North Carolina, which has a notoriously strict gift ban, permits lobbyists to provide meals and beverages at events held in conjunction with legislative conferences, provided certain conditions are met. In order for the gift exception to apply, either all members of the senate, house, recognized legislative caucus, or the entire general assembly must be invited, and at least 10 individuals associated with the lobbyist or the lobbyist’s organization must attend.

Kentucky does not have a strict ban against lobbyists providing meals to legislators, but there is a $100 annual limit. However, if there is an event where all members of the house or senate, or approved caucus are invited, the amount spent on food and beverages is not counted against the $100 limit.

Not only do many states have exceptions to their gift laws in relative to national legislative conferences, but some also have different reporting requirements. States like Missouri and Georgia allow for group reporting, rather than naming each legislator that attended. In South Dakota, lobbyists are not required to report their expenditures at national conferences at all, provided that the legislature is not in session at the time.

State officials must report tangible gifts of more than $250 per year from any source and transportation, lodging, and hospitality worth more than $650. Lobbyists were the most generous with legislators who have power to direct and control funding. For instance, Senate Appropriations Committee Chair Jake Corman received a $4,000 Super Bowl trip from a Pittsburgh law firm whose lobbyists represent a variety of clients, including utility companies, hospitals, wine and beer distributors, and banks.

Those who provide the gifts and travel are not necessarily trying to buy support for particular legislation, but they are buying lawmakers’ time according to one Harrisburg lobbyist, who asked not to be named. He said he frequently takes lawmakers to dinner but does not give tangible gifts. He said most often, gifts come from lobbyists whose interests already are in sync with the lawmaker’s policy positions.

These types of indirect efforts, also known as “grassroots lobbying,” encompass a wide variety of activities.  Sanctions, penalties, and fines arise when organizations fail to realize that their efforts to persuade the general population on various issues may possibly be considered lobbying.

The good news is that many states are explicit as to whether they consider grassroots efforts lobbying.  States like Arizona and Ohio define lobbying as direct communication with legislators, thereby excluding grassroots.  States that do regulate grassroots activity, for example, Mississippi and New Hampshire, use language such as soliciting others and indirect communication with legislators to indicate that grassroots efforts require registration.

Reporting grassroots activity is often more complicated than reporting direct lobbying expenditures.  In most states, reporting direct lobbying expenses is straightforward.  It is not difficult to determine what is an expenditure spent on an official.  Reporting grassroots costs becomes confusing because grassroots lobbying often consists of mass media campaigns, along with websites and e-mails.  It is difficult to tell exactly which costs are included in the registration and reporting thresholds.  For example, in the case of a website, do you include the salary of the person creating the website, the cost of web access, or the cost of any outsourced work? (more…)

According to public filings, more than 130 registered lobbyists gave contributions toward 2010 campaigns. Republicans, who control the House and Senate, received about $190,000, while Democrats got almost $155,000. Another $13,000 went to nonpartisan judicial candidates.

Five statewide candidates each have received more than $20,000 in contributions from registered lobbyists, with Lt. Gov. Jari Askins leading the way at more than $36,000. Askins won a narrow victory over Attorney General Drew Edmonds in the Democratic primary for governor. Edmondson received more than $28,000 from registered lobbyists. The contributions from lobbyists, however, are a small share of overall fundraising for those candidates; the Askins and Edmondson campaigns have each raised more than $2 million.

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.

Q. I attended the annual meeting of the National Conference of State Legislatures. While there, I took a group of legislators from various states to dinner and picked up the tab. Most of the legislators were accompanied by spouses. In those jurisdictions requiring disclosure of this dinner expenditure, must I also disclose the amount spent on the spouse?

A. Almost all states requiring disclosure of food and beverage expenditures incurred on behalf of reportable officials also require disclosure of the amount spent on the official’s spouse or immediate family member. However, there are exceptions.

• In Idaho, the lobbying law does not require disclosure of expenditures for spouses and family members of legislators. However, it is common practice for lobbyists to report such expenditures anyway.

• In Michigan, food and beverage expenditures on behalf of spouses or family members are not reportable. However, travel expenditures greater than $725 on behalf of spouses or family members are reportable.

• In Montana, a principal is not required to report expenditures made on behalf of a spouse or immediate family member of a legislator, public officer, or employee.

• In Rhode Island, expenditures made on behalf of family members are not reportable as lobbyist expenditures, but are reported by elected officials.

• In Vermont, expenditures on behalf of a spouse or immediate family member are not reportable.

(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 Illinois Secretary of State has mailed invoices for the revised lobbyist registration fee.

According to the Index Department, the invoices were sent on August 10, 2010 and the $300 fee is due on September 9, 2010. This invoice must accompany the payment.

A contentious meeting of the Broward County Commission has resulted in a new code of ethics law for the county. The new law bars county commissioners and family members from accepting lobbyist gifts. It also establishes a new Office of Inspector General.

