The Minnesota Legislature is considering two bills proposing an overhaul to the lobbyist reporting requirements.

Senate File 1636 requires lobbyist principals to report the total amount, spent by the principal during the preceding calendar year on each of four types of lobbying:

1. Lobbying to influence legislative action
2. Lobbying to influence administrative action
3. Lobbying to influence official action of political subdivisions
4. Lobbying to influence administrative action in cases of rate setting, power plant and powerline siting, with no rounding of the amounts, so lobbyist principals will be reporting actual amount spent for each category of lobbying.

House File 1723 requires lobbyist principals to report the total amount, rounded to the nearest $10,000 spent by the principal during the preceding calendar year on each of four types of lobbying:

1. Lobbying to influence legislative action
2. Lobbying to influence administrative action
3. Lobbying to influence official action of political subdivisions
4. Lobbying to influence administrative action in cases of rate setting, power plant and powerline siting, and granting of certificates of need for a large energy facility.

Currently principals are only required to report the total amount, rounded to the nearest $20,000, for all categories.

Campaign Finance

Florida: “This Florida Utility’s Secret Cash Helped GOP Win Gainesville State Senate Seat” by Mary Ellen Klaus, Nicholas Nehama, and Ana Claudia Chacin for Miami Herald

Elections

Wisconsin: “Wisconsin Assembly Leader Axes 2020 Election Investigation After Beating Trump-Backed Primary Challenger” by Zach Montellaro (Politico) for Yahoo News

Ethics

National: “Under Fire, Homeland Security Watchdog Delays Probe – with GOP Help” by Lisa Rein (Washington Post) for MSN

National: “Trump’s Secrets: How a records dispute led the FBI to search Mar-a-Lago” by Josh Dawsey, Rosalind Helderman, Jacqueline Alemany, and Devlin Barrett (Washington Post) for MSN

California: “A Bay Area Councilman Had a 14-Year-Old as His Campaign Treasurer. Regulators Want to Put a Kibosh on That.” by Gabriel Greschler (Bay Area News Group) for MSN

New York: “Jury Selection Will Start in October for Trump Organization Criminal Trial” by Ilya Marritz for NPR

Ohio: “Unfilled Records Requests Hide the Full Story Behind Ohio’s Utility Corruption Scandal” by Kathiann Kowalski (Energy News Network) for WVIZ

Lobbying

Indiana: “Rokita Consultant Hired, But Facing $18,000 in Lobbyist Registration Fines” by Leslie Bonilla Muñiz for Indiana Capital Chronicle

On September 9, the Office of the Registrar of Lobbyists for British Columbia (ORL) will implement a change to its online registry that will allow for streamlining the process for declaring certain coalition activities.

The change involves answering additional questions regarding whether a lobbying activity being reported was a jointly signed or endorsed letter sent on behalf of one or more of the organizations listed in the associated registration return as members of a coalition to which the organization or client belongs. Rather than being reported by each of the coalition member of a joint letter, the letter will only need to be declared once as a coalition activity and only reported once by the organization or consultant lobbyist that communicated the joint letter to senior public office holders.

According to the ORL, a change in the online lobbying activity report forms will be visible to organizations that have declared in their registration returns that the organization is a member of a coalition. The change will also be visible to consultant lobbyists when they prepare lobbying activity reports for clients, if they have declared in the associated registration return that the client belongs to a coalition.

If an organization has not declared membership in a coalition, this change does not affect them. This change also does not affect consultant lobbyists whose clients are not members of coalitions.

On April 9, the Philadelphia Board of Ethics announced the 2021 lobbying training schedule.

The virtual lobbyist training covers the basic requirements of the city’s lobbying law for lobbyists, lobbying firms, and principals.

The training will also cover the process of registering and filing expense reports with the Board of Ethics through the Philadelphia Lobbying Information System (PLIS).

Currently, it is not mandatory to attend one of the 2021 lobbying trainings.

Registration for the lobbying training may be accomplished at http://bit.ly/BOELobbyTraining.

All trainings will be held from 4 p.m. to 5 p.m. via Zoom on April 20, July 9, and October 14.

More dates may be added at a later time and dates are subject to change.

Questions regarding the schedule or training may be directed to the Board of Ethics at Lobbying@phila.gov or BOE.Training@phila.gov.

One of the federal lobbying registration thresholds for organizations employing in-house lobbyists has been increased. Now, an organization employing in-house lobbyists whose total expenses in connection with lobbying activities do not exceed and are not expected to exceed $14,000 in the quarterly period is not required to be registered. The previous level was $13,000. This threshold amount is adjusted every four years based on the Consumer Price Index.

The threshold amount for lobbying firms remains the same. A lobbying firm or individual lobbyist whose total income for matters relating to lobbying activities on behalf of a particular client does not exceed or is not expected to exceed $3,000 in the quarterly period is exempt from registration with respect to such client.

Other determinations for registration include whether a lobbyist is an individual who, with respect to a particular client, makes more than one lobbying contact and whose lobbying activities constitute at least 20% of the individual’s time in services for that client over any three-month period.

On February 24, the New York Joint Commission on Public Ethics plans to open the online Lobbying Application.

Additionally, the commission will post updated paper forms for the submission of bimonthly reports.

The writable PDF forms will be available to paper filers on the JCOPE website.

Due to changes in the lobbying regulations and to the online filing system, JCOPE is also allowing additional time to file bimonthly reports due in March.

