Portions of Lobbying Law Found Ambiguous As Applied
NORTH CAROLINA: Wake County Superior Court Judge Paul Ridgeway has cleared former lobbyist Don Beason of misconduct, finding parts of North Carolina’s lobbying reform law are ambiguous as applied and the secretary of state overreached in fining Beason.
The court held that Beason does not have to pay the $30,000 fine imposed on him. Secretary of State Elaine Marshall fined Beason a record-setting $111,000 in 2010, an amount that was later reduced, for failing to make required disclosures about companies he was representing.
Judge Ridgeway stated North Carolina law defines a lobbyist as someone who communicates directly with legislators or their employees, but there was no evidence Beason directly contacted anyone on behalf of the companies he represented. Additionally, because the law gave the state ethics commission the authority to interpret the act and the secretary of state the power to administer it, Marshall overstepped her authority in interpreting the act and fining Beason.
Elizabeth Bartz, President and CEO of State and Federal Communications, is attending the Public Affairs Institute hosted by the Public Affairs Council in Laguna Beach, California.
The Public Affairs Council website says the Institute has the following aim: “For more than thirty years, the Public Affairs Institute has brought together a world-class faculty and mid-to-senior-level public affairs professionals to discuss emerging political, economic, social and technological issues and trends in a rigorous, intriguing, innovative curriculum. Class sessions are led by faculty members, distinguished in their particular fields of expertise, in a mix of large group lectures and small group discussions, allowing for an interactive, personal learning environment.”
The Twitter hashtag for the event is #2012Institute.
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.
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Thank you to Political Activity Law blog for bringing this to our attention. As part of its series about lobbying and U.S. politics on Morning Edition, NPR broadcast a story about how a study calculated what money corporations saved through a tax break from the American Jobs Creation Act versus what they spent lobbying on the legislation.
The exhibit that shows the Washington, D.C. that could have been.
What if the nation’s capitol had been built with a giant bronze chicken on top of it? What if the Washington Monument had been built with a giant statue of the first president standing atop? How about a Lincoln Memorial built as a giant pyramid?
This week’s Highlighted Site of the Week is the National Building Museum’s Unbuilt Washington, the official site for the exhibit that shows you “what might have been” in our nation’s capital.
The proposed pyramid-style Lincoln Memorial.
According to the site: “Unbuilt Washington reveals the Washington that could have been by presenting architectural and urban design projects that were proposed but, for widely varied reasons, never executed. … The physical character of Washington, D.C., that we take for granted today is the unique result of countless decisions, debates, successes, failures, reconsiderations, missed opportunities, and lucky breaks. To tourists and residents alike, the city’s greatest landmarks may seem so appropriate, so correct—it is hard to imagine that they could have turned out completely differently. But nothing in the built environment of Washington [or in any other city, for that matter] is predestined.”
You will find an interactive Google map for the sites of the would-be sites and memorials described in Unbuilt Washington.
Don’t miss the exhibit, which runs from November 19, 2011 – May 28, 2012. Here is the National Building Museum’s Twitter feed and Facebook.
A new law signed by President Obama precludes federal agencies from requiring vendors bidding on federal contracts to disclose political contributions.
Buried in the 565-page National Defense Authorization Act for Fiscal 2012, House Resolution 1540, is language amending Chapter 137 of Title 10 of the United States Code.
The amendment explicitly prohibits requiring a contractor to submit political information as part of a solicitation, or a request for bid or proposal. It also bars contractors from being required to submit political information during the modifications of a contract, or while exercising a contract option.
The language was added as an amendment to HR 1540 in response to a leaked draft executive order which required every entity submitting offers for federal contracts to disclose certain political contributions and expenditures made within the two years prior to submission of their offer.
For previous articles on Lobby Comply by George Ticoras on this topic, you can read posts from June 1, May 20, May 12, and May 10, and July 28, 2011.
HENDERSON, NEVADA: The Henderson City Council has passed lobbyist and revolving door regulations. Lobbyists must now file a disclosure form after each communication with a city official or employee.
