The Sunset Commission, a legislative body created by the Texas Legislature to identify and eliminate waste, duplication, and inefficiency in government agencies, will seek public input during its scheduled review of the Texas Ethics Commission.

During the evaluation of the Ethics Commission’s mission and performance, submitted comments and suggestions will be accepted until the suggested date of November 21. The Sunset Commission then anticipates it will issue a report in March 2012 followed by a public hearing with testimony in April.

Based on the public input and the report, any recommendations to the legislature will be submitted at the start of its next session in January 2013.

Some of the duties the Texas Ethics Commission administers and enforces are the election code concerning political contributions, expenditures and political advertising, and lobbying registration, reports and activities.

The announcement of the review can be found here.

Photo of the Texas State Capitol by LoneStarMike on Wikipedia.

The Economist reported on a recent study by the analysis firm Strategas, which says companies that spend more on lobbying do better over time on the S&P 500.

Here is the article in the Economist: “Money and politics: Ask what your country can do for you” from October 1, 2011.

Brad Plumer also covered the story in “The outsized returns from lobbying” from yesterday’s Washington Post.

Federal:

How One Criminal Case Hit K Street

Hybrid PACs: Super PACs and Traditional PACs Can Merge

Lobbyists In On ‘Super’ Secrets

OMB Finalizes Details on White House Lobbying Reform Rules

From the States and Municipalities:

Alabama

Commission’s Opinions Further Define 2010 Ethics Law

Delaware

Colbert Takes Satirical Swipe at Abuse of Delaware Spending Disclosure Laws

Minnesota

Disclosure Rules Apply, Campaign Finance Board Says

New Jersey

N.J. Ethics Reform Efforts Bogged Down for Year

New Mexico

New Mexico Governor Signs Bill to Close Loopholes in State Contract Bidding

New York

NYC Mayor Cross-Examined at Ex-Operative’s Trial

Texas

Recall Case Likely to Extend Beyond El Paso

Utah

Lobbyists Want Keys to the Gym and Valet Parking at Capitol

Virginia

Trackers an Evolving but Undeniable Political Force

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.

Jim Sedor is editor of News You Can Use.

The Federal Election Commission (FEC) will no longer prohibit nonconnected political committees from accepting corporate and labor organization contributions, provided the political committee maintains and deposits those contributions into separate bank accounts.

The Commission will also not limit the amounts permissible sources can contribute to such accounts.

In an statement released by the FEC, it stated, consistent with its agreement to a stipulated order and consent judgment in Carey v. FEC, it would no longer enforce 2 U.S.C. §§ 441a(a)(1)(C) and 441a(a)(3), as well as any implementing regulations, against any nonconnected political committee with regard to contributions from individuals, political committees, corporations, and labor organizations under certain conditions.

A single committee may now contribute directly to candidates and political committees, and make independent expenditures, separating the funds only by using two separate bank accounts. The committee must maintain the statutory limits on the solicitation of funds used for direct contributions while it may simultaneously seek unlimited funds for use in their independent expenditures.

The FEC intends to develop new regulations and amend its reporting forms. Until that time, the Commission says committees should follow the procedures the FEC outlines in its current statement, which is located here.

This post follows up  previous articles by George Ticoras, “FEC Agrees Not to Enforce Some Laws Against NDPAC” and “One PAC Is Enough.”

An ethics reform bill heralded this summer by Massachusetts House Republicans has been blocked.

The Democratic-controlled house voted 116 to 34 today against a motion allowing House Bill 3718 out of committee for a full vote. Among the changes in the bill are the requirement lobbyists wear badges identifying themselves as such, contribution restrictions for house members, and the prohibition of house members and their staff from contacting public entities regarding pending procurement decisions.

The reform measure arose as a response to the conviction this summer of former house speaker Salvatore DiMasi on seven counts of corruption.

This post follows up a previous article by George Ticoras, “New House Ethics Rules Proposed for Massachusetts” from June 23.

Photo of the Massachusetts Statehouse by Fcb981 on Wikipedia.

Registered federal lobbyists may not serve on any boards, commissions, or similar groups created by the President, the Congress, or an Executive Branch department or agency, the Office of Management and Budget (O.M.B.) has affirmed.

The O.M.B. issued its Notice of Final Guidance detailing, in a question and answer format, the limitations of federal lobbyists’ service on federal boards and commissions. The policy does not apply to full-time federal employees, state lobbyists, or employees of organizations that engage in lobbying activities. If an appointment is made pursuant to statutory authority or presidential directive by Congress or state governors, the O.M.B. encourages the appointments to be made to individuals who are not federally registered lobbyists whenever possible.

The O.M.B. policy was created at the directive of a June 18, 2010 Presidential memorandum “Lobbyists on Agency Boards and Commissions.” Federal lobbyists on boards and commission as of June 18, 2010 may serve out the remainder of their terms.

The O.M.B.’s final guidance will be effective 30 days from issuance in the Federal Register.

State Senator Lou Correa is planning to introduce legislation that would make members of the public who are appointed to serve on boards subject to the state’s revolving door provision.

The legislation would require that all board members wait 12 months after terminating board service before lobbying their former colleagues.

Photo of the California Senate chamber by David Monniaux on Wikipedia.

NCSL’s blog The Thicket at State Legislatures put up a post yesterday that discusses where legislators turn in order to get information to help them make public policy decisions.

The blog cites two sources of information and makes a comparison. The first source is a survey by NCSL, the Council of State Governments, and the State Legislative Leaders Foundation from 2002. The second source is a book called Power, Knowledge, and Politics: Policy Analysis in the States by John Hird from 2005.

