Two major bills passed by the Florida Legislature were signed by Governor Rick Scott late on Wednesday, May 1, 2013. The bills make significant changes to the state’s ethics and campaign finance laws.

Senate Bill 2, the state’s ethics overhaul, becomes effective immediately upon becoming a law.

House Bill 569, the campaign finance bill, takes effect November 1, 2013, except for the provisions eliminating committees of continuous existence (CCEs). CCEs are prohibited from accepting contributions after August 1, 2013, and their certification will be revoked as of September 30, 2013. Additionally, the bill requires the Division of Elections to present a proposal for mandatory electronic filing to the legislature by December 1, 2013.

For previous coverage about this legislation, see “Florida Legislature Passes Campaign Finance Bill” and “Florida Ethics Bill Heads to Governor Scott” by Jennifer Zona.

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.

The New York City Campaign Finance Board scored a decisive court victory when a court ruled in favor of the city’s campaign finance laws. United States District Court Judge Laura Taylor Swain upheld the city’s provisions limiting the amount of public funds available to candidates who do not face meaningful competition.

This provision, dubbed the “sure winners” provisions by the Campaign Finance Board, was under attack in Ognibene v. Parkes, a suit filed in 2008. In a non-competitive race, the city is allowed to withhold public funds from a candidate. The candidate may appeal that decision, claiming they face a significant opposition based on a set of objective criteria.

Examples of the criteria used include the opponent’s endorsements and the media coverage of the opponent. The court did say that the city could not use the opponent’s financial activity as criteria for the appeals process, but overall it was a clear victory for the Campaign Finance Board.

Amy Loprest, executive director of the Campaign Finance Board, said “This victory allows the CFB to hold on to an important tool for maintaining public confidence in the city’s campaign finance program.”

Neither party has any intentions of appealing the District Court’s ruling, effectively ending the suit after nearly five years.

Photo of Manhattan courtesy of AngMoKio on Wikipedia.

The Massachusetts Office of Campaign & Political Finance (OCPF) is holding a public hearing on May 8 concerning proposed updates to regulations regarding campaign finance disclosure.

The hearing will address revised provisions to the existing code and a new regulatory section “concerning the identification of funding sources for tax exempt and other organizations that raise funds to make contributions or independent expenditures”.

Additional OCPF proposals include addressing the use of a candidate’s legal defense fund, clarifying subvendor reporting requirements, and amending provisions concerning credit and debit card contributions. The draft regulations are available here.

Voters in the 53rd Assembly District will head to the polls June 11, 2013, to select a successor for Representative Bryan Hurlburt.

Rep. Hurlburt resigned his seat in mid-April to accept an appointment to the U.S. Department of Agriculture.

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.

The Washington State Legislature adjourned Sunday night, but state lawmakers are not done meeting this year. For the fourth consecutive year, the Legislature has been unable to complete the state budget and will have to go into special session.

The Legislature was statutorily mandated to adjourn on Sunday, but it is allowed a 30-day special session to come to an agreement on the budget. Governor Jay Inslee said budget negotiators will remain in Olympia to continue work on the budget, while all other legislators will report back on May 13 for the special session.

While in special session, the Legislature may take up other issues and Governor Inslee would like the lawmakers to handle issues involving abortion, gun control, and immigration. However, with the budget being the major issue, these secondary issues may not be discussed.

In regards to the budget, Governor Inslee said, “The parties are not miles apart at the moment, they are light-years apart.”

Photo of the Interior of the Legislative Building by Cacophony on Wikipedia.

Governor Andrew Cuomo has made a bold move; a move he hopes will slow down the corruption emanating from New York City. Governor Cuomo has decided not to call a special election to replace Assemblyman Nelson Castro’s seat representing the Bronx. Instead, the election to replace Castro will take place during the regularly scheduled city elections this November.

Castro resigned from his state Assembly seat as part of a deal made with prosecutors investigating public corruption in the Bronx.

Cuomo decided against the special election as way to quell the corruption taking place the city. Had Cuomo scheduled a special election, the Democrats would have had free reign to choose the successor, because the Bronx Democratic leader, Carl Hestie, would have been the one picking the candidate for his party. In the open primary, scheduled for September 10, outsiders have a much better chance at securing the Democratic nod.

Cuomo said, “Having the election during the already scheduled New York City elections, instead of calling a special election, will ensure maximum participation from the constituents of the 86th Assembly District and be the most cost-effective for taxpayers.”

Photo of Governor Cuomo courtesy of Pat Arnow 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.

The Fair Political Practices Commission has released the first known government ethics app. A free smartphone app called Gift Tracker is available for Android 4.0 phones (coming soon for iPhones) to let state officials and employees record gifts received from restricted sources.

Features allow users to record and search gift donors and the balance of allowable gifts remaining. In other words, an official sitting down to a free meal can check his phone to determine whether he orders the salad or the steak.

Information and download of the app are available here.

The Florida House and Senate reached a compromise on contribution limits, passing a comprehensive campaign finance bill.

The major changes in the bill include:

• Elimination of committees of continuous existence;
• Requiring weekly reporting by political committees and electioneering communications organizations beginning with the 60th day prior to a primary election and continuing until the 4th day before a general election, and daily reporting beginning with the 10th day before a general election;
• Increasing campaign contribution limits from $500 to $3,000 for a candidate for statewide office or retention as a justice of the state supreme court, and from $500 to $1,000 for a candidate for legislative office, retention as a judge of a district court of appeal, or circuit judge; and
• Elimination of limits on contributions to political committees.

The original bill increased all contribution limits from $500 to $10,000. At the beginning of debate on the bill, House Speaker Will Weatherford tweeted, “today is meet me halfway day.”

While critics argue the bill doesn’t go far enough and too many loopholes remain, Senator Jack Latvala, chairman of the Senate Ethics and Elections Committee, said the goal is transparency. He contends money in politics isn’t going anywhere, so the best the legislature can do is require disclosure.

The bill now awaits action by Governor Rick Scott.

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.

The Montana Senate and the House both adjourned sine die on April 24, 2013, three days ahead of the Legislature’s scheduled adjournment date.

Governor Steve Bullock, who does not have a pocket veto, has 10 days upon delivery to sign, veto, or recommend amendments to bills.

The Legislature, which meets in regular session for 90 working days in every odd-numbered year, will have its next regular session in 2015.

Photo of the Montana State Capitol courtesy of Wikipedia.

Lawmakers will return to Jackson on Friday, April 26, for a special session.

The session will likely focus on economic incentives for an automobile manufacturer considering building a manufacturing plant in Clay County, but Governor Bryant would only say it relates to the state’s automobile corridor.

The state’s Medicaid reauthorization will be addressed in a separate special session.