The Legislature convenes its annual veto session on Wednesday, September 11, 2013. Among the vetoed bills eligible for an override vote are House Bill 110 and Senate Bill 29.

House Bill 110 requires a special election to fill the lieutenant governor’s office if there is an early vacancy due to resignation, death, or impeachment. Senate Bill 29 requires certain public labor unions to obtain annual consent from members before withholding dues and fees from their paychecks for political contributions or expenditures.

Gov. Jay Nixon has declined to call a special session to allow lawmakers to craft a new version of a vetoed income-tax bill. Override votes require a two-thirds vote in each chamber.

Photo of the Missouri State Capitol by RebelAt on Wikipedia.

Gov. Nathan Deal has issued writs of election to fill vacancies in House Districts 100, 104, 127, and Senate District 14.

The special elections will be held on November 5, 2013. House Districts 100, 104, and Senate District 14 became vacant due to resignations.

House District 127 became vacant due to the passing of Representative Quincy Murphy.

The number of municipalities and regional governments our research associates track continues to grow. We now cover more than 230 municipalities and local governments. This is part of a continuous effort to better serve the needs of our clients.

We recently added seven municipalities for which our clients will find comprehensive, timely, and accurate information that includes: complete calendars of reporting deadlines; critical statutory citations; extensive directories of contact information; summaries of each state law; detailed reference charts on goods and services contributions; highlights of every statute; copies of all required forms; and much more.

The new municipalities are:

Surrey, BC
Lancaster, CA
Miami-Dade County Public Schools, FL
Pinellas County, FL
DuPage County, IL
Hilliard, OH
York County, PA
Sioux Falls, SD

At any given time, more than 1,000 legislative bills, which can affect how you do business as a government affairs professional, are being discussed in federal, state, and local jurisdictions. These bills are summarized in State and Federal Communications’ digital encyclopedias for lobbying laws, political contributions, and procurement lobbying, and can be found in the client portion of our website.

Summaries of major bills are also included in monthly e-mail updates sent to all clients. The chart below shows the number of bills we are tracking in regard to lobbying laws, political contributions, and procurement lobbying.

Lobbying

“Lawmakers allege lobbyist intervention during hearing” by Julian Hattem in The Hill.

Tennessee: “Ethics Commission stalemates on whether to penalize Tom Ingram” by Tom Humphrey in the Knoxville News Sentinel.

Campaign Finance

A press release from the National Press Club: “Campaign Finance Experts Potter and Wertheimer to Discuss New Supreme Court Case Focusing on Donation Limits to Candidates” in the Rock Hill Herald.

Ethics

Delaware: “Developer pleads guilty to illegal contributions” by Randall Chase (Associated Press) in the Connecticut Post.

Virginia: “Cuccinelli donates $18,000 value of Star chief’s gifts” by Laura Vozzella in The Washington Post.

Wisconsin: “Lawmakers approve first audit of Wisconsin’s Government Accountability Board”  by The Associated Press in the Star Tribune.

State Legislatures

Minnesota: “Special sessions: How often and how long?” by Rachel E. Stassen-Berger in the Star Tribune.

Redistricting

“Time to tackle 2020” by Markos Moulitsas in The Hill.

Texas: “Court: Texas can use exiting election maps in 2014” by The Associated Press in the Las Vegas Sun.

Wisconsin: “Bipartisan group pushing for redistricting reform” by The Associated Press in WAOW News.

Lobbying

“Lobbyist league says mission will remain the same” by Byron Tau in Politico.

California: “FPPC fines Kinney, Areias and Hickox for covert lobbying” by Laurel Rosenhall in the Sacramento Bee.

Massachusetts: “Top ten lobby shops each netted more than $600K in first half of 2013” by Andy Metzger in the Patriot Ledger.

Campaign Finance

West Virginia: “State: Mingo County PAC didn’t violate law” by The Associated Press in the Charleston Gazette.

Ethics

Arkansas: “Arkansas Ethics Commission says in letter it’s investigating lt. gov. over campaign reports” by Andrew DeMillo (Associated Press) in The Republic.

Minnesota: “Minn. campaign regulators elect new chairwoman” by The Associated Press in WQOW News.

