Lobbying

“Lobbying World” in The Hill.

Nebraska: “Special interests spent $13 million last year to influence state government” by Kevin O’Hanlon in the Lincoln Journal Star.

Campaign Finance

New Jersey: “State campaign finance agency lifts political contribution caps for independent groups” by Matt Friedman in the Star-Ledger.

Ethics

Alabama: “State officials disagree over alleged threats, conflict of interest” by Sebastian Kitchen in the Montgomery Advertiser.

Texas: “Texas passes ethics bill, but many proposed reforms are left on the cutting room floor” by Nicholas Kusnetz in The Center for Public Integrity.

Texas: “Texas Governor Vetoes Bill That Would Have Expanded Political Reporting” by Kurt Hyde in the New American.

Texas: “Searchable database of CY 2012 Texas officials’ financial statements”  by David Rauf in the Houston Chronicle.

From the State Legislatures

Nevada: “Amended annual sessions bill clears Nevada Assembly panel” by Sean Whaley in the Las Vegas Review-Journal.

Texas: “House begins work on redistricting” by Tim Eaton and Jonathan Tilove in the Austin American-Statesman.

Government Tech and Social Media

California: “Top 5 California Agencies Advancing Transparency on Twitter” by Jane Susskind in The Independent Voter Network.

Lobbying

“How Does Lobbying Buy Votes” by Karl Smith in Forbes.

Nebraska: “Is $27 million enough to buy influence in Nebraska?” by Paul Hammel in the Omaha World Herald.

Campaign Finance

“Campaign Finance Reform by a ‘Stroke-of-the-Pen’” by Paul Abrams in the Huffington Post.

Connecticut: “Despite corruption, campaign reform in jeopardy” by Brian Lockhart in the Connecticut Post.

Nevada: “Campaign transparency bill passes, albeit a watered-down version” by Conor Shine in the Las Vegas Sun.

New York: “Campaign Finance Reform Unlikely to Proceed in Albany” by Karen DeWitt in WNYC News.

Wisconsin: “Wisconsin GOP proposes far-ranging election, campaign finance reforms” by The Associated Press in The Republic.

Ethics

Texas: “Tougher ethics bill passes Texas House” by Marty Schladen in the El Paso Times.

Government Tech and Social Media

Rhode Island: “Assembly website now allows bill updates via email, live-streaming of sessions” by Randal Edgar in the Providence Journal.

Last week the Maine State Legislature passed Legislative Document 184 and over the weekend Governor Paul LePage signed it into law. Legislative Document 184 requires legislators to wait one year after their term ends before engaging in activities that would require registration as a lobbyist or lobbyist associate.

Exempted from this prohibition are those former legislators who wish to engage in lobbying activities but do not receive compensation. If a legislator does engage in compensated lobbying activities during the restricted period, he or she is subject to a $1,000 civil penalty.

The law will not take effect until the start of the 127th Legislature, which will begin in December 2014.

National:

NRA Tactics: Take no prisoners

Federal:

IRS Mess Adds to Campaign Finance Free-for-All

IRS Official Lois Lerner Placed on Leave amid Scandal

From the States and Municipalities:

Alabama – Lawmakers Vote to Lift Cap on Political Contributions by Corporations, Make Other Changes to Campaign Law

Arkansas – Arkansas Treasurer Steps Down amid Calls to Resign after Charges She Took Payments from Broker

California – California to Post Raw Campaign Filings Online Daily

Connecticut – Jury Convicts Aide to Former Connecticut House Speaker

Kansas – Kansas Lawmakers Pass Bill on Gun Lobbying

Kentucky – Richie Farmer’s Sister Resigns Post at Kentucky Registry of Election Finance

Montana – Bullock Picks New Political Practices Chief

North Carolina – Shanahan to Stop Practicing Law While He’s in Office

North Dakota – Feds Argue Coal Industry Can Legally Give to ND Regulators’ Campaigns

Texas – An Expensive Celebration, Courtesy of the Lobby

Texas – Texas House Adds Some Teeth to Political Disclosure Law

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.

