On February 2, 2015, the commissioners of the Joint Commission on Public Ethics (JCOPE) issued a report to the governor and the Legislature outlining requested changes to existing ethics and lobbying laws. Among their recommendations are mandatory electronic filing for lobbyists and lobbyist employers, disclosure of political consulting or fundraising activities undertaken by lobbyists, assessment of financial penalties for non-compliance with audits, and barring individuals or entities from acting as lobbyists if they have repeat violations of the Lobbying Act.

The report also notes the need for a review of the Lobbying Act to ensure all forms of government advocacy, including grassroots lobbying and strategic consulting, are being captured for reporting purposes.

According to the Times Union, Gov. Cuomo said he is willing to delay budget negotiations in exchange for an ethics reform package from the Legislature, incorporating the recommendations of the JCOPE.

The entire report is available here.

Lobbying

Hawaii: “Hawaii Lobbyists Fined for Failing to Register with State Ethics Commission” by The Associated Press for Greenfield Daily Reporter

Minnesota: “Tomassoni Quits Range Job, Citing ‘Distractions’” by Don Davis for Duluth News Tribune

Texas: “State Law Allows for Lobbying Deep in the Shadows of Texas” by James Drew for Dallas Morning News

Campaign Finance

California: “A Legal Use of Power: Parties funnel millions to California candidates” by Jim Miller for Sacramento Bee

Pennsylvania: “After Pennsylvania Treasurer Scandal, Pay-to-Play Law Still a Longshot” by The Associated Press for Lehighvalleylive.com

Ethics

New York: “Harassment Suit against Former Assemblyman Vito Lopez and Sheldon Silver Is Settled” by Jesse McKinley for New York Times

North Carolina: “City Panel Proposes Stronger Ethics Policy” by Steve Harrison for Charlotte Observer

Oregon: “Oregon Gov. John Kitzhaber Faces Call to Resign amid Scandal over Fiancée” by Maria La Ganga for Los Angeles Times

Washington: “Free U.S. Open Tickets for Lawmakers? Ethics Board to Discuss” by Melissa Santos for Tacoma News Tribune

Legislative Issues

Idaho: “Recodification Bill Would Create New Title of State Law for Ethics, Public Records, Open Meetings” by Betsy Russell for Spokane Spokesman-Review

South Carolina: “Lawmakers Hear Calls to Change the Way SC Elects Judges” by Jamie Self for The State

Political Advertising

“Drones Fly into the Political Ad Wars” by Daniel Lippman for Politico

Lobbying

New Mexico: “GOP Leaders Says Former Speaker Gave Office Space to Lobbyist” by Patrick Malone (Santa Fe New Mexican) for Las Cruces Sun-News

Campaign Finance

“Helena-Based Campaign Finance-Tracking Group Gets Prestigious $1M Grant” in The Missoulian

“Big Business Crushed Ballot Measures in 2014” by Liz Essley White for Center for Public Integrity

“The Secret World of a Well-Paid ‘Donor Adviser’ in Politics” by Nicholas Confessore for New York Times

Illinois: “Ald. Deb Mell Hit with Complaint over Free Rent Provided by Dad Dick Mell” by Ted Cox for DNAinfo.com

Montana: “Bullock, Ankney Outline Campaign Finance Reform Bill” by Charles Johnson for Montana Standard

Utah: “Politicians May Be Giving Contributions to Charity in the Future” by Amy McDonald for Provo Daily Herald

Ethics

Arkansas: “Lawmakers Favor Expanded Ethics Panel” by Michael Wickline for ArkansasOnline.com

Hawaii: “Hawaii Ethics Commission Fines Current and Former State Workers over Free Golf” by The Associated Press for Fox News

New York: “Malcolm Smith, Ex-New York Senate Chief, Is Convicted of Corruption” by Tanzina Vega for New York Times

South Dakota: “Ethics Commission Killed by House Republicans” by Bob Mercer for Rapid City Journal

