Lobbying

“Ethics Watchdogs Planning to Crash Convention Parties” by Elizabeth Flock in U.S. News and World Report.

“Conservative lobby group’s guard shot in D.C.” by The Associated Press on CBS News.

Alabama: “Former lobbyist Jimmie Clements convicted in two-year college corruption case” by Jeremy Gray in the Birmingham News.

Maryland: “Last-minute lobbying intense for gambling expansion” by Earl Kelly in the Capital Gazette.

Campaign Finance

“Romney campaign bars press from Adelson, Ryan ‘finance meeting’” by Justin Sink in The Hill.

New Mexico:  “State Senate Dems launch PACs” by The Associated Press in the Santa Fe New Mexican.

West Virginia: “Lawsuit Filed Against Campaign Finance Pilot Program” on WDTV.com.

Ethics

New York: “State pols can’t accept US Open freebies, ethics panel rules” by Sally Goldenberg in the New York Post.

Q. My company has existing, ongoing contracts with various state agencies. Sometimes, I have discussions with employees of these agencies (technicians, managers, and directors) regarding their use of my company’s products. Do I have to register and report as a lobbyist?

A. As a general rule for state-level lobbying, as long as discussions are limited to the evaluation and servicing of existing contracts, this type of activity will not typically be considered lobbying, the definition of which often includes influencing executive branch action.

However, in some states, executive branch action encompasses the state’s procurement process, including decisions to modify, extend, expand, or renew existing contracts. Once discussions of this type occur, lobbyist registration and reporting may be triggered, depending on the state’s specific time and expenditure thresholds. Every state has different thresholds, and requires its own specific analysis.

Here are some important things to track when evaluating whether you need to be registered in a specific jurisdiction:

1. Who are you talking to? In jurisdictions requiring registration for procurement lobbying, registration may hinge on whether the agency employee is considered a covered official. In some states, covered official is broadly defined to include all employees, while other jurisdictions require registration and reporting for attempting to influence directors or other major decision makers.
2. How many contacts have you had with the agency? How much time have you spent? Some jurisdictions require registration before the very first contact, while other jurisdictions require registration and reporting once you spend a certain amount of time engaging in procurement lobbying. You may need to determine your pro-rata share of compensation for time you have spent preparing for and engaging in the communication.
3. Is there a pending RFP or a contract renewal on the horizon? In some jurisdictions, the timing of your conversation with an agency official is important. Is there a pending decision before the state agency which would affect your company’s bottom line? If so, registration as a lobbyist may be required before engaging in communication which could be perceived as influencing the decision making process.
4. Did you expend any money on behalf of agency employees or officials? In some jurisdictions, registration may be triggered by expenditures on behalf of employees or officials.

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.

Hollywood’s new lobbyist ordinance takes effect August 1, 2012. Lobbyist registrations now expire yearly, and will be effective from August 1 to July 31 of the following year. All current lobbyist registrations will expire July 31, 2012, and a new registration statement must be filed.

There will also be an annual registration fee of $50 for each principal or client identified on the registration statement, except for those principals or clients that do not compensate the lobbyist for lobbying. Lobbyists who do not receive compensation are now required to register.

The city clerk will also offer electronic filing of lobbyist registrations beginning August 1.

Hawaii Governor Neil Abercrombie signed House Bill 2175 into law, exempting certain people from the state’s revolving door provisions.

In an effort to increase participation amongst the state’s experts and those with special knowledge, the law exempts members of a state task force from the revolving door provisions. A task force is a group which is created to study a specific problem for a specified period of time.

The law will take effect immediately.

Photo of Governor Abercrombie courtesy of Wikipedia.

“Jack Abramoff: Healthy ruling for lobbyists” by MJ Lee in Politico.

“Maryland lobbying totals led by gambling interests” by Annie Linskey in the Baltimore Sun.

“Groups Admit to Lobbying Illegally to Aid Mayor’s Plans” by Ray Rivera in The New York Times.

Take a look at The Hill’s “Lobbying World” news summary.

“Common Cause files complaint against Minnesota Majority” by Jennifer Brooks in the Star Tribune.

Video courtesy of Politico.

