December 13, 2010 •
From the State of Mississippi
Secretary of State Rolls Out New Electronic Filing System for Lobbyists
On December 15, 2010, the Mississippi Secretary of State’s Office will roll-out a new electronic filing system for lobbyists and clients. The new electronic filing system is for 2011 new registrations and lobbying reports.
All 2010 cycle reports will be still be filed on paper.
The new electronic filing system may be accessed at: http://www.sos.ms.gov/elec/portal/msel/portal.aspx
December 10, 2010 •
Highlighted Site of the Week – Senator Byrd’s History of Lobbyists
A Rich History of the Lobbying Profession
In the 1980s, Senate Majority Leader Robert Byrd (who passed away last June) offered over 100 addresses about the history of the U.S. Senate. In honor of the Senate’s bicentennial, the speeches were gathered and edited into four volumes called The Senate: 1789–1989: Addresses on the History of the Senate.
Among those essays, there is a landmark work regarding the history of lobbyists and lobbying. The Senate’s Web site hosts the text of the speech at Senate.gov.
Senator Byrd’s speech whipsaws between praise and suspicion of lobbying and perhaps typifies America’s ambivalence toward the profession. He begins his speech with a quote from an 1869 newspaper article, which conjured the image of lobbying as a “dazzling reptile … a scaly serpent of the lobby…” Yet Byrd also acknowledges the necessary service they provide: “It should be clear from my remarks that Congress has always had, and always will have, lobbyists and lobbying. We could not adequately consider our work load without them.”
According to Senator Byrd, lobbying has been employed from the first days of Congress. “During the First Congress, Pennsylvania Senator William Maclay wrote in his diary that New York merchants employed ‘treats, dinners, attentions’ to delay passage of a tariff bill,” said Byrd.
Byrd’s speech is rich with history, describing efforts of groups such as the Bank of the United States in the 1790s, Samuel Colt in the 1850s, and the famous “King of the Lobby” Sam Ward during the Gilded Age of the late 19th century.
While Byrd did stress the need for government to be vigilant against the abuse of the democratic system by special interests, it would be wrong to think the senator was not sympathetic to the work of lobbyists, or appreciative. He ended his speech with the following:
“They spend many hours and considerable shoe leather trying to convince 535 members of Congress of the wisdom or folly of certain legislation. They face vigorous competition. They still bear the brunt of press criticism and take the blame for the sins of a small minority of their numbers. But they have a job to do, and most of them do it very well indeed. It is hard to imagine Congress without them.”
For his many efforts to promote the history of the United States Senate, Senator Byrd received the American Historical Association‘s first Theodore Roosevelt-Woodrow Wilson Award for Civil Service and the Friend of History Award from the Organization of American Historians.
For all of you arm-chair American historians, this Highlighted Site of the Week should make you smile. Give it a read!
December 9, 2010 •
Alabama Lawmakers Convene in Special Session
They Have an Eye on Ethics Reform
Governor Bob Riley has called the Alabama state legislature into special session. The lawmakers are expected to convene on December 8, 2010 and take up the issue of ethics reform.
This year, the state was plagued by a scandal in which lobbyists and local businesspeople attempted to or actually did bribe legislators to vote for pro-gambling legislation. During the upcoming session, lawmakers are expected to pass reform reducing the amount a lobbyist may spend on an official without reporting it. Additional changes suggested by the Governor include a ban on PAC-to-PAC transfers of funds and requiring those who lobby the executive branch for contracts to register.
Photo of Governor Bob Riley by MSGT MARK OWEN, USAF on Wikipedia.
December 9, 2010 •
Iowa Ethics and Campaign Disclosure Board Selects New Executive Director
Charlie Smithson is leaving to become Iowa House’s chief clerk.
The Ethics and Campaign Disclosure Board has hired Megan Tooker as its new executive director. Tooker was unanimously selected by the six-member board and will assume the role on January 1, 2011. Before joining the agency, she graduated from Drake law school and clerked for former state supreme court Justice Michael Streit.
The outgoing director, Charlie Smithson, is stepping down from the position to become the Iowa House’s new chief clerk. Smithson had been with the board since 1998 and was originally its legal counsel. The Ethics and Campaign Disclosure board administers and advises on state lobbying, campaign and ethics laws and, to a certain extent, local ethics rules.
