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Ethics Update:
Massachusetts Continues Efforts to Revise Ethics Laws

by: James Warner, Esq.

The Massachusetts House of Representatives has unanimously approved numerous changes to ethics laws, which have not been modified since the 1960s.  House Bill 3853 was the first major legislative initiative of new Speaker of the House Robert A. DeLeo. 

DeLeo's bill modifies several provisions of the law involving lobbyists.  First, it updates the definitions of executive lobbying and legislative lobbying to include municipal lobbying connected to state lobbying as well as strategizing, planning, research, and other background work if performed in connection with, or for use in, an actual communication with a government employee.  The reporting period for lobbyists would be changed from biannual reporting to quarterly reporting.  Additionally, all lobbyists would be required to file reports regardless of whether they are registered and their names appear on the docket. 

The contents of each report would be modified to include identification of each lobbyist’s clients, specific legislation lobbied, amount of compensation received, and direct business associations with public officials.  The bill also reduces the amount of permissible incidental lobbying from 50 hours (or $5,000 in any six month reporting period) to 10 hours (or $2,500 in any three month reporting period).  Lobbyists would also be required to obtain a license each year from the secretary of the commonwealth.  The bill also bans any gift from a lobbyist to a public official.  Finally, all criminal and civil penalties for violations of the ethics laws would be increased.

In January, Massachusetts Governor Deval Patrick introduced his own proposed changes to the commonwealth’s ethics laws.  The governor’s legislation differs from the house bill in some respects.  Of note, House Bill 3853 does not make as many changes to the gratuities laws as the governor’s bill, and does not contain an explicit ban on gifts to lawmakers by people who may have business before the legislature but are not registered lobbyists.  The governor has urged the senate to modify House Bill 3853 to include more provisions from his bill.

State and Federal Communications Expands Coverage
by: Tony Pasquale

In its continuing effort to provide more value-added benefits and services to clients, State and Federal Communications has added coverage for 19 municipalities and regional governments.

Now, subscriber and compliance clients will have detailed, comprehensive, and up-to-date laws and regulations regarding lobbying, political contributions, and procurements for 120 municipalities and regional governments throughout the nation.

“We are continually receiving feedback from our clients about what services and information they need. And, expanded coverage for municipalities is one area where our clients have expressed a continuing need,” said Elizabeth Bartz, State and Federal’s President and CEO.

“Our goal is to respond quickly to what our clients want and to provide them the excellent and comprehensive information services they have come to expect from us,” she added.

Compliance and subscriber clients who log in to the State and Federal Communications web site can go to one or more of the Executive Source Guides to which they subscribe:  lobbying laws, political contributions, or procurement lobbying. By using the drop-down sub-menu to “Select A Jurisdiction,” web users will be able to see a listing of all the governments covered for that Source Guide, including the 120 municipal and regional governments the company now covers.

“We think these municipal governments – many of which are state capitals – added in the past three months will become very important to government affairs officials and lobbyists who might already have a presence in a particular state,” said John Cozine, State and Federal Communications’ research manager.

“Now, our clients can access – in one place – all the information they need for lobbying laws, political activities, and procurements in most of the state capitals,” he added.

“This is also important because many companies and organizations are more active in procurement, contributions, and other lobbying activities at the very same time many cities are now passing laws and regulations they must follow.

“Our comprehensive digital data storehouse is the only reference where lobbyists and government affairs professionals can get this accurate, timely information through one easy-to-use source – with just a couple clicks of the mouse,” he noted.

The 19 new municipal and regional governments added to the State and Federal Communications digital storehouse are:

State and Federal, CEO Elizabeth Bartz, Earn Business Award

For the second time in three years, State and Federal Communications, Inc. and its president and chief executive officer, Elizabeth Z. Bartz, were chosen as one of the top diversity-owned businesses in the United States.

The award from the web-based publisher and business site, DiversityBusiness.com, honors those privately owned businesses that have shown entrepreneurial growth and successive years of increases in annual gross revenue.

Elizabeth and the company also won the award in 2007.

“I am absolutely thrilled to be chosen once again for an award from DiversityBusiness.com. This award is not mine alone but rather is a testament to the hard work of our 25 employees and their commitment to service for our clients and in meeting ever-changing client needs,” said Elizabeth.