Lobbying

“Top Frankfort Lobbyists Make Big Money … VERY Big” by Tom Loftus for Louisville Courier-Journal

Missouri: “Ethics Amendment Sponsor Sees Little Chance for Effective Action by Lawmakers” by Rudi Keller for Columbia Daily Tribune

Campaign Finance

“Capitalizing on a Political Contribution Cap Hike” by Carrie Levine for Center for Public Integrity

California: “San Diego County Supervisors Put Caps on Campaign Spending” by City News Service for KPBS

Ethics

“Obama Administration Seeks to Negotiate Medicare Drug Prices” by David Morgan for Reuters

Nevada: “When Do Lawmakers’ Day Jobs Become Conflicts of Interest?” by Kyle Roerink for Las Vegas Sun

New York: “State Ethics Panel Seeks More Clout, Leeway” by Casey Seiler for Albany Times Union

New York: “New York City Councilman Arrested on Corruption Charges” by Nikita Stewart for New York Times

Oregon: “Cylvia Hayes Scandal: Kitzhaber associates helped create jobs for her that had Oregon influence in mind” by Nick Budnick and Laura Gunderson for Portland Oregonian

Pennsylvania: “After Rapid Rise, Pennsylvania Attorney General Faces Sharp Fall” by Jennifer Steinhauer for New York Times

Elections

“The Surprising Power of Blue-State Republicans” by Nate Cohn for New York Times

A bill introduced in the New York Senate would impose new reporting requirements on lobbyists and lobbyist employers, as well as limit political contributions from lobbyists and certain other persons. The bill also contains pay-to-play restrictions.

Senate Bill 02505 requires lobbyists, certain business entities, persons with ownership interests or senior level management within such entities, and family members of any of the foregoing to file campaign finance reports when making contributions to the governor, lieutenant governor, attorney general, comptroller, and state legislators.

The bill further limits the amount of any contribution made to any of those offices or associated political committees. The bill requires lobbyists and lobbyist employers to disclose contributions to the governor, lieutenant governor, attorney general, comptroller, and state legislators on their periodic reports.

Senate Bill 02505 requires state contractors with contracts totaling more than $50,000 and persons who own more than 10 percent of any business entity having such a contract, senior management personnel in such a business entity, and family members of the foregoing persons to file campaign finance reports. The bill also limits contributions from such persons to the governor, lieutenant governor, attorney general, comptroller, and state legislators and affiliated political committees for the duration of the qualifying contract.

Senate Bill 02505 was referred to the Senate Committee on Finance on January 28, 2015.

Campaign Finance

North Carolina: “Audit: Elections board spent nearly $1 million for nothing” by Craig Jarvis for Raleigh News & Observer

Wisconsin: “Federal Judge’s Judgment Takes John Doe Probe off Life Support” by M.D. Kittle for WisconsinReporter.com

Ethics

“How Did Politics Get So Personal?” by Thomas Edsall for New York Times

“How and Why Retired Politicians Get Lucrative Appointments on Corporate Boards” by Maxwell Palmer and Benjamin Schneer for Washington Post

California: “California’s Top Political Ethics Cop Resigns” by Laurel Rosenhall for Sacramento Bee

New York: “Pushing Ethics Reforms, Cuomo Wants Lawmakers to Reveal Income or Lose It” by Alexander Burns and Susanne Craig for New York Times

Rhode Island: “House Will Once Again Mull Two Proposals to Restore Ethics Commission’s Authority over State Lawmakers” by Jennifer Bogdon for Providence Journal

Elections

“Measles Prove Delicate Issue to GOP Field” by Jeremy Peters and Richard Pérez-Peña for New York Times

Legislative Issues

Nevada: “Assemblyman May Be Extortion Victim, Police Say” by Ray Hagar for Reno Gazette-Journal

New York: “Heastie Is Elected Speaker of New York Assembly” by Jesse McKinley for New York Times

On February 3, the Federal Election Commission (FEC) published its price index adjustments for expenditure limitations and lobbyist bundling disclosure threshold in the Federal Register. The lobbyist bundling disclosure threshold has increased to $17,600 for 2015 from $17,300 in 2014. This threshold amount is adjusted annually.

