The Virginia General Assembly adjourned sine die on Sunday, February 27, 2011, one day after the originally scheduled sine die adjournment date. The Legislature voted to extend the session in order to finish work on the state budget. This is the sixth time in the last twelve years the Legislature has needed to extend the adjournment date, which includes having adjourned one day later than scheduled in 2010 as well.

Following adjournment, the General Assembly entered into a special session in order to consider drawing new legislative maps in response to the release of the 2010 Census numbers. The special session was immediately recessed until April 4, 2011.

Photo of the Virginia Capitol by Amadeust on Wikipedia.

Directors of the California Public Employees’ Retirement System (CalPERS) adopted several new ethics proposals. Among the proposals are rules to regulate fee payments to placement agents, who help funds gain access to CalPERS decision makers, and rules to ensure the same staff members who negotiate investment deals do not monitor their success.

Additionally, the directors approved a requirement for investment partners to hold meetings in modest office settings instead of vacation resorts. The directors postponed decisions on proposals to reduce or eliminate travel, gifts, and other accommodations outside investment firms provide board members, and to impose a two-year “revolving door” ban on certain CalPERS employees.

These regulations being put in place are in line with legislation taking effect earlier this year requiring placement agents to register as lobbyists and regulating how the agents are paid.

Photo of CalPERS headquarters by Coolcaesar on Wikipedia.

Jim Sedor, the editor of State and Federal Communications’ News You Can Use, offers this breaking news item. Jeff Cox, a deputy attorney general in Indiana, has been fired for commenting on his Twitter account that police in Wisconsin should use live ammunition to disperse protesters.

For the full story, here is the article by Chris Sikich and Mary Beth Schneider in the Indianapolis Star: “Indiana official fired for remarks on Twitter” from February 24.

Here is a statement from the Attorney General’s Office on Jeff Cox’s online postings and his being fired.

Robert W. Hayes, Jr., Chairman of the Senate Ethics Committee has introduced a bill to redefine the definitions of committees involved in political campaigns and to add a definition of ‘independent expenditure committee.’ Senate Bill 0593 is a response to South Carolina Citizens for Life, Inc. v Krawcheck, a federal court decision finding the state’s definition of committee unconstitutional.

Based on the court decision, the State Ethics Commission announced in October of 2010 it would not enforce provisions of the state law concerning making independent expenditures. Among the refined definitional changes in the bill is wording specifically detailing the major purpose of the committees, usually for the support or opposition of a ballot issue or election of a candidate. In the bill, an ‘independent expenditure committee’ is defined as an association, a club, an organization, a group of persons or a person whose major purpose is to support or oppose the nomination or election of a candidate to elective office and makes independent expenditures in excess of $5,000 during an election cycle.

This post is an update to two previous Lobby Comply articles by George Ticoras:

“Ethics Commission Not Appealing Decision Striking Down Definition of Committee” from October 19

“South Carolina Defines Committee Too Broadly” from September 20

The new limits, which will be in effect through February 24, 2013, feature very modest increases in each category. For instance, an individual may now donate $11,543.70 to a PAC, a statewide candidate, or state-level legislative candidate; the previous amount was $11,395.56. Maximum individual contributions to statewide parties increased from $34,186.68 to $34,631.11.

Contribution limits for judicial candidates will remain at current levels.

The U.S. Supreme Court rejected an appeal by Human Life of Washington challenging Washington’s campaign finance disclosure law.  The Supreme Court let stand without comment a Ninth U.S. Circuit Court of Appeals ruling that upheld the state’s disclosure requirements for political committees, independent expenditures and political advertising.

Human Life of Washington challenged the requirements as a violation of its free-speech rights, as it sought to keep donors in a 2008 campaign opposing an assisted-suicide ballot measure confidential.   The group argued that it was not required to register as a political-action committee and disclose donors because its advertisements did not specifically reference the ballot measure.

Photo of the U.S. Supreme Court by UpstateNYer on Wikipedia.

Governor Dannel P. Malloy has proposed reducing the number of budgeted state agencies from 87 to 57 in a move intended to increase efficiency and save the state money. Included in the reduction plan is a proposal to combine the Office of State Ethics, Elections Enforcement Commission, Contracting Standards Board, Freedom of Information Commission, and Judicial Review Council into a new agency to be named the Office of Governmental Accountability.

