Several ethics bills have been introduced in Michigan Legislature.

House Bill 4489 prohibits immediate family members of a public officer or employee from accepting gifts tending to influence the manner in which the public officer or employee or another public officer or employee performs official duties.

House Bill 4526 prohibits, for three years after leaving office, a former member of the Michigan Senate or House of Representatives who was, at any time, the chair of a standing committee, from making expenditures for or receiving compensation or reimbursement for actual expenses for lobbying equal to or exceeding the limit established to require registration as a lobbyist agent.

Similarly, House Bill 4527 prohibits any former member of the Michigan Senate or House of Representatives from being a lobbyist agent for two years after leaving office.

If passed, the bills will become effective 90 days after the end of the legislative session.

The Vermont House approved Senate Bill 8, a measure establishing a state ethics commission and providing greater transparency from those seeking public office.

If both houses can agree on a final version, a five-member ethics commission would accept complaints and assign them to other agencies for investigation. The commission would also compile a report on complaints for the legislature.

The bill would require financial disclosures from candidates and their spouses, with the Senate version requiring disclosure of income tax returns. The bill also prohibits lawmakers and other high-level employees from becoming a lobbyist for one year after leaving office and restricts holders of certain no-bid contracts from making campaign contributions.

A conference committee will now work out the differences before sending the bill to the governor. Vermont is one of five states without a state ethics commission.

Lobbying

“Trump Transition Staffers Head to K Street Despite Lobbying Ban” by Theodoric Meyer and Michael Stratford for Politico

“City Pays for Mets Moment, Guided by Firm with Troubled Ties to de Blasio” by J. David Goodman for New York Times

Campaign Finance

Colorado: “Colorado Supreme Court Hears Dispute on Whether Legal Fees Count as Political Donations” by Tom McGhee for Denver Post

Minnesota: “Minnesota Republicans Want to Eliminate ‘Welfare for Politicians’” by Rachel Stassen-Berger for St. Paul Pioneer Press

Tennessee: “Jeremy Durham Dismisses Campaign Finance Audit, Points Finger in Fiery Letter” by Dave Boucher and Joel Ebert for The Tennessean

Ethics

“A Code Pink Protester Laughs Over a Trump Nominee and Is Convicted” by Christopher Mele for New York Times

“While in White House, Trumps Remained Selling Points for ‘Very Special’ Philippines Project” by Drew Harwell and Matea Gold for Washington Post

Vermont: “House Passes Ethics Commission Bill with Some Reluctance” by Mark Johnson for VTDigger.org

Elections

“Comey Forcefully Defends ‘Painful’ Decision on Clinton Probe” by Josh Gerstein and Austin Wright for Politico

Campaign Finance

“Secret Audit Left D.C. Voters ‘In the Dark.’ Now It Stirs Talk of Election Reform” by Aaron Davis for Washington Post

Canada: “PM No Longer Under Investigation for Cash-for-Access Fundraisers, but Ethics Commissioner Won’t Say Why” by Zane Schwartz for National Post

Massachusetts: “Can a Congressman Use Campaign Funds to Give You Free T Rides?” by Nicole Dungca for Boston Globe

Utah: “Utah Attorney General Makes a Trump Shortlist, and Donations Pour In” by Matt Apuzzo for New York Times

Ethics

“Ethics Office Details Conflict of Interest Rules for Ivanka Trump” by Olivia Beavers for The Hill

“Trump Starts Dismantling His Shadow Cabinet” by Michael Grunwald, Andrew Restuccia, and Josh Dawsey for Politico

Minnesota: “BCA to Investigate Bribery Solicitation Allegations Against St. Paul Mayoral Candidate Dai Thao’s Campaign” by Jessie Van Berkel for Minneapolis Star Tribune

New York: “Chaos at Rikers, but City Jails Chief Was Gone for 90 Days” by William Rashbaum and Michael Schwirtz for New York Times

Elections

“Emboldened by Trump but Divided by Generations, Democrats Look to 2020” by Alexander Burns and Jonathan Martin for New York Times

Carol Williams, executive director of the Kansas Governmental Ethics Commission, announced her retirement from the commission.

She will step down from her post in September, staying on to assist with primary elections for school boards and first class cities.

Williams has worked for the Ethics Commission since 1977 and has been the executive director since 1981.

