What is New for 2018

Last month I went into detail on what was done in 2017 for our website. Today I am going to list out what we are doing in 2018 to make our website even more valuable.

My conversation a couple of months ago with Research Manager Michael Beckett continued with what he said would be added to our site.  Our #1 goal is to continue support to our clients when there are questions and special projects.

1. Our work with our European Compliance is growing. Scotland will be completed and on our site in April. Other countries for 2018 include France, Germany, Austria, and Greece. We are giving our clients a great introductory offer to add European Compliance to the guides you are currently receiving.

2. We like to produce Tip Sheets—one pagers that help you answer quick questions. This year we will publish three of them:

• Social media lobbying (we weren’t talking about that 25 years ago);

• Gift splitting and reimbursement; and

• Restrictions on lobbyist contributions.

3. In addition, we are going to clarify the following in all our jurisdictions:

• Placement agents in our Procurement Lobbying Publication;

• Grass tops lobbying in our Lobbying Laws Publication;

• Procurement lobbying (contracts) vs. executive branch lobbying (rules and regulations) in our Procurement Lobbying Publication;

• Timing of contributions for purposes of aggregation in our Political Contributions Publication; Q&A regarding state contribution limits applicability to local candidates in our Political Contributions Publication;

• PAC contribution match by corporate employer rules in our Political Contributions Publication.

You will also see our familiar Executive’s Checklists in our Municipal Lobbying entries and we are always ready to add more municipalities.

Our team works all year long to make sure the State and Federal Communications website is always up-to-date on the work you need. This isn’t a side business for the company…it is the foundation of our overall business.

If you have any questions about our website, please do not hesitate to give me a call. It has been part of my DNA for a long, long time.

Elizabeth Z. Bartz

President and CEO
@elizabethbartz

Utah Legislature Passes New Ethics and Campaign Finance Legislation

Allie Vernis, J.D.,
Research Associate

The Utah Legislature adjourned its 2018 regular legislative session in March, passing a handful of bills affecting the state’s ethics and campaign finance laws.

House Bill 20, amending parts of the state’s Election Code, was signed by Gov. Gary Herbert this month and took effect immediately. The bill modifies provisions relating to filling State Board of Education vacancies and addresses access to financial disclosure forms filed by candidates. Included in the bill is a clarification of the definition of expenditure under the Lobbyist Disclosure and Regulation Act, excluding food and beverage provided at an event, tour, or meeting when a public official is giving a speech, participating in a panel discussion, or presenting or receiving an award.

Other bills signed by Herbert include Senate Bill 26 and House Bill 206. Senate Bill 26 makes changes to the financial requirements for political action committees (PACs) by raising the amount a PAC must expend to trigger financial reporting. Additionally, the bill requires PACs to deposit all contributions received into a separate dedicated account and creates a method for disposing of contributions from an unknown source exceeding $50. House Bill 206 exempts from the expenditure provisions of the Lobbyist Disclosure and Regulation Act a gift received by a public official on behalf of the state when certain conditions are met.

Bills passed by the Legislature still awaiting the governor’s signature include House Bill 320 and Senate Bill 216. House Bill 320 expands the existing prohibition on contributions to legislators during a legislative session to also cover contributions to the lieutenant governor, attorney general, state auditor, and state treasurer. Covered donors include persons, lobbyists, principals, and political committees. Senate Bill 216 addresses the Independent Executive Branch Ethics Commission and the Political Subdivisions Ethics Review Commission as independent entities and modifies the ethics complaint process for both commissions.

Herbert has 30 days to review passed bills and decide if he will sign, veto, or allow the bills to become law without his signature.

[The details for this article have been updated on our website in the Gift Law section of Lobbying Compliance Laws and the Registration and Reports Required section of Political Contributions Compliance Laws for Utah.]

