Lobbying

“Lobbying registrations for April return to numbers not seen since 2011” by Catherine Ho in the Washington Post.

“Taxpayers footing $3 million lobbying bill for local governments” by Andrew Doughman in the Las Vegas Sun.

“Do lobbyist spending reports measure influence?” by Andrew Doughman in the Las Vegas Sun.

New York: “Lobbying group donations fall off with new NY rule” by The Associated Press in Bloomberg BusinessWeek.

Tennessee: “Lobbying still thriving business in Nashville” by Tom Humphrey in the Knoxville News.

Campaign Finance

Alabama: “Legislators’ to-do list for final day includes bills on guns, campaign finance, drug testing welfare applicants” by Mike Cason in the Birmingham News.

Arizona: “Director of Arizona campaign finance agency leaving” by The Associated Press in KTAR.

Vermont: “Galbraith angers Vt. Senate colleagues” by The Associated Press in the Boston Globe.

Ethics

“FEC revolving door spins ever so slowly” by Byron Tau in Politico.

New York: “N.Y. court upholds ethics commission subpoena power” by The Associated Press in the Albany Times Union.

Political Advertising

“Shedding light on anonymous ads” editorial by Sen. Ron Wyden and Sen. Lisa Murkowski in Politico.

Form the State Legislatures

Minnesota: “Minn. lawmakers enter homestretch of 2013 session” by The Associated Press in the Brainerd Dispatch.

North Carolina: “Dome: Jam-packed action expected in legislature for Crossover Week” by Mary Cornatzer and Lynn Bonner in the News & Observer.

North Carolina: “NC House wants many closed sessions recorded” by The Associated Press in the Winston-Salem Journal.

Redistricting

Florida: “Florida Supreme Court hears redistricting case” by Steve Bousquet in the Miami Herald.

Government Tech and Social Media

“What’s Your City Watching on YouTube?” by Eric Jaffe in Nextgov.

Bergen County, New Jersey County Executive Kathleen A. Donovan has vetoed the Board of Chosen Freeholders’ new pay-to-play ordinance that passed on May 1.

This is the second pay-to-play ordinance vetoed by the county executive in the last eight months. On October 5, 2012, Donovan had vetoed a prior pay-to-play measure passed by the Board.

In her press release, the county executive called the newer legislation “an ill-conceived attempt to weaken what has been described as one of the strongest ordinances banning pay-to-play in the State of New Jersey.” Among the reasons cited by Donovan for the veto of Freeholder Ordinance 13-06 are the increase in contribution limits and the weakening of penalties for those found in violation of the pay-to-play law.

Because the new ordinance initially passed by a 6-1 vote, the veto could be overridden by the Board in a future vote.

National:

States Try to Tackle ‘Secret Money’ in Politics

Federal:

Campaign Contribution Limits Broken Repeatedly In 2012 Election with No FEC Oversight

From the States and Municipalities:

Alabama – Campaign Finance Law Revisions Pass House; Headed Back to Senate

Georgia – Gov. Deal Signs Law capping Georgia Lobbyist Spending at $75 a Go

Hawaii – How One Lawmaker Blocks Hawaii’s Ethics Reforms Year after Year

Kansas – Seventy-Four Percent of Lobbyist Spending on Kansas Lawmakers Unaccounted For

New Jersey – Judge Approves $728,300 in Bonuses for Employees of Engineering Firm Accused of Campaign Finance Violations

New York – Senator in Corruption Case Spoke of Silencing Witnesses, Prosecutors Say

North Carolina – Private Conservative Group ALEC Carries Sway in Legislature

Pennsylvania – Orie Melvin Must Write Apology Letters to Pennsylvania Judges on Photos of Herself

South Carolina – South Carolina Sends Mark Sanford Back to House

Tennessee – Tom Ingram Faces Heat over Lobbying Pay

Texas – Lobby Disclosure of Consulting Ties Passes the Senate

Vermont – House OKs Cap on Donations to Super PACs

Washington – Lobbyists Spend Big Bucks on Dinners, Other Tabs for Lawmakers

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.

A bill requiring lobbyists to disclose work as campaign consultants passed in the Texas Legislature on May 9.

House Bill 1422 requires individuals registering as lobbyists with the state to include the full name and address of each person who compensates or reimburses the registrant, or person acting as an agent for the registrant, for services, including political consulting services, rendered by the registrant from:

• A political contribution;
• Interest received from a political contribution; or
• An asset purchased with a political contribution.

