The Pennsylvania House unanimously approved a bill to increase the penalty for violating the Lobbying Disclosure Act. The bill places the maximum penalty at $4,000, up from $2,000, and incrementally increases the penalty for negligent failure to register or report based on the number of days late.

In an attempt to increase transparency, the bill further requires all filings to be posted online within seven days. The bill now goes to the Senate for consideration.

Photo of the Pennsylvania State Capitol by Michael180 on Wikimedia Commons.

Lobbying

“Big Pharma Braces for 2016 Assault” by Peter Sullivan for The Hill

Campaign Finance

“Is Pro-Bush Super PAC Obscuring Spending?” by Carrie Levine for Center for Public Integrity

“Cruise Control: D.C. lobbyists pay up for a weekend with Patrick Leahy” by Paul Heintz for Seven Days

California: “More Transparency Coming for Referendums” by David Garrick for San Diego Union-Tribune

California: “San Jose Council Makes Sweeping Changes to Election Law” by Ramona Giwargis for San Jose Mercury News

Ethics

Alabama: “Ethics Commission: Lawmakers can’t lobby for employers” by Brian Lyman for Montgomery Advertiser

California: “OC Supervisors Bring Ethics Commission a Step Closer to Reality” by Nick Gerda for Voice of OC

Wisconsin: “GOP Bills Would Hike Contribution Limits, Split GAB into Two Agencies” by Patrick Marley for Milwaukee Journal Sentinel

Elections

“Gallup Gives Up the Horse Race” by Steven Shepard for Politico

Legislative Issues

Minnesota: “Questions Raised about Lack of Public Access to Capitol” by John Croman for KARE

Enjoy these photos from recent events!

The number of municipalities and regional governments our research associates track continues to grow. We now cover almost 300 municipalities and local governments. This is part of a continuous effort to better serve the needs of our clients.

In that effort, we have recently added an abridged jurisdiction to our website. This entry, condensed due to the limited number of relevant local laws, provides the core information our clients need for their government relations work.

The new jurisdiction is: Lynchburg, Virginia.

Seal of the City of Lynchburg courtesy of CityofLynchburg on Wikimedia Commons.

Lobbying

Kentucky: “Kentucky Lawmakers, Lobbyists May Already Be Violating New State Ethics Laws” by Jonathan Meador for Insider Louisville

Campaign Finance

“How Hillary Clinton Kept Her Wealthy Friends Close While at State Department” by Tom Hamburger for Washington Post

“Menendez’s Defense Relies on Odd Twist” by Salvador Rizzo for Bergen Record

California: “Regulators Propose Rules to Prevent Illegal Coordination” by Judy Lin (Associated Press) for Albany Times Union

Virginia: “Ex-Treasurer for Va. Senate Minority Leader is Accused of Stealing from Him” by Laura Vozzella for Washington Post

Ethics

“Donald Trump’s Candidacy Raises Novel Ethics Questions” by Fredreka Schouten for USA Today

Florida: “North Miami Senior High’s Night-School Principal Arrested on Corruption Charges” by David Ovalle for Miami Herald

Elections

“The Man Who Launched the GOP’s Civil War” by Jonathan Katz for Politico

Legislative Issues

North Carolina: “Legislature’s Last-Minute Rush Prompts Criticism” by Colin Campbell for Raleigh News & Observer

On September 17, 2015, a new lobbying law took effect in San Joaquin County, California. Ordinance 4468, passed by the Board of Supervisors in August, requires lobbyists, lobbying firms, and lobbyist’s employers to register when lobbying county officials. Registration with the clerk of the board is required 10 days after becoming engaged as a lobbyist. There is an initial registration fee of $75. The annual registration renewal fee is $50.

The new county ordinance defines lobbying activities as oral, written, or electronic communication made directly or indirectly to a county official, for the purpose of persuading or influencing official actions or decisions. An individual is required to register when he or she is employed, contracts, or otherwise receives compensation of $500 or more in any calendar month to communicate directly or through agents, employees, or subcontractors with any county official for the purpose of influencing official action. However, a substantial or regular portion of the activities for which the person receives such compensation must be for the purpose of influencing official action. Influencing official action includes promoting, supporting, influencing, modifying, opposing, or delaying actions of any county official, including soliciting county contracts or funds. Influence can include providing county officials with statistics, studies, or analyses.

Registration is not required by agents and employees of tax-exempt organizations, elected and appointed public officials and employees, news organizations, and advocates or attorneys in certain circumstances. Amendments to a registration form must be completed and filed by the lobbyist with the clerk of the board within ten days of any change.

Penalties for failing to register range from a written warning to daily fines staggered in the amounts of $25, $50, and $75, up to a maximum penalty of $500. Penalties also include disqualification from county contracts if any lobbyist, lobbying firm, employer, or other person or entity acting on behalf of the person or entity seeking the contract fails to comply with the county’s lobbying ordinance.

Here is our October calendar. If you are attending any of the coming events, please stop by and say hello!

