The Legislature adjourned the fiscal session sine die on March 19, 2014.

Legislators successfully passed the $4.7 billion budget and overrode Gov. Mike Beebe’s line-item veto of a tax break for oil and gas drillers.

The General Assembly adjourned sine die late Thursday, March 20, 2014.

Any bills not passed by the adjournment deadline cannot become law. A pay-to-play bill to require contribution disclosure by state contractors was among the unpassed bills.

Senate Bill 310 would have required contractors to disclose contributions exceeding $5,000 on the same schedule as other campaign finance reports.

Philadelphia passed ethics legislation providing a dollar limit on gifts during its March 20 meeting. The legislation prohibits all city officers and employees from receiving gifts worth more than $99 in a calendar year from any donor, and bans all cash gifts.

A number of exceptions are provided, including food and beverage at meetings and non-ticketed receptions.

The bill is expected to be signed by Mayor Nutter. Board of Ethics Executive Director Shane Creamer said the Board will begin working on new gift regulations once the bill is signed.

The Assembly has passed a bill to widen the ability of lobbyists to provide campaign contributions.

Senate Bill 655 allows a lobbyist to deliver or personally make political contributions as early as April 15 of a general election year, the same day candidates can circulate petitions for office.

Currently, lobbyists must wait until June 1 to make contributions. The bill now goes to Gov. Scott Walker.

Federal:

Lobbyist Faces $5 Million Fine for Allegedly Failing to File Disclosure Reports

Washington Post – Holly Yeager | Published: 3/18/2014

Federal prosecutors said Alan Mauk and his firm, Alan Mauk Associates, did not file required quarterly lobbying reports at least 13 times between 2009 and 2013. In addition, they are charged with failing to file semi-annual reports on political contributions on at least 13 occasions, also in violation of the Lobbying Disclosure Act. The law carries a fine of up to $200,000 for each violation. House and Senate officials notified Mauk at least 22 times about the missing reports, according to the civil complaint.

RNC Chair Calls for Reversal of ‘Soft Money’ Ban to Finance Conventions

Washington Post – Matea Gold and Philip Rucker | Published: 3/18/2014

The U.S. Senate approved a House bill that takes $126 million over 10 years out of the Presidential Election Campaign Fund and authorizes it for use in pediatric medical research. White House Press Secretary Jay Carney said President Barack Obama would sign the legislation. Republican National Committee Chairperson Reince Priebus said political parties should be able to raise “soft money” to pay for their presidential nominating conventions now that federal funding for the quadrennial events will be cut off.

From the States and Municipalities:

Arizona – Former Fiesta Bowl Chief Sentenced to 8 Months in Prison

Arizona Daily Star – Jacques Billeaud (Associated Press) | Published: 3/13/2014

John Junker, the former chief executive officer of the Fiesta Bowl, was sentenced to eight months in federal prison for violating campaign finance laws. He became the sixth person to be sentenced in a scheme in which bowl employees were reimbursed for donating federal, state, and local candidates. The scandal also exposed the lavish spending and perks the Fiesta Bowl heaped on lawmakers and employees, though no charges were filed involving those perks.

California – Highlighting Democratic Losses, Republicans Block California Campaign Finance Bill

Sacramento Bee – Jeremy White | Published: 3/17/2014

California Democrats’ loss of a legislative supermajority stifled their push to change the state’s campaign finance law. Senate Bill 27, which fell one vote short of passage, sought to lift the veil on outside campaign spending by compelling nonprofits to identify their donors if contributions hit certain thresholds in a given election cycle.

California – San Diego’s Ethics Commission Seeks to Rein in Independent Committees

inewsource.org – Joe Yerardi | Published: 3/14/2014

The San Diego Ethics Commission proposed reforms that would restrict the activities of independent political committees in the city. They are permitted to raise unlimited funds from nearly any source but are prohibited from coordinating strategy with candidates’ campaigns. At a recent meeting, the first in a months-long process, the commissioners debated the suggested changes.

Colorado – Investigation: Lobbyists skipped $90K in fines to Colorado

KUSA – Brandon Rittiman | Published: 3/15/2014

Lobbyists in Colorado are required to register and file disclosures stating who is paying them and how much. State law says the fines are charged to the person who registers as a lobbyist, not the organization they work for. This means groups can keep on influencing public officials even if some of the lobbyists who worked for them owe thousands of dollars to the state.

