April 24, 2012 •
North Carolina Legislature Convenes Special Session
Regular session begins in May
The North Carolina General Assembly convened as scheduled for a special session on April 23, 2012.
Both the Senate and the House will meet again on April 25, at which time they are expected to adjourn until the scheduled regular legislative session begins on May 16, 2012.
Photo of North Carolina State Legislative Building by Jayron32 on Wikipedia.
February 15, 2012 •
Latest News in Ethics Oversight
Here is a look at what has appeared in the last few days from the state ethics commissions:
Arizona: “Ariz. lawmakers want elected officials to disclose use of public funds” by Howard Fischer in the East Valley Tribune.
Georgia: “Advocates push for ethics funding” by Charles Edwards on WABE News.
“Watchdog groups demand more money for ethics board” by in the Atlanta Journal-Constitution.
Maryland: “Maryland Ethics Panel Suggests Reducing Local Disclosure” by Brian Witte (Associated Press) on NBC Washington.
“Bill would require online disclosure” by Michael Dresser in the Baltimore Sun.
Minnesota: “Lobbying violations vex understaffed Minnesota regulator” by Brad Schrade in the Star Tribune.
North Carolina: “Dome: Few ethics complaints probed, report shows” by John Frank in The News & Observer.
January 9, 2012 •
North Carolina Lobbyist Fine Overturned
Portions of Lobbying Law Found Ambiguous As Applied
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.
November 28, 2011 •
North Carolina Session Convenes
Session to Adjourn Tuesday
NORTH CAROLINA: A special session of the North Carolina General Assembly convened Sunday evening.
The session is scheduled to adjourn on Tuesday, November 29, 2011.
The session was called to consider bills vetoed by Governor Bev Perdue, revise redistricting plans, and address election law bills.
Photo of the North Carolina State Legislative Building by Jayron32 on Wikipedia.
November 8, 2011 •
Appellate Court Upholds North Carolina’s Ban on Lobbyist Campaign Contributions
Affirms Lower Court Ruling
A three judge panel of the 4th U.S. Circuit Court of Appeals ruled unanimously to uphold North Carolina’s ban on registered lobbyists making campaign contributions to candidates for the Legislature and the Council of State.
A lobbyist with the state chapter of the American Civil Liberties Union challenged the ban on contributions, saying it violated her right to freedom of speech and association.
The appeals court upheld a district court ruling by stating the ban was a “valid exercise of North Carolina’s legislative prerogative” to address potential corruption and the appearance of corruption.
August 1, 2011 •
North Carolina Adjourns Special Session
Schedules Special Session in September
The North Carolina General Assembly adjourned the special session concerning redistricting on Thursday, July 28, 2011.
During the session, the redistricting process for the state was completed.
Further, five of Governor Beverly Perdue’s vetoes were overridden.
The Legislature is expected to convene another special session on Monday, September 12, 2011.
Photo of the North Carolina State Legislative Building by Jayron32 on Wikipedia.
April 26, 2011 •
North Carolina Bill Seeks to Curb Pay-to-Play
Pay-to-Play Legislation Working Way Through North Carolina House
House Bill 139, a bill aimed at limiting pay-to-play activities in the state, began moving through committees last week.
The bill seeks to limit vendors who have a state contract of greater than $25,000 from contributing in excess of $500 per election to a candidate or candidate committee for a public servant if the public servant would have authority over the contract with the vendor.
House Bill 139 is similar to a bill introduced during the prior legislative session; however, that bill was left out of a series of ethics reforms eventually approved by the legislature.
Photo of the North Carolina State Legislative Building by Jayron32 on Wikipedia.
March 23, 2011 •
Mecklenburg County Changes Ethics Code
New Ethics Code Concerns Free Tickets to Events
Commissioners in Mecklenburg County, North Carolina have agreed to a change in the county’s ethics code preventing themselves and other county employees from soliciting or receiving tickets to cultural or sporting events supported by the county.
If the county has included money, either directly or indirectly, or if an employee knows or has reason to know county money may be requested for an event, employees will no longer be able to receive complimentary tickets. County employees are still free to purchase their own tickets to sporting and cultural events without violating the new policy.
Photo of the Charlotte, North Carolina skyline by Riction on Wikipedia.
December 28, 2010 •
Status of North Carolina Lobbyist Complaint Should Be Open
Not Prohibited Under Law
A superior court judge has ruled the Secretary of State cannot refuse to provide procedural information regarding a complaint made against a lobbyist. In NCICL v. North Carolina, Judge Paul G. Gessner found no basis in law for the refusal to grant information regarding a formal complaint previously made about a legislative lobbyist.
The Secretary of State had argued the state public records laws prohibited them from releasing any information, and had refused to reveal any details, including the status of the complaint or even whether any action had been taken.
August 26, 2010 •
Lifting the Ban: National Legislative Conferences
Lobbyists are familiar with the gift restrictions, limits, and bans in those jurisdictions where they are registered. There are many states across the country, such as North Carolina and Tennessee, that completely prohibit lobbyists from providing any type of gift or meal to a legislator. However, many of these states have exceptions to their rules when legislators are attending national conferences, such as the National Conference of State Legislatures’ Annual Legislative Summit.
North Carolina, which has a notoriously strict gift ban, permits lobbyists to provide meals and beverages at events held in conjunction with legislative conferences, provided certain conditions are met. In order for the gift exception to apply, either all members of the senate, house, recognized legislative caucus, or the entire general assembly must be invited, and at least 10 individuals associated with the lobbyist or the lobbyist’s organization must attend.
Kentucky does not have a strict ban against lobbyists providing meals to legislators, but there is a $100 annual limit. However, if there is an event where all members of the house or senate, or approved caucus are invited, the amount spent on food and beverages is not counted against the $100 limit.
Not only do many states have exceptions to their gift laws in relative to national legislative conferences, but some also have different reporting requirements. States like Missouri and Georgia allow for group reporting, rather than naming each legislator that attended. In South Dakota, lobbyists are not required to report their expenditures at national conferences at all, provided that the legislature is not in session at the time.
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.