$695,000 spent in state by lobbyists in quarter

Animal welfare, gun safety groups top list

A lobbyist for the Humane Society of the United States and a lobbyist for Everytown for Gun Safety Action Fund spent more than $78,000 and more than $58,000, respectively, during this year’s regular legislative session.

Their reported amounts were the most spent by any of the state’s more than 350 registered lobbyists during the first three months of this year.

During the first quarter, lobbying expenses totaled about $695,000 — up from about $650,000 in the same period in 2015, the previous regular legislative session. This year’s General Assembly convened Jan. 9, recessed April 3 and adjourned May 1. This year’s regular session lasted 84 days compared with 82 days in 2015.

By comparison, lobbyists’ overall expenses were $860,000 in the 95-day regular session in 2011 and $1 million in the 101-day regular session in 2013.

The Arkansas Democratic-Gazette compiled figures on total lobbying expenses by reviewing more than 1,150 monthly reports 359 registered lobbyists filed during the first quarter.

This year’s regular session is the second since voters in November 2014

passed Amendment 94 to the Arkansas Constitution. The amendment bars lobbyists from buying meals and drinks for lawmakers in onein-one meetings and small groups. That prohibition has reduced lobbyists’ reported wining-and-dining spending.

Amendment 94 allows lobbyists to buy food and drinks for lawmakers at “a planned activity” to which the entire Legislature, the House, the Senate or a legislative committee is invited in a written invitation distributed electronically at least 24 hours before the event.

The regular legislative sessions over the past two years have been shorter than previously, which also has reduced expenses reported by lobbyists. Also, lobbyists are no longer required to disclose in lobbyist reports their contributions to the Senate president pro tempore dinner and House speaker’s ball — two expensive events.

In addition to lobbyist reporting requirements, Amendment 94 extended the amount of time lawmakers may serve in the Legislature; created a citizens commission to set salaries for state elected officials; banned direct corporate and union contributions to state elected officials; and extended to two years the period former lawmakers are required to wait before they can register as lobbyists. The measure was sponsored by Rep. Warwick Sabin, D-Little Rock, and then-Sen. Jon Woods, R-Springdale.

Graham Sloan, director of the Arkansas Ethics Commission, said since Amendment 94 went into effect, he’s received no complaints about a lobbyist paying for a meal for a state lawmaker or a small group of lawmakers. Although, it’s possible such instances occur, and the parties involved don’t divulge it.

The lobbyist who reported spending the most in this year’s regular session was Chris Holbein of Gaithersburg, Md., who lobbies for the Humane Society of the United States.

He spent $78,141.09 during the first three months this year, according to reports he filed with the secretary of state’s office. His expenses included $75,935.20 on advertising; $1,399.04 on food, lodging and travel; and $806.85 for telephone expenses, according to his reports.

Holbein is public policy director for farm animal protection at the Human Society of the United States.

He said he bought newspaper, television and online ads to urge people to call lawmakers and defeat the “ag-gag” bill, House Bill 1665 by Rep. De Ann Vaught, R-Horatio, that’s now Act 606 of 2017.

Act 606 creates a civil cause of action to punish people for unauthorized access to commercial property.

Under the measure, a person who knowingly accesses a nonpublic area of commercial property and engages in an act there that exceeds his authority can be held liable for any damage that the owner or operator suffer. Commercial property includes a business, agricultural or timber production operations, and residential property that’s used for business purposes.

“We have waged major campaigns in whatever states these pop up in,” Holbein said in a telephone interview last week. “We have helped defeat [measures in] more than 30 states across the nation, but a handful have passed over the past five years.”

Beyond Arkansas, he said, Idaho, Iowa, Missouri, North Carolina and Utah have enacted such laws in that fiveyear period.

“The measures are meant to intimidate and suppress whistleblowers and undercover investigators to prevent people from exposing animal cruelty in meat, ag and dairy industries,” he said.

The Poultry Federation, Arkansas State Chamber of Commerce and agricultural groups pushed for the legislation in Arkansas, and “because of the clout that the poultry industry has … they were able to pass this bill,” Holbein said.

But Poultry Federation President Marvin Childers of Little Rock, a former Republican state representative from Blytheville, said: “We didn’t actively engage in this bill.

“I didn’t lobby anybody on House Bill 1665. I had too many other things on my plate,” he said. “We didn’t have anything to do with drafting it. … I hate to even respond to extreme groups like HSUS. His comments are so factually inaccurate they don’t even warrant a response.”

During the first three months of this year, Childers reported $84 in lobbyist expenses on food, lodging and travel.

Vaught said the Arkansas State Chamber of Commerce proposed the legislation.

Chamber President Randy Zook said the bill was based on similar measures drafted by the U.S. Chamber of Commerce and Arkansas Farm Bureau.

“It is called ag-gag, but it impacts all businesses,” said Stanley Hill, vice president of public affairs and government relations for the Farm Bureau.

“It is making sure that people who pose as employees are on the up and up on why they are there. Our angle is what is going on at the farms, and we don’t want trespassers to have unauthorized access,” he said.

Hill said the bill doesn’t affect whistleblowers. “If a farm practice is illegal, it’s still illegal and should be opposed.”

