As reported in today’s pressofatlanticcity.com, the Atlantic City City Council unanimously passed a pay-to-play ordinance mandated by an agreement with the state’s Department of Community Affairs. The law would prohibit granting contracts to individuals and businesses who contributed to a campaign or political action committee for the election of a council member.

The Department of Community Affairs gives financial assistance to local municipalities in exchange for measures such as instituting pay-to-play laws and giving the Department power to review and approve other city business, such as hiring and promoting. The only discussion about the ordinance was from Councilman Moisse Delgado, who asked, “Y’all ready for this?”

The state Ethics Commission has released its final promulgated amendments to the state’s ethics rules for 2011.

These amendments, available on the commission’s website, become law on July 1 if no action is taken by the state legislature.

One of the rules set forth this year will allow corporations to make independent expenditures and another will allow PACs to contribute to ballot measure committees.

Image of the Oklahoma flag by Denelson83 on Wikipedia.

Senator James Arnold has introduced a bill which would require persons seeking business relationships with local jurisdictions and their agencies to register and report activity and expenditures as lobbyists, whether or not the local jurisdictions have ordinances dealing with lobbying. Senate Bill 0330 defines ‘business relationship’ to include pecuniary interest contracts and purchases with an agency with an aggregate value of at least $100,000.

The bill calls for the reporting to be filed with the local county clerks where the lobbying activity occurs. A $100 a day late fine would be imposed for each day a lobbyist misses his or her filing date and lobbyists knowingly failing to register or file would face a Class A infraction.

The bill also allows local jurisdictions to adopt ethics ordinances and establish ethics commissions.

Map of Indiana by Jim Irwin on Wikipedia.

The special session, called by Governor Riley in late December, lasted seven days and saw the passage of several landmark bills, each of which was promptly signed into law.

The most dramatic change concerning lobbyists is the newly enacted expenditure limits.  Previously, lobbyists could spend anything on an official without having to report it until the spending exceeded $250 per day.  Now, lobbyists may only spend $25 on an official for a meal with an annual limit of $150.  For a lobbyist’s employer, the limit is $50 per meal with a $250 annual cap.  This law has been criticized by some as having too many loopholes.  For instance, the limit does not apply to an “educational function” or certain “widely attended” events.  Disclosure of spending at these events is still required when spending exceeds $250 per official.

Lawmakers also passed a ban on PAC-to-PAC transfers of funds.  This, lawmakers hope, will reduce the “shell game” sometimes played which makes it very difficult for the public to track who is actually funding candidates or making expenditures.

Several of the laws passed impacted the actions of state officials directly.  Starting in 2014, a state lawmaker will no longer be allowed to hold another government job.  Additionally, the reforms include a ban on “pass through pork.”  This is a practice whereby state lawmakers could direct an agency to spend money a certain way without legislative approval.  Finally, the Alabama Ethics Commission will be granted subpoena power; this is expected to make enforcement of the laws much easier and effective.

The most controversial bill passed during the session is one banning politically active groups from receiving contributions via payroll deduction from state employees.  This law was decried as an attack on the American Education Association, a group usually linked to Democratic candidates.  Governor Riley, a Republican, defended the bill as a step to prevent misuse of state time and money.

While most agree the reform package is not perfect or all-inclusive, most within the state’s ethics and political circles agree they are a significant step forward at a time when Alabama badly needs one.

Photo of the Alabama Statehouse by Spyder_Monkey on Wikipedia.

The bill would affect an individual who submits a competitive bid or proposal for a contract as an individual, partner or owner of a privately held business, or board member or executive officer of a business.

They would be prohibited from making a political contribution to a candidate for statewide office, a statewide officeholder, or a specific-purpose committee for supporting or opposing a candidate for statewide office or assisting a statewide officeholder, during the period beginning with the date the bid or proposal is submitted and ending when the contract is awarded to another person or the 30th day after the bidder is awarded the contract.

Further, the same restrictions would be applied to a general-purpose committee established or administered by a corporation. If passed in current form, the legislation would take effect September 1, 2011.

Companion bills seeking to create “revolving door” restrictions for members of the Texas legislature have been introduced during the 2011 session. Senate Bill 128 and House Bill 508 seek to prevent former members of the legislature from lobbying “before the date of final adjournment of the second regular session of the legislature to convene after the date the person ceases to be a member.”

