LobbyComply Blog

City Council is preparing to hold a final vote on the Oakland Government Ethics Act after voters overwhelmingly approved a measure to strengthen the city’s Public Ethics Commission (PEC). Measure CC, a charter amendment, gives the PEC authority to enforce the city’s lobbying laws and to levy fines in excess of $1,000 for violations.

The Oakland Government Ethics Act compliments the charter amendment by providing a new set of ethics rules including a revolving-door provision and a new lower annual gift limit of $250. Gifts from persons who do business or seek to do business with the city would further be limited to $50 annually.

The council is scheduled to hold a final vote on the legislation on December 9, 2014.

This week we visit the state of Colorado and its capitol building.

Located in the “Mile High City” of Denver, the capitol building was constructed in the 1890’s, and almost two decades later a 24 karat gold plated dome was added in commemoration of Colorado’s gold rush days.

The building’s exterior is composed of Colorado white granite, while its interior contains two rare types of marble: rose and mauve. In fact, the marble was so rare that its known supply was completely used up in the construction of the capitol, a process that took six years to complete. In fact, the building itself was composed with the nation’s capitol in mind.

The interior is composed of brass and stained glass with the dome towering 180 feet above. Inside you’ll find beautifully painted portraits of each U.S. president from Washington to Clinton. On the first floor are the offices of the Governor and Lt. Governor.

The capitol also serves as the center for legislation, housing the House and Senate Chambers, as well as the Legislative Hearing Room, which was formerly the state Supreme Court Chambers. The House of Representatives Gallery and the Senate Gallery are magnificently decorated with beautiful stained glass pieces as well as embedded brass, its luxurious features complemented with comfortable theater seating.

Thank you once again for joining us this week during our exploration of and education on the wonderful state of Colorado’s capitol. You can take a virtual tour of the Colorado Capitol, or arrange for an actual tour here.

Don’t forget to join us as we take on yet another statehouse!

Photo of the Colorado State Capitol by Greg O’Beirne on Wikimedia Commons.

Lobbying

“Know Before You Go: An ethics overview for Capitol Hill holiday parties” by Kate Ackley for Roll Call

Campaign Finance

“Supervisors Will Give Controversial FPPC Monitoring Plan another Try” by Norberto Santana, Jr. for Kitsap Sun

“Federal Appeals Court Upholds Braddock’s Sentence” by Hugh McQuaid for CTNewsJunkie.com

“Hogan Won with Public Money, but Replenishing the Fund is Uncertain” by John Wagner for Washington Post

“Federal Judge Tosses out FEC Donor Disclosure Rule, Calling it Too Narrow” by Matea Gold for Washington Post

Ethics

Florida: “Broward’s Sharief to Admit Guilt, Accept $3,000 Fine in Ethics Case” by Brittany Wallman for South Florida Sun Sentinel

Indiana: “Legislative Ethics Reformers Walk Fine Line” by Dan Carden for Northwest Indiana Times

Missouri: “Missouri Lawmakers Face Renewed Calls to Change Loose Ethics Laws” by Jason Hancock for Kansas City Star

New Jersey: “Port Authority Employees with Political Ties Still on Job” by Martin Braun for Bloomberg News

Ohio: “Amer Ahmad Sentenced to 15 Years in Prison for Corruption Plot” by Jeremy Pelzer for Cleveland Plain Dealer

Q. For federal income tax purposes, our organization has been using the aggregate amounts reported on our quarterly LD-2 lobbying activity report as our nondeductible lobbying expenses.  Can the expenditures we compile for LDA reporting be used interchangeably for tax purposes?

A. In a word: maybe – It depends on the method of LDA reporting you’ve opted to follow.  If you file your LD-2 report using the IRC definitions (method C), then the number you compile and report on your LD-2 can be used interchangeably for tax purposes.  However, if you compile and report your quarterly lobbying expenditures using LDA definitions (method A), the results will not accurately reflect nondeductible lobbying expenses as defined by the IRS.  Because the definition of “lobbying” differs between the LDA and the IRC, the two compilation methods will produce very different results.  If you use LDA definitions to compile your quarterly LD-2, your organization must employ a second process by which to determine your nondeductible lobbying expenses for tax purposes.  A lobbying registrant can determine each year which method they will use to compile the LD-2 report.  Once a method has been selected, a registrant must use that method for all four quarterly reports during that year.

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.

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

December 3   Ohio Society Holiday Party; Washington, DC

December 6-10   COGEL, Pittsburgh, Pennsylvania

December 9-12   NCSL Fall Forum, Washington, DC

January 8-11   NCSL Executive Committee Meeting, New Orleans, Louisiana

January 9-11   Women In Government Annual Meeting, St. Petersburg Beach, Florida

January 11-16   Public Affairs Institute, Laguna Beach, California

Gov. Terry Branstad has called a special election for state Senate District 12. The special election is scheduled for December 30, 2014.