On April 28, a three-judge panel issued an order in Gov. Roy Cooper’s legal challenge against Senate Bill 68 to put the law on hold until a further hearing on May 10.

The new law to combine state elections and ethics boards became law when the House and Senate voted to override Gov. Roy Cooper’s veto of Senate Bill 68.

Senate Bill 68 was a renewed effort to revamp the boards after a three-judge panel ruled that the General Assembly overstepped its state constitutional authority when it adopted Senate Bill 4 in 2016 to establish a similar bipartisan board to oversee elections and ethics.

The Montana Legislature adjourned the 2017 regular session April 28, 2017.  House Bill 340, eliminating the Office of the Commissioner of Political Practices, made it through the House but was tabled in the Senate and did not pass.

Senate Bill 368, increasing contribution limits for both individuals and political action committees and placing the Office of the Commissioner of Political Practices under the jurisdiction of the state Attorney General, passed at the last minute and will be sent to the Governor.

The Montana Legislature will pick up again in January 2019.

The Tennessee House voted unanimously last week to require legislators to disclose travel expenses provided by anyone with an interest in public policy if the travel was for the purpose of educating a legislator with respect to said policy.

The bill, as originally introduced, would cover national organizations such as the American Legislative Exchange Council (ALEC), the National Conference of State Legislatures (NCSL), or other organizations where corporations provide scholarship funds for legislators to attend a conference.

The bill would require disclosure of the corporation or entity providing the scholarship or funding, but would not require specific dollar amounts.

The Senate passed an amendment to the House bill to exclude from the definition of travel expense any expense paid for by an organization of elected or appointed state government officials, or any other established and recognized organization serving as an umbrella organization for legislative officials and staff.

It has been placed back on the House calendar for early May.

Lobbying

“New Registration Details Manafort’s Lobbying for Group with Pro-Russia Ties” by Megan Wilson for The Hill

Campaign Finance

Massachusetts: “Regulator Sees ‘Evidence of Violations’ at Thornton Law Firm” by Andrea Estes for Boston Globe

Missouri: “Missouri Governor to Pay Fee for Using Nonprofit Donor List” by David Lieb (Associated Press) for U.S. News & World Report

Washington: “Washington State Senators Tap Surplus Campaign Money for Food, Clothes, Furnishings” by Joseph O’Sullivan for Seattle Times

Ethics

“Ethics Rules Waivers for Trump’s Team to Get Federal Scrutiny” by Bill Allison for Bloomberg.com

Florida: “Hooters ‘Calendar Girl’ and Playboy ‘Miss Social’ Were Artiles’ Paid Consultants” by Mary Ellen Klas for Miami Herald

Florida: “Miami Firm Involved in Anti-Hazing Program Did Not Detail Use of $1 Million from State” by Arek Sarkissian for Naples Daily News

Illinois: “Byrd-Bennett Sobs While Trying to Explain Corruption, Gets 4 1/2 Years in Prison” by Jason Meisner and Juan Perez Jr. for Chicago Tribune

Elections

“Guns and Religion: How American conservatives grew closer to Putin’s Russia” by Rosalind Helderman and Tom Hamburger for Washington Post

Legislative Issues

North Carolina: “North Carolina Judges Back Governor Over Election Changes” by Emery Dalesio (Associated Press) for U.S. News & World Report

Lobbying

“Lewandowski’s Firm Appears to Offer Trump Meetings” by Kenneth Vogel and Josh Dawsey for Politico

Campaign Finance

California: “Rep. Rohrabacher’s Ex-Campaign Treasurer Sentenced to Year in Jail for Embezzlement” by Hannah Fry for Los Angeles Times

Colorado: “Judge Says Ex-Congressman Bob Beauprez’s Group Must Pay $17,000 in Campaign Finance Fines” by Corey Hutchins for Colorado Independent

Colorado: “Campaign Finance Reform Measures Die in Colorado Legislature” by Peter Marcus for ColoradoPolitics.com

Maine: “New Info About Maine Casino Campaign’s Financing Triggers Ethics Concerns” by Mitchell Shepherd for Bangor Daily News

New Mexico: “City Contractors Give to ABQ Mayoral Candidates” by Sandra Fish for New Mexico In Depth

New York: “Proposal Would Boost Public Campaign Matching Funds” by Samar Khurshid for Gotham Gazette

