State and Federal Communications is the proud sponsor of the closing session at the Professional Women in Advocacy Conference on December 10, 2013. The event, which is designed for people engaged in all forms of advocacy, will be held in Washington, D.C. from December 9-10, 2013.

According to the organization’s website: “To give us a strong close to our conference and leave participants with plenty of food for thought, State & Federal Communications will present a session called “Been There Done That.”  This discussion features Moderator Sam Bennett, President of the Women’s Campaign Fund, Former U.S. Senator Blanche Lincoln and Former U.S. Representative Mary Bono. These accomplished women will discuss their path to leadership and their post public office success in the world of advocacy.  Tuesday, December 10th at 2:15pm.”

We are also excited to have another strong presence at this exciting conference. Federal Compliance Associate Rebecca South and Marketing Manager Melissa Coultas will be attending. Rebecca South will also be offering the presentation “Mentor Center: Public Speaking” on Tuesday, December 10.

City Council President Herb Wesson abandoned a plan to increase the value of gifts lawmakers can accept from companies seeking city contracts, opting to leave the amount unchanged at $100.

In October, City Council instructed the city’s lawyers to draft an ordinance increasing the gift limit to $150, despite a recommendation by the Ethics Commission to prohibit most gifts of any value.

The city’s ethics law will continue to bar lobbyists from giving gifts to elected officials and other high-level decision makers.

Those who do not have business before the city will continue to be permitted to give gifts to elected officials within the state limit of $440 per year. –

State and Federal Communications has a team of eight leaving tomorrow to attend the 2013 Council on Government Ethics Laws (COGEL) Annual Conference! It will be held from December 8-11 in Quebec City.

We never miss a COGEL conference, and this one should prove to be exciting. It will be good to see many familiar faces.

Here is what the COGEL website says about this year’s event:

This year’s conference brings us to the majestic Le Chateau Frontenac, a National Historic Site of Canada. This picture-perfect hotel is nestled in Old Quebec City, an enchanting destination that will be decked out for the holidays in December. Quebec City itself is a UNESCO Heritage Site and its cobble-stoned streets will lead you to charming neighborhood bistros, quaint shops and delicious bakeries. You will be steps away from historical attractions, shopping and plenty of attractions for you and your family.

Whether you are a first-time attendee or a veteran, engaging and informative sessions await you, all directly related to your work. You will learn about the latest legal developments, share important tips and best practices with COGEL partners and capture new ideas to take back to your office.

The photo of Le Chateau Frontenac courtesy of AirBete on Wikimedia Commons.

Q. Our company, a federal registrant, is a member of numerous outside organizations.  We join many of these organizations for reasons other than their lobbying/government relations activities.  Even so, some of the organizations allocate a percentage of dues toward lobbying activities.  If we are not actively engaged in supporting the organization’s lobbying efforts, do we still need to include the lobbying allocation in our good faith estimate of lobbying expenditures.

A. Yes. The disclosure requirement in this regard is not dependent on the rationale behind why a registrant joins any given membership organization.  The reporting mandate requires every registrant to track and ascertain what portion, if any, of all dues it pays is used for lobbying activities.  The registrant is then required to include those allocations in their total lobbying expenses reported.

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.

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

December 3, 2013   Weatherhead 100, Cleveland, Ohio

December 3, 2013   State and Federal Communications, Inc. Holiday Party, Akron, Ohio

December 3, 2013   Ohio Holiday Party, Washington, D.C.

December 4, 2013   NCSL Foundation Dinner, Washington, D.C.

December 4-7, 2013   NCSL Fall Forum, Washington, D.C.

December 5, 2013   Reception honoring Sen. Debbie Smith, NCSL President-elect

December 8-10, 2013  Council on Government Ethics Laws Annual Conference, Quebec City, Quebec

December 12, 2013   SGAC Holiday Party, Washington, D.C.

December 12, 2013   DDC Holiday Party, Washington, D.C.

December 17, 2013   WASRG Holiday Happy Hour for the Kids, Washington, D.C.

January 12-16, 2014   Public Affairs Institute, Laguna Beach, California

January 22-24, 2014   United States Conference of Mayors 2014 Winter Meeting, Washington, D.C.

National:

ALEC Facing Funding Crisis from Donor Exodus in Wake of Trayvon Martin Row

The Guardian – Ed Pilkington and Suzanne Goldenberg | Published: 12/3/2013

A conservative group that critics say has undue influence on public policy faces a funding crisis and possible legal trouble, show internal documents. The documents indicate the American Legislative Exchange Council is appealing to major donors for help in averting a financial crisis, and is establishing a new project with a different name to help remove “questions of ethical violations made by our critics and state ethics boards,” reported The Guardian.

State Supreme Court Judges Reveal Scant Financial Information

The Center for Public Integrity – Reity O’Brien, Kytja Weir, and Chris Young | Published: 12/4/2013

All 50 states and the District of Columbia have more lax financial disclosure rules for their high court justices than the disclosure requirements for federal judges, according to an analysis by the Center for Public Integrity. Some states do not require any disclosure of gifts to judges; others have limits but with loopholes. The center cited Iowa, which allows these judges to receive gifts worth any amount for their wedding or for their 25th and 50th wedding anniversaries.