Lobbying

“K Street lobbyists say their near-term priorities are scandal-proof” by Erik Wasson and Russell Berman in The Hill.

“Immigration push is bonanza for lobbyists” by Kevin Bogardus in The Hill.

“There is a lobbying organization for Superyachts” by Timothy P. Carney in the Washington Examiner.

Missouri: “Missouri’s lobbying system isn’t as open as you’d think” by Chris McDaniel in KBIA.org.

Texas: “House OKs disclosure, lobbying rules for lawmakers” by The Associated Press in the San Francisco Chronicle.

Campaign Finance

Alabama: “State debuts new electronic, searchable campaign finance filing system” by Kim Chandler in the Birmingham News.

“Calif. to post raw campaign filings online daily” by Judy Lin (Associated Press) in the San Jose Mercury News.

“Common Cause decries ‘soft money’ housekeeping ‘slush funds’” by Jimmy Vielkind in Capitol Confidential.

New Hampshire: “State’s political-spending rules fail to make the grade — again” by Brian Wallstin in NPR’s State Impact.

Ethics

“IRS hearing: Lois Lerner pleads the Fifth” by Lauren French and Kelsey Snell in Politico.

“Alaska: Lawmaker plans bill on conflict of interest rules” by The Associated Press in the Anchorage Daily News.

South Carolina: “Haley urges SC Senate to pass ethics reform” by Adam Beam in the Rock Hill Herald.

From the State Legislatures

“Minnesota Capitol scorecard — what did lawmakers do and leave undone in the 2013 session?” in the Star Tribune.

Montana Governor Steve Bullock has named a new commissioner of political practices, according to the Independent Record.

Jonathan Motl will begin service as the commissioner by June 10 to complete the final three years of a six-year term left vacant by prior unconfirmed appointees. A Senate confirmation hearing for the position will not be held until early 2015.

National:

Lax State Rules Provide Cover for Sponsors of Attack Ads

Federal:

IG Report: ‘Inappropriate criteria’ stalled IRS approvals of conservative groups

SEC Pressed to Abandon Corporate Political Spending Disclosures Petition

From the States and Municipalities:

Alabama – GOP Considers Campaign Changes While Raising Money

Alabama – The Alabama Democratic Party: “We’re broke, broke, broke”

California – Cap on Political Party Contributions Moves Forward

Hawaii – Campaign Spending and Ethics Get Tech Upgrades

Missouri – Missouri Ethics Panel Fines Ex-Sen. Wright-Jones $270,000

New Jersey – Pay-to-Play Rollback Will Get One More Volley in Bergen, Pitting County Executive vs. Freeholders

New York – Ethics Panel Criticizes Assembly’s Response to Allegations against Lopez

Tennessee – Ethics Commission to Hold Hearing on Ingram Group ‘Oversight’

Tennessee – Lobbying Still Thriving Business in Nashville

Texas – House Sends Donor Disclosure Bill to Gov. Perry

Vermont – Campaign Finance Reform Failure Means Caps on Donations Unlikely to Occur until 2016 Campaign Cycle

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.

Lobbying

“Lobbying and Contributions by High Frequency Traders” by Kent Cooper in Roll Call.

“K Street worries over spread of IRS scandal amid push for tax reform” by Erik Wasson and Peter Schroeder in The Hill.

New York: “When Campaign Aides Are Lobbyists, Questions Mount” by Ross Barkan in City Limits.

Tennessee: “Tennessee Ethics Commission to meet on Ingram lobbying case” by Andy Sher in the Times Free Press.

Campaign Finance

“SEC nears decision on requiring businesses to disclose donations” by Ben Goad in The Hill.

“States’ Seek to Limit Undisclosed Political Donations” by Matea Gold, Chris Megerian and Mark Z. Barabak in Governing.

