On January 3, U.S. Sen. Ted Cruz and U.S. Rep. Ron DeSantis proposed an amendment to the U.S. Constitution to impose term limits on members of Congress. The amendment would limit Senators to two six-year terms and House members to three two-year terms.

In a press release, Cruz states, “The time is now for Congress, with the overwhelming support of the American people, to submit this constitutional amendment to the states for speedy ratification.”

The election of a person filling a vacancy in the House would be counted as one term if the person fills the vacancy for more than one year. In the Senate, the vacancy would have to be filled for more than three years to be counted.

Lobbying

Maryland: “Interim City Solicitor Pays Rent to Powerful Lobbyist’s Firm” by Doug Donovan for Baltimore Sun

Nevada: “Nevada High School Students Learn the Legislative Ropes and Pass Real Laws” by Sandra Chereb for Las Vegas Review-Journal

Campaign Finance

California: “Political Donations Flow as Rick Caruso Seeks Approval for a 20-Story Tower Near the Beverly Center” by David Zahniser for Los Angeles Times

Ethics

“House GOP Reverses Course on Gutting Ethics Panel” by Rachel Bade for Politico

Indiana: “Critics Want Tighter Restrictions on Post-Legislative Work” by Hayleigh Colombo for Indianapolis Business Journal

Montana: “Political Practices Commissioner to Remain in Office for Now” by Matt Volz (Associated Press) for The Missoulian

Oklahoma: “Oklahoma House Has Sketchy Recent History with Policing Its Own” by Barbara Hoberock for Tulsa World

Texas: “Senator Goes for Low-Hanging Fruit in Ethics Reform” by Jay Root for Texas Tribune

Elections

Minnesota: “In Minneapolis City Council Races, So Far There’s Left, and Further Left” by Adam Betz for Minneapolis Star Tribune

Legislative Issues

Maine: “1-Sentence Draft Bills Criticized for Lack of Transparency” by Marina Villeneuve (Associated Press) for Fairfield Citizen

On Friday, North Carolina filed an emergency motion with the U.S. Supreme Court to issue a stay on the federal appeals court ruling that North Carolina must hold special elections in November 2017 for General Assembly seats in unconstitutionally gerrymandered districts.

The legislature would need to redraw districts by mid-March to comply with the ruling. Supreme Court Chief Justice John Roberts set the deadline for a response in the case for January 9, 2017.

The District 20 seat will soon be vacant when Congressman-elect James Raskin (D) transfers to Washington, D.C. and Delegate Will Smith (D) fills Raskin’s position in the Maryland Senate.

Two public forums will be held by the Montgomery County Democratic Central Committee in January to recommend one of the six candidates pursuing the spot. Gov. Larry Hogan has 30 days to make the appointment based on the recommendations of the party committee.

A new lobbying law took effect on January 1, 2017, requiring lobbyists to register with the city clerk, to inform the city of their clients, and to wear lobbyist badges when in City Hall.

The ordinance also includes civil and criminal penalties for registration violations. The Registration and Regulation of Lobbyists ordinance adopted by the Reno City Council on October 12, 2016, is the first law requiring lobbyist registration in the City of Reno.

Following a rebuke in a series of tweets from President-elect Donald J. Trump and negative public reaction, the vote yesterday by the House Republican Conference to weaken the Office of Congressional Ethics has been reversed.

This morning Trump tweeted, “With all that Congress has to work on, do they really have to make the weakening of the Independent Ethics Watchdog, as unfair as it may be, their number one act and priority. Focus on tax reform, healthcare and so many other things of far greater importance! #DTS.” The hashtag #DTS is recognized to stand for the term “drain the swamp.”

House Majority Leader Kevin McCarthy offered a motion to restore the current OCE rules, which was accepted by the conference, according to Politico. Republicans planned to replace the Office of Congressional Ethics with a standing committee called the Office of Congressional Complaint Review, which would report to the House Ethics Committee. The resolution put forward by Republicans would have limited the power of investigation and the independence of the Office of Congressional Ethics.

On January 1, the Rhode Island Lobbying Reform Act took effect. The Act repeals the lobbying laws in Title 22 and Title 42 in the state’s statutes and enacts a new consolidated code section covering both the legislative and executive branches of government.

Among the changes in the new law are the simplification of lobbyists’ reporting requirements, an increase in penalties for failing to comply with lobbying requirements, and the allowance for more investigative and administrative authority for enforcing the lobbying laws, including administrative subpoena power.

