The Minnesota Legislature recently introduced several ethics-related bills during the 91st legislative session.

Senate File 2041 requires public officials to disclose a lobbyist, principal, or other interested person by whom the individual is compensated in excess of $50 in any month for providing services as an independent contractor or consultant.

Additionally, the bill requires both lobbyists and principals to disclose political contributions. If passed, Senate File 2041 will become effective the day following enactment.

Senate File 2039 seeks to prohibit legislators, constitutional officers, commissioners, deputy commissions, assistant commissioners, or heads of any state department or agency from lobbying for seven years after leaving the aforementioned offices or positions.

House File 2391 seeks to prohibit former legislators and certain legislative employees from lobbying the legislature for two years after leaving legislative office or separation from employment.

Senate File 2035 creates a conflict of interest when a legislator or constitutional officer accepts a contribution of more than $500 from a lobbyist, principal, political committee, or political fund with regard to an action coming before the officer when the contributing individual or association has a greater financial interest of greater consequence to the contributor than the general interest of other residents or taxpayers of the state.

If a conflict arises, the covered official must disclose the conflict.

Campaign Finance

Massachusetts: “New Proposal for Massachusetts House Caucus Funding Raises Fears of Legislative ‘Slush Fund’” by Shira Schoenberg for MassLive.com

Elections

California: “L.A. City Council Candidate Sues to Stop Former Ethics Commissioner from Running” by Emily Alpert Reyes for Los Angeles Times

Ethics

National: “Appeals Court Judges Appear Skeptical of Emoluments Case Against Trump” by Sharon LaFraniere (New York Times) for MSN

Indiana: “Complaint Could Cost Attorney General Curtis Hill His Law License – and Elected Position” by Tony Cook, Ryan Martin, and Kaitlin Lange for Indianapolis Star

Missouri: “Voters Approved Clean Missouri, but Lawmakers Want Them to Reconsider” by Galen Barcharier for Columbia Missourian

Oregon: “Cylvia Hayes Settles with Oregonian Over Legal Fees” by Ted Sickinger for Portland Oregonian

Washington D.C.: “D.C. Council Votes to Reprimand Jack Evans Over Ethics Issues” by Fenit Nirappil for Washington Post

Lobbying

New York: “9 Fund-Raisers in 1 Night: Democrats vow reform in N.Y., but money still flows” by J. David Goodman for New York Times

Oklahoma: “Do You Hire Lobbyists? Agencies Face Deadline from Stitt” by Tres Savage for NonDoc

Campaign Finance

California: Donors to D.A. Jackie Lacey Included a Murder Suspect’s Parents and a Convicted Felon by Matt Hamilton and Harriet Myers for Los Angeles Times

Maryland: Baltimore Co. Council Approves Public Campaign Financing Measure by Alison Knezevich for Baltimore Sun

North Carolina: Ex-N Carolina Lawmaker Indicted in Campaign Finance Probe by Gary Robertson (Associated Press) for WRAL

Ethics

National: Mueller Sought Michael Cohen’s Emails Months Before FBI Raid, Warrants Show by Devlin Barrett, Matt Zapotosky, and Rosalind Helderman (Washington Post) for MSN

National: Steve King Posts Meme Warning That Red States Have ‘8 Trillion Bullets’ in Event of Civil War by Reis Thebault (Washington Post) for MSN

Georgia: Former Ralston Aide Takes Over as Georgia Ethics Director by Staff for AP News

Illinois: The Consummate Political Insider Linked to the Burgeoning City Hall Corruption Probe by Jason Meisner for Chicago Tribune

Lobbying

Kentucky: Former Lobbyist to Pay $15,000 Ethics Fine. He Was Already Convicted in Bribery Case. by Bill Estep for Lexington Herald-Leader

Redistricting

Virginia: Supreme Court Divided Over Virginia Redistricting Case and Question of Racial Discrimination by Robert Barnes for Washington Post

Campaign Finance

Canada: “An SNC-Lavalin Lobbyist Attended Liberal Donor Events, Critics Say It Was Cash-for-Access” by Maura Forrest and Jesse Snyder for Cochrane Times