“IRS mess adds to campaign finance free-for-all” by Byron Tau, Tarini Parti and Kelsey Snell in Politico.

“Pelosi Injects Campaign Finance Debate Into IRS Scandal” by Emma Dumain in Roll Call.

Nebraska: “Nebraska Attorney General fined $19,000 by FEC” by The Associated Press in the Beatrice Daily Sun.

Texas: “House set to send disclosure bill to Gov. Perry” by Will Weissert (Associated Press) in the Houston Chronicle.

Vermont: “Vt. lawmakers drop campaign finance reform” by The Associated Press in New England Cable News.

From the State Legislatures

Arizona: “Lawmakers to see cut in daily pay this week” by The Associated Press in the Arizona Capitol Times.

Utah: “Utah Lawmakers Back to Capitol to Prep for Next Year” by The Associated Press in KUTV News.

Washington: “Washington lawmakers return to Capitol for special session” by The Associated Press in The Oregonian.

Washington: “Washington Gov. Inslee narrows priorities for legislative special session” by The Associated in The Oregonian.

Elections

“Which States Saw Voter Turnout Jump, Decline Most Last Year?” by Mike Maciag in Governing.

Social Media

“Social Advocacy & Politics: A Virtual Political Debate Via Twitter” by Alan Rosenblatt in Social Media Today.

A bill requiring lobbyists to disclose work as campaign consultants passed in the Texas Legislature on May 9.

House Bill 1422 requires individuals registering as lobbyists with the state to include the full name and address of each person who compensates or reimburses the registrant, or person acting as an agent for the registrant, for services, including political consulting services, rendered by the registrant from:

• A political contribution;
• Interest received from a political contribution; or
• An asset purchased with a political contribution.

The legislation has been sent to Governor Rick Perry. If not vetoed, the bill will become law with or without his signature.

Q. My company is involved in an event where a meal and other gifts may be provided to public officials.  How do I know if this is permissible?

A. You must consider a number of issues any time you want to provide a gift to a public official.  In addition to consulting your company’s policies, you should answer the following questions:

• Is it a gift?  States often have exceptions to the definition of gift.  Arizona does not consider an expenditure for food, beverage, travel, or lodging to be a gift under state law.  A number of states do not consider things of value provided on the basis of a personal relationship or items of de minimis value to be gifts.
• Who is the giver?  Lobbyists are often subject to more stringent gift restrictions than non-lobbyists.  Florida prohibits any gifts from lobbyists to state officials and employees with very few exceptions.  However, if you are not registered as a lobbyist, you are permitted to give any gift if it is not given to influence any official action.  California imposes different gift limits; the limit is $10 or less per month for lobbyists and $440 or less per year for non-lobbyists.  Additional restrictions could apply if your company is a state contractor.  Connecticut does allow limited gifts from lobbyists and non-lobbyists.  However, state contractors must certify no gifts were made under certain circumstances.
• Who is the recipient?  The permissibility of a gift can depend on the branch of government or the seniority of the official or employee.  Maryland legislators may only accept food and beverage from lobbyists in very limited circumstances.  Executive branch officials may accept food and beverage if they are in the presence of the lobbyist. Delaware only restricts cabinet secretaries, division directors, and the governor’s professional staff from accepting gifts from lobbyists.

If you are anything less than 100% sure a gift is permissible, consult the state’s ethics agency.  Do not ask the official or employee involved!  He or she may not be familiar with the nuances of the state’s gift law.

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.

At any given time, more than 1,000 legislative bills, which can affect how you do business as a government affairs professional, are being discussed in federal, state, and local jurisdictions. These bills are summarized in the State and Federal Communications digital encyclopedias for lobbying laws, political contributions, and procurement lobbying, and can be found in the client portion of the State and Federal Communications’ website.

Summaries of major bills are also included in monthly e-mail updates sent to all clients. The chart below shows the number of bills we are tracking in regards to lobbying laws, political contributions, and procurement lobbying.

