Senator James Arnold has introduced a bill which would require persons seeking business relationships with local jurisdictions and their agencies to register and report activity and expenditures as lobbyists, whether or not the local jurisdictions have ordinances dealing with lobbying. Senate Bill 0330 defines ‘business relationship’ to include pecuniary interest contracts and purchases with an agency with an aggregate value of at least $100,000.

The bill calls for the reporting to be filed with the local county clerks where the lobbying activity occurs. A $100 a day late fine would be imposed for each day a lobbyist misses his or her filing date and lobbyists knowingly failing to register or file would face a Class A infraction.

The bill also allows local jurisdictions to adopt ethics ordinances and establish ethics commissions.

Map of Indiana by Jim Irwin on Wikipedia.

Jim Sedor, editor of News You Can Use, pointed out this article – “Lobbyist for San Manuel Tribe Fined $30,000 by State” from Tuesday’s Riverside Press-Enterprise.

According to the article, lobbyist Frank Molina of Strategic Solutions Advisors was fined $30,000 by the California Fair Political Practices Commission for failing to file lobbying reports. The article states Molina has lobbied for the San Manuel Band of Mission Indians and the Soboba Band of Luiseño Indians, both operating casinos.

News You Can Use is State and Federal Communications’ weekly summary of national news focused on ethics, lobbying, and campaign finance.

The special session, called by Governor Riley in late December, lasted seven days and saw the passage of several landmark bills, each of which was promptly signed into law.

The most dramatic change concerning lobbyists is the newly enacted expenditure limits.  Previously, lobbyists could spend anything on an official without having to report it until the spending exceeded $250 per day.  Now, lobbyists may only spend $25 on an official for a meal with an annual limit of $150.  For a lobbyist’s employer, the limit is $50 per meal with a $250 annual cap.  This law has been criticized by some as having too many loopholes.  For instance, the limit does not apply to an “educational function” or certain “widely attended” events.  Disclosure of spending at these events is still required when spending exceeds $250 per official.

Lawmakers also passed a ban on PAC-to-PAC transfers of funds.  This, lawmakers hope, will reduce the “shell game” sometimes played which makes it very difficult for the public to track who is actually funding candidates or making expenditures.

Several of the laws passed impacted the actions of state officials directly.  Starting in 2014, a state lawmaker will no longer be allowed to hold another government job.  Additionally, the reforms include a ban on “pass through pork.”  This is a practice whereby state lawmakers could direct an agency to spend money a certain way without legislative approval.  Finally, the Alabama Ethics Commission will be granted subpoena power; this is expected to make enforcement of the laws much easier and effective.

The most controversial bill passed during the session is one banning politically active groups from receiving contributions via payroll deduction from state employees.  This law was decried as an attack on the American Education Association, a group usually linked to Democratic candidates.  Governor Riley, a Republican, defended the bill as a step to prevent misuse of state time and money.

While most agree the reform package is not perfect or all-inclusive, most within the state’s ethics and political circles agree they are a significant step forward at a time when Alabama badly needs one.

Photo of the Alabama Statehouse by Spyder_Monkey on Wikipedia.

The state legislature has introduced a bill to bring Wyoming’s state campaign finance law into compliance with the United States Supreme Court’s ruling in the “Citizens United” lawsuit. Senate File 0003 sets forth reporting requirements for corporations and others making independent expenditures.

Currently, Wyoming law prohibits corporations from making these expenditures. Under the bill, direct corporate contributions to campaigns would remain illegal.

This image is a segment from the Flag of Wyoming by Dbenbenn on Wikipedia.

Delegate Anthony J. O’Donnell introduced a bill creating a cooling off period for executive branch officials who wish to lobby upon leaving office. House Bill 0027 would prohibit former state and public officials of the executive branch from lobbying, or assisting in lobbying, for compensation in matters of legislative action for a period of one year after leaving employment.

The bill provides an exception permitting the former officials to lobby for a municipal corporation, county, or state governmental entity.