Oklahoma: “Oklahoma State Sen. Kyle Loveless Resigns Amid Criminal Investigation” by Nolan Clay and Dale Denwalt for The Oklahoman

Ethics

“Bribe Cases, a Secret Jared Kushner Partner and Potential Conflicts” by Jesse Drucker for New York Times

“Pentagon Inquiry Seeks to Learn if Flynn Hid Foreign Payment” by Emmarie Huetteman and Matthew Rosenberg for New York Times

Rhode Island: “Restaurant Owner to Serve Year in Prison for Bribing Former R.I. House Speaker” by Katie Mulvaney for Providence Journal

South Dakota: “South Dakota Ethics Bill Lost Teeth on Its Way to Becoming Law” by Dana Ferguson for Sioux Falls Argus Leader

Texas: “How the Federal Case Against John Wiley Price Fell Apart” by Jennifer Emily, Gromer Jeffers Jr., and Kevin Krause for Dallas News

See what’s happening in government relations this week in our News You Can Use Video Digest. Enjoy!

National:

Can Elections Like Georgia’s Help Predict Future Races?
New York Times – Jonah Engel Bromwich | Published: 4/19/2017

The recent congressional election in Georgia was billed as having potential national implications, as an early test of whether anti-President Trump energy could fuel Democratic victory in a traditionally Republican district. It seems likely the same will be said for scattered upcoming special elections in other states. But political scientists and pollsters who analyze races for a living say so-called bellwether races are tricky to evaluate, if they even exist at all.

Some Public Pensions Help Trump, Report Shows
U.S. News & World Report – Julia Harte (Reuters) | Published: 4/26/2017

Public pension funds in at least seven U.S. states have invested millions of dollars in an investment fund that owns a New York hotel and pays one of President Donald Trump’s companies to run it. That arrangement could put Trump at risk of violating an obscure constitutional clause. The Trump SoHo Hotel and Condominium is owned by a Los Angeles investment group, the CIM Group, through one of its real estate funds. The possible problem for Trump lies in the fact that state- and city-run pension funds have invested in the CIM fund and pay it a few million dollars in quarterly fees to manage their investments in its portfolio. In return for marketing and managing the hotel-condo, CIM pays Trump International Hotels Management a percentage of the SoHo’s operating revenues. The Constitution bars the president from receiving additional payments beyond his salary from state governments.

Federal:

Flynn Probably Broke the Law by Failing to Disclose Foreign Payments, House Oversight Leaders Say
Washington Post – Karoun Demirjian | Published: 4/25/2017

Michael Flynn, President Trump’s first national security adviser, may have violated federal law by not fully disclosing his business dealings with Russia when seeking a security clearance to work in the administration, the top oversight lawmakers from both parties in the U.S. House sad. Rep. Jason Chaffetz, chairperson of the House oversight committee, said Flynn also appeared to have inappropriately accepted the funds without permission. The declaration came after Chaffetz and other members of the committee reviewed classified documents related to Flynn, including the form he filled out in January 2016 to renew his security clearance.

Sessions Vows to Enforce an Anti-Bribery Law Trump Ridiculed
New York Times – Charlie Savage | Published: 4/24/2017

Attorney General Jeff Sessions affirmed the U.S. Justice Department’s commitment to prosecutions under the Foreign Corrupt Practices Act (FCPA), which bars corporations from bribing foreign officials to gain a business advantage. Paul Pelletier, a former deputy chief of the fraud section of the Justice Department’s Criminal Division, said Sessions’ remarks were significant because of speculation about whether the administration would ease enforcement of the act. President Trump once called it a “horrible law.” The act was little invoked or discussed for years. But around 2005, the fraud section began enforcing it much more vigorously. It has rapidly become a major factor in business decisions about overseas operations, generating big fees for law firms and large fines for the government.

Slow Pace of Trump Nominations Leaves Cabinet Agencies ‘Stuck’ in Staffing Limbo
Washington Post – Lisa Rein | Published: 4/25/2017

President Trump’s Cabinet secretaries are growing exasperated at how slowly the White House is moving to fill hundreds of top-tier posts, warning the vacancies are hobbling efforts to oversee agency operations and promote the president’s agenda. The Senate has confirmed 26 of Trump’s picks for his Cabinet and other top posts. But for 530 other vacant senior-level jobs requiring confirmation, the president has advanced just 37 nominees. The nomination process has been slowed by the unusual degree of scrutiny the White House is giving job candidates. Prospective nominees for senior posts and even some of the more junior ones must win approval from competing camps inside the White House.

