On June 4, the Ontario, Canada Legislature adjourned the first session of the 41st Parliament.

The body is scheduled to reconvene its second session on September 14, 2015.

Photo of the Ontario Legislature by Antoien Cadotte on Wikimedia Commons.

On June 2, U.S. Sen. Michael Bennett introduced Senate Bill 1480, The Lobbying and Campaign Finance Reform Act.

According to Bennett’s press release, SB 1480 prohibits solicitations of campaign contributions from lobbyists when Congress is in session, eliminates lobbyist bundling of large contributions, and amends the lobbying registration process to require a lobbyist to register if he or she makes two or more lobbying contacts for a client over a two-year period regardless of whether the lobbyist spends more than 20 percent of his or her time serving the particular client.

National:

Poll Shows Americans Favor an Overhaul of Campaign Financing
New York Times – Nicholas Confessore and Megan Thee-Brenan | Published: 6/2/2015

A new poll showed both Democrats and Republicans favor an overhaul of campaign finance laws, including limiting the amount of money that can be spent by super PACs and forcing more public disclosure on organizations now permitted to intervene in elections without disclosing the names of their donors. A majority also reject the argument that political money is a form of speech protected by the First Amendment. More than four in five Americans say money plays too great a role in campaigns, while two-thirds say the wealthy have more of a chance to influence the elections process than the average citizen.

The Murky (and Apparently Widespread) Use of License Plates as Political Favors
Washington Post – Amber Phillips | Published: 6/2/2015

In several states, low-number license plates – the less numerals, the better – are a way to show off someone’s political connections. That is because you cannot just walk into a Departments of Motor Vehicles and request one; you have to know someone to give you the plate. Then-New Hampshire Gov. John Sununu credits his distribution of the desirable license plates with helping George H.W. Bush win the state in a competitive 1988 Republican primary.

Federal:

Dennis Hastert’s Lobbying Firm Reeling after Indictment
Politico – Tarini Parti and Anna Palmer | Published: 6/4/2015

Former U.S. House Speaker J. Dennis Hastert resigned his job as co-leader of Dickstein Shapiro’s public policy and political law practice in the wake of his indictment for lying to federal investigators about structured cash withdrawals to an individual “in order to compensate for and conceal his prior misconduct.” Dickstein Shapiro is already scrambling to rebuild amid a client exodus, tumbling lobbying revenue, and high-profile departures. Some expressed doubts about the firm’s ability to right the ship. “It is going to make clients scratch their heads how does this kind of stuff, particularly at a law firm, go unnoticed and unchecked,” said a managing partner at a Washington law firm. “They’ve already lost a significant number of partners, and now they have a failing management structure allowing allegedly criminal activity under its nose ….”

Payments by Hastert Linked to Report of Sexual Abuse
New York Times – Michael Shear and Michael Schmidt | Published: 5/28/2015

Former U.S. House Speaker J. Dennis Hastert was paying a man to not say publicly that Hastert had sexually abused him, according to sources briefed on the evidence uncovered in an FBI investigation into the payments. Federal prosecutors indicted Hastert on allegations he made cash withdrawals designed to hide those payments and for lying to federal authorities about the purpose of the withdrawals. The man, who was not identified in court papers, told the FBI he had been molested by Hastert when Hastert was a high school teacher and wrestling coach.

From the States and Municipalities:

Alaska – Juneau APOC Office Skeletal after Cuts
Peninsula Chronicle – Katie Moritz (Morris News Service) | Published: 6/1/2015

The Juneau office of the Alaska Public Offices Commission (APOC), which is responsible for holding the state’s approximately 135 lobbyists financially accountable, took a crippling budget hit from lawmakers when it was dealt a cut that eliminated both existing full-time positions. When the new fiscal year begins, the current part-time assistant will become the one full-time employee in the office. Leslie Ridle, deputy commissioner of the Department of Administration, said she does not think one staff member in Juneau and seven staff statewide is enough to handle APOC’s workload or uphold its mission.

