The New York Joint Commission on Public Ethics (JCOPE) unveiled proposed changes to the ethics rules Tuesday, which could make it easier for lobbyists to conceal their donors and funders from the public. At its monthly meeting, JCOPE proposed changes to the gift regulations and the recently enacted source of funding regulations.

Under the source of funding regulations, lobbyists must disclose the names of anybody who provided them with funding in excess of $5,000 for lobbying purposes, but only if they meet a certain threshold. The current rules allow for a waiver of this requirement only if there is a substantial likelihood of harm. Under the proposed change, JCOPE would lower the standard to a reasonable likelihood or probability of harm.

Executive Director Ellen Biben said the current standard may be unconstitutional, thus necessitating the change. “The substantial likelihood standard may be constitutionally too high,” Biben said. “We agree.”

In the proposed change to the gift ban, JCOPE puts a concrete dollar amount on the term “nominal value.” Under current law, a lobbyist is prohibited from giving a gift to a public official and gift is defined as something worth more than nominal value. However, there is no dollar figure attached to the current definition of nominal value.

Under the proposed definition, nominal value will be defined as an item or service with a value of $10 or less. Therefore, if the proposed change is enacted, lobbyists will be prohibited from giving a public official a gift with a value in excess of $10.

In order for the rules to go into effect, JCOPE commissioners must approve the proposals. There is no set time table on when the commissioners will review the proposals and make a decision on their enactment.

Lobbying

“Ethics Group CREW Bails on Lobbying Efforts” by Kent Cooper in Roll Call’s Political Moneyline.

Arizona: “Action lacking despite opportunities to improve Arizona’s lobbyist reporting system” by Evan Wyloge and Hank Stephenson in the Arizona Capitol Times.

Florida: “NFL Commissioner Roger Goodell lobbies lawmakers in Tallahassee to back Dolphins stadium renovation bill” by Toluse Olorunnipa and Charles Rabin in the Miami Herald.

Michigan: “State Rep. Andy Schor intros bills to adjust term limits, restrict post-office lobbying by lawmakers” by Angela Wittrock in Michigan Live.

Utah:”Loopholes allow lobbyist spending to vanish from reports by Lee Davidson” in the Salt Lake Tribune.

Campaign Finance

“Why don’t Americans care more about campaign finance reform?” by Juliet Eilperin and Scott Clement in the Washington Post.

“Bipartisan Campaign Finance Bill Aims to ‘Follow the Money’” by Chris Vest in Associations Now.

Maine: “Senate backs resolutions supporting campaign finance, immigration reforms” by Matthew Stone in the Bangor Daily News.

Ethics

“Latest ethics proposal rejected by AG” by John Lyon in the Arkansas News.

New York: “NY ethics board proposes changes to gifts, disclosure requirements by some lobbying groups” by The Associated Press in The Republic.

South Carolina: “Fate of ethics bill to be determined Tuesday in S.C. legislature” by Kirk Brown in the Anderson Independent Mail.

Procurement

“7 Ideas for the Future of Local Government” by Steve Ressler in Government Technology.

Lobbying

“Social media emerge as players in state capitols” by Brad Cooper in the Kansas City Star.

Hawaii: “Has Hawaii Given Up On Lobbying Congress?” by Kery Murakami in Honolulu Civil Beat.

Campaign Finance

California: “Interactive graphic lets voters follow the money in mayor’s race” by David Zahniser, Maloy Moore and Anthony Pesce in the Los Angeles Times.

California: “California declines to update campaign data online” by Jusy Lin (Associated Press) in the Redding Record Searchlight.

New York: “Public campaign finance debate heats up in Albany” by Jon Campbell in the Journal News.

Ethics

“Tuesday Discussion on the FEC-The Day The Terms of All Commissioners Will Have Expired” by Kent Cooper in Roll Call’s Political Moneyline.

South Carolina: “Bid to reform state ethics draws fire” by Tim Smith in the Greenville News.

South Dakota: “South Dakota lawmakers don’t see conflict of interest problems in the Legislature” by David Montgomery in the Argus Leader.

Government Tech and Social Media

“Open Source Tech is Driving Big Changes in Government” by Joseph Marks and Mark Micheli in Nextgov.

