On November 4, in response to a court decision enjoining the Texas Ethics Commission from enforcing parts of the Election Code, the Ethics Commission released guidance concerning independent expenditure-only PACs.

The commission acknowledged restrictions on independent expenditures from independent expenditure-only PACs, referred to in the state as “direct campaign expenditure only committees,” are currently unenforceable under the October 16, 2013, ruling in Texans for Free Enterprise v. Texas Ethics Commission.

The commission requires independent expenditure-only PACs submit a sworn statement stating the committee intends to act exclusively as a direct campaign expenditure only committee in accordance with Texans for Free Enterprise and the committee will not use its funds to make contributions to candidates for elective office, officeholders, or political committees supporting or opposing candidates or assisting officeholders.

The commission also made available sample template political committees may use to submit their sworn statements

Elizabeth Bartz, president and CEO of State and Federal Communications, is presenting a webinar today for the Public Affairs Council along with Chris Badgley, Senior Director, Public Policy & Government Affairs at Daiichi Sankyo, Inc.

Bartz and Badgley will be applying their expertise to the topic “Methods for Tracking Lobbying Activities” at 2 p.m.

Elizabeth Bartz, president and CEO of State and Federal Communications, is a featured speaker offering her expertise this morning at the Lobbying Certificate Program Session sponsored by the American League of Lobbyists and Lobbyists.info.

Bartz is joined by co-speaker Doreen Hope, Regional Manager from Washington Gas in a conference entitled State Lobbying & Navigating the Regulatory Process: Multiple Fronts, Multiple Challenges.

Here is the American League of Lobbyists’ description of the session:

For many in D.C., lobbying starts with what goes on inside the Beltway.  But it doesn’t end there.  No organization or corporation seeking to fulfill their entire legislative agenda can rely solely on federal lobbying. State-level lobbying, however, comes with an entirely new set of regulations and compliance landmines than federal lobbying.  Did you know that “lobbying activities” has a different definition depending where you are and to correctly filing disclosure forms takes a whole new process?  Plus, even if you simply want to monitor what’s going on at the state level, you’ve got to coordinate effectively with different in-house or entirely new outside government relations teams.

Now you can learn how to add this state-level focus without running yourself ragged and without running afoul of an entirely new set of regulations.

Senate President Pro Tem Del Marsh filed a bill to be considered during the Alabama Legislature’s upcoming session, beginning January 14, 2014.

The bill would ban a former legislator for a period of two years from lobbying members of either chamber of the Legislature. The current law allows former members of the Legislature to lobby members of the other chamber without any waiting period, and imposes a two year waiting period on lobbying members of the former legislator’s chamber.

If passed, this bill would take effect immediately.

Florida Gov. Rick Scott announced dates for a special election to fill the vacant seat of the late U.S. Rep. C.W. Bill Young. The primary election for Congressional District 13 will be held January 14, 2014, with a general election to follow on March 11.

The race is expected to be competitive, with some analysts predicting it could foreshadow the outcome of the 2014 midterm elections.

 

 

 

Federal:

Michelle Obama Policy Initiatives Are a Big Deal for Big Business

Politico – Byron Tau and Helena Bottemiller Evich | Published: 10/30/2013

First lady Michelle Obama’s two signature policy initiatives, the Let’s Move! childhood obesity effort and the veteran-focused Joining Forces, have earned her bipartisan praise. Those efforts have been developed in close cooperation with some of K Street and corporate America’s biggest players that stand to benefit from the exposure, public goodwill generated from being involved in a public health or charitable effort, or the policy itself.

From the States and Municipalities:

California – California State Sen. Ron Calderon Accepted $88,000 in Bribes, FBI Affidavit Alleges

Sacramento Bee – Laurel Rosenhall | Published: 10/30/2013

California Sen. Ron Calderon allegedly accepted about $88,000 in bribes from an undercover FBI agent during an elaborate sting operation. An affidavit, filed as the FBI sought a search warrant for Calderon’s office, alleges he worked with interest groups in a “pay-to-play” fashion, accepting money in exchange for promises to carry or amend legislation to their benefit.

California – Critics Howl over Lobbyist Walking Governor’s Dog

San Francisco Chronicle – Carla Manucci | Published: 10/24/2013

Some are questioning whether Jennifer Fearing, senior state director for the Humane Society of the United States, has turned her role as regular walker of California Gov. Jerry Brown’s dog into an effective way to lobby the state’s chief executive on animal rights issues. Fearing had a perfect record this legislative season in getting bills signed by Brown, placing her in the ranks of Sacramento’s most effective lobbyists.