Trump Inauguration Admits Errors, Vows to Correct Numerous Faulty Donor Records
HuffPost – Christina Wilkie | Published: 4/25/2017

President Trump’s inaugural committee acknowledged it made errors in a list of donors submitted to the FEC. That admission followed an unusual crowdsourced reporting project, in which HuffPost reporter Christina Wilkie asked the public to examine more than 1,500 listings of individual donors and their addresses. That effort, along with others from other news organizations, seemed to turn up more than 300 examples where the data seemed not to match reality. The scores of mistakes contained in the FEC filing can largely be traced to a fundraising and ticketing system the Republican Party introduced this year, which provided special online access codes to Trump supporters.

From the States and Municipalities:

Alabama – U.S. Top Court Preserves Alabama Campaign Finance Curbs
Reuters – Andrew Chung | Published: 4/24/2017

The U.S. Supreme Court declined to hear a challenge to Alabama’s ban on the transfer of campaign contributions between PACs. The decision left in place an appeals court ruling that the 2010 law does not unconstitutionally restrict political speech. To comply with the law, the Alabama Democratic Conference established separate banks accounts for candidate contributions and its other expenditures. It then proceeded to sue to the state and the Alabama attorney general, arguing in the law violated its First and Fourteenth Amendment rights.

California – Blacklist of Border-Wall Contractors Advanced in California Senate
Courthouse News Service – Nick Cahill | Published: 4/25/2017

Contractors would have to choose between building a border wall between the U.S. and Mexico and doing business with California under a bill that advanced in the Senate. Senate Bill 30 would blacklist companies who help to build the controversial wall that President Trump has promised to construct. In addition, Assembly Bill 946 would force the state to drop its pension investments in any companies involved in the project. Lobbyists for contractors spoke out against the bill at a hearing, saying it would create a slippery slope. “What next unpopular project would we blacklist for contractors”” asked Todd Bloomstine of the Southern California Contractors Association.

Missouri – Fewer Missouri Lawmakers Are Bunking with Lobbyists
St. Louis Post-Dispatch – Kurt Erickson | Published: 4/21/2017

Four members of the Missouri Legislature and one former deputy attorney general have rented sleeping space from lobbyists this year, compared with eight last year. Staying in a room in a lobbyist’s home is an alternative to staying in a hotel near the Capitol, where lawmakers typically work from Monday afternoon to Thursday afternoon before heading back to their home districts. Some legislators buy condominiums, homes, or duplexes during their stints in office. Disclosure reports do not offer details on how much lawmakers are paying in rent.

North Carolina – Tar Heel Republicans Override Gov. Cooper Veto in Latest Partisan Clash
Raleigh News & Observer; Associated Press –   | Published: 4/25/2017

The Republican majority in the North Carolina General Assembly voted to override Gov. Roy Cooper’s veto of plans to combine elections and ethics oversight under one state board. Under Senate Bill 68, the State Board of Elections and the State Ethics Commission would be merged into an eight-person board evenly divided between Democrats and Republicans. County elections boards also would be split evenly, going against the tradition of giving a one-person majority on the state and county boards to the party of the governor. Lawmakers voted in a December special session to combine the two state boards, but a three-judge panel declared that legislation unconstitutional, ruling lawmakers had overstepped their authority. Lawmakers tweaked Senate Bill 68 to address those concerns.

Pennsylvania – Phila. Board of Ethics Fines Teamsters Local 830
Philadelphia Tribune – Layla Jones | Published: 4/22/2017

The Philadelphia Board of Ethics cited Teamsters union Local 830 for failing to follow the city’s lobbying disclosure law. During the battle in city council over Mayor Jim Kenney’s proposed sweetened-beverage tax, the Teamsters paid Frank Keel to write opinion pieces opposing the levy. The ethics board said that amounts to lobbying. The law requires lobbyists to register and their clients to file reports disclosing what they have spent to influence city policy if it is more than $2,500 in one quarter. The board says the union paid Keel $5,000 for his services. The union will pay a $2,000 penalty. Keel, who was told to register as a lobbyist, was spared a fine.