“San Francisco Hires New Chief Information Officer” by Sarah Lai Stirland in TechPresident.

The Legislature adjourned Saturday, April 27, 2013, shortly after passing a bill to change lobbying regulations. Enrolled Act 1222 expands the definition of lobbying to include communications with any legislative employee and requires lobbyists to file registration statements and activity reports electronically.

The bill also increases the annual lobbyist registration fee from $100 to $200 and makes the lobbyist registration year match the current lobbyist reporting periods. Lobbyist registration statements issued for 2013 will expire November 1, 2013.

Most of the bill’s provisions will become effective July 1, 2013, following approval by the Governor.

Photo of the Indiana State House by Jasont82 on Wikipedia.

Perhaps the most talked-about piece of legislation this session, Senate Bill 2 was passed unanimously by both houses of the Florida Legislature.

The final ethics bill:

• Prohibits members of the legislature from acting as lobbyists for compensation before an executive branch agency, agency official, or employee for two years after leaving office. The version passed by the House eliminated an original provision preventing legislators from becoming lobbyists or principals of lobbying firms lobbying the legislature;
• Provides for a fine of up to $5,000 for executive branch lobbyists who fail to disclose required material facts as required or knowingly provide false information;
• Allows the Commission on Ethics to investigate whether a lobbyist has made a prohibited expenditure if a complaint is filed; and
• Prohibits vendors from providing gifts to a reporting individual or procurement employee for vendors doing business with the reporting individual’s or procurement employee’s agency.

The ethics bill was a top priority of Senate President Don Gaetz. He called the bill his “proudest moment as a senator.” The bill was sent immediately to Governor Rick Scott, who has seven days to sign or veto the bill.

Federal:

FEC Denies Same-Sex Appeal

K Street’s Bounce Proves Elusive

From the States and Municipalities:

Alabama – Barron, Former Aide Indicted

Arkansas – Arkansas House Sends Ethics, Petition Rules to Voters

California – ‘Hacking’ Open Financial Disclosure Data

California – Many Private Interests Were Brown’s Fellow Travelers in China

Florida – Legislators Finish Rewrite of Ethics, Campaign Bill

Illinois – Emanuel Campaign Taking Donations from Hotel Developers with Projects in Works

Iowa – Affidavit Says Bachmann Approved Hidden Payments to Iowa Senator

New Jersey – Campaign Finance Overhaul by N.J. Senate Democrats Would Also Reform Pay-to-Play

North Carolina – Sweepstakes Donor’s Checks to NC Politicians Scrutinized

Texas – Campaign Accounts Help Texas Legislators Pay Staffers

Vermont – Former Lt. Gov. Dubie, RGA Agree to Settle Election Lawsuit with State

Washington – Donate to Sick Lawmakers? Limits Apply to Some Gifts

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

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Lobbying

“The Shadow Lobbyist” opinion piece by Tom Edsall in The New York Times.

Georgia: “New ethics law’s Jan. 1 start creates uncertainty for lobbyists, legislators” by Aaron Gould Sheinin in the Atlanta Journal-Constitution.

North Carolina: “NC elections board supports investigation on sweepstakes cash” by Michael Biesecker and Mitch Weiss (Associated Press) in the News & Observer.

Campaign Finance

“Donor Gets Jail Time for Illegal Contributions” by Kent Cooper in Roll Call’s Political MoneyLine.

“Does Stephen Colbert’s Endorsement of His Sister Violate Election Laws?” by Megan Wiegand in Slate.

Florida: “Common Cause: campaign finance ‘reform’ bill is a ‘farce’” by Mary Ellen Klas in the Miami Herald.

Florida: “Legislators send campaign finance and ethics bills to governor” by Mary Ellen Klas in the Miami Herald.

Ethics

“’Hacking’ Open Financial Disclosure Data” by Scott Detrow in KQED Public Media.

Alabama: “Former state senator Lowell Barron indicted on campaign finance, ethics charges” by Kim Chandler in Alabama Live.

Colorado: “San Francisco Considers Ethics Reforms” by Ryan Parker in the Denver Post.

Illinois: “State Sen. Trotter pleads guilty to misdemeanor” by Jason Meisner in the Chicago Tribune.

