A bill to change lobbying regulations has passed the House and is currently in the Senate Committee on Public Policy.

House Bill 1222 expands the definition of lobbying to include communications with any legislative employee 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 period.

The bill passed the House 94-0 on February 25, 2013.

Elizabeth Bartz, president and CEO of State and Federal Communications, and four of the company staff are attending the Public Affairs Council’s 37th Annual National PAC Conference in Miami Beach, Florida. We are excited about the conference, which runs from March 4-7 and boasts the theme: “Rethink. Reinvent. Reinvigorate.”

You can follow the conversations on Twitter with the hashtag #PAC13 and the handle @PACouncil.

State and Federal Communications is proud to be the sponsor for the Wi-Fi access for this conference.

Maybe we’ll see you there!

Lobbying

“Home Sweet K Street” by Kate Ackley in Roll Call.

Campaign Finance

“Political campaign finance reform advocates to hold ‘K Street 5K’ in DC, Apr 13” by Karen Ruben in The Examiner.

Arizona: “Arizona House legislation would allow for campaign finance changes” by Howard Fischer in the East Valley Tribune.

Georgia: “Florida’s ethics reforms offer glimpse of Georgia’s future” by Chris Joyner in the Atlanta Journal-Constitution.

New York: “NYC public advocate: State, local governments must lead efforts to regulate dark money” by Michael Beckel in the Center for Public Integrity.

Vermont: “New twist on campaign finance debate” by Peter Hirschfeld in the Times Argus.

West Virginia: “Senate President supports public campaign finance bill” on West Virginia Public Broadcasting.

Ethics

“Suit Over How Larry Craig Paid Legal Bills Heads To Court” by Jessica Robinson in Boise State Public Radio.

Florida: “Bill would strengthen Florida Commission on Ethics enforcement” by Jeff Marcu in First Coast News.

Tennessee: “Rep. Curry Todd lived rent-free in lobbyist’s home” by Nate Rau in The Tennessean.

Utah: “Senate panel advances bill for executive branch ethics commission” by Dennis Romboy in the Deseret News.

March 4-7, 2013   2013 National PAC Conference, Miami Beach, Florida

March 6, 2013   Ohio Birthday Party, Washington, D.C.

March 13-15, 2013   SGAC Annual Meeting, Savannah, Georgia

April 14-16, 2013   NASPO Conference, Indianapolis, Indiana

April 22-25, 2013   BIO International Convention, Chicago, Illinois

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.

This year’s push for ethics reform in several state legislatures could not happen fast enough for some elected officials. Georgia’s Senate and Missouri’s Secretary of State, Jason Kander, decided on day one to take matters into their own hands by adopting new gift rules for their respective offices.

The Georgia Senate imposed a $100 limit on gifts from lobbyists. Senators approved the gift cap on the opening day of the 2013 General Assembly session as part of new rules governing the chamber’s operations for the current two-year term. The new rule does not apply to travel costs or to gifts provided to groups of senators, including committees. The rule does allow lobbyists to give $100 gifts on multiple occasions. Meanwhile, House Speaker David Ralston has unveiled an ethics reform bill aimed at expanding the definition of a lobbyist and restricting lobbyist gifts. House Bill 142 would ban even the smallest expenditure of a lobbyist if for the benefit of a single member of the General Assembly. Lobbyists would still be permitted to spend on committees, caucuses, and expenses to public officers for trips to conferences and meetings.

Missouri Secretary of State Jason Kander, sworn in on January 14, 2013, announced a new ethics policy as part of his “Day 1 Achievements.” The new policy prohibits the staff in his office from accepting gifts from lobbyists. State administrative policy already curtails what state employees may accept from lobbyists, but agencies are free to adopt stricter guidelines. Additionally, Missouri’s House and Senate are both considering bills to curb lobbyist spending. House Bill 139 would prohibit General Assembly members, family, and staff from accepting more than $1,000 per calendar year from lobbyists. Senate Bill 181 would prohibit statewide elected officials, legislators, staff, employees, and family from accepting gifts over $50 from a lobbyist.

Do you remember this song from the Beatles?

 Well it was 20 years ago today,
Sgt. Pepper taught a band to play,
They’ve been going in and out of style,
But they’re guaranteed to raise a smile,
So may I introduce to you,
The act you’ve known for all these years,
Sgt.  Pepper’s Lonely hearts club band!

I like it because of the reference to 20 years ago, which is when I purchased the publications department from State and Federal Associates, Inc. and moved it all—furniture, files, clients, and my dog—to Akron, Ohio.

You will start seeing our new 20th anniversary logo, which is a huge deal for small businesses.

According to the U.S. Census Bureau, young businesses are those who have been open for fewer than three years, while mature businesses have existed for more than 10 years. Those who are between three and 10 years old are considered as relatively young.

The Bureau of Labor Statistics, a division within the Department of Labor, reported fewer  than 50 percent of small businesses successfully make it past four years of operation.  In fact, only 44 percent of business owners can hack it through four years of operation.  Nearly 65 percent of businesses successfully make it past the first two years.

In 2011, the Houston Chronicle had an article by David Kaplan titled, “Small business longevity takes true grit.”   It read: “A small business with a strong backbone can defy the odds and last a long time. What many local small-business survivors have in common are tenacious owners. In the current economy, such doggedness can be crucial.”

