December 17, 2010 •
Alabama Lawmakers Pass Seven Ethics Bills
Important changes made to lobbying and campaign finance rules.
The Alabama legislature concluded its special session late Thursday. The lawmakers passed versions of all seven bills proposed by Governor Bob Riley.
The new laws modify and strengthen state lobbying, campaign finance, and ethics rules. Among the highlights of the laws heading to the Governor’s desk is a requirement for those seeking a state grant or contract with the executive branch to register as lobbyists.
Under another pending bill, a lobbyist will be forbidden from giving an official a “thing of value” with certain exceptions, such as a meal costing $25 with a total limit of $125 per year. Governor Riley’s office has indicated each of the seven passed bills will be signed into law unless the staff reviewing them discovers mistakes or errors.
Photo of Alabama State Capitol by Jim Bowen on Wikipedia.
December 17, 2010 •
Hawaii State Ethics Commission Selects New Executive Director
Kondo to Become Executive Director of Hawaii State Ethics Commission in 2011
The Hawaii State Ethics Commission has selected Mr. Leslie H. Kondo to serve as the new Executive Director, effective January 11, 2011.
Kondo has served as a member of the Hawaii Public Utilities Commission since 2007, and has previously served as the director of the State Office of Information Practices. Mr. Kondo holds a law degree from the University of Hawaii.
December 14, 2010 •
California Senator Introduces Lobbying Bill
Lou Correa’s Bill Would Create Local Lobbying Regulation
State senator Lou Correa has introduced a Senate Bill 31, a law laying groundwork to eventually require local government lobbying registration. The law would apply to any municipality applying for a discretionary grant from any state agency or department.
The bill is, at this point, nothing more than an introductory statement but could force the hands of municipalities such as Orange County, who have thus far balked at attempts to regulate lobbying activities.
December 14, 2010 •
Wisconsin G.A.B. December Meeting Convenes
The Government Accountability Board December 2010 meeting will convene Tuesday, December 14 and Wednesday, December 15, 2010.
The meeting was postponed one day due to inclement weather. The open session will convene Tuesday at 9:30 a.m. The closed session will convene Wednesday at 9:00 a.m. The Government Accountability Board has scheduled its next meeting for Thursday, January 13, 2011. The meeting will be conducted by teleconference.
The public can observe the meeting at the Government Accountability Board offices, 212 East Washington Avenue, Third Floor in Madison, Wisconsin, beginning at 10:00 am.
The Government Accountability Board meeting notice and supplementary materials may be accessed here.
December 13, 2010 •
From the State of Mississippi
Secretary of State Rolls Out New Electronic Filing System for Lobbyists
On December 15, 2010, the Mississippi Secretary of State’s Office will roll-out a new electronic filing system for lobbyists and clients. The new electronic filing system is for 2011 new registrations and lobbying reports.
All 2010 cycle reports will be still be filed on paper.
The new electronic filing system may be accessed at: http://www.sos.ms.gov/elec/portal/msel/portal.aspx
December 13, 2010 •
Timely Campaign Finance News from Georgia
Georgia State Ethics Commission Increases Contribution Limits
The State Ethics Commission has approved an increase in contribution limits for both statewide and other offices. The contribution limit for a statewide office during each primary and general election has been increased from $6,100 to $6,300, while the limit for a runoff election for the primary or general election has increased from $3,600 to $3,700.
Additionally, contribution limits for all other offices during each primary and general election have increased from $2,400 to $2,500, and from $1,200 to $1,300 for a runoff election resulting from the primary or general election.
December 10, 2010 •
Chairman of New York Commission on Public Integrity Resigns
Commission Chair Resigns and Express Concerns Regarding the Operation of the Commission on Public Integrity
Michael Cherkasky resigned as chairman of the New York Commission on Public Integrity sighting personal conflicts of interest. Cherkasky explained in his resignation letter that the recent acquisition of Altegrity Inc., where he is chief executive officer, could create future conflicts of interest with him functioning as commission chair.
Cherkasky also identified several concerns he has for the future of the commission including the lack of resources allocated to the commission, the lack of enforcement over the legislative branch, and issues with the commission having too many members and being overly partisan. Cherkasky’s resignation is effective January 1, 2011.
December 9, 2010 •
Dealing with New Jersey’s “Wheeling”
Senator Weinberg Offers Legislation For Governor Christie’s Tool Kit
State Senator Loretta Weinberg has proposed legislation to end loopholes in the New Jersey pay-to-play laws and to end “wheeling”, the channeling of money through different political committees to avoid contribution limits. “This new bill will give us the iron-clad restrictions against the practice of using campaign cash to influence decision-makers that has unfortunately become business as usual in the Garden State,” said Weinberg.
Additionally, county and municipal political parties would be banned from donating to each other and limited to donating $25,000 to state parties. County parties would only be allowed to donate to local parties within their jurisdiction. Senator Weinberg would like her pay-to-play reform added as a part of Governor Christie’s municipal and county “tool kit”, but has not received any response from the Governor.
Photo of Sen. Loretta Weinberg by Bbsrock on Wikipedia.