December 3, 2010 •
New American League of Lobbyists Video
According to the ALL Facebook, the video was released today at their annual meeting.
State and Federal Communications Research Associate George Ticoras alerted me to a video from the American League of Lobbyists called “What is lobbying and why is it important?” I thought I would share it with you!
The video says: “On behalf of all Americans who have a stake in their government, the League addresses challenges that affect the rights of individuals and groups to make their views known about issues that affect our country. It provides a voice for lobbyists and works to ensure that those who engage in lobbying follow established ethics and rules.”
ALL President Dave Wenhold added:”Our mission is to enhance the development, professionalism, and high ethical standards for the advocates in the public policy arena.” Enjoy the video:
December 2, 2010 •
A Year of Big Changes to Illinois Lobbyist Laws
In the wake of seemingly constant political scandal, particularly involving the Governor’s office, the state of Illinois passed significant changes to its Lobbyist Registration Act.
The enhancements to the system are aimed toward improving transparency and easing the public’s fear of “back room” politics. It is no coincidence that the lobbying law changes come at the same time the state is strengthening ethics rules in other arenas. The state recently passed new disclosure requirements for contacts with procurement officials. Additionally, Illinois’ campaign finance laws will feature contribution limits in 2011 and quarterly PAC reporting. The improvements to the state’s lobbying regulations are part of an overall climate of increasing disclosure around the United States. Several other states, including Utah and Georgia, have made similar changes in state lobbying law this year.
The first change to the rules, which is already known by most people impacted by it, relates to the registration fee. Illinois initially sought to increase this fee to $1,000 per lobbyist and per organization employing a lobbyist. Thus, a company with two state-level lobbyists would have been charged $3,000 per year. The ACLU sued for and was granted an injunction on this fee. Essentially, the state agreed Illinois could not demonstrate the increase in cost was necessary to administer the Lobbyist Act. Additionally, the ACLU had raised a First Amendment establishment clause argument because the bill granted exemptions to certain religious lobbying and thus “demonstrated a preference for religious speech over non-religious speech.” Eventually, the state and the ACLU agreed to a fee of $300 and the suit was dropped. Additionally, lobbyists are required to complete an online ethics training course within 30 days of registration.
Lobbyists will have to report more frequently in 2011 and beyond. The lobbying dates used to be tied to whether the legislature was in session but are now semi-monthly, regardless. In 2010, while the litigation on the Act was pending, reporting was done essentially as soon as the Secretary of State’s Index Department was able to receive them in the midst of the judicial and legislative melee. Lobbyists filed a report on September 30 for the first half of 2010, and now must report second-half expenditures on January 15, 2011. Starting in 2011, reports are due twice per month. A report for the first 15 days is due on each 20th, and a report covering the 16th through the end of each month is due on the following 5th. While this is very cumbersome, it is at least consistent. The smaller reporting periods should make the information to be reported very manageable.
One feature of Illinois’ lobbying seen in a few other states is the provision relating to notification of officials. Previously, if an official were set to appear on a lobbyist’s report because that lobbyist made an expenditure on the official, the lobbyist was required to give the official notice of this fact 25 days before the report was due and again 30 days after the report was filed. Under the new changes, the 30-day post-notification remains but the pre-notification is changed. Now, lobbyists must give the official “contemporaneous written notification” of a reportable expenditure made on the official’s behalf.
Photo of Gov. Pat Quinn by Chris Eaves on Wikipedia.
December 1, 2010 •
Ask the Experts – Don’t Get Stuck in the Revolving Door!
Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.
Q. Can I hire a federal, state, or local official who just left office to represent our interests before his or her former colleagues?
A. While the answer depends on the jurisdiction, the trend is definitely to increase the restrictions on the ability of former elected officials and government employees to seek employment as lobbyists after leaving their government positions.
Most commonly, these restrictions take the form of a waiting period during which the former official is not permitted to influence actions over which he or she exerted some power or influence. Ostensibly, the waiting period allows this power or influence to dissipate. It also allows time for the specific issues the former official influenced to move through the system, under the theory that the former official’s influence will be lessened on issues he or she did not directly handle.