Holbein said he asked during a meeting with the governor’s staff that Gov. Asa Hutchinson veto the bill, but the Republican governor signed it.

“This law protects employers from employees who might use their access to intentionally cause damage to the employer,” Hutchinson said in a written statement. “This is a breach of trust from a position of loyalty, and should not be used to cause harm. Furthermore, this is balanced legislation that acknowledges that all whistle-blower protections under state or federal law will remain in place.”

Hill is among eight lobbyists who reported spending at least $20,000 during the first three months of this year.

Most of Hill’s $20,481.51 in lobbying expenses were for food, lodging and travel, postage and printing, according to his reports.

Jeff Pitchford of Little Rock, director of state affairs for the Arkansas Farm Bureau, also is among lobbyists who reported at least $20,000 in expenses during the first three months of this year. He reported spending $20,568.93, including $8,476.75 for Farmers Day at the state Capitol. That event was held Feb. 8 at Next Level Events, and all lawmakers were invited. Hill said the Farm Bureau pays for about 100 farmers to go to the Capitol on that day.

Pitchford’s expenses also included a $5,000 contribution to the state Republican Party for the Reagan-Rockefeller dinner in July and a $3,500 contribution to the state Republican Party to help pay for the House speaker’s ball and the Senate president pro tempore dinner. The speaker’s ball was held March 16 in Little Rock at the Robinson Center ballroom and the president pro tempore’s dinner was March 30 at the Junior League building.

Two years ago, several lobbyists amended their reports to disclose contributions to the Republican Party for the speaker’s ball and the president pro tempore’s dinner, even though they said they weren’t sure the then-new law required it. They said they reported the spending out of “an abundance of caution.”

During this year’s legislative session, House Bill 1401 — sponsored by House Speaker Jeremy Gillam, R-Judsonia — was “amended in the Senate to allow political parties to host the events,” Sloan said. The bill became Act 312 earlier this year.

“Part of the amendment included ‘clarification’ that political parties aren’t lobbyists,” Sloan said in an email.

“Historically, the events in question were paid for by lobbyists. Under Article 19, §30 [of the Arkansas Constitution], there were potential problems with that scenario. The bill … cleared the way for political parties to pay for the events. Lobbyists are not prohibited from making contributions to political parties,” Sloan said.

Contributions to political parties don’t meet the definition of lobbying, Sloan said.

The state Republican Party received about $120,000 in contributions to help pay for the speaker’s ball, a reception beforehand, a spouses’ brunch the morning after, the president pro tempore dinner and a reception afterward. Most of the $120,000 was spent on preparing for, organizing and implementing those five events, said state Republican Party Chairman Doyle Webb.

Cori Menkin of New York, a lobbyist for Everytown for Gun Safety Action Fund, reported spending the second-highest amount among lobbyists in the first quarter.

Everytown for Gun Safety includes the Arkansas chapter of Moms Demand Action for Gun Sense in America that opposed House Bill 1249 by Rep. Charlie Collins, R-Fayetteville. That bill is now Act 562.

It creates an “enhanced” concealed-carry handgun license to allow permit-holders with up to eight hours of extra training to carry their weapons onto the campuses of public colleges and into many publicly funded buildings, including the state Capitol.

The Legislature subsequently passed Senate Bill 724 by Senate President Pro Tempore Jonathan Dismang, R-Searcy — which is now Act 859 — that’s aimed at barring concealed-carry permit-holders from Razorback Stadium at the University of Arkansas, Fayetteville and at other locations hosting collegiate sporting events, plus the University of Arkansas for Medical Sciences and the State Hospital.

Menkin reported spending $58,691.57 during the year’s first quarter. Menkin’s expenses included $44,334.68 for advertising, $13,737.75 for telephone costs, and the rest went for food, lodging, travel and printing, according to his reports.

Menkin could not be reached for comment by telephone last week.

“Wow,” Collins said Friday when informed about the group’s lobbying expenses. “It is consistent with the continued presence and tenacity and engagement of that group. That group came out of nowhere and have been very active in the debate.”

Mullenix & Associates — the lobbying firm that includes former Rep. Ted Mullenix, R-Hot Springs, and his wife, Julie Mullenix — reported spending the third-highest amount on lobbying during the first three months of this year.

According to its reports, the firm’s expenses included $21,684.46 for the Arkansas Realtors Association legislative reception on Feb. 22; a $5,735.45 legislative reception on Feb. 14; and $1,470.90 for a Feb. 1 legislative breakfast for the Big River Steel company, which has a plant in Mississippi County.

It also reported spending $1,532.95 for a Senate luncheon on March 8; $1,979.45 for a legislative review committee dinner for Oaklawn Jockey Club on March 15; and $738.31 to help pay for a March 29 Senate State Agencies and Governmental Affairs Committee dinner for Arkansas Realtors Association.

Ted Mullenix said it’s more difficult to lobby under Amendment 94, which also limits lobbyists to holding one planned event each week.

“You don’t just have the personal contact we had before,” he said. “What’s ironic about it all … is sometimes we never ever talked about our business. People just got to know each other.

“But I’m certainly not complaining,” Mullenix said.

The regular legislative sessions over the past two years have been shorter than previously, which also has reduced expenses reported by lobbyists.