June 15, 2011 •
Pay Fines and File or No Lobbying in South Carolina
New Law
Lobbyists and lobbyist’s principals can no longer register, reregister, or continue to be registered in South Carolina if they have outstanding late filing penalties.
House Bill 3183, which Governor Nikki Haley recently signed into law, prohibits the State Ethics Commission from allowing delinquent lobbyists and lobbyist’s principals to participate in lobbying until the fines and filing have been remedied.
The bill also delineates what the fines and penalties are for late filing. Persons filing late are first fined $100 if a report is not filed within 10 days of the due date. After receiving notice by certified or registered mail that a required report has not been filed, there is a $10 a day fine for the first 10 days after receiving the notice. The fine increases to $100 a day for each additional day the required report is not filed, capping at $5,000.
If the report is still not filed, the offender faces an additional misdemeanor conviction with imprisonment or fines.
Flag of South Carolina courtesy of mapsof.net.
June 13, 2011 •
News You Can Use Digest – June 13, 2011
Here are highlights from State and Federal Communications, Inc.’s latest edition of News You Can Use:
Federal:
A Weiner Ethics Case Would Cover Uncharted Ground
Virginia Federal Judge Rejects Government Request to Reconsider on Donations
Democrat or Republican, National Party Committees Reap Campaign Riches from Registered Lobbyists
From the States and Municipalities:
Alabama
Big Names in Alabama Politics Set for Bingo Trial Opening
District of Columbia
D.C. Attorney General: Council’s Thomas diverted public funds
Michigan
Koch-Backed Group’s Fake Eviction Notices Rile up Detroit
Nevada
Rory Reid to Pay $25,000 Fine in PAC Case
New York
Bill Not a Feast but Lunch is OK
Cuomo and Legislative Leaders Strike Deal on New Ethics Rules
N.Y. Finds a Growth Industry in Ethics Enforcement
Ohio
House Cozy with Charter School Lobby
Texas
Dallas City Council Rolls Back Some Changes to Ethics Ordinance
Washington
Former Evergreen Professor Fined $120,000 in Largest-Ever Ethics Penalty
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.
Bill Creates Joint Commission on Public Ethics and New Disclosure Requirements
The New York Governor’s Office has released the ethics bill created by the agreement between legislators announced last Friday. The bill, which had previously been titled the Clean Up Albany Act of 2011, will be known as the Public Integrity Reform Act.
Chiefly, the bill establishes an independent Joint Commission on Public Ethics and enhances disclosure requirements by requiring state employees to disclose income from outside sources and names of clients. The Joint Commission on Public Ethics will have jurisdiction over all elected state officials and their employees in the executive and legislative branches, as well as lobbyists.
The bill provides the Joint Commission on Public Integrity must create an online ethics training course for registered lobbyists with a specific curriculum regarding the public officers’ law and ethics to be completed every three years. Additionally, the bill requires the disclosure by lobbyists of any reportable business relationship of more than $1,000 with public officials.
The definition of “widely attended” event is altered to include any event where 25 or more people other than legislators, officials, or government employees attend and which is related to the attendee’s duties or which allows the public official to perform a ceremonial function. The bill also allows officials to accept food or beverage valued at $15 or less.
The bill increases penalties for violations of the filing requirements and contribution limits and provides for a special enforcement proceeding in the Supreme Court.
The bill must age three days after its introduction and then can be voted on by the Legislature. The Legislature will recess today until next Monday, making adoption possible next week.
June 7, 2011 •
Lobbyists’ Registration Act Introduced in New Brunswick
New Brunswick to Debate Lobbying Law in Legislative Assembly
Legislation has been introduced in the New Brunswick Legislative Assembly providing for lobbyist registration and regulation.
Government House leader Paul Robichaud introduced Bill No. 43, the Lobbyists’ Registration Act, in response to a push by members of the Tory party for such a law following the discovery that Liberal party insiders were being hired to arrange meetings for energy companies bidding on provincial contracts.
Under the proposed legislation, lobbyists would be required to register, as well as name any companies they work for and the name of the ministers and departments met with. Lobbyists failing to register or making false or misleading statements would be fined up to $25,000 for a first offense and up to $100,000 for any subsequent offense.