California – Law Students Propose Bill to Close Lucrative Capitol Lobbying Loophole
Los Angeles Times – Melanie Mason | Published: 6/2/2015

Three law students have sponsored a bill that would designate as lobbying the act of communicating with government officials in hopes of influencing how they spend taxpayers’ money on goods and services, and require lobbyists to publicly disclose that activity. Assembly Bill 1200 would cast sunlight into an opaque and lucrative corner of  lobbying. The students did research, drafted bill language, and shopped for a legislator to carry their proposal.California Assemblyperson Richard Gordon became its official author. “When the students came to me and said, ‘do you realize there is this loophole that allows folks to lobby relative to contracting?’ I said you’ve got to be kidding me,” Gordon said.

Colorado – High-Powered Attorneys, Lobbyists Give Big to Denver Candidates
Denver Post – Jon Murray | Published: 5/31/2015

A Denver Post analysis of $4.1 million given to candidates in the run-up to Denver’s municipal elections found at least $290,000 came from attorneys and lobbyists. Another $159,000 was donated by individuals involved in development or real estate. That industry is booming in Denver but has been at the center of one of the election’s biggest issues – the pace of development. Unions, city contractors, and business associations also contributed heavily to candidates. Watchdogs say such hefty direct donations from big interests point to a need for tighter contribution limits in Denver, or some kind of public financing that might amplify the impact of contributions from small donors.

Connecticut – Senate Democrats Reject Campaign Finance Overhaul
Hartford Courant – Jenny Wilson | Published: 6/2/2015

The Connecticut Senate rejected a House-approved bill that would have imposed limits on how much state parties can spend to support a publicly funded campaign. The legislation also would have reduced the maximum contribution that individuals could give to state parties to $5,000. The measure was a direct response to the state Democratic Party spending over $1 million last year to support the campaigns of Sen. Ted Kennedy, Jr. and Gov. Dannel Malloy, who were both participating in the Citizen’s Election Program.

Hawaii – Antiquated Law Spares Lobbyists in Honolulu Ethics Scandal
Honolulu Civil Beat – Nick Grube | Published: 6/1/2015

Nestor Garcia, a former Honolulu City Council member, agreed to pay an $8,100 fine after the Ethics Commission found evidence he illegally accepted free meals and golf from lobbyists. The commission said Garcia failed to disclose a conflict-of-interest on a number of bills and resolutions that affected the lobbyists’ interests. But amid the growing scandal, lobbyists have come out relatively unscathed. There has been little scrutiny of their actions, and it is doubtful there will be any punitive action taken against them. Honolulu Ethics Commission Executive Director Chuck Totto would like to update the ethics code on lobbyist gift-giving, but does not have the staff to the handle that extra workload.

New York – How Lobbying in Albany Works
New Yorker – Chris Smith | Published: 5/28/2015

With the recent indictments of the leaders of the New York Assembly and Senate, lobbyists could have even more influence in shaping public policy. But lobbyists usually try to stay under the radar, so their day-to-day activities are often unclear. In an interview, a prominent lobbyist in Albany gave an inside view of his profession.

Pennsylvania – City Council Gives Initial Thumbs Up to New Rules on Independent PACs
KYW – Mike Dunn | Published: 5/29/2015

A Philadelphia City Council committee approved a bill authored by the city’s Board of Ethics that would impose new reporting requirements on independent PACs and non-profits that spend money in support of a candidate. The legislation would affect any person, political committee, or non-profit that spends more than $5,000 within 50 days of an election. They would face four reporting deadlines within the 50 day pre-election period, and they would have to list all funding received and expenditures made, not just the spending that triggered the filing.

Pennsylvania – Two More Dems Plead Guilty in Sting Case
Philadelphia Inquirer – Angela Couloumbis and Craig McCoy | Published: 6/1/2015

A state lawmaker and an ex-representative, both Philadelphia Democrats, pleaded guilty to criminal charges stemming from a bribery scandal. Rep. Ron Waters pleaded guilty to nine conflict-of-interest counts. He resigned his seat and will serve 23 months on probation. Former Rep. Harold James pleaded guilty to a single count of conflict-of-interest and received 12 months of probation. The cases were built on secret recordings by an informant posing as a lobbyist, who offered cash or gifts in exchange for promises of official favors. The investigation had been a secret until it was reported that Pennsylvania Attorney General Kathleen Kane had decided against pursuing it. Kane inherited the case from her predecessors and she attacked it as too fatally flawed to win convictions.

