Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.
Q. Summer is approaching and I will be attending conferences such as NCSL and ALEC. Can I pay for dinners with legislators and/or State Night events?
A. First and foremost, are you or your company registered to lobby in the state? Most states have more stringent gift laws applicable to lobbyists and lobbyist principals (Texas is the exception to this rule of thumb). The answer will also vary depending upon whether you are paying for a private dinner or sponsoring a State Night event. For example, taking a legislator to dinner, paying for cab fare or other transportation, or giving him a ticket to a ballgame are not considered part of the national conference agenda. Therefore, the normal gift limits will apply.
Many states have gift limit exceptions specifically carved out for expenditures at national conferences to which all members of the legislature are invited. State Night events are considered part of the conference agenda; therefore the gift limit exceptions will apply.
Although a State Night sponsorship may be permissible, it is important to determine if and when the expenditure must be disclosed. The reporting implications for such events range from simple aggregate disclosure to detailed reporting where the name of every legislator attending must be listed.
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.
June 2, 2011 •
Elizabeth Bartz on Greater Akron Chamber Board of Directors
Chamber holds its 104th Annual Meeting.
On March 24, the Greater Akron Chamber held its 104th Annual Meeting and Elizabeth Bartz was reappointed for a second term on the Board of Directors.
Hundreds attended the grand event. Joe Kanfer, Chairman and CEO of GOJO Industries, was awarded the H. Peter Burg Award in recognition of his business and community leadership in Akron.
The evening’s festivities included a large-screen video presentation with testimonials from leaders of the Akron business community.
We enjoyed this segment featuring Elizabeth Bartz:
Video courtesy of the Greater Akron Chamber YouTube Channel.
Introduced in Both Houses
A proposed executive order requiring vendors submitting offers for federal contracts to disclose political contributions and expenditures has sparked a legislative response.
An amendment was added to HR1540, a fiscal national defense authorization bill, which passed last week, precluding an executive agency from requiring a vendor to disclose political contributions as a condition of contract participation.
Additionally, two companion bills opposing the proposed executive order were also introduced into the house and senate. SB1100 and HR2008, titled “Keeping Politics Out of Federal Contracting Act of 2011”, explicitly prohibit an executive agency from requiring submission of political information, and prohibit an agency from using political information as a factor in consideration of whether to award a contract. The bills’ definition of political information means information relating to political spending, including contributions, independent expenditures and electioneering communications.
Previously, a congressional hearing was also held concerning the proposed executive order.
Photo of the United States Capitol with the flag by Florian Hirzinger on Wikipedia.
Timely news from the states.
OKLAHOMA: The Oklahoma Legislature adjourned sine die on May 27, 2011.
ILLINOIS: The Illinois General Assembly has recessed. The senate will reconvene on October 25, 2011. No date has been set for the house to reconvene.
June 1, 2011 •
Twitter Gives Congress Advice
A Twitter post incident from U.S. Rep. Anthony Weiner’s account leads to Twitter offering recommendations for account security.
Scott Wong from Politico reports how Twitter is responding to concerns on Capitol Hill that the Twitter accounts of legislators are vulnerable to hacking.
A representative from Twitter is sending them advice on how to keep their accounts secure.
Here is the article called “Twitter e-mails Congress safety tips.”
Primary Set for July 12, 2011
A special election has been scheduled for August 9, 2011 to fill a seat left vacant in Assembly District 48.
In an executive order, Governor Scott Walker ordered the special election to fill the seat left vacant after the resignation of Joe Parisi, who was elected Dane County Executive in April.
If a primary is necessary in the district, it will be held on Tuesday, July 12, 2011.
Photo of the Wisconsin Capitol by Dori on Wikipedia.
June 1, 2011 •
State and Federal Communications Scrapbook
We wanted to share a few pictures from recent events.
Another proud moment for State and Federal Communications, Inc. occurred recently when Ren Koozer, I.T. Director, accepted the United Way of Summit County award for State and Federal Communications, Inc. for Highest Corporate per Capita giving by employees (for employers under 49) for the eighth year straight. Attending the event was [l to r:] George Ticoras, Joe May, John Cozine, Ren Koozer, Amber Fish Linke, Myra Cottrill, Steve Quinn, Ken Kelewae, and Nicolette Bartz Koozer, photographer.
Ren Koozer is accepting the Campaign Excellence Award for State and Federal Communications, Inc. for outstanding excellence in giving.
In the photo with Koozer are William Feth [AESCO Electronics] and Katie Rennard [United Way].
State and Federal Communications, Inc. treated the administrative staff to a luncheon sponsored by Superior Staffing on Administrative Assistants Day. Founder of Superior Staffing, Fran Doll, was the guest speaker. Her dynamic life story truly inspired the sold out crowd at Portage Country Club.
In attendance was: [front] Leah Hadgis, Susan Stofka, Val Blake, and Sarah Gray, [back] Megan Huber, Nicole Davis, Becky Campbell, and Justin Quinlan.
June 1, 2011 •
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.
