March 16, 2011 •
New Alabama Law under Attack in Federal Court
Opponents of a new law prohibiting payroll deductions from public employees for “political activity” have filed for a temporary injunction in federal court.
The complaint filed by the American Education Association seeks to have the law overturned on grounds of violating free speech and equal protection.
Even though the law prohibits the use of payroll deductions from all public employees for such activities, the teachers’ group says the law, passed and supported by Republicans, is discriminatory and specifically aimed at them because the A.E.A. has traditionally been a strong supporter of Democratic candidates.
The statute in question has been a source of controversy since it was passed in December during a special legislative session which saw an overhaul of several aspects of the Alabama ethics laws.
March 15, 2011 •
South Carolina Bill Will Double Lobbyists’ Fees
Money To Be Split
The House has included a provision in their appropriations bill which would double lobbyists’ registration fees. House Bill 3700 increases lobbyist and lobbyist’s principal registration fees to $200. The State Ethics Commission would retain fifty percent of the increased fee and the remaining fifty percent would go to the state’s general fund.
Also included in the bill is a provision precluding the State Ethics Commission staff from making any public comment which in any way reflects a personal opinion on any matter which is before the commission.
March 15, 2011 •
Everything is Bigger in Texas – Except a Legislative Per Diem
Trigger for Reporting Lobbyist Expenditures Decreases in Texas
Effective March 17, 2011, the amount triggering detailed reporting for food, beverages, transportation, lodging, and entertainment will drop to $90.
The trigger is set by statute at 60% of the amount of the legislative per diem.
Due to the legislative per diem decreasing from $168 for the 2009 session to $150 for the 2011 session, the trigger has decreased from $100.80 to $90.
March 15, 2011 •
Facebook Used as Political Weapon in Rhode Island
Governor Chafee is the target of a recall effort.
We have seen many examples of social media being used as a tool to promote a political campaign, now here it is being used as a tool to remove an official from office. Rhode Island’s Governor Lincoln Chafee is the target of a recall effort, and one group is using Facebook to gather support for the effort.
Take a look at the Facebook page with its 123 friends.
For the full story you can read the Providence Journal article “Governor unfazed by Facebook recall move” by Philip Marcelo and Katherine Gregg on March 14.
March 11, 2011 •
Hartford City Council Considering Pay-to-Play Contributions Ban
Delayed Contributions Ban Proposal Now Moves Forward
The Hartford city council is debating a proposal to ban campaign contributions from contractors who have business deals with the city. Proposed more than two years ago, the measure is now moving forward after receiving word from the city’s corporation counsel assuring the legality of such a measure.
There are still details to be determined concerning the measure, including who will be expected to enforce the measure. A vote is expected by the end of March.
Aerial photo of downtown Hartford by Sage Ross on Wikipedia.
March 10, 2011 •
Lobbyist Spending Increases in New Jersey
The state trend goes up while nationally it went down, largely thanks to the New Jersey Education Association.
Eric Brown’s Political Activity Law blog pointed me in the direction of a Philadelphia Inquirer-Daily News article that said lobbyist spending in New Jersey has increased 14% since Gov. Chris Christie took office. The grand total of spending was $66 million.
For the full story, read today’s article: “Christie’s tenure brings jump in lobbying” by Cynthia Burton.
Map of New Jersey by JimIrwin on Wikipedia.
March 9, 2011 •
News from the City of Angels
Voters Approve Pay-to-Play Restrictions
Voters overwhelmingly approved an amendment to the city charter placing serious restrictions on the ability of those doing business or seeking to do business with the city to make campaign contributions.
The pay-to-play rule, which passed with a vote of 75 percent in favor, will prohibit anyone bidding on a contract with Los Angeles worth $100,000 or more from donating to or fundraising for city officials with the authority to approve the contract on which he or she is bidding.
Photo of Los Angeles City Hall by Brion VIBBER on Wikipedia.
March 9, 2011 •
Kansas House Passes Union Contribution Bill
Opponents say bill would limit workers’ ability to organize
A bill prohibiting unions from making paycheck deductions for political activities has passed the Kansas house and is now in the state senate. The bill would also ban public employee unions from endorsing candidates.
Opponents of the bill claim the legislation is an attack on the ability of workers to organize and participate as a group in the political process, while those in favor of it say this is simply an effort to help workers who do not support their union’s political activity.
A similar law passed in Alabama during a December special session outlawed payroll deduction contributions to PACs by public employees. That law, passed by Republicans, was harshly criticized as “partisan politics” because the PACs traditionally supported by public employee payroll deductions leaned overwhelmingly Democrat.
