A new web tool is available to follow the money in November’s mayoral election race. The Open Disclosure project is the product of a partnership between the Public Ethics Commission and OpenOakland, a civic innovation organization.

The project displays campaign finance data for the 15 mayoral candidates in a user friendly way, allowing the public to quickly see who is contributing, where they are contributing from, and in what amounts.  Developers hope to expand the contribution information to all elected races in Oakland.

The information is available here.

Missouri state lawmakers returned to Jefferson City today to start the veto session.

During the regular session, Gov. Jay Nixon vetoed 33 regular bills and made line-item vetoes to hundreds of items in the state operating budget.

Lawmakers were expected to prepare for a three-day session due to the historical number of vetoes to consider.

Photo of the Missouri Capitol by Nickbigd on Wikimedia Commons.

Gov. Brian Sandoval ordered the Nevada Legislature into special session beginning Wednesday, September 10, 2014.

The purpose of the special session is to consider tax breaks offered to Tesla Motors in exchange for locating a battery plant in Nevada.

Photo of the Nevada Legislature courtesy of Dave Parker on Wikimedia Commons.

Lobbying

“Lobbying World” in The Hill.

“Inside NFL’s lobbyist draft drama” by Anna Palmer and John Bresnahan in Politico.

“Jim Nussle lands credit union job” by Megan R. Wilson in The Hill.

“These 2 Billionaires Spend More on Lobbying for Their Pet Issues Than Most Industries” by Tess VandenDolder in InTheCapital.

“Former Sen. John Breaux says he and Trent Lott are not lobbying for Russian bank” by Bruce Alpert in the Times-Picayune.

“Lobbyists ‘who know what’s good for them’ lose ball game to lawmakers” by Crystal Hill in The Hill.

Campaign Finance

Arizona: “Clean Elections chief: Horne broke campaign law” by Bob Christie (Associated Press) in the Arizona Daily Sun.

Maryland: “Maryland Democratic Party targets use of campaign bus by GOP’s Hogan” by John Wagner in The Washington Post.

Wisconsin: “Wisconsin prosecutors seek ruling to restart campaign finance probe” by Brendan O’Brien and Mary Wisniewski in Reuters.

Ethics

Ohio: “Senate ethics allegations stir prosecutor’s interest” by Jeremy Pelzer in the Cleveland Plain Dealer.

Virginia: “Va. voters agree with McDonnells’ guilty verdict, want stronger ethics laws, poll finds” by Jenna Portnoy in The Washington Post.

Virginia: “Top Virginia lawmakers back stiffer ethics law after ex-governor’s conviction” by Gary Robertson in Reuters.

Elections

“2014 Election Primary Results” in Politico.

“2014 Governors Races: The Tossups” by Louis Jacobson in Governing.

“2014 Governors Races: Where Republicans Are Likely to Win” by Louis Jacobson in Governing.

“2014 Governors Races: Where Democrats Are Likely to Win” by Louis Jacobson in Governing.

“Scott Brown cruises in NH Senate primary” by Alexandra Jaffe in The Hill.

Legislative Sessions

Missouri: “Missouri Veto Session starts today in Jefferson City” by Korey Johnson in the Daily Journal.

Nevada: “Sandoval issues proclamation, calls special session for Tesla deal” by Laura Myers in the Las Vegas Review-Journal.

Tech and Social Media

“Breaking Government’s Cloud Procurement Gridlock” by Brian Heaton in Government Technology.

Governor Earl Ray Tomblin will not call a special legislative session to make changes to a new law regulating above-ground storage tanks. The law, created in response to the chemical contamination of drinking water for 300,000 people, sets a January 1 deadline for the implementation of tank inspections.

Lawmakers urged the governor to call a special session, believing that the deadline is unattainable and overly burdensome. Gov. Tomblin instead plans to use administrative means to adjust the law, placing greater focus on high risk areas and hazardous materials.

Q. I provided a state legislator with a permissible gift.  I will be sure to include it on my next report.  Is there anything else I need to know regarding proper disclosure of this expenditure.

A. There are sometimes additional disclosure requirements related to an expenditure on a covered state official or employee.  You should be sure to consider two possibilities: a notification to the official or a supplemental report in addition to your routine lobbying report.