New York: “NY effort to reveal pols’ law clients has backing” by The Associated Press in The Wall Street Journal.

Pennslvania: “State House panel considers strengthening the state ethics law” by Jan Murphy in the Patriot-News.

Pennsylvania: “State Rep. Daryl Metcalfe calls for investigation into whether Attorney General Kathleen Kane violated the state ethics law” by Jan Murphy in the Patriot-News.

State Legislatures

Hawaii: “Hawaiian governor calls for special session to legalize gay marriage” by Tim Gaynor in Reuters.

Minnesota: “Minnesota legislators OK disaster relief; tax talks delayed” by Jim Ragsdale and Rachel E. Stassen-Berger in the Star Tribune.

Oregon: “Education groups to Kitzhaber: Special session would help stabilize Oregon school funding” by Hannah Hoffman in the Statesman Journal.

On September 9, 2013, the Oklahoma Legislature adjourned its special session sine die.

Gov. Mary Fallin had called the special session to address the issue of how lawsuits are filed, which became a problem after the Oklahoma Supreme Court invalidated a law on that topic. The special session, which began on September 3, produced 23 bills related to lawsuit reform.

In her press release, Fallin stated, “These measures will help to keep jobs in Oklahoma and further our reputation as a business friendly state.”

Yesterday, New Jersey Gov. Chris Christie vetoed Assembly Bill 4237, which would have merged the dates of this year’s general and special elections.

Because New Jersey’s statewide elections in November are scheduled only 20 days after the October special election, critics have argued the expense of the two elections is too costly for the state and will diminish voter turnout for both elections. The vetoed bill changed the date of the 2013 general election from November 5 to October 16 and directed the secretary of state to provide appropriate notice to state, county, local officials, and the general public as to the change of date.

Another bill vetoed yesterday, Assembly Bill 4249, would have allowed early in-person voting at designated polling places during the special general election scheduled for October 16, 2013. Under the vetoed bill, votes would have been considered in-person early voting for both the vacant U.S. Senator seat and for all offices and public questions to be voted on at the general election on November 5, 2013.

I think we all have an idea of what the definition of good government might look like.

1. Bipartisan discussion over important current issues.
2. Keeping “what is best for the country and the electorate” as the most important issue.
3. Maintaining an acceptable conduct as elected public officials.
4. Being receptive to business and other public opinions without being manipulated by special interest groups.

Most of you understand this definition, although I am sure many of you are wondering where these things have gone and what has made them so difficult to maintain and achieve.

Well, I think it has a lot to do with the second part of the title and that includes the words, “In This Environment.”

Just what do these words mean and how have things changed to create the environment we now live in or at least have to live within?

And, of course, the most difficult question “Will good government improve and change the environment we live in or vice versa, Will a better environment give us the opportunity to create good government”

Do I have you sufficiently confused?

The fact is no two topics are more closely related when trying to evaluate this simple statement, “Is good government possible in this environment?”

The sad state of affairs is if you asked the majority of the voting population, the first answer would be “NO.” Of course, NO would be followed by a long litany of their own personal opinions and political advice, be it left or right, which would make everything better if we just follow blindly.

They would also say, not following these simple but absolutely uncompromising ideals is what has gotten us into this mess in the first place.

Judging which of these groups—be they left, right, up, down, or in the middle—is the most responsible for the dilemma of searching for good government, is worse than flipping channels on cable news networks at 5 after 8 p.m. each weekday evening.

Almost incredibly, the art of bad politics has created such an adversarial environment; it seems to be blocking out the sunlight and preventing what this country has done so well for more than 200 years…Govern well.

We seem to be so bogged down in the processes and partisanship, we have lost track of what are the important issues of the day. Good governing—which means in the end, getting things done in a manner as outlined by our Constitution.  This document has no provisions for obstructionism. If anything, it has far more implied provisions for compromise and reconciliation.

This is a bit overwhelming for me—a small business owner, in a regional city like Akron, Ohio—to address. You see, the main goal of my company, in a manner of speaking, is to assure good government has half a chance to exist. State and Federal Communications is responsible for assisting corporations and trade associations to realize what the laws say and stay compliant to the laws as they relate to their lobbying and political contributions activities.