On January 1, the Election Finances Statute Law Amendment Act took effect, prohibiting political contributions from corporations and labor unions and lowering the province’s contribution limits from individuals.

The new law also prohibits all provincial politicians, candidates, and senior political staffers from attending fundraising events, with certain exceptions.

Third-parties, who currently face no spending restrictions on advertising, are now limited to $100,000 per election period and $600,000 in the six months before a general election is called.

On January 1, new changes to regulations concerning gifts for federal employees took effect.

Among the changes the Office of Government Ethics (OGE) made to the federal regulations include a non-binding recommendation employees “consider declining otherwise permissible gifts if they believe that a reasonable person with knowledge of the relevant facts would question the employee’s integrity or impartiality as a result of accepting the gift.”

Additionally, federal officials who are required to be granted permission to attend “widely attended events” must now seek the permission in writing.

The $20 threshold for accepting a gift remains the same.

Today, the United States House of Representatives may vote to replace the Office of Congressional Ethics with a standing committee called the Office of Congressional Complaint Review, which would report to the House Ethics Committee. On January 2, the House Republican Conference voted to submit the change, over the objections of Speaker Paul Ryan, according to the New York Times.

The resolution put forward by Republicans specifically limits the power of investigation and the independence of the Office of Congressional Ethics. The resolution will be considered today when the representatives vote on their House Rules. The Office of Congressional Ethics was created in 2008 in response to various corruption scandals, including those involving Jack Abramoff, a former lobbyist convicted of conspiracy and wire fraud.

Campaign Finance

Missouri: “Missouri Campaign Contribution Limits Remain in Place After Latest Hearing” by Kurt Erickson for St. Louis Post-Dispatch

New York: “Why Developers of Manhattan Luxury Towers Give Millions to Upstate Candidates” by Cezary Podkul and Derek Kravitz (ProPublica), and Will Parker (The Real Deal) for ProPublica.org

Ethics

“With No Warning, House Republicans Vote to Gut Independent Ethics Office” by Eric Lipton for The New York Times

“Advertising’s Moral Struggle: Is online reach worth the hurt?” by Sapna Maheshwari for The New York Times

“The Enemy Within: Bribes bore a hole in the U.S. border” by Ron Nixon for The New York Times

Alabama: “After Release from Prison, Former Alabama Rep. Terry Spicer Lands Another State Job” by Jim Cook for Dothan Eagle

Connecticut: “Ethics Opinion: Aresimowicz can be House speaker, union staffer” by Mark Pazniokas for Connecticut Mirror

New York: “How Cuomo’s Signature Economic Growth Project Fell Apart in Utica” by Vivian Yee for The New York Times

Elections

“David Fahrenthold Tells the Behind-the-Scenes Story of His Year Covering Trump” by David Fahrenthold for The Washington Post

North Carolina: “Judge Puts NC GOP Elections Board Makeover on Hold after Roy Cooper Sues” by Anne Blythe and Colin Campbell for Raleigh News & Observer

Today, Governor-elect Roy Cooper filed a legal challenge against Senate Bill 4. Wake County Superior Court Judge Donald Stephens agreed to block the law from taking effect while the lawsuit is pending.

Senate Bill 4 would have taken effect January 1, 2017, to merge the State Board of Elections with the State Ethics Commission and create a new eight-member board split evenly between Republicans and Democrats. The bill was passed by a Republican dominated legislature in an attempt to limit the power of the executive branch before newly elected Democrats take power.

As everyone prepares to celebrate the holiday, I would like to take this opportunity to offer a note of thanks. State and Federal Communications has had an amazing year and we look forward to a bright 2017.

We wish you a wonderful New Year.

Elizabeth Bartz
President and CEO of State and Federal Communications, Inc.

This month, the Texas Ethics Commission adopted a new rule adjusting the compensation and reimbursement threshold for lobbyists.

The new rule eliminates an exception not requiring a person to register as a lobbyist if he or she lobbied no more than five percent of his or her compensated time during a calendar quarter. Under the new rule exception, a person is not required to register as a lobbyist if the person spends not more than 40 hours during a calendar quarter engaging in lobbying activity for which the person is compensated or reimbursed.Time spent on preparatory activity is included in determining whether the 40-hour threshold has been met.

This rule goes into effect January 1, 2017.