The Georgia Government Transparency and Campaign Finance Commission has released Advisory Opinion No. 2011-1, providing for an interpretation of the lobbyist registration statute in regards to individuals who are officers or employees of a business entity. The Commission has determined these individuals must register as lobbyists if they meet with public officials and express opinions on potential or actual legislation that may impact the business entity.

Stacey Kalberman, Executive Secretary of the Commission, prepared the opinion, noting “the General Assembly drafted a broad provision which can only be interpreted to mean that any individual compensated by another, whether as a consultant or an employee, is acting as a lobbyist if such person attempts to influence legislation by the General Assembly.”

This opinion does not affect employees who may be conducting lobbying activities as an uncompensated volunteer, so long as they do not exceed $250 in expenditures.

A bill prohibiting public officials from lobbying the Nevada Legislature immediately upon leaving office has been introduced into the assembly. Currently, the state has no revolving door prohibitions and public officials may lobby as soon as they leave office.

Assembly Bill 184 requires a two year cooling off period before a former state legislator, governor, or other specified executive branch official may serve as a paid lobbyist. The bill allows for exceptions such as representing a local agency where the former official is currently employed and making formal appearances before the Legislature.

Photo of the Nevada State Legislature building by Dave Parker on Wikipedia.

Effective April 1, 2011, lobbyists will be required to register with the city treasurer-clerk prior to engaging in any lobbying. Lobbyists will be required to pay a fee of $25 for each principal represented. Additionally, each lobbying firm may register in the name of the firm, corporation, or legal entity, provided the registration lists the names of all persons who engage in lobbying for the firm.

Further, each lobbying firm will be required to file a quarterly compensation report during each calendar quarter during any portion of which the lobbyist or lobbying firm was registered to represent a principal. A provision was also included in the ordinance stating the annual period of registration will be the calendar year, ending December 31, and noted the first period of registration will begin on the ordinance’s effective date of April 1, 2011, and all registrations during the 2011 year after such time will end on December 31, 2011.

Lights, camera … action! According to a piece in the New York Times, former U.S. Senator Christopher Dodd (D-Conn.) has been hired as top lobbyist for the Motion Picture Association of America.

The articles notes that according to the law Dodd cannot directly lobby on Capitol Hill until 2013, but can offer plenty of strategy. “I have no intention of violating either the letter or spirit of that law, which is one I support strongly,” said the former senator.

For the full story, be sure to read “Motion Picture Industry Group Names Ex-Senator Dodd as Its New Chief” by Brooks Barnes and Michael Cieply in the March 1 edition of the New York Times.

A bill requiring lobbyists to report activity even when the Legislature is not in session has been introduced by Senator Sheila Leslie. Currently, a lobbyist need only report activity occurring while the legislative body is actually in session.

Nevada’s Legislature generally meets in the first half of odd-numbered years. Senate Bill 0206‘s additional reporting requirements necessitate lobbyists report all lobbying activities after the end of the third and fourth calendar quarter of each odd-numbered year and each calendar quarter of each even numbered year, whether or not any expenditures were made.

The bill also extends the definition of lobbyist to include one who lobbies where an interim committee holds meetings.

Q: Now that Illinois has semi-monthly reporting, are there any changes to the contents of the report?

A: As of January 1, 2011, Illinois requires disclosure reports to be submitted on the fifth and 20th of each month.  This new schedule began on January 20, 2011.  The Secretary of State’s Office issued a 2011 Expenditure Report Filing Guide concerning how to disclose reportable activity on the Activity Detail Report.  This guide contains some changes for client or lobbying entity reporting.

Individual expenditures made on behalf of covered officials must be itemized with expanded information.  Lobbying entity reports must itemize for each individual expenditure or transaction:

• The name of the official for whose benefit each expenditure was made;
• The name of the client on whose behalf the expenditure was made;
• Whether the expenditure was made on behalf of a client;
• The total amount of the expenditure;
• A description of the expenditure;
• The vendor or purveyor to whom the expenditure was made;
• The address and location of the expenditure if the expenditure was for an intangible item such as lodging;
• The date on which the expenditure occurred; and
• The subject matter of the lobbying activity, if any.

As in previous years, the expenditure reports must also include reporting of lobbying activity that is unrelated to an itemized expenditure.  This requirement is satisfied by identifying:

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Directors of the California Public Employees’ Retirement System (CalPERS) adopted several new ethics proposals. Among the proposals are rules to regulate fee payments to placement agents, who help funds gain access to CalPERS decision makers, and rules to ensure the same staff members who negotiate investment deals do not monitor their success.

Additionally, the directors approved a requirement for investment partners to hold meetings in modest office settings instead of vacation resorts. The directors postponed decisions on proposals to reduce or eliminate travel, gifts, and other accommodations outside investment firms provide board members, and to impose a two-year “revolving door” ban on certain CalPERS employees.

