All lobbyists, for both the legislative and executive branches will file their reports with the legislative branch. Executive branch lobbyists will not have to register with the legislature as legislative branch lobbyists. They will, however, have to register for the online reporting system used by the legislative branch.

The legislative branch will be sending a letter with directions and passwords for the new system to all registered executive branch lobbyists and their clients. The online system will open to executive branch lobbyists on July 1st, 2011.

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.

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.

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.

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?

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.

RHODE ISLAND: The Providence Lobbying Disclosure Ordinance, which was to take effect May 16, will now take effect July 1. The City Council’s Committee on Finance amended the March 11 ordinance extending the time to begin the implementation of the regulations. The new ordinance requires lobbyist registration, reporting, ID badges, and penalties.

This report refers to the March 23 Lobby Comply post “Providence Creates Lobbying Registration Law” by George Ticoras.

Photo of the Providence, R.I. skyline by boliyou on Wikipedia.

A report released by the Government Accountability Office reveals disclosure reporting terminology and reporting requirements are a challenge for some lobbyists. The 2010 Lobbying Disclosure Observations on Lobbyists’ Compliance with Disclosure Requirements also found some lobbyists lacked clarity in determining what constitutes a lobbying activity versus a non-lobbying activity. Generally, however, the findings in the report, which were substantially the same as prior reports, show lobbyists as a whole complying with disclosure and reporting requirements.

The GAO is required by law to prepare reports determining the efficacy of lobbying compliance and reporting, and identify any challenges to compliance. This is their fourth report.

This law, taking effect on July 1, 2011, requires lobbyist registration and reporting only with the legislative branch.

Lobbyists will indicate on this registration whether they will also engage in lobbying executive officials.

Employer reports will still be due each July 31^st.

Photo of Governor Branstad courtesy of the official website for the Office of the Governor.

House File 126 has passed both houses of the Iowa Legislature and now awaits approval from Governor Terry Branstad.

This bill would change the state’s law to require lobbyists to register and report with the legislative branch only; currently there is separate registration and reporting for the legislative and executive branches.

Lobbyists would indicate on the registrations whether they will lobby executive officials in addition to lawmakers. Lobbyists would have a combined annual report due each July 31st and registration would open in December for the following calendar year.

Tennessee Governor Bill Haslam has signed into law Senate Bill 1227, which revises the filing dates for lobbyist employer disclosure reports.

The bill requires that employer disclosure reports be filed within 45 days of June 30 and December 31.

The new law takes effect July 1, 2011, with the first employer disclosure report under the new law covering the time period from April 1, 2011 to December 31, 2011 having a filing deadline of February 14, 2012.

Photo of Governor Bill Haslam courtesy of the Tennessee Governor’s website.

The Georgia General Assembly adjourned late Thursday, April 14, 2011. Among the measures passed on the final legislative day was Senate Bill 160, requiring lobbyist reporting of expenditures made on behalf or for the benefit of a public employee for the purpose of influencing a public officer. The measure will now be sent to the desk of Governor Nathan Deal for his signature.

Senate Bill 160 was amended earlier in the week to close a loophole in state ethics law made public after Advisory Opinion 2011-03, released by the Georgia Government Transparency and Campaign Finance Commission, concluded state law did not require the reporting of such expenditures.

The final semi-monthly disclosure report for state level lobbyists will be due May 1, 2011. Further, the first monthly disclosure report for state level lobbyists will be due June 5, 2011.

Photo of the Georgia State Capitol dome by Connor.carey on Wikipedia.

The Georgia House of Representatives voted Tuesday to close a loophole in the state ethics law concerning expenditures made on behalf or for the benefit of public employees.

The House voted to amend Senate Bill 160 to add provisions requiring lobbyist reporting of expenditures made on behalf or for the benefit of a public employee for the purpose of influencing a public officer after Advisory Opinion 2011-03, released by the Georgia Government Transparency and Campaign Finance Commission, concluded state law did not require the reporting of such expenditures.

The bill must now return to the Senate for a vote on the House amendment.

Photo of the Georgia State Capitol dome by Connor.carey on Wikipedia.

Effective March 17, 2011, the amount triggering detailed reporting for food, beverages, transportation, lodging, and entertainment will drop to $90.

The trigger is set by statute at 60% of the amount of the legislative per diem.

Due to the legislative per diem decreasing from $168 for the 2009 session to $150 for the 2011 session, the trigger has decreased from $100.80 to $90.