The coat of arms for New Brunswick by Civvì on Wikipeida.
Oregon’s Legislature has been streaming videos on its website. Now you can view them on your mobile phone!
The Capitol Club, a lobbyist association in Oregon supplied the funding for the state’s Legislature to supply streaming video of hearings and sessions to mobile devices.
Read about what will now be offered and why the Capitol Club stepped up to help in Govtech.com’s article “Lobbyists Help Oregon Legislature Stream Video to Mobile Devices” by Sarah Rich from June 4.
June 6, 2011 •
“Clean Up Albany Act of 2011” Announced
Governor Cuomo and Legislative Leaders Reach Agreement on Comprehensive Ethics Reform Package
New York Governor Andrew Cuomo and General Assembly leaders have reached an agreement regarding comprehensive ethics reform. The agreement titled the “Clean Up Albany Act of 2011,” creates a joint commission on public ethics to investigate violations of law by members of both the executive and legislative branches, oversee their financial disclosure requirements, and oversee lobbyists with newly expanded disclosure rules and definition of lobbying.
The act expands lobbying disclosure requirements, including the disclosure by lobbyists of reportable business relationships of more than $1,000 with public officials. It also expands the definition of lobbying to include advocacy to affect the introduction of legislation or resolutions. Additionally, the act calls for the state board of elections to issue new regulations clarifying disclosure requirements for independent expenditures.
Photo of Governor Cuomo by Pat Arnow on Wikipedia.
June 2, 2011 •
iPhone Lobbying is Here
Bono releases an app for his anti-poverty group.
We are always on the lookout for any news regarding social media as it relates to lobbying, campaign finance, and elections.
Roll Call published an article today about how Bono’s anti-poverty group called ONE campaign has released an app for iPhone users. The app allows anyone with an iPhone to contact their lawmakers and it gives them a text offering ideas of what to communicate.
Ambreen Ali’s article, “iPhone App Will Help You Lobby,” explores this new facet to the world of lobbying and advocacy.
How do you think social media and mobile technology will affect lobbying and grassroots advocacy? Let us know what you think!
Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.
Q. Summer is approaching and I will be attending conferences such as NCSL and ALEC. Can I pay for dinners with legislators and/or State Night events?
A. First and foremost, are you or your company registered to lobby in the state? Most states have more stringent gift laws applicable to lobbyists and lobbyist principals (Texas is the exception to this rule of thumb). The answer will also vary depending upon whether you are paying for a private dinner or sponsoring a State Night event. For example, taking a legislator to dinner, paying for cab fare or other transportation, or giving him a ticket to a ballgame are not considered part of the national conference agenda. Therefore, the normal gift limits will apply.
Many states have gift limit exceptions specifically carved out for expenditures at national conferences to which all members of the legislature are invited. State Night events are considered part of the conference agenda; therefore the gift limit exceptions will apply.
Although a State Night sponsorship may be permissible, it is important to determine if and when the expenditure must be disclosed. The reporting implications for such events range from simple aggregate disclosure to detailed reporting where the name of every legislator attending must be listed.
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.
June 1, 2011 •
State and Federal Communications Expands Coverage
In a continuing effort to better serve the needs of its clients, State and Federal Communications, Inc. is expanding coverage of laws and regulations for political contributions, lobbying, and procurement lobbying to more municipalities, regional governments, and governmental organizations.
We have added three new jurisdictions for which our online clients will find comprehensive, timely, and accurate information that includes: complete calendar of reporting deadlines; critical statutory citations; extensive directories of contact information; summaries of each state law; detailed reference charts on goods and services contributions; highlights of every statute; copies of all required forms; and much more.
The new jurisdictions are:
- Doral, FL
- Henderson, NV
- Spokane, WA
The image of North America by Bosonic dressing on Wikipedia.
May 25, 2011 •
New Pay-to-Play Ordinance for Newark
Redevelopers Defined
Mayor Corey A. Booker has signed a new pay-to-play ordinance into law, specifically aimed at city redevelopers. The new ordinance bars redevelopers from contracting with the city if a contribution, or pledge of a contribution, over $300 has been made one year prior to the contract.