Georgia – Ordinary Citizens Find They Can Have an Impact at the Capitol

Augusta Chronicle – Walter Jones (Morris News Service) | Published: 3/19/2014

Many regular citizens show up at the Capitol and attempt to influence Georgia lawmakers. Angela Bean and Jan Horne, for example, spent a lot of time at the statehouse this year for various causes. “We know our being here is important; if people are going to come down here, the legislators know we’re representing [others] who aren’t here that feel the same way,” said Bean.

Indiana – Lawmaker with Industry Ties Worked to Nix Nursing Home Ban

The Post Tribune – Tom LoBianco (Associated Press) | Published: 3/17/2014

On the surface, Indiana Rep. Eric Turner had nothing to do with a last-minute decision to defeat a proposed nursing home moratorium that would have harmed his son’s business. But behind the scenes, Turner played a much different role, urging fellow Republicans during a private caucus meeting to defeat the moratorium. Last year, The Associated Press reported Turner had pushed a measure to benefit a client of his daughter, who is a lobbyist.

Maryland – Actor Kevin Spacey to Promote ‘House of Cards’ Tax Credit at Annapolis Reception

Washington Post – John Wagner | Published: 3/20/2014

Gerard Evans, an Annapolis-based lobbyist for “House of Cards,” has invited the entire Maryland General Assembly to a local wine bar on March 21 to meet the show’s star, Kevin Spacey. The event is scheduled just a few days after the Senate voted to increase a tax credit that rewards production companies that choose to film in the state. The House has yet to act on the bill. “House of Cards” has been the biggest beneficiary of the credit in recent years.

New Jersey – Attorney General to State Police: Stop photographing protesters at Chris Christie town halls

Newark Star Ledger – Jenna Portnoy | Published: 3/19/2014

After criticism that the action violated civil liberties, New Jersey Attorney General John Hoffman banned state police from taking photographs of hecklers and protesters at Gov. Chris Christie’s now-weekly town hall meetings. At least a dozen people were thrown out of a recent town hall after shouting criticisms at Christie. They complained about how his administration is distributing federal recovery money and questioned the governor’s role in a political payback scandal orchestrated by his aides.

North Carolina – Tweak to N.C Law Protected Duke Energy’s Coal Ash Pits

Greensboro News and Record; Associated Press –   | Published: 3/17/2014

In 2013, a coalition of environmental groups sued to force Duke Energy to clean up nearly three dozen leaky coal ash dumps spread across North Carolina. The company turned to the state Legislature for help. Documents and interviews show how Duke’s lobbyists prodded Republican lawmakers to tuck provision in a regulatory reform bill that allowed Duke to avoid any costly cleanup of contaminated groundwater leaching from its unlined dumps toward rivers, lakes, and the drinking wells of nearby homeowners.

Ohio – Cincinnati Lobbyist Pleads Guilty Over Unreported Gifts

Cincinnati Enquirer – Chrissie Thompson | Published: 3/19/2014

John Rabenold, vice president of governmental affairs for Axcess Financial, which runs Check ‘n Go, will be sentenced on May 1 for a pair of misdemeanor counts of filing false lobbying disclosure forms. Authorities said Rabenold failed to disclose meals and gifts he provided to Ohio lawmakers on his filings in 2010, as the payday lenders tried to hold back efforts to pass tighter regulations on the industry.

Ohio – Ohio Case Gets Serious and Satirical Attention before Supreme Court Hearing

Coshocton Tribune – Deirdre Shesgreen (Gannett Newspapers) | Published: 3/17/2014

Weighing in against an Ohio statute that makes it a crime to lie about a candidate, the Cato Institute filed a brief co-written by humorist P.J. O’Rourke with the U.S. Supreme Court using satire to poke fun at what it calls an “Orwellian” law that violates the First Amendment. The justices will not decide whether the law is constitutional but instead examine whether the plaintiffs have standing. Experts say that question, while seemingly technical, is important. And the underlying issues, touching on politics and free speech, are even more vital.

Pennsylvania – City Council Approves Ban on Cash Gifts to Phila Officials

Philadelphia Inquirer – Claudia Vargas and Tony Graham | Published: 3/20/2014

The Philadelphia City Council passed an ordinance that bans the city’s officers and employees from receiving any cash from a person seeking business or official action, while allowing non-monetary gifts up to $99 in value annually per donor. Mayor Michael Nutter is expected to sign the bill into law. City Board of Ethics Executive Director Shane Creamer said his agency would start working on new regulations once Nutter signs the measure.