Texas – Overhaul of Scandal-Torn State-Contracting System Wins Final Approval
Fort Worth Star-Telegram – Dave Montgomery | Published: 6/1/2015

Texas lawmakers approved a bill aimed at increasing transparency and accountability in state contracts. The legislation prohibits conflicts-of-interest between agency heads and vendors, strengthens top-level supervision in the awarding of contracts, and increases scrutiny of vendor performance in carrying out the contracts. Agencies would also be required to post on their websites any noncompetitively bid contract along with the statutory justification for why it was awarded. The bill would require an agency board to approve any contract over $1 million.

Vermont – Condos Pitches Ethics Commission in Wake of Impropriety Allegations
VTDigger.org – Anne Galloway | Published: 6/3/2015

Vermont Secretary of State Jim Condos is calling for the establishment of a state ethics commission. The Center for Public Integrity in 2012 gave Vermont an overall grade of “D+” for its ethics laws. It was “in large part because we do not have an authoritative ethics commission or the required financial disclosures existing in nearly every other state,” Condos wrote in his proposal. He said his office has no authority to investigate or enforce against such problems, and the people complaining often ended up feeling frustrated and increasingly cynical.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

The General Assembly adjourned sine die on June 3, 2015, shortly before its midnight deadline.

Both chambers voted to return for a special session, however, to finish work on bills related to the budget.

A date for the special session has not yet been set.

State and Federal Communications is very active in our community. I serve on the Board of the Akron Roundtable, a community lunch program who has a mission of “Bringing the World to Akron.” Today, a special program was held featuring Michael Morell, former interim CIA Director, who happens to be from Northeast Ohio. I have asked Team Intern to submit a paragraph about the program.

1. Costa Janos—Sophomore at The Ohio State University—Michael Morell is a local hero to all of us living in Akron, Ohio. He went to Cuyahoga Falls High School and also attended the University of Akron where he graduated summa cum laude with a degree in Economics. From what he remembers serving as the director of the CIA on September 11, 2001, was very intense as he was briefing President Bush. According to Morell, his list of challengers to the United States are 1) China; 2) Russia; and 3) Middle East. His list of threats to the US are made up of Al–Qaeda and ISIS. The reason he wrote the book was to share with us the amount of time and sacrifice the CIA puts in to help keep our country secure.
2. Sophia Avouris—Freshman at Kent State University–Mr. Morell answered a lot of the questions I had in regards to what exactly was being changed by the Freedom Act and its implications in the surveillance field.  I learned while phone records are available to the government, they are kept by the phone companies and a court order is required for the government to access them.  I was also not aware Al–Qaeda was still considered the biggest threat, as I was under the impression they had lost a lot of their power and their spheres of influence were being taken up by other organizations.  In addition, Morell’s opinion that Snowden was motivated by hubris to be very interesting, and an opinion I have not heard widely discussed in his more recent broadcasts.
3. Nikolas Frazier—Junior at Kent State University—Michael Morell, former CIA Deputy Director, spoke at today’s Akron Roundtable luncheon about his book, The Great War of Our Time. Not only focusing on his book, Morell spoke candidly about his time in the CIA and more specifically, speaking about working as President George W. Bush’s daily briefer and his memory of September 11, 2001. His talk went quickly but all the while was very interesting. I would have liked more time of him especially on his views on North Korea and Iran. Morell also talked about Edward Snowden and attributed his leaking of classified documents as “the greatest loss of secrets in the history of the country.” I look forward to reading the rest of his book.
4. Elizabeth Scozzaro—Junior at Baldwin Wallace—I enjoyed Michael Morell’s words on current events happening in the world. He was a part of the commission that proposed to President Obama to leave monitoring phone calls to the phone companies only. The government can only get phone call data if they have an important reason to ask a phone company for it. Morell also talked about how the TSA recently failed to detect weapons in a passenger screening. He let the audience know the TSA has taken this very seriously and will make improvements. Another current piece of information he shared was mentioning the importance of critical thinking, emotional intelligence, and interpersonal skills required from younger people who wish to join the CIA in the future.
5. David Jones—Sophomore at Stark State– Michael Morell former C.I.A Deputy Director was the speaker today. The speaker format was question and answer with Brouse McDowell Partner David Hunter interviewing. When Morell was asked what he considered the biggest threat to national security was he replied, “Al–Qaeda”. Which really surprised me considering the media attention on ISIS. He spoke on how the biggest issue concerning ISIS was instability in the Middle East, but the bigger threat to national security was Al–Qaeda because of its resources and connections. He also hauntingly said if Al–Qaeda were to bring down a plane in the US tomorrow it would not surprise him. He spoke at great length on many topics from cyber security to Snowden, and I will be eagerly listening to it again on June 11^th when it airs on WKSU (wksu.org).
6. David Trujillo—Sophomore at the University of Akron—Michael Morell is an informative and magnetic personality. I have absolutely nothing but the utmost respect and admiration for the service he has offered to our country. National Security is a hot button topic with myself and many other service people and to listen to Morell’s take on the state of our national security as well as myriad security threats and challenges are both fascinating and at the same time motivating to get involved in the process of protecting the Homeland. He speaks sternly about serious issues but it is not without his own sense of humor. I have enjoyed reading his book so far and would like to extend my gratitude for allowing me to attend this event today.