Photo of the Kansas State Capitol by Nikopoley on Wikipedia.
March 8, 2011 •
Advisory Opinion in Georgia Clarifies Lobbyist Registration Statute
Officers and Employees of Business Entities the Focus of New Georgia Advisory Opinion Concerning Lobbyist Registration
The Georgia Government Transparency and Campaign Finance Commission has released Advisory Opinion No. 2011-1, providing for an interpretation of the lobbyist registration statute in regards to individuals who are officers or employees of a business entity. The Commission has determined these individuals must register as lobbyists if they meet with public officials and express opinions on potential or actual legislation that may impact the business entity.
Stacey Kalberman, Executive Secretary of the Commission, prepared the opinion, noting “the General Assembly drafted a broad provision which can only be interpreted to mean that any individual compensated by another, whether as a consultant or an employee, is acting as a lobbyist if such person attempts to influence legislation by the General Assembly.”
This opinion does not affect employees who may be conducting lobbying activities as an uncompensated volunteer, so long as they do not exceed $250 in expenditures.
March 7, 2011 •
Revolving Door Bill Introduced in Nevada
Two Year Cooling Off Period
A bill prohibiting public officials from lobbying the Nevada Legislature immediately upon leaving office has been introduced into the assembly. Currently, the state has no revolving door prohibitions and public officials may lobby as soon as they leave office.
Assembly Bill 184 requires a two year cooling off period before a former state legislator, governor, or other specified executive branch official may serve as a paid lobbyist. The bill allows for exceptions such as representing a local agency where the former official is currently employed and making formal appearances before the Legislature.
Photo of the Nevada State Legislature building by Dave Parker on Wikipedia.
March 7, 2011 •
Arizona Releases Adjusted Contribution Limits
Limits Increased in Accordance with Consumer Price Index
Secretary of State Ken Bennett has released contribution limits for the 2011-2012 election cycle. Under the new limits individuals and noncertified political committees cannot contribute more than $872 to a statewide candidate, $430 to a non-statewide local candidate, and $424 to a non-statewide legislative candidate.
Certified committees or “Super PACs” are now limited to contributions of $4,352 to a statewide candidate, $2,170 to a non-statewide local candidate, and $1,736 to a non-statewide legislative candidate. Individuals are now limited to contributions totaling $6,100 in a calendar year to political committees or candidates.
The Secretary of State biennially adjusts campaign contribution limits based upon the consumer price index.
March 7, 2011 •
Lobbyist Registration Coming to Tallahassee
Lobbyists will soon be required to register due to an ordinance recently passed by the Tallahassee city commissioners.
Effective April 1, 2011, lobbyists will be required to register with the city treasurer-clerk prior to engaging in any lobbying. Lobbyists will be required to pay a fee of $25 for each principal represented. Additionally, each lobbying firm may register in the name of the firm, corporation, or legal entity, provided the registration lists the names of all persons who engage in lobbying for the firm.
Further, each lobbying firm will be required to file a quarterly compensation report during each calendar quarter during any portion of which the lobbyist or lobbying firm was registered to represent a principal. A provision was also included in the ordinance stating the annual period of registration will be the calendar year, ending December 31, and noted the first period of registration will begin on the ordinance’s effective date of April 1, 2011, and all registrations during the 2011 year after such time will end on December 31, 2011.
March 4, 2011 •
A Better Maryland Procurement Process?
Delegate Introduces Bill
Delegate Dan Morhaim has introduced a bill with the goal of increasing the effectiveness of Maryland’s procurement process. House Bill 628 would create a commission to study streamlining and increasing the efficiency of the state’s contracting procedures.
Among the goals of the commission would be a more uniform application of the procurement law and an increased centralization of the procurement system. The membership of the commission would include individuals from private sector industries such as technology, construction, commodities, and other professional services.
The commission’s one year term would end with a report of its findings and recommendations to both the Governor and the General Assembly.
March 2, 2011 •
Nevada Lobbyists Bill Mandates Out-of-Session Reporting
Lobbyist Definition Expanded
A bill requiring lobbyists to report activity even when the Legislature is not in session has been introduced by Senator Sheila Leslie. Currently, a lobbyist need only report activity occurring while the legislative body is actually in session.
Nevada’s Legislature generally meets in the first half of odd-numbered years. Senate Bill 0206‘s additional reporting requirements necessitate lobbyists report all lobbying activities after the end of the third and fourth calendar quarter of each odd-numbered year and each calendar quarter of each even numbered year, whether or not any expenditures were made.
The bill also extends the definition of lobbyist to include one who lobbies where an interim committee holds meetings.
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.