Arkansas: “Former Arkansas Senator Is Fined $11,000 by Ethics Panel” by Lisa Hammersly for Arkansas Democrat-Gazette

Illinois: “Debt Collector Indicted on Pay-to-Play Charges Linked to Circuit Court Clerk Dorothy Brown” by Patrick O’Connell and Megan Crepeau for Chicago Tribune

Minnesota: “Lawmakers Look to Close Campaign Finance Loophole Affecting Minneapolis Elections” by Peter Callaghan for MinnPost

Elections

National: “Workers on Bernie Sanders’ 2020 Campaign Have Unionized” by Juana Summers for AP News

Kentucky: “Kentucky Legislature Passes Bill Stripping Grimes of Authority Over State Board of Elections” by Jessica Huseman for ProPublica

Ethics

California: “California Is Awash in Cannabis Cash. Some Is Being Used to Bribe Public Officials” by Patrick McGreevy for Los Angeles Times

Lobbying

National: “Trump-Connected Lobby Firms Cash in With Foreign Governments” by Theodoric Meyer for Politico

National: “Lobbying Case Against Democrat with Ties to Manafort Reaches Key Stage” by Kenneth Vogel and Katie Benner for New York Times

The New Mexico Legislature adjourned sine die on March 16, 2019.

House Bill 668, relating to the State Ethics Commission Act, was passed by the Legislature on the final day of the session.

The bill creates the new independent ethics commission demanded by voters in the November 2018 election.

The new commission will oversee state public officials and employees and give the commission investigative powers over ethics violations.

The bill is awaiting the governor’s signature. If signed, sections one through eight and 34 of the bill will become effective July 1, 2019.

The remaining sections will become effective on January 1, 2020.

Campaign finance reform, elections changes, and new lobbying and ethics bills passed in this week’s News You Can Use video digest!

Campaign Finance

Nevada: Municipal Election Voters Blind to Campaign Donors by Shea Johnson for Las Vegas Review-Journal

Elections

California: ‘We Got Our Clocks Cleaned’: GOP quietly works to expand ballot-harvesting in California while criticizing Democrats for the practice by Amy Gardner (Washington Post) for San Jose Mercury News

Ethics

National: Former Spa Owner and Frequent Mar-a-Lago Guest Sparks Concerns About ‘Porous’ Environment at President’s Club by Michelle Ye Hee Lee, Emily Rauhala, Lori Rozsa, and Josh Dawsey (Washington Post) for MSN

National: GAO Urges More Transparency of Political Appointments, Compliance with Agency Ethics Programs by Nicole Ogrysko for Federal News Network

Arkansas: Former Arkansas Senator Is Fined $11,000 by Ethics Panel by Lisa Hammersly for Arkansas Democrat-Gazette

Maryland: Baltimore Mayor Pugh Didn’t Disclose Seat on Maryland Medical System Board, as Required on City Ethics Forms by Doug Donovan and Luke Broadwater for Baltimore Sun

Missouri: Missouri Considers Trimming Impeachment After Greitens’ Case by David Lieb for AP News

New Mexico: Legislature Seals Deal on Independent Ethics Commission by Trip Jennings for New Mexico In Depth

Vendors selling internet-of-things (IoT) to the federal government may soon be required to follow certain security guidelines concerning those devices.

House Bill 1668, the Internet of Things Cybersecurity Improvement Act of 2019, introduced into the U.S. House of Representatives on March 11, would require all federal contracts involving the purchase and use of internet-connected devices meet certain security requirements to better ensure these devices are secure against cyber-attacks.

The legislation requires contractors and vendors providing internet-of-things devices to the U.S. government adopt coordinated vulnerability disclosure policies, so that if a vulnerability is uncovered, that information is disseminated.

The bill also requires the National Institute of Standards and Technology (NIST) to issue recommendations addressing, at a minimum, secure development, identity management, patching, and configuration management for IoT devices.

Additionally, the legislation directs the Office of Management and Budget (OMB) to issue guidelines for each agency consistent with the NIST recommendations and mandates the OMB with reviewing these policies at least every five years.