December 9, 2010 •
Missouri Bank Fights New Ethics Law
Bank Challenges Missouri SB 844’s Limits on Political Contributions; Bill Sponsor Seeks Change in Law
Legends Bank is seeking to block enforcement of Missouri’s new ethics law, found in Senate Bill 844, which took effect August 28. Legends Bank and its president filed suit Monday in Cole County Circuit Court citing language that limits the bank’s right to make political donations. Senate Bill 844 sought to limit politicians’ ability to conceal the source of money by moving it through several political action committees.
Legends Bank claims that in determining which individuals and entities can donate to political action committees, lawmakers appear to have limited the ability of state-chartered banks to donate. Republican Senate president pro-tem Charlie Shields, who sponsored Senate Bill 844, stated to the St. Louis Post-Dispatch the goal of the bill was never to stop banks or corporations from making political donations and that the disputed language should be fairly easy to fix.
Photo of the Missouri Capitol by RebelAt of English Wikipedia.
December 9, 2010 •
What are the “Magic Words?”
Colorado Supreme Court to Make Decision in Regards to Campaign Finance
The Colorado Supreme Court has agreed to hear a case brought by Colorado Ethics Watch concerning the so-called “magic words” required of political ads. Colorado Ethics Watch filed the complaint against Senate Majority Fund and Colorado Leadership Fund after the two 527 political organizations ran campaign ads supporting state legislative candidates in the 2008 election but did not register as political committees or submit independent expenditure disclosures for the ads.
An Administrative Law Judge determined, and the Colorado Court of Appeals agreed, registration and reporting were not required because the ads did not contain terms such as “vote for” or “defeat.” It is expected the case will be briefed in early 2011, with oral arguments taking place in the spring.
Seal of the State of Colorado by Svgalbertian on Wikipedia.
December 9, 2010 •
Alabama Lawmakers Convene in Special Session
They Have an Eye on Ethics Reform
Governor Bob Riley has called the Alabama state legislature into special session. The lawmakers are expected to convene on December 8, 2010 and take up the issue of ethics reform.
This year, the state was plagued by a scandal in which lobbyists and local businesspeople attempted to or actually did bribe legislators to vote for pro-gambling legislation. During the upcoming session, lawmakers are expected to pass reform reducing the amount a lobbyist may spend on an official without reporting it. Additional changes suggested by the Governor include a ban on PAC-to-PAC transfers of funds and requiring those who lobby the executive branch for contracts to register.
Photo of Governor Bob Riley by MSGT MARK OWEN, USAF on Wikipedia.
December 9, 2010 •
Columbia Mayor Wants Local Ethics Commission
Composition Of Council Suggested
Columbia Mayor Steve Benjamin is pursuing the creation of a local ethics commission to replace the city’s reliance on the state. Currently, city ethics issues are resolved by South Carolina’s ethics commission. Mayor Benjamin believes reliance on a local commission with local ordinances would better serve Columbia and its city council.
The seven member commission would be made up of four residents from each of the council’s four political districts, a certified public accountant, a local business owner and an attorney. The attorney, who would serve as chairman, must not have done business with the city.
Photo of downtown Columbia by Akhenaton06 on Wikipedia.
December 9, 2010 •
Iowa Ethics and Campaign Disclosure Board Selects New Executive Director
Charlie Smithson is leaving to become Iowa House’s chief clerk.
The Ethics and Campaign Disclosure Board has hired Megan Tooker as its new executive director. Tooker was unanimously selected by the six-member board and will assume the role on January 1, 2011. Before joining the agency, she graduated from Drake law school and clerked for former state supreme court Justice Michael Streit.
The outgoing director, Charlie Smithson, is stepping down from the position to become the Iowa House’s new chief clerk. Smithson had been with the board since 1998 and was originally its legal counsel. The Ethics and Campaign Disclosure board administers and advises on state lobbying, campaign and ethics laws and, to a certain extent, local ethics rules.
December 2, 2010 •
Wisconsin Supreme Court to Hear Campaign Finance Case
The Wisconsin Supreme Court will hear a case regarding a campaign finance rule amendment requiring groups to disclose the source of funding for political advertisements made prior to elections.
At the heart of the controversy is the Government Accountability Board’s (G.A.B.) rule which took effect August 1, 2010. The rule says advertisements broadcast in the weeks before an election must disclose their funding sources even if they do not expressly advocate a vote for or against a party or candidate.
Prior to the amendment, groups could evade disclosure requirements by running advertisements disguised as issue advocacy, so-called “phony issue ads”. Such ads were not considered political in nature as they did not contain what G.A.B. spokesperson Reid Magney calls the “magic words”: specific calls for viewers to vote for, elect, or approve a given candidate. The G.A.B.’s rule was meant close the “phony issue ad” loophole.
The Wisconsin legislature, for its part, permitted the G.A.B. rule to come into force on August 1, 2010. Since the rule’s effective date, however, groups across the state have claimed the rule infringes on their First Amendment rights to free speech. Several lawsuits, including two in federal court, have been filed challenging the rule’s constitutionality.
The judges in both federal cases have stayed the suits filed in their courts pending a resolution in the state case. Oral arguments begin in the Wisconsin Supreme Court on March 9, 2011.
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.