California – L.A. Moves to Boost Limits on Gifts to Lawmakers

Los Angeles Times – Steve Zahniser | Published: 10/25/2013

The Los Angeles Ethics Commission sent the city council its recommendation for new and more stringent limits on gifts to the city officials, part of a much larger package of rule changes. But when the council took up the proposal recently, they sought an increase, not a decrease, in the size of allowable gifts from bidders, contractors, and others with a financial stake in a city decision.

Colorado – Group Tests New Tactic with Ethics Complaint against Gov. Hickenlooper

Denver Post – Lynn Bartels | Published: 10/31/2013

Some groups are using ethics complaints to impugn the integrity of candidates in Colorado, even when the complaint is found to be without merit. The move has attracted bipartisan criticism.

Florida – Lobbyist Watch: Superlobbyist Platt’s “Rules for Successful Lobbying”

South Florida Sentinel – Brittany Wallman | Published: 10/29/2013

Broward County lobbyist George Platt has come up with guidelines for being successful in the influence industry. “Somehow the list grows as time passes … [there are] too many who lack a moral compass trying to become lobbyists; unlike some professions, there is no set of qualifications for entry,” said Platt.

Iowa – Big Campaign Group Gets Involved in Tiny Iowa Race

Business Week – Ryan Foley (Associated Press) | Published: 10/31/2013

Americans for Prosperity, the organization backed by the billionaire Koch brothers, has jumped into the municipal election in Coralville, Iowa and turned it into a referendum on government spending and borrowing. Residents of the town, with a population of 19,000, say they have never seen such an outside effort in a local vote, let alone by a conservative group in the state’s most Democratic county.

Iowa – Iowa Senate Ethics Rule Protects the ‘First-in-the-Nation’ Franchise

Quad City Times – James Lynch | Published: 10/24/2013

State Senate Ethics Committee Chairperson Wally Horn said the chamber’s rule prohibiting senators from being paid staffers of campaigns and PACs is there to protect the franchise of Iowa’s first-in-the-nation presidential caucuses. Other states that closely follow Iowa in the nomination process do not seem to share Horn’s concern, however.

Nevada

Embattled Nevada Assemblyman Jim Wheeler Urged to Resign after Slavery Comment

Reno Gazette-Journal – Sandra Chereb (Associated Press) | Published: 10/30/2013

A YouTube video surfaced of an event at which Nevada Assemblyperson Jim Wheeler said he would vote to allow slavery if that was the desire of his constituents. He said he believes it is his job to represent those who elected him regardless of his own beliefs. “If that’s what they wanted, I’d have to hold my nose … they’d probably have to hold a gun to my head, but yeah,” said Wheeler.

Nevada – Public Policy Maker or Private Lobbyist? 10 State Officials Play Dual Roles

Las Vegas Sun – Andrew Doughman | Published: 10/27/2013

Disclosure reports filed with the Nevada Commission on Ethics detail how legislators and members of state boards and commissions often get paid to do business before state agencies, boards, and commissions. Their elected or appointed positions likely enable them to build relationships and gain expertise useful in their private enterprise, a fact recognized by lawmakers when they passed a disclosure law in 1991.

New Mexico – Report Examines NM Lobbyists’ Largesse

Albuquerque Journal – Deborah Baker | Published: 10/31/2013

A report from New Mexico Common Cause said spending on lobbying “plays an influential role” in state lawmakers’ votes. Common Cause had several recommendations for regulating lobbyists, including requiring more specific information on disclosure reports and limits on their cumulative campaign donations.

New York – Turmoil in Ethics Hiring

Albany Times Union – James Odato | Published: 10/29/2013

The Joint Commission on Public Ethics hired Letizia Tagliafierro as its new executive director during a closed door meeting. In the brief public part of the meeting, commission member Ellen Yaroshefsky proposed what she called an independent search for an executive director. Yaroshefsky later resigned from the panel.

Oklahoma – Ex-Okla. Lawmaker Guilty in Bribery Trial

BusinessWeek – Tim Talley (Associated Press) | Published: 10/30/2013

Former Oklahoma Rep. Randy Terrill has been convicted of bribery. Prosecutors alleged Terrill offered to put former Democratic Sen. Debbe Leftwich in an $80,000-a-year job at the state medical examiner’s office if she would agree to not seek re-election in 2010 so a Republican, Rep. Mike Christian, could run for her open seat.

South Dakota – Power Shift Sought in Pierre: Governor’s office has been dominating legislative process

Sioux Fall Argus Leader – David Montgomery | Published: 10/30/2013

South Dakota legislative have begun looking for ways to strengthen their voice in state policy debates. Compared to the executive branch, with a full-time governor and his or her year-round staff, along with myriad state employees, South Dakota’s part-time citizen Legislature has fewer resources, less information, and less time to tackle problems.