“As the government continues to purchase and use more and more internet-connected devices, we must ensure that these devices are secure. Everything from our national security to the personal information of American citizens could be vulnerable because of security holes in these devices,” said the bill’s sponsor, Congresswoman Robin Kelly, in her press release.

The Kentucky General Assembly unanimously advanced Senate Bill 6 to Gov. Matt Bevin’s desk.

The bill requires the disclosure of executive lobbyist compensation and prohibits compensation for executive agency lobbyists contingent on awarding of a government contract or based on a percentage of a government contract awarded.

If signed, the bill will become effective 90 days after the General Assembly adjourns sine die.

Federal:

After Week of Infighting, Democrats Wonder Where to Draw Line on Speech
MSN – Glenn Thrush and Sheryl Gay Stolberg (New York Times) | Published: 3/10/2019

A House resolution that condemned anti-Semitism and virtually every other form of bigotry, passed with unanimous Democratic support. The measure, which began as a rebuke to U.S. Rep. Ilhan Omar and ended as a catchall declaration of tolerance that did not mention her by name, seemed to satisfy no one. Ultimately, the intraparty fight left unanswered a question that transcends partisan politics: In an era of shouting and provocation, how should Congress respond when its members say hateful or hurtful things? Many Democrats worry they have set a new standard, creating a precedent that mandates a major response every time a member transgresses rules of rhetorical decorum that are ill-defined and subject to dispute.

Election Watchdog Hits Jeb Bush’s Super-PAC with Massive Fine for Taking Money from Foreign Nationals
Mother Jones – Nihal Krishan | Published: 3/11/2019

The FEC issued a record fine to Right to Rise USA, the super PAC that backed Jeb Bush’s 2016 presidential bid, for accepting a seven-figure donation from a company owned by Chinese nationals who were in business with Bush’s brother, Neil. It is illegal for foreign nationals to be involved in making donations to political committees. Neil Bush solicited a $1.3 million contribution from American Pacific International Capital (APIC), an international investment holding company where he is a board member. Although the contribution to the super PAC came from the American arm of APIC, the company’s owners are Chinese, and Neil Bush initially solicited the money from two Chinese nationals. The FEC fined APIC $550,000 and Right to Rise $390,000.

From the States and Municipalities:

Arizona: Brnovich to Rule on Legality of Tempe’s Ban Against ‘Dark Money’ in Politics
Arizona Daily Star – Howard Fischer (Capitol Media Services) | Published: 3/13/2019

Arizona Attorney General Mark Brnovich will rule whether cities can impose their own prohibitions on “dark money” in local campaigns. The move comes because Sen. Vince Leach invoked a state law that requires the attorney general to investigate allegations by lawmakers of violations of state laws by local officials. In this case, Leach contends a Tempe initiative approved by voters in 2017 requiring public disclosure of the true source of campaign donations is illegal. What Brnovich decides could affect the ability of cities and towns throughout the state to enact similar laws.

Florida: Former City Manager Rick Fernandez Fined $6K in Ethics Case
Tallahassee Democrat – Jeff Burlew | Published: 3/7/2019

The Florida Commission on Ethics agreed to settle civil charges against former Tallahassee City Manager Rick Fernandez that he solicited and accepted free Florida State University football tickets from a city vendor or lobbyist and did not report a catering discount on gift forms. Fernandez will pay $6,000 in fines and face public censure and reprimand as part of the settlement. The commission found probable cause Fernandez committed 20 ethics violations when he accepted the football tickets from lobbyist Adam Corey’s firm and took a nearly $7,000 catering discount at The Edison restaurant for his daughter’s wedding reception. The Edison, which Corey co-owns, got $2.1 million from the city and the Community Redevelopment Agency to rehabilitate the area where the restaurant is located.

Florida: Miami-Dade Ethics Board Dismisses Lobbying Complaint Against Beckham Group
Miami Herald – Joey Flechas | Published: 3/13/2019

The Miami-Dade Commission on Ethics and Public Trust dismissed a complaint against David Beckham and associates trying to launch a Major League Soccer (MLS) team in Miami. A complaint alleged Beckham, his partners, and their lawyers had failed to properly register to lobby elected officials on matters related to the proposal to build a $1 billion soccer stadium and office park on city-owned land. One part of the complaint involved disclosure of stakeholders owning companies that employ lobbyists in the city. Lobbyists representing the Beckham group were not disclosing the identities of people or entities who own five percent or more of the corporations they are representing, a disclosure required under county law. But it turns out almost nobody was disclosing this due to the poorly formatted forms.

