Lobbying

Georgia: “Ga. Senate expected to unveil lobbying rules” by The Associated Press in WSAV TV.

Indiana: “Purdue moving to trim its federal lobbying costs” by The Associated Press in the Indianapolis Business Journal.

Ethics

Arizona: “Campaign-finance case against Horne recommended for dismissal” by Lindsey Collom and Craig Harris in the Arizona Republic.

Georgia: “Ethics reform at critical juncture” Chris Joyner and Kristina Torres in the Atlanta Journal-Constitution.

New Jersey: “N.J. Politics Roundup: House committee investigates Andrews over spending” by Brent Johnson in the Star-Ledger.

Rhode Island: “R.I. ethics panel mulls statute of limitations on complaint filings” by Karen Lee Ziner in the Providence Journal.

Elections

Ohio: “Ohio House panel OKs elections bill” by Michelle Everhart in the Columbus Dispatch.

Procurement

Iowa: “Iowa businesses would get preference on state contracts under bill approved by Iowa Senate” by William Petroski in the Des Moines Register.

From the State Legislatures

“State Legislative Leaders Gather in Washington” by  Jon Kuhl in NCSL’s The Thicket.

Term Limits

Texas: “Senate votes to let voters decide on term limits for statewide officeholders” by Mike Ward in the Austin American-Statesman.

Lobbying

“K Street Files: FTI Consulting Snaps Up C2 Group” by Kate Ackley in Roll Call.

California: “California cities, counties find funds to hire Capitol lobbyists” by Anthony York in the Los Angeles Times.

Georgia: “Ga. senators to debate House plan to limit lobbyist spending; end-of-session drawing near” by The Associated Press in The Republic.

New York: “Artists Against Fracking May Not Be Registered As New York Lobbying Group, AP Reports” by Michael Gormley in the Huffington Post.

Campaign Finance

Connecticut: “The ‘Ernie Newton’ campaign finance ban moves forward” by Ken Dixon in the Connecticut Post.

Las Cruces, New Mexico: “Las Cruces council refines proposed campaign finance ordinance” by Steve Ramirez in the Las Cruces Sun-News.

Vermont: “Vermont Senate’s campaign finance bill: many find something to like” by Nancy Remsen in the Burlington Free Press.

Ethics

“Reps. Andrews, Young to be investigated by House Ethics panel” by Jordy Yager in The Hill.

Florida: “Coalition calls for ethics improvements” by Bill Cotterell in the Florida Current.

Kentucky: “Richie Farmer could be fined $210,000 over 42 ethics violations” by Tom Loftus in the Courier-Journal.

Rhode Island: “Common Cause web site counts days, hours since ethics vote quashed” by Katherine Gregg in the Providence Journal.

From the State Legislatures

“2012 Election Legislation: National Summary” on NCSL.org.

Social Media

New Mexico: “Social media plays a bigger role in leg session” by Julie Ann Grimm in the Santa Fe New Mexican.

Yesterday a bill was introduced into the Nevada Assembly establishing for lobbyists both a mandatory code of ethics and voluntary rules of conduct. The code of ethics addresses inaccurate information given to members of the Legislature and conflicts of interests with clients.

In addition, the code of ethics in Assembly Bill 0314 specifically addresses lobbyist contracts, including requiring compensated lobbyists to enter into a written contract with clients spelling out the amount of compensation, and requiring the contract to include provisions concerning whether and how, if applicable, expenses of the lobbyist will be reimbursed.

The bill creates a “Rules of Conduct” statement to be given to a lobbyist upon registration. The lobbyist may voluntarily sign the statement if he or she wishes. Additionally, the legislation requires the Director of the Legislative Counsel Bureau to provide training on the Nevada Ethics in Lobbying Act before each regular and special session of the Nevada Legislature.

AB 0314 would also require the suspension of a lobbyist’s registration for certain violations and sets forth the periods for which a lobbyist’s registration must be suspended.

Lobbying

“Street Talk: K Street Hiring Chill Leaves Members Cold” by Kate Ackley in Roll Call.

“Former Rep. Rehberg joins K Street firm” by Kevin Bogardus in The Hill.

Georgia: “House lobbyist gift ‘ban’ has loopholes” by Chris Joyner in the Atlanta Journal-Constitution.

Campaign Finance

“Russ Feingold on the Path to Campaign Finance Reform” by John Light on BillMoyers.com.

“Former Fla. Dem candidate pleads guilty to campaign finance fraud, claims he was ‘used’” by Megan R. Wilson in The Hill.

New York: “Eyes On Albany As State Considers Campaign Finance Changes” by The Associated Press in WHAM ABC News.

Ethics

“Lawmakers add relatives to campaign payrolls” by Fredreka Schouten and Christopher Schnaars in USA Today.

