A special election will be held February 28, 2017, to fill General Assembly vacancies.

Seats for Senate Districts 2 and 32 as well as House District 115 were vacated when the legislators resigned to take other positions within state government.

Sen. Eric Coleman resigned to seek a state judgeship, Sen. Rob Kane hopes to be appointed state auditor, and Rep. Steven Dargan will serve on the Board of Pardons and Paroles. All three lawmakers won re-election in November.

Corpus Christi, Texas City Council will meet Tuesday to discuss new recommendations to the ethics code to further tighten rules for City Council members. The Council unanimously approved the new code during a first vote last week.

If approved on the second vote, it will be formally adopted by City Council. If adopted, the modified code would ban council members from appointing people to city committees and boards if the appointee contributed more than $2,700 to the council member’s campaign in the previous election. This would not ban the contributor from appointment, but would require a council member who did not receive contributions meeting the threshold to appoint the person.

Additionally, the prospective code broadens who falls within what is called the circle of influence and indicates a conflict of interest if a person with a specific relationship to a council member would profit from a council member’s vote. The current circle of influence includes direct family members but could be expanded to cover employers of family members and household members if the new code is adopted.

Elizabeth Bartz, president and CEO of State and Federal Communications, was excited to stand with the Akron community in celebrating the life and legacy of the Reverend Dr. Martin Luther King, Jr. at the Akron Urban League MLK Celebration on January 16, 2017.

The Akron Urban League presented its inaugural Lifetime Achievement award to Reverend Ronald J. Fowler and featured Keynote Speaker Antwone Fisher.

State and Federal Communications was proud to be a sponsor of this superb event. Elizabeth Bartz serves on the organization’s Board of Directors.

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Legislators will attempt to pass a major ethics reform for the second time after their effort during the 2015 legislative session failed. The plan gained wide spread support in 2015 but was ultimately defeated in the House due to a provision increasing donor disclosure requirements for dark money groups.

The new reform package, Senate Bill 14, has four main provisions to:

• Prohibit politicians convicted of felony corruption charges from collecting state pensions
• Require disclosure if companies a lobbyist is tied to have received government contracts or served as bond counsel to a governmental entity
• Decrease the amount of money lobbyists can spend on food and drinks for legislators without triggering disclosure
• Ban registered lobbyists from running for elected office

Sen. Van Taylor who is sponsoring Senate Bill 14 has said reform is needed beyond the provisions of the reform package and will continue to file additional ethics bills. While Senate Bill 14 has not yet been filed, Taylor has filed Senate Bill 137 aiming to prohibit state agencies from using state funds to employ a person who is registered as a lobbyist or who engages in lobbying activities.

Gov. Greg Abbott supports the passage of an ethics package.

Photo of the Texas State Capitol By LoneStarMike via Wikimedia Commons

New Mexico lawmakers have recently introduced several ethics bills.

House Bill 119 would make it unlawful for a state legislator or legislative candidate to solicit or accept a contribution, even absent any political purpose.

House Bill 73 seeks to create a two-year revolving door provision prohibiting former statewide elected officials, public regulation commissioners, legislators, and cabinet secretaries from accepting compensation as lobbyists for a period of two years after terminating their service. The bill would also prohibit a lobbyist employer from compensating any of the aforementioned persons during the two-year period.

State Sen. Daniel A. Ivey-Soto introduced Senate Bill 72, also known as the Public Accountability Act (PAA). If passed, the PAA would create the Public Accountability Board (PAB) with enforcement powers over the compliance provisions of various public acts including, but not limited to, those related to campaign finance reporting, lobbying, public accountability, ethics, and procurement.

The PAB would serve as an adjunct agency with the secretary of state, members of the board of commissioners of the state bar, the governor, and the chief justice of the supreme court each appointing three members, respectively. Among its provisions, the act amends the definition of lobbyist and prohibits lobbyists and government contractors from serving on the PAB. If passed, several of the sections would be effective as soon as July 1, 2017, while the PAB would not gain enforcement powers over many of the listed acts until July 1, 2019.

A proposed amendment to the Florida Constitution seeks to slow the revolving door between public officials and lobbyists.

Currently, members of the legislature, statewide officials, and appointed officials must wait two years before lobbying on behalf of a principal.

The amendment, PCB 17-01, would extend the cooling-off period to six years. The change, proponents say, would prevent officials from ingratiating themselves to lobbyists in hopes of landing a high paying position after leaving office.

