Lobbyists and lobbyist’s principals can no longer register, reregister, or continue to be registered in South Carolina if they have outstanding late filing penalties.

House Bill 3183, which Governor Nikki Haley recently signed into law, prohibits the State Ethics Commission from allowing delinquent lobbyists and lobbyist’s principals to participate in lobbying until the fines and filing have been remedied.

The bill also delineates what the fines and penalties are for late filing. Persons filing late are first fined $100 if a report is not filed within 10 days of the due date. After receiving notice by certified or registered mail that a required report has not been filed, there is a $10 a day fine for the first 10 days after receiving the notice. The fine increases to $100 a day for each additional day the required report is not filed, capping at $5,000.

If the report is still not filed, the offender faces an additional misdemeanor conviction with imprisonment or fines.

Flag of South Carolina courtesy of mapsof.net.

A bill which establishes a cap of $5,000 per calendar month on civil penalties for failure to file statements or include required information has passed the Oregon House Committee on Rules.

Senate Bill 270 removes “unfulfilled pledge, subscription, agreement or promise to make contribution” from the definition of contribution.

Additionally, the bill, which passed the Senate in March, also changes the period for assessing civil penalties for violations of campaign finance reporting requirements.

The bill leaves the committee for a full house vote.

Pursuant to the city of San Diego’s Election Campaign Control Ordinance, the San Diego Ethics Commission has released the final version of the 2012 Committee Manual.

The manual addresses the recent changes to San Diego’s campaign finance laws and how they will impact each type of committee required to make a report in the 2012 election year.

Colorado Common Cause and Colorado Ethics Watch have filed a complaint against Colorado Secretary of State Scott Gessler alleging Gessler illegally “exceeded his authority to administer and enforce campaign finance laws by dramatically increasing the constitutional threshold for regulation of issue committees.”

At issue is Gessler’s recent adoption of Campaign and Political Finance Rule 4.27, which increased from $200 to $5,000 the threshold at which an issue committee must register and report. The $200 threshold, set by the Colorado Constitution, was found to be too burdensome in the recent Colorado case of Sampson v. Buescher. However, the issue of whether the court determined the $200 threshold to be unconstitutional, as Gessler contended to be the case in a statement released concerning the increased threshold, is central to this action.

“The Secretary is under the mistaken impression that he has authority to rewrite campaign finance laws, not merely make rules to enforce those laws,” said Luis Toro, Executive Director of Colorado Ethics Watch. “Disclosure thresholds are clearly not within the authority of the Secretary of State to change.”

The Alabama Legislature adjourned on June 9, 2011.

Before adjourning, the legislature passed House Bill 0058 which requires public officials, spouses of public officials, candidates for public office, and spouses of candidates for public office to disclose employment or contracts with the state and federal government.

The bill has been sent to the governor for signature.

Photo of the Alabama State Capitol by Jim Bowen on Wikipedia.

The U.S. Court of Appeals for the Ninth Circuit has issued an opinion in Thalheimer v. City of San Diego. The Court upheld San Diego’s prohibition on political contributions to candidates, political parties, and political action committees by non-individual entities such as corporations and labor unions.

The district court’s injunction of the prohibition on non-individual entity contributions as it applies to political party contributions to candidates was affirmed.

The Ninth Circuit further upheld San Diego’s law prohibiting contributions to candidates outside of a 12 month pre-election window.

The district court’s decision to preliminarily enjoin a $500 limit on contributions to political committees that make only independent expenditures, which includes contributions by individual and non-individual entities was affirmed.

As part of the Governor’s Entrepreneurial Business Conference, Governor Jack Markell unveiled a new website to expedite the process of doing business with the state.

The new website http://mymarketplace.delaware.gov, serves as a single information source for the entire procurement process.

The website was developed by Delaware’s Office of Management and Budget to combine information from different sources regarding vendor registration, bidding procedure, and bid solicitation.

Governor Jan Brewer has called the Legislature to begin a special session on Friday, June 9, 2011.

