In the 2018 regularly scheduled legislative session, the Utah Legislature has introduced a handful of bills modifying the Lobbyist Disclosure and Regulation Act.

Following a trend in state legislatures, House Bill 110 requires lobbyists to take an annual training course on unlawful harassment and creates a penalty requiring fines and revocation if the training is not completed in the prescribed amount of time.

Additionally, House Bill 20 exempts from the definition of reportable expenditures food or beverage provided to a public official at an event, tour, or meeting when the public official is giving a speech, participating in a panel discussion, or presenting or receiving an award at the event, tour, or meeting.

Lastly, House Bill 206 exempts from the expenditure provisions of the Lobbyist Disclosure and Regulation Act a gift received by a public official on behalf of the state and establishes provisions for the retention or disposal of a gift that a public official accepts on behalf of the state.

Elections

National: “Sexual Misconduct Spurs New Elections: The #MeToo race” by Trip Gabriel and Jess Bidgood for New York Times

Ethics

National: “Republican Attorneys General Call on Revolving Door Cases for Advice” by Andrew Perez for MapLight.org

National: “Tools of Trump’s Fixer: Payouts, intimidation and the tabloids” by Jim Rutenberg, Megan Twohey, Rebecca Ruiz, Mike McIntire, and Maggie Haberman for New York Times

California: “Six Women Were Likely Subject to Unwanted Behavior by a California Senator, Investigation Finds” by Taryn Luna for Sacramento Bee

District of Columbia: “D.C. Public Schools Leader to Resign After Skirting School Assignment Rules” by Perry Stein, Peter Jamison, and Fenit Nirappil for Washington Post

Lobbying

National: “With Grief and Hope, Florida Students Take Gun Control Fight on the Road” by Brendan Farrington, Josh Replogle, and Tamara Lush (Associated Press) for New York Times

National: “Labor’s Reprieve Is Over as U.S. Supreme Court Case Targets Fee” by Greg Stohr for Bloomberg.com

Kansas: “Kansas Senate Bills Expand Reach of Lobbyist Registration, Oppose Private Management of State Prisons” by Tim Carpenter for Topeka Capitol Journal

Utah: “Bill Advances to Help Prevent Sexual Harassment of Legislative Interns” by Lee Davidson for Salt Lake Tribune

Campaign Finance

Arizona: “Judge Tosses Bid by Corporation Commissioner Burns to Enforce Subpoena Against APS” by Howard Fischer (Capitol Media Services) for Arizona Daily Star

West Virginia: “Judge Grants Government’s Motion to Dismiss Charges Against Morgantown Coal Exec” by Matt Harvey for Charleston Gazette-Mail

Elections

New York: “State Officials Say They Are Told Too Little About Election Threats” by Michael Wines for New York Times

Ethics

California: “Ethics Chair Resigns Over Failure to Place Campaign Finance Reforms on June Ballot” by Joshua Sabatini for San Francisco Examiner

Maryland: “New Report Describes Scenes of Sexual Harassment in Maryland General Assembly” by Erin Cox for Baltimore Sun

Lobbying

National: “Former Skadden Lawyer Pleads Guilty to Lying in Russia Investigation” by Eileen Sullivan and Kenneth Vogel for New York Times

North Carolina: “Conspiracy Theories, Criminal Investigations Plentiful in NC Bail Bonds World” by Travis Fain for WRAL

South Carolina: “S.C. Lawmakers Call for Law Enforcement Probe of Bogus Pro-Utility Emails” by Andrew Brown for Charleston Post and Courier

Redistricting

Pennsylvania: “Pa. Supreme Court Releases New Congressional Map” by Jonathan Lai and Liz Navratil for Pittsburgh Post-Gazette

Campaign Finance

National: “Trump’s Inaugural Committee Paid $26 Million to Firm of First Lady’s Adviser” by Maggie Haberman and Kenneth Vogel for New York Times

New York: “Citizens United Can’t Hide Donor Lists from NY” by Nick Rummell for Courthouse News Service

Texas: “Austinites May Soon Be Able to Directly Support Candidates Through Voucher Donations” by Jessi Devenyns for Austin Monitor