The Kentucky Legislative Ethics Commission has submitted a recommendation to the legislative research commission for several changes to the code of legislative ethics.

The recommended changes include:

• requiring employers of lobbyists to report the cost of advertising supporting or opposing legislation that appears during a session of the general assembly, if the cost is paid by an employer of lobbyists or a person affiliated with an employer;

• prohibiting employers of lobbyists and PACs from making campaign contributions to legislative candidates or legislators during a regular session of the general assembly, and prohibiting lobbyists from directly soliciting contributions for an election campaign of a legislator or legislative candidate;

• repeal the provision allowing each lobbyist and employer to spend up to $100 annually on food and beverages for each legislator and his or her immediate family, and prohibit lobbyists and employers from paying for out-of-state travel, food, or lodging expenses for legislators or candidates; and

• limiting the interaction between lobbyists and candidates who have filed to run for election to the general assembly, who are currently not subject to the $100 limit on food and beverage or prohibition on receiving anything of value from a lobbyist or employer.

“Washington’s Top Lobbying Groups Hire Mostly Men: BGOV Barometer” by Jonathan D. Salant and Jennifer Prince in Bloomberg News.

“Study: Lobbying bad for business?” by Tim Mak in Politico.

Here is the original study the above article references: “Corporate political giving doesn’t pay” by Amy Hodges in Rice University News & Media.

“K Street: ‘Let’s meet’; Hill staffers: ‘Text me’” by Dave Levinthal in Politico.

“The State of K Street: Work in the Shadows – Lobbying Rules That Were Meant to Regulate the Industry Have Spawned the Emergence of the Unlobbyist” by Kate Ackley in Roll Call.

New York:  “Lobbyists directed contributions” by Jimmy Vielkind in the Albany Times Union.

New York: “Lobbyists gave state pols $1.8M” by Erik Kriss in the New York Post.

“Are politicians too rich to understand us?” by Timothy Stanley on CNN.

“Hotel industry’s top lobbyist bringing it back to Main Street” by Elise Viebeck in The Hill.

National:

Poll: Sharp increase in partisan divides among Americans

Federal:

Lobbyists Ask Congress for a Mandate on Ethics

From the States and Municipalities:

Arkansas

Democratic, Republican Leaders Back Ethics Initiative

California

State’s Top 100 Political Donors Contribute $1.25 Billion

Delaware

Delaware Lawmakers Approve Campaign Finance Revisions

District of Columbia

D.C. Council Chairman Kwame Brown Resigns after He Is Charged with Bank Fraud

Florida

Research Group Says Florida Has Most Corrupt Officials

Georgia

Georgia Lawmakers Back Lobbying Cap but Ignored Bill

North Carolina

Legislators, Lobbyists Mix Business with Pleasure

North Carolina

State Ethics Panel to Investigate Lobbyists Tied to Tillis Aides

South Carolina

Gov. Nikki Haley Ethics Inquiry Could Have Major Statehouse Implications

Wisconsin

Walker Survives Wisconsin Recall Vote

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.

News You Can Use is a news service provided at no charge only to clients of our online Executive Source Guides, or ALERTS™ consulting clients.

Q.  I am not currently registered as a lobbyist and I would like to send a letter to all state legislators in support of pending legislation. Do I need to register as a lobbyist?

A. The act of sending a letter in support of or in opposition to legislation can be enough to trigger the lobbyist registration requirement in a state. Whether or not registration is required is dependent upon the lobbyist registration threshold in any given state.

Some states have thresholds based on the definition of lobbying whereby engaging in a lobbying activity will require lobbyist registration. For example, in a state where registration is required upon receipt of compensation to encourage the passage, defeat, approval, or modification of legislation by members of the legislature, lobbyist registration would be required prior to sending the letter. Iowa is an example of this type of state.

Other states have thresholds based on the amount of time spent lobbying or preparing to lobby. In Maine, an individual is permitted to spend eight hours lobbying before registration is required. In such a state, tracking your time while preparing the letter will be important in determining if registration is required.

Please consult the lobbyist registration threshold in your jurisdiction prior to sending any correspondence to a public official.

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.