This simple idea of  operating within the framework of the law is what we excel in conveying to our clients. We make no compromises, and we expect good ethical conduct from our clients. We suggest by doing this, our clients can create a GOOD environment, which in turn will allow for the opportunity for good government to thrive and, thereby, help our clients continue to be successful businesses.

This is just our small world of specific topics—lobbying and political contributions—but it also allows us to think of how these simple principles work on a much more grand scale—such as on the national level.

It seems the environment has become polluted and is no longer conducive to allowing good government to thrive. At every turn, we hear about corruption and degradation of “the environment” at almost every level.

Think for a minute. How often do you read or hear about an elected or appointed official, tasked with the responsibility of good governing or overseeing good government at the municipal, state, or even federal level, in some type of ethical or criminal trouble?

These constant stains on our national environment leave those attempting to provide good government with an almost impossible task. Add to this situation the lack of confidence by the electorate and the constant partisan bashing of government officials in the media, and you begin to see how difficult changing this environment has become.

So, who wins? Good government or the bad environment? And, is it possible for good government to inevitably thrive again?

My answer is, YES. But, we must be diligent and use the power we have been given to fix this situation. It may be one of the most disheartening bits of information out there, but the fact that sometimes only 25 to 50 percent of eligible voters take advantage of this privilege is amazing.

We have it within our power as individuals to push things back on the path of good governing and good government. And, we will. We need to encourage everyone to use their constitutional right and step up and be heard. We need to:

1. Demand politicians maintain a high ethical standard;
2. Demand policies and issues are dealt with in a compromising manner so progress can be made; and
3. Be assured, elected officials are more concerned with doing what is best for the people and the country and are not driven by special interest groups or mindless re-election campaigns.

And, most of all, encourage everyone to go out and VOTE. That single simple task, just a few times a year, is our best hope for assuring good government is still possible in this environment.

Thank you,

Elizabeth Z. Bartz
President and CEO

On November 16, 2013, a special primary election will be held for the Louisiana state House District 87 seat. State Rep. Girod Jackson III resigned in August due to allegations of federal tax fraud.

If no candidate receives a majority of the votes in the special primary election, a special runoff election will be held on December 14, 2013.

Lobbying

“‘Big bucks’ lobbying hurts American political system” by Jim Nowlan in the News-Gazette.

“Lobbying the Media Pivotal to Legislative Issues” by Dara Kam in Sunshine State News.

“The State of Lobbying in a Gridlocked Congress” on Bloomberg TV.

New York: “Bill de Blasio fails to go public about all meetings with lobbyists” by Mara Gay in the New York Daily News.

Campaign Finance

“Legislators in at least 23 states are trying to do something about dark money” by Niraj Chokshi in the Washington Post.

“Unions dramatically increase super PAC donations” by Michael Beckel on NBC News.

“Many overhyped super PACs are super in name only” by Tarini Parti in Politico.

“In Senate bid, Markey benefited by contributions and spending by PACs, outside interest groups” by Steve LeBlanc (Associated Press) in The Republic.

Arkansas: “Arkansas Is Next Battleground For Citizens United Constitutional Amendment” by Paul Blumenthal in the Huffington Post.

Colorado: “Colorado Recall Drives Reveal Influence Of ‘Dark Money’ On Local Politics” by Frederick Reese in Mint Press News.

Ethics

Arkansas: “Lt. Governor Mark Darr could face state ethics violations” by Elicia Dover in KATV News.

Massachusetts: “Former ethics officials seeking change that would assist Wolf” by Matt Murphy in the Hanover Mariner.

Missouri: “Missouri House speaker’s side business raises ethical issues” by Jason Hancock in The Kansas City Star.

Washington: “Ethics refs say free college football for lawmakers is legal” by Jordan Schrader in The Olympian.

Legislative News

“What (Not) to Expect from Congress This Session” by Peter Harkness in Governing.

“From Barbeques to Pink Running Shoes: States’ Special Sessions” by Pamela M. Prah in Stateline.

California: “Lawmakers to weigh about 400 bills in session’s last week” by Patrick McGreevy and Melanie Mason in the Los Angeles Times.