A number of states have a notification requirement if you are going to list the name of a covered public official on your lobbying report.  For example, Illinois actually requires two notifications.  You must provide the official with a contemporaneous notification at the time of the expenditure, and a post- notification is required within 30 days after the report has been filed.  In other jurisdictions, the notification is related to whether you must itemize the expenditure or list the official’s name on your report.  In Arkansas, you must list the state official’s name if payment for food (including beverages), lodging, or travel is in excess of $40.  Once the official is named on your report, you must provide him or her with a notification of this at least seven working days prior to the filing of your report.  Pennsylvania imposes a yearly aggregate threshold on the listing of an official on the principal’s lobbying report and corresponding required notification.  This threshold is $250 per calendar year for gifts and $650 per calendar year for transportation, lodging, and/or hospitality (which includes food and beverage).  Please keep in mind that notifications are not filed with the state, but sent to the official named on your report.

Some jurisdictions require an additional report to be filed with the state when making certain permissible expenditures.  For example, if you invite all members of a Maryland legislative unit to a meal or reception, you must extend a written invitation to all members of the legislative unit and register the meal or reception with the Maryland Department of Legislative Services at least five days before the date of the meal or reception.  You must then report the details of the meal or reception to the Maryland Ethics Commission within 14 days after the date of the meal or reception.  In Indiana, you must file a report within 15 days if you make a gift or gifts to a legislative person if the value of the gift or gifts equals $50 or more in one day or together totals more than $250 in a reporting year.

Proper disclosure of a permissible expenditure can include additional steps.  Be sure to check with your jurisdiction’s ethics agency to ensure all disclosure requirements are met.

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.

The state ethics commission is preparing to amend rules regarding campaign finance and lobbyist reporting. The campaign finance changes include allowing the commission to raise or lower campaign contribution limits at the end of four-year election cycles rather than every calendar year. The rules would also clarify only contributions to candidates can trigger the $25,000 annual registration and reporting threshold for individuals or entities making contributions.

Lobbying amendments would require reporting for gifts to family of officials and permit gift splitting by multiple lobbyists so long as a single lobbyist does not exceed the $75 limits.

A public hearing on the proposed changes is scheduled for September 30, 2014.

A federal judge entered a preliminary injunction in favor of a conservative group challenging the state’s limits on the amount candidates can collect from political action committees. The group argued the limits infringed upon its First Amendment free speech rights.

The judge agreed and issued a preliminary injunction preventing the Government Accountability Board from enforcing the limit.

Lobbying

“Bottom Line” in The Hill.

“The billionaires who bailed out K Street” by Byron Tau in Politico.

“K Street’s Russian bonanza” by Byron Tau in Politico.

“Wall Street floods feds with proposals to cut red tape” by Ben Goad in The Hill.

Campaign Finance

“Campaign finance debate a partisan flashpoint as it moves to Senate floor” by Matea Gold in The Washington Post.

“Senate advances constitutional amendment” by Burgess Everett in Politico.

“Constitutional Amendment Debate Roils ACLU | Rules of the Game” by Elizabeth Newlin Carney in Roll Call.

Wisconsin: “Judge orders state not to enforce PAC limits law” by Scott Bauer (Associated Press) in Bloomberg Businessweek.

Wisconsin: “Mega-donors rush in after campaign-giving cap removed” by Patrick Marley and Kevin Crowe in the Milwaukee Journal Sentinel.

Ethics

“Spurned Staffer Sends Email Accusing Top Republican of Ethics Violations” by Matt Fuller in Roll Call.

Congress

“September Congressional Agenda: Must-Pass Bills and Messaging Gambits” by Emma Dumain in Roll Call.

“Lameness of Post-Election Session Could Hinge on Results” by Niels Lesniewski and Bridget Bowman in Roll Call.

State Legislatures

Missouri: “Battle over money anticipated during Missouri veto session” by Alex Stuckey in the St. Louis Post-Dispatch.

Nebraska: “Women will remain minority in Nebraska Legislature” by The Associated Press in the Omaha World-Herald.

Elections

“The Final Primary Elections: New Hampshire, Massachusetts, Delaware, Rhode Island and New York Vote” by Shushannah Walshe on ABC News.

“7 questions for final primary night” by Kyle Cheney, James Hohmann, Elizabeth Titus and Steven Shepard in Politico.

“4 Things to Watch in the Final Primaries of 2014” by Emily Cahn in Politico.

Tech and Social Media

“Livestream: Nextgov Prime 2014” on Nextgov.

“Why Can’t Government Websites Be More Like Amazon?” by Rebecca Carroll in Nextgov.

Nevada Gov. Brian Sandoval may call the Legislature into a special session as soon as Wednesday to approve a plan for the $5 billion Tesla plant in the state.

According the Los Angeles Times, the electric car company and the state have reached an agreement to have Tesla manufacture batteries in Nevada. The Office of the Governor predicts the proposed lithium-ion battery plant would create 6,500 factory jobs and 16,000 other jobs, including 3,000 in construction.