Elections

National: “Mueller Charges 13 Russian Nationals with Interfering in 2016 Election” by Louis Nelson for Politico

Ethics

National: “Kelli Ward Touts Endorsement from Fake-News Site” by Jason Schwartz and Shawn Musgrave for Politico

District of Columbia: “D.C. Council Member Proposed Bill That Would Have Helped Firm That Offered His Son an Internship” by Fenit Nirappil for Washington Post

Tennessee: “How $225,000 Can Help Secure a Pollution Loophole at Trump’s E.P.A.” by Eric Lipton for New York Times

Lobbying

National: “K Street Reinvents Itself in the Era of Trump” by Kate Ackley for Roll Call

Delaware: “Lobbyists No Longer Have a Dedicated Room in Legislative Hall” by Scott Gross for Wilmington News Journal

Coming to you again with the fastest 2 1/2 minutes in campaign finance, lobbying and political compliance news you can use in this weeks video digest.

National:

Sinclair Broadcast Group Solicits Its News Directors for Its Political Fundraising Efforts
Chicago Tribune – Paul Fahri (Washington Post | Published: 2/12/2018

Sinclair Broadcast Group is asking its executives – including the news directors at its many television stations – to contribute to its PAC. Sinclair is the largest station owner in the country, with 173 outlets. Major TV news outlets such as ABC, CBS, and CNN say they prohibit their journalists from contributing to political parties, candidates, or causes, and do not ask them to chip in to the company’s PAC. By contributing money to Sinclair’s lobbying efforts, news directors would be tacitly supporting the company’s agenda, potentially raising doubts about their stations’ impartiality and independence when reporting on controversial issues, said Lewis Friedland, a journalism professor at the University of Wisconsin.

Federal:

VA Chief Shulkin, Staff Misled Ethics Officials about European Trip, Report Finds
Tampa Bay Times – Lisa Rein (Washington Post) | Published: 2/14/2018

Veterans Affairs Secretary David Shulkin, traveling on what he said was an “essential” trip to London and Copenhagen, improperly accepted tickets to the Wimbledon tennis tournament and brought his wife at taxpayer expense, according to an inspector general’s report. The scathing report says Shulkin and several top staff members made false and misleading statements both to justify the $122,334 trip and to defend it afterward. His chief of staff, Vivieca Wright Simpson, doctored an email to convince an agency ethics lawyer to approve a $4,300 flight for Shulkin’s wife, the report found.

From the States and Municipalities:

Alaska – Group Picks Alaska to Challenge Unlimited Campaign Donations
Bristol Herald-Courier – Becky Bohrer (Associated Press) | Published: 2/7/2018

A national group is focusing on Alaska in a bid to get the U.S. Supreme Court to revisit its Citizen United ruling. The decision paved the way for corporations and unions to make unlimited independent expenditures, and in Alaska, was viewed by state officials as likely rendering several provisions of state law prohibiting or limiting certain contributions unconstitutional. Equal Citizens wants to put that interpretation to the test but it could face an uphill battle. Lawrence Lessig, founder of Equal Citizens, said his group believes the Alaska Public Offices Commission sided with “what is a kind of conventional view among lawyers” that his group believes is incorrect. “What we’re trying to seek is clarification that the limits can be enforced,” Lessig said.

Arkansas – Former Arkansas Legislator Eddie Cooper Pleads Guilty to Embezzlement
KUAR – Wesley Brown | Published: 2/13/2018

Former Arkansas Rep. Eddie Wayne Cooper pleaded guilty to conspiring to embezzle more than $4 million from a nonprofit. Cooper pleaded guilty to one count of conspiracy to embezzle from Preferred Family Healthcare. Nonprofits that receive federal funds, such as Medicaid, are barred from direct lobbying efforts. From 2011 to 2017, Cooper received at least $387,501 from an Arkansas lobbying firm that received $3 million from Preferred Family. The nonprofit’s financial records show its payments were for “consulting services” when the real purpose of the payments was for lobbying and political campaign contributions, plea documents say. Cooper also received at least $63,000 in kickbacks in the conspiracy, according to his plea.

