The overhaul split the commission staff into an administrative division, an investigative division, and a compliance-education division. In addition to these changes, a change in the reporting law has resulted in hundreds of delinquencies by local officials who are filing with the state for the first time. The agency has been required to devote time and resources to contact anyone in arrears by certified mail.

Meanwhile, larger investigations have stalled. Earlier this month the commission dismissed a case filed in 2004 because the statute of limitations had expired. A more recent complaint filed against a lobbyist who failed to timely file or register and who paid for a state official’s travel to Europe is now 10 months old and delayed.

Executive Secretary Holly LaBerge is expected to hire staff auditors and receive assistance from the attorney general’s office to aid prosecutorial efforts.

CHARLES COUNTY, MARYLAND: Commissioners made the decision to pass an ethics ordinance required by the state after removing a key amendment Tuesday. The amendment would have included stricter campaign finance and reporting laws.

After debate, the commissioners elected to remove the amendment and take up campaign finance and reporting as a separate piece of legislation in the future. The ordinance, as passed, states that commissioners can only represent the county, prohibits gifts over $20, and requires lobbyist registrations to be filed by January 15th.

All counties, municipalities, and school districts are required by law to pass an ethics ordinance.

The first reporting period will be the first quarter of 2012, and the first expense report is due April 30, 2012.

Regulation No. 9, regarding lobbying, will become effective January 3, 2012. The Board of Ethics intends to recommend amendments to Regulation No. 9 to bring it into conformity with amendments made to Philadelphia City Code Chapter 20-1200 by Bill No. 110556.

In the event an online filing system is not available by January 3, 2012, an interim registration method will be provided by the Board of Ethics.

Code Home Rule Bill 5-11 expands regulation regarding conflict of interest, lobbyist reporting, gift law, and enforcement of violations.

Changes include a lower registration threshold for lobbyists at $200 of food, entertainment, or gifts to public officials in a calendar year. The ethics commission will now be able to asses a late fee of $10 per day for failure to timely file lobbyist registrations and reports.

Persons lobbying within any of Palm Beach County’s 38 cities and towns may soon have to register as lobbyists as part of a proposed countywide lobbyist registry and standardized set of rules.

If approved, the new rules would apply to all persons lobbying municipal personnel. Some concerns have been raised as to the definition of lobbyists and the potential inclusion in that definition of unpaid lobbyists.

If approved, a $25 registration fee per principal represented would be instituted and expenditures exceeding $25 in specified categories would be required to be reported.

Q: I am a registered lobbyist who would like to host a state legislator at a college football game.  Are there specific restrictions to this type of gift?

A: The most common gift restrictions are those relating to food and beverage.  Providing tickets or admission to a football game is a different type of gift, referred to as entertainment or hospitality.

Some jurisdictions do not restrict providing entertainment at all.  Pennsylvania does not restrict a lobbyist providing hospitality to an official.  However, Pennsylvania does require the lobbyist’s principal to report the gift of hospitality, even itemizing it if the aggregate of all gifts to the official is more than $650 in a calendar year.

Other jurisdictions allow a lobbyist to provide entertainment up to a certain amount.  In Texas, a lobbyist may provide expenditures for entertainment of $500 or less in a calendar year.  Ohio permits a lesser amount.  Lobbyists may provide Ohio officials gifts worth an aggregate annual value of $75 or less.  Like Pennsylvania, both Texas and Ohio require the gift to be reported.

Louisiana specifically prohibits providing tickets to sporting events except for a very narrow exception.  Other jurisdictions do not specifically mention entertainment or hospitality, but generally restrict these gifts to officials.  Though a big football state, Wisconsin generally prohibits all gifts to officials.

The question reinforces the idea that a lobbyist must understand all of a jurisdiction’s gift restrictions, not just those that pertain to food and beverage.  When considering any dollar value limitation on entertainment or hospitality, be sure to consider the proper method to value the gift in that jurisdiction.  For example, the cost of a football ticket for ethics purposes could be its face value or its fair market value.

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.

California Governor Jerry Brown has signed senate bill 398 into law. The bill alters definitions and reporting requirements for those who do business with the board of a public pension or retirement system to manage securities or other assets and went into effect upon signature.

Specifically, the new law modifies the definition of external managers to mean a person who is seeking to be, or is, retained by a board or an investment vehicle to manage a portfolio of securities or other assets for compensation, or a person who manages an investment fund, and who offers or sells, or has offered or sold an ownership interest in the investment fund to a board or investment vehicle. The law also alters the definition of a placement agent to a person directly or indirectly hired, engaged, or retained by, or serving for the benefit of or on behalf of, an external manger and who acts or has acted for compensation as a finder, solicitor, marketer, consultant, broker, or other intermediary in connection with the offer or sale to a board or investment vehicle either the investment management services of the external manager or an ownership interest in an investment fund managed by the external manager.