The legislation has been sent to Governor Rick Perry. If not vetoed, the bill will become law with or without his signature.

Q. My company is involved in an event where a meal and other gifts may be provided to public officials.  How do I know if this is permissible?

A. You must consider a number of issues any time you want to provide a gift to a public official.  In addition to consulting your company’s policies, you should answer the following questions:

• Is it a gift?  States often have exceptions to the definition of gift.  Arizona does not consider an expenditure for food, beverage, travel, or lodging to be a gift under state law.  A number of states do not consider things of value provided on the basis of a personal relationship or items of de minimis value to be gifts.
• Who is the giver?  Lobbyists are often subject to more stringent gift restrictions than non-lobbyists.  Florida prohibits any gifts from lobbyists to state officials and employees with very few exceptions.  However, if you are not registered as a lobbyist, you are permitted to give any gift if it is not given to influence any official action.  California imposes different gift limits; the limit is $10 or less per month for lobbyists and $440 or less per year for non-lobbyists.  Additional restrictions could apply if your company is a state contractor.  Connecticut does allow limited gifts from lobbyists and non-lobbyists.  However, state contractors must certify no gifts were made under certain circumstances.
• Who is the recipient?  The permissibility of a gift can depend on the branch of government or the seniority of the official or employee.  Maryland legislators may only accept food and beverage from lobbyists in very limited circumstances.  Executive branch officials may accept food and beverage if they are in the presence of the lobbyist. Delaware only restricts cabinet secretaries, division directors, and the governor’s professional staff from accepting gifts from lobbyists.

If you are anything less than 100% sure a gift is permissible, consult the state’s ethics agency.  Do not ask the official or employee involved!  He or she may not be familiar with the nuances of the state’s gift law.

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.

Governor Mike Pence has signed a bill to change legislative lobbying regulations. Enrolled Act 1222 expands the definition of lobbying to include communications with any employee of the legislative branch and requires lobbyists to file registration statements and activity reports electronically.

The bill also increases the annual lobbyist registration fee from $100 to $200 and makes the lobbyist registration year match the current lobbyist reporting periods. Lobbyist registration statements issued for 2013 will expire November 1, 2013.

Most of the bill’s provisions become effective July 1, 2013.

May 8-10, 2013   OSBA – Ohio State Bar Association Convention Booth 24, Cleveland, Ohio

May 16, 2013   WGR Spring Reception, Washington, D.C.

May 30-June 2, 2013   NCSL Executive Committee Spring Meeting, Boston, Massachusetts

June 2-5, 2013   Heartland Governmental Ethics Conference, Louisville, Kentucky

June 21-24, 2013   CSG Leadership Meeting, Washington, D.C.

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 the State and Federal Communications digital encyclopedias for lobbying laws, political contributions, and procurement lobbying, and can be found in the client portion of the State and Federal Communications’ website.

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

I am updating my article from a year ago when I first joined the Go Red For Women campaign in Akron. This year I was able to have my husband, JohnChames join me. (Yes, I put his first and last name together because there are a lot of Johns in my family. The only way to keep them separate is to use the last name.) If you recall last year’s photo you will notice this year a number of additional men joined the Red Tie Society.  If you haven’t found us in the picture, the hint is we are holding hands across the middle of the escalator at Macy’s.  And, yes, that is Jim Tressel near him.

Did you know American Heart Association recommends adults get at least 150 minutes a week of moderate intensity physical activity?  [That is about 22 minutes per day.] Here are some easy ways you can add physical activity into your daily life:

• Use  coffee breaks to take 5- or 10-minute walks. The weather is nice (except for Denver and Minneapolis) so time to pull out the sneakers and walk around the block.
• In parking lots, park your car as far away as you can. At State and Federal Communications, I have parking space #1 so I need to make sure I am walking up the stairs during the day to see the folks on the second floor—instead of taking the elevator.
• Get your personal heart-health status and learn how regular physical activity can help improve your health. Take the American Heart Association’s My Life Check assessment at mylifecheck.heart.org.
• Walk a flight of stairs 10 times a day. I am on my third Fitbit since last year and it helps track the steps and flights of stairs I take every day. And, as it relates to steps, try to reach 10,000 a day.
• Visit www.startwalkingnow.org to download the new Walking Path mobile phone application and find nearby walking paths, track your steps, and motivate your walking friends.

