The Washington Legislative Ethics Board held a board meeting on October 14, 2014 to finalize rules defining “infrequent occasions” in the context of free meals accepted by state legislators. Section 42.52.150(5) of the Revised Code of Washington allows public officials to accept gifts in the form of food and beverage on infrequent occasions so long as attendance at such a meal is related to the performance of official duties. The Board voted unanimously to define infrequent occasions as up to 12 meals total per calendar year.

The scope of the rule is limited to food and beverage paid for by a registered lobbyist or lobbyist employer. A qualifying meal under the rule is breakfast, lunch, or dinner, regardless of cost, when the guest would normally be expected to sit down and eat, such as in a restaurant or private residence.

The Board was careful to maintain the exceptions in the Ethics Act permitting public officials to accept complimentary food and beverages at hosted receptions and in other limited circumstances.

This rule takes effect January 1, 2015.

The Fair Political Practices Commission (FPPC) has given notice of proposed amendments to regulations in Title 2, Division 6 of the California Code of Regulations. The FPPC will make adjustments to the gift and campaign contribution limits to reflect changes in the consumer price index.

In order to provide the adjustment in time for the new calendar year, the November index is used to make the final calculation. The proposed amendments make adjustments for the period from January 1, 2015, through December 31, 2016.

The FPPC will consider the proposed regulations at a public hearing on or after November 20, 2014. The proposed amendments are available here.

A proposed constitutional amendment on the November 4, 2014, ballot will determine whether voters are willing to extend term limits for state lawmakers in exchange for strict ethics laws for lobbyists and corporations. Issue 3 will ban corporate and union gifts to political campaigns, ban lobbyist gifts to legislative and executive officials, and extend term limits for legislators to at least 16 years.

Under the current state constitution, lawmakers typically serve no more than six years in the House and eight years in the Senate. The ballot measure would allow lawmakers to serve 16 years in the same office, or even longer for senators winning special two-year terms after each decennial census and redistricting process.

Adding term limits to the bill helped the ethics package pass the Legislature, but has decreased the popularity of the ballot measure in pre-election polls.

Oklahoma’s Revised Constitutional Ethics Rules will go into effect at staggered intervals between December 2014 and February 2015. The new rules will affect the majority of lobbying and campaign finance laws.

Provisions pertaining to lobbyist registration are effective December 1. Registration expiration and renewal dates will not change, but electronic registration will be required.

Current provisions related to lobbyist reporting dates will remain in effect until January 31, 2015, to facilitate end of year filings. The new lobbyist reporting provisions are effective February 1 with the first report due electronically on February 6 for both legislative and executive lobbyists.

All campaign finance  provisions take effect January 1, 2015.

The Delaware Senate adjourned its brief special session on October 8, 2014.

Senators unanimously confirmed James Vaughn Jr. to the state Supreme Court.

Vaughn has served the past 15 years as a Superior Court judge.

Republican attorney general candidate Shane McCormack is calling for tougher campaign finance rules for those holding the office. McCormack’s proposal would ban current service providers from contributing to a sitting attorney general and would prevent a donor from becoming a contractor after a successful campaign.

During a debate on Vermont Public Radio, McCormack revealed current attorney general Bill Sorrell accepted $8,000 from Dallas-based Baron & Budd, a law firm later hired as counsel. Sorrell defended the contribution by stating it was properly disclosed and the law firm was hired due to its expertise in the area being litigated.

Baron & Budd was hired following a recommendation from the Agency of Natural Resources to litigate a contaminated groundwater case against the fuel industry. Sorrell claims the agency was unaware of the contribution prior to making the recommendation.

On October 8, 2014, the Delaware Senate convened a special legislative session.

Gov. Jack Markell called the special session to confirm a new state Supreme Court justice.

On Monday, October 8, 2014, the Metropolitan King County Council passed an ordinance establishing a living wage. Ordinance 2014-0299 applies to all county employees and to county contractors with contracts totaling more than $100,000.

Beginning April 1, 2015, Schedule I employers, which are companies with more than 500 employees in the U.S., must pay their employees $11 per hour. The hourly living wage rate will increase on January 1, 2016, to $13 per hour or $12.50 if the employer contributes to its employees’ health plan. The hourly wage will increase yearly as provided in the ordinance until 2018, when all further increases will be tied to the national inflation rate. Beginning January 1, 2019, payment by the employer of health benefits will no longer affect the hourly rate.