For more coverage of this breaking news:

“Broward Ethics Reform Passes After Shouting Match,” by Carey Codd at CBS 4.

“Gnashing of teeth, tongue-lashing, and ethics reform,” by Brittany Wallman in the South Florida Sun Sentinel.

The reports can be found at: www.elec.state.nj.us. They include detailed information reported to ELEC by lobbyists and the represented entities employing them. Among the details to be found in the reports are the names, contact information, salaries, and expenses for all lobbyists registered with ELEC.

In previous years, ELEC has provided summarized information contained in the annual lobbying reports. They were not available online until now.

In addition to the reports filed by represented entities such as corporations, unions, and trade associations, the annual reports filed by grassroots lobbying groups are also available. The reports detail the funds raised by grassroots groups through contributions, membership dues, and expenses associated with the group’s communication efforts.

ELEC’s reports show total lobbyist spending reached $57.6 million in 2009 with 1,001 lobbyists registered with the commission.

Map from the National Atlas of the United States.

The Illinois Secretary of State Index Department has announced expenditure reporting requirements for the first half of 2010. Reporting for expenditures made on behalf of officials for the period of January 1 through June 30, 2010 opens on September 1, 2010.

Expenditures must be filed within 30 calendar days, or by September 30, 2010. The Index Department has announced they will publish an updated Expenditure Report Filing Guide available online on August 16, 2010. This guide is designed to assist filers with changes to the lobbyist laws.

Photo of Illinois Secretary of State Jesse White.

County Clerk David Orr and Commissioner Bridget Gainer announced “Lobbyist Online,” a searchable database of lobbyists and lobbying activity in Cook County. This Web site allows users to find out who is lobbying county government, what they are promoting, who they are trying to influence, and how much money they make. This site comes on the heels of a newly implemented electronic lobbyist registration and reporting system.

Orr’s office reported lobbyists made 576 contacts seeking to influence nearly 60 county officials during the first half of 2010.

Here is the Cook County Clerk Web site with a link to the Lobbyist Online database.

Maine’s Clean Election Act is in question after a U.S. Supreme Court decision regarding Arizona’s clean elections program and a federal court decision in Connecticut:

“ME: Maine watching Arizona elections case,” by Kevin Miller from the Bangor Daily News.

Former Florida House Speaker Ray Sansom gets no plea deal because he refuses to participate in a sheriff’s work program:

“Ray Sansom Plea Deal Scrapped When Defendants Balk at Jail Gang Duty,” by Lee Logan and Steve Bousquet from the St. Petersburg Times

From Pennsylvania, Bonusgate staffer Stephen Keefer files a lawsuit in federal court:

“Acquitted Bonusgate Staffer Files Lawsuit,” by Brad Bumsted and Brian Bowling from the Pittsburgh Tribune-Review

SB 551 is a response to the recent U.S. Circuit Court of Appeals decision in Green Party of Connecticut v. Garfield regarding the state’s Citizens’ Election Program. If signed by Governor M. Jodi Rell, the bill would limit contributions from communicator lobbyists, members of the lobbyist’s immediate family, and political committees established or controlled by the lobbyist or lobbyist’s immediate family to $100, while also banning the bundling of contributions by the same individuals.

Further, the bill expands the list of items not considered to be a contribution, while also prohibiting the knowing solicitation of contributions by state contractors, prospective state contractors, principals of state contractors, and principals of prospective state contractors from the contractor’s employees or a subcontractor or principals of a subcontractor on behalf of exploratory or candidate committees, political committees authorized to make contributions or expenditures to or for the benefit of specified candidates, or a party committee.

Additionally, grants to participating candidates would increase to $6,000,000 for the general election campaign. However, Governor Rell has previously indicated her intent to veto any bill increasing grants to participating candidates, citing state budget concerns.

Photo by jimbowen0306 in Wikipedia.

The measure creates the Lobbying Disclosure Act Enforcement Task Force inside the Department of Justice. The new task force will be charged with enforcing the disclosure provisions of the Lobbying Disclosure Act of 1995.

Further, the bill amends existing federal lobbying law by making public the names of registered lobbyists and firms who violate disclosure regulations. The bill now heads to the Senate.

Update 8-2-2010: Here is an article from The Hill giving K Street’s reaction to the Lobbying Disclosure Enhancement Act: “K Street feels it’s being unfairly targeted by bill disclosing lobbying violators“

This bill changes several provisions of the lobbying laws. The registration fee is lowered to $300 in response to the previous fee of $1,000 having been enjoined. Under this new law, lobbyists must notify officials in writing of reportable expenditures at the time the expenditures are made.

Effective January 1, 2011, lobbyist reports are due on a semi-monthly basis. For 2010, a report covering the second half of the year is due January 15, 2011; the Secretary of State will issue instructions for reporting lobbyist expenditures incurred during the first half of the year.