January 16, 2012 •
News You Can Use Digest – January 16, 2012
Here are highlights from the latest edition of News You Can Use:
Federal:
Democratic National Convention Rules Set off K St. Scramble
GOP Uses Citizens United to Challenge Corporate Donation Ban
What Donors? Super PACs Buy Time to Keep Secret the Names of Donors Ahead of GOP Primaries
From the States and Municipalities:
Arizona
State Sen. Scott Bundgaard Resigns from Legislature
California
Assemblywoman Mary Hayashi’s Shoplifting Incident Raises Medical Questions
Georgia
Idaho
Idaho Leaders Ready to Strengthen Ethics Laws
Illinois
Lobbying Disclosure Rules Spotty
Massachusetts
Ex-Avon Worker’s Revenge Attempt Brings $5,000 Fine
Mississippi
Mississippi Court Halts Quick Release of Some Pardoned
Montana
SCOTUS Expected to Weigh Montana Campaign Finance Appeal
New Jersey
Bill to Prohibit Political Fundraising at Government Facilities Wins Legislature’s Approval
New Mexico
Judge Puts Parts of Contribution-Limits Law on Hold
North Carolina
Oregon
Campaign Finance Regulations Go Before High Court
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.
January 13, 2012 •
Georgia Group Calls for Lobbyist Gift Limits
A bill is expected this session
The Georgia Alliance for Ethics Reform, which includes members of Common Cause and Georgia Tea Party Patriots, is pushing for gift limits that would cap lobbyist spending on lawmakers at $100 in the hopes of curbing lobbyist influence of elected officials. The group’s reforms would also ban public officials and their family members from serving on the state ethics board or holding government contracts.
State Representative Tommy Smith says he is willing to sponsor the bill this session and is looking for other lawmakers to join him.
However, House Speaker David Ralston downplayed the need for more ethics legislation. Speaker Ralston believes the existing reporting requirements sufficiently limit lobbyist influence by keeping the public informed.
Photo of the Georgia State Capitol dome by connor.carey on Wikipedia.
January 13, 2012 •
Friday News Roundup
Here are some breaking news items for today:
Lobbying:
“Group pushes ethics reform in hopes of curbing lobbyist influence at Georgia Legislature” by Errin Haines (Associated Press) in The Republic.
Campaign Finance:
“Late Night: Stephen Colbert drops ‘super PAC’ to run for president” by Meredith Blake in the Los Angeles Times. (with a wink…)
“Super PACs are making their rich presence felt in 2012 campaigns” David Goldstein in the Sacramento Bee.
“Summary of Kansas Senate Campaign Finance Reports” in the Missouri News Horizon.
“The 20 Largest Campaign Donors in Rhode Island” by Dan McGowan on golocalProv.com.
“No action taken on Oklahoma’s campaign disclosure laws” by Michael McNutt in the Daily Oklahoman.
Ethics:
“John Edwards trial: Lawyers request for delay will be considered by judge” by The Associated Press on Politico.
“Prison for ex-Rep. Siljander: He aided terrorist-linked charity” by Matt Pearce in the Los Angeles Times.
January 11, 2012 •
Idaho Secretary of State Announces Lobbyist Report Electronic Filing
E-filing to Begin with February 15, 2012 Report
Electronic filing for lobbyist reports will be available beginning with the report due February 15, 2012 covering the month of January 2012.
You can read the press release from the Office of the Secretary of State here.
January 10, 2012 •
Washington House Committee on State Government and Tribal Affairs to Discuss House Bill 1474
Makes Electronic Lobbyist Filing Mandatory
The Washington House of Representatives, Committee on State Government and Tribal Affairs, has scheduled a public hearing for January 11, 2012 and a possible executive session for January 12, 2012 to discuss House Bill 1474 which would make electronic filing of lobbying reports mandatory.
It would also create new fees associated with electronic filings by lobbyists, lobbyist employers, and PACs.
If passed by both chambers and signed by the governor, changes will be effective July 1, 2012.
Photo of the Washington House of Representatives Chamber by Cacophony on Wikipedia.
January 9, 2012 •
North Carolina Lobbyist Fine Overturned
Portions of Lobbying Law Found Ambiguous As Applied
NORTH CAROLINA: Wake County Superior Court Judge Paul Ridgeway has cleared former lobbyist Don Beason of misconduct, finding parts of North Carolina’s lobbying reform law are ambiguous as applied and the secretary of state overreached in fining Beason.
