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As we come up on
the July 4th holiday, I get that patriotic
feeling going strong. As I relate this to
lobbying, I realize it is our inherent right as
a free society to lobby our legislators; in fact the
right to petition the government is protected in
the Constitution. The lobbying profession is
based on getting legislation written, passed, or
defeated, as it relates to a client’s
interests. This is the American way – it has
been going on for many years and we should be
proud that we have this right.
Historically,
lobbying was handled somewhat differently than
today. An article in THE WEEK (February 24,
2006) relates the stories of early lobbying
where extra inducements were offered in 1800s…
“Gun manufacturer Samuel Colt had his agents
slip lawmakers $10,000 in cash, and for good
measure passed out fancy revolvers, to win
support for a patent extension. In 1833,
financier Nicholas Biddle wanted to stop the
government from withdrawing huge deposits from
his bank. He called upon a powerful senator,
Daniel Webster, for help. Webster wrote back
that if Biddle wanted his assistance, ‘it may
be well to send me the usual retainers.’
Webster delivered an impressive speech on the
banker’s behalf, Jeffrey Birnbaum wrote in THE
LOBBYISTS, and was promptly paid $10,000. Back
then, such payments weren’t considered a
crime. They were ‘business as usual’.”
In
that same article, THE WEEK now estimates that
“42 percent of the members of Congress who
have left office since 1998 have gone on to
become lobbyists themselves.” And… “In the
past five years, the number of lobbyists has
doubled to more than 30,000.”
That’s
a lot of new faces in the field. Everyone
realizes that lobbying is now a serious
business. Obviously the downside to this message
is that not everyone adheres to the rules of the
game, or they may not even know the relevant
laws related to lobbying, which change
constantly. |
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That’s
why we’ve been successful at State
and Federal Communications. We work
within the framework of the lobbying
legislation now in existence and
bring this knowledge to our clients
in an expeditious matter through our
frequently updated website. We want
our clients to be successful in
their lobbying efforts, but we also
strive to help them do this in a
totally compliant and professional
manner!
So as we
come upon on our national day of
independence, remember our right as
individuals and institutions to take
an active role in the political
lobbying process. It is protected by
the Constitution! |
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Elizabeth
Z. Bartz
President and CEO
State and Federal Communications, Inc.
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Happy
Anniversary
Although we have been providing service to our clients for
more than 30 years, we are pleased to announce we are
celebrating our 13th Anniversary at State and Federal
Communications as a privately owned corporation, based in
Akron.
We’d like to thank all our employees,
suppliers, and most especially, our valued clients and
subscribers for your loyal commitment to our services
each year. |
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2006
NCSL Will Be a Blockbuster
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At
the Annual Meeting & Exhibition of the National
Conference of State Legislatures from August
15-18 in Nashville, there will be a host of
activities. To begin with, here are key speakers
each day at the conference:
•
Wed. 16th, 8:30 a.m.
- Doris Kearns Goodwin, world-renowned
historian and author
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Thu. 17th, 2:15 p.m.
- David Wyss, chief economist at Standard
& Poor’s
•
Thu. 17th, 7:00 a.m.
- Christine Todd Whitman, former New Jersey governor
and EPA administrator
•
Fri. 18th, 8:30 a.m.
- Peter Hart, a leading public opinion
analyst for more than 27 years
•
Fri. 18th, 8:30 a.m.
- Frank Luntz, one of America’s most
honored communications professionals
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To
see the full agenda of the events, seminars, and
exhibition schedule, go to
http://www.ncsl.org/annualmeeting/
State
and Federal Communications will again
participate as an exhibitor and we encourage you to visit
our booth. In attendance for us will be Elizabeth Bartz, Scott Stetson, Nola
Werren, and Ren Koozer. |
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Here’s
our ‘Lucky Seven List’
for what's hot at this year’s NCSL. Starting with…
#7
ATTEND Dollywood
– No, its not Hollywood with thousands of stars. This is
Dollywood, the unique entertainment at Dolly Parton's
Smoky Mountain world. There are more than 40 live performances
each day and 30 rides and attractions for kids of all
ages, including the Mountain Sidewinder, voted the top
non-roller coaster thrill ride in America.
#6
TASTE some ‘Jack’
– Take the NCSL-sponsored tour of the Jack Daniel's
Distillery in Lynchburg, about 70 miles south of
Nashville. It's the only place this sour mash whiskey is
made. Sampling is optional.
#5
ENJOY the Nashville cuisine
– There’s plenty of great restaurants. If you are
entertaining legislators, make sure you know and document
who is at your dinner table. Legislators from Iowa,
Massachusetts and Wisconsin (to name a few) are prohibited
to accept your invitation.
#4
HONOR The King
– The legacy lives on at Graceland, the home of Elvis
Presley. It’s a bit of a drive from Nashville, but you
should know this is the 2nd most visited house in the
United States behind the White House and you can’t even
get in there any more. As a bonus, it’s Elvis Week then,
which is a major event in Memphis. We hear that President
Bush and Mrs. Bush will accompany Prime Minister Junichiro
Koizumi of Japan to Memphis on June 30 to visit Graceland.
So why not you too?
