Two major bills passed by the Florida Legislature were signed by Governor Rick Scott late on Wednesday, May 1, 2013. The bills make significant changes to the state’s ethics and campaign finance laws.

Senate Bill 2, the state’s ethics overhaul, becomes effective immediately upon becoming a law.

House Bill 569, the campaign finance bill, takes effect November 1, 2013, except for the provisions eliminating committees of continuous existence (CCEs). CCEs are prohibited from accepting contributions after August 1, 2013, and their certification will be revoked as of September 30, 2013. Additionally, the bill requires the Division of Elections to present a proposal for mandatory electronic filing to the legislature by December 1, 2013.

For previous coverage about this legislation, see “Florida Legislature Passes Campaign Finance Bill” and “Florida Ethics Bill Heads to Governor Scott” by Jennifer Zona.

The House has passed a bill to overhaul ethics laws, including campaign finance and lobbying. House Bill 3945 creates the Joint Committee on Ethics and the Public Integrity Unit to investigate complaints and replace the separate House and Senate ethics committees.

The bill includes new reporting requirements for campaign contributions just before an election and extends lobbyist registration and reporting for individuals lobbying local governments and school boards.

A final approval on Wednesday, May 1, 2013, allows the bill to meet the crossover deadline for Senate consideration. If sent any later, the bill would need a two-thirds vote for Senate passage.

Lobbying

“Report: Obama To Pick Cable and Wireless Industry Lobbyist To Chair FCC” by Sarah Lai Stirland in TechPresident.

“Bottom Line” in The Hill.

California: “Lobbying intensifies on immigration reform” by Elizabeth Aguilera in the San Diego Union-Tribune.

Delaware: “Common Cause of Delaware cites lobbying concerns in study” by Craig Anderson in the Delaware State News.

Michigan: “Nell Kuhnmuench ‘probably the best lobbyist in Lansing’” by Kristen M. Daum in Greater Lansing Woman.

Campaign Finance

“Springtime for disclosure” by Jonathan Backer in The Hill.

“113th Congress Freshmen Take $6.5 Million in PAC Money During First Three Months” by Kent Cooper in Roll Call’s Political Moneyline.

“‘Too Much Money in Politics’” by Kimberly A. Strassel in the Wall Street Journal.

Montana: “Montana legislative leaders to interview 5 for political practices commissioner” by Charles S. Johnson in the Missoulian.

Ethics

North Carolina: “New members of NC elections board set to meet” by Michael Biesecker (Associated Press) in the Jacksonville Daily News.

Pennsylvania: “Pa. lawmakers, other public officials disclose gifts, travel, other freebies in annual filing” by Mark Scolforo (Associated Press) in The Republic.

Texas: “Disclosure Bills Get Little Love From Top Leaders” by Emily Ramshaw in the Texas Tribune.

From the State Legislatures

NCSL Members Mobile App on the NCSL website.

Nevada: “Nevada Legislature lagging in number of approved bills” by Ed Vogel in the Las Vegas Review-Journal.

Redistricting

Arizona: “Brewer OKs extra redistricting commission funds” by The Associated Press in Arizona Capitol Times.

Kentucky: “Beshear hopes to call special session to deal with legislative redistricting” by Jack Brammer and Beth Musgrave in the Lexington Herald-Leader.

Government Tech and Social Media

“NYC BigApps Refines the Civic Hackathon” by Sam Roudman in TechPresident.

The New York Joint Commission on Public Ethics (JCOPE) unveiled proposed changes to the ethics rules Tuesday, which could make it easier for lobbyists to conceal their donors and funders from the public. At its monthly meeting, JCOPE proposed changes to the gift regulations and the recently enacted source of funding regulations.

Under the source of funding regulations, lobbyists must disclose the names of anybody who provided them with funding in excess of $5,000 for lobbying purposes, but only if they meet a certain threshold. The current rules allow for a waiver of this requirement only if there is a substantial likelihood of harm. Under the proposed change, JCOPE would lower the standard to a reasonable likelihood or probability of harm.

Executive Director Ellen Biben said the current standard may be unconstitutional, thus necessitating the change. “The substantial likelihood standard may be constitutionally too high,” Biben said. “We agree.”

In the proposed change to the gift ban, JCOPE puts a concrete dollar amount on the term “nominal value.” Under current law, a lobbyist is prohibited from giving a gift to a public official and gift is defined as something worth more than nominal value. However, there is no dollar figure attached to the current definition of nominal value.

Under the proposed definition, nominal value will be defined as an item or service with a value of $10 or less. Therefore, if the proposed change is enacted, lobbyists will be prohibited from giving a public official a gift with a value in excess of $10.

