Q. Once I complete my lobbyist registration, what other obligations do I have in my state?

A. Filing lobbyist and/or principal disclosure reports is the bare minimum requirement in many states.  In addition, you may be required to obtain an ID badge.  Some states require mandatory lobbyist training on a regular basis.  Most often, this can be done online.  To date, the states requiring this are: Alaska, California, Illinois, Louisiana, Maryland, Massachusetts, Tennessee, Utah, and West Virginia.

Many states have different gift law limitations for lobbyists.  For example, in Texas lobbyists are permitted to give gifts of $500 or less, while public servants may accept non-cash item of less than $50 from non-lobbyists.

In addition to reporting requirements, states may require pre- or post-notification to officials when an expenditure has been made on his/her behalf which is disclosed on a lobbying report.  In Illinois, a lobbyist who makes an expenditure on behalf of an official must inform him/her, in writing, at the time the expenditure.

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.

Amber Fish Linke is the Compliance Manager for State and Federal Communications, Inc.

All of the legislatures, even those that do not meet every year, are in session in 2011.  Thus, it is important to know the registration obligations for your lobbyists in all of the jurisdictions in which they will be active.  The most important pieces of information you need to know are whether they will need to register and when the registration will need to be filed.  Many jurisdictions have a threshold, based on expenditures, salary, or time spent lobbying, that needs to be crossed before registration is required.  Depending on your situation, you may not need to register if your lobbying activities will be minimal.  Many other jurisdictions, however, have no threshold and will require registration before or within a certain amount of time of your lobbyist engaging in lobbying.

This brings up an important point:  it is crucial that you understand what activities comprise lobbying in the jurisdiction.  A lobbyist may meet the definition of “lobbyist” before contact is even made with an official.  And do not forget that once registered, you will have ongoing reporting requirements.  Illinois and Georgia, in particular, will have more frequent reporting than in past years. (more…)

City Council has approved a ballot measure proposed by the Los Angeles Ethics Commission creating a ban on pay-to-play contributions.

If passed on March 8, the Charter amendment will prohibit companies bidding on city contracts from giving campaign donations to city candidates.

Companies found in violation of the ban would be barred from doing business with the city for one to four years.

Photo of the Los Angeles financial district by Bobak on Wikipedia.

The Commission on Governmental Ethics and Election Practices has issued a memo outlining the agencies priorities for 2011.  The commission seeks to investigate possible violations of legislative ethics on its own, even if no formal complaint is filed.

The commission also wishes to enact regulations that restrict legislative candidates from using Clean Election money to buy computers, cell phones, and other electronic equipment and increase the fine for failing to include a disclaimer on campaign communications from a maximum of $200 to a maximum of $5,000.

The Great Seal of Maine courtesy of Wikipedia.

Governor Brian Sandoval signed Executive Order 2011-02 establishing a new ethics gift rule for the governor’s senior staff, cabinet, all division heads of cabinet agencies, and himself as governor.

The order prohibits gifts which might be intended to influence or reward an individual in the performance of his or her official business. The order also requires notification of the ethics requirements to vendors doing business with the state and those receiving state grants.

Photo of Governor Sandoval courtesy of Brian Sandoval on Wikipedia.

State senator Jim Arnold announced he will introduce legislation to regulate lobbying disclosure rules for all levels of local government in Indiana. In his proposed bill, spending by vendors bidding for contracts of $100,000 or more with a governmental body would trigger mandatory disclosure.

Local governmental officials, including county commissioners and city council members, would be required to report whenever a lobbyist spent money on them over a threshold limit.

The law is not intended to supersede local ordinances but would still establish and necessitate minimum requirements of disclosure.

Photo of State senator Jim Arnold courtesy of the Indiana Senate Web site.

Alexandra Constantinou, who worked as an intern with Jim Sedor on our News You Can Use™ publication, attended the 108th Charity Ball for Akron Children’s Hospital. The event took place on December 28th, with the festivities including the presentation of 35 debutantes. The aim of the ball was to raise $100,000 for the hospital.

Alexandra interned at State and Federal Communications during the summer of 2009 and is currently studying in the Honors College at The Ohio State University.

Here is an Akron Beacon Journal article featuring the event.

Photo of Alexandra Constantinou and her family.

A grand jury convened to investigate government corruption has issued its first interim report.

The report makes various recommendations, including the elimination of “3-pack” advertising, where a political party may advertise jointly for three or more candidates without it being considered a contribution to any candidate.

The report also recommends a lifetime ban on vendors entering into any contract with Florida if convicted of a crime involving theft or procurement with the state.

