City Council Speaker Melissa Mark-Viverito has agreed to pay $7,000 to settle charges of campaign finance violations. Mark-Viverito was accused of accepting free consulting advice from a lobbyist in her efforts to land her position in 2013. In addition to the $7,000 fine, Mark-Viverito must pay over $3,700 to the Advance Group, who was the consulting organization giving her free advice.

Along with Mark-Viverito, Scott Levenson, the Advance Group’s president and a registered lobbyist, was also fined $4,000 for his role in the matter. The Advance Group was previously fined $15,000 by the New York City Campaign Finance Board and $10,800 by the state of New York for other violations in the 2013 elections.

Photo of City Council Speaker Melissa Mark-Viverito by wiscDennis on Wikimedia Commons.

On January 5, California legislators introduced a bill with pay-to-play implications. Sen. Jerry Hill introduced a bill forbidding members of the state Board of Equalization from acting on any tax matters involving donors who had given any amount of money to their political campaigns in the previous 12 months.

Hill and his fellow lawmakers are concerned about a loophole that currently exists allowing companies with an interest in board decisions to skirt the limit.

The bill is now being considered in committee.

Photo of Sen. Jerry Hill by Dave on Wikimedia Commons.

The New Hampshire Legislature begins the New Year addressing campaign finance issues stemming from the U.S. Supreme Court Citizens United decision. On Wednesday, January 6, the House will review Senate Bill 136, a bill first introduced in the 2015 legislative session. The bill, which passed the Senate last year, establishes a committee to review constitutional amendments pending in Congress regarding the Citizens United decision and related cases having been introduced in the United States Supreme Court.

Photo of the New Hampshire State House by AlexiusHoratius on Wikipedia.

Following a ruling by the California Supreme Court, the California Legislature is permitted to place an advisory measure related to campaign finance on the November 2016 ballot. The advisory measure asks voters their opinions on campaign finance and whether there should be a federal constitutional amendment to overturn Citizens United.

A conservative group challenged the constitutionality of the advisory measure, insisting the Legislature was prohibited from putting such measures before voters. The California Supreme Court ruled the advisory measure is permissible because state legislatures have a role in passing federal constitutional amendments, and therefore it met the required nexus between an advisory measure and a potential legislative action.

Proposition 49, the “Citizens United” measure, will appear on the general election ballot in November 2016.

The Joint Commission on Public Ethics (JCOPE) has formally accused former Assemblyman Dennis Gabryszak of using his government office to aid his reelection campaign, as well as sexually harassing several female staff members.

JCOPE’s investigators found Gabryszak used his office resources, including phones, computers, and printers to aid his political campaigns. The commission also determined Gabryszak used his position to “create and perpetuate an environment in which he could engage in sexually inappropriate behavior.”

The commission accused Gabryszak of at least five violations of New York’s Public Officers Law in what a commission spokesman called “a deplorable exhibition of how not to act in public service.”

The case will now move to the Legislative Ethics Commission, which will decide whether and how much to fine Gabryszak. Each violation of the Public Officers Law carries a penalty of up to $10,000.

Continuing a recent trend, Pennsylvania lawmakers plan to introduce a series of bills aimed at making lobbyist activity more transparent. The changes include broadening the defintion of a lobbyist, increasing the fine for violations of the lobbying law, and prohibiting a lobbyist from working on a political campaign.

State Sen. Scott Wagner will lead the charge by introducing two of the six bills, including one to require lobbyists to report any item of value given to a legislator. The senators believe there is wide support for the proposed changes.

As more lobbyists turn to the internet and social media, the New York Joint Commission on Public Ethics has begun soliciting informal comments on the applicability of New York’s Lobbying Act to social media activities.

The Commission seeks guidance on when social media activity constitutes reportable lobbying activity in terms of direct lobbying, grassroots lobbying, and linking to a lobbying website.

The Committee is also seeking input on whether expenditures made in connection with social media activity could be considered “expenses” under the Lobbying Act.

Comments will be taken by the Committee until January 11, 2016.

On December 17, the Austin, Texas City Council voted to reform the city’s lobbying and campaign finance laws.

The council approved a lobbyist reform proposal, which includes initiating changes to city ordinances relating to the regulation of lobbyists and to the duties and functions of the Ethics Review Commission. The council also approved a resolution regarding mandating disclosure of campaign contributions and expenditures by non-profits and other entities not currently required to disclose their funding. The city manager has been directed by the council to write these ordinances, which will then be put to a vote by the council sometime in 2016.

On December 19, the Nevada Legislature adjourned its four day special session sine die. Four bills passed facilitating a move to bring the electric car manufacturer Faraday Future to Nevada. The legislation has already been signed into law by Gov. Brian Sandoval.

Photo of the Nevada Legislative Building by Dave Parker on Wikimedia Commons.

After questions arose regarding certain contributions, state Senator David Sanders admitted to a mistake of contributing $5,000 of his 2014 campaign’s surplus funds to his political action committee.  After admitting the mistake and consulting with the Arkansas Ethics Commission, Sanders returned the contributions to 12 campaign contributors.

Sanders also admitted to failing to file required reports for his political action committee, which have since been filed to remedy the problem. Sanders chalked up his mistakes as “simply an oversight,” and there are no penalties expected to be handed down by the Arkansas Ethics Commission.

On December 17, 2015, the Fair Political Practices Commission amended its regulations related to agency provided tickets or passes. Currently, tickets and passes an agency provides to agency officials for entertainment, amusement, or recreational events are treated as gifts.

Regulation 18944.1 creates an exception from the statutory definition of “gift” for tickets or passes provided by an agency to certain agency officials under specified circumstances, allowing agency officials to use tickets and passes without violating the state’s gift law.

The proposed regulation was adopted with a vote of 5-0. It will go into effect 30 days after filing with the Secretary of State.

On December 16, Gov. Scott Walker signed two bills amending campaign finance rules, increasing political contribution limits, and replacing the state’s Government Accountability Board (GAB) with two new agencies, one overseeing elections and the other overseeing ethics.

Other changes include resuming the practice of allowing lawmakers to determine funding for investigations of public officials, which had been halted when GAB was formed, and in changing the commission members from nonpartisan judges to appointees chosen by the governor and legislative leaders.

Kevin Kennedy, chief administrator of GAB, said there are still many questions to be answered regarding the transition. He said his agency would work with the governor’s administration to ensure a smooth transition.

The campaign finance bill is effective January 1, 2016. The new commissions replace GAB on July 1, 2016.

On Tuesday, December 15, Gov. Brian Sandoval signed a proclamation calling a special session of the Legislature to meet on Wednesday, December 16 at 5:00 pm. The session is being called to consider tax abatements and other incentives to lure the electric car company known as Faraday Future to North Las Vegas, according to the Las Vegas Sun.

Photo of the Nevada Legislative Building by Ryan Jerz on Wikimedia Commons.

The San Jose City Council approved an ordinance modifying the city’s campaign finance law.

Ordinance No. 29642 allows separate contribution limits for both the special municipal election and the special runoff election. The ordinance also changed the campaign contribution period to end at 11:59 p.m. on the day before the election.

The new law took effect December 14, 2015.