Minnesota: “Minnesota lawmakers return to St. Paul today” by Rachel E. Stassen-Berger in the Star Tribune.

Missouri: “Guns, taxes on the agenda as Missouri lawmakers return to Capitol” by Elizabeth Crisp in the St. Louis Post-Dispatch.

Government Tech and Social Media

“Common Cause teams with techies to help voters” by The Associated Press in the Albany Times Union.

Beginning in March of 2014, contractors with the federal government will have additional requirements of disclosure concerning the hiring and employment of veterans and people with disabilities.

One regulation change sets up a hiring goal of people with disabilities for federal contractors and subcontractors. The goal is that seven percent of each job group in their workforce be staffed with qualified individuals with disabilities, according to the U.S. Labor Department press release released August 27, 2013.

The Labor Department identifies the seven percent goal as an “aspirational utilization goal” and states “the goal is not a quota”. The rule also specifies actions vendors must take in the areas of recruitment, training, record keeping, and policy dissemination. The U.S. Labor Department identifies these rules as being similar to those currently required to promote workplace equality for women and minorities.

Additionally, regulations concerning the Vietnam Era Veterans’ Readjustment Assistance Act have been amended to include hiring benchmarks, data collection, and allowing access to a contractor’s documentation related to compliance by the Office of Federal Contract Compliance Programs.

The rules become effective 180 days after their publication in the Federal Register.

National:

Battle over Dark Money Takes Many Forms on State Level

Sunlight Foundation – Peter Olsen-Phillips | Published: 9/5/2013

A Sunlight Foundation survey found dozens of laws that passed or are pending in state Legislatures addressing the U.S. Supreme Court’s Citizen United ruling. The foundation said while few bills have made it into law so far, the legislation that has been introduced suggests widespread interest in improving transparency at the state level.

Federal:

Feds Could Allow Bitcoin Campaign Donations

Politico – Byron Tau | Published: 9/4/2013

The FEC may determine rules governing donations made in Bitcoins and how they apply to campaigns. Lawyers for Conservative Action Fund PAC asked the agency decide if candidates and outside groups are allowed to accept the digital currency, in addition to U.S. dollars. Bitcoin, which allows for anonymous, encrypted digital transactions, has come under fire from regulators who worry about the lack of oversight and the currency’s potential use in crime.

From the States and Municipalities:

Alaska – Alaska Town Roots for Feline Mayor Attacked by Dog

Houston Chronicle – Rachel D’Oro (Associated Press) | Published: 9/5/2013

The honorary mayor of Talkeetna, Alaska is in bad shape after being attacked by a dog. Stubbs the cat made it to the mayor’s office through a write-in campaign. He has held the honorary position for more than 15 years. His election earned him enough press to catapult the town at the base of Mount McKinley into a tourist destination.

California – California Republicans Thrive at the Local Level

Los Angeles Times – Mark Barabak | Published: 9/3/2013

Over the last two decades, California has become a Democratic fortress, beyond the GOP’s reach in presidential campaigns and all but hopeless in statewide contests. At the local level, the picture is quite different. Despite the Democrats’ sizable statewide registration advantage, Republicans hold close to half the 2,500 mayoral and city council seats in California.

California – New Rules Give Daily Updates on Money in Mayor’s Race

San Diego Union Tribune – Craig Gustafson | Published: 9/4/2013

New rules in San Diego require any campaign contribution of $1,000 or more be disclosed within 24 hours during the 90-day period before an election. That is an expansion from the earlier state law that mandated such disclosures in the final 16 days of a race. The change will be in effect for the November 19 special election for mayor.

Colorado – In Colorado Recall Law, Victory for Incumbents Means Cash Refunds

Denver Post – Kurtis Lee | Published: 9/3/2013

If Senate President John Morse and Sen. Angela Giron win their recall elections, Colorado law provides that incumbents can collect up to 10 cents per vote. Morse and Giron, who face recalls for their support of gun laws passed this year by the Legislature, would have 60-days after the date of the recall election to file a request with the state.