The actual day of State and Federal Communications’ anniversary is July 1st and you will see videos from people wishing us Happy Anniversary or Happy Birthday.  We will take the time to celebrate this milestone…but we will not stop working for you, our clients.

I checked back to the article in the July 2008 Compliance NOW when we celebrated our 15th anniversary. The products we offer have been streamlined and technology has helped make it easier and faster for us to send you information.

We are proud of the niche we have in the government affairs industry. Our products and services are used by thousands of government affairs executives in corporations and trade associations across the country. We appreciate the confidence you have given us with your loyalty.

Milestones are important to show growth. Whether it is the 15th anniversary or 20th anniversary of the company, it shows movement. And, none of it would happen without our special clients, friends, and family.

 It’s wonderful to be here,
it’s certainly a thrill,
You’re such a lovely audience
we’d like to take you home with us
we’d love to take you home!

– Elizabeth Bartz

Federal:

Conservative Justices Voice Skepticism on Voting Law

Lobbyists Fear Shakedown If Supreme Court Lifts Campaign Contributions Cap

From the States and Municipalities:

California – California Campaign Finance Reporting Ripe for Abuse

Florida – In David Rivera Investigation, Suspected Ringer Charged in Federal Court in $81,486Scheme

Florida – Universal Rolls out Red Carpet for GOP Lawmakers, Lobbyists, State-Party Donors

Georgia – Lobbyist Spending Down 1 Month after New Georgia Rule

Georgia – State House Backs Banning Some Lobbyist Spending

Illinois – Michael Bloomberg’s Super PAC Declares Victory in Illinois Special Election

New York – NY Comptroller Drops Suit as Qualcomm Agrees to Disclose More about Political Spending

Ohio – Ohio Campaign Contribution Limits Continue to Rise

West Virginia – Gainer, State Agency Officials Appear in Online Visa ‘P-card’ Marketing Campaign; State Ethics Act Limits Such Endorsements

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.

Lobbying

“GOP’s Gomez pushing term limits, lobbying ban” by The Associated Press in the Boston Globe.

“Barry Jackson’s next move” by Anna Palmer in Politico.

“K Street Files: Hey, Is That Jack Abramoff Dressed as a $100 Bill?” by Kate Ackley in Roll Call.

Campaign Finance

Hawaii: “Bill to Boost Disclosure of Campaign Spending Advances” by Nathan Eagle in the Honolulu Civil Beat.

Kansas: “House closer to passing campaign reform bill” by Tim Carpenter in the Topeka Capital-Journal.

Maine: “LePage budget would gut clean election fund for 2014 campaign” by Christopher Cousins in the Bangor Daily News.

Nevada: “Bill would force ex-candidates to dispose of unspent campaign funds” by Sean Whaley in the Las Vegas Review Journal.

There are a number of terrific LinkedIn groups devoted to government relations professionals and to the industry in general. What we found was that there was no group specifically for the discussion of compliance.

We are excited to announce that we are meeting that need by forming the Government Relations Compliance group.

Government relations professionals can discover what colleagues are saying about complying with government rules and regulations for lobbying, grassroots lobbying, political contributions, and procurement.

Join the conversation!

Q. I have been asked to testify before a committee of the state legislature regarding a pending or potential bill. Is this considered lobbying activity?

A. As is usually the case, the answer will vary drastically depending on the state in question. In this specific situation, there are at least three variables to consider when evaluating this question:

1. Is testimony excluded from the definition of lobbying? In many states, providing information, participating in a meeting, or otherwise communicating at the request of a public official is specifically excluded from the definition of lobbying. This is true even if the information will potentially influence legislation, as long as the contact was initiated by the state. In these jurisdictions, a person may be asked to testify about a topic as an industry expert without being subject to lobbying laws. For instance, in Colorado, a person who is not otherwise registered as a lobbyist, but provides information at the request of public officials is not required to register and report. Iowa has a similar exception for people providing testimony or information at the request of a public official.

2. Is the communication before a public committee? Often, participation at a public meeting or proceeding or otherwise testifying on the public record is excluded from lobbying laws. Delaware’s exemption is a good example of a state allowing for testimony at a public hearing without lobbyist registration. Likewise, Connecticut has an exception from its definition of lobbyist for those who are not hired specifically to lobby and whose appearances are limited to public testimony.

3. Is there a pending bill before the legislature? Finally, it may be important to determine whether there is an actual bill pending before the legislative body in question, or if the putative lobbying communication is only regarding potential legislation. Certain states only regulate attempts to influence legislation that has already been introduced. North Dakota is a good example of this point. In order to be considered a lobbyist, a person must be attempting to influence a live bill. An individual does not need to register as a lobbyist for attempting to influence a potential bill.

There are very few concepts, rules, or guideless applicable to all states, and accordingly, situations like this must be examined on a case-by-case basis. For specific guidance, please contact a member of the State and Federal Communications compliance department.

(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.

State and Federal Communications, Inc.’s, Ren Koozer, Executive Director, I.T., celebrated his 15th anniversary with the company. He received a U.S. flag [from the office of Congresswoman Betty Sutton] that had been flown over the U.S. Capitol on November 1, 2012 along with a certificate of authenticity, and a Samsung ATIV Windows 8 tablet.

We celebrated with his favorite New York cheesecake topped with blueberries and strawberries. Delicious.

Congratulations to a real team member.