Q. Some of the state lobbying reports ask about my travel expenses. What does this include?

A. “Travel expenses” is a phrase used by several states. It can refer to two different types of expenditures.

Some states require the disclosure of personal, reimbursed expenses incurred while lobbying. This would include food and beverage, hotels, cab fare, and travel expenses for a lobbying trip. Iowa, for instance, requires lobbyist employers to disclose all reimbursements made to their lobbyists. So, if a lobbyist lives in Topeka and flies to Des Moines to communicate with a legislator, the airfare is a reportable expense. Note, however, this generally only applies if the primary purpose of the trip is lobbying as defined by the state. A trip during which the lobbying contacts made were incidental to the main purpose of the travel would usually not need reported.

Other states, however, require the reporting of airfare or other travel costs paid by a lobbyist on behalf of a legislator or other public official. In Idaho and Mississippi, for example, a lobbyist or lobbyist employer may pay for a public official to travel to an event or to the company’s facilities, and the cost of the travel must be reported.

In all of these cases, the state reports request “travel expenses.” As you can see, it is very possible for the same words to have different meanings in the eyes of different states. When in doubt, lobbyists and employers can always contact us for guidance.

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.

National:

Conservative Nonprofit Acts as a Stealth Business Lobbyist

Social Media Directors Increasing in Government

Federal:

‘We the People’ Petition Site the Newest Tool in K Street Lobbying Repertoire

Who Pays When The President Travels for The Campaign?

From the States and Municipalities:

Alabama

House OKs Lobbyist Penalty

California

AT&T Wields Enormous Power in Sacramento

California

California Ethics Czar Urges Disclosure of Payments to Web Pundits

Louisiana

Cap on Legislative Wining and Dining Moves to $56

Minnesota

Debt-Laden Minnesota GOP Notified of Eviction

New York

Lobby Formed for Cuomo Blew Deadline

North Carolina

Charles Thomas, N.C. Speaker’s Top Aide, Linked to Lobbyist

North Dakota

North Dakota Bridles at Neighbor’s Capitol Insult

Pennsylvania

Pennsylvania Lawmaker Wins and Loses on the Same Day

South Carolina

ALEC Has Special Exemption in South Carolina’s Lobbying Law

West Virginia

Ethics Ruling Regarding House Speaker Raises Concerns

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.

Elizabeth Bartz, President and CEO of State and Federal Communications, and John Cozine, Research Manager for the company, contributed to a publication by the National Association of State Procurement Officials (NASPO). The white paper, “Effective Communication between State Procurement and Industry,” was presented at NAPSO’s recent national meeting.

The How to Market to State Governments Meeting was held April 15-17 in Orlando, Florida.

State and Federal Communications’ contribution can be found in the “Vendor Reporting and Disclosure” section, which covers compliance issues regarding lobbying, vendor disclosure, and pay-to-play.

“We felt it was important that we participate to make sure the paper included information about compliance,” said Bartz.

“Big lobbying spending dips” by Dave Levinthal in Politico.

“U.S. Chamber of Commerce Continues to Spend Heavily on Lobbying, Filings Show” by Kate Ackley in Roll Call.

“K Streeters Adjusting to Loss of Earmarks” by Kate Ackley in Roll Call.

“Fears of lame-duck session in Congress could boost K Street’s bottom line” by Kevin Bogardus and Rachel Leven in The Hill.

California: “How to wire a state capital” by Charles Mahtesian in Politico.

California: “AT&T wields enormous power in Sacramento” by Shane Goldmacher and Anthony York in The Los Angeles Times.

Minnesota: “Not all laws come from high-powered lobbying campaigns” by John Reinan in the MinnPost.

National:

WellPoint Is Focus of Aggressive Effort to Force Political Spending Disclosures

Federal:

Federal Judge Rules for FEC in Contractor Donation Dispute

Mystery Donor Gives $10 Million to Crossroads GPS Group to Run Anti-Obama Ads

From the States and Municipalities:

Alabama

Ethics Law Curveball

Arizona

Arizona Senate Rejects New Bans on Meals, Donations

California

Corruption Can Leave Cities with Enormous Legal Bills

California

S.B. County Seeks to Bring in Political Watchdogs

Florida

Authorities Call for Tougher Campaign Finance Laws Following Rivera Probe

Illinois

Small Town Rocked by $30 Million Theft Case

New Jersey

How N.J. PACs Are Skirting the Law on ‘Pay-to-Play’

South Carolina

State Ethics Agency Pinched by Staff Shortage

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.