Florida – Top Florida Senate Aide Gets $400,000 as Moonlighting Political Consultant

Tampa Bay Times – Mary Ellen Klas | Published: 8/31/2013

For three years, Chris Clark took a leave of absence from his job as a legislative staff member when the session ended and went to work as Florida Senate President Don Gaetz’s campaign manager, and earned more than $400,000. The lucrative arrangement underscores the financial ties special interests have with the Legislature as staff often cycle in and out of government and the private sector, developing relationships with the lobbyists who have a financial stake in influencing them.

Kentucky – Ex-Hoops Star Reaches Plea Deal, Could Get 2 Years

Kansas City Star – Roger Alford (Associated Press) | Published: 9/5/2013

Former Kentucky Agriculture Commissioner Richie Farmer entered into agreements with federal and state prosecutors, as well as the Executive Branch Ethics Commission, that would resolve all charges against him. He will plead guilty to two counts and receive a sentence in the range of 21 to 27 months. Farmer had faced a five-count federal indictment for misusing state resources. He also faced a 42-count charge brought by the commission.

Massachusetts – Former Mass. LG Fined for Campaign Violations

Boston Globe – Bob Salsberg (Associated Press) | Published: 8/29/2013

Timothy Murray agreed to pay $80,000 to settle charges he collected illegal campaign contributions raised by two public officials, capping a controversy that derailed the former Massachusetts lieutenant governor’s political career. Murray collected tens of thousands of dollars in donations solicited by former Chelsea Housing Authority Executive Director Michael McLaughlin, who was indicted for several campaign finance violations, including unlawful solicitation by a public employee.

New Jersey – Birdsall Services Group Ordered to Pay $1 Million after Pleading Guilty to Making Illegal Campaign Contributions

Bergen Record – Abbott Koloff | Published: 8/31/2013

Birdsall Services Group was ordered to $1 million in criminal penalties for making illegal campaign contributions that violated New Jersey’s “pay-to-play” law. The engineering firm is prohibited from working on government contracts in New Jersey for 10 years. Birdsall ceased operating after it declared bankruptcy earlier this year and sold its assets to a California company.

New Mexico – Judge Strikes Down City Ban on Corporate Gifts

Albuquerque Journal – Dan McKay | Published: 9/5/2013

U.S. District Court Judge M. Christine Armijo ruled Albuquerque’s ban on corporate campaign contributions is unconstitutional. Armijo did not explicitly address a companion prohibition that covers donations from city contractors. Her earlier decisions, however, restricted the scope of that ban.

Oklahoma – Oklahoma Ethics Commission Seeks Clearer Rules

Enid News & Eagle – Dale Denwalt | Published: 8/30/2013

Oklahoma Ethics Commission Director Lee Slater said a rewrite of the rules governing lobbying and campaign finance is on schedule. Slater said the first set of draft rules, dealing primarily with administrative matters, will be posted soon. Additional draft guidelines will be posted around the first of October and the first of November. The commission expects to vote on a final draft in January. Those rules will become effective 90 days after adoption unless they are rejected by the Legislature.

South Carolina – Leadership Positions Pay Off in Legislature

The State – Jamie Self | Published: 9/1/2013

Climbing the leadership ladder in the South Carolina General Assembly pays fundraising dividends for powerful lawmakers, according to campaign finance reports. A review by The State found contributions increased substantially for six members elevated to powerful leadership roles in the committees that oversee state spending and laws, and the Legislature’s political caucuses.

Texas – Eluding Big Ethics Fines

San Antonio Express-News – David Saleh Rauf | Published: 9/1/2013

The Texas Ethics Commission, when challenged in court, rarely walks away with the fine it originally levied. Experts point to the appeals process, which the commission and some lawmakers argue undermines the agency’s enforcement muscle. Since 1992, the commission has been challenged four times in court and forced to settle for reduced penalties in three cases.

Virginia – Study Highlights Check-Splitting in Va. Gift Reporting

Washington Post – Laura Vozzella | Published: 8/28/2013

Lobbyists who entertain state officials in Virginia often report each meal as a gift provided by multiple clients. Spreading entertainment costs across multiple clients also understates the value of gifts provided to legislators, who base their disclosure reports on gift summaries that lobbyists provide at the end of the year. Although the practice is not necessarily intended to dodge reporting requirements, it is drawing more scrutiny.

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

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