Government Tech and Social Media

“Get Ready for Mobile Only” by Joseph Marks in Nextgov.

Redistricting

Alaska: “Redistricting Board asks Supreme Court to clarify ruling” by Richard Mauer in the Anchorage Daily News.

City Attorney Dennis Herrera and Board of Supervisors President David Chiu have introduced legislation to better regulate lobbying and campaign finance within the city. The ordinance would amend the Campaign and Governmental Conduct Code to expand the definition of lobbyist and require lobbyists to complete training online.

The lobbying exemption for contractors and their attorneys would be limited to in-house officers and employees. Outside consultants communicating with public officials regarding contract bidding and negotiating would be subject to the registration and reporting requirements of lobbying.

The ordinance would also require the Ethics Commission to publish a guide for campaign contributors regarding contribution regulations and reporting requirements.

The board may begin discussion of the legislation at the next meeting in May.

Lobbying

“Lobbying World” in The Hill.

“Graham’s campaign collects bundle from lobbyists” by Michael Beckel in the Huffington Post (via The Center for Public Integrity).

Nevada: “Nevada advances lobbying cooling-off-period bills” by Matt Woolbright (Associated Press) in the Reno Gazette-Journal.

Campaign Finance

“Follow The Money Bill Proposed For More Transparency in Campaign Financing” in CQ Roll Call’s Political Moneyline.

“S.E.C. Gets Plea: Force Companies to Disclose Donations” by Nicholas Confessore in The New York Times.

Florida: “Senate finishes campaign finance bill, first piece of ethics compromise” by Mary Ellen Klas in the Miami Herald.

New York: “Skelos opposes Cuomo on abortion, campaign finance” by Yancey Roy in Newsday.

New York: “Bad Legal Arguments Can’t Stop Reform” by Lawrence Norden in the Brennan Center for Justice Blog.

South Carolina: “SC Senate advances a piece of ethics reform” by The Associated Press in WJCL News.

Ethics

California: “SF May Make Major Update to City Ethics Policies” by Nina Thorsen in KQED Public Media.

Connecticut: “Foley wants to revive ‘good government’ bill” by Ken Dixon in the Connecticut Post.

New York: “Parole Granted for Political Consultant in a Corruption Case” by Jesse McKinley in The New York Times.

Governor Mike Beebe has approved a proposed constitutional amendment to be placed on the November 4, 2014 general election ballot. House Joint Resolution 1009, the Arkansas Elected Officials Ethics, Transparency, and Financial Reform Amendment of 2014, passed both chambers shortly before the regular session recessed on April 24, 2013.

If affirmed by the voters, the constitutional amendment will ban corporate and union gifts to political campaigns, ban lobbyist gifts to legislative and executive officials, and provide 16 year term limits for legislators. The amendment would also increase the time between when a legislator leaves office and when a legislator is permitted to become a lobbyist from one year to two years.

The General Assembly is scheduled to reconvene on May 17, 2013 for a veto session before adjourning sine die.

Lobbying

“K Street’s bounce proves elusive” by Kevin Bogardus and Megan R. Wilson in The Hill.

“Chamber of Commerce Still Keeping Lobbyists Busy” by Kent Cooper in Roll Call.

“Religious Groups Throw Lobbying Cash at Immigration Reform” by Elizabeth Flock in U.S. News & World Report.

Montreal, Quebec: “City asked to investigate undeclared lobbying” by Monique Beaudin in the Montreal Gazette.

Pennsylvania: “Mensch: Improve Campaign Finance, Lobbyist Reporting” in the Lehigh Valley Patch.

Campaign Finance

New York: “Reform does work, New York” editorial piece by Denise Merrill,  the Connecticut secretary of the state and Miles Rapoport, president of Demos and former Connecticut secretary of the state in the Albany Times Union.

Ethics

District of Columbia: “D.C. wraps audit of Gray campaign, doesn’t release findings” by Alan Blinder in the Washington Examiner.

New York: “NY governor replaces head of troubled ethics board with lawyer who represented Bernard Madoff” by The Associated Press in the Washington Post.

Procurement

Ohio: “Franklin County, Ohio, Builds Transparent Procurement System From Scratch” by Colin Wood in Government Technology.