In order for the rules to go into effect, JCOPE commissioners must approve the proposals. There is no set time table on when the commissioners will review the proposals and make a decision on their enactment.

Lobbying

“Ethics Group CREW Bails on Lobbying Efforts” by Kent Cooper in Roll Call’s Political Moneyline.

Arizona: “Action lacking despite opportunities to improve Arizona’s lobbyist reporting system” by Evan Wyloge and Hank Stephenson in the Arizona Capitol Times.

Florida: “NFL Commissioner Roger Goodell lobbies lawmakers in Tallahassee to back Dolphins stadium renovation bill” by Toluse Olorunnipa and Charles Rabin in the Miami Herald.

Michigan: “State Rep. Andy Schor intros bills to adjust term limits, restrict post-office lobbying by lawmakers” by Angela Wittrock in Michigan Live.

Utah:”Loopholes allow lobbyist spending to vanish from reports by Lee Davidson” in the Salt Lake Tribune.

Campaign Finance

“Why don’t Americans care more about campaign finance reform?” by Juliet Eilperin and Scott Clement in the Washington Post.

“Bipartisan Campaign Finance Bill Aims to ‘Follow the Money’” by Chris Vest in Associations Now.

Maine: “Senate backs resolutions supporting campaign finance, immigration reforms” by Matthew Stone in the Bangor Daily News.

Ethics

“Latest ethics proposal rejected by AG” by John Lyon in the Arkansas News.

New York: “NY ethics board proposes changes to gifts, disclosure requirements by some lobbying groups” by The Associated Press in The Republic.

South Carolina: “Fate of ethics bill to be determined Tuesday in S.C. legislature” by Kirk Brown in the Anderson Independent Mail.

Procurement

“7 Ideas for the Future of Local Government” by Steve Ressler in Government Technology.

The New York City Campaign Finance Board scored a decisive court victory when a court ruled in favor of the city’s campaign finance laws. United States District Court Judge Laura Taylor Swain upheld the city’s provisions limiting the amount of public funds available to candidates who do not face meaningful competition.

This provision, dubbed the “sure winners” provisions by the Campaign Finance Board, was under attack in Ognibene v. Parkes, a suit filed in 2008. In a non-competitive race, the city is allowed to withhold public funds from a candidate. The candidate may appeal that decision, claiming they face a significant opposition based on a set of objective criteria.

Examples of the criteria used include the opponent’s endorsements and the media coverage of the opponent. The court did say that the city could not use the opponent’s financial activity as criteria for the appeals process, but overall it was a clear victory for the Campaign Finance Board.

Amy Loprest, executive director of the Campaign Finance Board, said “This victory allows the CFB to hold on to an important tool for maintaining public confidence in the city’s campaign finance program.”

Neither party has any intentions of appealing the District Court’s ruling, effectively ending the suit after nearly five years.

Photo of Manhattan courtesy of AngMoKio on Wikipedia.

Lobbying

“Social media emerge as players in state capitols” by Brad Cooper in the Kansas City Star.

Hawaii: “Has Hawaii Given Up On Lobbying Congress?” by Kery Murakami in Honolulu Civil Beat.

Campaign Finance

California: “Interactive graphic lets voters follow the money in mayor’s race” by David Zahniser, Maloy Moore and Anthony Pesce in the Los Angeles Times.

California: “California declines to update campaign data online” by Jusy Lin (Associated Press) in the Redding Record Searchlight.

New York: “Public campaign finance debate heats up in Albany” by Jon Campbell in the Journal News.

Ethics

“Tuesday Discussion on the FEC-The Day The Terms of All Commissioners Will Have Expired” by Kent Cooper in Roll Call’s Political Moneyline.

South Carolina: “Bid to reform state ethics draws fire” by Tim Smith in the Greenville News.

South Dakota: “South Dakota lawmakers don’t see conflict of interest problems in the Legislature” by David Montgomery in the Argus Leader.

Government Tech and Social Media

“Open Source Tech is Driving Big Changes in Government” by Joseph Marks and Mark Micheli in Nextgov.

“San Francisco Hires New Chief Information Officer” by Sarah Lai Stirland in TechPresident.

The Massachusetts Office of Campaign & Political Finance (OCPF) is holding a public hearing on May 8 concerning proposed updates to regulations regarding campaign finance disclosure.

The hearing will address revised provisions to the existing code and a new regulatory section “concerning the identification of funding sources for tax exempt and other organizations that raise funds to make contributions or independent expenditures”.

Additional OCPF proposals include addressing the use of a candidate’s legal defense fund, clarifying subvendor reporting requirements, and amending provisions concerning credit and debit card contributions. The draft regulations are available here.

