NORTH CAROLINA: Wake County Superior Court Judge Paul Ridgeway has cleared former lobbyist Don Beason of misconduct, finding parts of North Carolina’s lobbying reform law are ambiguous as applied and the secretary of state overreached in fining Beason.

The court held that Beason does not have to pay the $30,000 fine imposed on him. Secretary of State Elaine Marshall fined Beason a record-setting $111,000 in 2010, an amount that was later reduced, for failing to make required disclosures about companies he was representing.

Judge Ridgeway stated North Carolina law defines a lobbyist as someone who communicates directly with legislators or their employees, but there was no evidence Beason directly contacted anyone on behalf of the companies he represented. Additionally, because the law gave the state ethics commission the authority to interpret the act and the secretary of state the power to administer it, Marshall overstepped her authority in interpreting the act and fining Beason.

Lobbyists wishing to lobby in any of Palm Beach County, Florida’s 38 cities will soon be subject to a countywide lobbyist registry, as approved by the Palm Beach County Board of County Commissioners at their most recent meeting.

Lobbyists will be required to pay $25 to register the names of their clients, while also being required to submit annual expense reports. There will also be limits on gifts from lobbyists.

A city may opt out of the countywide registry, but then must create its own registry.

Photo of Palm Beach by Michael Kagdis on Wikipedia.

Read the full story in “Evans regains top lobbying spot in Annapolis” by John Wagner in the Washington Post.

Here is a list of the top 135 lobbyists in compensation in Maryland by the State Ethics Commission.

The City of Philadelphia Board of Ethics has provided interim paper registration forms and instructions for lobbyists, lobbying firms, and principals to be used until an online registration and reporting system is completed.  The registration forms allow filers to fill-in information before printing.

The board reminds filers that registration is not complete until a form is printed, signed, and mailed or delivered to the board of ethics with the registration fee.

Registration must occur within ten days after both the commencement of lobbying and the exceeding of thresholds.  However, no event occurring prior to January 3, 2012 is relevant to determining the thresholds, registration date, or expense reporting.

The city of Pembroke Pines, Florida passed a lobbyist registration ordinance at the most recent city commission meeting. The ordinance requires lobbyists to register with the city clerk prior to engaging in lobbying activities.

Registration will be required annually and lobbyists must pay a registration fee of $50. Lobbyists will also be required to complete a contact log to document meetings with members of the city commission or members of other decision-making bodies under the jurisdiction of the city commission.

The ordinance was passed in response to Broward County’s new code of ethics, which extends the county’s code of ethics to all municipalities within the county. Lobbyists will be required to begin registering on January 2, 2012.

Map of Florida by Bastique on Wikipedia.

Federal:

FEC Quashes New Disclosure Rules

Super PACs: The bad cops of 2012

From the States and Municipalities:

Alaska

Pebble Opponent Fined for Flying Candidates to Villages

Arizona

Arizona Prosecutor Won’t Charge Politicians Who Took Free Tickets, Trips from Fiesta Bowl

California

California Lobbyists Write Checks to Legislators Running for Congress

Colorado

Gessler, Lawmakers Clash on Campaign Finance Deadlines

Connecticut

Draft Report Renews Fears about Watchdogs’ Autonomy

District of Columbia

D.C. Council Overhauls Ethics Laws

Illinois

Donor to Madison County Judge Says Contribution Looks Bad, But Isn’t

Kentucky

Ex-Lobbyist Jack Abramoff to Speak at Kentucky Legislative Ethics Session

Maryland

Baltimore County Council Scales Back, Passes Ethics Reform Bill

Utah

Utah Lawmaker Resigning Due to Fundraising Ban

Washington

Firm Agrees to Big Fine over Tactics in Political Campaign

Wisconsin

State Elections Board Should Be Replaced, Assembly GOP Leader Says

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.

For full news coverage of the group’s statement, read “Trade group says Abramoff shouldn’t teach ethics” by Catalina Camia in USA Today.

According to the article: “To have a state-run, government ethics commission give this ex-con a paid platform sends the public the wrong message about the Kentucky Legislature,” Howard Marlowe, president of the American League of Lobbyists, said in a statement. “I doubt that many of the lawmakers will want to have their picture taken with this crook.”

