February 20, 2013 •
Kentucky Bill Would Prohibit Lobbying During Legislative Sessions
Both regular and extraordinary sessions covered by ban
Senator Ray Jones has introduced a bill to prohibit lobbying during legislative sessions. Senate Bill 183 prohibits both legislative and executive lobbyists from contacting any member of the General Assembly, directly or indirectly, regarding any issue, bill, or proposal under consideration by the General Assembly during regular or extraordinary sessions.
The bill restricts the definitions of legislative agent and executive branch lobbyist to include only those who either receive compensation for lobbying, or those lobbying on behalf of more than one group, organization, business, or public interest issue entity. If passed, lobbyists violating the prohibition will face a fine of $500 for each violation.
February 19, 2013 •
Tuesday Lobbying and Campaign Finance News
Keep up with the latest government relations news with these articles:
“Lobbyists Use Campaign-Style Opposition Research to Turn Tables on Rivals” by Kate Ackley in Roll Call.
“Data mining is new lobbying gold” by Byron Tau in Politico.
“First ladies, first lobbyists?” by Kristin Donnelly in MSNBC.
Arizona: “Arizona senators look to revamp lobbying gift ban” by The Associated Press in the Arizona Daily Sun.
Colorado: “Colorado gun-control bills draw no big lobbying money — yet” by Karen E. Crummy in the Denver Post.
Florida: “Legislative lobbying hit $123 million last year” by Travis Pillow in the Tallahassee Democrat.
Georgia: “Vote possible on proposed Ga. lobbying rules” by The Associated Press in the Daily Citizen.
Kansas: “Lobbyists vouch for bill to increase spending limits” by Andy Marso in the Topeka Capitol-Journal.
Nebraska: “Senators want to stop lobbyist contributions during session” by Kevin O’Hanlon in the Lincoln Journal Star.
Philadelphia, Pennsylvania: “Nutter asks Ethics Board for ruling on city lobbying regs” by Jan Ransom in the Philadelphia Inquirer-Daily News.
Campaign Finance
“Watchdog groups warn of fundraising scandal in Obama second term” by Alexander Bolton in The Hill.
Alaska: “Democratic proposal seeks campaign finance change” by The Associated Press in the Anchorage Daily News.
California: “Proposal would repeal limits on campaign contributions in California” by Patrick McGreevy in the Los Angeles Times.
New York: “Public Forum Discusses Campaign Finance Reform” by Adam Littman in the Nanuet Patch.
New York: “Republican candidate George McDonald tries an unusual path to New York’s mayoralty: the brazenly defiant fundraising scofflaw” by Jonathan Lemire in the Daily News.
Ethics
Colorado: “Ethics commission delays release of Gessler probe once again” by Tim Hoover in the Denver Post.
Florida: “Michelle Anchors appointed to Commission on Ethics” by Tom McLaughlin in the NWF Daily News.
North Carolina: “Lawmakers’ economic interests not easily tracked” by Mark Binker in WRAL.
Oklahoma: “New Ethics Commission director eyes reforms” by James Coburn in the Edmund Sun.
Knox County, Tennessee: “Panel to examine ethics commission makeup, scope of investigative powers” by Mike Donila in the Knoxville News-Sentinel.
February 15, 2013 •
Lobbying Services Could Be Taxed Under Governor Kasich’s Budget Plan
Ohio sales tax extended to many services currently exempt
Lobbying and consulting services could soon be subject to sales tax under Governor John Kasich’s budget proposal. House Bill 59, the governor’s expansive budget bill, proposes to decrease the state sales tax rate, but makes up for lost revenue by increasing the services subject to sales tax. All service transactions would be subject to the tax unless specifically exempted in the bill, including legal and accounting services.
You can view a list of the services that will be covered by the sales tax here.
While Governor Kasich predicts lobbyists will attempt to remove the tax on their industry from the budget bill, a Florida Institute of CPAs lobbyist claims it’s not just self-interest–determining who is taxed and who pays can be tricky when lobbying firms hire both accountants and lawyers to assist with projects.
If passed, the sales tax will apply to all non-exempt services rendered on or after September 1, 2013.