June 8, 2011 NCSL/SGAC, Washington, D.C.
June 16, 2011 WASRG, Washington, D.C.
June 27 – 30, 2011 BIO International Convention, Washington, D.C.
July 12 -15, 2011 Social Media for Government Conference by Advanced Learning Institute, Washington, D.C.
August 8 – 11, 2011 NCSL Legislative Summit Booth 217, San Antonio, Texas
June 1, 2011 •
State and Federal Communications Expands Coverage
In a continuing effort to better serve the needs of its clients, State and Federal Communications, Inc. is expanding coverage of laws and regulations for political contributions, lobbying, and procurement lobbying to more municipalities, regional governments, and governmental organizations.
We have added three new jurisdictions for which our online clients will find comprehensive, timely, and accurate information that includes: complete calendar of reporting deadlines; critical statutory citations; extensive directories of contact information; summaries of each state law; detailed reference charts on goods and services contributions; highlights of every statute; copies of all required forms; and much more.
The new jurisdictions are:
- Doral, FL
- Henderson, NV
- Spokane, WA
The image of North America by Bosonic dressing on Wikipedia.
May 31, 2011 •
Massachusetts Vendor Fee Dropped July 1
Comm-PASS
As part of Governor Deval Patrick’s reforms for small businesses operating in the state, starting July 1 the Operational Services Division will no longer charge the annual $275 fee for businesses participating in the Commonwealth’s Procurement Access and Solicitation System (Comm-PASS). The state is also eliminating the fee it charges businesses to shop for health care under the independent state agency Commonwealth Choice. Another announced reform increases the upper threshold of Massachusetts’s preferential small procurement competitive bidding range from $50,000 to $150,000.
Secretary of Administration and Finance Jay Gonzalez said the reforms are focused on “creating opportunities for small businesses, creating jobs for our residents, and containing health care costs so businesses can survive and thrive.”
Photo of Governor Devol Patrick by Scott LaPierre on Wikipedia.
May 31, 2011 •
Texas Legislature Adjourns, But Special Session Called
The Texas Legislature adjourned sine die on Monday, May 30, 2011.
However, the Legislature was immediately called into special session by Governor Rick Perry due to the failed effort to finalize the state budget.
The special session is set to begin Tuesday, May 31, and cannot last longer than 30 days.
Other items are expected to be added to the special session’s agenda.
Photo of the Texas State Capitol by Kumar Appaiah on Wikipedia.
May 27, 2011 •
Corporate Contribution Ban Found Unconstitutional
US District Court
A federal judge has ruled a section of the Federal Election Campaign Act of 1971 [FECA] prohibiting direct corporate contributions to federal candidates is unconstitutional. In United States v. Danielczyk, a criminal case being heard in the US District Court for the Eastern District of Virginia, Judge James C. Cacheris found corporations have an equal right to make political contributions under federal law as do human beings.
In the decision dismissing one of the counts against the defendants, the judge writes, “But for better or worse, Citizens United held that there is no distinction between an individual and a corporation with respect to political speech. Thus, if an individual can make direct contributions within FECA’s limits, a corporation cannot be banned from doing the same thing. So because individuals can directly contribute to federal election campaigns within FECA’s limits, and because [2 U.S.C.]§ 441b(a) does not allow corporations to do the same, § 441b(a) is unconstitutional and Count Four must be dismissed.”
Currently, during an election cycle, individuals may contribute $2,500 for a federal candidate’s primary election and an additional $2,500 for the general election.
May 27, 2011 •
Highlighted Site of the Week – Sporcle’s Online Quizzes
Try your hand at naming all of the United State Presidents!
Marketing Assistant Leah Hadgis gave me today’s Highlighted Site of the Week. It is Sporcle.com, an online collection of quizzes and brain exercises.
Leah is a fan of quizzes and brain teasers. She gave me a challenge – to try out Sporcle’s “U.S. Presidents quiz” and “the U.S. States geography” quizzes. I will be honest with you. I failed to finish the presidents quiz. All I had to do was fill in all of the names of presidents that I could remember and Sporcle popped them into their proper time slot. Oh yes, and I needed to do it in 10 minutes.
I was able to remember all of the presidents in the 20th century and all of the ones in the 1700s. But I I got lost in the 1800s and found just over half of the presidents from that century. Then all went blank, oh well. But I love geography and I was able to name all of the states in the 10 minutes given to me.
If you like quizzes, then Sporcle is the website for you. You can even download an app for your iPhone or Android. Let me know how you do!
Have a terrific weekend.
May 27, 2011 •
FEC Offers Tracking Resource
Tips for Treasurers provides tools “to help you meet your obligations under the federal campaign finance law.”
The following was announced on the Federal Election Commission’s “Tips for Treasurers” page on May 23:
“The FEC’s Public Records Office and Press Office have launched a web page to track new committee registrations. Updated daily at 7:00 a.m. Eastern, it is available at http://www.fec.gov/press/press2011/new_form1dt.shtml.
A similar page launched earlier this year tracks Presidential Statements of Candidacy.”
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.