I think it is important to hear what our young professionals think about issues affecting us. I travel to DC a lot and am always concerned about these issues.

Thank you for taking the time to read about the Akron Roundtable program. Stay tuned, on June 18^th, we will have NPR Morning Edition Host David Greene in Akron.

Elizabeth Z. Bartz

@elizabethbartz

Photo of Michael Morell by Nikolas Frazier.

Lobbying

California: “California Senate OKs Scaled-Down Travel Disclosure Bill” by Judy Lin (Associated Press) for Santa Cruz Sentinel

California: “Law Students Propose Bill to Close Lucrative Capitol Lobbying Loophole” by Melanie Mason for Los Angeles Times

Hawaii: “Antiquated Law Spares Lobbyists in Honolulu Ethics Scandal” by Nick Grube for Honolulu Civil Beat

New Jersey: “ELEC Report Reveals Healthcare Most Heavily Lobbied Sector in New Jersey” by Andrew Kitchenman for NJ Spotlight

New York: “How Lobbying in Albany Works” by Chris Smith for New Yorker

Campaign Finance

Colorado: “High-Powered Attorneys, Lobbyists Give Big to Denver Candidates” by Jon Murray for Denver Post

Connecticut: “Senate Democrats Reject Campaign Finance Overhaul” by Jenny Wilson for Hartford Courant

Ethics

Alaska: “Juneau APOC Office Skeletal after Cuts” by Katie Moritz (Morris News Service) for Peninsula Chronicle

Oregon: “House Unanimously Passes Kate Brown’s Plan to Remake Oregon Ethics Panel” by Denis Theriault for Portland Oregonian

South Carolina: “Former State Senator Robert Ford Gets No Jail Times” by John Monk for The State

Texas: “Abbott Gets Bill Limiting Ethics Disclosures” by Jay Root for Texas Tribune

Vermont: “Condos Pitches Ethics Commission in Wake of Impropriety Allegations” by Anne Galloway for VTDigger.org

Procurement

Texas: “Overhaul of Scandal-Torn State-Contracting System Wins Final Approval” by Dave Montgomery for Fort Worth Star-Telegram

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

June 4-6, 2015   NCSL Executive Committee Spring Meeting, Denver, Colorado

June 8-10, 2015   US Small Business Summit, Washington, DC

June 15-18, 2015   BIO International Convention, Philadelphia, Pennsylvania

June 19-23, 2015   US Conference of Mayors Annual Conference, San Francisco, California

July 12-15, 2015    CSG MLC Annual Meeting, Bismarck, North Dakota

July 23-26, 2015   NGA Summer Meeting, Greenbrier, West Virginia

August 4, 2015   Astellas National Women’s Executive Day, Akron, Ohio

August 3-7, 2015   NCSL Legislative Summit, Seattle, Washington

Q. The Canadian branch of our company would like to set up some meetings with the federal government.  Does Canada have lobbying laws too?

A. Canada does have lobbying laws at the federal, provincial, and even municipal levels of government.

For the federal government, in-house lobbyists must register when the collective time devoted to lobbying activities by all of its employees reaches or exceeds 20 percent of the duties of a single equivalent-paid employee of the corporation or organization during a calendar month. Lobbying is communicating with public officeholders on behalf of another person or entity.

