September 28, 2011 • Written by Elizabeth Bartz

E-X-P-A-N-D-I-N-G Our Online Guides

Dear Clients:

We are always looking to add value to our services. You may have noticed in the past three months we have added 36 new jurisdictions to our online website.

Now that we are starting the last quarter of the year, we are going to increase the amount of information in each section.

September 28, 2011 • Written by Allyson Smith

Ask the Experts – Keeping Track of Reportable Expenditures in Indiana

Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.

Q. I’m registered as a legislative lobbyist in Indiana. How should I keep track of reportable expenditures for my upcoming report due in November?

A. The Indiana Lobby Registration Commission (ILRC) is currently in the process of reviewing the reporting guidelines for lobbyist expenditures and gifts. As fall kicks off and the November reporting deadline will soon be upon us, it is important to review key reporting changes.

Specifically, the ILRC does not consider a meal expenditure on behalf of a legislator to be a gift, but instead, an entertainment expenditure, as long as the lobbyist is present when the meal is consumed. Per the ILRC’s reporting guidelines, please make sure you save an itemized receipt outlining the exact cost of the meals associated with reportable legislators. Here are some important things to remember regarding entertainment expenditures, including meals:

When determining how much to attribute to a particular legislator, only direct costs must be associated with the legislator. Unlike most states, determining a pro-rata cost of an official’s meal by dividing the bill by the number of people present is not permissible. Instead, you must save an itemized receipt, and attribute only the amount of the specific items ordered for that particular legislator. Tax and tip must be appropriately allocated as well.

If you are not present when making an expenditure, this qualifies as a gift, and is subject to special reporting guidelines. Starting with this reporting period (form was not developed until late April), a gift report must be submitted if a gift is given to a legislator equaling $50.00 per day, or $250.00 in the aggregate. This report is due 15 business days after the gift is given. A copy must be sent to the legislator who is named in the report. Moreover, informed prior consent must be obtained from the legislator before the gift is given.

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.

September 26, 2011 • Written by Jim Sedor

News You Can Use Digest – September 26, 2011

Here are highlights from the latest edition of News You Can Use:

September 22, 2011 • Written by Nathan Shaker

Philadelphia Board of Ethics Approves Lobbying Regulations

Lobbyist Registration Delayed Until November

September 20, 2011 • Written by George Ticoras, Esq.

O.G.E. Proposes New Rules on Lobbyist Gifts

Exceptions to be Precluded

September 19, 2011 • Written by Jim Sedor

News You Can Use Digest – September 19, 2011

Here are highlights from the latest edition of News You Can Use:

September 15, 2011 • Written by George Ticoras, Esq.

Calls for Change to New Jersey Pay-to-Play Laws

Comptroller and ELEC Director

Today the New Jersey State Comptroller A. Matthew Boxer and the Election Law Enforcement Commission (ELEC) Executive Director Jeff Brindle called for a simpler pay-to-play system, tighter contracting rules, and more complete disclosure of contractor contributions.

Comptroller Boxer issued a report finding the state’s pay-to-play laws contain “a series of fatal flaws [that] have essentially rendered New Jersey’s Pay-to-Play law meaningless in the effort to prevent local governments from steering contracts to politically favored vendors.” Director Brindle stated, “Unfortunately, New Jersey’s political history is littered with examples of private contractors securing lucrative public contracts through targeted contributions.”

The comptroller’s report suggests several changes, such as eliminating the fair-and-open exception which has different regulatory systems at the state and local levels, strengthening fair-and-open guidelines to require more competitive contracting, and reforming New Jersey’s contract laws to allow a more competitive vendor-selection process.

Drawing on earlier recommendations from ELEC, Director Brindle also made calls for changes, including for one state pay-to-play law to apply “across the board” for all jurisdictions, emphasizing “the current maze of local and state laws is terribly confusing.” Additionally, ELEC proposes that any public contractor receiving a contract over $17,500 file an annual report with the agency, listing the contractor’s contributions and public contracts. The current disclosure threshold is $50,000. Director Brindle also stated the contribution limits for contractors should be raised to help address fundraising concerns and not discourage participation in the political process.

“Combined with competitive bidding reform as suggested by the Comptroller, together these changes would, I believe, constitute the strongest pay-to-play law in the nation,” Director Brindle said.

Comptroller Boxer’s press release is here. Director Brindle’s press release is here.