On April 26, the Office of the Registrar of Lobbyists for British Columbia announced it will be temporarily unavailable on May 1 starting at 9:30 a.m. as it makes changes to the registry.

The Florida Constitution Revision Commission (CRC) is one step closer to placing an ethics proposal on the November ballot.

Proposal 39, creating an extended waiting period for state and local officials seeking to lobby after leaving office, was approved as amended.

The proposal prohibits state and local officials from lobbying their former departments, agencies, or governing bodies for six years after leaving office. Such persons would also be prohibited from lobbying any federal agency or any state or local body or agency during their respective terms of office.

Upon approval, the measure advanced, along with seven other proposals, to the Style and Drafting Committee. The committee has the authority to revise and combine proposals prior to a final vote by the full commission.

To be placed on the November 6 ballot, the proposal will need support from at least 22 commission members.

Once every 20 years, the Florida Constitution Revision Commission (CRC) convenes for the purpose of reviewing the state’s Constitution and proposing changes for voter consideration. The CRC travels around the state for approximately one year to identify issues, perform research, and propose constitutional amendments.

This year, the CRC is considering 37 amendments, including one related to ethics reform. The proposal, known as P-39, establishes a revolving door provision prohibiting lawmakers from lobbying local, state, and federal officials during their terms of office and prohibiting them from lobbying the Legislature and state agencies for six years after leaving office.

Similar waiting periods would apply to appointed officials as well as officials locally elected. Current law imposes a two-year waiting period and applies only to legislators and state officers or employees.

P-39 will be considered by the full CRC this week.

On December 13, a bill was entered in the Legislative Assembly of New Brunswick prohibiting sitting lawmakers from engaging in lobbying in New Brunswick or elsewhere during and for 12 months after their tenure in office.

Additionally, after a member is first sworn in, the member would be prohibited from being employed in or entering into a personal service contract with a business or organization engaging in lobbying in New Brunswick or elsewhere. The prohibition to lobbying for the 12 months after leaving office applies to “lobbying in New Brunswick or elsewhere in relation to a matter having a real and substantial connection to New Brunswick.”

Bill 38, An Act to Amend the Members’ Conflict of Interest Act, also creates a detailed definition of lobbying, which includes communications with public office holders in attempts to influence legislative proposals, public bills, grants, and other matters, arranging meetings between public office holders of any jurisdiction and another person, and communicating with public office holders in an attempt to influence the awarding of government contracts.

The Oklahoma Ethics Commission held an informal meeting this week to review a proposed amendment regarding a cooling-off period for elected officials and state employees.

The proposed amendment would require state employees and public officials to wait 2 years before registering as a lobbyist or representing another entity before the agency he or she previously served.

Supporters believe a cooling-off period prevents a conflict of interest while opponents to the proposed amendment feel it discourages involvement in government.

The proposal also includes a waiver of the restriction if the intent of the cooling-off period would not be undermined when waived.