Pennsylvania – Kane Shut Down Sting That Snared Phila. Officials

Philadelphia Inquirer – Angela Couloumbis and Craig McCoy | Published: 3/16/2014

Pennsylvania Attorney General Kathleen Kane shut down an operation that allegedly showed a handfull of Philadelphia politicians, including four members of the city’s state House delegation, accepting bribes and unreported gifts. The sting has not led to charges against the accused, according to The Philadelphia Inquirer. The report shows the probe seems marred with political head-butting between Kane and state prosecutor Frank Fina, who led the investigation. Kane called the investigation poorly conceived, badly managed, and tainted by racism, saying it had targeted African Americans.

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The Board of Supervisors resumed a series of discussions on ethics legislation introduced last year by City Attorney Dennis Herrera and Board of Supervisors President David Chiu. Ordinance 130374 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.

Nonprofit staff would be required to register if they make five or more contacts with covered officers in a single month. Outside consultants communicating with public officials regarding contract bidding and negotiating would be subject to the registration and reporting requirements of lobbying.

The ordinance has been substituted and assigned to the Government Audit and Oversight Committee.

The lieutenant governor’s office could be vacant if Glenn McConnell is selected as the College of Charleston’s next president on July 1. Senate President Pro Tempore John Courson is next in line to become lieutenant governor, but said he would not take the office if school trustees choose McConnell.

South Carolina would not have a lieutenant governor until January, 2015 when the winner of the November general election takes the oath of office. A constitutional amendment passed in 2012 will end the separate ticket for lieutenant governor beginning with the 2018 election.

A federal lobbyist who allegedly failed to file numerous disclosure reports could face up to $5.2 million in fines. According to the Washington Post, Alan Mauk and his lobbying firm did not file 26 or more quarterly and semi-annual lobbyist reports due between 2009 and 2013. Failing to comply with reporting requirements of the Lobbying Disclosure Act can subject an individual to a civil fine in an amount up to $200,000 for each violation. The civil complaint against Mauk was filed by the U.S. Attorney’s Office for the District of Columbia last week, according to The Hill.

Lobbying

“Wide-Ranging Bill Seeks to Shine More Light on Lobbying and Regulatory Process” by Charles S. Clark in Government Executive.

Kansas:  “Legislator proposes to ban judicial lobbyists” by Andy Marso in The Topeka Capital-Journal.

Ohio: “Lobbyists spent $609K on state officials last year” by Jim Siegel in The Columbus Dispatch.

Tennessee: “Brew Battle: Tennessee Whiskey Makers Employ DC Lobbyists to Fight Over Product Definition” by Tess VandenDolder in InTheCapital.

Campaign Finance

“Watchdogs: Wordless political ads may break federal rules” by Fredreka Schouten in USA Today.

“Merriam-Webster Makes ‘Super PAC’ Official” by Dave Levinthal in The Huffington Post.

California: “Highlighting Democratic losses, Republicans block California campaign finance bill” by Jeremy B. White in The Sacramento Bee.

California: “Report: Rebooting Campaign Finance Disclosure in California” by Ed Coghlan in Public CEO.

District of Columbia: “D.C.’s Office of Campaign Finance is failing its mission” editorial piece in The Washington Post.

Michigan: “Electronic Campaign Finance Reporting Expanding in Some Michigan Counties” by the Michigan Radio Network on News Radio Wood.

New Hampshire: “N.H. voters embrace campaign finance reform” by John Toole in the Eagle-Tribune.

Virginia: “Former Edwards financial backer ‘Bunny’ Mellon dies at 103” on CNN Politics.

Ethics

Louisiana: “It’s official: Edwin Edwards is running for Congress” by Lauren McGaughy in The Times-Picayune.

Pennsylvania: “State Ethics Commission: ʹCulture of excessʹ led to gifts” by Dave Marcheskie on WHTM ABC 27 News.

The State Ethics Commission has called a public hearing to introduce new rules regarding lobbying complaints. The hearing will be held at 10:00 a.m. on May 9, 2014, at the Capehart Crocker House, Commission Meeting Room, 424 North Blount Street, Raleigh, North Carolina. Oral comments about the new rules will be accepted at this meeting.

