President Obama Signs into Law

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.
January 5, 2012 •
Henderson, Nev. Enacts New Lobbying Law
Revolving Door and Increased Disclosure Addressed
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.
January 5, 2012 •
Matching Funds to Remain for Maine’s Gubernatorial Candidates
Joint Committee Votes Down Bill to Exclude Gubernatorial Candidates from Clean Elections Program
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.
“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.
For the full story read “Committee kills bill that would weaken clean election law” by Eric Russell in the Bangor Daily News.
January 5, 2012 •
PAC-to-PAC Transfer Ruling to be Challenged
Alabama Attorney General Files Appeal
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.
January 5, 2012 •
States and Cities Respond to Citizens United
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.
For the full story, read “Cities, states pass resolutions against corporate personhood” by Bailey McCann on CivSourceonline.com.
January 4, 2012 •
SC Bill to End Legislative Ethics Committees
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.
January 4, 2012 •
Lobbying in the News
New York lobbyist Richard Lipsky to plead guilty, a pep talk for lobbyists to use social media, and a phone app to log lobbying activity.
“Lobbyist Is Expected to Plead Guilty in Corruption Case” by Benjamin Weiser in The New York Times .
“Why Would a Lobbyist Need Social Media?” by John Hall on Social Media Today.
“Too many lobbyists? There’s an app for that” by Anthony Man and Larry Barszewski in The South Florida Sun-Sentinel. (Thank you George Ticoras for seeing this one!)
January 4, 2012 •
2012 Guidebooks Are Here!
The State and Federal Communications, Inc. research staff has updated this Executive Source Guidebook and we are pleased to provide it to our valued clients.
This quick desk reference combines information from our online resources and lists the information by state:
– The Executive Source Guide on Lobbying Laws™;
– The Executive Source Guide on Political Contributions™; and
– The Executive Source Guide on Procurement Lobbying™.
This guidebook is filled with valuable information. However, we also caution it has two limitations:
The online resources, which you receive either through your subscription or as part of your lobbying compliance service, are comprehensive. This guidebook summarizes information in the online resources, and is meant only as a quick-reference guide.
While this guidebook is accurate and timely when we print it, please understand our online resources are updated continually. We provide this guidebook to you as a convenience, but your ultimate source of information should always be the online resource(s) to which you subscribe.
We consider this guidebook another value-added benefit of your partnership with State and Federal Communications. You also receive, via e-mail, monthly updates of important compliance legislation on the federal and state levels; News You Can Use™, our weekly summary of current news and events regarding compliance; and the Compliance Now newsletter with even more information.
Please call us at (330)761-9960 or email marketing@stateandfed.com if you would like to learn more about State and Federal Communications’ compliance services. Be sure to contact us if you are already a client and need to have your subscription username or password forwarded.
We are privileged to have you as clients, and are pleased to be your trusted adviser for government affairs compliance.
January 4, 2012 •
APOC Offering Training
To be held January 6
The following announcement is from the Alaska Public Offices Commission website:
The Alaska Public Offices Commission will be conducting a brief training designed to provide basic information about group campaign disclosure and to introduce filers to the new electronic filing system.
The training is scheduled for Friday, January 6, 2012 from 12:00 p.m. to 1:30 p.m. Filers may participate in person at the Anchorage office, remotely by computer, or by telephone.
Email or call Attorney Vullnet Greva at vullnet.greva@alaska.gov or (907) 276-4176 for details regarding participation.
January 4, 2012 •
Title 15 and the Maryland Mandate
Last year, Maryland’s legislature passed a public ethics law, Title 15, after finding an erosion of public confidence in government decisions due to improper influence.
Title 15 requires government officials and employees to disclose their financial affairs and sets minimum ethical standards for the conduct of state and local business. The law also requires all counties, municipalities, and school boards adopt ethics standards at least equal to the state’s ethics law with regard to conflicts of interest, financial disclosure, and lobbying. Each local ethics commission is required to certify its compliance with the Maryland Ethics Commission on or before October 1st of each year, beginning in 2011.
Some local officials are still working toward agreement and passage of the required bills. Although officials may follow the state’s guidelines, many are choosing their own paths. For instance, the registration thresholds for lobbyists in Title 15 include an expenditure clause and a gift clause: $500 in expenditures towards influencing legislative or executive action; or $100 in gifts for the purpose of influencing executive action. The recently passed Charles County bill has a $100 gift threshold, while Alleghany County’s gift threshold is $200. Neither bill includes an expenditure clause. However, in Howard County, there is a $100 expenditure threshold for any lobbying activity, but no gift threshold.
Conflict of interest rules have also been the subject of debate. Title 15 forbids former public officials (other than legislators) and employees from assisting or representing a party in a contract or other specific matter for compensation if the former official or employee participated significantly in the matter as an official or employee. Frederick County attempted to limit this prohibition to one year for former commissioners with an exemption for former employees. This modification was rejected by the state. The Frederick County delegation now plans to propose changes to Title 15 before the general assembly to allow the one year limitations.
Counties such as Baltimore and Montgomery continue to debate and, as of December 1, 2011, had yet to approve a final version of the required ethics bill.
In the latest development, the State Ethics Commission met to respond to exemption requests. According to the Maryland Municipal League web site:
“The Maryland State Ethics Commission met on December 8 to consider a number of exemption requests from various municipalities around the state. Several jurisdictions were requesting an extension of an existing exemption, while some cities and towns were requesting new exemptions from the recently enacted financial disclosure reporting requirement. The results were varied, although it seemed as though population and budget size were the criteria most often cited by the members of the Ethics Commission when exemptions were being considered. For more information, please contact Tom Reynolds or Candace Donoho on the MML staff.”
January 4, 2012 •
See Us in Person!
Plan to say hello at future events where State and Federal Communications will be attending and/or speaking regarding compliance issues.
January 8-13, 2012 Public Affairs Council Institute, Laguna, Calif.
January 19, 2012 NCSL Executive Committee Meeting, Kaiwah Island, South Carolina
January 30 – February 2, 2012 National Grassroots Conference, Miami, Florida
February 25 – February 27, 2012 NGA Winter Meeting, Washington, D.C.
February 27 – March 1, 2012 National PAC Conference, Orlando, Florida
Board of County Commissioners Votes to Extend Registry to County’s 38 Cities
Lobbyists wishing to lobby in any of Palm Beach County, Florida’s 38 cities will soon be subject to a countywide lobbyist registry, as approved by the Palm Beach County Board of County Commissioners at their most recent meeting.
Lobbyists will be required to pay $25 to register the names of their clients, while also being required to submit annual expense reports. There will also be limits on gifts from lobbyists.
A city may opt out of the countywide registry, but then must create its own registry.
Photo of Palm Beach by Michael Kagdis on Wikipedia.
January 3, 2012 •
Nevada Online Reporting System Goes Live
Online reporting required
Nevada Secretary of State Ross Miller has announced that the enhanced online system for campaign finance filings is now up and running.
All parties filing contributions and expense reports as well as financial disclosure statements are now required to report electronically as was mandated by Assembly Bill 452.
January 3, 2012 •
Maryland Lobbyist Is Back as the Top Earner
According to the Maryland State Ethics Commission, Gerard Evans – who was convicted of fraud and spent time in prison – is back in the top earning position in the state for the past year.
Read the full story in “Evans regains top lobbying spot in Annapolis” by John Wagner in the Washington Post.
Here is a list of the top 135 lobbyists in compensation in Maryland by the State Ethics Commission.
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.