“Conflicts of interest run rampant in state legislatures” by Nicholas Kusnetz in The Center for Public Integrity.

“A year in prison, Rod Blagojevich in good spirits” by Mackenzie Weinger in Politico.

Florida: “Gaming committee chairman relies on flights from gaming lobbyist for travel to Tallahassee” by Mary Ellen Klas in the Miami Herald.

Minnesota: “Minn. Judges May be Required to Reveal Financial Ties” by Nick Winkler in KAAL TV ABC News.

Open Government

Missouri: “Push for exemptions adds to debate over Missouri’s open-records law” by Chris Blank in the Kansas City Star.

Vermont: “Vermont Senate advances open-records bill” by Nancy Resmen in the Burlington Free Press.

Lobbying

“Howard Berman signs up for K Street job” by Tarini Parti in Politico.

“K Street Files: Under Attack, Gamers Add In-House Lobbyists” by Kate Ackley in Roll Call.

“K Street lobbyists leap to the planet’s defense after asteroid scare” by Kevin Bogardus in The Hill.

Campaign Finance

Utah: “Legislature to change law on who probes campaign violations” by Robert Gehrke in the Salt Lake Tribune.

Vermont: “Vermont Senate panel delays vote on campaign finance” by Dave Gram in the Burlington Free Press.

Ethics

“Florida Official Resigns in Wake of Gambling Probe” by Cameron McWhirter and Ana Campoy in the Wall Street Journal.

“Fla. charity probe to next focus on campaign money” by Mike Schneider and Gary Fineout in the Miami Herald.

Open Government

“Oversight panel pushes for transparency” by Eric Martinson in Politico.

Kansas: “Senate committee discusses changes to ‘open records’ law” by Stevi Wilson in the Lawrence Journal-World.

North Carolina: “How to bring more sunshine to the NC legislature” by John Frank in the News & Observer.

Procurement

Iowa: “Panel told of revised process for equipment procurement” by Jason Noble in the Des Moines Register.

Legislative Issues

Kentucky: “Ky. lawmakers approve 107 bills during first 28 days of legislative session” by Jack Brammer in the Herald-Leader.

Montana: “Montana lawmakers consider longer term limits” by The Associated Press in the Billings Gazette.

Redistricting

Wisconsin: “New court filing: Documents were deleted from GOP redistricting computers” by Patrick Marley in the Milwaukee Journal Sentinel.

Lobbying

“Scott Brown joins law and lobby firm” by Kevin Bogardus in The Hill.

“Bottom Line” in The Hill.

“Former US Rep. Jerry Costello opens lobbying firm” in the Pantagraph.

Florida: “Senator backing lobbyist restrictions is lobbyist himself” by Aaron Deslatte in the Orlando Sentinel.

Campaign Finance

“What it costs to win a Congressional election” by Jon Terbush in The Week.

Florida: “Senate’s campaign finance compromise creates mega PACs” by Mary Ellen Klas in the Miami Herald.

Nevada: “Bill seeks tighter Nevada campaign reporting laws” by The Associated Press in the Las Vegas Sun.

Wisconsin: “Campaign spending in Wisconsin more than triples” by Jason Stein in the Journal Sentinel.

Ethics

“FEC: Larry Craig Misused Campaign Funds for Personal Legal Expenses” by Mike Scarcella in The Blog of Legal Times.

Utah: “Executive branch ethics bill advances in Utah” by Lee Davidson in the Salt Lake Tribune.

Open Government

Thank you, Eric Brown and the Political Activity Law blog for reminding us that this week is Sunshine Week!

Legislative Issues

“Report: Members of Congress Happy With Their Jobs” by Emma Dumain in Roll Call.

Alaska: “Alaska Legislature Celebrates its Centennial, Creates Commission to Recognize First Territorial Legislature” by  Morgan Cullen in NCSL’s The Thicket.

Lobbying

“K St. ready for cybersercurity cash grab” by Kevin Bogardus in The Hill.

“Under Contract” in The Hill.

Illinois: “Lobbying push at Capitol as gun issue looms” by Rafael Guerrero in the Chicago Tribune.

Pennsylvania: “Gov. Tom Corbett may be open to a gift ban, spokeswoman suggests” by Jan Murphy in the Patriot-News.

Texas: “Watchdogs: Ethics Loopholes Obscure Lobby Perks” by Jay Root in the Texas Tribune.

Campaign Finance

Colorado: “David Sirota Moderates Discussion On Campaign Finance Reform, Democracy In Colorado” by Matt Ferner in the Huffington Post.

Ethics

California: “STATE LEGISLATURE: Area lawmakers given gifts, trips in 2012” by Jim Miller in the Press-Enterprise.

Florida: “Florida House bridles at Senate’s proposed ethics reforms” by Dara Kam in the Palm Beach Post.

