Michael Beckett, Esq.,
Associate Director, Research Services

CHICAGO, ILLINOIS: City Council’s Committee on Ethics and Government Oversight unanimously rejected an ordinance introduced by Mayor Lori Lightfoot in April to amend a recently passed ordinance prohibiting cross-lobbying of City Council or any city agency, department, board, or commission by elected officials from the Illinois General Assembly or any unit of local government in the state. The proposed amendment added an exception to permit lobbying by lobbyists with no current contractual or legislative dealings with the city. The committee voted 16-0 not to send the measure to the full council. Executive Director Steven Berlin stated the ordinance is historic because there are no other jurisdictions in the United States prohibiting both their own officials and employees from lobbying on behalf of private clients anywhere, while also prohibiting elected officials from other jurisdictions from lobbying the city on behalf of private clients.

HAWAII: The state Senate convened a special session on October 5 to review Gov. David Ige’s appointment for a vacancy on the Hawaii Intermediate Court of Appeals and the Chief Justice's appointments on district court positions. Final Senate votes on the appointments and adjournment sine die took place on October 6. A lobbyist and employer activity report must be filed within 30 days of adjournment sine die of the special session on November 5 for expenditures and contributions relating to legislative action considered during the special session.

MICHIGAN: The Bureau of Elections posted the Lobby Registration Act 2021 Reporting Thresholds, which change every year in January to reflect the change in the consumer price index for Detroit. The threshold for a lobbyist compensating a lobbyist agent or other employee increased from $2,525 to $2,575 for any 12-month period. The financial transaction threshold between a registered lobbyist or lobbyist agent and a public official increased from $1,275 to $1,300. Travel and lodging reimbursements increased from $825 to $850. Food and beverage expenditures for a public official increased from $63 in any month to $64 in any month, while the $400 threshold for food and beverages purchased between January 1 and end the reporting period remains the same as last year. Employee reimbursements increased from $25 to $26, and the general gift threshold also increased from $63 to $64. Late filing fees increased from $25 a day up to a maximum of $750, to $26 and a $780 maximum. The registration threshold of $650 for a lobbyist agent or a lobbyist’s expenditure on one public official during a 12-month period and exempt expenditures at $13, remain the same as last year.

NEW YORK: On October 1, the Joint Commission on Public Ethics (JCOPE) announced the final draft of Advisory Opinion 20-02, providing guidance to identify the permissibility of a gift to a third party at the direction of or on behalf of a public official. Statutes and regulations presumptively prohibit a gift to a public official from an interested source or gifts to a third party solicited by a public official or an intermediary. Advisory Opinion 20-02 allows the presumption of impermissibility to be overcome by taking into account specific situations including: the nature or purpose of the gift; nature of the donor’s pending business with the official; and prior history of gifts to the cause or third-party organization. JCOPE will determine whether a gift violates the law or overcomes the presumption on a case-by-case basis.

PHILADELPHIA, PENNSYLVANIA: The Philadelphia Board of Ethics announced the 2020 lobbying training schedule. The virtual training will cover ethics rules, registering, and filing expense reports with the Board of Ethics. Currently, it is not mandatory to attend one of the 2020 lobbying trainings, however attendance at a training will be credited when the mandatory training provision takes effect for registered entities. Registration for the lobbying training can be accomplished at https://zoom.us/meeting/register/tJEqd-6srj0tHdGweXo4WfNtm4z9H7yiRooO. Questions regarding the schedule or training may be directed to the Board of Ethics at Lobbying@phila.gov or BOE.Training@phila.gov.

Yukon New Lobbying Laws Now Effective

George Ticoras, Esq.
Manager, Research Services

On October 15, the Canadian territory of Yukon’s new and first lobbying law came into force with the online Yukon Lobbyist Registry becoming live. Bill No. 23, the Lobbyist Registration Act, received Royal Assent on November 22, 2018, but did not take effect for almost two years. The Yukon Lobbyist Registry is administered by the Office of Conflict of Interest Commissioner, who now also holds the position of the registrar.

Both consultant lobbyists and in-house lobbyists are required to register. Registration is required for individuals attempting to lobby by communicating with a public office holder, directly or through grassroots communications. Additionally, a consultant lobbyist is required to register when arranging a meeting between a public office holder and any other person for any purpose covered by the law.

All lobbyists have a one-time only grace period of 90 days to register beginning with the October 15 effective date. Registration and the filing of returns are performed electronically on the registry’s webpage. There is currently no fee required for registration.

In-house lobbyists are required to file returns by January 31 of each calendar year. Consultant lobbyists must file returns within 30 days after the expiration of the six-month period after the filing date of the previous return.

Grassroots lobbying, which requires registration, includes initiating petitions and using social media to encourage the general public to contact officials to support or oppose government laws and policies.

There are two revolving door provisions restricting both former officials and former lobbyists. For the six-month period after ceasing to be in office, a former public office-holder is prohibited from lobbying as a consultant lobbyist, but he or she is not prohibited from immediately lobbying as an in-house lobbyist. Additionally, a consultant lobbyist is prohibited from becoming an employee of Yukon’s public service for six months after the terminating her or her lobbyist registration.

Penalties for violations of the Lobbyist Registration Act include fines up to $25,000 for the first violation and up to $100,000 for each subsequent violation.

[The details for this article are updated on our website in the Registration and Reporting sections of the Canadian Lobbying Laws and the Canadian Procurement Lobbying Compliance Laws for Yukon.]

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 regarding lobbying laws, political contributions, and procurement lobbying.

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