#3
MINGLE Around – Get
to know SGAC (State Government Affairs Council)
and attend the group’s fantastic Late Night Event at the
Red Iguana on Tuesday, August 15, 9-12pm. The event is
open to all SGAC members. You’ll enjoy it. In the past
these late night events have drawn a standing room only
crowd.
#2
SEE AND HEAR LeAnn
– Country superstar LeAnn Rimes will perform in a
private concert for NCSL attendees, with an evening of
Southern cuisine at the Tennessee Legislative Plaza,
Thursday, August 17 from 6:30-9:30 p.m. A must-do.
#1
MEET US - the
State
and Federal Communications team at the
conference exhibit Booth 612
and see us wearing our new button for 2006! |
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 Changes
in Executive Branch Lobbying |
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IDAHO
On March 22, 2006, Governor Kempthorne signed House Bill 707
requiring registration and reporting for executive branch
lobbying activity effective July 1, 2006. Lobbyists
currently registered to lobby the legislative branch will have
to amend their registrations if they will engage in executive
branch lobbying activity. Registration will be with the
secretary of state. Registration may be for either branch
individually, or both branches. |
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House Bill 707 modifies the definition of lobbying to include
attempts to influence an executive branch official regarding the
amendment, adoption, or rejection of any rule, ratemaking,
procurement, contract bid, financial services agreement, or bond
issue.
Lobbyists registered for executive branch activity only will be
required to file semi-annual reports in January and June of each
year. A lobbyist registered for both legislative and
executive branch lobbying will file monthly reports inclusive of
activity for both branches while the legislature is in session,
and then an annual cumulative report.
Electronic registration and reporting will not be available.
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NEW
HAMPSHIRE
With the passage of Senate Bill 206 (Chapter 21
of the Laws of 2006, effective June 2, 2006), lobbyists are now
required to file monthly reports for each client for whom there
are reportable transactions from the prior month. The reports
must also include the aggregate amount of fees received during
the calendar year to the end of the reporting month. The reports
must be filed with the secretary of state's office by the second
Friday of each month.
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Although monthly reporting was to begin in June, the New
Hampshire secretary of state has determined that due to the
possible passage of HB 1761, which would amend reporting
requirements, the first monthly report will not be due until
July 14, 2006.
New Hampshire secretary of state's office has indicated the July
14, 2006 statement of aggregate fees received year-to-date in
calendar year 2006 will provide disclosure of fees received
between April 1, 2006 and June 30, 2006. Therefore, there will
be no gap in reporting. The year-to-date aggregate amount
reported in July, less the amount of fees that were reported in
the April 2006 report, will equal the amount received between
April 1, 2006 and June 30, 2006.
If a lobbyist has completed all lobbying activities for a
particular client for the 2006 legislative session, the lobbyist
may withdraw his/her registration with the secretary of state's
office by writing a letter requesting such withdrawal. Lobbyists
who choose to withdraw in this manner will not be required to
file the statement of fees and expenditures that are now
required under SB 206. However, these lobbyists will still be
required to file the report of receipts and expenditures that is
due on August 15, 2006 for the reporting period April 2, 2006
through June 2, 2006.
Lobbyists currently registered will not need to complete a new
registration form. The current registration is legally valid and
will not expire until December 1, 2006. New lobbyists may use
the forms that are currently available at the secretary of
state's office until such time as the new forms can be drafted.
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How
to Determine Your Pro-Rata Share of Salary
Many states require
you to disclose your pro-rata share of salary attributable to lobbying.
We have heard various ways of how that is completed and we want to share
with you our formula for providing an accurate accounting of your
activities.
One of the ways we
have heard people arrive at the calculation is to take the salary and
divide it into the number of states in the region. That's a good way to
start, but we want to warn you that you could be over-reporting compensation in that state because not all of your time is attributable
to lobbying.
Try this way of
determining your pro-rata share of salary. The product of your
multiplication results in your hourly rate. Once you have that you can
easily determine your pro-rata share of salary by multiplying your
hourly rate and the number of hours you lobbied in that particular
state. This is a tried and true method used at State and Federal
Communications, Inc. It has passed audits in a number of states!
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Determine your hourly rate
by dividing your annual salary by 2,080.
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For example, if your
annual salary is $100,000, the calculation is as follows:
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2,080 is the number of
hours in a work year.
(Based
on 40 hours a week, 52 weeks a year.) |
$100,000 ÷ 2,080 = $48.08
(This
is your hourly rate.) |
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Take the number of hours
you spent lobbying in that one state and multiply it by
your hourly rate. |
You spent 30 hours last month
in your state, so you multiply
30 x $48.08 |
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You have your pro-rata
share of salary. |
Your pro-rata share of
salary is $1,442.40. |
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Meet
John
Cozine, Esq., Research Manager
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John oversees a team of
State Researchers who update the series of Executive Source
Guides from State and Federal Communications.
When asked why the company’s clients should check the website
each week, he comments, “The State and Federal Communications
website is always evolving. We continually update and change
newly mandated legislation, including posting immediate changes
when needed that may affect and impact our clients on a timely
basis. |
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See Us in Person
Plan
to say hello at future professional development events where
State and Federal Communications will be attending and/or
speaking regarding compliance issues.
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NCSL
National Conference
August 15 - 18, 2006
Nashville, Tennessee
www.ncsl.org
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