In the 1980s, Senate Majority Leader Robert Byrd (who passed away last June) offered over 100 addresses about the history of the U.S. Senate. In honor of the Senate’s bicentennial, the speeches were gathered and edited into four volumes called The Senate: 1789–1989: Addresses on the History of the Senate.

Among those essays, there is a landmark work regarding the history of lobbyists and lobbying. The Senate’s Web site hosts the text of the speech at Senate.gov.

Senator Byrd’s speech whipsaws between praise and suspicion of lobbying and perhaps typifies America’s ambivalence toward the profession. He begins his speech with a quote from an 1869 newspaper article, which conjured the image of lobbying as a “dazzling reptile … a scaly serpent of the lobby…” Yet Byrd also acknowledges the necessary service they provide: “It should be clear from my remarks that Congress has always had, and always will have, lobbyists and lobbying. We could not adequately consider our work load without them.”

According to Senator Byrd, lobbying has been employed from the first days of Congress. “During the First Congress, Pennsylvania Senator William Maclay wrote in his diary that New York merchants employed ‘treats, dinners, attentions’ to delay passage of a tariff bill,” said Byrd.

Byrd’s speech is rich with history, describing efforts of groups such as the Bank of the United States in the 1790s, Samuel Colt in the 1850s, and the famous “King of the Lobby” Sam Ward during the Gilded Age of the late 19th century.

While Byrd did stress the need for government to be vigilant against the abuse of the democratic system by special interests, it would be wrong to think the senator was not sympathetic to the work of lobbyists, or appreciative.  He ended his speech with the following:

“They spend many hours and considerable shoe leather trying to convince 535 members of Congress of the wisdom or folly of certain legislation. They face vigorous competition. They still bear the brunt of press criticism and take the blame for the sins of a small minority of their numbers. But they have a job to do, and most of them do it very well indeed. It is hard to imagine Congress without them.”

For his many efforts to promote the history of the United States Senate, Senator Byrd received the American Historical Association‘s first Theodore Roosevelt-Woodrow Wilson Award for Civil Service and the Friend of History Award from the Organization of American Historians.

For all of you arm-chair American historians, this Highlighted Site of the Week should make you smile. Give it a read!

The U.S. Commodity Futures Trading Commission has proposed a ban on political contributions from banks which arrange derivative trading with federal, public, and municipal agencies. The banks would be prohibited from making campaign donations to public officials who have the power to award work to the banks.

The commission voted unanimously to seek public comment on December 16 with the view to complete the regulations by 2011.

Following a recent meeting, the Municipal Securities Rulemaking Board issued a request for comment on a rule regulating the business activities of municipal advisors with municipal entities when they have made political contributions to officials responsible for awarding that business.

You can read the press release from the MSRB here.

State Senator Loretta Weinberg has proposed legislation to end loopholes in the New Jersey pay-to-play laws and to end “wheeling”, the channeling of money through different political committees to avoid contribution limits. “This new bill will give us the iron-clad restrictions against the practice of using campaign cash to influence decision-makers that has unfortunately become business as usual in the Garden State,” said Weinberg.

Additionally, county and municipal political parties would be banned from donating to each other and limited to donating $25,000 to state parties. County parties would only be allowed to donate to local parties within their jurisdiction. Senator Weinberg would like her pay-to-play reform added as a part of Governor Christie’s municipal and county “tool kit”, but has not received any response from the Governor.

Photo of Sen. Loretta Weinberg by Bbsrock on Wikipedia.

Legends Bank is seeking to block enforcement of Missouri’s new ethics law, found in Senate Bill 844, which took effect August 28.  Legends Bank and its president filed suit Monday in Cole County Circuit Court citing language that limits the bank’s right to make political donations.  Senate Bill 844 sought to limit politicians’ ability to conceal the source of money by moving it through several political action committees.

Legends Bank claims that in determining which individuals and entities can donate to political action committees, lawmakers appear to have limited the ability of state-chartered banks to donate.   Republican Senate president pro-tem Charlie Shields, who sponsored Senate Bill 844, stated to the St. Louis Post-Dispatch the goal of the bill was never to stop banks or corporations from making political donations and that the disputed language should be fairly easy to fix.

Photo of the Missouri Capitol by RebelAt of English Wikipedia.