Federal:

Capitol Metrics Bridges Lobbying and Data

Washington Post – Catherine Ho | Published: 12/1/2013

There were not many data-driven resources for lobbyists to research their competitors or potential merger partners. Then John Brain got the idea to create Capitol Metrics. It compiles lists of the top lobby firms by revenue, as well as the companies and associations that are spending the most on lobbying. Capitol Metrics also breaks down some of the data and packages it in a way that a lobbyist can better spot opportunities to pick up new business.

SEC Backs Off Corporate Giving Regs

The Hill – Ben Goad | Published: 12/2/2013

The Securities and Exchange Commission dropped a proposal to require publicly traded firms to disclose campaign spending to their shareholders from its list of regulatory priorities, a potential setback for watchdogs looking for ways to force some of the anonymous money in elections into public view. The issue drew more than 650,000 written comments, along with rebukes from trade groups, which argued the push was intended to silence of voice of business in politics.

From the States and Municipalities:

Arizona – Donation Cap for Political Campaigns Still in Place, for Now

East Valley Tribune – Howard Fischer (Capitol Media Services) | Published: 11/26/2013

The Arizona Supreme Court rejected a bid by top Republican lawmakers to allow campaign donors to give more while the justices review the legality of the increase. The justices agreed to give the GOP interests a chance to convince them the Court of Appeals erred in ruling the Legislature acted unconstitutionally earlier this year in approving the sharp increase. A hearing is set for December 17.

District of Columbia – Council Unanimously Approves Campaign Finance Reform Legislation

DCist.com – Matt Cohen and Sarah Anne Hughes | Published: 12/4/2013

The District of Columbia Council unanimously passed a campaign finance reform bill recently. The legislation will restrict contributions from related businesses and require campaigns to report all fundraising data online. The bill also limits money order donations to $100. Lobbyists will have to disclose any contributions bundled and forwarded to a campaign.

Louisiana – Super PAC Backing Sen. David Vitter Says State Has No Choice, Must Lift $100,000 Contribution Limit

New Orleans Times Picayune – Bruce Alpert | Published: 12/4/2013

The Fund for Louisiana’s Future, the super PAC created to support U.S. Sen. David Vitter, wants to end enforcement of the state’s $100,000 limit on independent committee donations. The U.S. Supreme Court’s 2010 ruling that equated spending on independent political expenditures with free speech, and a follow-up decision by a federal appeals court, makes it clear that such limits are unconstitutional, say lawyers for the PAC. Groups favoring limits on campaign spending do not necessarily disagree.

Minnesota – ‘Free Lunches’ Back on Menu for Minnesota Legislators

Minneapolis Star Tribune – Abby Simons | Published: 12/3/2013

For the first time in 19 years, Minnesota lawmakers and their staff will be allowed to eat and drink for free at receptions hosted by special interest groups, as long as all 201 legislators are invited at least five days in advance. Backers of the new law say the easing of what once was one of the strictest gift bans in the nation was needed as a way to restore camaraderie in an increasingly polarized Legislature. The law still prohibits lawmakers from accepting gifts in more exclusive gatherings.

Missouri – Prefiled Bills Suggest Ethics Reform on Agenda

Springfield News-Leader – Jonathan Shorman | Published: 12/4/2013

Eight ethics reform bills have been filed in the Missouri Senate by members of both parties. Senate Bill 486 would cap the amounts any one donor may give to a candidate: $25,000 for gubernatorial and statewide candidates, $10,000 for senators, and $2,500 for representatives and other public offices. Senate Bill 512 requires lawmakers to reimburse lobbyists for expenses within 30 days.

Nevada – Nevada Supreme Court Upholds Ethics Laws

San Francisco Chronicle – Sandra Chereb (Associated Press) | Published: 11/27/2013

The Nevada Supreme Court upheld the state Ethics Commission’s censure of a former Sparks City Council member who voted for a casino project even though his campaign manager was a consultant on the project. The decision reversed an earlier high court opinion that found the ethics law prohibited Councilperson Michael Carrigan from exercising his First Amendment rights to free speech.

New Mexico – New Mexico’s ‘Revolving Door’

Albuquerque Journal – Dan Boyd | Published: 11/29/2013

New Mexico lawmakers are free to resign one day and start lobbying the next. A recent report by a watchdog group identified 26 former legislators who work as lobbyists. Critics say the “revolving-door” practice erodes public trust in government by allowing former lawmakers to cash in on their expertise and connections with former colleagues.

New York – Report: Reform can’t wait

Albany Times Union – Casey Seiler | Published: 12/2/2013

A state commission investigating public corruption in New York recommended a system of public financing for state elections, an independent election-law enforcement agency, and stricter disclosure policies for legislators, saying a “permissive culture of both illegal and legal corruption” must change. Gov. Andrew Cuomo is expected to use the panel’s suggestions as the basis for a series of ethics law changes in 2014.