The revolving door restrictions placed upon officials in New Jersey are fairly typical. In that state, former members of the legislature, the governor, and heads of principal departments of the executive branch are prohibited from registering as lobbyists for one year after leaving office. Anyone knowingly or willfully violating the revolving door restrictions is subject to a penalty of up to $10,000 and can be barred from engaging in lobbying in the state for up to an additional five years. The law assigns the Election Law Enforcement Commission the power to hold hearings regarding possible violations and assess the enumerated penalties if the violations are found to have occurred.
Most jurisdictions that have introduced ethics legislation in recent years have included revolving door provisions, as the Indiana General Assembly did this year with the passage of House Bill 1001. Because of the increasing prevalence and importance of these laws, State and Federal Communications will be focusing on this issue and addressing it in our Executive Source on Lobbying Laws.
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.
November 30, 2010 •
Orange County to Revisit Lobbyist Registration Ordinance
Two Orange County, California supervisors have introduced a new version a law requiring lobbyists to register with the county so the public can know who is influencing votes on contracts and other public matters.
Similar legislation was voted down last month. If the ordinance passes, anyone who lobbies the county board on behalf of someone else will be required to register annually and report on whose behalf he or she is lobbying. The call for lobbyist disclosure in Orange County comes after a county grand jury issued a report critical of the county supervisors for not having any lobbyist disclosure requirements. Several local political figures have implicitly threatened to have a lobbyist registration law placed on an upcoming ballot if the supervisors do not create it themselves.
Photo of Newport Center skyline and Santa Ana mountains by Brian 1078 on Wikipedia.
November 30, 2010 •
Texas Ethics Commission Rolls Out New Lobbyist Software
Download is available in December.
The Texas Ethics Commission has issued a public notice to all lobbyists registered with the commission. The commission advises all filers to install the newest lobby electronic filing software, version 2.5.3, prior to filing a lobby activities report. In Texas, lobbyists required to register with the commission may include corporations, partnerships, association or other types of business entities as well as individuals.
The new software will be available for download on the Ethics Commission website beginning December 1, 2010 at: www.ethics.state.tx.us/whatsnew/elf_info_lobby.htm
Image of the Seal of the State of Texas by Juan Vega on Wikipedia.
November 23, 2010 •
Alabama Utilities Regulators Announce New Restrictions on Gifts and Campaign Contributions
Alabama utilities commissioners turn out the lights on gifts and contributions from lobbyists.
The state’s Public Services Commission approved new ethics rules last week by a 3-0 vote of the commissioners. These regulations prohibit a commission employee from soliciting or accepting a gift or campaign contribution from a lobbyist representing an industry regulated by the commission.
The new rules took effect immediately upon approval by the commissioners. The Public Services Commission regulates public utilities and telecommunications providers in Alabama.
Map of Alabama by JimIrwin on Wikipedia.
November 10, 2010 •
Louisiana Extends Lobbying Law to Local Governments
With the passage and subsequent gubernatorial approval of Senate Bill 507, Louisiana has extended the application of its lobbying law to local governments. The provisions of the bill take effect on January 1, 2011.
Although the provisions of the bill were enacted as a new and separate chapter in the Louisiana Revised Statutes, they largely mirror the requirements of the lobbying laws already applicable to legislative and executive branch lobbying on the state level. For example, as it is on the state level, registrations expire on December 31st of each year and registration renewals are due on January 31st at the latest. Reports of local lobbying activity are due on the 25th day of each month, as they are at the state level. And the information required to be disclosed is largely the same.
The bill contains a provision found in the state executive branch lobbying law, but not in the legislative branch lobbying law, which allows an employer to file reports on behalf of all the lobbyists representing that employer’s interests. An employer wishing to exercise that option must notify the board of ethics by January 31st.
Unlike the state-level lobbying laws, the bill does not specify a registration fee for local lobbyists.
The Louisiana Board of Ethics is responsible under the bill for administering and enforcing the provisions of the bill. This includes educational activities and seminars related to the bill, as well as the assessment of late filing fees.
State and Federal Communications will continue to monitor developments with regard to local lobbying laws in Louisiana as the bill goes into effect and is implemented by the board of ethics.
Photo of the Louisiana State Capitol by Bluepoint951 on Wikipedia.