Government Tech and Social Media

“Federal Web Visitors are Coming Via Mobile” by Joseph Marks in Nextgov.

The Massachusetts Lobbyist Section of Secretary of the Commonwealth’s office has informed lobbyists it will reinterpret a reporting requirement in order to comply with a court order.

Initially, Secretary of State William Galvin’s office had asserted it had the authority to interpret “all direct business associations with public officials” under state law expansively and require lobbyists disclose the names of all officials with whom a lobbyist has communicated. In reaction, a lawsuit had been brought against the Secretary of State’s office by the ACLU, AirStrategies, the Associated Industries of Massachusetts, Citizens for Juvenile Justice, Common Cause, and the Conservation Law Foundation. A Superior Court Judge ruled against the secretary.

To comply with the court’s order, the secretary will now require disclosure of the names of public officials to whom a lobbyist has made a lobbying communication only if the lobbyist also has a direct business association with the public official. Following the court’s order, the secretary informed lobbyists this means a joint enterprise or transaction of a commercial or financial nature directly by or between the lobbyist and the public official.

The Lobbyist Section has rescinded all correction and rejection notices inconsistent with this interpretation of business association.

Lobbying

“Former Sen. Bob Kerrey joins government affairs firm” by Megan R. Wilson in The Hill.

“NRA spends record money on lobbying this year” by Dave Levinthal in The Center for Public Integrity.

Florida: “Sound Off: Most email group members think lobbyist limits a good idea” in the Florida Times Union.

Georgia: “Analysis: Lobbyists say the game is changing” by Walter C. Jones in the Savannah Morning News.

Texas: “Agenda Texas: The Twitter Lobby” by Ben Philpott in the Texas Tribune.

Washington: “Lobbying tab $12.9 million — and counting” by Brad Shannon in the News Tribune.

Campaign Finance

California: “Common Cause: Californians should vote for Congress to overturn Citizens United” by Derek Cressman in San Jose Mercury News.

Illinois: “Overturning ‘Citizen’s United’ Decision” by Claudia Johnson in the Alton Daily News.

New Jersey: “N.J. Senate Democrats to introduce major overhaul of campaign finance laws” by Christopher Baxter in the Star-Ledger.

New York: “Reform proposed for state Board of Elections” by Karen Dewitt on WBFO NPR.

New York: “Campaign Finance Reformers To Target Senate In New Ads” by Ken Lovett in the New York Daily News.

Pennsylvania: “Pa. Senate backs stricter rules on reporting campaign funds” by Mary Wilson in Newsworks.

Vermont: “Windham County senator blasts campaign-finance reform bill” by Mike Faher in the Brattleboro Reformer.

Ethics

Connecticut: “Man pleads guilty in campaign finance scheme” by The Associated Press in the Boston Globe.

Kentucky: “Richie Farmer indicted by federal grand jury” on WKYT News.

Minnesota: “Ex-aide to Bachmann prepares to give evidence on alleged payments” by Brett Neely in MPR News.

Tennessee: “Knox County Commission set to reconfigure ethics panel” by Mike Donila in the Knoxville News Sentinel.

From the State Legislatures

Featured speakers at the NCSL Legislative Summit, August 12-15 in Atlanta, GA.

In the 2012 Annual report issued by the New Jersey Election Law Enforcement Commission (ELEC) on April 15, the Commission listed several recommendations and ideas to strengthen the state’s campaign finance and lobbying laws.

ELEC recommends requiring disclosure from super PACs and non-profit groups organized under Section 527 and Section 501(c) of the IRS code, requiring disclosure of lobbying activity by local vendors who are required to report pay-to-play contributions, and expanding the 48-hour notice requirement for continuing PAC expenditures to require the filing of notices for expenditures made in May municipal, runoff, school, and special elections.

Among its other recommendations, ELEC calls for the state to expand the regulation of “wheeling” to include contributions by county political party committees to other county political party committees during the entire year.

In the report, the Commission also lists general ideas to strengthen the laws, including requiring grassroots lobbying materials to list the name and address of the committee paying for the material, increasing penalties for public financing violations, and banning the use of partnership funds for the purpose of making contributions.

The annual report can be found here.