While not detailing how these agencies would be capable of functioning as one, or where any cost savings would be seen, Malloy did question in a press release why all these agencies are presently separate, stating “…why are all of the government accountability functions…separate entities when so many of their issue areas and jurisdiction overlap? It just didn’t make sense.”

Quickly voicing their concern against this proposal was the non-profit group Common Cause, noting how each of these “watchdog” agencies presently must keep watch over the other. A statement released by Common Cause noted “If a citizen files a complaint that the Elections Enforcement Commission or the Office of State Ethics has violated the FOI Act, the watchdog agency would be both the respondent and judge. It is unlikely that the new commission would bring ethics charges against itself, and this watchdog agency would undermine the public’s confidence and become a national joke.”

Photo of the state capitol by Ragesoss on Wikipedia.

Starting July 1, those in Orange County, California who are seeking to influence county government will be required to register with the Board of Supervisors. Under the new law, county lobbyists must register within 10 days of commencing lobbying activity and renew these registrations annually.

The registration fee will be $75 for an initial registration and $50 for each annual renewal thereafter. Orange County is the largest municipality in the state without a system for monitoring and disclosing lobbying activity. The regulation does not apply to those lobbying on behalf of nonprofit organizations.

The State Ethics Commission has created a ‘Debtors’ page on its web site, posting the names of lobbyists, lobbyists’ principals, public officials and others who have failed to pay late filing penalties and enforcement fines. The commission hopes to use this publicly available consolidated listing to help ensure compliance with the registration and disclosure requirements under the campaign finance and lobbying laws of the state.

The penalties owed range from $732,400 all the way down to $10. The page includes contact information for anyone appearing in the list to arrange for payment.

U.S. District Court Judge D. Brock Hornby has held that Maine’s campaign finance reporting law is constitutional.  The law requiring groups that raise more than $5,000 to influence elections to register with the state and disclose donors who make contributions of $100 or more was challenged by the National Organization for Marriage on the basis that the law was vague and overly broad.

The Maine Commission on Governmental Ethics and Election Practices investigated the organizations activity, alleging that they had violated Maine campaign finance law by raising and spending more than $5,000 to help overturn the Maine law allowing same-sex marriage but not following the reporting requirements. A lawsuit continues in state court that challenges the state’s ability to investigate violations of the campaign finance law.

The Alaska Public Offices Commission (APOC) has chosen Paul Dauphinais as its new executive director. Mr. Dauphinais has served as the president of Garrett College in Maryland, the director for the University of Alaska in Palmer and the executive director for the Homer Chamber of Commerce. He also has a PhD in History and an MS in Information Systems and is a retired commander of the U.S. Navy.

Mr. Dauphinais starts February 22, replacing Holly Hill who held the position since 2008.

You can read the full press release here.

Map of Alaska by Skew-t on Wikipedia.

Currently, corporations are prohibited from any campaign activity other than those contributions allowed by the U.S. Supreme Court in its “Citizens United” decision.

Corporations would still be forbidden from contributing to a candidate committee or political party committee.

South Dakota seal from an image of the state flag by Denelson83 on Wikipedia.

Senator Michael G. Waddoups introduced a bill mandating training for all registered lobbyists. SB 251 requires the lieutenant governor to develop and maintain a training course for lobbyists and make the training available on the internet to both lobbyists and the public. The bill also includes a component to help lobbyists understand state campaign finance requirements.

Lobbyists would be required to complete the training course once a year. A lobbyist who does not complete the training required could face a $1,000 fine and suspension of their lobbying license.

Photo of Senator Waddoups courtesy of the Utah Senate Web site.

The House Ethics Committee voted 5-3 against HB 0164, a bill imposing campaign contributions limits. Representative Rebecca Chaves-Houch had formerly introduced the legislation only four days earlier.

Utah presently has no limits to the amounts one can contribute to candidates for state offices. The bill caps contributions to $5,000 for legislative candidates, $10,000 for gubernatorial candidates, and $10,000 to state PACs.

Representative Chaves-Houch intends on reintroducing some version of the bill, possibly next year.

This post follows up a previous article by George Ticoras called “Putting Limits on Utah Contributions” from February 8, 2011.

Photo by Scott Catron on Wikipedia.