Florida: “Matt Reed: Something to cheer, for a change, as Legislature opens” by Matt Reed in Florida Today.

Hawaii: “Hawaii Legislators Exempt Themselves from State Ethics Code” by Barbara Polk in the Hawaii Reporter.

Lobbying

“K Street Files: Both Sides Rev Up for Wage War” by Elizabeth Newlin Carney in Roll Call.

“K Street’s gravy train runs dry as Georgian leaders move past election” by Kevin Bogardus and Julian Pecquet in The Hill.

“Former Sen. Jon Kyl joins lobby shop at Covington” by Catherine Ho in the Washington Post.

New York: “Best-paid lobbyists, spenders unveiled” by Chris Bragg in Crain’s New York.

Pennsylvania: “Pa.’s Corbett and wife disclose gifts from lobbyists and businesses” by The Associated Press in the Pittsburgh Post-Gazette.

Pennsylvania: “Corbett’s acceptance of gifts give rise to calls for laws on gift bans” by Jan Murphy in the Patriot-News.

Campaign Finance

“Study shows Super PACs made mockery of campaign law” by Taylor Lincoln in The Hill.

Arizona: “Arizona senate approves contribution limits to recall campaigns” by Howard Fischer in the East Valley Tribune.

Kentucky: “Ky. House passes bill to publicly finance state SC races” by Jessica M. Karmasek in Legal Newsline.

Ethics

Florida: “Florida lawmakers vote for ethics and early voting changes” by Mary Ellen Klas in the Tampa Bay Times.

Legislative Issues

Missouri: “Mo. House endorses change to term limits” by The Associated Press in the News Tribune.

South Dakota: “SD Senate approves boost in expenses for lawmakers” in the Rapid City Journal.

Open Government

“Sen. Del Marsh says GOP committee members did not violate Open Meetings Act” by Mike Cason in the Birmingham News.

Redistricting

Kentucky: “House redistricting plan would create new Lexington district” by Jack Brammer and Beth Musgrave in the Lexington Herald-Leader.

This year’s push for ethics reform in several state legislatures could not happen fast enough for some elected officials. Georgia’s Senate and Missouri’s Secretary of State, Jason Kander, decided on day one to take matters into their own hands by adopting new gift rules for their respective offices.

The Georgia Senate imposed a $100 limit on gifts from lobbyists. Senators approved the gift cap on the opening day of the 2013 General Assembly session as part of new rules governing the chamber’s operations for the current two-year term. The new rule does not apply to travel costs or to gifts provided to groups of senators, including committees. The rule does allow lobbyists to give $100 gifts on multiple occasions. Meanwhile, House Speaker David Ralston has unveiled an ethics reform bill aimed at expanding the definition of a lobbyist and restricting lobbyist gifts. House Bill 142 would ban even the smallest expenditure of a lobbyist if for the benefit of a single member of the General Assembly. Lobbyists would still be permitted to spend on committees, caucuses, and expenses to public officers for trips to conferences and meetings.

Missouri Secretary of State Jason Kander, sworn in on January 14, 2013, announced a new ethics policy as part of his “Day 1 Achievements.” The new policy prohibits the staff in his office from accepting gifts from lobbyists. State administrative policy already curtails what state employees may accept from lobbyists, but agencies are free to adopt stricter guidelines. Additionally, Missouri’s House and Senate are both considering bills to curb lobbyist spending. House Bill 139 would prohibit General Assembly members, family, and staff from accepting more than $1,000 per calendar year from lobbyists. Senate Bill 181 would prohibit statewide elected officials, legislators, staff, employees, and family from accepting gifts over $50 from a lobbyist.

Q. I have been asked to testify before a committee of the state legislature regarding a pending or potential bill. Is this considered lobbying activity?

A. As is usually the case, the answer will vary drastically depending on the state in question. In this specific situation, there are at least three variables to consider when evaluating this question:

1. Is testimony excluded from the definition of lobbying? In many states, providing information, participating in a meeting, or otherwise communicating at the request of a public official is specifically excluded from the definition of lobbying. This is true even if the information will potentially influence legislation, as long as the contact was initiated by the state. In these jurisdictions, a person may be asked to testify about a topic as an industry expert without being subject to lobbying laws. For instance, in Colorado, a person who is not otherwise registered as a lobbyist, but provides information at the request of public officials is not required to register and report. Iowa has a similar exception for people providing testimony or information at the request of a public official.

2. Is the communication before a public committee? Often, participation at a public meeting or proceeding or otherwise testifying on the public record is excluded from lobbying laws. Delaware’s exemption is a good example of a state allowing for testimony at a public hearing without lobbyist registration. Likewise, Connecticut has an exception from its definition of lobbyist for those who are not hired specifically to lobby and whose appearances are limited to public testimony.