The two surveys approached the question in different ways, but according to the blog post, they came up with the same rankings. Take a look at this chart, which summarizes it with bar graphs. Interest groups and lobbyists appear in eighth place on the list.

Only lobbyists in Alaska who are constituents in a state candidate’s newly certified district may donate to a candidate’s campaign, an Advisory Opinion from the Alaska Public Offices Commission has declared.

Because a lobbyist residing in a candidate’s district may contribute to a candidate, Representative Bob Lynn requested an opinion regarding whether a lobbyist in his current district could donate to his campaign when he or she may not be a constituent in his proposed new voting district.

Advisory Opinion 11-14-CD concludes candidates “will only be able to accept donations from lobbyists residing in the new district.”

Presently, only candidates for the proposed new districts, and not the current districts, are being certified by the Division of Elections. In its analysis, the Advisory Opinion also articulates, “Whether or not a lobbyist resides in the candidate’s district is determined on the day the contribution is accepted.”

Federal:

Business Executives Call for End to Anonymous Cash

In Turn to Politics, Facebook Starts a PAC

Political Embezzlement Rises as U.S. Campaign Accounts Swell

Solyndra’s Lobbying Not Disclosed by Energy under Stimulus Guidelines

From the States and Municipalities:

Colorado

Campaign Finance Law Argued Before Colorado Supreme Court

Florida

After ‘Wild West,’ Palm Beach County Lobbyists Face New Rules

Indiana

Federal Judge Strikes Down Portion of Indiana ‘Robo-Call’ Ban

Maryland

State Senator’s Future Hangs in the Balance at Corruption Trial

Minnesota

Campaign Finance Board Releases Guidelines on Ballot Initiatives

Pennsylvania

Ex-Judge Gets 17 1/2 Years in Pa. Kickbacks Case

Rhode Island

Arrested Rhode Island Representative Won’t Resign, Will Run Again

Tennessee

Tennessee Lawmakers’ Ethics Panel Has Own Critics

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.

Jim Sedor is editor of News You Can Use.

On Monday, the American League of Lobbyists (ALL)  made a statement against a new Obama administration proposal restricting lobbyists’ gifts to executive branch employees. It would also restrict those employees’ attendance to certain events sponsored by lobbyists, companies, and organizations.

Howard Marlowe, president of the organization, states: “The American League of Lobbyists strongly objects to this proposed rule and asks that it be withdrawn immediately. The Administration has offered no reports of even a single abuse of its current regulations to warrant the severe restrictions it has proposed on the mutual flow of information and expertise between lobbyists, their employers, and Federal workers.”

Here is a draft summary of the Obama administration’s proposed rule.

The “Lobbying in the News” page for ALL lists these three articles covering the news:

• “Lobbyists object to Obama proposal that would tighten rules for federal workers,” by T.W. Farnam in the Washington Post.
• “Lobby league opposes Obama rule,” by Anna Palmer and Dave Levinthal on the Politico Influence page.
• “Lobbyists’ group objects to new rule banning gifts to all federal employees,” by Kevin Bogardus in The Hill.

You can keep up with the latest discussions on the American League of Lobbyists Twitter feed (@LobbyistsLeague).

Executive Sourcebook on Lobbying Laws:

1. We are separating the penalties so you will see what they are for registration, reporting, and gift violations.

2. Does the jurisdiction have a document retention policy?

3. Is gift splitting allowed?

4. We are also separating the gift restrictions for lobbyists and non-lobbyists.

Executive’s Sourcebook on Political Contributions:

1. What is the jurisdiction’s document retention policy?

2. What restrictions are there on fundraising, as applied both to corporations attending a political event and as applied to corporations holding its own fundraiser?

Executive’s Sourcebook on Procurement Lobbying:

1. Restrictions on pre-RFP communications between a bidder and the procurement department?

2. Are there any post-RFP “cone of silence” restrictions?

3. Difference between “bidder” and “contractor.”

It continues to be our goal to be your #1 online resource for lobbying, political contributions, and procurement lobbying.

Until next month, let your fingers do the walking at www.stateandfed.com and see the amount of information available to you and your organization.

Elizabeth Z. Bartz
President and CEO

National:

Election Spending to Exceed $6 Billion Thanks Partly to Jim Bopp

Twitter to Launch Political Advertising

Federal:

K Street Cool to Obama Lobbying Plan

Watchdog Spotlights Lawmaker Ethics in ‘Most Corrupt’ Report

From the States and Municipalities:

Alabama

Former Governor Riley Gets Ethics Training He Pushed

California

California Pension Managers Fined for Unreported Gifts

Connecticut

‘Shock Jock’ Hal Turner Acquitted in Connecticut Threats Case

District of Columbia

Wells Drafts D.C. Bill to Limit Lobbyists’ Influence

Illinois

The Price of Influence in Chicago

Louisiana

Sugar Bowl in Violation of Tax Law with Purchases to Fundraiser

Missouri

T.D. El-Amin Gets Record Ethics Fine

Montana

Supreme Court Looks at Campaign Finance for Political Spending

Oklahoma

Oklahoma High Court Hears Former Senator’s Appeal

Pennsylvania

Soon, Lobbyists Must Register

Wisconsin

Judge: Wisconsin campaign law is unconstitutional

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.

Jim Sedor is editor of News You Can Use.

The Philadelphia Board of Ethics has approved proposed regulations that define lobbying activity and describe how lobbyists must register and report expenditures.

If the regulations are approved by the Law Department, they could become effective in early October. A previous board decision to provide a 30 day grace period would not require lobbyist registration until November.

Additionally, registration could begin only when the board has an online registration system in place.  Shane Creamer, executive director of the board, stated he hoped the online registration system would be ready in November.