Lobbying

“Lobbyists Snag Top Staff Positions on Capitol Hill” by Lee Fang in The Nation.

Tennessee: “Tom Ingram faces possible fine for failing to register as lobbyist” by Tom Humphrey in the Knoxville News.

Texas: “Lobbyist transparency bill sent to Perry” by The Associated Press in the Houston Chronicle.

Campaign Finance

FEC commissioners speak: “Hard truths of campaign finance” opinion piece by Donald F. McGahn, Caroline Hunter and Matthew Petersen in Politico.

“Why Big Money Still Won in 2012” by Jonathan Backer in the Huffington Post.

Alabama: “Bill before House today repeal state limit on corporate campaign contributions; Lawmaker says it’s a ‘pretend’ cap” by Kim Chandler in the Birmingham News.

New Jersey:  “Lawmakers Get Cold Feet About Campaign Finance” by Hank Kalet in NJ Spotlight.

New York: “Carlucci, other senators study plans for campaign finance reform” by Laura Incalcaterra in the Journal News.

Ethics

New York: “Ex-lawmaker to be sentenced in NYC in fraud case” by The Associated Press in the Arizona Daily Star.

Political Advertising

“House Backs Updating Rules on Political Ad Disclosures” by Becca Aaronson in the Texas Tribune.

Government Tech and Social Media

“Ohio City Deploys 2-in-1 Email and Social Media Archiving” by Sarah Rich in Government Technology.

Procurement

“Most Top Contractors Increased Business With Federal Government in 2012” by Eric Katz in Government Executive.

Lobbying

“K Street firms fear backlash from new scrutiny of political intel work” by Kevin Bogardus in The Hill.

“Dicks joins D.C. lobbying firm” by Jim Brunner in the Seattle Times.

“Congress Members Sprinting for Money to Lobbying After Election” by Jonathan Salant in Bloomberg BusinessWeek.

Delaware: “Del. House approves lobbying reform bill” by Randall Chase (Associated Press) in the News Times.

District of Columbia: “In D.C. Circuit, Lobbyists Fight Obama Lobbying Ban” by Andrew Ramonas in the Blog of Legal Times.

Tennessee: “Lobbyist On Payroll Of Both Governor, Special Interests” by Ben Hall on WTVF News.

Campaign Finance

“RNC urges Supreme Court to strike campaign-finance limits” by Sam Baker in The Hill.

“SEC Considering New Rule for Political Contributions by Public Companies” on PBS Newshour.

Arizona: “Senate lawmakers move to overhaul public financing” by The Associated Press in the Arizona Daily Sun.

Colorado: “Colorado Supreme Court hears 1st Amendment challenge to campaign finance law” by Matt Arnold in the Examiner.

New York: “Public Hearing in Albany Is Held Without the Public” by Thomas Kaplan and Jesse McKinley in The New York Times.

Vermont: “House OKs cap on donations to super PACs” by Peter Hirschfeld in the Rutland Herald.

Ethics

North Carolina: “9 Investigates: Needed changed in NC Ethics Commission operations” by Jim Bradley on WSOC TV News.

South Carolina: “SC Senate panel advances ethics reform” by Seanna Adcox (Associated Press) in the Spartanburg Herald-Journal.

Open Data

“A New Home for Data on Politics and State Governments” by Sarah Lai Stirland in TechPresident.

Governor Nathan Deal signed two pieces of ethics legislation aimed at increasing public confidence in state government on May 6, 2013. House Bill 142 restores rulemaking powers to the Georgia Government Transparency and Campaign Finance Commission, clarifies and modifies classification as a lobbyist, and sets a gift limit of $75 per lobbyist gift.

House Bill 143 requires more campaign transparency for local races and allows for public notice of any campaign contributions given to members of the General Assembly leading up to the start of the legislative session. The bills become effective January 1, 2014.