He has appeared in a 60 Minutes interview, saying whatever ethics reform measures may be set in place to control the buying of influence, lobbyists will find new ways to get around it.

Here is the CBS interview, “Lobbyists can skirt ethics reform, says Abramoff.”

The Hill covers the story in “Abramoff divulges K Street secrets” by Kevin Bogardus.

Today’s Birmingham News offers an article by Kim Chandler, “New Alabama ethics law sweeps in culture shift for capital lobbyists,” which describes how lobbying techniques in the state have changed since the ethics law was passed. Chandler also considers the views of those whose businesses have suffered in the capitol as a result of those changes.

“Ten months after the Alabama Legislature approved the new ethics law capping lobbyists’ spending, the culture is different in Montgomery, said several legislators. There are no more free tickets, golf outings, social trips or nightly one-on-one dinners with lobbyists.”

Photo of the Alabama State Capitol building by Jim Bowen on Wikipedia.

The Federal Election Commission (FEC) will no longer prohibit nonconnected political committees from accepting corporate and labor organization contributions, provided the political committee maintains and deposits those contributions into separate bank accounts.

The Commission will also not limit the amounts permissible sources can contribute to such accounts.

In an statement released by the FEC, it stated, consistent with its agreement to a stipulated order and consent judgment in Carey v. FEC, it would no longer enforce 2 U.S.C. §§ 441a(a)(1)(C) and 441a(a)(3), as well as any implementing regulations, against any nonconnected political committee with regard to contributions from individuals, political committees, corporations, and labor organizations under certain conditions.

A single committee may now contribute directly to candidates and political committees, and make independent expenditures, separating the funds only by using two separate bank accounts. The committee must maintain the statutory limits on the solicitation of funds used for direct contributions while it may simultaneously seek unlimited funds for use in their independent expenditures.

The FEC intends to develop new regulations and amend its reporting forms. Until that time, the Commission says committees should follow the procedures the FEC outlines in its current statement, which is located here.

This post follows up  previous articles by George Ticoras, “FEC Agrees Not to Enforce Some Laws Against NDPAC” and “One PAC Is Enough.”

An ethics reform bill heralded this summer by Massachusetts House Republicans has been blocked.

The Democratic-controlled house voted 116 to 34 today against a motion allowing House Bill 3718 out of committee for a full vote. Among the changes in the bill are the requirement lobbyists wear badges identifying themselves as such, contribution restrictions for house members, and the prohibition of house members and their staff from contacting public entities regarding pending procurement decisions.

The reform measure arose as a response to the conviction this summer of former house speaker Salvatore DiMasi on seven counts of corruption.

This post follows up a previous article by George Ticoras, “New House Ethics Rules Proposed for Massachusetts” from June 23.

Photo of the Massachusetts Statehouse by Fcb981 on Wikipedia.

Registered federal lobbyists may not serve on any boards, commissions, or similar groups created by the President, the Congress, or an Executive Branch department or agency, the Office of Management and Budget (O.M.B.) has affirmed.

The O.M.B. issued its Notice of Final Guidance detailing, in a question and answer format, the limitations of federal lobbyists’ service on federal boards and commissions. The policy does not apply to full-time federal employees, state lobbyists, or employees of organizations that engage in lobbying activities. If an appointment is made pursuant to statutory authority or presidential directive by Congress or state governors, the O.M.B. encourages the appointments to be made to individuals who are not federally registered lobbyists whenever possible.

The O.M.B. policy was created at the directive of a June 18, 2010 Presidential memorandum “Lobbyists on Agency Boards and Commissions.” Federal lobbyists on boards and commission as of June 18, 2010 may serve out the remainder of their terms.

The O.M.B.’s final guidance will be effective 30 days from issuance in the Federal Register.

State Senator Lou Correa is planning to introduce legislation that would make members of the public who are appointed to serve on boards subject to the state’s revolving door provision.

The legislation would require that all board members wait 12 months after terminating board service before lobbying their former colleagues.

Photo of the California Senate chamber by David Monniaux on Wikipedia.

NCSL’s blog The Thicket at State Legislatures put up a post yesterday that discusses where legislators turn in order to get information to help them make public policy decisions.

The blog cites two sources of information and makes a comparison. The first source is a survey by NCSL, the Council of State Governments, and the State Legislative Leaders Foundation from 2002. The second source is a book called Power, Knowledge, and Politics: Policy Analysis in the States by John Hird from 2005.

The two surveys approached the question in different ways, but according to the blog post, they came up with the same rankings. Take a look at this chart, which summarizes it with bar graphs. Interest groups and lobbyists appear in eighth place on the list.

Only lobbyists in Alaska who are constituents in a state candidate’s newly certified district may donate to a candidate’s campaign, an Advisory Opinion from the Alaska Public Offices Commission has declared.

Because a lobbyist residing in a candidate’s district may contribute to a candidate, Representative Bob Lynn requested an opinion regarding whether a lobbyist in his current district could donate to his campaign when he or she may not be a constituent in his proposed new voting district.

Advisory Opinion 11-14-CD concludes candidates “will only be able to accept donations from lobbyists residing in the new district.”

Presently, only candidates for the proposed new districts, and not the current districts, are being certified by the Division of Elections. In its analysis, the Advisory Opinion also articulates, “Whether or not a lobbyist resides in the candidate’s district is determined on the day the contribution is accepted.”

