August 16, 2011 •
FPPC Issues Notices to Adopt Regulations
Regulations address behested payments and terminated committees
The Fair Political Practices Commission has issued a notice to adopt two new regulations. The commission has also announced it will hold a public hearing on September 22, 2011 to consider the proposed regulations. The regulations to be considered have previously been made available for public comment and have since been revised.
The first proposed regulation to be considered modifies the reporting requirement for payments made at the behest of an elected officer which is made principally for a legislative, governmental, or charitable purpose in the aggregate amount of $5,000 or more. The regulation requires that a behested payment report be filed within 30 days of the date the payment is made. The Commission is considering whether a communication made on behalf of a charity which results in a donation is a behested payment.
The second proposed regulation would allow committees that have terminated to accept refunds from governmental entities and unexpected refunds from any other entities totaling $10,000 or less after termination of the committee. It would also permit terminated committees to transfer refunds to other committees without having to reopen the terminated committee. Refunds that are transferred to a new committee would be reported as if they had been received prior to termination and attributed accordingly when transferred to the new committee.
Original image of the Seal of the State of California by Zscout370 on Wikipedia.
August 15, 2011 •
West Virginia Governor Calls Additional Special Session
Will Address Redistricting
West Virginia Governor Earl Ray Tomblin has called another special session of the state Legislature to address redistricting following his veto of the redistricting bill passed during the last special session.
The special session will begin at noon on Thursday, August 18, 2011.
Photo of the West Virginia State Capitol building by Analogue Kid on Wikipedia.
August 1, 2011 •
Santa Clara Court Strikes Down Ban on Late Contributions
Contributions permitted through election day.
Santa Clara Superior Court Judge James P. Kleinberg has issued a proposed decision striking down a San Jose law that bars campaign contributions to candidates during the 17 days leading up to an election.
The proposed decision will be finalized in August.
July 28, 2011 •
Chicago City Council Passes Ethics Ordinance
Includes Five Key Provisions
On July 28, 2011 the Chicago City Council passed a new ethics reform ordinance. The ordinance is part of Mayor Rahm Emanuel’s efforts to provide more government transparency.
The new ordinance includes five key provisions. First, it creates a searchable online system for lobbyist registration and reporting. Second, it adds the term “lobbyist” to the group of people subject to the $50 gift restriction per single non-cash gift and $100 aggregated gift limit per each calendar year. Third, the new ordinance prohibits city employees, officials, or their businesses from applying for or receiving loans from lobbyists.
Fourth, the ordinance amends the semi-annual lobbyist activity report form to require lobbyists to disclose all campaign contributions to city elected officials and city employees running for office. Lastly, the ordinance codifies the revolving door provision created by Mayor Emanuel’s May 16, 2011 executive order.
Photo of the Chicago River by Robert S. Donovan on Wikipedia.
July 27, 2011 •
West Virginia to Hold Special Session
Begins August 1
West Virginia Governor Earl Ray Tomblin has called a special legislative session.
It will begin at noon on August 1, 2011.
Here is the press release on the Office of the Governor website and a link to the West Virginia Legislature website.
July 26, 2011 •
Los Angeles County to Consider Campaign Finance Amendments
Campaign Finance Amendments to be Introduced
Amendments to the Los Angeles County campaign finance laws are expected to be introduced at the July 26, 2011 meeting of the Los Angeles County Board of Supervisors.
The current campaign finance ordinance prohibits PACs and political parties from making contributions to county candidates and prohibits inter- and intra-candidate transfers of funds.
The proposed campaign finance amendments would increase individual campaign contribution limits as well as permit contributions from PACs and political parties.
Under the proposed amendments, inter-candidate transfers would be treated as individual contributions.
Intra-candidate transfers between a prior and current campaign account would be permissible and subject to regulatory measures.
July 20, 2011 •
U.S. District Court Strikes Down West Virginia Campaign Finance Laws
Court strikes down electioneering communications law
Judge Thomas Johnston of the U.S. District Court for the Southern District of West Virginia has struck down key provisions of campaign finance law pertaining to electioneering communications.
In a suit filed by West Virginians for Life and the Center for Individual Freedom, the court held that while the state of West Virginia could regulate advertisements that “can have no other reasonable meaning than to urge the election or defeat of one or more clearly identified candidates,” the state could not require financial disclosures from third party groups creating advertisements that are merely “susceptible” to the interpretation that they are an appeal for or against a specific candidate.
Further, the court struck down the extension of electioneering communication regulations to print media while upholding the applicability of such regulations to broadcast media.
