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.

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.

Montana Attorney General Tim Fox and Republican legislators say that rulings made by Commissioner of Political Practices Jonathan Motl in 2017 could be challenged by those affected if the court does not have the authority to change his confirmation.

Motl was appointed as Commissioner in 2013 by Gov. Steve Bullock and confirmed by the senate to a term ending January 1, 2017. A Montana District Court determined the end of his term to have no force or effect pending a decision as to whether he should serve a full 6-year term.

According to the Bozeman Daily Chronicle, Solicitor General Dale Schowengerdt said that Motl’s authority is uncertain, resulting in substantial due process concerns. Motl believes state law requires him to continue his duties until a successor is appointed.

A Missouri ethics bill, being fast-tracked through the House, cleared committee yesterday with just three dissenting votes.

The bill would prohibit legislators from receiving certain gifts from lobbyists. Exemptions to the proposed ban would include honorary plaques, flowers and gifts customarily received by someone before they became a legislator.

The bill is just one of a handful of ethics bills on the legislative agenda. The measure could hit the House floor as early as Thursday.

Republican Attorney General Josh Hawley implemented a new ethics policy on Tuesday, January 10. His employees are now prohibited from accepting gifts from lobbyists.

The policy also prohibits staff from discussing business of the attorney general’s office with anyone attempting to lobby on behalf of a client, unless such person is a registered lobbyist. This includes licensed attorneys who fall within the scope of state lobbying law.

Hawley’s policy also establishes a pay-to-play provision prohibiting campaign contributions from those who have applied for or who have pending state contracts if the attorney general’s office has decision-making authority over the contract. Hawley’s ethics policy is effective immediately.

Gov. Terry McAuliffe announced he will send the General Assembly a package of proposals aimed at campaign finance and voter law reforms.

The campaign finance proposal will seek to ban the personal use of campaign funds and he would like to see the new voter photo identification law repealed.

Another proposal would expand absentee voting, permitting any registered voter in Virginia to vote absentee in-person starting 21 days before the election. The General Assembly convenes today to begin the 2017 session.

Yesterday, the U.S Supreme Court issued a temporary stay on a lower court order to hold special elections in November 2017 for North Carolina General Assembly seats in unconstitutionally gerrymandered districts.

The temporary stay of the lower court’s decision will remain in place until the justices decide whether to consider a previously filed appeal from state officials. If the Supreme Court hears the case and overturns the ruling, the special elections would be canceled and current districts restored for the 2018 election.

Gov. Terry Branstad called a special election for House District 89.

Democrat Jim Lykam resigned after winning the Senate District 45 seat previously held by Sen. Joe Seng, who passed away on September 16, 2016.

The special election for House District 89 will be held on January 31, 2017.

Almost immediately upon being sworn in as Missouri governor, Eric Greitens issued an executive order banning lobbyist gifts to executive branch employees.

The order also establishes a revolving door provision, prohibiting gubernatorial staff from lobbying his office after leaving their positions.

At the Capitol, Republican lawmakers held a meeting yesterday to endorse a bill to expand the executive order by banning most lobbyist gifts to legislators. The actions are part of an effort to reform state ethics laws and curb government corruption.

The Montana First Judicial District Court issued an order to let Commissioner of Political Practices Jonathon Motl stay in office until a case to extend his appointment is heard, reserving the ending date issue for determination by the Court.

A lawsuit filed last month asserts Motl, who was confirmed by the Senate in 2013, should be allowed to complete a full six-year term of service extending his appointment until June 2019. Montana Senate Republicans, who have repeatedly accused Motl of bias against them in his decisions, have introduced a resolution seeking to intervene in the case to “vigorously defend and protect in all court proceedings the legal integrity of (the) Senate’s constitutional confirmation authority.”

If the resolution passes, the Senate will assert that Motl’s term ended on January 1, 2017. A hearing is expected on the issue in early 2017.

Last week, a panel of three judges granted Gov. Roy Cooper’s request for the state to temporarily refrain from overhauling the elections board until his active lawsuit is resolved.

Cooper proposed the constitutional separation of powers are overlooked in a new General Assembly law.

If Cooper fails to win the suit, and the law is not overturned, the five-member state Board of Elections will be reorganized into a team of eight under the state Ethics Commission.

Gov. Scott Walker called the Wisconsin Legislature into special session on Thursday, January 5.  The Legislature is currently in regular session; a special session operates under different rules to speed up the legislative process.

Citing a public health crisis, Walker called the special session so lawmakers would consider a package of heroin and opioid abuse bills. The Senate will consider the bills after they are introduced and move through committee.

Walker also issued executive orders directing state agencies to follow the recommendations of his opioid abuse task force and directing the Department of Health Services to apply for federal funding to help in its response efforts.

Photo of Gov. Scott Walker courtesy of Gage Skidmore on Wikimedia Commons.