The court held that Beason does not have to pay the $30,000 fine imposed on him. Secretary of State Elaine Marshall fined Beason a record-setting $111,000 in 2010, an amount that was later reduced, for failing to make required disclosures about companies he was representing.
Judge Ridgeway stated North Carolina law defines a lobbyist as someone who communicates directly with legislators or their employees, but there was no evidence Beason directly contacted anyone on behalf of the companies he represented. Additionally, because the law gave the state ethics commission the authority to interpret the act and the secretary of state the power to administer it, Marshall overstepped her authority in interpreting the act and fining Beason.
January 6, 2012 •
NPR Story Discusses Return on Lobbying Investment
“Corporations don’t lobby Congress for fun.”
Thank you to Political Activity Law blog for bringing this to our attention. As part of its series about lobbying and U.S. politics on Morning Edition, NPR broadcast a story about how a study calculated what money corporations saved through a tax break from the American Jobs Creation Act versus what they spent lobbying on the legislation.
You can listen to the podcast and read the summary of the story at “Forget Stocks or Bonds, Invest in a Lobbyist” by Alex Blumberg on NPR. Here is the link to the previous podcast “Inside Washington’s Money Machine” from November 1, 2011.
Here is the original study conducted by Raquel Alexander, Stephen Mazza, and Susan Scholz.
January 4, 2012 •
Lobbying in the News
New York lobbyist Richard Lipsky to plead guilty, a pep talk for lobbyists to use social media, and a phone app to log lobbying activity.
“Lobbyist Is Expected to Plead Guilty in Corruption Case” by Benjamin Weiser in The New York Times .
“Why Would a Lobbyist Need Social Media?” by John Hall on Social Media Today.
“Too many lobbyists? There’s an app for that” by Anthony Man and Larry Barszewski in The South Florida Sun-Sentinel. (Thank you George Ticoras for seeing this one!)
January 4, 2012 •
2012 Guidebooks Are Here!
The State and Federal Communications, Inc. research staff has updated this Executive Source Guidebook and we are pleased to provide it to our valued clients.
This quick desk reference combines information from our online resources and lists the information by state:
– The Executive Source Guide on Lobbying Laws™;
– The Executive Source Guide on Political Contributions™; and
– The Executive Source Guide on Procurement Lobbying™.
This guidebook is filled with valuable information. However, we also caution it has two limitations:
The online resources, which you receive either through your subscription or as part of your lobbying compliance service, are comprehensive. This guidebook summarizes information in the online resources, and is meant only as a quick-reference guide.
While this guidebook is accurate and timely when we print it, please understand our online resources are updated continually. We provide this guidebook to you as a convenience, but your ultimate source of information should always be the online resource(s) to which you subscribe.
We consider this guidebook another value-added benefit of your partnership with State and Federal Communications. You also receive, via e-mail, monthly updates of important compliance legislation on the federal and state levels; News You Can Use™, our weekly summary of current news and events regarding compliance; and the Compliance Now newsletter with even more information.
Please call us at (330)761-9960 or email marketing@stateandfed.com if you would like to learn more about State and Federal Communications’ compliance services. Be sure to contact us if you are already a client and need to have your subscription username or password forwarded.
We are privileged to have you as clients, and are pleased to be your trusted adviser for government affairs compliance.
January 4, 2012 •
Title 15 and the Maryland Mandate
Last year, Maryland’s legislature passed a public ethics law, Title 15, after finding an erosion of public confidence in government decisions due to improper influence.
Title 15 requires government officials and employees to disclose their financial affairs and sets minimum ethical standards for the conduct of state and local business. The law also requires all counties, municipalities, and school boards adopt ethics standards at least equal to the state’s ethics law with regard to conflicts of interest, financial disclosure, and lobbying. Each local ethics commission is required to certify its compliance with the Maryland Ethics Commission on or before October 1st of each year, beginning in 2011.
Some local officials are still working toward agreement and passage of the required bills. Although officials may follow the state’s guidelines, many are choosing their own paths. For instance, the registration thresholds for lobbyists in Title 15 include an expenditure clause and a gift clause: $500 in expenditures towards influencing legislative or executive action; or $100 in gifts for the purpose of influencing executive action. The recently passed Charles County bill has a $100 gift threshold, while Alleghany County’s gift threshold is $200. Neither bill includes an expenditure clause. However, in Howard County, there is a $100 expenditure threshold for any lobbying activity, but no gift threshold.