Elizabeth Bartz, President and CEO of State and Federal Communications, was a presenter at the National Summit on Strategic Communications in Washington, D.C. yesterday.

The session was “Lobbying and Advocacy: Winning Strategies for Changing Times.” According to the conference agenda, the discussion consisted of the following:

“Thousands of political players, representing various causes, lobby on issues through diverse and fluid factions. Some research suggests that these factions often cancel each other out and prevent disruptive swings in public policy. Yet, this is no reason for organizations to step away from political involvement. As agencies and governments struggle with growing needs for services and large budget cuts, companies will be expected to play an even greater role in addressing society’s problems and advocating for solutions.”

The panel featured Elizabeth Bartz and Story Partners Chairperson Gloria Story Dittus, and was moderated by Tim Flaherty, Principal at Booz Allen Hamilton.

Florida: “In wake of ‘Taj Mahal’ scandal, Florida Supreme Court approves new lobbying rules for judges” by Lucy Morgan in the Tampa Bay Times.

Florida: “Florida Supreme Court to judges: No lobbying” by Lucy Morgan in The Miami Herald.

Georgia: “Georgia ethics commission goes easy on late campaign reports after change in process” by Walter C. Jones in The Florida Times-Union.

Idaho: “Retiring ID Rep. lands at lobbying, marketing firm” by The Associated Press in the Idaho Statesman.

Kansas:  “Corporations drop memberships in ALEC, which has strong ties to Kansas Legislature” by Scott Rohtschild in the Lawrence Journal-World.

Maryland: “Campaign Finance Transparency Measures Pass General Assembly” by Megan Poinski in Southern Maryland Online.

Massachusetts: “House may pull PR, CEOs, communications specialists into lobbying definition” by Colleen Quinn in the Boston Herald.

Following a board meeting, American League of Lobbyists President Howard Marlowe announced the group has approved rules that would require more people to register as lobbyists, as well as other transparency measures.

For full news coverage, be sure to read: “Lobbyists OK Lobbying Reform Proposals”by Andrew Joseph in the National Journal.

According to the National Journal: “The reforms, more than a year in the making, include lowering the registration thresholds, mandating that lobbyists who work for state and local governments or religious organizations register, and shifting enforcement from the U.S. Attorney’s Office to the Justice Department.

The plan would require a person who spends 10 percent of their time lobbying to register as a lobbyist, down from the current 20 percent threshold. And it lowers the number of paid lobbying contacts a lobbyist can have per quarter before registering from two to one. The proposal also shortens the registration window from 45 days to 20 days and would require all lobbyists to undergo ethics training and attend a refresher course every five years.  The proposal preserves exemptions for citizen lobbyists.”

Here is the American League of Lobbyists press release.

Also read: “American League of Lobbyists suggests new rules” by Abby Phillip in Politico.

“American League of Lobbyists Announces Tougher Lobbying Rules” by Andrew Ramonas in The Blog of Legal Times.

“White House abandons push for federal contractors to disclose political giving” by Mike Lillis in The Hill.

“F.C.C. Pushes for Web Site on TV Political Ad Spending” by Brian Stelter in The New York Times.

“Limits on Lobbyists as Hosts? Simply Unworkable, They Say” by Robert Pear in The New York Times.

“FEC Ruling Leaves Ad Uncertainty” by Eliza Newlin Carney in Roll Call.

Arkansas: “Campaign Finance Reform in Arkansas Enters a New Phase” by KARK 4 News.

Maryland: “Lobbyist scores a ‘scoop’ of sorts” by Michael Dresser in The Baltimore Sun.

Attorney General Dustin McDaniel certified the language of a proposed initiated act regarding campaign finance and ethics law. The measure would prohibit direct corporate and union contributions to individual campaigns. Currently, corporations and unions are able to directly contribute at the same $2,000 level as individuals.

The measure would also ban lawmakers from accepting gifts of any value from lobbyists. Legislators can currently receive gifts, food, or other items valued up to $100 from a lobbyist.

