Lobbying

“How lobbyists became Congress’s leading policy wonks” by Suzy Khimm in The Washington Post.

New York:  Editorial: “NY lobbying disclosures are a breakthrough” in Newsday.

“The Nation: It’s Still Party Time At The Conventions” by George Zornick on NPR.

Ethics

“Why Ethics Training Is a Waste of Time” by Mark Funkhouser in Governing.

Michigan: “Michigan: AG Will File Charges in Thaddeus McCotter Petition Scandal Thursday, Per Report” by Shira Toeplitz in Roll Call.

New Hampshire:  “Speaker calls for more oversight over ethics” by Garry Rayno in the Union Leader.

Social Media

“Wikipedia locks down pages of VP contenders after excessive edits” by Alicia M. Cohn in The Hill.

From the State Legislatures

“Legislative Leaders Share Stories, Offer Lessons on Leadership” by Alex Fitzsimmons in NCSL’s blog The Thicket.

August 6-9, 2012   NCSL (National Conference of State Legislatures) Booth 923, Chicago, Illinois

August 14, 2012   Watergate II: Cancer on the Presidency, Akron, OH

September 6-7, 2012   Practising Law Institute, Washington, D.C

September 19-21, 2012   PAC State and Local Government Seminar, Washington, D.C.

The New Hampshire Attorney General’s office has advised the Secretary of State against restricting contributions to political committees that only make independent expenditures.

While New Hampshire’s statute R.S.A. §664:4 sets contribution limits for political committees, the law does not distinguish between political committees in general and committees making only independent expenditures.

The Attorney General made this recommendation, and reviewed the current status of law concerning independent expenditures, in a letter to the Secretary of State on August 1, 2012. The Attorney General also stated in the letter that enforcement of “contributions to any political committee is a fact-specific determination that can only be made on a case-by-case basis.”

Governor Mark Dayton and the leaders of the state legislature have tentatively agreed on August 24 for a special session date. The legislature will convene in order to appropriate monies to disaster relief for counties that were ravaged by flooding earlier this year.

The date is still tentative as the final damage numbers are still being totaled. The federal government will supply 75% of the funding if the state picks up the last 25% of the cost.

Once the final numbers are set, Governor Dayton will have to officially call the legislature back to work.

Governor Robert Bentley has set the special election timeline for the House District 30 seat. The seat was vacated by Representative Blaine Galliher, who resigned to become the governor’s legislative director.

The primary will be held October 23, 2012, and the special general election held December 11, 2012 if no runoff is needed. If a runoff election is required, it will be held December 11, 2012, and the special general election held January 29, 2013.

The governor said in a statement that the timeline will allow the new lawmaker to be in place for the legislative session beginning February 5, 2013.

“How the President Tweets” by Nick Judd in TechPresident.

“Rep. Polis wins social-media contest for House Democrats” by Alicia M. Cohn in The Hill.

“Will Online Political Targeting Generate a Voter Backlash?” by Micah L. Sifry in TechPresident.

“Dems have new mobile app for convention” by Adam Mazmanian in NextGov.

“House Dems Battle for Social Media Supremecy” by Corey Bennett in NextGov.

“Local Governments Do Not ‘Like’ Facebook’s New Page Name Policy” by Lindsey Tepe in GovLoop.

Q. My company has existing, ongoing contracts with various state agencies. Sometimes, I have discussions with employees of these agencies (technicians, managers, and directors) regarding their use of my company’s products. Do I have to register and report as a lobbyist?

A. As a general rule for state-level lobbying, as long as discussions are limited to the evaluation and servicing of existing contracts, this type of activity will not typically be considered lobbying, the definition of which often includes influencing executive branch action.

However, in some states, executive branch action encompasses the state’s procurement process, including decisions to modify, extend, expand, or renew existing contracts. Once discussions of this type occur, lobbyist registration and reporting may be triggered, depending on the state’s specific time and expenditure thresholds. Every state has different thresholds, and requires its own specific analysis.