The election will fill the vacancy left by Joni Ernst, who resigned from the state senate after being elected to the U.S. Senate in November 2014. Ernst’s former senate district includes Fremont, Mills, Montgomery, Page, Ringgold, and Taylor counties.

On November 27, the third session of the 40th parliament of the British Columbia Legislative Assembly adjourned for the year. The Legislature did not pass Bill M202, the Election Finance Amendment Act. It would have restricted political contributions to donations made by individual residents of the province and eliminated corporate, union, and out-of-province donations.

Photo of the main block of the British Columbia Parliament Buildings by Ryan Bushby on Wikimedia Commons.

Lobbying

“Bottom Line” in The Hill.

“Job market cools for former lawmakers” by Megan R. Wilson in The Hill.

“Photojournalists hire lobbyists to work on drone rules” by Julian Hattem in The Hill.

Maryland: “With Hogan coming, Annapolis lobbying firms beef up their Republican credentials” by John Wagner in The Washington Post.

Campaign Finance

“Mitch McConnell Rider Could Roll Back Campaign Finance Laws” by Paul Blumenthal in The Huffington Post.

Arkansas: “2016 Campaign Finance Ballot Proposal Submitted To Arkansas Attorney General” by Jacob Kauffman on UALR Public Radio.

Ethics

Maine: “New Maine lawmakers learning about ethics, open records” by The Associated Press in Seacoast Online.

Virginia: “Ethics Commission Recommends New Gift-Giving Rules for Va. Lawmakers” by The Associated Press in The Charlottesville Newsplex.

Elections

New Jersey: “New Jersey Senate votes to expand early voting” by Dustin Racioppi in NorthJersey.com.

Vermont: “The Governor’s Race That Still Isn’t Over: Vermont” by Alan Greenblatt in Governing.

Congress

“Spending, Immigration, and Tax Fights Will Dominate Final Days of 113th Congress” by Billy Housew and Sarah Mimms in Government Executive.

“Congress on the brink” by Jake Sherman and John Bresnahan in Politico.

“Harry Reid threatens recess, Christmas” by Burgess Everett in Politico.

Tech and Social Media

“4 Trends to Watch in 2015” by Stephen Goldsmith in Government Technology.

In an about-face, Gov. Jay Nixon announced a special session is not necessary.

After alerting the Legislature he was planning on calling a special session, legislative leaders suggested the governor already possessed the power required to ensure Missouri Highway Patrol officers and Missouri National Guard troops were paid for the time spent dealing with unrest in Ferguson.

The governor agreed with the leadership’s suggested interpretation of the law and declared the special session no longer necessary.

Photo of the statue of Thomas Jefferson at the south entrance of the Missouri State Capitol by Nickbigd on Wikimedia Commons.

If you are in a panic about 2015, relax, we have you covered. The list attached shows all of the jurisdictions included in the State and Federal Communications website. Every state in our country will be in session in 2015 and those cities and counties are not going to sit back and do nothing. They will all be busy.

We are happy to report our list of municipalities continues to grow and many more will be added along with the U.S. territories of Guam, American Samoa, the Northern Mariana Islands, and the U.S. Virgin Islands.

So many of our clients are drilling down from the states and going to cities and counties, and those jurisdictions do not always follow state rule. We have always emphasized doing your homework before venturing into a state, and our website can help when you are planning your municipality work.

Stay tuned…We are venturing into unknown territory in 2015 and reviewing international lobbying and campaign finance laws.  Who knows where this will take us.

In the meantime, State and Federal Communications wishes our clients and friends a very happy holiday season and we looking forward to seeing you in the New Year.

click here to view

Thank you,

Elizabeth Z. Bartz
President and CEO
@elizabethbartz

Gov. Mike Beebe has scheduled a special election on April 14, 2015, to fill the state Senate seat vacated by Michael Lamoureux. The primary will be January 13 and a primary runoff, if necessary, on February 10. Lamoureux vacated the seat in Senate District 16 to take a position as Gov.-elect Asa Hutchinson’s chief of staff.

The 2015 legislative session will be conducted by a 34-seat Senate unless the session runs for more than three months.

Gov. Jay Nixon has informed legislative leaders he would be calling a special session to address funding issues related to the deployment of Missouri National Guard troops and Missouri State Highway Patrol officers in the city of Ferguson.

Gov. Nixon has yet to issue a formal call with the convening date for the session, but has stated he will do so shortly.

Photo of Gov. Jay Nixon by Bernard Pollack on Wikimedia Commons.

Rep. Mickey Channell has announced his intention to resign soon after the new session starts on January 12, 2015.

Channell is stepping down after 22 years in the Legislature because of health reasons.

The Green County Republican represents House District 120, which includes the counties of Greene, Oglethorpe, Wilkes, Taliaferro, and part of Putnam.