On Monday, the American League of Lobbyists (ALL)  made a statement against a new Obama administration proposal restricting lobbyists’ gifts to executive branch employees. It would also restrict those employees’ attendance to certain events sponsored by lobbyists, companies, and organizations.

Howard Marlowe, president of the organization, states: “The American League of Lobbyists strongly objects to this proposed rule and asks that it be withdrawn immediately. The Administration has offered no reports of even a single abuse of its current regulations to warrant the severe restrictions it has proposed on the mutual flow of information and expertise between lobbyists, their employers, and Federal workers.”

Here is a draft summary of the Obama administration’s proposed rule.

The “Lobbying in the News” page for ALL lists these three articles covering the news:

• “Lobbyists object to Obama proposal that would tighten rules for federal workers,” by T.W. Farnam in the Washington Post.
• “Lobby league opposes Obama rule,” by Anna Palmer and Dave Levinthal on the Politico Influence page.
• “Lobbyists’ group objects to new rule banning gifts to all federal employees,” by Kevin Bogardus in The Hill.

You can keep up with the latest discussions on the American League of Lobbyists Twitter feed (@LobbyistsLeague).

Q. I’m registered as a legislative lobbyist in Indiana.  How should I keep track of reportable expenditures for my upcoming report due in November?

A. The Indiana Lobby Registration Commission (ILRC) is currently in the process of reviewing the reporting guidelines for lobbyist expenditures and gifts.  As fall kicks off and the November reporting deadline will soon be upon us, it is important to review key reporting changes.

Specifically, the ILRC does not consider a meal expenditure on behalf of a legislator to be a gift, but instead, an entertainment expenditure, as long as the lobbyist is present when the meal is consumed.  Per the ILRC’s reporting guidelines, please make sure you save an itemized receipt outlining the exact cost of the meals associated with reportable legislators.  Here are some important things to remember regarding entertainment expenditures, including meals:

•  When determining how much to attribute to a particular legislator, only direct costs must be associated with the legislator.   Unlike most states, determining a pro-rata cost of an official’s meal by dividing the bill by the number of people present is not permissible.  Instead, you must save an itemized receipt, and attribute only the amount of the specific items ordered for that particular legislator.  Tax and tip must be appropriately allocated as well.

• If you are not present when making an expenditure, this qualifies as a gift, and is subject to special reporting guidelines.  Starting with this reporting period (form was not developed until late April), a gift report must be submitted if a gift is given to a legislator equaling $50.00 per day, or $250.00 in the aggregate.   This report is due 15 business days after the gift is given.  A copy must be sent to the legislator who is named in the report.  Moreover, informed prior consent must be obtained from the legislator before the gift is given.

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 Philadelphia Board of Ethics has approved proposed regulations that define lobbying activity and describe how lobbyists must register and report expenditures.

If the regulations are approved by the Law Department, they could become effective in early October. A previous board decision to provide a 30 day grace period would not require lobbyist registration until November.

Additionally, registration could begin only when the board has an online registration system in place.  Shane Creamer, executive director of the board, stated he hoped the online registration system would be ready in November.

Federal:

New Rule Would Expand Tight Obama Lobbying Rules to All Federal Workers

‘Revolving Door’ of Employment between Congress, Lobbying Firms, Study Shows

Without Scandal, Lobby Reform Stalls

From the States and Municipalities:

Colorado

Gessler to Help Raise Cash to Pay off GOP Fine

Delaware

Social Media Policy Rejected

Kentucky

Gubernatorial Candidates Back ‘No Cup of Coffee’ Rule

Massachusetts

Disgraced DiMasi Is Given Eight Years

Montana

Conservative Groups File New Lawsuit over Montana Election Laws

New Jersey

Report: Serious flaws in N.J. ‘pay-to-play’ law

New York

Former Hospital Chief Convicted of Offering Bribes to Albany Legislators

North Carolina

Groups Seek to Overturn N.C. Campaign Spending Law

South Dakota

Ethics Rules for State Workers Weak, Critics Say

Texas

Anita Perry’s Salary Comes Indirectly from Governor’s Backers

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.

Jim Sedor is editor of News You Can Use.

Elizabeth Bartz, President and CEO of State and Federal Communications, as well as Compliance Associates Myra Cottrill, Steve Quinn, Rebecca South, and George Ticoras will be attending the Practising Law Institute’s Live Seminar, Corporate Political Activities 2011: Complying with Campaign Finance, Lobbying & Ethics Laws, that is to be held in Washington D.C. September 8 and 9.

This seminar will provide information covering topics such as the aftermath of Citizens United, state and federal pay-to-play laws, state lobbying, gift and campaign finance laws and enforcement, FEC rulemakings and litigation, FEC hot topics, and, among other things, recent civil and criminal enforcement cases, policies and sentencing guidelines.

The Kentucky Legislative Ethics Commission has issued recommendations to reform the state code of ethics.

The Commission has recommended repealing the provision allowing lobbyists to spend $100 annually on food and beverages for each legislative official and their respective families.

Further, the Commission has recommended that candidates for the state legislature be subjected to the same gift restrictions as legislative officials.

This would include a prohibition on the receipt of anything of value from lobbyists.