Illinois: Bombshell Filing Details FBI’s Two-Year Probe of Alleged Corruption by Ald. Daniel Solis
Chicago Tribune – Jason Meisner, Jeff Coen, Stacy St. Clair, and Christy Gutowski | Published: 3/13/2019

A search warrant lays out a laundry list of alleged federal crimes the FBI had compiled against Chicago Ald. Daniel Solis by the time he was confronted and agreed to cooperate with the investigation. Solis had received a “steady flow of personal benefits” in exchange for official action as an alderman or the promise of official action, the affidavit alleged, including Viagra pills and prostitution services from a political operative who represented a company seeking an exemption from the city’s water ordinance. As the powerful head of the Zoning Committee, Solis directed a legislative aide to maintain a running list of people and entities he would seek campaign contributions from, along with corresponding information about what official action each contributor needed from him, the affidavit alleged.

Iowa: County Officials Vacationed at Vendor’s Florida Beach Condo
AP News – Ryan Foley | Published: 3/13/2019

Two county treasurers from Iowa recently vacationed with a businessperson they have supported for a lucrative tax website contract, staying at his Florida beach property for free in an apparent violation of state ethics law. The trip highlighted a long, cozy, and ethically questionable relationship between county officials and an important vendor. Iowa law bans public employees from accepting gifts and favors worth three dollars or more from “restricted donors,” who include vendors, lobbyists, and others affected by their official actions. Vendors are barred from offering gifts, and the law does not contain an exception for friends.

Kansas: White Linen Restaurant Bans Lawmakers, Lobbyists After Altercation
Topeka Capital-Journal – Sherman Smith | Published: 3/8/2019

A group of Kansas lawmakers and lobbyists were asked to leave the White Linen restaurant in Topeka and were banned from returning after co-owner Adam Vandonge said they “completely disrespected everyone” with loud, drunken behavior. Vandonge described a boisterous scene that intensified in response to pleas to the 12-person party, which included House Speaker Ron Ryckman to be quiet. “They showed up and just started drinking and drinking and drinking,” said Vandonge. At one point, a manager told Rep. Blaine Finch that he would not be served any more alcohol. After that, servers heard cursing at the table. One member of the party entered the kitchen and began yelling at the sous chef, asking if he knew who Finch was.

Michigan: Dark Money Used to Evade Donor Disclosure Laws in Michigan
Detroit News – Jonathan Oosting | Published: 3/7/2019

A dark money group that spent more than $2 million to help promote Gretchen Whitmer successful gubernatorial bid in the 2018 exploited a legal loophole to avoid disclosing any donors to the state or federal governments, and it is not alone. Progressive Advocacy Trust is one of at least five local Democratic Party accounts in Michigan that have operated in the shadows since at least 2002, according to an investigation. The groups can accept unlimited corporate or union contributions but have evaded all disclosure requirements. It is not clear if the Michigan Democratic Party could shut down local dark money accounts, but the party also utilizes an administrative account that is not subject to disclosure rules for running issue-ad campaigns.

Nevada: RJ Investigation Finds Violations, No Enforcement of County Lobbying Disclosures
Las Vegas Review-Journal – Michael Scott Davidson | Published: 3/9/2019

On hundreds of occasions last year, lobbyists may have failed to disclose communications within five days of meeting with a Clark County commissioner as required by law. The Las Vegas Review-Journal discovered the meetings by comparing lobbying disclosure forms submitted to the county clerk’s office with commissioners’ work calendars and check-in logs outside their offices. The lack of compliance shows the vulnerability of a county lobbying program that operates without a watchdog. Even an easy-to-monitor rule – whether filed disclosure forms are submitted on time – is not tracked. Penalties for noncompliance, written into law a decade ago, have never been imposed by officials. Presented with the newspaper’s findings, county commissioners pledged to keep better tabs on lobbying efforts.