Conflict of interest rules have also been the subject of debate. Title 15 forbids former public officials (other than legislators) and employees from assisting or representing a party in a contract or other specific matter for compensation if the former official or employee participated significantly in the matter as an official or employee. Frederick County attempted to limit this prohibition to one year for former commissioners with an exemption for former employees. This modification was rejected by the state. The Frederick County delegation now plans to propose changes to Title 15 before the general assembly to allow the one year limitations.
Counties such as Baltimore and Montgomery continue to debate and, as of December 1, 2011, had yet to approve a final version of the required ethics bill.
In the latest development, the State Ethics Commission met to respond to exemption requests. According to the Maryland Municipal League web site:
“The Maryland State Ethics Commission met on December 8 to consider a number of exemption requests from various municipalities around the state. Several jurisdictions were requesting an extension of an existing exemption, while some cities and towns were requesting new exemptions from the recently enacted financial disclosure reporting requirement. The results were varied, although it seemed as though population and budget size were the criteria most often cited by the members of the Ethics Commission when exemptions were being considered. For more information, please contact Tom Reynolds or Candace Donoho on the MML staff.”
January 3, 2012 •
Entirety of Palm Beach County, Florida Soon to Require Lobbyist Registration
Board of County Commissioners Votes to Extend Registry to County’s 38 Cities
Lobbyists wishing to lobby in any of Palm Beach County, Florida’s 38 cities will soon be subject to a countywide lobbyist registry, as approved by the Palm Beach County Board of County Commissioners at their most recent meeting.
Lobbyists will be required to pay $25 to register the names of their clients, while also being required to submit annual expense reports. There will also be limits on gifts from lobbyists.
A city may opt out of the countywide registry, but then must create its own registry.
Photo of Palm Beach by Michael Kagdis on Wikipedia.
January 3, 2012 •
Maryland Lobbyist Is Back as the Top Earner
According to the Maryland State Ethics Commission, Gerard Evans – who was convicted of fraud and spent time in prison – is back in the top earning position in the state for the past year.
Read the full story in “Evans regains top lobbying spot in Annapolis” by John Wagner in the Washington Post.
Here is a list of the top 135 lobbyists in compensation in Maryland by the State Ethics Commission.
January 3, 2012 •
Philadelphia Lobbyist Registration Begins
Board of Ethics Creates Interim Paper Filing System
The City of Philadelphia Board of Ethics has provided interim paper registration forms and instructions for lobbyists, lobbying firms, and principals to be used until an online registration and reporting system is completed. The registration forms allow filers to fill-in information before printing.
The board reminds filers that registration is not complete until a form is printed, signed, and mailed or delivered to the board of ethics with the registration fee.
Registration must occur within ten days after both the commencement of lobbying and the exceeding of thresholds. However, no event occurring prior to January 3, 2012 is relevant to determining the thresholds, registration date, or expense reporting.
January 3, 2012 •
Experts React to Abramoff 2.0
Elizabeth Bartz quoted in Bloomberg article.
Bloomberg Business Week has gathered a variety of opinions about the emerging Jack Abramoff redux-as-ethics-teacher phenomenon. The Kentucky Legislative Ethics Commission hired Jack Abramoff to be a speaker on the subject of ethics at their upcoming legislative training and people are reacting.
Elizabeth Bartz, President and CEO of State and Federal Communications, and Howard Marlowe, President of the American League of Lobbyists offered their thoughts. You also can find opinions from Craig Holman of Public Citizen in Washington, Melanie Sloan, the director of Citizens for Responsibility and Ethics in Washington, and even Jack Abramoff himself.
Bartz was quoted saying: “Certainly you want to give people a chance to rehabilitate themselves. But is Jack Abramoff rehabilitated? I don’t think so.”
You can read the coverage in “Abramoff as Ethics Guru Latest Chapter in Political Second Acts” by Julie Bykowicz.
Don’t miss Scott Suttell’s “Even Those in the lobbying business aren’t Jack Abramoff fans” where he says Bartz’s comment is a contender for “quote of the year.”
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.