Federal law requires authorized committees of federal candidates, leadership political action committees (PACs), and political party committees to disclose contributions bundled by lobbyists and lobbyists’ PACs.

The electronic filing system of the Public Integrity Commission, the Public Integrity Reporting System, is being moved. As a result of the change, filers will be required to update their passwords after the system is moved.

The system will be down for the transfer from 11:00 p.m. on February 7 to 6:00 a.m. on February 9.

The first time a filer logs in after the system is moved, he or she will be prompted to create a new password. The commission has not released the web domain of the new system but is scheduled to do so in the near future.

Lobbying

Missouri: “Missouri Lawmakers’ Steady Shift to Lobbying Raises Concerns with Critics” by Jason Hancock for Kansas City Star

New Jersey: “Christie’s Overseas Travel Funded by Firms That Do Business with N.J.” by Shawn Boburg and Hugh Morley for Bergen Record

Campaign Finance

Montana: “State Legislative Panels Reject Campaign Finance Reform Bills” by Charles Johnson for The Missoulian

Ethics

Indiana: “Indiana Gov. Pence Walks Back State-Run Media Site” by Danielle Hayes for UPI.com

Kansas: “Kansas House Rejects Amendment to Address Private E-mail Loophole” by Bryan Lowry for Wichita Eagle

New York: “Speaker Candidate Drew Ethics Panel’s Notice” by Susanne Craig and Thomas Kaplan for New York Times

Pennsylvania: “Pennsylvania Treasurer McCord to Plead Guilty in Campaign Finance Case; Resigns Immediately” by  The Associated Press for Greenfield Daily Reporter

Wisconsin: “Wisconsin’s Treasurer Wants to Cut Needless Workers, Starting With Himself” by Julie Bosman for New York Times

Elections

Massachusetts: “Statute Against Lying in Campaign Ads Faces Legal Test” by Stephanie Ebbert for Boston Globe

Legislative Issues

Texas: “Texas Lawmaker Demands Muslim Visitors Take Loyalty Oath” by Adam Lerner for Politico

Lobbying

Missouri: “Missouri House to Halt Committee Meetings at Country Clubs and Restaurants” by Kevin McDermott for St. Louis Post-Dispatch

Washington: “Lawmakers Grouse about Free Meals Rule” by Jordan Schrader for Tacoma News Tribune

Campaign Finance

“National Donors Pick Winners in State Elections” by Ben Weider for Center for Public Integrity

New Jersey: “Auditor Finds No Pay-to-Play Conflict in N.J. Pension Investment” by Andrew Seidman for Philadelphia Inquirer

Ethics

“Amid Ethics Concerns, House Energy Chairman Drops Bill” by Tony Cook for Indianapolis Star

Massachusetts: “State Senator’s Lavish Gift Raises Concerns on Ethics” by Andrea Estes for Boston Globe

New York: “6 Days That Felled Sheldon Silver, the Speaker Who Ruled Albany for Decades” by Jesse McKinley, Thomas Kaplan, Susanne Craig, and William Rashbaum for New York Times

Elections

“Mitt Romney Decides against Running for President Again in 2016” by Philip Rucker and Dan Balz for Washington Post

A bill creating a revolving door for lawmakers seeking to lobby after leaving office was approved by the Senate Rules, Joint Rules, Resolutions, and Ethics Committee by a 7-0 vote.

The bill requires state lawmakers to wait two years after leaving office before working as lobbyists. It also bans out-of-state travel paid by lobbyists and limits when a lobbyist can report spending on a group of legislators instead of on individual members.

If passed, the bill would have an effective date of January 2017.