October 8   African Affairs Advisory Group Meeting, Silver Spring, Maryland

October 13   WGR Toastmasters, Washington, DC

October 19   AGRP State Lobbying LCP Program, Washington, DC

October 23   National Press Club Lunch with Kevin Costner, Washington, DC

October 27   WGR Toastmasters, Washington, DC

October 28-30   Public Affairs Council Fall Board Meeting, Scottsdale, Arizona

Q. We recently hired a lobbyist that is coming to our company directly from spending a number of years as a Senate staffer.  What restrictions should we be aware of as her new employer in terms of who she can contact on the Hill?

A. Both the House and the Senate have post-employment restrictions for certain individuals leaving their employment on the Hill.  Importantly, the House and Senate ethics committees will discuss with the staffer prior to his or her departure the restrictions under which he or she must operate.  That said, as her new employer you should definitely be aware of what restrictions are applicable to her situation so neither the company nor she violates the rules.

For the Senate, senior staff (currently defined as individuals whose annual salary is $130,500 or more) are subject to a one-year, Senate-wide ban.  Essentially, senior staff leaving the Senate may not lobby the entire Senate for one year following their departure – this includes lobbying contact with personal, committee, and leadership offices.  Staff making less than $130,500 a year are subject to a one year ban from lobbying their particular office – whether personal, committee, or leadership office.

The House restriction for senior staff is a one year ban from lobbying the particular office for which the former staffer worked and there is no ban in the House for staffers making less than $130,500.

You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: experts@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.

Lobbying

Kansas: “Lobbyists Spend $500,000 on Food, Drink for Kansas Lawmakers” by Bryan Lowry for Wichita Eagle

Ohio: “Redlight Camera Lobbyist Agrees to Plead to Extortion, Releases Statement” by Lucas Sullivan for Columbus Dispatch

Campaign Finance

“At End of Fundraising Quarter, O’Malley Seeks to Lessen Role of Money in Politics” by John Wagner for Washington Post

Connecticut: “Court Fight Heats Up Over Subpoena of Democrats’ Emails about Malloy’s Campaign” by Jon Lender for Hartford Courant

Maine: “A Wary Ethics Panel Sends Campaign Spending Proposal to Legislature” by Steve Mistler for Portland Press Herald

New Mexico: “New Corruption Fine Could Be Applied to Duran Case” by Deborah Baker for Albuquerque Journal

North Carolina: “Advisory Letter Could Permit Bigger Role for Outside Groups in NC Elections” by Mark Binker for WRAL

West Virginia: “Bobby Harrell Says He Won’t Immediately Pay Ethics Order” by Schuyler Kropf for Charleston Post & Courier

Ethics

New Jersey: “Christie’s DOT Chief Steps Down” by Shawn Boberg and Dustin Racioppi for Bergen Record

Elections

“Pithy, Mean and Powerful: How Donald Trump mastered Twitter for 2016” by Michael Barbaro for New York Times

On September 30, North Carolina Gov. Pat McCrory signed legislation moving next year’s presidential primary and general primary for state elected offices to a single date in March. House Bill 373 sets the single primary date to March 15, 2016. The bill contains other provisions include adjusting the filing dates for campaign finance reporting and permitting the leader of each political party caucus of the House of Representatives and the Senate to establish a separate affiliated party committee to support the election of candidates of that leader’s political party. According to the governor’s press release, he signed the bill after getting an agreement from the legislature to make revisions to the bill regarding campaign finance law, including prohibiting contributions from lobbyists or political action committees while the legislature is in session.

“There were specific concerns I had with the original version of the bill, and the General Assembly agreed to make revisions to address those concerns,” said McCrory in his press release.

Photo of Gov. Pat McCrory by Hal Goodtree on Wikimedia Commons.

On September 30, the North Carolina General Assembly adjourned its legislative session. Both chambers finished their legislative work shortly after 4 a.m. The Legislature is scheduled to next convene on April 25, 2016.

Photo of the North Carolina State Capitol by Jayron32 on Wikimedia Commons.

Alaska Gov. Bill Walker called for a third special legislative session to convene on October 24, 2015.

The Legislature will meet in Juneau to consider an act to monetize certain natural gas reserves via a gas reserves tax, as well as an act to make supplemental, capital, and operating appropriations from the constitutional budget reserve fund.

Prosecutors charged Attorney General Kathleen Kane with an additional perjury charge for lying to a grand jury about an oath of secrecy she took in 2013. Kane was charged in August with conspiracy and official oppression perjury for leaking secret grand jury materials to a Philadelphia newspaper in order to embarrass a political enemy.

Last month, the state’s Supreme Court ordered the temporary suspension of Kane’s law license, possibly leading to efforts to remove her from office. Kane denies any wrongdoing and stated she will not resign.

Councilman Dan Gilman introduced a bill to rewrite the city’s campaign finance ordinance. The bill would bring the city’s contribution limits in line with the federal limits, prohibit the transfer of funds from one PAC to another above the stated limit, and make contribution stacking, where a candidate accepts a contribution for a special election and primary election during the same election cycle, illegal.

The bill also eliminates the “millionaire” exception in current law, whereby contribution limits do not apply if a candidate spends more than $50,000 per election cycle on his or her own campaign.

Gilman is also proposing a newly formed ethics board to replace the current one and a new website to compile information on the activities of government entities.

Photo of the Pittsburgh City-County Building by Leepaxton at Wikimedia Commons.