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 E-News from State and Federal Communications, Inc.

             August  2008

Forget the Golden Rule at the Conventions

Do unto others as you will have them do unto you. Forget about it! The basic rule at the upcoming convention is very clear—no hitchhiking. What does this mean? Basically, if you are standing in front of your hotel waiting for a taxi and your senator is standing next to you waiting for a taxi to attend the same event you are attending, you cannot offer a free seat to your senator.

I had not heard it used as hitchhiking until the Public Affairs Council teleconference last week and Ken Gross, from Skadden Arps, used the term. But isn’t it funny at a time when the cost of gas is up, taxicabs and limo services charge fuel surcharges, and everyone wants us to go green that we cannot help a fellow elected official with a ride to an event. And, I am not even getting into what event the two of you are attending. The rules are also different if you are going to a reception with a wedding type of band or if you are going to a reception with a big-name person, e.g. Bruce Springsteen.

Now remember, this is Denver and Minnesota—not Las Vegas. What happens in Denver and Minnesota will hardly stay in Denver and Minnesota because the press will be everywhere.

Until next month, put on your blinders at the conventions and just take care of yourself, as my grandmother used to say. We hardly want to read about you in the newspapers.

Elizabeth Z. Bartz
President and CEO


 

 

 

 

 

Summary of Changes UPDATE 

1)   Maine – The state of Maine now allows lobbying reports to be filed as late as 11:59 p.m. on their due date and still be considered timely.  This is a change from the previous 5:00 p.m. requirement.

2)   Missouri – On August 28, 2008 Senate Bill 1038 will go into effect and repeal the contribution limits in the state.

3)   West Virginia – House Bill 219 was approved by the governor.  The bill redefines several campaign finance terms and enhances regulation of corporate political activity.  Note that prior to passage of the bill a federal court issued a preliminary injunction providing the bill’s electioneering communication disclosure provision only applies to broadcast communications.

4)   Ontario – On August 11, 2008, Greg Essensa took over as Ontario’s Chief Electoral Officer.  Contact information for the office remains unchanged.

5)   Colorado – The Independent Ethics Commission, which was created by Amendment 41, has finally issued procedural rules.  The rules will become effective September 1, 2008.


Are You Ready for Some Football?
by John Cozine, Research Manager

With the college football season nearly upon us, it’s a good time to discuss the giving of football tickets or other hospitality to government officials and employees.  Of course there’s no way to discuss the rules in every state, but some general guidelines should be kept in mind.  First, you need to know the basic rules in the jurisdiction in question.  Are gifts even allowed?  If so, what are the gift limits?  Are there any exceptions to the gift rules into which the game might fall?  And perhaps most importantly, has the jurisdiction issued a specific ruling regarding the game in question?  Sometimes if the game is significant enough, the jurisdiction will address it specifically.  For instance, the Alabama Ethics Commission recently ruled that passes to a skybox, which do not include admission to the game, at the Magic City Classic, played between Alabama State University and Alabama A & M University, may be provided to public officials or employees.  The key to Alabama’s decision was that the event was sponsored by a charity, so where the event is charitable in nature, be sure to explore rules providing exceptions for tickets to charitable events and whether they might apply.  Ohio’s Joint Legislative Ethics Committee is another example of an ethics organization that has taken the initiative to specifically address a big game.  They issued a memo at the beginning of the year outlining for both lobbyists and officials the gift rules and reporting requirements surrounding any tickets, hospitality, and travel for the National Championship Game between LSU and Ohio State.

Once the event has passed, you also need to consider whether the gifts or hospitality provided need to be reported, and in what manner.  If you have established that there has been a reportable expenditure, determine whether the expenses can be aggregated with other expenses or whether the expenditure has to be itemized.  A few jurisdictions, Ohio being one of them, also require some form of pre-notification to the public official or employee that they will appear on your lobbyist report as having received a benefit.  Be sure you know if such a requirement exists in your jurisdiction and how many days in advance of your report you will need to provide notification.  Know the rules, and enjoy the season!


You Should Know

For the political conventions, there are two distinct separate committees—the Political Party Convention Committees and the Host Committees. It is important to know which committees can accept your contributions.

 1. The Host Committees—Denver 2008 Convention Host Committee and the Minneapolis Saint Paul 2008 Host Committee—can accept unlimited contributions, including corporate contributions.

2.  The Convention Committees—Democratic National Committee and the Committee on Arrangements—are publicly funded and cannot accept any monetary or in-kind contributions.


For Pets Sake ... Meet Sparky!
by Ren Koozer, I.T. Director

On a spring day, I talked to my wife about getting a dog.  She was not convinced that the 3 years of mourning after losing her Cairn Terrier, Corey, had been long enough.  We browsed the “Pets Pajamas” in Fairlawn, Ohio in hopes of finding the perfect dog.  I had chosen his name back when I was a kid dreaming that I would one day have a dog named Sparky.