Susan Yoza, Associate Director of the Hawaii State Ethics Commission, testified in support of House Bill 180 before the House Committee on Judiciary on Friday, January 30. HB 180 clarifies reporting requirements for lobbyists and organizations engaging in lobbying activities during a special legislative session.

Last year, Act 224 required lobbyist reporting within 30 days of adjournment sine die of any special session. The Commission believes the legislature did not intend to require filing of reports following such a session if lobbyists and organizations did not lobby on any matters considered during the special session.

HB 180 clarifies the legislative intent and provides for special session reports only for those persons who engage in lobbying activities relating to matters considered during the session. Furthermore, it would prevent duplicative reporting, as those activities reported on a special session report will not need to be reported on any subsequent lobbying reports.

National:

5 Reasons State House Speakers May Be Prone to Corruption
Governing – Alan Greenblatt | Published: 1/26/2015

New York Assembly Speaker Sheldon Silver, who is accused of accepting bribes in the form of legal fees, is the fourth speaker of a state House to enter into legal peril over the past 10 months. Last year, Bobby Harrell of South Carolina resigned following his indictment, while Gordon Fox of Rhode Island did the same after a federal raid of his house and his legislative office. Mike Hubbard was re-elected as speaker of the Alabama House, despite being indicted on nearly two-dozen felony corruption charges. Hubbard faces a possible trial this spring. This cluster of indictments opens up the question of whether there is something in the nature of the job of speaker that makes corruption more likely to occur.

Federal:

Koch Brothers’ Budget of $889 Million for 2016 Is on Par With Both Parties’ Spending
New York Times – Nicholas Confessore | Published: 1/26/2015

A network of conservative advocacy groups backed by Charles and David Koch aims to spend $889 million in advance of the next presidential election, part of an expansive strategy to build on its 2014 victories. The figure comes close to the $1 billion that each of the two major parties’ presidential nominees are expected to spend in 2016, and it cements the network’s standing as one of the country’s most potent political forces. With its resources and capabilities, including a national field operation and cutting-edge technology, it is challenging the primacy of the official parties.

The Rise of ‘Scam PACs’
Politico – Kenneth Vogel | Published: 1/26/2015

Since the tea party came to prominence in 2009, the conservative movement has been plagued by an explosion of PACs that critics say exist mostly to pad the pockets of the consultants who run them. Combining sophisticated targeting techniques with fundraising appeals that resonate among grassroots activists, they collect large piles of small checks that, taken together, add up to enough money to potentially sway a U.S. Senate race. But the PACs plow most of their cash back into payments to consulting firms for additional fundraising efforts.

From the States and Municipalities:

California – Lobbying Lawmakers with a Personal Touch
Sacramento Bee – Laurel Rosenhall | Published: 1/26/2015

A handful of Sacramento lobbyists use their powers of persuasion to advance personal causes. Many of them make their living advocating for the corporations, unions, and Indian tribes that are huge political donors and pour millions of dollars each year into lobbying California lawmakers. But when a piece of legislation hits a chord, concerning a medical condition, for example, or a childhood trauma, these lobbyists use their connections and savoir faire to shape public policy with a personal touch. Some of them deploy their services for free, while others are hired to advocate on a personal cause.

Kansas – Kansas Ethics Official Supports Change to State Lobbying Laws
Wichita Eagle – Bryan Lowry | Published: 1/26/2015

House Bill 2082 would allow individuals to spend up to $1,000 to sway Kansas lawmakers without registering as a lobbyist. The state has had a $100 threshold since 1975. After 40 years of inflation, the threshold should be increased to ensure private residents do not inadvertently break the laws, said Carol Williams, executive director of the Kansas Government Ethics Commission.