The Colorado Supreme Court has agreed to hear a case brought by Colorado Ethics Watch concerning the so-called “magic words” required of political ads. Colorado Ethics Watch filed the complaint against Senate Majority Fund and Colorado Leadership Fund after the two 527 political organizations ran campaign ads supporting state legislative candidates in the 2008 election but did not register as political committees or submit independent expenditure disclosures for the ads.

An Administrative Law Judge determined, and the Colorado Court of Appeals agreed, registration and reporting were not required because the ads did not contain terms such as “vote for” or “defeat.” It is expected the case will be briefed in early 2011, with oral arguments taking place in the spring.

Seal of the State of Colorado by Svgalbertian on Wikipedia.

Governor Bob Riley has called the Alabama state legislature into special session. The lawmakers are expected to convene on December 8, 2010 and take up the issue of ethics reform.

This year, the state was plagued by a scandal in which lobbyists and local businesspeople attempted to or actually did bribe legislators to vote for pro-gambling legislation. During the upcoming session, lawmakers are expected to pass reform reducing the amount a lobbyist may spend on an official without reporting it. Additional changes suggested by the Governor include a ban on PAC-to-PAC transfers of funds and requiring those who lobby the executive branch for contracts to register.

Photo of Governor Bob Riley by MSGT MARK OWEN, USAF on Wikipedia.

Columbia Mayor Steve Benjamin is pursuing the creation of a local ethics commission to replace the city’s reliance on the state. Currently, city ethics issues are resolved by South Carolina’s ethics commission. Mayor Benjamin believes reliance on a local commission with local ordinances would better serve Columbia and its city council.

The seven member commission would be made up of four residents from each of the council’s four political districts, a certified public accountant, a local business owner and an attorney. The attorney, who would serve as chairman, must not have done business with the city.

Photo of downtown Columbia by Akhenaton06 on Wikipedia.

The Ethics and Campaign Disclosure Board has hired Megan Tooker as its new executive director. Tooker was unanimously selected by the six-member board and will assume the role on January 1, 2011. Before joining the agency, she graduated from Drake law school and clerked for former state supreme court Justice Michael Streit.

The outgoing director, Charlie Smithson, is stepping down from the position to become the Iowa House’s new chief clerk. Smithson had been with the board since 1998 and was originally its legal counsel. The Ethics and Campaign Disclosure board administers and advises on state lobbying, campaign and ethics laws and, to a certain extent, local ethics rules.

State and Federal Communications Research Associate George Ticoras alerted me to a video from the American League of Lobbyists called “What is lobbying and why is it important?” I thought I would share it with you!

The video says: “On behalf of all Americans who have a stake in their government, the League addresses challenges that affect the rights of individuals and groups to make their views known about issues that affect our country. It provides a voice for lobbyists and works to ensure that those who engage in lobbying follow established ethics and rules.”

ALL President Dave Wenhold added:”Our mission is to enhance the development, professionalism, and high ethical standards for the advocates in the public policy arena.” Enjoy the video:

I did an informal survey here at our office and asked: “Do you you know when the first woman was elected to U.S. Congress?”  The answers ranged from “I have no idea” to  “sometime in the 1960’s.” To be honest, I wasn’t sure either and that bothered me. Something that important is something I should know, so I found a great Web site called Women in Congress. Hosted by the U.S. Office of the Clerk, Women in Congress charts the progress of women from having no representation prior to 1917, to having a Speaker of the House of Representatives exactly 90 years later.

In 1917, Jeannette Rankin was the first woman to be elected to Congress. A Republican from Montana, Rankin was an activist for the woman suffrage movement and she was a pacifist – she was the only representative to vote against the United States’ entry into both World War I and World War II. “I may be the first woman member of Congress, but I won’t be the last,” Rankin said when she was elected.

Rebecca Latimer Felton was the first U.S. Senator, serving in 1922 at age 87 years. She was described as “outspoken, determined, and irascible!”

Every one of the bios in Women in Congress has an important story to tell. “Battling Mary” Norton, who served from 1925 to 1951, fought for the rights of the working class. Norton personally campaigned to get the Fair Labor Standards Act of 1938 out onto the floor for a vote, and it passed. The law set a minimum wage of 25 cents an hour, established the 40 hour work week, and outlawed child labor (can you imagine). What a heroic woman. She said, “I’m prouder of getting that bill through the House than anything else I’ve done in my life.”

Barbara Jordan was a Democratic Representative from Texas from 1973 to 1979. A leader in the Civil Rights movement, Jordan suffered from multiple sclerosis. She championed the Community Reinvestment Act of 1977 and the renewal of the Voting Rights Act of 1965.