Additionally, elected officials and employees must wait one year after leaving office or employment before they can lobby on behalf of a private person or business.
The new provisions go into effect on Friday January 6, 2012.
“An Act to End Taxpayer-funded Campaigns for Gubernatorial Candidates” was held over from last session, but the Joint Committee voted for a recommendation of “ought not to pass” with little debate.
Alabama Attorney General Luther Strange has appealed the judge’s ruling in Alabama Democratic Conference v. Strange, the case overturning a portion of the state ban on the transfer of funds from one PAC to another.
While the appeal is pending, the attorney general is prohibited from enforcing the PAC-to-PAC transfer law against the Alabama Democratic Conference.
CivSource reports about the implications for SuperPACs
In response to the Supreme Court’s Citizens United v. Federal Election Commission decision, there are states and cities taking action to deny personhood to corporations. The Montana Supreme Court upheld a ban on corporate spending in local elections and a measure was introduced in the Vermont Legislature calling for a constitutional amendment distinguishing the rights of individuals from those of corporations.
The city councils of Los Angeles, Oakland, Albany, Boulder, and New York City are listed in the article as having passed resolutions – some calling for a constitutional amendment – eliminating corporate personhood, which could affect SuperPAC spending in their jurisdictions.
House Bill 4421 grants Ethics Commission oversight of Legislature
Representative Kevin Ryan has pre-filed a bill to end the practice of state lawmakers policing themselves in ethics matters.
The bill would abolish the legislative ethics committees and empower the Ethics Commission to enforce the law as it applies to legislators.
Currently, the Ethics Commission oversees the state’s nine constitutional officers, certain appointed state officials, and locally elected officials. However, the Ethics Commission does not have jurisdiction over legislators. Instead, lawmakers police themselves through separate House and Senate ethics committees.
State Senator Mike Rose has sponsored a proposal in the Senate that would give the legislature explicit authority to delegate ethics enforcement to an outside entity.
Lawmakers are scheduled to begin the second half of the 2011-12 legislative session on Tuesday, January 10, 2012.
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.
NORTH CAROLINA: Wake County Superior Court Judge Paul Ridgeway has cleared former lobbyist Don Beason of misconduct, finding parts of North Carolina’s lobbying reform law are ambiguous as applied and the secretary of state overreached in fining Beason.
Elizabeth Bartz, President and CEO of State and Federal Communications, is attending the Public Affairs Institute hosted by the Public Affairs Council in Laguna Beach, California.
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. 
The Illinois Secretary of State has announced that the lobbyist affirmation statement for the period of July 1 to December 31, 2011 has been modified.
“Ethics watchdog alleges that Gingrich might have violated lobbying laws” by Rachel Leven in The Hill.
Thank you to Political Activity Law blog for bringing this to our attention. As part of its series about lobbying and U.S. politics on Morning Edition, NPR broadcast a story about how a study calculated what money corporations saved through a tax break from the American Jobs Creation Act versus what they spent lobbying on the legislation.
What if the nation’s capitol had been built with a giant bronze chicken on top of it? What if the Washington Monument had been built with a giant statue of the first president standing atop? How about a Lincoln Memorial built as a giant pyramid?
HENDERSON, NEVADA: The Henderson City Council has passed lobbyist and revolving door regulations. Lobbyists must now file a disclosure form after each communication with a city official or employee.
The Joint Standing Committee on Veterans and Legal Affairs of the Maine State Legislature has killed LD 120, a bill aiming to stop gubernatorial candidates from participating in the state’s clean elections program.
Alabama Attorney General Luther Strange has appealed the judge’s ruling in Alabama Democratic Conference v. Strange, the case overturning a portion of the state ban on the transfer of funds from one PAC to another.
In response to the Supreme Court’s Citizens United v. Federal Election Commission decision, there are states and cities taking action to deny personhood to corporations. The Montana Supreme Court upheld a ban on corporate spending in local elections and a measure was introduced in the Vermont Legislature calling for a constitutional amendment distinguishing the rights of individuals from those of corporations.