Kentucky – Record $18M Spent Lobbying Legislature
Louisville Courier-Journal – Tom Loftus | Published: 1/23/2015

Interest groups spent a record-breaking $18.4 million to lobby the Kentucky General Assembly in 2014. That was about three percent more than the 2012 lobbying total of $17.8 million, the previous spending record. Although the Legislature meets annually, its 60-day sessions in even-numbered years are longer and costlier than its 30-day sessions in odd-numbered years. The spending includes what more than 600 groups and businesses paid to retain lobbyists at the Capitol or host receptions for lawmakers. Starting this year, they also will be required to report what they spend on advertising during the session to influence legislation.

Massachusetts – No Good Deed Goes Unpunished
CommonWealth Magazine – Jack Sullivan | Published: 1/22/2015

Nicole Bollerman, a third-grade teacher at UP Academy Dorchester, has received praise from around the country since she won a $150,000 prize in an essay contest and then donated the money to her school, which educates some of the city’s poorest students. Then she appeared on “The Ellen DeGeneres Show,” where the host presented Bollerman with a $25,000 check and gave out $500 gift cards for every teacher at her school and backpacks filled with school supplies for every student. But nearly all of the cash gifts, except the students’ backpacks, potentially violate Massachusetts ethics laws, possibly even the $150,000 award that Bollerman gave to the school.

Missouri – Committee OKs Ethics Bill to Close ‘Revolving Door’ of Legislators Becoming Lobbyists
Columbia Daily Tribune – Rudi Keller | Published: 1/27/2015

The Senate Rules, Joint Rules, Resolutions, and Ethics Committee approved legislation that would require Missouri lawmakers to wait two years after leaving office before they can work as lobbyists. The bill also would bar out-of-state travel paid by lobbyists and limit when a lobbyist can report spending on a group of legislators instead of individual members. “There is enough nonsense in this building going on, not necessarily with meals and everything else, I am going to try to clear this up before somebody gets indicted,” said Senate Majority Leader Ron Richard, the bill’s sponsor.

Missouri – Missouri House Speaker Defends Country Club Committee Hearings
PoliticMo.com – Eli Yokley | Published: 1/26/2015

Two Missouri House committee hearings are scheduled to take place at the Jefferson City Country Club and that is drawing criticism. The first hearing is that of the Committee on Utility Infrastructure, chaired by Rep. Lyndall Fraker. He said the Missouri Energy Development Association made the arrangements for his committee to meet at the club, will pay for the meal, and will offer an informational presentation. Pamela Merritt, a spokesperson for Progress Missouri, described the meetings as “sham hearings, away from the Capitol for the sole purpose of consuming free food and drink from lobbyists.” The group is also concerned the hearings might be in violation of the open-meetings law.

Nebraska – Questions Arise after Gov. Ricketts Uses His Own Money to Add Adviser to His Office
Omaha World-Herald – Paul Hammel | Published: 1/27/2015

Jessica Moenning, a longtime political operative of Nebraska Gov. Pete Ricketts, is joining the administration as a privately paid senior adviser. The arrangement has prompted questions about a private employee, paid out of the governor’s own pocket, being involved in public policies and using, at least for a time, publicly funded office space at the Capitol. Jack Gould of Common Cause Nebraska said a privately paid employee most likely would be accountable to the person who paid them, not to the public, and would most likely not be covered by laws governing ethics involving state officials.

New York – Sheldon Silver to Be Replaced as Speaker of New York State Assembly
New York Times – Jesse McKinley, Thomas Kaplan, and Susanne Craig | Published: 1/27/2015

New York Assembly Speaker Sheldon Silver agreed to give up the leadership position he has held for 21 years in the wake of federal corruption charges. The decision came after Democratic lawmakers met behind closed doors for two days to discuss their response to the turmoil that appears likely to end one of the longest active tenures in state politics, and paved the way for them to choose a new leader in an election to be held February 10. Assemblyperson Joseph Morelle, who is the majority leader and a top contender to succeed Silver, will become interim speaker.