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

News You Can Use is a news service provided at no charge only to clients of our online Executive Source Guides, or ALERTS™ consulting clients.

Gov. Jerry Brown issued a proclamation declaring a special election for Senate District 23. The primary will be held on March 25, 2014.

If no candidate receives a majority of the votes, a special general election will be held June 3, 2014.

The vacancy occurred following the resignation by Bill Emmerson. Senate District 23 includes portions of Los Angeles, Riverside, and San Bernardino counties.

The Government Accountability Board has updated the lobbying website at https://lobbying.wi.gov.

Visitors to the site can search by lobbyist or lobbyist principal to view total lobbying hours by lobbyists and total lobbying expenditures by lobbyist principals.

A lobbyist principal’s entire report can also be accessed, including the subject matter of lobbying efforts.

One Virginia special election has been scheduled and another may be on the horizon. Governor Bob McDonnell set the special election to replace Del. Onzlee Ware in House District 11 for January 7.

Another election could follow soon after to replace attorney general-elect Mark Herring, currently serving as senator for the 33rd District. Although the State Board of Elections declared Sen. Herring the winner, a recount was requested by his opponent, Sen. Mark Obenshain. The recount is expected to be completed sometime in December.

The Washington, D.C. City Council unanimously approved a bill raising the city’s minimum wage to $11.50 per hour.

The Council must hold a final vote on the bill and send it to Mayor Vincent C. Gray before it becomes law. The final vote will probably occur early next year.

If the measure passes, the new minimum wage will take effect in 2016, making it one of the highest minimum wages in the country.

Lobbying

“Partying Within the Rules | K Street Files” by Kate Ackley in Roll Call.

“San Francisco sues former Supervisor Michael Yaki” by John Coté in the San Francisco Chronicle.

Campaign Finance

“Mitch McConnell’s Campaign Stumbles on Easy Steps” by Kent Cooper in Roll Call’s Political MoneyLine.

Delaware: “State prepares to roll out campaign finance website” by James Dawson on NPR.

New York: “Future Of Public Campaign Finance Uncertain” by Karen DeWitt in WAMC Northeast Public Radio.

Ethics

Hawaii: “City’s lawyer subverting ethics panel, director says” by Gordon Y.K. Pang in the Honolulu Star Advertiser.

Kentucky: “Ethics Reporter: Celebrating 20 years of one of most comprehensive ethics laws in nation” by the Kentucky Legislative Ethics Commission in KyForward.

Virginia: “Ethics reforms unlikely to include criminal penalties, Marshall says” by Andrew Cain in the Richmond Times-Dispatch.

Congress

“Play of the Day: The Do-Nothing Congress Sets a Record” by Reena Flores in Government Executive.

“ʹDo-Nothingʹ Label Belongs to Democrats, Boehner Says (Video)” by JM Rieger in Roll Call.

“Voting By Electronic Device — In the Senate?” by Niels Lesniewski in Roll Call.

Government Tech and Social Media

“Ruck.us Dies Down; Yet Another Political Social Network Goes Bust” by Micah Sifry in TechPresident.

“California Lt. Governor Wants Cloud and Open Data Policies” by Brian Heaton in Government Technology.

“In Ottawa, Open Data App Competition Mysteriously Disappears” by Jessica McKenzie in TechPresident.

“For Some Feds, the Mobile Revolution Means the Workday Never Ends” in NextGov.

At any given time, more than 1,000 legislative bills, which can affect how you do business as a government affairs professional, are being discussed in federal, state, and local jurisdictions. These bills are summarized in State and Federal Communications’ digital encyclopedias for lobbying laws, political contributions, and procurement lobbying and can be found in the client portion of our website.

Summaries of major bills are also included in monthly email updates sent to all clients. The chart below shows the number of bills we are tracking in regard to lobbying laws, political contributions, and procurement lobbying.

Carol Carson is the executive director of the Connecticut Office of Government Accountability. In September she provided her Top 10 Tips at the Practising Law Institute’s Campaign Finance and Lobbying program in Washington, DC.

10.   Register. Register. Register.

9.     In Connecticut, you are required to wear your lobbying badge… So wear your lobbying badge.

8.     Keep contemporaneous records.

7.     Get advice from the agency. We are here to help.

6.     If you mess up, fess up.

5.     Don’t play us.

4.     Work with us.

3.     Lobbying is a self-policing industry.

2.     Video surveillance is everywhere.

1.   We would rather help you get it right then catch you doing it wrong.

We are huge fans of Carol Carson because she is out there working with the registered community to file accurate and timely reports. Everyone should use her Top 10 Tips to manage compliance.

It is a busy time of the year. Make sure your 2014 registrations are in order. Need help, call us. We Comply.

Thank you,

Elizabeth Bartz

President and CEO

@elizabethbartz