The American Bar Association (ABA) has adopted a resolution urging the United States Congress to amend the Federal Lobbying Disclosure Act (LDA).

Recommendations made in “Resolution 104B Revised” by the ABA House of Delegates include narrowing the current time threshold required for registration and barring campaign fundraising for members of Congress lobbied within the previous two years.

Additional resolutions includes the following information be disclosed in a lobbyist’s quarterly reports: disclosure of lobbying support activities performed by retained entities; reporting of the identification of individuals “principally involved in planning, directing, or coordinating lobbying support activities”; identification of individuals with any level of involvement in the lobbying activities who have recently served as high-ranking federal officials; and all congressional offices, congressional committees, and federal agencies and offices contacted by lobbyists employed.

Q. Are there prohibitions on registered lobbyists hand-delivering a political contribution check [personal, corporate, or PAC] to a candidate at the candidate’s fundraiser?

A. Forty-six states do not regulate the personal delivery of campaign contributions by contributions.  Of course, this assumes all other things being legal, such as session bans, a ban on corporate contributions, a ban on personal contributions by lobbyists, or personally delivering contributions while at the state capitol.

Alaska law provides that lobbyists may not host a fundraising event, directly or indirectly collect contributions, deliver contributions to a candidate, or participate in fund-raising activities.

Kentucky law prohibits a legislative agent from exercising control over a campaign contribution from a PAC and directing it to a specific state legislator, candidate, or committee.  This prohibition includes hand-delivering a contribution.

In Maryland, a lobbyist may not, for the benefit of the governor, lieutenant governor, attorney general, or comptroller, member of the general assembly, or candidate for election to these offices solicit or transmit a political contribution from any person or political committee.

South Carolina has very strict rules governing a lobbyist’s involvement when it comes to political contributions.  Not only are lobbyists prohibited from making personal political contributions —  even as a constituent — they are prohibited from hand-delivering a corporate or PAC check to a candidate at the candidate’s fundraiser.

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 Frederick County Board of Commissioners voted to have a public hearing for a new ethics ordinance which, among other things, would no longer require lobbyists to disclose their annual income.

Based on one of the state’s recommended models for local ethics laws for counties and cities, the ordinance drew concerns by commissioners that the requirements for lobbyists could be weaker than those currently in place. As an example, Frederick County’s requirements for registration and reporting for grassroots lobbying are not included in the proposed ordinance, which would supersede the current law.

The public hearing has been scheduled for September 6.

We now provide information on lobbying, political contributions, and procurement lobbying for:

Elizabeth, New Jersey

Eugene, Oregon

Lakewood, Colorado

We now provide information on lobbying, political contributions, and procurement lobbying for Gilbert, Arizona; Savannah, Georgia; Ann Arbor, Michigan; Springfield, Missouri; and Syracuse, New York on our website.

The image of North America by Bosonic dressing on Wikipedia.

Federal:

Edwards Campaign Owes $2 Million

Pakistan’s Military Plotted to Tilt U.S. Policy, FBI Says

Washington’s Long Debt-Ceiling Debate Hits K Street in the Wallet

From the States and Municipalities:

Alabama

Country Stars Push Senator to Vote

California

Jerry Brown Assumes Uncommon Influence over FPPC

Georgia

Ethics Panelists Gave to Campaigns

Hawaii

Hawaii Ethics Director: Lawmakers ‘Pushed’ the Line on Gifts

Maine

Judge Strikes Down Maine’s Matching Funds Law

Massachusetts

Massachusetts House Democrats Block Debate on Republicans’ Ethics Rules Changes

North Carolina

North Carolina Election Will Go On, Even if No One Is Running

Pennsylvania

Chairman: Ethics board ‘being strangled’ by budget cuts

Pennsylvania

Philadelphia Official Fired for Accepting Meals, Gifts from City Contractors

Tennessee

Tennessee GOP Finds Loophole in Campaign Law

Washington

Judge Blocks Washington Limit on Recall Contributions

West Virginia

Some W.Va. Election Ad Rules Again Struck Down

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.

We now provide information on lobbying, political contributions, and procurement lobbying for Miami, Florida; Pembroke Pines, Florida; and Vancouver, Washington on our website.

The image of North America by Bosonic dressing on Wikipedia.

New ethics regulations have been introduced by the Laurel, Maryland City Council, including provisions related to lobbyists.

Observing Maryland’s state ethics regulations for municipalities, the introduced ordinance requires lobbyists to file reports twice a year for each entity they represent. Lobbyists failing to file timely reports could be assessed a late fee of $10 per day up to a maximum of $250. Further enforcement of violations by lobbyists could include additional fines up to $5,000 per offense and suspension of lobbyist registration.

The bill also includes financial reporting requirements for public officials, hiring practices regulations, and rules regarding conflicts of interest.

Map of Maryland by Arkyan on Wikipedia.

