Gov. Phil Scott signed Senate Bill 8 today, approving the creation of a state code of ethics and a state ethics commission.

The five-member commission will review cases of unethical behavior and, if necessary, send the case to the attorney general. The bill also prohibits former lawmakers and executive officers from lobbying for one year after leaving office and prohibits businesses from entering into certain contracts with state offices where they have made campaign contributions.

The new revolving door provision takes effect on July 1, 2017 and the contractor contribution restrictions take effect on December 16, 2018.

Ethics

“Jeff Sessions Testifies: Refuses to say whether he spoke to Trump about Comey’s handling of Russia investigation” by Sari Horwitz, Devlin Barrett, and Matt Zapotosky for Washington Post

“Religious Liberals Sat Out of Politics for 40 Years. Now They Want in the Game.” by Laurie Goodstein for New York Times

“COVFEFE Act Would Make Social Media a Presidential Record” by Joe Uchill for The Hill

Arizona: “Now Under Indictment, Gary Pierce Was Known for Unpopular Decisions as Utility Regulator” by Ryan Randazzo for Arizona Republic

Florida: “No Charges Filed in Mysterious Autism Charity Case” by Monique Madan for Miami Herald

Montana: “Anger Management but No Jail in Gianforte Body-Slam Saga” by Bobby Caina Calvan and Amy Beth Hanson (Associated Press) for KWWL

Oregon: “Oregon Bill Will Set Public Records Deadlines” by Hillary Borrud for Portland Oregonian

Elections

“Russian Cyber Hacks on U.S. Electoral System Far Wider Than Previously Known” by Michael Riley and Jordan Robertson for Bloomberg.com

Legislative Issues

“Senate Republicans Back Off Proposed Restrictions on Media” by Alexander Bolton for The Hill

South Carolina: “Lack of Guidance from South Carolina Lawmakers on Lieutenant Governor’s Role Clouds Start of 2018 Elections” by Maya Prabhu for Charleston Post and Courier

On June 6, the Legislative Assembly of Alberta, Canada, adjourned for the summer.

Legislation passed during the 3^rd Session of the 29^th Legislature include Bill 8, entitled An Act to Strengthen Municipal Government and Bill 11, Public Interest Disclosure (Whistleblower Protection) Amendment Act, 2017.

The Legislative Assembly is scheduled to reconvene on October 30, 2017, and to adjourn on December 7, 2017.

Gov. Dennis Daugaard called a special session for June 12 to consider legislation relating to public recreational use of non-meandered waters overlying private property.

The issue comes after a Supreme Court opinion prohibited state officials from facilitating access to waters on private property.

Under the drafted legislation to be considered by lawmakers during the special session, South Dakota’s Game, Fish and Parks Department would be able to negotiate with landowners to open access to such lakes for recreation.

Missouri Gov. Eric Greitens has called a special legislative session to consider new abortion regulations.

The extraordinary session is slated to begin Monday, June 12, just one week after the Legislature adjourned its first extraordinary session.

Lawmakers will consider stricter regulations on abortion clinics as well as attempt to nullify a St. Louis ordinance banning employers and landlords from discriminating against women who have had an abortion.

Gov. Greg Abbott called a special session of the Texas Legislature on Tuesday in an effort to push through a bill package necessary to keep some state agencies from closing.

Lt. Gov. Dan Patrick intentionally kept the legislation, known as a sunset bill, from passing in order to force a special session to discuss other items that did not pass during the regular session of the Legislature.

Gov. Abbott announced a 20-item agenda for the session but stated no other legislation would be looked at until the sunset bill is passed in full. Some other items listed on the agenda include school finance reform and mail-in ballot fraud.

The special session is scheduled to convene July 18, 2017.

Lobbying

“White House Backs Down on Keeping Ethics Waivers Secret” by Eric Lipton for New York Times

Pennsylvania: “Lack of Gift Ban for Pa.’s Legislators Continues to Miff Critics” by Angela Couloumbis (Philadelphia Inquirer) and Karen Langley for Pittsburgh Post-Gazette

Campaign Finance

Arizona: “Court: Former Attorney General Tom Horne’s rights violated in campaign case” by Yvonne Wingett Sanchez for Arizona Republic

Missouri: “Candidate Spending Gets Little Scrutiny under Missouri Ethics Laws” by Ellen Cagle for Southeast Missourian