After 3 months of visiting the available puppies, I chose a Toy Fox Terrier.  He already had a name.  My wife was tolerant of this elfin dog.  I just loved him.  He wasn’t even 2 pounds but he was exactly what I wanted.

Now, 4 years later, Sparky could care less if I exist.  I am second best, at best.  He loves my wife.  Each step she takes he watches and follows.  Each breath she takes he is aware.  You almost hear him singing, “I will follow her … follow her wherever she may go.  There isn’t an ocean too deep ….”  You get what I mean.


Landmark Series – World War II Memorial

This article is one of an ongoing series that focuses on historical and/or significant landmarks.  Information gleaned from worldwariimemorial.com, wikipedia.com and other sources.

May 25, 1993 President Clinton signed the World War II Memorial Act to create Public Law 103-32.  This law gave the American Battle Monuments Commission the opportunity to acknowledge and honor - the 16 million who served in the armed forces of the U.S. during World War II, the more than 400,000 who died, and those who supported the war effort from home - by establishing a memorial in Washington, D.C.

Construction on the National World War II Memorial began in September 2001.

Similar to many of the monuments in the National Mall, a competition was held to select a design for the memorial.  Of the 400+ submissions, a design concept proposed by Friedrich St. Florian, an architect from Providence, Rhode Island was chosen. 

The WWII Memorial sits between the Lincoln Memorial and the Washington Monument.  It has 56 pillars, each standing 17 feet tall, arranged in a semicircle surrounding a plaza and a fountain.  Each of the pillars is inscribed with the name of one of the 48 U.S. states of 1945 as well as the District of Columbia, the Alaska Territory and Territory of Hawaii, the Commonwealth of the Philippines, Puerto Rico, Guam, American Samoa, and the U.S. Virgin Islands.  On the north and south sides of the memorial, two 43 foot arches are inscribed.  The northern arch is inscribed with “Atlantic” and the southern arch “Pacific”.  Under the arches bronze eagles and wreaths were installed, created by sculptor Raymond Kaskey, and depict scenes of wartime and the home front.  On the west side of the memorial you will find Freedom Wall.  The wall has 4,048 gold stars, each representing 100 Americans who died in the war. 

Nearly 59 years after the end of World War II, the memorial opened to the public in April of 2004.  Shortly after opening, a dedication of the memorial spanned four days as Americans saluted WWII veterans.  


Confidence in Canada

Canadian Compliance for US CompaniesTM focuses on Canadian legislation, both at the federal level and in the 10 provinces and three territories. This service is intended for U.S.- based businesses, organizations, and associations and not for Canadian-based companies.  There is a need to understand and deal with changing Canadian regulations, so we have taken the lead here to present this new service to you.  State and Federal Communications, Inc. encourages you to take advantage of the free trial!  Simply log-in to your account and sign up for one free month of service!


See Us in Person

Thank you to all of the clients who stopped by the State and Federal Communications booth
at NCSL and ALEC.  We love our patriotic lanyards!


Elizabeth Bartz, Ren Koozer, and Amber Fish Linke


Maureen and Scott Riehl
 

Gray McGinnis and Gerard Dehrmann, Wal-Mart

Alden Schacher, Jean Cantrell - EDS
with Leticia Van De Putte

Amber Fish LInke, Dan Calontone, from the Akron Chamber of Commerce, and Senator Richard Finan
 

Elizabeth with Joyce Irwin of Roche Diagnostics 

Elizabeth with Marjorie Powell of PhRMA

SGAC "A Team"
 

Katherine Whitehead, SGAC and Elizabeth
 

Bruce Colligen, Johnson & Johnson and Elizabeth

 

Amber Fish Linke, Jim Delatte of Takeda, and Elizabeth

Greg Hoke - Reckett Benckiser,  John Gibson & Ab Basu - BIO, Katrina Iserman - Wyeth,
Jim Eichhorst - BIO,
 Chris Badgley - PhRMA, and Elizabeth
 

Elizabeth, Greg Hoke of Reckett Benckiser,
Amber Fish Linke

Amber, Steve Kranz of Sutherland Law Firm, and Elizabeth

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

 September 11 – 12 

PLI (Practising Law Institute), Washington, D.C.

 September 4 – 6

SPJ (Society of Professional Journalists), Atlanta, GA

 September 25  SGAC Board Meeting, Seattle, WA
 September 26 – 27  NCSL Fall Executive Committee Meeting, Seattle, WA
 October 27 – 29  PhRMA State Section Meeting, Phoenix, AZ
 November 22 – 25  SGAC Foundation Leaders’ Policy Conference, Dana Point, CA
 December 7 – 10

 30th Annual COGEL Conference, Chicago, IL



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