The American Heart Association’s mission is to build healthier lives, free of cardiovascular diseases and stroke.  Until next month, join the fight against women’s #1 killer—Heart Disease by donating to your local Heart Association.

Thanks,

Elizabeth Z. Bartz
President and CEO

Lobbying

“Lobbyists Snag Top Staff Positions on Capitol Hill” by Lee Fang in The Nation.

Tennessee: “Tom Ingram faces possible fine for failing to register as lobbyist” by Tom Humphrey in the Knoxville News.

Texas: “Lobbyist transparency bill sent to Perry” by The Associated Press in the Houston Chronicle.

Campaign Finance

FEC commissioners speak: “Hard truths of campaign finance” opinion piece by Donald F. McGahn, Caroline Hunter and Matthew Petersen in Politico.

“Why Big Money Still Won in 2012” by Jonathan Backer in the Huffington Post.

Alabama: “Bill before House today repeal state limit on corporate campaign contributions; Lawmaker says it’s a ‘pretend’ cap” by Kim Chandler in the Birmingham News.

New Jersey:  “Lawmakers Get Cold Feet About Campaign Finance” by Hank Kalet in NJ Spotlight.

New York: “Carlucci, other senators study plans for campaign finance reform” by Laura Incalcaterra in the Journal News.

Ethics

New York: “Ex-lawmaker to be sentenced in NYC in fraud case” by The Associated Press in the Arizona Daily Star.

Political Advertising

“House Backs Updating Rules on Political Ad Disclosures” by Becca Aaronson in the Texas Tribune.

Government Tech and Social Media

“Ohio City Deploys 2-in-1 Email and Social Media Archiving” by Sarah Rich in Government Technology.

Procurement

“Most Top Contractors Increased Business With Federal Government in 2012” by Eric Katz in Government Executive.

Lobbying

“K Street firms fear backlash from new scrutiny of political intel work” by Kevin Bogardus in The Hill.

“Dicks joins D.C. lobbying firm” by Jim Brunner in the Seattle Times.

“Congress Members Sprinting for Money to Lobbying After Election” by Jonathan Salant in Bloomberg BusinessWeek.

Delaware: “Del. House approves lobbying reform bill” by Randall Chase (Associated Press) in the News Times.

District of Columbia: “In D.C. Circuit, Lobbyists Fight Obama Lobbying Ban” by Andrew Ramonas in the Blog of Legal Times.

Tennessee: “Lobbyist On Payroll Of Both Governor, Special Interests” by Ben Hall on WTVF News.

Campaign Finance

“RNC urges Supreme Court to strike campaign-finance limits” by Sam Baker in The Hill.

“SEC Considering New Rule for Political Contributions by Public Companies” on PBS Newshour.

Arizona: “Senate lawmakers move to overhaul public financing” by The Associated Press in the Arizona Daily Sun.

Colorado: “Colorado Supreme Court hears 1st Amendment challenge to campaign finance law” by Matt Arnold in the Examiner.

New York: “Public Hearing in Albany Is Held Without the Public” by Thomas Kaplan and Jesse McKinley in The New York Times.

Vermont: “House OKs cap on donations to super PACs” by Peter Hirschfeld in the Rutland Herald.

Ethics

North Carolina: “9 Investigates: Needed changed in NC Ethics Commission operations” by Jim Bradley on WSOC TV News.

South Carolina: “SC Senate panel advances ethics reform” by Seanna Adcox (Associated Press) in the Spartanburg Herald-Journal.

Open Data

“A New Home for Data on Politics and State Governments” by Sarah Lai Stirland in TechPresident.

Governor Jay Inslee has signed a bill into law increasing disclosure in political advertising. Senate Bill 5258 was passed by the Washington State Legislature and delivered to the governor on April 23.

The bill requires a series of political advertisements supporting or opposing ballot measures sponsored by the same political committee, each of which is under $1,000, to include information on the advertisement’s top five contributors once the cumulative value of the advertisements reaches $1,000. Under the current law, information on the top five contributors is only required for individual advertisements in excess of $1,000.

This law will take effect on July 28, 2013, but with the first state elections not due to take place until 2014, we will probably not see how big of an impact this new disclosure requirement will have.

U.S. Senator Sherrod Brown offers his congratulations to State and Federal Communications on its 20th Anniversary! Sen. Brown attended Kent State University’s Washington Program in National Issues Celebration at the National Press Club in Washington, D.C. and generously took the time to offer this message: