The Office of Management and Budget issued revised guidance on August 13, 2014, regarding the prohibition against appointing or re-appointing federal lobbyists to serve on advisory committees, boards, and commissions.

The revised guidance clarifies the ban only applies to federal lobbyists serving in their individual capacity. In this situation, individual capacity refers to individuals appointed to committees to exercise their own individual best judgment on behalf of the government.

Federal lobbyists appointed in a representative capacity, meaning they are appointed for the express purpose of providing a committee with the views of a nongovernmental entity, a recognizable group of persons or nongovernmental entities, or a state or local government, are not subject to the ban.

The Miami-Dade Board of County Commissioners approved an ordinance lengthening the county’s revolving door prohibition. Under current law, the revolving door restriction period is two years.

Ordinance 141569 amends existing county law by prohibiting county officials and their staff members from lobbying the county for a period of four years. The ordinance exempts certain former county officials who become lobbyists for governmental entities, nonprofit organizations, or educational institutions from the four year restriction period.

The board adopted the ordinance in a 7-5 vote in its July 15, 2014, meeting.

The next step in the legislative process is a public hearing before the Public Safety and Animal Services Committee, which is scheduled for August 27, 2014, at 9:30 a.m. The outcome of the public hearing will determine the effective date of the new legislation.

A bill expanding revolving door restrictions passed the House and now goes to the Senate for consideration. House Bill 82 prohibits former statewide elected officials, public regulation commissioners, legislators, and cabinet secretaries from accepting compensation as lobbyists for a period of two years after leaving public service.

The bill also prohibits employers of lobbyists from hiring the former public officials before the end of the two-year period.

Opponents of the bill believe it is unfair to impose the restrictions on legislators who receive no salary. Legislators receive only a $159 per diem when in session and at committee meetings.

Missouri legislators made ethics a top priority at the start of their legislative session. The Legislature convened on January 8 and members filed at least 10 bills addressing issues such as lobbyist registration, gifts to public officials, campaign contribution limits, and revolving door provisions.

Although Missouri is one of few states placing no restrictions on campaign donations or lobbyist gifts, reform appears to be of bipartisan concern. Secretary of State Jason Kander announced the most comprehensive approach to ethics reform with HB1340, introduced by Rep. Kevin McManus. The proposal establishes contribution limits, closes the revolving door for legislative officials, and establishes a lobbyist gift ban.

Kander’s proposal is unique in that it also adds mandatory registration requirements for paid political consultants as well as whistle-blower incentives. Those who provide information about ethics violations could receive 10 percent of the fines collected for the violation they revealed.

The Legislature discounted opportunities in the past to address ethics reform. With momentum building, many are hoping this is the year for change.

Senate President Pro Tem Del Marsh introduced a bill in the Senate of Alabama on Tuesday that would impose stricter revolving door prohibitions on legislators. Senate Bill 36 redefines “legislative body” as “Legislature of Alabama”, which eliminates the current loophole allowing lawmakers in one house of the legislature to lobby the other house immediately after leaving office.

Under this bill, a legislator is prohibited from lobbying either the House of Representatives or the Senate for two years after leaving office.

The bill easily passed through the Senate Constitution, Campaign Finance, Ethics, and Elections Committee and is on a fast track to passage through the Senate. If passed in the Legislature, the bill becomes effective upon the Governor’s signature.

The Chicago Board of Ethics recently posted two new publications on its website, both of which outline ethics restrictions for city officials.

The first addresses, among other things, general conflicts of interest, lobbying on behalf of others, financial interests in city contracts, financial disclosure requirements, gifts, revolving door provisions, and penalties for ethics violations.

The second addition is a publication delineating what city employees and officials may or may not do in terms of contracting with the city.

Both documents are intended to provide a basic understanding of ethics rules and are not deemed legal advice.

Senate President Pro Tem Del Marsh filed a bill to be considered during the Alabama Legislature’s upcoming session, beginning January 14, 2014.

The bill would ban a former legislator for a period of two years from lobbying members of either chamber of the Legislature. The current law allows former members of the Legislature to lobby members of the other chamber without any waiting period, and imposes a two year waiting period on lobbying members of the former legislator’s chamber.

If passed, this bill would take effect immediately.

The city is seeking to upgrade the city’s ethics code. Several changes have been proposed, including expanded penalties for violations, expanding the scope to cover people, adding a revolving door provision, and increasing the specificity of the gift definition.

Once finalized, approval by city council is expected early next year.

Photo of Spokane by Mark Wagner on Wikimedia Commons.

Governor Mike Beebe has approved a bill expanding restrictions on former public officials seeking to register as lobbyists. Senate Bill 331, now Act 486, prohibits statewide elected officers, certain state employees, and state agency executives from registering as a lobbyist for one year following expiration of employment.

Previously, only members of the General Assembly were subject to this revolving door restriction.

On the first day of the 2013 legislative session the Florida Senate unanimously passed ethics reform bills.

The bills add revolving door provisions, increase the responsibilities of the ethics commission, and require financial disclosure reports to be posted online.

The reform package now moves to the House, where somewhat different versions of the legislation are already under consideration.

State lawmakers introduced a bill aimed at keeping former legislators out of the lobbying ranks following the end of their terms. Senate Bill 33 would prohibit legislators from lobbying for two years following the end of their public service.

Representative Dana Wachs, a co-sponsor of the bill, said, “If we don’t start doing something about these issues, I think our republic is somewhat in danger. We’re supposed to represent people, not corporations.”

The state does not currently have a prohibition against lobbying after public service, but it does prevent state public officials from appearing, on behalf of someone else for compensation, before a governmental entity under the former official’s responsibility for one year following employment.

Photo of the Wisconsin Capitol Building by Dori on Wikipedia.

The Florida Senate Committee on Ethics and Elections is working on a proposed bill to revise the state’s ethics law.

The draft language relating to lobbying and gift law in the bill establishes a fine for executive branch lobbyists for failure to provide required information or knowingly providing false information in a report, and prohibits vendors from providing gifts to reporting individuals or procurement employees. Other changes the committee is considering include:

• Restrictions on former legislators’ employment as a lobbyist, such as ban on executive branch lobbying and a prohibition on becoming a partner, principal, or employee of a firm whose primary business is lobbying the state legislature within the two years after a legislator leaves office; and
• A prohibition on or reduced gift limit for gifts to covered individuals from committees of continuous existence, or CCEs. House Speaker Will Weatherford has called for elimination of CCEs, which are often used by legislators to pay for meals, travel, and gifts.

The committee plans to have final draft language available on January 18, and plans to consider the proposed bill at its January 22 meeting.

A bill introduced by U.S. Representative Bill Posey hopes to curtail members of congress from becoming lobbyists.

The “End the Congressional Revolving Door Act,” H.R. §6424, would prohibit a former member of congress or former congressional employee, while employed as a lobbyist, from being eligible for certain federal benefits.

Those benefits are:

• The Civil Service Retirement System;

• The Federal Employees’ Retirement System;

• The Federal Employees’ Health Benefits Program; and

• The Federal Employees’ Group Life Insurance Program.

The prohibition covers each month the individual is a compensated lobbyist.

In May, a similar bill was introduced by U.S. Representative Steve Israel. The “Congressional Double Dipping Pension Prevention Act,”  H.R. §5737, would prohibit a former member of congress receiving annual compensation exceeding $1,000,000 as a lobbyist from being eligible to concurrently receive federal retirement benefits for the period of time he or she is employed as a lobbyist and receiving such income.

Hawaii Governor Neil Abercrombie signed House Bill 2175 into law, exempting certain people from the state’s revolving door provisions.

In an effort to increase participation amongst the state’s experts and those with special knowledge, the law exempts members of a state task force from the revolving door provisions. A task force is a group which is created to study a specific problem for a specified period of time.

The law will take effect immediately.

Photo of Governor Abercrombie courtesy of Wikipedia.