Oregon – Cylvia Hayes Discloses another $118,000 for Consulting Fees
Portland Oregonian – Laura Gunderson | Published: 1/28/2015

More of the consulting work done by Oregon Gov. John Kitzhaber’s fiancée is coming to light. Cylvia Hayes confirmed she was paid $118,000 over two years to work with the Clean Economy Development Center. At the time, Hayes was advising the governor on similar topics. Ethics experts said Hayes’ job raises questions, such as whether her compensation was reasonable given the amount of work she did and whether her employer sought to use the connection to influence state policy. The admitted payouts conflict with statements Kitzhaber has made regarding Hayes’ consulting work, how his office handled her contracts, and statements he has made in his annual ethics filings.

South Carolina – Lawmaker Asks Would-Be SC Judges about ‘Supreme Being,’ Gay Marriage, Equal Pay for Women
The State – Cassie Cope | Published: 1/27/2015

South Carolina Rep. Jonathon Hill sent out a 30-question survey asking, among other things, about the “personal relationship” would-be state judges have with the “Supreme Being,” whether they would perform a gay marriage, and how they would rule if a woman sued for equal pay. Candidates for judgeships are barred ethically from responding to some of the questions, said Greg Adams of the University of South Carolina law school. “Answering these questions amounts to a promise to decide future cases in accordance with this political pledge,” said Adams.

Texas – Abbott: State Agencies Must Make Contracting Changes
Texas Tribune – Edgar Walters | Published: 1/28/2015

Texas Gov. Greg Abbott said the need for more oversight and transparency in state contracting is so great that it cannot wait for official action from lawmakers. In a letter to all state agency heads, Abbott ordered them to comply with the provisions of a new bill aimed at addressing problems highlighted by a no-bid contract scandal. The legislation, Senate Bill 353, would require the board chair or head of all agencies to sign all contracts worth more than a $1 million and publicly explain the reason for the lack of competition in any no-bid deal. It also would reiterate that state contract managers must disclose conflicts-of-interest and that officials cannot give a deal to a company in which they have a financial interest.

Utah – Lawmakers Use Swallow Scandal to Stall Campaign-Donation Caps
Salt Lake Tribune – Lee Davidson | Published: 1/27/2015

A House committee voted to hold a bill that would place caps on how much could be contributed to candidates. House Bill 60 would limit donations by individuals to $10,000 every two years for statewide races, and $5,000 in legislative races. It would limit contributions to parties, PACs, and labor unions to $40,000. Lawmakers worried that limits might hamper honest politicians in raising enough money to combat groups that sometimes funnel large amounts of untraceable “dark money” into an election.

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.

Lobbying

Federal: “Best Fly-In Ever: How to make the most of your D.C. visit” by Rebecca Gale for Roll Call

Connecticut: “CT Lobbyist’s $10K Fine Stayed If He Behaves” in Hartford Business Journal

Kansas: “Budget Director Sent E-mail from Private Account to Lobbyists on Proposed Budget“ by Bryan Lowry for Wichita Eagle

Minnesota: “Draft Opinion: No conflict in Tomassoni holding RAMS job” by John Myers for Duluth News Tribune

Legislative Issues

South Carolina: “Lawmaker Asks Would-Be SC Judges about ‘Supreme Being,’ Gay Marriage, Equal Pay for Women” by Cassie Cope for The State

Ethics

Nebraska: “Questions Arise after Gov. Ricketts Uses His Own Money to Add Adviser to His Office” by Paul Hammel for Omaha World Herald

Indiana: “Energy Chairman’s Gas and Oil Investments Raise Ethics Questions” by Tony Cook for Indianapolis Star

Texas: “Case against Former Gov. Perry to Proceed” by Teri Langford for Texas Tribune

New York: “Sheldon Silver to Be Replaced as Speaker of New York State Assembly” by Jesse McKinley, Thomas Kaplan, and Susanne Craig for New York Times

Campaign Finance

Utah: “Lawmakers Use Swallow Scandal to Stall Campaign-Donation Caps” by Lee Davidson for Salt Lake Tribune