LobbyComply Blog

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.

Cabinet Ministers and other public officer holders in British Columbia will be prohibited from lobbying the government of British Columbia for two years after leaving office under a bill proposed in the legislature this week. Attorney-General David Eby, who announced the legislation, said the legislation is intended to “restore public confidence,” according to The Globe and Mail.

The prohibition in the bill applies to former public office holders, which the legislation defines as a former member of the Executive Council and any individual formerly employed in the former member’s former office, other than administrative support staff, or a former parliamentary secretary.

Those listed in the definition also includes any individual who formerly occupied either a senior executive position in a ministry, the position of associate deputy minister, assistant deputy minister or a position of comparable rank in a ministry, or a prescribed position in a Provincial entity.

A bill further restricting revolving door provisions was sent to Gov. Jerry Brown for consideration.

Assembly Bill 1620 would change the current law prohibiting legislators from lobbying from one year to up to three years, depending on when he or she steps down from office. The bill states a legislator could not lobby during the two-year session after he or she was elected, plus another full year after the session ends.

If signed by the governor, the bill is effective January 1, 2018.

Gov. Jerry Brown signed Assembly Bill 187 and Assembly Bill 551 into law on September 1, amending both lobbying and campaign finance laws.

Assembly Bill 187 requires a committee to file a report within 10 business days of making a contribution or independent expenditure aggregating $5,000 or more to support or oppose the qualification of a single local initiative or referendum ballot measure.

Assembly Bill 551 extends revolving door restrictions to independent contractors of a local government agency or a public agency who are appearing or communicating on behalf of that agency.

Both bills are effective January 1, 2018.

A revolving door bill introduced in the U.S. House would hold congressional salaries in escrow unless a fiscal budget is passed this week.

House Bill 1951, The No Ongoing Perks Enrichment Act (NOPE ACT), which would establish a uniform five-year post-employment ban on lobbying by former members of Congress, also requires the salaries of members of a House be held in escrow if the House has not agreed to a concurrent resolution on the budget for fiscal year 2018 by April 15, 2017.

The bill, introduced by Rep. Tom O’Halleran, additionally eliminates automatic pay adjustments for members of Congress and prohibits the use of funds provided for the official travel expenses of members of Congress and other officers and employees of the legislative branch for first-class airline accommodations. “Congress must act to restore confidence in our government, and that starts by cutting special privileges and promoting transparency,” O’Halleran said in his press release.

Wisconsin legislators introduced a bill to prohibit lawmakers from lobbying for at least one year after leaving legislative office.

The bill, identical to a bill proposed during the last legislative session, was introduced with wide bipartisan support.

Current state law establishes a revolving door provision for state employees and officials seeking to become lobbyists; the prohibition does not, however, extend to legislators.

A proposed amendment to the Florida Constitution seeks to slow the revolving door between public officials and lobbyists.

Currently, members of the legislature, statewide officials, and appointed officials must wait two years before lobbying on behalf of a principal.

The amendment, PCB 17-01, would extend the cooling-off period to six years. The change, proponents say, would prevent officials from ingratiating themselves to lobbyists in hopes of landing a high paying position after leaving office.

The amendment is being considered by the House Public Integrity and Ethics Committee and will be voted on at the Committee’s next meeting.

The City Council heard two proposed ethics reforms at yesterday’s council meeting. An ordinance introduced to require political consultants working with Portland politicians to meet certain reporting and registration requirements was passed by the council and will go to a second reading at next week’s meeting following some minor amendments.

The other ordinance introduced to broaden revolving door prohibitions and close a loophole in registration requirements was not viewed as favorably by the council. The council will reconsider this ordinance at the May 11, 2016 council meeting.

Photo of Portland by Eric Baetscher in Wikimedia Commons.

A revolving door ban, prohibiting legislators from serving in office one day and returning as lobbyists the next, has been a priority for the Missouri General Assembly as it considers sweeping ethics reform legislation.

The House passed a bill earlier in the year barring lawmakers from lobbying for one year after leaving office. The Senate removed the waiting period and wanted legislators to simply finish their respective terms before becoming lobbyists.

After months of deliberation and negotiation, a conference committee reached an agreement Wednesday both sides are likely to approve. The compromise would prohibit legislators from working as paid lobbyists for six months after their terms expire.

If both houses approve the committee’s recommendations, the bill will be sent to Gov. Jay Nixon for final approval.

Photo of the Missouri State Capitol by Nickbigd on Wikimedia Commons.

The Portland City Council will consider adopting new ethics reform measures to broaden the revolving door prohibition to two years, and increase the penalties associated with repeated ethics violations. The proposal would also close a loophole in registration requirements, requiring lobbying entities that spend more than $1,000 a quarter on lobbying activities to register.

A separate ordinance requiring political consultants working with Portland politicians to meet certain reporting and registration requirements will also be considered.

The new ordinances will be introduced at the council meeting on April 13, 2016.

Attorney General Mike DeWine recently approved language for a proposed ethics amendment to the Ohio Constitution. The proposal includes a revolving door provision, including a two-year ban on former legislators doing business with the Legislature.

The issue must be reviewed by the Ohio Ballot Board to determine how it should appear on the ballot. Supporters of the amendment must gather at least 305,591 signatures of registered Ohio voters in order to reach the fall ballot.

On March 17, two bills were introduced into the U.S. Congress requiring the disclosure of political intelligence activities.

House Resolution 4809, The Political Intelligence Transparency Act, was introduced by Rep. Louise McIntosh Slaughter and Rep. John J. Duncan. This bill would subject individuals engaged in political intelligence to the same regulations and requirements as lobbyists, according to Slaughter’s press release. The bill amends the Lobbying Disclosure Act (LDA) by requiring registration and reporting of activities and imposes revolving door restrictions for members of Congress, executive branch officials, and their staff. An exemption exists in the bill for members of the media.

Sen. Chuck Grassley introduced Senate Bill 2738, a different bill also amending the LDA to require disclosure of political intelligence activities.

Photo of the United States Capitol by Martin Falbisoner on Wikimedia Commons.

The City Auditor has announced a comment period for potential changes to the city’s lobbying code. The significant changes include closing a loophole in registration requirements by establishing a $1,000 registration threshold. Other changes include broadening revolving door restrictions and increasing penalties for repeated violations.

The comment period is open from now until March 30, 2016.

Attorney General Bob Ferguson has recommended legislation prohibiting state officials and employees from becoming lobbyists for one year after leaving office.

This is his second attempt to address his state’s revolving door. The bill is being considered in committee.

Photo of Attorney General Bob Ferguson by Joe Mabel on Wikimedia Commons.