If the above threshold is reached, the senior most paid person of the company is required to file a registration and become the registrant. This registration will contain a list of all the names of the employees whose job duties include lobbying in some fashion.

Once registered, the registrant is required to file monthly returns. A return is the Canadian form of a report. The returns are due on the 15th day of the month. On this return, the registrant simply reports any communications that were had with public officeholders and the date and content of those meetings. The monthly return does not need to be filed if: (1) no communications with public officeholders took place that month; (2) no information on the registration needs to be amended; and (3) the undertaking has not been performed or terminated.

It isn’t just lobbying the federal government that you have to worry about, either. Almost all of the provinces have a separate lobbying law, and the major cities throughout the country are starting to pass lobbying laws as well. If you have specific questions related to your company’s activities in Canada, we will be more than happy to help you.

You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: marketing@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 Commissioner Karen Shepherd has released the new Lobbyists’ Code of Conduct, providing additional regulation of those attempting to influence federal decision making.

Among other provisions, the new code creates a “sense of obligation” test, prohibiting a lobbyist from lobbying an official where they share a relationship close enough to create a sense of obligation. Additionally, the new code prohibits a lobbyist from providing gifts to a government official, regardless of whether or not the official is being lobbied.

The code’s effective date has yet to be determined; however, it is expected to take effect sometime after the summer.

The 99th Illinois General Assembly adjourned its spring session on May 31, 2015. Pursuant to House Joint Resolution 85 and upon the call of the Speaker and Senate President, both chambers will remain in continuous session after failing to reach a conclusion on a balanced budget by Sunday’s scheduled adjournment deadline.

The House stands adjourned until Thursday, June 4; the Senate stands adjourned until Tuesday, June 9. Legislators must work quickly to agree on a balanced budget before the new fiscal year begins on July 1.

The 2015 78th Regular Session of the Nevada Legislature adjourned sine die on June 1, 2015. Once the governor receives any remaining bills passed by the Legislature, he has 10 days to veto or sign the legislation.

Photo of the Nevada Legislative Building by Ryan Jerz on Wikimedia Commons.

Lobbying

“Bottom Line” in The Hill.

“Feds have few tools to track foreign lobbying” by Julian Hattem in The Hill.

“Squire Patton Boggs turns 1” by Megan R. Wilson in The Hill.

“Hastert’s Lobbying Firm Rocked by His Indictment” by Kate Ackley in Roll Call.

Kansas: “Kansas Lawmakers Approve Changes In Election, Lobbying Laws” by The Associated Press on KMUW Witchita Public Radio.

Campaign Finance

“Poll Shows Americans Favor Overhaul of Campaign Financing” by Nicholas Confessore and Megan Thee-Brenan in The New York Times.

“Why States’ Campaign Donation Limits Could Be in Jeopardy” by Alan Greenblatt in Governing.

Ethics

“Hastert to appear before judge who donated to campaign” by Michael Tarm and Sara Burnett (Associated Press) in the San Francisco Chronicle.

“Dennis Hastert’s abrupt fall from college prestige” by Tarini Parti in Politico.

Pennsylvania: “2 Philadelphia Democrats Plead Guilty in Sting Case” by Angela Couloumbis and Craig R. McCoy in Governing.

Redistricting

Texas: “U.S. Supreme Court Takes On Texas Redistricting Case” by Patrick Svitek in Governing.

Government Tech

“Should Governments Trademark Twitter Hashtags?” by Brian Heaton in GovTech.

Today the Legislature adjourned sine die. Gov. Greg Abbott has 20 days after transmittal of bills sent at the end of the session to sign or veto the legislation. If the governor does not act on a bill, it becomes law.

The North Dakota Legislature is set to reconvene for a special session on June 16, 2015. The House and Senate failed to reach an agreement during the regular session on a budget bill for the public employee retirement system and the state retirement and investment office.

Only two days remain of the 80 legislative days allowed every two years, but leaders of both chambers are confident a compromise will be reached in time.

Photo of the North Dakota State Capitol by MatthewUND on Wikimedia Commons.