Washington: “Citizen Watchdog Peppers Washington State with Campaign-Finance Complaints Against Dems” by Joseph O’Sullivan for Seattle Times

Ethics

“A Constitutional Puzzle: Can the president be indicted?” by Adam Liptak for New York Times

“Congress Expands Russia Investigation to Include Trump’s Personal Attorney” by Brian Ross and Matthew Mosk for ABC News

“How Michael Flynn May Have Run Afoul of the Law” by Charlie Savage for New York Times

Kentucky: “Bevin, Facing Ethics Complaint, Blasts Journalist Over Reporting About His Mansion” by Allison Ross (Louisville Courier-Journal) for Lexington Herald-Leader

Michigan: “Lawyer Is 7th Person Charged in Macomb County Corruption Probe” by Tresa Baldas for Detroit Free Press

Legislative Issues

Texas: “Texas Lawmaker Threatens to Shoot Colleague After Reporting Protesters to ICE” by Matthew Haag for New York Times

Members of Congress could be banned from being lobbyists for life if legislation introduced this month becomes law.

Senate Bill 1189, Close the Revolving Door Act of 2017, places a lifetime ban on current members of Congress from becoming lobbyists. Senators Michael Bennet, Cory Gardner, and Al Franken introduced the legislation, which also increases the statutory staff restrictions on lobbying from one year to six years.

Additionally, the bill bans lobbyists from joining Congressional staffs or committee staffs they lobbied for six years and increases the maximum penalty for violating the Lobbying Disclosure Act.

“Our legislation would put in place much-needed reforms-by not only banning members of Congress from becoming lobbyists, but also by making the industry become more accountable and transparent,” Franken said in a press release.

On May 23, Rep. Mitch Greenlick introduced House Joint Resolution 32, proposing a ballot measure to impose a $500 limit on political contributions from any organization that gets more than half of its funding from public sources.

HJR 32 seeks to limit influence from Medicaid providers that profit from the Oregon Health Plan while making large political contributions to lawmakers.

Under current law, organizations may make unlimited contributions and expenditures to candidates and political committees.

South Carolina lawmakers scheduled a three-day special legislative session before adjourning the regular session on May 11. The special session is expected to begin today.

Because state law requires it, House Speaker Jay Lucas will gavel it in but then likely adjourn an empty chamber.

He encouraged House members not to return for the session because there is no budget compromise to consider. He plans to call House members back when the budget panel, consisting of members from both chambers of the Legislature, has taken the time to complete its work and reach an agreement.

The 46 members of the Senate are expected to be present for the special session, as Senate President Pro Tem Hugh Leatherman has not indicated anything to the contrary.

Missouri lawmakers will return to work today as the General Assembly convenes a special legislative session.

Following the May 12 adjournment of the regular session, Gov. Eric Greitens hinted a special session was imminent and called for the session just two weeks later. The special session will focus on bringing jobs and an economic boost to the state.

Lawmakers will consider legislation to attract a steel plant and an aluminum smelter to locate there in exchange for lower utility rates.

The session has no target end date and is expected to cost taxpayers tens of thousands of dollars per week.

On Friday, Montana Gov. Steve Bullock vetoed a bill to increase the maximum allowable contributions from individuals and political action committees and place the Office of the Commissioner of Political Practices under the jurisdiction of the state attorney general.

Senate Bill 368 would also have prohibited the Commissioner of Political Practices from filing criminal cases against candidates and transitioned complaints to the court of the defendant’s residence.

In his veto, Gov. Bullock stated the bill would undermine the effectiveness of the office and the up to 300% increase to some contribution limits was beyond what was acceptable to Montanans.

Gov. Bullock went on to say Senate Bill 368 would undo the progress the Office of the Commissioner of Political Practices and the 2015 Montana Disclose Act have made over the last two years.

The Legislature adjourned sine die late Friday, May 19, 2017.

Bills to block removal of Confederate monuments and allow certified midwives to deliver babies in the home both passed.

Lawmakers failed to pass the prison bill and Gov. Kay Ivey is expected to revisit the issue in a special session.