February 15, 2013 •
News You Can Use Digest – February 15, 2013
Here are highlights from the latest edition of News You Can Use:
From the States and Municipalities:
California – Donor to Three Mayoral Candidates Hit with $170,000 Ethics Fine
Connecticut – Howls as Malloy Tries to Shorten Leash on Watchdogs
District of Columbia – D.C. Campaign Finance Proposals Await More Public Comment
Florida – Cashing in on State Contracts Becomes Growth Industry
Florida – Gov. Rick Scott Turns to Lobbyists to Help Push His Agenda
Georgia – New Lobbying Rules Would Prohibit Airfare Expenses
Illinois – Diluted Emanuel Ethics Proposal Finally Gets Nod
Kansas – Legislature Mulls Changing Official Lobbying Threshold
Massachusetts – Lynch, Markey Sign Pledge to Limit Third-Party Ads
New Jersey – Head of Lobbying Firm Hired by AshBritt Will Host Christie Fundraiser
New Jersey – N.J. Firms Donated over $700,000 to Republican Governors Association
New York – Lobby for Cuomo Keeps Donors Secret
South Carolina – South Carolina Attorney General Forwards Complaint against House Speaker Harrell to SLED
Texas – In Some Cases, Government Is All Relative
Virginia – Virginia General Assembly Displays State’s Exceptionalism and its Exceptional Weirdness
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.
February 14, 2013 •
American League of Lobbyists Offers Statement
Response to the President’s State of the Union Address
The American League of Lobbyists has issued a statement in response to President Obama’s State of the Union Address on Tuesday night.
Monte Ward, the organization’s president, said on their site: “Lobbyists are the professional advocates who help educate lawmakers every day about how their action (or inaction) affects the nation. Lobbyists will be critical components helping our federal lawmakers to understand the implications of their votes on the issues that they will tackle.”
The American League of Lobbyists statement provides a summary of the group’s self understanding and a reflection on the nature of the lobbying industry, with an eye to the future. You can find a pdf file of their “Recommendations for Improving the Regulation of Federal Lobbyists” at this link.
February 14, 2013 •
Chicago City Council Passes Watered-Down Ethics Ordinance
Mayor Emanuel Vows to Continue Fight
The Chicago City Council approved phase two of Mayor Rahm Emanuel’s ethics reform. This time, however, it didn’t come easy and the mayor is not completely satisfied with its outcome. The set of reforms focused mainly on public officials.
Mayor Emanuel’s proposal included a two year ban on lobbying after leaving city council office and allowing citizens to make anonymous complaints against aldermen. The city council was against both of these provisions and eventually passed a watered-down version of the proposal.
The ban on lobbying will only last for one year and does not take effect until January 1, 2014. The idea of anonymous complaints was completely tossed out; as the aldermen were afraid the tactic would be used by political enemies to gain an advantage. Emanuel was not pleased with the changes. He vowed to continue to fight for the anonymous complaints and mentioned the aldermen are just playing into the hands of the cynics.
Following the council’s vote Emanuel said, “I believe all of you work really hard. You don’t get credit for how hard you work. You get an unfair rap. But when you take an action like you just took, it reinforces a cynicism about you.” He added, “I want you all to know that is not the end of the process. I’m going to continue to do it.”
Photo of the Daley Plaza and Chicago City Hall by JeremyA on Wikipedia.
February 14, 2013 •
Thursday News Roundup
Happy Valentine’s Day! Here are some great articles for today’s government relations news summary:
Lobbying
Kansas: “Legislature mulls changing official lobbying threshold” by Vikaas Shanker in the Topeka Capital-Journal.
Louisiana: “Study ties Jindal tax plan to ALEC” in the Baton Rouge Advocate.
Maryland: “Bills seek to slow the revolving door of public officials into lobbying” by Becca Heller in the Maryland Reporter.
Campaign Finance
“ABA Supports Disclosure of Secret Political Spending” by Ian Vandewalker in the Brennan Center for Justice Blog.
Hawaii: “Mayor donor fund took in $360,000; Ethics digging deeper” by Gina Mangieri in KHON2 News.
New Jersey: “N.J. firms donated over $700,000 to Republican Governors Association” by John Reitmeyer and Melissa Hayes in the Bergen Record.
Rhode Island: “Local Politicians Owe $1.3M in Campaign Fines” by Stephen Beale in GoLocal Prov.
Ethics
Connecticut: “Conflict of interest bill gains traction” by Ken Dixon in the Connecticut Post.
Iowa: “Ethics committee won’t reprimand Iowa state senator” by Mike Wiser in the Quad-City Times.
Kentucky: “Metro ethics bill passes House panel” by Joseph Gerth in the Courier-Journal.
Maine: “Maine bill seeks to end cozy relations between state officials, private firms” by Naomi Schalit and John Christie in the Portland Press Herald.