Bimonthly reports covering the January 1 to February 28 reporting period will be considered timely if submitted by March 22.

The online system was also updated to improve functionality, transparency, and the filing process.

Changes made include removing the auto-population of lobbying activities reported on a registration to the filer’s bimonthly report; allowing filers to add additional information to an existing party name; adding a comprehensive drop-down menu of itemized expenses; an updated parties lobbied database; and also adding an expense chart for reporting coalition contributions by members of unstructured coalitions.

The Nevada Assembly has introduced a bill to revise the definition of a lobbyist by removing the requirement to appear in person at the Capitol building or any other building the Legislature or their committees hold meetings.

Assembly Bill 110 will define a lobbyist as a person who communicates directly with a member of the Legislature on behalf of someone other than themselves to influence legislative action, whether or not any compensation is received.

Currently, lobbying is taking place virtually because the legislative session is closed to all but lawmakers, essential staff, and some members of the media.

However, lobbyist registration has not taken place because the definition required in person communication.

Assembly Bill 110 will revise the definition and allow the Legislative Counsel Bureau to open lobbyist registration and begin to regulate lobbying again.

The Chicago Board of Ethics is further extending the deadline for completion of annual mandatory ethics training by registered lobbyists for the 2019-2020 training period to May 1, 2021, due to the COVID-19 pandemic.

The training is completed online using a link available on the Board of Ethics website.

If a lobbyist terminates registration prior to the May 1 training deadline, training is not required, provided all reporting requirements have also been satisfied, including the final activity report.

Today, the Federal Election Commission (FEC) published its price index adjustments for expenditure limitations and the federal lobbyist bundling disclosure threshold.

The lobbyist bundling disclosure threshold has increased for 2021 from $19,000 to $19,300. This threshold amount is adjusted annually. Federal law requires authorized committees of federal candidates, leadership political action committees (PACs), and political party committees to disclose contributions bundled by lobbyists and lobbyists’ PACs.

Additionally, the FEC published its adjusted Coordinated Party Expenditure Limits for political parties for 2021.

South Dakota Secretary of State Steve Barnett published the 2021 annual limit for lobbyist gifts to public officials.

Each year, the annual cumulative value is adjusted.

It is based on the change in the consumer price index for urban wage earners and clerical workers for the year before the immediately preceding year.

The change for 2019 was 2.3%, making the newly adjusted cumulative gift limit $106.43 for 2021.

Public officials and members of their immediate families may not accept gifts with a cumulative value greater than $106.43 from any lobbyist or principal during the 2021 calendar year.

North Dakota Rep. Keith Kempenich is sponsoring a bill to add reimbursement for meals to the compensation received by lawmakers who live outside Bismarck.

The bill is being proposed just as the lobbyist gift ban approved by voters in 2018 is taking effect.

Lawmakers are currently paid $518 a month and receive $186 per day they attend sessions or committee meetings, plus reimbursement for lodging during the session.

They are also included on the state-funded employee health plan.

If passed, the bill would become effective August 1, 2021.

Attorney General Wayne Stenehjem issued an opinion confirming the Ethics Commission is constitutionally authorized to create a rule expanding the definitions for “lobby” and “lobbyist” for purposes of the new gift rules.

The opinion was issued in response to a request for clarification from Ethics Commission Chairman Ron Goodman.

The definitions used by the commission in the new gift rules in the Administrative Code adopted in October are broader than those passed by the Legislature in House Bill 1521.

The Ethics Commission expanded the definition of lobby and lobbyist to include attempts to influence any public official, administrative rule, or regulation rather than just the Legislature and legislation.

The new rules are not intended to expand the definition of who should be required to be registered as a lobbyist.

The year 2021 will likely bring major changes to the Quebec Lobbyists Registry online lobbying activity disclosure platform.

In the works since the summer of 2019, the updated web platform aims to replace the “technological obsolescence” of the current site with a modern system, to improve the user experience, and to be in line with Quebec’s 2019-2023 digital transformation strategy, according to Lobbyists Commissioner Jean-Francois Routhier.

“The modernization of the lobbyists registry is without a doubt one of the biggest projects of our institution since its creation in 2002,” Routhier stated in his December 2020 newsletter.

A user committee made up of lobbyists, public office holders, journalists, and citizens has been testing a model of the new website to validate its user-friendliness and processes.

The commissioner has emphasized that the new website’s intuitive design, simplified process for registration, and increased capacity of searching for relevant information, are of interest to both lobbyists and the public.

Routhier says the new platform will replace the current Lobbyists Registry platform at the end of 2021.

The Commissioner of Lobbying is concluding a public input period to determine whether changes to the Lobbyists’ Code of Conduct are necessary.

From November 2 to December 11, 2020, Commissioner Nancy Belanger sought input from the public about its views and perspectives on the standards of behavior federal lobbyists should follow.

The Lobbyists Code of Conduct, which is a mandatory set of rules all registered consultant and in-house federal lobbyists must follow, was last amended in 2015.

The rules, while general in scope, include a focus on transparency, professionalism, and conflicts of interest. After input is received, the commissioner intends to create a summary of the responses and draft any amendments to the Code of Conduct. Any updated code will be referred to the House of Commons Standing Committee on Access to Information, Privacy and Ethics.

Depending on the degree of change contemplated by the commissioner, a further round of consultation may be initiated in 2021.