Here are some important things to track when evaluating whether you need to be registered in a specific jurisdiction:

1. Who are you talking to? In jurisdictions requiring registration for procurement lobbying, registration may hinge on whether the agency employee is considered a covered official. In some states, covered official is broadly defined to include all employees, while other jurisdictions require registration and reporting for attempting to influence directors or other major decision makers.
2. How many contacts have you had with the agency? How much time have you spent? Some jurisdictions require registration before the very first contact, while other jurisdictions require registration and reporting once you spend a certain amount of time engaging in procurement lobbying. You may need to determine your pro-rata share of compensation for time you have spent preparing for and engaging in the communication.
3. Is there a pending RFP or a contract renewal on the horizon? In some jurisdictions, the timing of your conversation with an agency official is important. Is there a pending decision before the state agency which would affect your company’s bottom line? If so, registration as a lobbyist may be required before engaging in communication which could be perceived as influencing the decision making process.
4. Did you expend any money on behalf of agency employees or officials? In some jurisdictions, registration may be triggered by expenditures on behalf of employees or officials.

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 Andrew Cuomo has signed a bill he hopes will help ease the financial burdens facing some local governments within the state. Senate Bill 5525, which was passed by the state legislature in late June, allows all New York cities and counties to piggyback contacts from other cities and counties.

If a public contract already exists, a city or county may choose to use the contract already in existence, instead of having to solicit the work itself. In order to take advantage of this opportunity, the original contract must have followed all state and local laws involving the procurement of government contracts, including competitive bidding requirements.

The law takes effect immediately.

You can receive session updates, alerts, a list of exhibitors, and the summit agenda. The app works for iPhones, iPads, and Android devices.

According to their site:

“At this year’s NCSL Legislative Summit, we’re offering a mobile app that will help you navigate the meeting with ease, take advantage of all its features, and enjoy the great cultural resources of Chicago during your visit. The app includes the entire agenda, automatic updates, alerts, maps, personalized agenda and note-taking features.”

The Sixth Circuit Court of Appeals has ruled that Ohio’s ban on political contributions from doctors who treat Medicaid patients to candidates for state attorney general or county prosecutor is unconstitutional.

The provision was designed to prevent fraud by banning contributions to those officials who prosecute Medicaid fraud, but the court held that the prohibition was a violation of doctors’ free speech rights.

The secretary of state’s office announced it was reviewing the decision and had no further comment on the case.

Lobbying

“Conventions Lose Appeal for D.C. Lobbyists” by Janie Lorber in Roll Call.

California: “Highest-billing lobbying firms” by Laurel Rosenhall in the Sacramento Bee.

Colorado: “University of Colorado’s in-house lobbyists hire out for other firms” by Allison Sherry in the Denver Post.

Indiana: “Daniels still waiting on lobbying decision” by The Associated Press in the Indianapolis Business Journal.

Missouri: “Missouri lawmakers keep reeling in gifts from lobbyists” by Virginia Young in the St. Louis Post-Dispatch.

Campaign Finance

“O’Connor: Declining approval for high court a ‘disappointment’” by Meghashyam Mali in The Hill.

Ethics

Alabama: “Former Gov. Don Siegelman sentenced to 78 months in prison” by Kim Chandler in the Birmingham News.

Government Social Media

“More government officials embrace social media” by Adam Silverman in USA Today.

“Tweets, social media help more officials get the word out” by Adam Silverman in USA Today.

South Carolina “SC governor goes to Facebook to get message across” by The Associated Press in GoUpstate.com.

The state supreme court has held Nebraska’s Campaign Finance Limitation Act (CFLA) unconstitutional. The CFLA allowed candidates participating in the public financing program to receive additional public funds if their privately-funded opponents exceeded certain spending limits.

The Nebraska Accountability and Disclosure Commission issued a statement in August 2011 that it would not enforce the CFLA for the 2012 elections after the U.S. Supreme Court invalidated a similar Arizona law. Nebraska Attorney General Jon Bruning then filed an action asking the state supreme court to rule on the CFLA’s constitutionality.

The supreme court also determined that the public financing portion of the CFLA was not severable from the other provisions of the law, including those providing for aggregate contribution limits and rules governing acceptance of contributions from independent groups, and declared the entire law unconstitutional.

Delicately wrapped treats in a wicker basket laced by a gold ribbon arrived in a package outside the offices of State and Federal Communications yesterday. Along with the treat basket came a small card that read: A Special Gift…Just for You!

The Public Affairs Council congratulated State and Federal Communications on winning the Ready, Set, Walk challenge by sending a basket of treats from Wine Country Gift Baskets on August 2^nd.

President and CEO Elizabeth Bartz announced the arrival of the gift basket during the company staff meeting.

A special thank you to the Public Affairs Council for providing us with this wonderful surprise!