The purpose of the special session is to extend unemployment benefits for the state’s jobless.

The New York Governor’s Office has released the ethics bill created by the agreement between legislators announced last Friday.  The bill, which had previously been titled the Clean Up Albany Act of 2011, will be known as the Public Integrity Reform Act.

Chiefly, the bill establishes an independent Joint Commission on Public Ethics and enhances disclosure requirements by requiring state employees to disclose income from outside sources and names of clients. The Joint Commission on Public Ethics will have jurisdiction over all elected state officials and their employees in the executive and legislative branches, as well as lobbyists.

The bill provides the Joint Commission on Public Integrity must create an online ethics training course for registered lobbyists with a specific curriculum regarding the public officers’ law and ethics to be completed every three years. Additionally, the bill requires the disclosure by lobbyists of any reportable business relationship of more than $1,000 with public officials.

The definition of “widely attended” event is altered to include any event where 25 or more people other than legislators, officials, or government employees attend and which is related to the attendee’s duties or which allows the public official to perform a ceremonial function.  The bill also allows officials to accept food or beverage valued at $15 or less.

The bill increases penalties for violations of the filing requirements and contribution limits and provides for a special enforcement proceeding in the Supreme Court.

The bill must age three days after its introduction and then can be voted on by the Legislature. The Legislature will recess today until next Monday, making adoption possible next week.

The 76^th session of the Nevada Legislature ended its scheduled 120 day assembly on June 6.

Upon receiving any remaining bills which have passed, Governor Brian Sandoval has 10 days to veto or sign the legislation.

Closeup photo of the Nevada State Capitol is from a photo by Dave Parker on Wikipedia.

The South Carolina Supreme Court has ruled the Legislature does not have to meet today in a special session called by Governor Nikki Haley.

In a 3 to 2 decision, the court denied the special session, writing: “Although the General Assembly is currently in recess, it has not adjourned sine die and, therefore, is still in its annual session. Under these specific facts, respondent cannot convene an ‘extra’ session of the General Assembly since it is currently in session. To do so would interrupt the annual session and would violate the General Assembly’s authority to set its calendar and agenda and would constitute a violation of the separation of powers provision.”

The Legislature will meet in a previously scheduled session on June 14.

This blog post follows up a previous article “South Carolina’s Extra Special Session” by George Ticoras on June 3.

The Capitol Club, a lobbyist association in Oregon supplied the funding for the state’s Legislature to supply streaming video of hearings and sessions to mobile devices.

Read about what will now be offered and why the Capitol Club stepped up to help in Govtech.com’s article “Lobbyists Help Oregon Legislature Stream Video to Mobile Devices” by Sarah Rich from June 4.

New York Governor Andrew Cuomo and General Assembly leaders have reached an agreement regarding comprehensive ethics reform.  The agreement titled the “Clean Up Albany Act of 2011,” creates a joint commission on public ethics to investigate violations of law by members of both the executive and legislative branches, oversee their financial disclosure requirements, and oversee lobbyists with newly expanded disclosure rules and definition of lobbying.

The act expands lobbying disclosure requirements, including the disclosure by lobbyists of reportable business relationships of more than $1,000 with public officials. It also expands the definition of lobbying to include advocacy to affect the introduction of legislation or resolutions.   Additionally, the act calls for the state board of elections to issue new regulations clarifying disclosure requirements for independent expenditures.

Photo of Governor Cuomo by Pat Arnow on Wikipedia.

The regular session of the South Carolina Legislature adjourned on June 2 and a special session is scheduled for June 14. However, Governor Nikki Haley has requested an earlier additional special session for June 7 to pass further legislation, but the elected representatives may not convene.

While House Speaker Bobby Harrell has instructed house members to return on June 7, Senate President Pro Tempore Glenn McConnell has said the senate will not return, even though both the governor and Senator McConnell are in the same political party.

Several legislators challenge the governor’s legal authority to convene a special session without extraordinary circumstances.