Additional changes made as the result of the new law include the exemption of placement agents from any requirements imposed by a local government agency, including lobbyist registration and reporting, if the placement agent is an employee, officer, or director of an external manager, or of an affiliate of an external manager, and the external manager is registered as an investment adviser or a broker-dealer with the Securities and Exchange Commission or any state securities regulator. Further, placement agents are exempt from local requirements if the external manager is participating in a competitive bidding process, such as a request for proposal, or has been selected through a competitive bidding process and is providing services pursuant to a contract executed as a result of that bidding process, or when the external manager, if selected through competitive bidding, has agreed to a fiduciary standard of care for the contract.

An ethics reform bill heralded this summer by Massachusetts House Republicans has been blocked.

The Democratic-controlled house voted 116 to 34 today against a motion allowing House Bill 3718 out of committee for a full vote. Among the changes in the bill are the requirement lobbyists wear badges identifying themselves as such, contribution restrictions for house members, and the prohibition of house members and their staff from contacting public entities regarding pending procurement decisions.

The reform measure arose as a response to the conviction this summer of former house speaker Salvatore DiMasi on seven counts of corruption.

This post follows up a previous article by George Ticoras, “New House Ethics Rules Proposed for Massachusetts” from June 23.

Photo of the Massachusetts Statehouse by Fcb981 on Wikipedia.

National:

Election Spending to Exceed $6 Billion Thanks Partly to Jim Bopp

Twitter to Launch Political Advertising

Federal:

K Street Cool to Obama Lobbying Plan

Watchdog Spotlights Lawmaker Ethics in ‘Most Corrupt’ Report

From the States and Municipalities:

Alabama

Former Governor Riley Gets Ethics Training He Pushed

California

California Pension Managers Fined for Unreported Gifts

Connecticut

‘Shock Jock’ Hal Turner Acquitted in Connecticut Threats Case

District of Columbia

Wells Drafts D.C. Bill to Limit Lobbyists’ Influence

Illinois

The Price of Influence in Chicago

Louisiana

Sugar Bowl in Violation of Tax Law with Purchases to Fundraiser

Missouri

T.D. El-Amin Gets Record Ethics Fine

Montana

Supreme Court Looks at Campaign Finance for Political Spending

Oklahoma

Oklahoma High Court Hears Former Senator’s Appeal

Pennsylvania

Soon, Lobbyists Must Register

Wisconsin

Judge: Wisconsin campaign law is unconstitutional

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.

The Philadelphia Board of Ethics has approved proposed regulations that define lobbying activity and describe how lobbyists must register and report expenditures.

If the regulations are approved by the Law Department, they could become effective in early October. A previous board decision to provide a 30 day grace period would not require lobbyist registration until November.

Additionally, registration could begin only when the board has an online registration system in place.  Shane Creamer, executive director of the board, stated he hoped the online registration system would be ready in November.

We now provide information on lobbying, political contributions, and procurement lobbying for:

Tempe, Arizona

Evansville, Indiana

South Bend, Indiana

Flint, Michigan

North Las Vegas, Nevada

Reno, Nevada

Fayetteville, North Carolina

Chattanooga, Tennessee

Knoxville, Tennessee

We now provide information on lobbying, political contributions, and procurement lobbying for:

Sterling Heights, Michigan

Lafayette, Louisiana

State and Federal Communications  is the most trusted source in the nation for comprehensive, accurate, and timely compliance information lobbying laws, political contributions, procurement lobbying, and Canadian Compliance for U.S. Companies.

Our Executive Source Guides cover every important jurisdiction – federal, all 50 states, and more than 200 municipalities. We cover Canada too!

Federal:

Firm Gives $1 Million to Pro-Romney Group, Then Dissolves

K Street Eyes Super Committee

Lobbying for Lobbyists on Capitol Hill

From the States and Municipalities:

California

California Poised to OK Political Donations via Text

Connecticut

Watchdog Panel Gives Malloy Three Choices for New Executive Director

Delaware

Weak Rules Make for Powerful Lobbyists

Hawaii

Ethics Chief Draws Ire for Stance on Task-Force Members Who Lobby

Illinois

Are State Worker Punishments Fitting the Crimes?

Michigan

Dispensary Offered Free Marijuana for Signing Up to Vote

New Jersey

N.J. Freeholder Resigns after Nude Photos Appear On-line

Oklahoma

Oklahoma Lobbyists Are Paying Attention to Freshman Lawmakers

Wisconsin

Court Tosses Wisconsin Limit on PAC Donations

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.