Summary of Changes UPDATE
Note Recent Changes to Compliance Regulations 

Michael Beckett, Esq., Research Manager

CARROLL COUNTY, MARYLAND: The Board of Commissioners adopted an ethics ordinance redefining lobbying to include direct communication with county officials and employees as well as grassroots activities having the purpose of soliciting others to communicate with a county official or employee with the intent to influence the official or employee. Additionally, the ordinance amends lobbyist reporting from monthly to biannual reporting. The ethics ordinance became effective March 13. The ethics ordinance was needed to bring Carroll County in compliance with state ethics requirements passed in 2010.

FLORIDA: A proposal by the state’s Constitution Revision Commission (CRC), known as P-39, establishes a revolving door provision creating an extended waiting period for state and local officials seeking to lobby after leaving office. The proposal prohibits state and local officials from lobbying their former departments, agencies, or governing bodies for six years after leaving office. Such persons would also be prohibited from lobbying any federal agency or any state or local body or agency during their respective terms of office. After passing a preliminary vote, the measure advanced, along with seven other proposals, to the Style and Drafting Committee. The committee has the authority to revise and combine proposals prior to a final vote by the full commission. To be placed on the November 6 ballot, the proposal will need support from at least 22 commission members. The CRC convenes once every 20 years for the purpose of reviewing the state’s Constitution and proposing changes for voter consideration.

LOS ANGELES, CALIFORNIA: The city’s Ethics Commission announced the annual adjustments to campaign contribution limits. The contribution amount allowable per-person increased for mayoral, city attorney, and controller elections, but not for Los Angeles City Council elections. The amounts apply to city elections in which the primary election fundraising window opens after March 1. The limits do not apply to Los Angeles Unified School District elections.

PENNSYLVANIA: Gov. Tom Wolf signed House Bill 1175 into law, amending filing requirements and penalties for lobbyists. The new law requires electronic filing of lobbying disclosures and increases the monetary penalties assessed for late reports. Fines between $50 and $200 per day, depending on the number of days late, can now be levied. The maximum penalty has been increased from $2,000 to $4,000. The new penalties take effect immediately and the electronic filing requirement takes effect in April.

SOUTH DAKOTA: Gov. Dennis Daugaard signed a bill into law expanding campaign finance disclosure requirements. House Bill 1003 requires candidates and committees to itemize any contribution received from an entity. An entity includes corporations, labor unions, non-profits, and certain other associations.

Legislation We Are Tracking

At any given time, more than 1,000 legislative bills, which can affect how you do business as a government affairs professional, are being discussed in federal, state, and local jurisdictions. These bills are summarized in State and Federal Communications' digital encyclopedias for lobbying laws, political contributions, and procurement lobbying and can be found in the client portion of our website.

Summaries of major bills are also included in monthly email updates sent to all clients. The chart below shows the number of bills we are tracking in regard to lobbying laws, political contributions, and procurement lobbying.

ASK THE EXPERTS

State and Federal Communications’ Experts Answer Your Questions

Here is your chance to “Ask the Experts” at State and Federal Communications, Inc. Send your questions to experts@stateandfed.com. (Of course, we have always been available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or email us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies are not legal advice, just our analysis of laws, rules, and regulations.

State and Federal Communications, Inc.
Scrapbook - April 2018

Our intern, Katelynn Chilson, accepted a position in Field Marketing for Jimmy John’s. She will travel the region for the position and will be based in Kent when not on the road. Katelynn started at State and Federal Communications last year and graduated in August 2017. We wish you all the best, Katelynn. Key staff attending the PAC National Conference in Miami, FL. Pictured are Nola R. Werren, Esq., Renold A. Koozer, Elizabeth Z. Bartz, and Norbert Hobrath.   At the SXSW Conference in Austin, TX, Elizabeth Z. Bartz greets Congressman Tim Ryan, [D-OH] and Mayor Dan Horrigan [Akron]. Elizabeth Z. Bartz with Ken Babby, Owner/Chief Executive Officer of the Akron Rubber Ducks and Owner/Chief Executive Officer of the Jacksonville Jumbo Shrimp.

Plan to say hello at future events where State and Federal Communications, Inc.
will be attending and/or speaking regarding compliance issues.