Rhode Island: “Drive to reinstate R.I. Ethics Commission power over legislators resumes” by Katherine Gregg in the Providence Journal.
February 13, 2013 •
Wednesday Government Relations News
Keep up with the latest articles on lobbying, campaign finance, and more!
Lobbying
“The Dodd-Frank Cashout: Frank staffers launch lobbying firm” by Timothy P. Carney in the Washington Examiner.
“Al Jazeera signs a lobbying firm” by Anna Palmer in Politico.
“K Street Files: Ex-Frank Aides Open Lobbying Shop” by Kate Ackley in Roll Call.
“Lobbying World” in The Hill.
Campaign Finance
Arizona: “Teeth sought for campaign-finance law” by Howard Fischer in the Arizona Daily Star.
Utah: “Senate OKs $50 limit on anonymous campaign contributions” by David Montero in the Salt Lake Tribune.
Redistricting
“Redistricting board waiting on word from court” by The Associated Press in the Juneau Empire.
Open Government
“Mo. lawmakers endorse Sunshine Law measures” by The Associated Press in the News Tribune.
State of the Union
“Word cloud: Obama’s State of the Union speech” by Megan H. Chan in Politico.
“The State of the Union speech — in word clouds” by Aaron Blake in the Washington Post.
February 12, 2013 •
Ask the Experts – Tracking Non-lobbyist Time
Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.
Q. We’ve had some disagreement internally within our organization – please help. As a federal registrant employing in-house lobbyists, are we only required to report the time and expenses associated with our “registered” lobbyists.
A. It’s a good question. The answer to which often gets lost amongst the efforts to report lobbyists’ activities. Federal registrants are certainly required to make best efforts to track, capture, and report the lobbying activities and expenses of those employees who meet the 20% threshold standard (lobbyist employee). In addition, registrants are equally required to track, capture, and report expenditures associated with employees who do not meet the 20% threshold but still engage in lobbying activities during the course of the quarter (non-lobbyist employees.) The names of non-lobbyist employees are not included on the report and neither is information related to what issues they addressed or contacts they made. That said, the Secretary of the Senate and Clerk of the House have consistently advised that all employee time spent engaged in lobbying activities should be included when determining an organization’s lobbying expenses, even when the employee(s) does not meet the statutory definition of being a lobbyist. In line with the best efforts standard, then, it is important to have in place reasonable, demonstrable processes to capture both lobbyist and non-lobbyist activities.
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.
February 12, 2013 •
Legislation We Are Tracking
More than 1,000 legislative bills
At any given time, more than 1,000 legislative bills, which can affect how you do business as a government affairs professional, are being discussed in federal, state, and local jurisdictions. These bills are summarized in the State and Federal Communications’ digital encyclopedias for lobbying laws, political contributions, and procurement lobbying, and can be found in the client portion of the State and Federal Communications’ website.
Summaries of major bills are also included in monthly e-mail updates sent to all clients. The chart below shows the number of bills we are tracking in regards to lobbying laws, political contributions, and procurement lobbying.
February 12, 2013 •
Tuesday Lobbying and Campaign Finance News
Keep up with the latest government relations news with these articles:
Lobbying
“Wall Street tipsters brace for exposé on their industry, scrutiny from Capitol Hill” by Kevin Bogardus in The Hill.
Wisconsin: “Bill to prevent revolving door” by Alice Coyne in the Badger Herald.
Campaign Finance
“Congressman seeks to overturn Citizens United” by the Associated Press in U.S. News & World Report.
Arizona: “Phoenix launches searchable campaign-finance website” by Dustin Gardiner in the Arizona Republic.
Florida: “House moves ahead with plan to end slush funds, raise campaign contribution limits to $10,000” by Mary Ellen Klas in the Miami Herald.
Ethics
Florida: “Former state GOP chairman Jim Greer pleads guilty to theft, money laundering” by Lucy Morgan in the Miami Herald.
Social Media
Eric Brown’s Political Activity Law blog points out that next week is Social Media Week.
“Do Governments Need Personal Social Media Policies?” by Colin Wood in Government Technology.
February 11, 2013 •
North Carolina – New Lobbying Rules
The North Carolina State Ethics Commission has adopted four new rules concerning lobbying that went into effect on January 1, 2013.
The first rule details when non-lobbyist employees must register as a lobbyist. In North Carolina, an employee must register as a lobbyist if a significant part of that employee’s job duties include lobbying. The new rules stipulate that this threshold is met if at least five percent of an employee’s duties include direct or goodwill lobbying during any rolling 30 day period. Once this threshold is met, the employee must register as a lobbyist within one business day.