The amendment is being considered by the House Public Integrity and Ethics Committee and will be voted on at the Committee’s next meeting.

Lawmakers in Washington have introduced two bills to enhance campaign finance disclosure and ethics laws.

Senate Bill 5108 aims to increase transparency of “gray money” by limiting political action committees from receiving 70 percent or more of their contributions from other political committees.

Another proposal, House Bill 1159, seeks to establish revolving door provisions requiring former state officials to take a yearlong “cooling-off” period before they can become lobbyists.

The Senate Committee on Legislative Procedure is considering a new rule to ban lobbyists from the chamber and adjacent hallways during working hours.

The committee is expected to reconvene tomorrow for a vote on the proposal. If adopted, Senate President Pro Tempore, Brock Greenfield, would have the authority to implement the new measure.

The Colorado Independent Ethics Commission recently issued a position statement notifying home-rule municipalities of its intent to consider ethics complaints against local officials and employees if their local ethics codes are less restrictive than state law.

Constitutional Amendment 41, passed by voters in 2006, sets a $59 (adjusted for inflation) gift limit for public officers, legislators, local government officials and government employees as well as for their spouses and dependent children. More than 70 municipalities, however, are designated as home-rule and, therefore, can adopt local ethics rules in lieu of state law. In addition to the opt-out provision, there is also a provision allowing other local governments to adopt stricter ethics rules.

According to the commission, the constitutional provision permitting local governments to enact more stringent rules still applies to those home-rule municipalities choosing to opt out of the state law provisions.

Critics of the position statement, including Colorado Ethics Watch and Colorado Common Cause, believe the commission is misinterpreting Amendment 41; local governments with home-rule powers should be permitted to opt out if they adopt local laws covering the same ground. They dispute any interpretation wherein Amendment 41 simultaneously applies to and does not apply to home-rule municipalities with adopted ethics rules.

City attorneys throughout the state are currently taking no action while the Colorado Municipal League looks at potential legal options.

Louisiana Gov. John Bel Edwards said on Friday a special session of the legislature is likely necessary to remedy a $313 million deficit in the state’s budget. Gov. Edwards stated last week that any deficit beyond $300 million would automatically trigger a special session as it would exceed the amount he can cut from the budget on his own.

Due to Louisiana’s legal framework, a special session will allow budget cuts to be balanced for agencies across the board while higher education and healthcare would be the target if the cuts are done while the Legislature is not in session. Gov. Edwards is also considering making use of the state’s rainy day fund to close the budget gap. No date for the special session has been set but mid-February is being discussed as the target date.

See what’s happening in government relations this week in our News You Can Use Video Digest. Enjoy!

On January 12, the Federal Election Commission (FEC) was unable to agree on a policy to clarify when and if a U.S. domestic subsidiary corporation of a foreign national is illegally involved in political activity.

Federal law prohibits foreign nationals from directly or indirectly making contributions, donations, expenditures, independent expenditures, and disbursements in connection with federal, state, or local elections. FEC regulations also prohibit foreign nationals from directing, controlling, or participating in the decision-making process of any person, such as a corporation, with regards to decisions concerning the making of contributions, donations, expenditures, or disbursements in connection with elections in the U.S.

Additionally, the FEC was unable to reach an agreement on the creation of a safe harbor for political committees to accept corporate contributions deemed not to have come from foreign national sources.

In response, Vice Chair Caroline C. Hunter and Commissioners Matthew S. Petersen and Lee E. Goodman issued a statement.

A previous attempt to reach an agreement on this issue in September also failed.

According to the American Civil Liberties Union (A.C.L.U.) and New York Civil Liberties Union (N.Y.C.L.U.), Attorney General Eric Schneiderman will not enforce certain provisions of the ethics law passed in 2016.

Specifically, Schneiderman is holding off on enforcing provisions of the New York Executive Law related to charitable lobbying donations (N.Y.E.L §172-e, f) until a federal lawsuit is decided. Schneiderman and officials from the Joint Commission on Public Ethics are both listed as defendants in the lawsuit filed by the A.C.L.U. and N.Y.C.L.U.

Plaintiffs contend the law requiring 501(c)(3) charities to disclose all their donors who contributed more than $2,500 to a substantial lobbying campaign run by an issue-oriented 501(c)(4) is unconstitutional and they are seeking an injunction prohibiting enforcement the ethics law.