November 9, 2010 •
Minnesota Board Releases Advisory Opinion
Minnesota Campaign Finance and Public Disclosure Board Issues Advisory Opinion to Clarify Lobbyist Registration Requirement
The Minnesota Campaign Finance and Public Disclosure Board issued Advisory Opinion 413 clarifying the state’s lobbyist registration requirements. The Board sought to answer whether a lobbyist is required to register multiple times when employed by an entity which consists of a parent company and a number of affiliates, including subsidiaries and joint ventures controlled by or under common ownership and control of the parent company.
Several of the affiliates have legislative and administrative interests in Minnesota, and lobbying is conducted on their behalf. The Board concluded that a lobbyist must register on behalf of each association whose interests they promote, regardless of the mechanism used to retain or direct the efforts of the lobbyists. The opinion continued that a lobbyist who represents an association such as a trade or business association is not required to register separately for each member of the association.
Photo of the Minnesota State Capitol by Mulad on Wikipedia.
November 9, 2010 •
Ask the Experts – 2011 Lobbying Registrations
Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.
Q. I am registered in numerous states. What are some of the features I need to know regarding renewing my lobbyist registrations for 2011? Do all my registrations automatically expire at the end of the year? H-E-L-P!
A. These are all very good questions, as January 1, 2011 is quickly approaching. The expirations on December 31 of this year are particularly thorny because they include not only those states having annual expirations, but most biennial expirations occur at the end of an even-numbered year.
As the states begin their 2011 legislative sessions, here are some things to keep in mind:
Annual registrations: The majority of states have a registration term based on a calendar year. If registered in any of the following states, your registration will expire on December 31, 2010.
Alabama Mississippi Alaska Missouri Arkansas Nebraska District of Columbia New Hampshire Florida [legislative and executive] New Mexico Georgia North Carolina Idaho [legislative and executive] Ohio [executive] Illinois Oklahoma Indiana [legislative and executive] Rhode Island [legislative] Iowa [legislative] South Carolina Kansas Tennessee Louisiana [legislative and executive] Texas Massachusetts Biennial registrations: The trick to keeping track of your registration expiration for biennial states is knowing whether the biennium ends on December 31st of an even-numbered or odd-numbered year.
Those states with biennial registrations expiring on December 31, 2010, include:
California Pennsylvania Connecticut Utah Hawaii Vermont Montana Washington New York West Virginia Ohio [legislative] Wisconsin Legislative sessions: In some states, registrations expire at the end of the regular legislative session. These include Nevada [sessions are held in odd-numbered years] and South Dakota. In Iowa, executive branch lobbyist registration is valid until the next regular session of the general assembly.
Non-calendar years: In other states, registrations expire at the end of a year, but that year is defined as other than January 1 to December 31. These states have the following registration terms:
Colorado [July 1 to July 15 of the subsequent year] North Dakota [July 1 to June 30] Kentucky executive [August 1 to July 31] Virginia [May 1 to April 30] Maine [December 1 to November 30] Wyoming [May 1 to April 30] Maryland [November 1 to October 31] On-going registrations: Once you register in the following states, your registration is on-going until you affirmatively terminate. These include:
Delaware
Federal
Michigan
Minnesota
New Jersey [a fee is due annually on November 15]
Rhode Island executiveAnd then there is Arizona: Just to keep you on your toes, Arizona has a biennial registration where lobbyists renew during November of odd-numbered years, and employers renew during November of even-numbered years.
November 8, 2010 •
Governor-Elect Sets Sights on Ethics Reform
Promises come in response to scandal connected with gambling legislation.
Alabama Governor-elect Robert Bentley wasted no time in declaring ethics reform a top priority when he assumes office in 2011. Bentley stated his preference is to hold a special session of the state legislature within the regular session, scheduled to convene in February, because it would save the taxpayers money.
Bentley’s goals for the special session include increased frequency of reporting political contributions and online publishing of the contributions. The promises of sweeping ethics reform come on the heels of a scandal in which state senators and lobbyists have been charged with bribery and corruption in connection with pending gambling legislation.
This photo of Robert Bentley is is licensed under the Creative Commons Attribution-ShareAlike license by Zwilson14.
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.