If passed as presently written, a violation would be considered a class A misdemeanor in Texas.

Image of the Texas flag and state courtesy of Shem on Wikipedia.

A proposed ethics law would create a “revolving door” restriction for former West Virginia elected officials and senior members of their staff.

Under House Bill 2464, these people would have to wait one year after leaving office before acting as a lobbyist at the state level. A more controversial aspect of this bill would require public officials to disclose their spouse’s source of income in campaign disclosure filings.

A similar bill was proposed last year but stalled in the Senate Finance Committee.

Photo of the West Virginia state capitol building by Analogue Kid on Wikipedia.

The Houston City Council is expected to consider a new ethics ordinance this week wherein attorneys would no longer be able to lobby city officials under the guise of performing legal work. The ordinance would require all persons lobbying to register as lobbyists or face criminal penalties.

Further, changes would also be made prohibiting city officials from accepting or soliciting gifts from parties seeking to do business with the city.

Photo of Houston City Hall by Daniel2986 on Wikipedia.

Prince George’s County Executive Rushern L. Baker is proposing the General Assembly pass an ethics law prohibiting local council members from reviewing land use cases where there has been no appeal. Currently, when a planning board has decided an outcome, and there is no appeal by either the developer or the resident, the council can still choose to ‘call’ up the case. Baker wants to prevent this procedure because the purpose may be to seek concessions from developers.

Baker is also proposing they pass legislation similar to what has already been proposed by Delegate Justin Ross, requiring local officials to recuse themselves from voting on building projects if a developer contributed to a shared campaign account affiliated with the official. Presently, local leaders may vote on land use projects while indirectly receiving political contribution from these developers through accounts shared with General Assembly candidates.

City Council has approved a ballot measure proposed by the Los Angeles Ethics Commission creating a ban on pay-to-play contributions.

If passed on March 8, the Charter amendment will prohibit companies bidding on city contracts from giving campaign donations to city candidates.

Companies found in violation of the ban would be barred from doing business with the city for one to four years.

Photo of the Los Angeles financial district by Bobak on Wikipedia.

The Commission on Governmental Ethics and Election Practices has issued a memo outlining the agencies priorities for 2011.  The commission seeks to investigate possible violations of legislative ethics on its own, even if no formal complaint is filed.

The commission also wishes to enact regulations that restrict legislative candidates from using Clean Election money to buy computers, cell phones, and other electronic equipment and increase the fine for failing to include a disclaimer on campaign communications from a maximum of $200 to a maximum of $5,000.

The Great Seal of Maine courtesy of Wikipedia.

Governor Brian Sandoval signed Executive Order 2011-02 establishing a new ethics gift rule for the governor’s senior staff, cabinet, all division heads of cabinet agencies, and himself as governor.

The order prohibits gifts which might be intended to influence or reward an individual in the performance of his or her official business. The order also requires notification of the ethics requirements to vendors doing business with the state and those receiving state grants.

Photo of Governor Sandoval courtesy of Brian Sandoval on Wikipedia.

A grand jury convened to investigate government corruption has issued its first interim report.

The report makes various recommendations, including the elimination of “3-pack” advertising, where a political party may advertise jointly for three or more candidates without it being considered a contribution to any candidate.

The report also recommends a lifetime ban on vendors entering into any contract with Florida if convicted of a crime involving theft or procurement with the state.

Among the other suggestions the grand jury makes is a requirement candidates receive election and campaign finance law training. “Election and campaign laws constitute an intricate blanket of laws which can lead an honest and sincere public official or candidate to run afoul even with the best efforts to comply,” the report states.

The statewide grand jury had been called by Governor Christ and heard testimony for ten months.

IDAHO: The Idaho Secretary of State’s office will be closed December 31, 2010 in observance of the New Year’s holiday. Normal business hours will resume Monday, January 3, 2011.

OHIO: The Ohio Secretary of State’s office will be closed Friday, December 31, 2010 in observance of the New Year’s holiday. Normal business hours will resume Monday, January 3, 2011.

WYOMING: The Wyoming Secretary of State’s office will be closed December 31, 2010 in observance of the New Year’s holiday. Normal business hours will resume Monday, January 3, 2011.