State and Federal Communications continues to be the nation’s pre-eminent information source on legislation and regulations concerning campaign finance and political contributions, state and federal government lobbying, and procurement lobbying. Clients include more than 100 members of the Fortune 500 list, independent lobbyists, and trade, labor, and professional organizations throughout the country.

DiversityBusiness.com honors those independently owned companies founded or currently led by women, minorities, or people with disabilities.

The list of awardees “has become the most recognized and respected compilation of companies that truly differentiate themselves … in a time when doing so has never been more important,” said Kenton Clarke, president and CEO of DiversityBusiness.com, which publishes print and online magazines, management training courses, and networking opportunities.

DiversityBusiness.com will honor the selected companies at the 9th Annual National Multicultural Awards Ceremony and Conference on April 29^th  to May 1^st  at Disney Resort in Orlando, Florida. Among the keynote speakers will be supermodel and business owner Kathy Ireland, and also Glenda Hackett, a lawyer and former television judge who is the national spokesperson for Court Appointed Special Advocates, which advocates for abused and neglected children.

Summary of Changes UPDATE 

1. New Mexico Governor Bill Richardson signed into law Senate Bill 116 and Senate Bill 128.  Senate Bill 116 limits campaign contributions to non-statewide candidates for office, including legislative candidates, to $2,300 per election from any individual or entity except a political committee.  Political committees may contribute up to $5,000 per election to any type of candidate or political committee.  An individual or entity may contribute up to $5,000 per election to a statewide candidate and political committee.  The new contribution limits become effective on November 3, 2010.  New Mexico does not currently have campaign contribution limits.  Senate Bill 128 mandates all individuals and entities required to file campaign finance reports to file bi-annually in off-election years.  Current law requires only annual filing. 

2. The Wisconsin Government Accountability Board (GAB) formalized Administrative Rule GAB 22 on Monday, March 30, 2009, creating a schedule of penalties for lobbyists, lobbying organizations, and PACs failing to meet registration and reporting deadlines.  By authorization of the legislature, the GAB has the power to categorize such civil offenses and settle them without formal investigation upon payment of fines by offenders.  Board Administrator Jonathan Becker states the new rule clarifies the board's intent to enforce uniform standards and require strict compliance with the statutes. 

3. President Obama has announced rules affecting lobbyists regarding the $787 billion economic stimulus plan.  The President's March 20, 2009, memorandum requires his executive department or agency officials to only consider the views of registered lobbyists if the lobbyist’s viewpoint is expressed in writing.   All written communications from lobbyists about projects using money from the Economic Recovery Act will be posted by the receiving agency or governmental entity on their recovery website within three days of receipt.  Meetings between members of his administration and lobbyists concerning general recovery act policy issues may not extend to particular projects, applications, or applicants for funding. The details of such an oral meeting must be immediately documented by the official in writing, including the date and time of the contact on policy issues, the names of the registered lobbyists and the officials between whom the contact took place, and a short description of the substance of the communication. This writing will be posted by the executive department or agency on their recovery website within three business days of such a communication.

4. On March 19, 2009, the Florida Supreme Court issued a decision finding Florida’s lobbyist regulation and gift ban laws constitutional.  The court found the laws do not violate the separation of powers doctrine and were validly enacted by the Florida Legislature.

5. Illinois Governor Pat Quinn has canceled former Governor Rod Blagojevich’s executive order regarding campaign contributions from companies doing business with the state. Quinn cited confusion over the scope of the former governor's measure, also pointing to two ethics commissions created to recommend changes. Also, Illinois lawmakers said Blagojevich's executive order had no teeth because it was not an Illinois statute and could be repealed at any time. Repeal of this executive order does not affect the business registration requirements and pay-to-play ban under Public Act 095-0971, which went into effect last year.  Public Act 095-0971 prohibits contributions to the officeholder responsible for awarding state contracts, a candidate for such office, or their political committees.   An officeholder is the governor, lieutenant governor, attorney general, secretary of state, comptroller, or treasurer.

Landmark Series – Presidential Libraries

This article is one of an ongoing series that focuses on historical and/or significant landmarks.