New Mexico: GOP Lawmakers Blast Campaign Finance Bill
Albuquerque Journal – Colleen Heild | Published: 3/13/2019

Campaign finance reporting legislation on its way to the governor is touted as a way to increase transparency and accountability in New Mexico elections. But some Republican lawmakers are crying foul because the measure was amended just days before final consideration to give top legislative leaders of both parties authority to create, in the words of one lawmaker, “super-caucus PACs,” that would be allowed to accept contributions up to $25,000 from a single donor for a primary election and another $25,000 for the general. Further, there would be no limit to in-kind contributions to a candidate from a legislative caucus committee. The additional fundraising ability, which also applies to political parties, puts legislative leaders in position to help boost political campaigns for chosen candidates and initiatives.

New Mexico: Senate Committee Spikes Lobbying Disclosure Bill
New Mexico Political Report – Andrew Oxford (Santa Fe New Mexican) | Published: 3/13/2019

A New Mexico Senate committee shot down legislation that would have required lobbyists to report which bills they are working on. House Bill 131 also would have barred lobbyists from making any expenditures on legislators while they are in session. The bill had passed the House with broad support, but the Senate Rules Committee voted to table it after little discussion.

New York: Lobbyists Accused of Misconduct Create Quandary at Capitol
Albany Times Union – Rachel Silberstein | Published: 3/11/2019

Former New York Sen. Jeff Klein was hired by Mercury Public Affairs after he lost his seat in the September primary. He remains under investigation by the Joint Committee on Public Ethics in response to an allegation he forcibly kissed a female staff member. Klein has denied the woman’s claim. Several lawmakers said they have serious reservations about meeting with any lobbyist who has faced allegations of sexual harassment, but they stopped short of saying they would cease doing business with those firms. In a Twitter campaign, a group of former legislative aides have taken aim at some of Mercury’s clients, urging them to ask the firm what it is doing to support employees. The women testified at a hearing, describing a culture that too often tolerates and protects harassers while maligning and ostracizing victims.

Tennessee: How Little-Known Meetings in Hard-to-Find Locations Can Make or Break Legislation in Tennessee
The Tennessean – Joel Ebert | Published: 3/12/2019

Legislative pre-meetings in the Tennessee General Assembly are informal gatherings where lawmakers and stakeholders openly discuss legislation. Defenders of pre-meetings, which lawmakers refer to as bill review, say they are beneficial because they provide legislators an opportunity to become more informed on legislation, but critics say pre-meetings are the antithesis of how the Legislature should operate. Although they are official meetings, audio and video livestreaming is absent and no notes are taken to provide members of the public with knowledge of what transpires. While much of what happens inside these often hard-to-find rooms is unknown to the public, what is clear is that pre-meetings can make or break a bill.

Vermont:Lawmakers Seek to Modify Ethics Commission Procedures After Scott Ruling
VTDigger.org – Mark Johnson | Published: 3/14/2019

The Vermont State Ethics Commission mishandled a case involving Gov. Phil Scott, according to key lawmakers who plan to “clarify” one of the commission’s few tools. Chairpersons of the House and Senate committees that created the commission said the ethics panel went beyond its legal authority and improperly injected politics into its advisory opinion that said Scott had violated state ethics law. The commission ruled Scott’s ongoing financial relationship with a construction company he owned that still does business with the state was improper. A draft bill would make clear that advisory opinions be general and not involve a specific person or case. They also said advisory opinions should only be issued by the commission’s executive director and not at the request of an outside individual or advocacy group.