These regulations being put in place are in line with legislation taking effect earlier this year requiring placement agents to register as lobbyists and regulating how the agents are paid.

Photo of CalPERS headquarters by Coolcaesar on Wikipedia.

Starting July 1, those in Orange County, California who are seeking to influence county government will be required to register with the Board of Supervisors. Under the new law, county lobbyists must register within 10 days of commencing lobbying activity and renew these registrations annually.

The registration fee will be $75 for an initial registration and $50 for each annual renewal thereafter. Orange County is the largest municipality in the state without a system for monitoring and disclosing lobbying activity. The regulation does not apply to those lobbying on behalf of nonprofit organizations.

Senator Michael G. Waddoups introduced a bill mandating training for all registered lobbyists. SB 251 requires the lieutenant governor to develop and maintain a training course for lobbyists and make the training available on the internet to both lobbyists and the public. The bill also includes a component to help lobbyists understand state campaign finance requirements.

Lobbyists would be required to complete the training course once a year. A lobbyist who does not complete the training required could face a $1,000 fine and suspension of their lobbying license.

Photo of Senator Waddoups courtesy of the Utah Senate Web site.

Q. As a registered lobbyist, am I allowed to make a personal political contribution to a general assembly member whom I might eventually lobby? Does it make a difference whether I am a constituent of the general assembly member? Is such a contribution reportable?

A. As is customary in the nature of government affairs work, the answer depends upon the state in which you are making the contribution. That means you need to check the rules and regulations on political contributions for each state before you make the contribution. Also, whether such contributions are permitted or reported depends upon the amount of the contribution.

Here are some relevant examples:

• Personal political contributions by a lobbyist are reportable in Iowa, Maryland, Massachusetts, and New Hampshire. In some instances, the reporting requirement extends to a member of the lobbyist’s immediate family also making a contribution.
• In Pennsylvania, a registered lobbyist making a personal political contribution must register and report in the same manner required of PACs.
• There is an absolute prohibition on personal political contributions by registered lobbyists in Connecticut and North Carolina.
• In South Carolina, lobbyists are prohibited from making contributions to a candidate or anyone acting on behalf of a candidate if the lobbyist engages in lobbying the public office or public body for which the candidate is seeking election.
• In California, lobbyists may not contribute to state candidates or officeholders, or their controlled committees, if registered to lobby the candidate or officeholder’s agency.
• In Alaska, a lobbyist may not make a contribution to a candidate for office in a district outside the lobbyist’s own voting district. This prohibition continues for one year after a lobbyist’s registration or renewed registration date. A lobbyist who contributes to a legislative candidate must file a report within 30 days after making the contribution.

Political contributions not otherwise prohibited by a registered lobbyist could nonetheless be prohibited based on the particular state’s pay-to-play laws. Also, always make sure there are no restrictions on making the contribution during the legislative session.

Finally, it bears repeating to check the laws in the particular state before you make the contribution.

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.

Senate Bill 69 would prohibit any lobbyist, principal of a lobbyist, client of a lobbyist, agent of a lobbyist, or political action committee on which a lobbyist sits from making political campaign contributions to the governor, lieutenant governor, or a member of the legislature.

This prohibition would be in effect during any time in which the legislature is in regular or special session.

The measure also defines terms pertinent to the language of the bill, including ‘contribution,’ ‘political action committee,’ and ‘principal of a lobbyist.’

The bill aims to reduce situations where actual or perceived conflicts of interest may be raised.

Satellite photo of Hawaii by NASA, posted on Wikipedia.

According to an article in the Indianapolis Star News, Sarah Nagy has been fired as Executive Director of the Indiana Lobby Registration Commission. Nagy had been put on leave since January.

The article states the board voted unanimously and gave no reason for the action.

For the full story, read: “Lobby group fires executive director” from the February 11 edition.

The House and Senate have passed identical bills, House Bill 1284 and Senate Bill 194, aimed at delaying a legislator’s ability to become a lobbyist upon leaving the legislature.

The measures, often referred to as “revolving door legislation,” prohibit any former member of the legislature from registering as a lobbyist until one year after the expiration of the term the legislator was elected to serve.

Each chamber will now review the other’s bill. Governor Mike Beebe is expected to sign the legislation once passed.

Photo of the Arkansas State Capitol Building by Stuart Seeger on Wikipedia.

Here is a heads-up for those following lobbying news in Rhode Island. News Editor Stephen Beale wrote on GoLocalProv that Providence, Rhode Island could be the first city in the state to require lobbyists to register with city hall.

The new rules have sparked a debate between supporters of government transparency and accountability and those who do not wish to inhibit non-lobbying groups from interacting with government.

For the full article, go to “Providence Could Become First RI City to Regulate Lobbyists” on GoLocalProv.com.

Photo of the Providence City Hall by ctman987 on Wikipedia.