Thomas H. Dooley, Chairman of the Citizen’s Ethics Advisory Board, will be selecting at random 10 lobbyists to be audited by the Office of State Ethics during an audit selection ceremony on Thursday, July 21, 2011.

The ceremony will be a part of the Board’s regularly scheduled meeting, scheduled to begin at 1:00 p.m.

Lobbyists to be audited will be selected from a pool of all registered client lobbyists.

During audits of these selected client lobbyists, the Office of State Ethics will audit all associated communicator lobbyists.

A list of those selected to be audited will be made available on the website of the Office of State Ethics following the ceremony.

GREEN BAY, WISCONSIN: The Green Bay City Council has approved General Ordinance No. 10-11, which requires lobbyists to register if they attempt to influence legislative or administrative action by a city official.

The ordinance requires lobbyists to register before engaging in lobbying by completing a registration form and paying a $20 registration fee.

Lobbyists must disclose their contact information, the name of their client, and any compensation paid by the client.

The ordinance is effective immediately and the City Clerk’s Office will be making a lobbyist registration form available in the next month.

Federal:

IRS Drops Audits of Political Donors

New Breed of ‘Super PACs,’ Other Independent Groups Could Define 2012 Campaign

From the States and Municipalities:

Alabama

Alabama Democratic Conference Files Lawsuit to Stop New Alabama Law Banning Political Fund Transfers

Arizona

Arizona Conservatives Scramble after Campaign Finance Law’s Defeat

California

Marijuana Lobbyist’s Fundraiser for DA Raises Questions

Veil Drawn on Donors to Latino Caucus-Controlled California Nonprofit

Connecticut

Agent Who Arrested Politicians Now Seeks House Seat

Georgia

Lobby Late Fees Add Up

Illinois

Mayor Rahm Emanuel Proposing New Round of Ethics Reforms

Iowa

Judge Upholds New Iowa Campaign Disclosure Rules

Massachusetts

House Leader Apologizes for Holocaust Remarks

Michigan

Justices Stop Political Gifts Taken at Work

Minnesota

Campaign Board Rejects NOM’s Efforts to Shield Donors in Marriage Battle

Pennsylvania

Lobbying Law on Hold

South Carolina

Lt. Gov. Ard Paying $48,000 Fine

Washington

Ex-Prisons Chief Eldon Vail Says He Resigned Because of an Affair with Subordinate

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.

By Labor Day, our clients will find 36 additional municipalities included on our website. As they are completed, we will update our postings so you can check out the additional resources.

Right now, we have provided information on lobbying, political contributions, and procurement lobbying for Alexandria, Virginia (my former home) and Tacoma, Washington.

In the future look for additional cities in New York, Arizona, and Michigan.

Federal:

Colbert Declares Victory at FEC

FEC Limits Lawmakers’ Fundraising for Super PACs

From the States and Municipalities:

Alabama

Gambling Trial Highlights Fees Paid to Legislators

Arizona

Justices Strike Down Arizona Campaign Finance Law

Florida

Judge Strikes Down Florida Campaign Finance Matching Law

Illinois

Jury Finds Blagojevich Guilty of Corruption

Massachusetts

Ethics Changes Generate Talk as Proposal to Require Lobbyists to Wear ID Badges Is Likened to Nazi Germany

Massachusetts

Special Education Director Said to Siphon $10 Million

Missouri

Missouri Lawmakers Eat for Free

Nevada

Tougher Nevada Campaign Money Laws Come into Play

New York

New Contribution Rule Limits Assignments to Elected Judges

Oklahoma

Oklahoma Ethics Commission Reprimands NRA Lobbyist

Wisconsin

Wisconsin Justices in Altercation

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.

Q. I am a lobbyist but am not registered in a jurisdiction because I mainly use outside counsel and do not meet the registration threshold. Should I be concerned with any reporting requirements or other restrictions?

A. Yes, you need to be familiar with the jurisdiction’s reporting requirements. Even if you do not surpass a registration threshold, your activities may require disclosure. In Pennsylvania, a principal/company is required to report pro-rata compensation and expenses paid to non-lobbyists if they engage in lobbying activities, yet remain under the $2,500 per quarter registration threshold. Though you never engage in direct lobbying, preparation, or strategic planning with your lobbying firm, it may be reportable.

Verify the reporting of political contributions in your jurisdiction. If you are not a registered lobbyist, you may still have responsibility for directing how political contributions are distributed. Vermont, for example, requires political contributions to be disclosed on an employer’s report.

Finally, be aware of gift restrictions. You may believe it is permissible to take a public official to lunch or for a cup of coffee because you are not registered in the jurisdiction. In Massachusetts, a person not registered as a lobbyist may only provide gifts valued at less than $50 to a state, county, or municipal employee. If your company is registered as a lobbyist employer in the jurisdiction, gift restrictions may be applicable to all employees. Michigan only allows a lobbyist employer to provide gifts in a month which are valued at $55 or less. Expenditures which are reimbursed are attributable to the company in all instances. Whether these expenses require reporting will vary.

 

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.