July 19, 2011 •
Cuyahoga County to Hold Additional Vendor Ethics Training Sessions
Will be offered for various service providers
The Cuyahoga County Executive and Inspector General, in collaboration with the United States Attorney for the Northern District of Ohio have announced plans to offer additional vendor ethics training courses.
The first vendor ethics course was offered for construction vendors only. Training sessions will soon be scheduled for health and human services providers, professional services providers, and miscellaneous service providers.
July 12, 2011 •
Alabama Law Challenged for Violating First Amendment Rights
Law Restricting Political Contributions Challenged
ALABAMA: The Alabama Democratic Conference has filed a lawsuit against Alabama Attorney General Luther Strange and two district attorneys alleging that a new Alabama law violates the Conference’s first amendment rights by placing restrictions on political contributions.
The new law bans the transfer of money from PACs, 527 groups, and private foundations to other PACs, 527 groups, and private foundations.
July 6, 2011 •
Chicago Mayor is Set to Introduce New Ethics Ordinance
New Chicago Lobbyist Regulations
On Wednesday July 6, 2011, Mayor Rahm Emanuel will introduce a new ethics ordinance containing “the most comprehensive lobbyist disclosure database in the nation.”
Key components of the proposed ordinance include the creation of a searchable real-time database, a $50 gift limit per single non-cash gift given by a lobbyist, a $100 aggregate gift limit per calendar year on gifts from lobbyists, a prohibition on city employees, officials, or their businesses receiving loans from lobbyists, an amendment to the semi-annual lobbyist report form requiring lobbyists to disclose campaign contributions, and a codification of an executive order issued by Mayor Emanuel in May which bars employees from lobbying the city after leaving city employment.
July 1, 2011 •
More News from the States
News from Five State Legislatures
DELAWARE: The 146th Delaware General Assembly concluded its first regular session June 30, 2011.
IOWA: The Iowa General Assembly adjourned sine die.
NEW HAMPSHIRE: The New Hampshire Legislature adjourned June 30, 2011.
OREGON: The 2011 regular session of the Legislature adjourned sine die on June 30, 2011. Governor John Kitzhaber has 30 days, excluding Saturdays and Sundays, to act upon any bill he receives within the last five days of the session, or the legislation becomes law without his signature.
RHODE ISLAND: The Legislature’s 2011 regular session recessed today. Any bills submitted to Governor Lincoln Chafee must be signed or vetoed by July 10. There is no pocket veto.
June 28, 2011 •
West Virginia to Review Public Funding Program
Secretary of State Tennant will discuss the issue with the governor and attorney general.
In response to the U.S. Supreme Court decision which struck down Arizona’s public funding matching system, West Virginia Secretary of State Natalie Tennant has indicated that West Virginia will review its own public funding program.
West Virginia’s public funding program, approved by lawmakers in 2010, is set to begin with a pilot project involving two state Supreme Court seats up for election in the 2012 general election. West Virginia’s law would give candidates who opt into the program more state money as spending by their opponents or independent expenditures by third parties increased.
Tennant has stated that she plans to meet and discuss this issue with Governor Earl Ray Tomblin and Attorney General Darrell McGraw.
Photo of Natalie Tennant courtesy of Natalie Tennant on Wikipedia.
June 22, 2011 •
Illinois Changes Lobbyist Activity Reporting Requirements
Effective June 21, 2011, authorized agents do not have to complete the activity detail report as it pertains to lobbying activities not associated with a reportable expenditure.
Only lobbying activities that are associated with a reportable expenditure require the completion of the activity detail report.
The Illinois Secretary of State will be modifying the reporting process in the coming weeks to reflect this change. Activity detail reports for activity not associated with an expenditure that were previously filed do not need to be amended to reflect this change.
The reporting of lobbyist activity associated with a reportable expenditure remains unchanged.
Photo of Illinois Secretary of State Jesse White courtesy of the Illinois Secretary of State website.
June 21, 2011 •
New Iowa Lobbyist Reporting Structure to Take Effect
Iowa will begin implementing its new lobbyist reporting structure on July 1, 2011.
All lobbyists, for both the legislative and executive branches will file their reports with the legislative branch. Executive branch lobbyists will not have to register with the legislature as legislative branch lobbyists. They will, however, have to register for the online reporting system used by the legislative branch.
The legislative branch will be sending a letter with directions and passwords for the new system to all registered executive branch lobbyists and their clients. The online system will open to executive branch lobbyists on July 1st, 2011.
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.