Federal:

Deputy Attorney General Appoints Special Counsel to Oversee Probe of Russian Interference in Election
Washington Post – Devlin Barrett, Sari Horwitz, and Matt Zapotosky | Published: 5/18/2017

The Justice Department appointed Robert Mueller, a former FBI director, as special counsel to oversee the investigation into ties between President Trump’s campaign and Russian officials, dramatically raising the legal and political stakes in an affair that has threatened to engulf Trump’s presidency. The decision by Deputy Attorney General Rod Rosenstein came after a cascade of damaging developments for Trump in recent days, including his abrupt dismissal of James Comey as FBI director, and the subsequent disclosure that the president asked Comey to drop the investigation of his former national security adviser, Michael Flynn.

DOJ Deflects Calls for More Foreign Agents Act Transparency
Bloomberg BNA – Kenneth Doyle | Published: 5/11/2017

Watchdogs are calling for the U.S. Department of Justice to make public all of its advisory opinions on the Foreign Agents Registration Act (FARA), a law aimed at letting the public know about foreign influence on U.S. politics. The Justice Department recently posted online brief summaries of three past advisory opinions issued under FARA. It has indicated no plans for further action. Meanwhile, other, more complex questions about who must register under the law have increased. High-profile advocates, including Michael Flynn, President Trump’s former national security adviser, recently filed disclosures under FARA revealing past work for foreign governments or political parties.

Reckless Stock Trading Leaves Congress Rife with Conflicts
Politico – Maggie Severns | Published: 5/14/2017

A Politico investigation found 28 House members and six senators each traded more than 100 stocks in the past two years, placing them in the potential cross hairs of a conflict-of-interest on a regular basis. A handful of lawmakers, some of them frequent traders and some not, disproportionately trade in companies that also have an interest in their work on Capitol Hill. House and Senate members who are active traders insist their buying and selling is a normal part of managing their finances, as with any American who wants to save for retirement. But the clear majority of lawmakers avoid potential conflicts by buying mutual funds, putting their portfolios in blind trusts, or simply staying out of the stock market.

The Right Builds an Alternative Narrative About the Crises Around Trump
New York Times – Jeremy Peters | Published: 5/17/2017

As Americans process a dizzying week of damning revelations about President Trump, he has found shelter on the right, where the collective judgment of the conservative media and the Republican Party so far seems to be to shift the blame and change the subject. His most fervent supporters are building alternative narratives to run alongside the “mainstream media” account, from relatively benign diversions to more bizarre conspiracies. For many Trump loyalists, the issue is not whether his presidency is messy and chaotic and dysfunctional; the more relevant question is whether they see anyone else who is equipped to change Washington in the way Trump promised he would.

What Is Obstruction of Justice? An Often-Murky Crime, Explained
New York Times – Charlie Savage | Published: 5/16/2017

The report that President Trump asked then-FBI Director James Comey to drop the investigation into former National Security Advisor Michael Flynn has sparked charges that Trump is obstructing justice. Several federal statutes criminalize actions that impede official investigations. While some examples of illegal ways to thwart the justice system are specific, like destroying evidence, the law also includes broad, catchall prohibitions. Could that cover asking the FBI director to drop part of an investigation, and later firing him?

From the States and Municipalities:

California – Mayor’s Top Aide Got Married at Bayfront Estate of Developer and SoccerCity Supporter
San Diego Union-Tribune – Jeff McDonald | Published: 5/12/2017

Stephen Puetz, chief of staff to San Diego Mayor Kevin Faulconer, took his wedding vows at a private home owned by developer Morgan Dene Oliver, who advocating for the SoccerCity plan for the city-owned Qualcomm Stadium property. Puetz said he received no special treatment from Oliver. As soon as he was offered use of the estate, he said, he contacted the city Ethics Commission to see how he could best meet the conflict-of-interest rules. Puetz said he and his wife, former council aide and registered lobbyist Diana Palacios, paid for the wedding themselves, including a reasonable fee to Oliver for use of the property.

Massachusetts – City Council Debates Level of Transparency in Lobbying Act
Spare Change News – Beth Treffeisen | Published: 5/15/2017

The Boston City Council held a hearing to discuss Mayor Martin Walsh’s re-filing of the proposed home rule petition on lobbying. At the hearing, questions soon arose on whether this draft is what would work best for the city. In its current form, the petition is modeled after existing lobbying regulations at the state-level, but also goes beyond the state’s framework by covering communications not only with elected officials but also with all city employees at all levels of municipal government.