Voters in the 53rd Assembly District will head to the polls June 11, 2013, to select a successor for Representative Bryan Hurlburt.

Rep. Hurlburt resigned his seat in mid-April to accept an appointment to the U.S. Department of Agriculture.

The Legislature adjourned Saturday, April 27, 2013, shortly after passing a bill to change lobbying regulations. Enrolled Act 1222 expands the definition of lobbying to include communications with any legislative employee and requires lobbyists to file registration statements and activity reports electronically.

The bill also increases the annual lobbyist registration fee from $100 to $200 and makes the lobbyist registration year match the current lobbyist reporting periods. Lobbyist registration statements issued for 2013 will expire November 1, 2013.

Most of the bill’s provisions will become effective July 1, 2013, following approval by the Governor.

Photo of the Indiana State House by Jasont82 on Wikipedia.

The Washington State Legislature adjourned Sunday night, but state lawmakers are not done meeting this year. For the fourth consecutive year, the Legislature has been unable to complete the state budget and will have to go into special session.

The Legislature was statutorily mandated to adjourn on Sunday, but it is allowed a 30-day special session to come to an agreement on the budget. Governor Jay Inslee said budget negotiators will remain in Olympia to continue work on the budget, while all other legislators will report back on May 13 for the special session.

While in special session, the Legislature may take up other issues and Governor Inslee would like the lawmakers to handle issues involving abortion, gun control, and immigration. However, with the budget being the major issue, these secondary issues may not be discussed.

In regards to the budget, Governor Inslee said, “The parties are not miles apart at the moment, they are light-years apart.”

Photo of the Interior of the Legislative Building by Cacophony on Wikipedia.

Governor Andrew Cuomo has made a bold move; a move he hopes will slow down the corruption emanating from New York City. Governor Cuomo has decided not to call a special election to replace Assemblyman Nelson Castro’s seat representing the Bronx. Instead, the election to replace Castro will take place during the regularly scheduled city elections this November.

Castro resigned from his state Assembly seat as part of a deal made with prosecutors investigating public corruption in the Bronx.

Cuomo decided against the special election as way to quell the corruption taking place the city. Had Cuomo scheduled a special election, the Democrats would have had free reign to choose the successor, because the Bronx Democratic leader, Carl Hestie, would have been the one picking the candidate for his party. In the open primary, scheduled for September 10, outsiders have a much better chance at securing the Democratic nod.

Cuomo said, “Having the election during the already scheduled New York City elections, instead of calling a special election, will ensure maximum participation from the constituents of the 86th Assembly District and be the most cost-effective for taxpayers.”

Photo of Governor Cuomo courtesy of Pat Arnow on Wikipedia.

Perhaps the most talked-about piece of legislation this session, Senate Bill 2 was passed unanimously by both houses of the Florida Legislature.

The final ethics bill:

• Prohibits members of the legislature from acting as lobbyists for compensation before an executive branch agency, agency official, or employee for two years after leaving office. The version passed by the House eliminated an original provision preventing legislators from becoming lobbyists or principals of lobbying firms lobbying the legislature;
• Provides for a fine of up to $5,000 for executive branch lobbyists who fail to disclose required material facts as required or knowingly provide false information;
• Allows the Commission on Ethics to investigate whether a lobbyist has made a prohibited expenditure if a complaint is filed; and
• Prohibits vendors from providing gifts to a reporting individual or procurement employee for vendors doing business with the reporting individual’s or procurement employee’s agency.

The ethics bill was a top priority of Senate President Don Gaetz. He called the bill his “proudest moment as a senator.” The bill was sent immediately to Governor Rick Scott, who has seven days to sign or veto the bill.

Federal:

FEC Denies Same-Sex Appeal

K Street’s Bounce Proves Elusive

From the States and Municipalities:

Alabama – Barron, Former Aide Indicted

Arkansas – Arkansas House Sends Ethics, Petition Rules to Voters

California – ‘Hacking’ Open Financial Disclosure Data

California – Many Private Interests Were Brown’s Fellow Travelers in China

Florida – Legislators Finish Rewrite of Ethics, Campaign Bill

Illinois – Emanuel Campaign Taking Donations from Hotel Developers with Projects in Works

Iowa – Affidavit Says Bachmann Approved Hidden Payments to Iowa Senator

New Jersey – Campaign Finance Overhaul by N.J. Senate Democrats Would Also Reform Pay-to-Play

North Carolina – Sweepstakes Donor’s Checks to NC Politicians Scrutinized

Texas – Campaign Accounts Help Texas Legislators Pay Staffers

Vermont – Former Lt. Gov. Dubie, RGA Agree to Settle Election Lawsuit with State

Washington – Donate to Sick Lawmakers? Limits Apply to Some Gifts

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