E-News from State and Federal Communications, Inc.
MAY 2018

Working Our Way Around the World

You have probably read our blogs, columns, press releases, and digital media posts about our new publication, European Compliance Laws. As they say, it has opened up the world to the staff and to our clients.

We have only tiptoed into Europe and include compliance resources for Great Britain, Ireland, Scotland, and the European Union. We are adding more countries in 2018 and the cost for this year is nominal—only $1,000* more for all of these additional references.

I have also started a discussion with Interel Global Public Affairs and have been invited to speak about compliance at its 5^th annual summit, Advancing Interests in a New Era, in Brussels, Belgium.

Recently I sat with Fredrik Lofthagen, Interel’s CEO, and his goal for this year’s program is to look to the future and provide thought-provoking topics on how innovation and technology is bringing in a new era of public affairs and the relationship between people, ideas, and organizations.

Many of you remember Jason Jarrell when he was at the Public Affairs Council. He has been instrumental in connecting me with Fredrik and I am very appreciative of these efforts.

Now, please understand, when I am at a table with Fredrik Lofthagen; Florence Maisel, managing partner in France; Grégoire Poisson, managing partner from the EU, and Jason Jarrell, managing partner of the global practice…well, all I can say is I felt a lot like Rodney Dangerfield in Caddyshack.

In all honesty, learning all about European countries has been eye opening and we look forward to working with the global practice departments of our clients.

Before next month’s issue, I will have also gone on my first cruise on the Mediterranean with my husband, John Chames, as we celebrate our 21^st wedding anniversary. It is the first time we will be on a two-week vacation together…Truly concerned one of us will go overboard!

Elizabeth Z. Bartz

President and CEO
@elizabethbartz

*For current clients

Kansas Passes Legislation To Regulate
Procurement Lobbying

Carlo Aguja, Esq.,
Research Associate

Gov. Jeff Colyer signed new legislation to bring transparency and equity among the branches of state government. Senate Bill 394, expands the definition of lobbying to include promoting or opposing an action or non-action by any executive or judicial agency on any executive or judicial administrative matter. Executive administrative matter includes any rule and regulation, utility ratemaking decision, any agreement, contract, bid or bid process, or any procurement decision, including, but not limited to, any financial services agreement, software licensing, servicing or procurement agreement, any lease, grant, award, loan, bond issue, certificate, license, permit, administrative order, or any other matter within the official jurisdiction or cognizance of the executive agency. Lobbyists of the executive or judicial branch are required to note if they will lobby the legislative branch. The bill also amends the definition lobbyist to include independent contractors compensated for evaluation, management, consulting, or acting as a liaison for an executive agency and engaging in lobbying.

 

Senate Bill 394 modifies the gift law to account for gifts from lobbyists to legislative, executive, and judicial officers and employees. The value of a meal that may be accepted by any member of the executive branch is increased from $25 to $40 per occurrence. Lobbyists generally may provide a meal, except when a particular official action must be taken as a condition of accepting the meal. A member of the executive branch receiving a meal from an unregistered lobbyist is not considered a violation unless the recipient knew the lobbyist was not registered or requested the lobbyist not to report the meal. Reporting of gifts, entertainment, or hospitality must include the date provided.

Senate Bill 394 was introduced this session and received bipartisan support, passing unanimously through both chambers of the Legislature. The governor signed the bill on April 16 and it is effective July 1.

[The details for this article have been updated on our website in the Registration and Definitions sections of Lobbying Compliance Laws and the Procurement Lobbying Compliance Laws for Kansas.]

Summary of Changes UPDATE
Note Recent Changes to Compliance Regulations 

Michael Beckett, Esq., Research Manager

ALABAMA: Gov. Kay Ivey signed a bill exempting economic development professionals from registering as lobbyists under certain circumstances. The House Bill 317 economic development professional lobbyist registration exemption does not apply if a person seeks incentives or funds through legislative action outside of incentives already available.

FLORIDA: The Constitution Revision Commission voted to place a six-year revolving door restriction directly on the November general election ballot. Proposal 6007 would also ban state and local officials from lobbying the Legislature, executive branch, and the federal government while in office. If approved by 60 percent of voters, the lobbying ban will take effect December 31, 2022. The proposal would also prohibit public officials from abusing their position to obtain a disproportionate benefit. The Commission on Ethics will be responsible for defining the term disproportionate benefit, prescribing the requisite intent for finding a violation, and enforcing the prohibition against the abuse of a public position. The new ethics rule would take effect December 31, 2020.  

MASSACHUSETTS:  The Office of Campaign and Political Finance released a draft version of updates to the agency’s regulations taking affect at the end of the month. The changes were subject to a public hearing last month and aim to make the regulations consistent with changes to campaign finance law and agency practices of the last few years. Changes include updated due dates for electronically filed reports, clarifications on when an organization must register as a political committee, and explanations of the circumstances in which an independent expenditure political action committee (PAC) becomes a traditional PAC. The official effective date of the updated regulations has not yet been announced, and a final copy of the changes will not be publicly available until later this month.

NORTH DAKOTA: Secretary of State Al Jaeger approved the format of a petition to amend the state constitution to include an independent ethics commission. If voters approve, the ethics commission would be responsible for adopting rules related to elections, lobbying, and for reporting and investigating alleged violations of those rules and related state laws. Additionally, the measure prohibits gifts from lobbyists, prohibits the delivery of campaign contributions by lobbyists, restricts lobbying from former public officials, and restricts the use of campaign contributions, among other provisions. Supporters of the petition have until July 9 to gather nearly 27,000 signatures to place the constitutional amendment on the November ballot.

UTAH: Gov. Gary Herbert signed a bill expanding 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. Effective immediately, House Bill 320 applies to contributions to the personal campaign committees and political action committees (PACs) of the covered candidates. Parties prohibited from contributing during session include persons, lobbyists, principals, and political committees.

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 - May 2018

State and Federal Communications, Inc. sponsors the Ohio Cherry Blossom Princess For the third consecutive year, State and Federal Communications, Inc. has sponsored the Ohio Cherry Blossom Princess for the National Cherry Blossom Festival in Washington, D.C. This year, Ohio State University student, Abeeha Shamshad, represents the buckeye state. Congratulations to Ohio Cherry Blossom Princess Abeeha Shamshad  on being chosen to represent the state of Ohio. Celebrating Staff Anniversaries at State and Federal Communications, Inc.   This month we celebrated the anniversaries of four staff members.  Amber Fish Linke, Esq., Adrienne Borgstahl, Esq., Sarah Gray, and Becky Campbell.  We appreciate our hard working staff. Congratulations, Elizabeth Bartz, on receiving the 2018 Fran Richardson/Founders Award for significant contributions to the Washington Program in National Issues. State and Federal Communications, Inc. was gladly in attendance at the 2018 YouToo Social Media Conference held at Kent State University.

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