Photo of the Maryland Statehouse in Annapolis by Thisisbossi on Wikipedia.

The bill creates a new electronic filing system funded by both an initial fee charged to registered lobbyists and lobbyist employers in 2011 and an annual fee collected thereafter.

The bill states that the increased fees are required for data development costs and the purchase and maintenance of computer hardware and software associated with the new system.

Photo of the Washington State Capitol by Bluedisk on Wikipedia.

These bills would alter reporting and disclosure requirements to mandate reports be filed each month during the period from January through May of each year, as well as during any other month in which the legislature is in session. Further, an additional report would be filed on January 15 of each year to cover the period of June 1 to December 31.

Additionally, the bills would require lobbyists and their clients to make new disclosures, including campaign contributions made, the existence of any contractual relationships with legislators, and events attended wherein members of the legislature were in attendance and an average cost of $25 or more per person or total of $500 including gifts was expended. The bills also provide for definitions to pertinent terms, including ‘candidate,’ ‘candidate committee,’ ‘committee,’ and ‘contractual relationship.’

The state supreme court has declared a special gubernatorial election must be held this year. Under West Virginia law, if a Governor vacates the office, the President of the Senate becomes “acting Governor” but may only do so for one year or less.

Last year, after the passing of Senator Byrd, then-Governor Manchin won a special election for the vacant Senate seat. Current “acting Governor” Earl Ray Tomblin and Secretary of State Natalie Tennant have each indicated they will be candidates in the October 4, 2011 election.

House Bill 44, a bill regarding ‘revolving door’ legislation, has been introduced in the Mississippi legislature. According to the bill, a member of the legislature would not be permitted to engage in or perform any function which would require registration as a lobbyist for a period of four years following the expiration of his or her legislative term. If passed, the bill would take effect July 1, 2011.

Photo of the Mississippi State Capitol by Charlie Brenner on Wikipedia.

City Council has confirmed the appointments of Herbert Berman, Margaret Morton, Lesley Horton, and Jamila Ponton Bragg to the New York City Lobbying Commission.  Berman, a lobbyist and former Council Finance Committee Chair, was selected to be the Lobbying Commission Chair.

Formation of the Lobbying Commission had stalled for three years as suitable candidates were sought.  The Lobbying Commission is an advisory body charged with making recommendations to improve New York City’s 2006 lobbying laws.

Photo of the New York City Hall by Momos on Wikipedia.

Representative Joseph M. McNamara introduced HB 5127 to amend the state’s “Code of Ethics” law. The bill would create a cooling off period for executive branch government officials who wish to lobby for specific entities once they leave office.

The law would require those employed by the department of administration in a decision-making position or capacity or those with influence over legislation with the executive branch to not lobby for or even work for a state agency, quasi-public agency, or any other state subsidized corporation or entity should they leave their employment until a new governor is elected.

SB1037 would prohibit certain officials from working for a company receiving certain state contracts or grants for one year if the former official was involved in the award process.

SB1038, a “revolving door” law, would prohibit state officials or legislators from working as a lobbyist for one year after leaving office.

Elizabeth Bartz and several staff members from State and Federal Communications will be attending the Public Affairs Council’s National Grassroots Conference in Key West, Florida from January 25-28.

The conference is offering an exciting lineup of speakers presenting on grassroots leadership, best practices, and the use of social media.

If you are attending, be sure to stop by and say hello! We would be pleased to see you!

The bill would affect an individual who submits a competitive bid or proposal for a contract as an individual, partner or owner of a privately held business, or board member or executive officer of a business.

They would be prohibited from making a political contribution to a candidate for statewide office, a statewide officeholder, or a specific-purpose committee for supporting or opposing a candidate for statewide office or assisting a statewide officeholder, during the period beginning with the date the bid or proposal is submitted and ending when the contract is awarded to another person or the 30th day after the bidder is awarded the contract.

Further, the same restrictions would be applied to a general-purpose committee established or administered by a corporation. If passed in current form, the legislation would take effect September 1, 2011.