Many will remember seeing her on television giving a powerful speech before the House Judiciary Committee supporting the impeachment of President Richard Nixon.

Women in Congress offers historical essays, fascinating artifacts, and lots of educational resources. Now everyone can become an expert on the role women in Congress. I know I have no excuse!

Photos Courtesy of the Library of Congress.

At the heart of the controversy is the Government Accountability Board’s (G.A.B.) rule which took effect August 1, 2010. The rule says advertisements broadcast in the weeks before an election must disclose their funding sources even if they do not expressly advocate a vote for or against a party or candidate.

Prior to the amendment, groups could evade disclosure requirements by running advertisements disguised as issue advocacy, so-called “phony issue ads”. Such ads were not considered political in nature as they did not contain what G.A.B. spokesperson Reid Magney calls the “magic words”: specific calls for viewers to vote for, elect, or approve a given candidate. The G.A.B.’s rule was meant close the “phony issue ad” loophole.

The Wisconsin legislature, for its part, permitted the G.A.B. rule to come into force on August 1, 2010. Since the rule’s effective date, however, groups across the state have claimed the rule infringes on their First Amendment rights to free speech. Several lawsuits, including two in federal court, have been filed challenging the rule’s constitutionality.

The judges in both federal cases have stayed the suits filed in their courts pending a resolution in the state case. Oral arguments begin in the Wisconsin Supreme Court on March 9, 2011.

Maryland General Assembly Delegate Justin Ross will introduce legislation requiring local officials to recuse themselves from voting on building projects if a developer contributed to a shared campaign account affiliated with the official.

Presently, local leaders may vote on land use projects while indirectly receiving political contribution from these developers through accounts shared with General Assembly candidates.

In addition to the officials recusing themselves, developers would have to provide detailed information about all contributions to individual and shared accounts when they are requesting a land use decision from a council.

The enhancements to the system are aimed toward improving transparency and easing the public’s fear of “back room” politics.  It is no coincidence that the lobbying law changes come at the same time the state is strengthening ethics rules in other arenas.  The state recently passed new disclosure requirements for contacts with procurement officials.  Additionally, Illinois’ campaign finance laws will feature contribution limits in 2011 and quarterly PAC reporting.   The improvements to the state’s lobbying regulations are part of an overall climate of increasing disclosure around the United States.  Several other states, including Utah and Georgia, have made similar changes in state lobbying law this year.

The first change to the rules, which is already known by most people impacted by it, relates to the registration fee.  Illinois initially sought to increase this fee to $1,000 per lobbyist and per organization employing a lobbyist.  Thus, a company with two state-level lobbyists would have been charged $3,000 per year.   The ACLU sued for and was granted an injunction on this fee.  Essentially, the state agreed Illinois could not demonstrate the increase in cost was necessary to administer the Lobbyist Act.  Additionally, the ACLU had raised a First Amendment establishment clause argument because the bill granted exemptions to certain religious lobbying and thus “demonstrated a preference for religious speech over non-religious speech.”  Eventually, the state and the ACLU agreed to a fee of $300 and the suit was dropped.   Additionally, lobbyists are required to complete an online ethics training course within 30 days of registration.

Lobbyists will have to report more frequently in 2011 and beyond.  The lobbying dates used to be tied to whether the legislature was in session but are now semi-monthly, regardless.  In 2010, while the litigation on the Act was pending, reporting was done essentially as soon as the Secretary of State’s Index Department was able to receive them in the midst of the judicial and legislative melee.  Lobbyists filed a report on September 30 for the first half of 2010, and now must report second-half expenditures on January 15, 2011.  Starting in 2011, reports are due twice per month.  A report for the first 15 days is due on each 20^th, and a report covering the 16^th through the end of each month is due on the following 5^th.  While this is very cumbersome, it is at least consistent.  The smaller reporting periods should make the information to be reported very manageable.

One feature of Illinois’ lobbying seen in a few other states is the provision relating to notification of officials.  Previously, if an official were set to appear on a lobbyist’s report because that lobbyist made an expenditure on the official, the lobbyist was required to give the official notice of this fact 25 days before the report was due and again 30 days after the report was filed.  Under the new changes, the 30-day post-notification remains but the pre-notification is changed.  Now, lobbyists must give the official “contemporaneous written notification” of a reportable expenditure made on the official’s behalf.

Photo of Gov. Pat Quinn by Chris Eaves on Wikipedia.