Redeveloper is defined to mean any person or entity entering into a contract with the city, or with another redeveloper, for the rehabilitation of any area in the city. The definition includes those with a 10-percent or greater ownership in the entity, partners, officers, subsidiaries, and spouses and adult children living at home.
Any group of individuals from the contracting entity cannot contribute in the aggregate in excess of $3,000. Contribution and disclosure requirements will also be required from lobbyists, professionals, and consultants working for a redeveloper if his or her work relates to the subject contract. A redeveloper who violates the ordinance is barred from future redevelopment agreements for four calendar years.
The ordinance takes effect June 2nd.
Photo of Newark at night by Jamaalcobbs at en.wikipedia.
May 23, 2011 •
News You Can Use Digest – May 23, 2011
Here are highlights from State and Federal Communications, Inc.’s latest edition of News You Can Use:
Federal
Colbert at the FEC? Really
National
Fox Parent Company to Disclose Political Giving
From the States:
Arizona
Fiesta Bowl Seeks Repayment for Political Contributions
Illinois
Emanuel Jumps into Work, Signs Six Executive Orders
Maryland
Johnson, Ex-County Executive in Prince George’s, Pleads Guilty to Taking Bribes
Minnesota
Court Lets Minnesota Corporate Disclosure Law Stand
Tennessee
Four Named to State Ethics Commission
Virginia
Virginia Ethics Rules Questioned in Wake of Federal Case
Wisconsin
Officials Dismiss Ethics Complaints Over Anti-Union Bill
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.
May 19, 2011 •
Governor Requests Lobbyists’ Contracts Terminated
Rhode Island’s Quasi-Public Agencies
Governor Lincoln Chafee has sent letters to the directors of Rhode Island’s 17 quasi-public agencies requesting, among other things, they terminate non-critical contracts with lobbyists. He is also requesting any procurement activities by these agencies be open and transparent, instructing the agencies to post all procurement rules and regulations applicable to each agency’s contract practices on a public website.
Governor Chafee indicates the purpose of the letters is to help find cost reductions that are available through increased efficiency and productivity, stating, “Under my appointment authority I take very seriously the responsibility of placing highly qualified individuals who strive to ensure value in the services provided by our quasi-public agencies.”
Some of the quasi-public agencies include the Rhode Island Industrial-Recreational Building Authority, the Rhode Island Airport Corporation, and the Rhode Island Health and Educational Building Corporation.
May 18, 2011 •
New Ethics Rules for Chicago
On Monday, May 16th Mayor Rahm Emanuel signed three new executive orders and reissued three additional executive orders.
The three reissued executive orders include a ban on political contributions to the mayor from the owners of companies that do business with the city, an order requiring city employees to comply with hiring oversight rules, and an order reaffirming that it is the duty of every city employee to report wrongdoing to the inspector general.
The first new executive order prohibits new appointees from lobbying city government for two years after leaving the administration, bars lower level employees from lobbying the departments or agencies in which they work, and bars appointees to boards and commissions from lobbying the board or commission on which they sit.
The second new executive order protects city employees from being pressured to give gifts or make political contributions to their superiors.
The third new executive order prohibits city lobbyists from making political contributions to the mayor.
May 13, 2011 •
Revolving Door Loophole Exposed
West Virginia’s ethics panel decided the law does not include independent contractors.
The West Virginia Ethics Commission has concluded it cannot prevent an employee of the Legislature from avoiding the state’s newly passed “revolving door” ban if he changes his status from an employee to an independent contractor before the law takes effect on July 1, 2011.
Under the pending law, elected officials and certain high-ranking unelected employees will be forbidden from acting as lobbyists for one year after leaving public employment. The commission decided this law does not include independent contractors.
This decision comes after a request for an opinion by legislative counsel Donnie Adkins. The commission said it “is troubled” by the proposed maneuver but would be unable to bring him within the revolving door ban as an independent contractor.
The West Virginia Ethics Commission offers the opinion on their website.
Here is the Charleston Gazette’s coverage in the story, “Ethics loophole a cause of concern” by Phil Kabler.
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.