3. Is there a pending bill before the legislature? Finally, it may be important to determine whether there is an actual bill pending before the legislative body in question, or if the putative lobbying communication is only regarding potential legislation. Certain states only regulate attempts to influence legislation that has already been introduced. North Dakota is a good example of this point. In order to be considered a lobbyist, a person must be attempting to influence a live bill. An individual does not need to register as a lobbyist for attempting to influence a potential bill.

There are very few concepts, rules, or guideless applicable to all states, and accordingly, situations like this must be examined on a case-by-case basis. For specific guidance, please contact a member of the State and Federal Communications compliance department.

(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.

Lobbying

“Lobbyists fear shakedown if Supreme Court lifts campaign contributions cap” by Kevin Bogardus in The Hill.

Ohio: “Top of the List: Biggest lobbying spenders” by Evan Weese in Business First Columbus.

Campaign Finance

“Money in politics?” by The Associated Press in the News Tribune.

Montana: “Montana House backs increasing contributions to political candidates” by Charles S. Johnson in the Missoulian.

Ethics

“State spends $34,000 so far defending Gessler in ethics probe” by Patrick Malone in The Coloradoan.

Open Government

“Sunlight on States” by Pam Greenberg on NCSL’s The Thicket.

Nebraska: “Bill to provide reasonable access to public records advances” by JoAnne Young in the Lincoln Journal Star.

New Mexico: “Transparency bills make progress in Legislature” by Steve Terrell in the Santa Fe New Mexican.

South Dakota: “Legislature: Senate panel restores ‘crippled’ open-meetings bill” by David Montgomery in the Argus Leader.

The House of Representatives has passed ethics legislation to bar lobbyist gifts to individual lawmakers and enact new rules on lobbyist registration.

House Bill 142 passed 164-4 on Monday, February 26, 2013 and now goes to the Senate.

Critics hope the Senate provides a limit for the gift ban exceptions, which allow for unlimited gifts to groups of legislators such as committees and caucuses.

Good morning, everyone! We are excited to announce that we are launching a new LinkedIn group called Government Relations Compliance.

If you have a LinkedIn account, this is a great place to discover what your colleagues are talking about. Find out how they are solving the challenges in complying with government rules and regulations for lobbying, grassroots lobbying, political contributions, and procurement.

Join the conversation!

Lobbying

“Lobbyists Use Campaign-Style Opposition Research to Turn Tables on Rivals” by Kate Ackley in Roll Call.

“Data mining is new lobbying gold” by Byron Tau in Politico.

“First ladies, first lobbyists?” by Kristin Donnelly in MSNBC.

Arizona: “Arizona senators look to revamp lobbying gift ban” by The Associated Press in the Arizona Daily Sun.

Colorado: “Colorado gun-control bills draw no big lobbying money — yet” by Karen E. Crummy in the Denver Post.

Florida: “Legislative lobbying hit $123 million last year” by Travis Pillow in the Tallahassee Democrat.

Georgia: “Vote possible on proposed Ga. lobbying rules” by The Associated Press in the Daily Citizen.

Kansas:  “Lobbyists vouch for bill to increase spending limits” by Andy Marso in the Topeka Capitol-Journal.

Nebraska: “Senators want to stop lobbyist contributions during session” by Kevin O’Hanlon in the Lincoln Journal Star.

Philadelphia, Pennsylvania: “Nutter asks Ethics Board for ruling on city lobbying regs” by Jan Ransom in the Philadelphia Inquirer-Daily News.

Campaign Finance

“Watchdog groups warn of fundraising scandal in Obama second term” by Alexander Bolton in The Hill.

Alaska:  “Democratic proposal seeks campaign finance change” by The Associated Press in the Anchorage Daily News.

California: “Proposal would repeal limits on campaign contributions in California” by Patrick McGreevy in the Los Angeles Times.

New York: “Public Forum Discusses Campaign Finance Reform” by Adam Littman in the Nanuet Patch.

New York:  “Republican candidate George McDonald tries an unusual path to New York’s mayoralty: the brazenly defiant fundraising scofflaw” by Jonathan Lemire in the Daily News.

Ethics

Colorado: “Ethics commission delays release of Gessler probe once again” by Tim Hoover in the Denver Post.

Florida: “Michelle Anchors appointed to Commission on Ethics” by Tom McLaughlin in the NWF Daily News.

North Carolina: “Lawmakers’ economic interests not easily tracked” by Mark Binker in WRAL.

Oklahoma:  “New Ethics Commission director eyes reforms” by James Coburn in the Edmund Sun.

Knox County, Tennessee:  “Panel to examine ethics commission makeup, scope of investigative powers” by Mike Donila in the Knoxville News-Sentinel.