Campaign Finance

National: “2020 Dems Fight to Win Big-Money Purity Test” by Maggie Severns for Politico

New Mexico: “GOP Lawmakers Blast Campaign Finance Bill” by Colleen Heild for Albuquerque Journal

Ethics

Connecticut: “Ethics Office: Sen. Alex Bergstein Not Barred from Paying Staffer with Personal Funds” by Neil Vigdor for Hartford Courant

Illinois: “Mayor Rahm Emanuel’s Ethics Reform Plan Stalls in City Council Committee” by John Byrne for Chicago Tribune

Iowa: “County Officials Vacationed at Vendor’s Florida Beach Condo” by Ryan Foley for AP News

New York: “New York AG Subpoenas Deutsche Bank for Records Related to 3 Trump Properties, Including Chicago’s Trump Tower” by David Fahrenthold and Jonathan O’Connell (Washington Post) for Chicago Tribune

Legislative Issues

Tennessee: “How Little-Known Meetings in Hard-to-Find Locations Can Make or Break Legislation in Tennessee” by Joel Ebert for The Tennessean

Lobbying

National: “Paul Manafort Is Sentenced to a Total of 7 1 / 2 Years in Prison for Conspiracy and Fraud, and Charged with Mortgage Fraud in N.Y.” by Spencer Hsu, Rachel Weiner, and Ann Marimow (Washington Post) for MSN

Canada: “SNC-Lavalin Board Chair, a Former Top Bureaucrat, May Have Run Afoul of Federal Lobbying Rules” by Beatrice Paez for Hill Times

Florida: “Miami-Dade Ethics Board Dismisses Lobbying Complaint Against Beckham Group” by Joey Flechas for Miami Herald

Arkansas Gov. Asa Hutchinson signed several bills into law.

Senate Bill 249 increases the fines for violating ethics laws the Arkansas Ethics Commission may levy at violators from $2,000 to $3,500.

Senate Bill 256 prohibits an elected state official from registering as a lobbyist in any jurisdiction while serving as an elected state official and House Bill 1178 amends various sections of law related to competitive sealed bids.

The bills will become effective 90 days after the legislative session adjourns sine die.

Campaign Finance

National: “Election Watchdog Hits Jeb Bush’s Super-PAC with Massive Fine for Taking Money from Foreign Nationals” by Nihal Krishan for Mother Jones

New Mexico: “Changes Likely for Dark-Money in New Mexico Elections” by Associated Press for KOB

Ethics

Florida: “Gov. Ron DeSantis Hitches Ride to New York on South Florida Gambling Mogul’s Jet; GOP Picks Up Tab” by Steve Bousquet for South Florida Sun Sentinel

Nevada: “Former State Sen. Atkinson Pleads Guilty, Used $250K in Campaign Funds for SUV, Night Club” by James DeHaven for Reno Gazette-Journal

New York: “Freebies, No-Show Jobs and Bribes: Ex-Long Island official convicted of graft” by Sarah Maslin Nir and Arielle Dollinger for New York Times

Lobbying

National: “Incendiary N.R.A. Videos Find New Critics: N.R.A. leaders” by Danny Hakim (New York Times) for MSN

Canada: “Sask. Lobbyist ‘Loophole’ Should Be Closed: NDP” by Adam Hunter for CBC

New York: “Lobbyists Accused of Misconduct Create Quandary at Capitol” by Rachel Silberstein for Albany Times Union

Campaign Finance

West Virginia: “Lawmakers Vote to Raise Their Campaign Contribution Limits” by Erin Beck for Beckley Register-Herald

Ethics

National: “After Week of Infighting, Democrats Wonder Where to Draw Line on Speech” by Glenn Thrush and Sheryl Gay Stolberg (New York Times) for MSN

Kansas: “White Linen Restaurant Bans Lawmakers, Lobbyists After Altercation” by Sherman Smith for Topeka Capital-Journal

New York: “State Legislature Pushing to Revamp Embattled Ethics Board” by Michael Gormely for Newsweek

Washington D.C.: “D.C. Council, Bowser Administration Receive Federal Subpoenas in Jack Evans Ethics Probe” by Peter Jamison, Steve Thompson, and Fenit Nirappil for Washington Post

Lobbying

National: “How Lobbying Has Changed in Donald Trump’s Washington” by Luke Mullins for Washingtonian Magazine

Nevada: “RJ Investigation Finds Violations, No Enforcement of County Lobbying Disclosures” by Michael Scott Davidson for Las Vegas Review-Journal

New Mexico: “Lobbyists Weigh in on Disclosure, Ban on Spending Proposals” by Marjorie Childress for New Mexico In Depth