The Los Angeles Times reports the Legislature is required to enact parts of the agreement in order for the deal to go through. This includes allowing Tesla to “receive up to a 100% tax abatement for the next 20 years for all sales tax, and up to a 100% tax abatement for the next 10 years for all real property tax, personal property tax and modified business tax,” according the Los Angeles Times.

I figured it is time to list the states I still need to visit. In this government relations industry, we have the opportunity to go to many states. And, with two meetings in Anchorage, many of our colleagues have seen them all from Alabama to Wyoming.

I started a list a year ago when Sen. Bruce Starr from Oregon was elected president of NCSL and had scheduled an executive committee meeting. But, alas, I was unable to attend, so it remains on the list.

Here is a list of the states. What are your outstanding ones? And, if any of you have Ohio on that list, you need to call me to attend any of a number sporting events or a visit to the Rock and Roll Hall of Fame. I personally have season tickets to the home games of both the University of Akron and Kent State University…Now, those are hot teams!

Back to the subject. I am now down to the final seven (7) and know in 2015 one will be knocked off the list because of CSG’s Midwest Legislative Conference.

1. Alabama — Lost a chance in 2013 when Kent State University was in the football playoffs but could not get back in time for business meetings.
2. Hawaii — Big surprise this is still on my list.
3. Montana — Does this state still not have a speed limit? That’s what David Letterman says.
4. North Dakota — Ding, ding, ding…Off the list in 2015.
5. Oregon — Hmm. Maybe a trip to Nike is in order.
6. South Dakota — Could I knock off this state after MLC next year?
7. Wyoming — I guess we have to go to Jackson Hole.

It is possible. It is not a race…just a goal to finish.

Until next month, put your list together of states still left to see.

Thank you,

Elizabeth Z. Bartz
President and CEO
@elizabethbartz

On September 4, 2014, Gov. Jack Markell signed House Bill 13 into law.

Under the bill, any person who served as a member of the Delaware General Assembly is prohibited from acting as a lobbyist for one year after the person’s term of office is completed.

The bill takes effect January 1, 2017.

Lobbying

“Nonprofit puts Federal Lobbying Database on the Internet for everybody” by Mark Tapscott in the Washington Examiner.

“David Plouffe joins Uber as lobbyist” by Thomas Lifson in American Thinker.

“Saab registers lobbyist to work on drone policy” by Megan R. Wilson in The Hill.

Delaware: “Lawmakers must wait to lobby under new law” by Jonathan Starkey in The News Journal.

Florida: “Was Miami-Dade lobbyist a ‘patriot’ or ‘snitch’ in FBI sting of local politicians?” by Jay Weaver in the Miami Herald.

New York: “Just don’t call these consultants lobbyists” by Chris Bragg in Crain’s New York.

Pennsylvania: “Lawyer wants to stop convicted Pa. lawmakers from lobbying” by Brad Bumsted in the Tribune-Review.

Campaign Finance

“GOP mulls campaign finance debate” by Burgess Everett in Politico.

District of Columbia: “Former Gray Campaign Driver Pleads Guilty to Role in ‘Uncle Earl’ Conspiracy” by Hannah Hess in Roll Call.

Louisiana: “Campaign finance money starts rolling in” by Vickie Welborn in The Shreveport Times.

Michigan: “Money talks in the shadows: How lawmakers, lobbyists quietly bypass state’s murky political spending rules” by Chris Gautz in Crain’s Detroit.

Montana: “Nonprofit wants Montana campaign finance laws ruled unconstitutional” by Matt Volz (Associated Press) in The Missoulian.

Ethics

“Sunlight Foundation picks new chief” by Daniel Lippman in Politico.

Florida: “Commission vote on ethics sparked ballot initiative” by Jeff Burlew in the Tallahassee Democrat.

Georgia: “Ga. ethics agency chief placed on administrative leave with pay after being fined by judge” by Christina Cassidy (Associated Press) in The Republic.

New York: “For New York Legislators, Indictments Are No Obstacle to Seeking Re-election” by Matt Flegenheimer in The New York Times.

West Virginia: “Ethics commission searches for permanent leader” by Dave Boucher in the Logan Banner.

West Virginia: “West Virginia ethics panel requests more funding as complaints nearly quadruple over 3 years” by The Associated Press in The Republic.

Valerie Jepson began her term as the city’s new integrity commissioner on September 6. Jepson, whose appointment was approved by the City Council in June, replaces Janet Leiper, the commissioner since 1999. Jepson was counsel for the Office of the Ontario Integrity Commissioner since 2007.