Here is the League’s press release on Scribd.

Q:  I’m a registered lobbyist in many different states.   I’ve noticed some states have badge requirements.  Am I really required to wear a badge? 

A:  The 2012 registration season is upon us.  As legislative sessions commence in various states, it is important to take stock of your various lobbyist registration requirements.   As you probably know, it is important to timely file your registration renewal.  However, there are other auxiliary requirements you must mind before you step onto capital grounds, such as your jurisdiction’s training and badge requirements.

The short answer to your question is a resounding yes—in some jurisdictions, wearing your badge is required to engage in lobbying activity.  In some states, you are unable to complete your registration, or file lobbyist disclosure reports unless you pick up your name badge.   Some states may require a personal visit to have your picture taken.  For example, in Georgia, upon initial registration, you must visit the Georgia Government Transparency and Campaign Finance Commission to have your photo taken for your badge.  For quick reference, here is a list of states where badges and/or name tags are required:

• Connecticut
• Georgia
• Kansas
• Maine
• Missouri
• North Dakota
• New Hampshire
• New Jersey
• Nevada
• Pennsylvania
• Rhode Island
• South Dakota
• Wyoming

However, in some jurisdictions, although wearing a badge is encouraged, it is not absolutely required.  These states include Colorado, Illinois, Louisiana, Mississippi, Tennessee, and West Virginia.

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.

The bill, HB1080, also includes strict limits on campaign contributions and a ban on legislators working as political consultants.

Kander believes the gifts, along with six-figure campaign donations, allow special interests to gain improper influence.

The bill would limit campaign contributions to $500 for House races, $1,000 for the Senate and $2,000 for statewide elections.

The Baltimore Sun reported that lobbyist Bruce Bereano has settled the ethics case with the Maryland State Ethics Commission by agreeing to pay a $2,750 fine.

For the full story read “Bereano settles ethics charges for $2,750” by Michael Dresser.

Federal:

Gingrich, Romney Campaigns Count on Lobbyists to Pay the Bills

Occupy D.C. Protesters Shut Down K Street

Stephen Colbert Gets Love at FEC

From the States and Municipalities:

Alabama

Alabama Ethics Law Limits What Students Can Give Teachers; Homemade Cookies OK, Hams Not Allowed

California

California Ethics Agency Relaxes Rules on Gifts to Politicians

California

Watchdog Agency Fines Former Pinole Councilman $111,500 for Ethics Violations

District of Columbia

D.C. Council Tentatively Approves Ethics Reform Bill

Georgia

Fines Levied on Georgia Politicians Reported Reduced Because of Notification Costs

Illinois

Blagojevich Hit with 14-Year Prison Sentence

Maryland

Jack Johnson, Former Prince George’s Executive, Sentenced to Seven Years in Corruption

Maryland

Rule Would Allow Campaign Donations by Text Message

Minnesota

Minnesota Ads Discussing Gay Marriage Approved For Less Financing Disclosure

Missouri

Missouri Politicians Enjoyed World Series Thanks to Lobbyists

Vermont

Vermont Court Imposes $10,000 Penalty in Campaign Finance Suit

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.

CLARK COUNTY, NEVADA: The Clark County commissioners passed a new lobbying policy on December 6, 2011.

The policy permits county commissioners who are public employees to return to their public jobs immediately after serving in an elected position.

The ethics amendment also prohibits commissioners from working as paid consultants or lobbyists on any issue coming before a public body in Clark County.

Newt Gingrich claims he was not lobbying after he left public office. The charge by some that he was lobbying – and Gingrich’s response – has raised issues regarding whether one can tell the difference between a lobbyist and someone engaged in non-lobbying advocacy.

Read more about it in this Reuters article, “Gingrich’s work shows limits of U.S. lobbying law” by David Ingram.

Also: “Gingrich Says He Was Acting as a Citizen, Not a Lobbyist” by Jim Rutenberg in the New York Times.

Photo of Newt Gingrich by Gage Skidmore on Wikipedia.

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.