Among the other suggestions the grand jury makes is a requirement candidates receive election and campaign finance law training. “Election and campaign laws constitute an intricate blanket of laws which can lead an honest and sincere public official or candidate to run afoul even with the best efforts to comply,” the report states.

The statewide grand jury had been called by Governor Christ and heard testimony for ten months.

As we bid goodbye to 2010, we are also saying goodbye to Research Associate David Dobo, Esq. He is leaving to work for newly elected Congressman Jim Renacci.

Congressman-elect Renacci won the seat from Congressman John Boccieri who only had it for two years after Congressman Ralph Regula retired in 2008.

David came to State and Federal Communications after working as a District Aide for Congressman Regula. He is returning as a Constituent Service Representative for the 16^th District. His past 15 months at the company have helped us increase the information posted on our website.

We will miss his knowledge on government history.  We wish him all the best as he returns to a role that is in his DNA and that is helping people in Ohio.

Each year, many Americans decide to break free of the past and start anew by striving toward promising goals – New Year’s resolutions. USA.gov has listed the most popular New Year’s resolutions chosen year after year by people around the nation. From getting fit to managing debt, smoking less to finding a better job, the site not only lists popular resolutions, but also serves as a resource to a plethora of information assisting in achieving these resolution goals.

Each resolution bullet point is also a hyperlink to another site serving to educate Americans about their new, challenging goals. For example, by clicking on the “Getting Fit” link, USA.gov transfers to fitness.gov, the President’s Council on Fitness, Sports & Nutrition. There are news highlights, videos, photos, research links, and even grants available. The “Managing Debt” link transfers to ftc.gov, the Federal Trade Commission, which explains how to self-help yourself out of “knee deep” debt. The site expands upon business information, consumer information, creditors, debt collectors, loans, and counseling.

Regardless of what resolutions are popular each year, what matters is choosing the ideal resolution for you. With each New Year comes a chance to grow personally and professionally and to see yourself as an empowered individual from Day 1 – literally. On govloop.com, government innovators from all levels can list their New Year’s resolutions online and view their peers’ resolutions. From a professional point of view, this blog might help spark some innovative resolution ideas for your New Year. In any case, whether you are a resolution revolutionary or have never had or believed in New Year’s resolutions, use January 1, 2011 as Day 1 of something new, innovative, and empowering for you.

Secretary of State Jennifer Brunner has announced permanent rules affecting the disclosure of corporate independent expenditures in Ohio.

The rules address the impact of the recent Supreme Court ruling in Citizens United v. Federal Election Commission. The new rules address campaign expenditures by corporations, nonprofit corporations and labor organizations by requiring disclosure of the amounts the groups spend for independent campaign advertisements for or against a candidate or committee.

Affected groups who make independent expenditures will now have to include their Internet web address in their ads and must also disclose their ads have not been authorized by a candidate or committee. Independent expenditures by corporations or businesses with 20 percent or more foreign ownership are prohibited by the new rules. Finally, corporations or businesses which have been awarded state or federal money will not be allowed to influence Ohio elections with independent expenditures within a year of the award.

“The Citizens United case now allows corporations to make independent expenditures for and against candidates in state and federal campaigns, “ said Secretary Brunner. “I am pleased Ohio has in place new rules so Ohioans will know who is trying to influence their votes in Ohio elections.”

The new rules take effect January 7, 2011. You may view the rules at the Register of Ohio Web site.

Photo of Ohio Statehouse by Alexander Smith on Wikipedia.

State and Federal currently offers coverage for 187 municipalities, in addition to the 50 U.S. states, other U.S. jurisdictions, and Canada.

We have added six 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:

• Bridgeport, CT
• Huntsville, AL
• Provo, UT
• Rockford, IL
• West Valley City, UT
• Winston-Salem, NC

The image of North America by Bosonic dressing on Wikipedia.

As we looked into the new year, we noticed we have a busy schedule in the next few months! Here is a list of the future events where State and Federal Communications will be attending and/or speaking regarding compliance issues. If you are attending any of these conferences, please come and say hello. We would love to see you!

January 9-13, 2011                  PAC Public Affairs Institute, Laguna Beach, California

January 13, 2011                      WASRG Welcome Reception, Washington, D.C.

January 25-28, 2011               PAC Grassroots Conference, Key West, Florida

February 1-2, 2011                   Governing Outlook in the States, Washington, D.C.

February 8-10, 2011                 Innovate to Motivate, San Antonio, Texas

February 22-25, 2011              PAC PAC Conference, Miami, Florida

March 30-April 1, 2011            SGAC Annual Meeting, Austin, Texas

April 3-5, 2011                            NASPO, Boston, Massachusetts