The group supporting the measure, Regnat Populus, must gather at least 62,507 signatures by July 6 to qualify for the November ballot.

There still might be a few of you out there who remember before BCRA and HLOGA, when we only needed to submit a quarter of a page card as our federal lobbying report. Those were the days, my friend!

These days you need to clear your schedule so you can:

1. Compile and track activity in accordance with your organization’s needs;
2. Conduct extensive outreach and follow up to capture applicable expenses/costs;
3. Obtain salaries of all employees engaged in lobbying activities—whether registered or not;
4. Respond to questions about reporting requirements;
5. Provide definitions for determining applicability;
6. Institute tracking mechanisms for Issues and Agency contacts;
7. Coordinate with outside consultants to ensure accurate reporting;
8. Coordinate LD-203 filing process;
9. Prepare documentation in case of an audit; and
10. File the report.

What??? You are not doing this? You are guesstimating! Tell me that is not the case.

If you are in DC you have probably seen me with Rebecca South, Federal Compliance Associate. She has created an amazing program to help the top Fortune 500 companies insure timely and accurate compliance for the LD-2 and LD-203 reports. If we can help alleviate your quarterly headaches, please feel free to contact her at rsouth@stateandfed.com.

Until next month, remember the LD-2 isn’t the only report due in April. According to our Key Dates chart, there are 112 lobbying/employer reports due in this country’s states, counties, and cities.

A bill requiring lobbyists to disclose all legislation they are trying to influence will be introduced into the Delaware Senate, possibly as soon as this week.

Senate Bill 185, as proposed by Senator Anthony J. DeLuca and endorsed by Governor Jack Markell and members of both parties of the General Assembly, mandates lobbyists report to the Public Integrity Commission the identity, by number, of each bill, resolution, or regulation for which the lobbyist has tried to promote, advocate, influence, or oppose. Disclosure of the name of the employer on whose behalf such direct communication occurred is also required.

Additionally, lobbying relating to any subject contained within any budget appropriation bill or bond and capital improvement bill must also include identification of the specific subject of the direct communication. Reports will be due within five business day after the date the first direct communication with a relevant public official regarding bills, resolutions, and regulations takes place. The bill provides for electronic filing of registration and reporting with the Public Integrity Commission.

The Commission will make the reports available online in a manner which can be easily reviewed by bill, resolution, regulation, lobbyist, or employer.

Federal: “Trade group CEOs enjoy hefty pay raises in a sluggish economy” by William McQuillen and Danielle Ivory in The Washington Post.

Federal: “GAO: Lobbyist disclosure compliance ‘similar’ compared to prior years” by Rachel Leven in The Hill.

Federal: “Calif. biotech firms spend $40 million on lobbying in 3 years” by Bernice Yeung on CaliforniaWatch.org.

Federal: “Tech companies new lobbying force in DC” by Garrett Sloane in the New York Post.

New Jersey: “Some of Christie’s biggest bills match model legislation from D.C. group called ALEC” by Salvador Rizzo in the Star-Ledger.

Utah: “Rolly: Lobbyist and legislator in one? Could happen” by Paul Rolly in the Salt Lake Tribune.

Federal:

Democratic Rep. Bobby Rush Escorted from House Floor for Wearing Hoodie in Honor of Trayvon Martin

Payday Lender Political Donors Hidden in Corporate Names

Super PACs Rival Chamber

From the States and Municipalities:

Arizona

After Bowl Scandal, Many Arizona Legislators Still Want Tickets to Baseball Opener

California

Medco Settles California Pension Fund Kickback Case

Delaware

Lobbying Disclosure Bill Shines Critical Sunlight on Lawmaking Process

District of Columbia

D.C. Ethics Law Overhaul Hampered by Hiring Difficulties, Enforcement Duties

Georgia

‘Revolving-Door’ Powers Politics

Hawaii

Judge Confirms Hawaii Can’t Limit Independent Expenditures

Illinois

Employee Gift Ban Recommendation Still Has Few Takers

Iowa

Iowa’s Lobbying Free-for-All

New Mexico

Salinas Seeks High Court Aid

New York

Lobbyists Reaping $220 Million Bonanza

Utah

How Utah’s Capitol Marches to a Mormon Beat

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.