The second rule explains what must be included when providing a description of a reportable expenditure for the lobbyist reports. The description must identify what was given, who the third party was that received the expenditure, and the name of the event or meeting where the expenditure was given.
The third rule describes how to determine the immediate family member who is connected with a reportable expenditure. On the reports, the name of the designated individual or immediate family member connected with the expenditure must be reported. The person that must be identified is the person who either received or benefited from the expenditure, or who requested the expenditure be made on someone’s behalf.
The fourth and final rule effecting lobbying details what must be reported in connection with a lobbying event. The entire cost of a lobbying event must be reported, rather than just the costs of any gifts given. Examples of the non-gift expenditures that must be reported include supplies, facility rental, food, name badges, flowers and other decorations, planning services, and all other expenses and charges incurred in connection with the lobbying event.
February 11, 2013 •
Monday News Roundup
Let’s start off the week with these lobbying, campaign finance, and ethics news articles:
Lobbying
District of Columbia: “Washington lobbying is key part of Williams Mullen’s evolution” by Catherine Ho in the Washington Post.
North Dakota: “Bill would allow use of public funds to hire lobbyists” by Nick Smith in the Bismarck Tribune.
Texas: “Despite Reforms, Some Elected Officials Still Lobby” by Aman Batheja in the Texas Tribune.
Campaign Finance
“Former Rep. Jesse Jackson Jr. admits to campaign finance violationsFormer Rep. Jesse Jackson Jr. admits to campaign finance violations” by ASndrew Rafferty in NBC News.
“Review: Ex-House members still dipping into campaign funds” by Fredreka Shouten in the Montgomery Advertiser.
District of Columbia: “D.C. campaign finance proposals await more public comment” by Tim Craig in the Washington Post.
Florida: “Indicted Developer Jay Odom Set to Enter Plea in Campaign Finance Case” by Lucy Morgan in the Ledger.
Georgia: “Ralston Amends Proposed Lobbying Rules” by the Associated Press in GPB News.
Iowa: “Campaign finance bill offers new approach” by William Petroski in the Des Moines Register.
Montana: “Several campaign finance bills introduced in 2013 session” in the Missoulian.
Philadelphia, PA: “2 move to regulate campaign $” by Jan Ransom in the Philadelphia Inquirer.
Ethics
Connecticut: “Legislator pushes conflict of interest bill” by Brian Lockhart in the Connecticut Post.
Idaho: “Lawmakers propose ethics committee” by Katherine Wutz in the Idaho Mountain Express.
Oklahoma: “New Ethics Commission leader seeks better campaign-reporting software” by Barbara Hoberock in Tulsa World.
West Virginia: “Ethics Commission in contract talks with director finalist” by Phil Kabler in the Charleston Gazette.
Open Government
Oklahoma: “Disputes over Oklahoma’s open records and open meetings laws continue” by Zeke Campfield and Phillip O’Connor in the Oklahoman.
Redistricting
Ohio: “Ohio Redistricting Overhaul Gains Support” by Josh Goodman in Stateline.
Social Media
“Social Media: Becoming a Trusted Source for Political Information” by Pam Greenberg in NCSL’s The Thicket.
February 8, 2013 •
News You Can Use Digest – February 8, 2013
Here are highlights from the latest edition of News You Can Use:
National:
U.S. Groups Flex Their Muscles in Brussels
From the States and Municipalities:
California – FPPC Examining Changes to California Lobbyist Disclosure
Colorado – Judge Denies Halting Ethics Probe of Gessler; Appeal Coming
Kansas – NRA Lines Up Support for Anti-Public Lobbying Bill
Maine – America’s Capital of Divided Government
Maryland – Maryland Ethics Panel Says Delegate Should Not Have Tried to Silence Football Player
Massachusetts – DiMasi, Lobbyist Ask Appeals Court to Overturn Convictions
Massachusetts – Lobbyists Win Challenge to Galvin Requirement
Missouri – Missouri Gov. Nixon Got Donation from Contractor While Decrying Big Political Money
Nebraska – Nebraska Lt. Gov. Rick Sheehy Resigns in Scandal Involving Cell Phone Calls to Four Women
New Jersey – N.J. Budget Official Questions Florida Debris Firm’s $100 Million Contract, Political Connections
New York – Two Campaign Aides Going on Trial, but Comptroller May Face Judgment
Texas – Text Donations Spread Down Ballot
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.
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.