Missouri – Greitens Fails to Meet Promises on Ethics Laws
Southeast Missourian – Summer Ballentine (Associated Press) | Published: 5/15/2017

Bills to strengthen state ethics laws, a campaign pledge of Missouri Gov. Eric Greitens, languished and failed to make it to his desk before lawmakers adjourned the 2017 legislative session. While Greitens said he “set the example on ethics” by enacting lobbyist-gift and revolving-door bans in the executive branch, lawmakers said a not-for-profit with secret donors that promotes his agenda helped undermine his policy proposals in the Legislature.

Montana – New Commissioner Takes Over at Political Practices Office
U.S. News & World Report – Matt Volz (Associated Press) | Published: 5/15/2017

Jeff Mangan has taken over as Montana’s commissioner of political practices, succeeding Jonathan Motl. The office is a political hot seat by nature of its role as the independent overseer of the campaign activities of the state’s elected officials. Allegations of partisan bias tend to dog the commissioner, who is appointed by the governor and must be confirmed by the Senate. As a result, the commissioner’s office has seen frequent turnover – Mangan will be the fifth person to hold the office since Dennis Unsworth in 2010, and he is the first in that time to be confirmed to a full six-year term.

New Hampshire – N.H. Ethics Committee Has Fielded Dozens of Complaints, But Issued No Violations
New Hampshire Public Radio – Casey McDermott | Published: 5/15/2017

The Executive Branch Ethics Committee has spent much of the last decade maintaining a remarkably low profile – it has never held a public hearing on a complaint or recommended any penalties against public officials accused of ethics breaches. From the beginning, this seven-member panel was designed to serve as a resource and a kind of conscience-check for state officials. On that end, it has published dozens of advisory opinions, but the committee was also supposed to be a place where the public could turn when they thought executive branch officials were breaking the rules.

New Jersey – ‘P.S.: One of the ring leaders works in your bank!’: Is this congressman’s fundraising letter a threat?
Washington Post – Amber Phillips | Published: 5/15/2017

In a hand-written note, U.S. Rep. Rodney Frelinghuysen outed a member of an activist group opposing the incumbent Republican to her employer. Saily Avelenda was still a senior vice president and assistant general counsel at Lakeland Bank in March when Frelinghuysen sent a fundraising letter to a member of the bank’s board of directors informing him that Avelenda was one of the “ringleaders” of NJ 11th for Change. The group formed in response to the election of President Trump and has been pressuring Frelinghuysen to meet with constituents in his district and to oppose Trump’s agenda. Avelenda subsequently resigned from her position at the bank.

North Carolina – Strict North Carolina Voter ID Law Thwarted After Supreme Court Rejects Case
New York Times – Adam Liptak and Michael Wines | Published: 5/15/2017

The U.S. Supreme Court will not review a decision that found North Carolina’s 2013 voting law discriminated against African American voters. A unanimous panel of the U.S. Court of Appeals for the Fourth Circuit had found in 2016 that North Carolina legislators had acted “with almost surgical precision” to blunt the influence of African American voters. Last summer, the Supreme Court had divided evenly on whether the law could be used in last fall’s election while the appeals continued. As is the court’s custom, the justices gave no reason for declining to hear the case. But Chief Justice John Roberts issued a statement noting there was a dispute about who represented the state in the case and nothing should be read into the court’s decision to decline to hear it.

South Carolina – State Rep. Rick Quinn Indicted by State Grand Jury
Charleston Post & Courier – Glenn Smith | Published: 5/16/2017

State Rep. Rick Quinn is the fourth South Carolina legislator charged as part of a corruption probe. A grand jury indicted Quinn on two counts of misconduct in office. He is accused of using campaign donations for personal profit. Quinn is the son of veteran strategist Richard Quinn, who owns marketing and political consulting firms. Rick Quinn, also a campaign consultant, owns a direct-mail business. The Quinns have said they keep their firms separate, but the indictments allege Rep. Quinn has an economic interest in all of them. Quinn’s father has not been charged. But the millions of dollars the Quinn firms have collected and spent on clients’ behalf have been a central part of the inquiry.

Vermont – Vt. Political Ethics Bill Moves to Governor’s Desk
Burlington Free Press – April McCullum | Published: 5/11/2017

A bill passed by Vermont lawmakers sets up a state ethics commission in 2018 with a part-time executive director that would review complaints, but would have no investigative or enforcement authority. The commission would also create a state ethics code. The bill also limits lawmakers and government officials from lobbying immediately after they leave office. Individuals who give campaign contributions to a candidate would have to wait one year before that politician’s office could consider them for a no-bid state contract over $50,000.

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.