Schedule II employers, which are companies with 500 or fewer employees in the U.S., must pay their employees $10 per hour. Beginning January 1, 2016, the hourly rate increases yearly to reach $17.25 by 2024. Beginning January 1, 2025, Schedule II employers must pay their employees a living wage equal to that of Schedule I employers.

The living wage ordinance applies to any contract over $100,000 entered into on or after April 1, 2015, the effective date of the ordinance.

On October 2, the U.S. Supreme Court agreed to hear a case concerning whether a state commission created to craft federal congressional districts violates the Elections Clause of the U.S. Constitution. In Arizona State Legislature v. Arizona Independent Redistricting Commission, a voter initiative amended the state constitution to give the authority of redistricting to a commission rather than the state Legislature.

In February, a District Court held the Elections Clause does not prohibit Arizona from using a voter initiative to give congressional redistricting authority to a redistricting committee.

The Colorado Republican Party has been given permission to form an independent expenditure committee, or super PAC, because state law includes political parties under the definition of “persons.” A district court judge granted the party’s motion for summary judgment and will allow the group to raise and spend unlimited funds to aid in electing Republican candidates.

Earlier this year, the party asked Republican Secretary of State Scott Gessler for permission to form the committee. Gessler said he did not have authority to issue permission but encouraged the party to sue the state to clear up the matter. Republican Attorney General John Suthers appears to have followed Gessler’s lead and essentially did not fight the suit.

Nonprofit campaign finance watchdog Ethics Watch intervened in the case and argued a political party should not be able to set up a super PAC – as the huge influx in campaign spending might make candidates, who need a party’s endorsement to get their name on the ballot, beholden to the super PAC’s contributors.

Colorado voters passed a constitutional amendment in 2002 prohibiting corporations and labor unions from directly supporting candidates or political parties. In his decision, Second District Court Judge Robert McGahey avoided the constitutional conflict and maintains it is legal to establish the super PAC as long as it is truly independent of the party.

The U.S. Supreme Court agreed today to hear the case of a former Florida judicial candidate disciplined for violating state law by soliciting campaign contributions in 2009. Lanell Williams-Yulee, who ran for county court judge in Tampa, argues the law violates her right of free speech.

Currently, Florida and 29 other states prohibit judicial candidates from personally soliciting campaign contributions. Courts are split on the issue with some saying such bans protect the integrity of the courts by ensuring judges remain impartial upon winning election.

A ruling is expected in June 2015.

The state ethics commission met September 30, 2014, for the first public meeting following the firing of former Executive Secretary Holly LaBerge. The commission closed 14 complaints against officials and candidates, approved three new advisory opinions, and discussed the agency’s future.

New staff attorneys Robert Lane and Bethany Whetzel have identified nearly 200 open ethics cases needing processed.

The commission will continue to consider recently drafted amendments to campaign and lobbying rules with the hope of passing the amendments by the end of the year. The amendments will clarify campaign reporting thresholds, permit gift splitting by lobbyists, and require reporting of gifts to family members of officials.

Gov. Jerry Brown has vetoed three ethics bills, including one to reduce the value of gifts lawmakers and officials may accept. SB 1443 would have prohibited all gifts from lobbyists and reduced the annual value of gifts from non-lobbyists to $200 per single source. The bill would have also prohibited officials from accepting tickets to concerts, golf passes, and gift cards.

Brown also vetoed SB 1442 and SB 831. The bills would have required more frequent campaign disclosures and forced interest groups to offer more information on sponsored trips for lawmakers.

Brown did sign SB 1441 to ban fundraisers at lobbyists’ homes. Effective January 1, 2015, the definition of “contribution” will include the value of lobbyists’ homes if used for a fundraising event.

County Council has voted to enact public financing for county elections beginning with the 2015-2018 election cycle. Bill 16-14 will establish a public election fund, regulate participating candidates, and authorize the Maryland State Board of Elections to enforce the provisions.

To qualify, candidates for county executive or council must demonstrate viability by raising a specific number of small individual contributions between $5 and $150. Candidates for county executive need at least 500 contributions totaling $40,000. At-large council candidates must collect 250 donations worth $20,000.

Maryland lawmakers included a public funding option for counties as part of a 2013 campaign finance reform bill. Montgomery is the first county to pass such a public campaign financing measure.