Rhode Island – Panel: Probable cause that R.I. Supreme Court justice Flaherty violated ethics code
Providence Journal – Katie Mulvaney | Published: 4/25/2017

The Rhode Island Ethics Commission voted to find probable cause that state Supreme Court Justice Francis Flaherty violated the ethics code by failing to report his service on the board of a Catholic lawyers’ group. Helen Hyde filed a complaint faulting Flaherty for not indicating on his financial disclosure statements from 2010 to 2015 that he served as president of the St. Thomas More Society of Rhode Island. Hyde alleges Flaherty held that role while presiding over her appeal before the state Supreme Court. She alleged that a Roman Catholic priest sexually abused her more than four decades ago and sought to recover damages from the Roman Catholic Bishop of Providence. Flaherty wrote the decision denying Hyde and Jeffrey Thomas damages.

Virginia – Virginia Makes Key Adjustments to Law Governing Gifts to Officials, Adds New Lobbyist Gift Notification
National Law Review – Andrew Garrahan | Published: 4/26/2017

Virginia Gov. Terry McAuliffe signed House Bill 1854, which makes changes to the state’s lobbyist and gift laws. It eliminates a controversial exception to the $100 limit on lobbyist gifts to legislators and officials, adds a key new exception to that law, and includes an additional gift notification requirement for lobbyists, among other provisions.

Washington – ‘What’s Upstream?’ Ad Campaign Funded by EPA Did Not Break Federal Lobbying Rules, Investigation Finds
Seattle Times – Joseph O’Sullivan | Published: 4/24/2017

A controversial clean-water campaign funded by the U.S. Environmental Protection Agency (EPA) did not violate federal lobbying rules, an audit by the agency’s inspector general determined. The What’s Upstream? campaign included billboards and ads to raise awareness of water issues surrounding agricultural pollution in the Puget Sound region. Some Republican lawmakers accused What’s Upstream?, which included a form letter on its website for people to contact their legislators, of being an “anti-farmer campaign.”  A letter signed by 145 members of Congress cited federal law that prohibits the EPA from using money for propaganda or advocacy without congressional approval.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

Gov. Terry McAuliffe approved changes to Virginia’s gift rules this week, marking the fourth consecutive year lawmakers have adjusted ethics provisions. Among other changes, House Bill 1854, and identical Senate Bill 1312, requires lobbyists to send legislators and executive officials a summary of gifts provided from January 1 through adjournment sine die of the regular session of the General Assembly. The summary must be provided within three weeks of adjournment and does not include the reconvened session.

The bill also eliminates the “common interest” exception to the $100 gift limit on lobbyists for widely attended events. This exception was used to justify luxury suite tickets to football games. An exception is added, however, for attendance at a reception where hors d’oeuvres and beverages are provided and can be consumed while standing or walking.

These changes are effective July 1, 2017, except the gift notification requirement is effective immediately.

Lobbying

“Spending on Lobbying Approached $1 Billion in First Quarter, Highest in 5 Years” by Kimberly Kindy for Washington Post

New York: “NYCLU’s Request for Donor Exemption Is Denied” by Chris Bragg for Albany Times Union

Oregon: “Ethics Commission: Gov. Brown’s budget adviser may lobby on her behalf” by Anna Marum for Portland Oregonian

Campaign Finance

“Trump Inauguration Admits Errors, Vows to Correct Numerous Faulty Donor Records” by Christina Wilkie for HuffPost

Montana: “State Campaign Finance Reform Bill Hits Snag in Senate” by Corin Cates-Carney for Montana Public Radio

Ethics

“Some Public Pensions Help Trump, Report Shows” by Julia Harte (Reuters) for U.S. News & World Report

Rhode Island: “Panel: Probable cause that R.I. Supreme Court justice Flaherty violated ethics code” by Katie Mulvaney for Providence Journal

Vermont: “Ethics Commission Bill Gains Steam in House” by Mark Johnson for VTDigger.org

Elections

“Slow Pace of Trump Nominations Leaves Cabinet Agencies ‘Stuck’ in Staffing Limbo” by Lisa Rein for Washington Post

Legislative Issues

Alabama: “House Judiciary Committee Releases Final Report on Bentley Impeachment” by Mike Cason for AL.com

Procurement

California: “Blacklist of Border-Wall Contractors Advanced in California Senate” by Nick Cahill for Courthouse News Service