Virginia – McAuliffe’s Wealth Could Create Conflicts of Interest

The Virginian-Pilot – Julian Walker | Published: 10/31/2013

If Terry McAuliffe becomes Virginia’s next governor, his business interests could trigger conflicts-of-interest. His campaign says his investments would go into a blind trust, but Republicans remain skeptical, given their view of McAuliffe’s history as a political financier with interests they say could intersect with a governor’s duties.

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.

News You Can Use is a news service provided at no charge only to clients of our online Executive Source Guides, or ALERTS™ consulting clients.

State and Federal Communications held its 4th Annual Halloween Donut and Cider Sale today in the lobby of our office. It was all for the good cause of helping our friends at United Way of Summit County.

We knew we couldn’t host a Halloween sale without a few wacky costumes, so our office party was “pay-to-play,” with a $10 entry to star in our costumes-of-choice.

Take a look at some of the office revelry:

 

On October 28, U.S. Rep. Darrell Issa introduced a bill dealing with federal vendor suspensions and debarment.

The Stop Unworthy Spending Act (SUSPEND Act), House Resolution 4435, establishes a Board of Suspension with the General Services Administration for purposes of serving as a centralized body to manage and improve all executive agency suspension and debarment activities. The bill terminates any suspension and debarment office or functions in other executive agencies effective October 1, 2016 but it does allow for some exceptions.

“While the vast majority of contractors and grantees fulfill their obligations, the SUSPEND Act streamlines the procedures for dealing with the ones that do not,” said Issa in a House Oversight Committee press release.

The legislation provides $2 million dollars for each fiscal year from 2015 to 2021 to carry out the functions of the newly created Board.

On Thursday, October 31, State and Federal Communications is hosting its fourth annual Halloween Donut and Apple Cider sale. All proceeds will benefit the United Way of Summit County.

Drop in and say hello from 9:00 to 11:30 a.m. and enjoy a delicious treat. We’ll be in the lobby of 80 South Summit St. in Downtown Akron, across from Quaker Square.

The Krispy Kreme donuts are $1.00 per donut or $7.00 per dozen. The apple cider will be $1.00 per cup or $8.00 per gallon.

To reserve your donuts, you can email Joy Cosgrove at jcosgrove@stateandfed.com or Nicolette Koozer at nkoozer@stateandfed.com, or call us at 330-761-9960.

State and Federal Communications is proud to announce that we are unveiling our new website StateandFed.com on November 1st. Clients and visitors to the site will enjoy the same unrivaled compliance expertise but with a brand new web experience.

Features of the new StateandFed.com include a personalized homepage, new bookmarking abilities, mobile optimization, and a new integration of the Compliance Now Newsletter, News You Can Use, Lobby Comply Blog, and all of our social media.

Remember, the new StateandFed.com arrives on Friday, November 1st. You’ll be hearing much more about it soon!

Lawmakers adjourned for the year just after midnight on Friday, September 13, 2013.

Hundreds of bills were passed in the last week of the session including a minimum wage increase, changes to the California Environmental Quality Act, and a bill permitting undocumented immigrants to apply for driver’s licenses.

Photo of the California State Capitol Building by Sascha Brück on Wikipedia.

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.

 

Lawmakers have ended the 2013 legislative session. Although both chambers are scheduled to convene on May 22, 2013, for a technical session, the House marked the conclusion with the traditional and celebratory paper toss on Friday, May 17, 2013.

Several bills aimed at reinstating or expanding the ethics reforms of Senate Bill 844 failed to pass. The major 2010 ethics reforms in Senate Bill 844 were found to be unconstitutional by the Missouri Supreme Court because they were joined to a procurement bill.

Photo of the Missouri State Capitol by RebelAt on Wikipedia.

State and Federal Communications is proud to be a speaker sponsor for the Women in Government Relations Spring Reception, which will be held at Union Station’s Columbus Club in Washington, D.C. The theme of the reception will be “New Heights for Women Leaders” and will be happening on Thursday, May 16, 2013 from 5:30 to 8:30 p.m.

According to the WGR website: The Spring Reception brings together Members of Congress, Hill staff and the government relations and public affairs community to honor Congressional leaders who embody the vision of WGR – to advance and empower women in our field. This year we will be honoring two outstanding Members of Congress, Senator Mary Landrieu and Congresswoman Cathy McMorris Rodgers, as well as our very own Distinguished Member, Angel Riley.

Elizabeth Bartz, president and CEO of State and Federal Communications, Federal Compliance Associate Rebecca South, and Marketing Manager Melissa Coultas will be attending the event.