Written comments should be directed to Pam Cashwell via U.S. mail at 1324 Mail Service Center, Raleigh, North Carolina 27699; via fax at (919) 716-1644; or via email at pam.cashwell@doa.nc.gov. The written comment period began March 17, 2014, and will end May 5, 2014.

On March 13, a bill was introduced in the U.S. House of Representatives requiring increased disclosure from lobbyists and public officials. U.S. Rep. Mike Quigley introduced the Transparency in Government Act.

The act, House Resolution 4245, makes several changes to the current Lobbyist Disclosure Act (LDA), including:

• Establishing the Lobbyist Disclosure Enhancement Act;
• Removing references to the IRS definition of lobbying, leaving only the LDA definition of lobbying;
• Changing the requirement for lobbyist registration by removing the current 20 percent work time threshold; and
• Requiring:
  • Lobbyists to report political contributions quarterly rather than semiannually;
  • Lobbyists to complete ethics training within six months of being hired and once every five years thereafter;
  • Lobbyists to register within 10 days, rather than 45 days, of making a lobbying contact;
  • Organizations that hire a lobbyist intending to make more than one lobbying contact to register; and
  • The clerk of the House and the secretary of the Senate to develop a system that assigns an identification number to each lobbyist.

The bill also amends the Freedom of Information Act and makes other changes regarding disclosure and transparency in federal contracting and the three branches of federal government.

In his press release, Quigley states, “The Transparency in Government Act shines a light on every branch of the federal government, strengthening our democracy and promoting an efficient, effective and open government.”

Photo of U.S. Rep. Mike Quigley courtesy of the U.S. House of Representatives website on Wikimedia Commons.

Lobbying

“Lobbyists stick with Putin” by Kevin Bogardus in The Hill.

Canada: “Lobbyists looking to give back with new pro bono advocacy organization” by Mark Burgess in The Hill Times.

Colorado: “Investigation: Lobbyists skipped $90K in fines to Colorado” by Brandon Rittiman on KUSA 9News.

Oregon: “Longest-serving lobbyist dies” by Peter Wong in the Statesman Journal.

Campaign Finance

“In midterms, a battle of billionaires” by Laura Barron-Lopez in The Hill.

California: “San Diego’s Ethics Commission Seeks To Rein In Independent Committees” by Joe Yerardi in KPBS.

Florida: “Politicians enjoy winter in South Florida – for raising money” by Anthony Man in the Sun Sentinel.

Massachusetts: “Senate passes campaign finance reporting bill” by Sara Brown in The Eagle-Tribune.

New York: “Senate public finance provision raises questions” by Karen DeWitt on WRVO Public Media.

Pennsylvania: “Between a website and a hard place: On campaign finance rules” by Mary Wilson on WITF.

Utah: “Utah lawmakers OK campaign finance reporting bill” by The Associated Press in the San Francisco Chronicle.

Ethics

U.S. House Committee on Ethics: “Ethics Committee Gets New Staff Director” by Matt Fuller in Roll Call.

“Congress Gets Away With Free Foreign Trips” by Kent Cooper in Roll Call.

“Former Rep. Edolphus Towns Driven To Personal Use of Campaign Funds” by Kent Cooper in Roll Call.

Mississippi: “Bills could strengthen access to Miss. public info” by The Associated Press in the San Francisco Chronicle.

From the State Legislatures

Idaho: “Idaho’s substitute law unique” by Betsy Z. Russell in The Spokesman-Review.

The city of Lakewood, Colorado revised its campaign finance ordinance; the new provisions are effective April 1.

The most notable change is a shift away from state law. Colorado allows any municipality with an adopted ordinance covering any issue addressed in the Fair Campaign Practices Act to assume jurisdiction over all campaign finance matters occurring within the municipality.

Lakewood will no longer fall within the jurisdiction of the secretary of state, as the ordinance adds provisions concerning contribution limits, registration and reporting requirements, and civil penalties for violations of municipal campaign finance law.

Photo of the Lakewood Civic Center courtesy of Jeffrey Beall on Wikimedia Commons.

Along with their stunning new website, the Association of Government Relations Professionals has launched a member spotlight series. We are proud to say Elizabeth Bartz is the first member to be featured.

Take a look at “4 Questions with a Member: Elizabeth Bartz” and find out how she started in government relations, her professional philosophy, and her involvement in the community!

Congratulations, Elizabeth!