The information below was gleaned from www.eisenhower.archives.gov/, http://en.wikipedia.org/wiki/Eisenhower, http://en.wikipedia.org/wiki/Interstate_Highway_System, and www.interstate50th.org/docs/ConvoyReport.pdf

Dwight D. Eisenhower  [1890-1969]   34th President of the United States

Legacy of ‘Ike’ Preserved in Presidential Library and Museum

If you drove to work this morning on one of the interstate highways, you should know the idea of having such a limited access, high-speed transportation system first took root in 1919.

It was in the summer of that year, after World War I, that a young U.S. Army Lt. Colonel, Dwight D. Eisenhower, led a military convoy from Washington, D.C. to San Francisco using, in part, the still uncompleted Lincoln Highway (part of today’s U.S. Route 30).

It took the 81 vehicles in the convoy 62 days to make the trip, which is unbelievable by today’s standards. But the Army, and Lt. Col. Eisenhower, wanted to test the realities of East to West military movement of soldiers and material.

That experience, and Eisenhower’s first-hand knowledge of the German Autobahn system, led him to push, as 34^th President of the United States, for creation of the Interstate Highway System, which was established by the Federal Highway Act of 1956.

This story of what is today called the “Transcontinental Motor Convoy” and the founding of the Interstate Highway System is part of the myriad of exhibits and information visitors can find at the Eisenhower Presidential Library in Abilene, Kan., which this year is marking the 40^th anniversary of Eisenhower’s death in 1969.

The library is one of a nationwide network of 13 libraries administered by the Office of Presidential Libraries. Not libraries in the typical sense, these complexes serve as repositories to preserve and make public the papers, records, collections, and other historical materials of every President of the United States since Herbert Hoover.

The Interstate Highway System was not President Eisenhower’s only legacy. He was a hero to many Americans whose steady guidance as Supreme Commander of Allied Forces during World War II led to victory in Europe. He was well known for bringing all the Allied military leaders together even though many had different – and competing – agendas.

Elected president in 1951, he and his Vice President, Richard Nixon, took office in 1952 and for the next eight years his administration oversaw the cease-fire of the Korean War, kept up the pressure on the former Soviet Union during the Cold War, made nuclear weapons a higher defense priority, launched the Space Race, and enlarged the Social Security program.

When succeeded by President John F. Kennedy, Eisenhower had left a legacy of relative peace for the United States, dominance in foreign affairs, and extensive suburban expansion that changed the face of America.

Born on Oct. 14, 1890, in Texas, Eisenhower has the distinction of being the last president born in the 19^th Century. He earned his Army Commission in 1915 upon graduation from the United States Military Academy at West Point. The year of 1915 was a special graduating class at West Point, as 59 members of the class became Army generals – many of them serving in World War II.

Eisenhower considered Kansas, and Abilene, home. While Eisenhower was still president, the Eisenhower Foundation raised funds through public gifts to build a museum constructed of Kansas limestone in Abilene. The museum was dedicated on Veterans Day 1954, and housed the materials and objects related to Eisenhower's life up to that time.

Today, it has become the Eisenhower Presidential Library & Museum and has more than 30,000-square feet of exhibits, galleries, and displays of Eisenhower’s military career and tenure as president.

The complex is divided into five major areas: Introductory Gallery, Temporary Gallery, Mamie Eisenhower Gallery, Military Gallery, and Presidential Gallery. Exhibits are frequently changed in the Temporary Galley so visitors can experience something new.

For more information:
Eisenhower Presidential Library & Museum
200 S.E. 4th Street, Abilene, KS 67410

877-RING-IKE
(877-746-4453)

http://www.eisenhower.archives.gov/eisenhower.library@nara.gov

State and Federal Communications, Inc. Scrapbook

Elizabeth Z. Bartz, Ohio Governor Ted Strickland, and John Chames	Elizabeth with Jim Ruvolo
Katrina Iserman [Wyeth] with Kate Kulesher [Wyeth]	Congressman Brian Moran [VA] and Tim Kichline [Edison]
Nola Werren, Elizabeth Bartz, and Tony Pasquale	Katrina Iserman [Wyeth] with Greg Hoke [Reckitt Benckiser]