The San Diego Ethics Commission is meeting June 14, 2012 to discuss a prepared draft of municipal code amendments concerning campaign related issues, including one which pertains to the lobbying ordinance. Decision point 14 would amend applicable provisions of the lobbying ordinance to require the disclosure of contributions provided to, and fundraising performed for, committees that are primarily formed to support city candidates.

The draft amendments are available on the commission’s website.

The public is invited to provide comment on the proposed amendments at the June 14, 2012, meeting, which will be held at 5:00 p.m. in the committee room on the 12th floor of the city administration building. Correspondence may also be sent by e-mail at: ethicscommission@sandiego.gov.

Photo of the San Diego skyline by Tomcio77 on Wikipedia.

National:

$55 Million for Conservative Campaigns – but Where Did It Come From?

Most Americans Think Campaign Money Aids Rich

Federal:

Acquittal, Mistrial in Edwards Case

Chamber Says It Will Evade Disclosure Ruling by Tweaking Ads

K Street Not Thrilled with Tampa

From the States and Municipalities:

Alabama

Alabama Legislature: Teachers can receive gifts of $25 or less

California

Senators Vote to Give up Free Tickets to Games, Concerts

Delaware

Lobbying Reform Bill Met with Debate

Florida

Florida Candidate Legally Changes Name to Web Address

Georgia

Senate Leader Balfour Piles Up Freebies

Illinois

Quinn Gets Bill to Relax Some Campaign Contribution Limits

Massachusetts

Wary of Fan Anger, Athletes Largely Avoid Political Fray

Ohio

Campaign Donor Limits Scrutinized

West Virginia

Political Groups Test Campaign Laws Ahead of High-Profile W.Va. General Election Races

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.

News You Can Use is a news service provided at no charge only to clients of our online Executive Source Guides, or ALERTS™ consulting clients.

Campaign Finance

“Texas leads country in Super PAC giving — by a wide margin” by Emily Wilkins in the Houston Chronicle.

“17 funniest super PAC names” by Politico staff.

Louisiana: “Campaign donations for Gov. Jindal, others under scrutiny” by The Associated Press in the Daily Comet.

“Can State Laws Cohabit With Citizens United?” by Lincoln Caplan in the New York Times.

Lobbying

“K Street not thrilled with Tampa” by Anna Palmer in Politico.

Ethics

“Top N.H. pol quits; lied about work” by Mackenzie Weinger in Politico.

Nevada Assemblyman Pat Hickey has called for campaign finance, lobbying, and ethic reforms.

Assemblyman Hickey’s recommendations include expanding the reporting of lobbyists’ expenditures to include those made when the legislature is not in session, limiting political contributions to PACs, and creating a ‘cooling off’ period before an ex-legislator may become a lobbyist.

As reported in the Las Vegas Sun, the Assemblyman is also suggesting there be ‘real time’ reporting of political contributions.

Assemblyman Hickey made these recommendations at a news conference and has not yet requested a draft bill for these proposed changes. The Nevada Legislature currently is not in session and not scheduled to meet again until 2013.

More information from the Las Vegas Sun can be found here and here.

Photo of Assemblyman Pat Hickey courtesy of the Nevada Legislature Website.

National:

ALEC Memo Instructed Members to ‘Navigate Away’ from Tough Questions

Protesters Disrupt WellPoint Annual Meeting

Federal:

Court Ruling May Force Advocacy Groups to Disclose Secret Donors

Ex-Lawmakers on K Street Avoid ‘Scarlet L,’ Shy Away from Registering as Lobbyists

Gay Political Donors Move from Margins to Mainstream

From the States and Municipalities:

Arizona

State Legislator Arrested in FBI Sting

Kentucky

City Paid Louisville Metro Councilwoman’s Grandson While Jailed

Missouri

Rush Limbaugh Inducted into Hall of Famous Missourians

Missouri

Spence Criticized for Handing Out Sports Tickets to Lawmakers

Montana

Judge Strikes Down More Election Laws

New York

Business Lobby Supporting Cuomo Files Late Data

New York

Study: Matching funds up donor diversity in NYC

Tennessee

Tennessee Legislative Event Costs Totaled

Wisconsin

Armageddon in Wisconsin

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.

News You Can Use is a news service provided at no charge only to clients of our online Executive Source Guides, or ALERTS™ consulting clients.