California – #MeToo Movement Lawmaker Investigated for Sexual Misconduct Allegations
Politico – Carla Marinucci | Published: 2/8/2018

A day after sexual harassment accusations against her became public, Assemblyperson Cristina Garcia said she is taking a voluntary, unpaid leave of absence while the allegations are investigated. But Garcia denied trying to grope a legislative aide and a lobbyist. Garcia is an outspoken leader of the #MeToo movement in California. She has called for male lawmakers accused of sexual harassment, assault, and misconduct to step down over the last several months and refused to work with them. She was one of 147 women who signed a letter drawing attention to problems at the Capitol in October.

Colorado – If You Can Pay $250, Colorado Lawmakers May Let You Skip Security at State Capitol
Denver Post – John Frank | Published: 2/8/2018

Legislation in Colorado would allow anyone to pay a $250 fee and submit fingerprints for a background check to obtain an identification card that allows entry to the Capitol and legislative buildings without going through a security screening. Senate President Kevin Grantham supports the measure, but it is expected to face opposition in the Democratic-led House, where leaders point to the Colorado State Patrol’s problems with the bill. A similar measure that applied only to lobbyists failed in 2010 after it became known as the “Lexus lane for lobbyists” bill. But the sponsors of the new bill dismiss questions about special access because any member of the public could apply for the card.

Maryland – Wife of 80-Year-Old State Senator Accompanies Him to Work Each Day. Some Say She Assists Him with Duties.
Washington Post – Ovetta Wiggins | Published: 2/11/2018

Since the January 10 start of Maryland’s legislative session, state Sen. Ulysses Currie’s wife has sat an arm’s length away from him in a reserved seat, Senate floor credentials dangling from a lanyard around her neck. Shirley Gravely-Currie’s presence has drawn attention not only to her husband’s diminishing health but also to the graying of the state Legislature and the delicate question of how long is too long to serve. As Americans live and work longer, it has become more common to see aging lawmakers on Capitol Hill or in statehouses across the country.

North Dakota – Amid Backlash, Gov. Burgum Reimburses Xcel Energy $37,000 for Super Bowl Tickets
Grand Forks Herald – John Hageman | Published: 2/7/2018

North Dakota Gov. Doug Burgum said he reimbursed Xcel Energy $37,000 for Super Bowl tickets in an effort to “eliminate even the perception of any conflict.” Xcel said the governor met with Chief Executive Officer Ben Fowke and Chris Clark, president of Xcel Energy-Minnesota, North Dakota, and South Dakota, along with other company leaders in a suite at US Bank Stadium. Meanwhile, Burgum’s legal counsel is crafting an ethics policy covering North Dakota’s chief executive and his staff.

Oklahoma – New Lobbying Rule Gets Mixed Review from Lawmakers and Those Who Try to Influence Them
Tulsa World – Barbara Hoberock | Published: 2/11/2018

A proposed rule that would require elected officials in Oklahoma to wait two years before working as lobbyists is getting mixed reviews. The Oklahoma Ethics Commission approved the rule. It will take effect if the Legislature does not take any action by the end of the session. The proposal comes as more lawmakers are lobbying their former colleagues as a way to make a living after their terms have ended. Ethics Commission Executive Director Ashley Kemp said the rule would prohibit policymakers from using their positions to benefit themselves.

Oregon – Oregon Ethics Watchdog Says John Kitzhaber Misused His Office for Personal Gain
Portland Oregonian – Hillary Borrud | Published: 2/14/2018

Former Oregon Gov. John Kitzhaber allegedly violated state ethics laws 11 times during his third and fourth terms, with the violations potentially carrying fines up to $55,000. An investigative report by the Oregon Government Ethics Commission staff outlines a suite of alleged violations. The commission is poised to vote on whether it agrees with its staff’s findings. According to the report, Kitzhaber used his office for financial gain, or to avoid financial problems, for former First Lady Cylvia Hayes and her consulting firm, 3EStrategies. Kitzhaber failed to follow laws to handle “potential conflicts-of-interest” when he took actions that may have impacted the consulting firm’s interests, ethics officials said.

Pennsylvania – Lobbyists Trying to Influence PA. State Government Will Have to Pay More If They Break the Rules
PennLive.com – Jan Murphy | Published: 2/14/2018

Pennsylvania Gov. Tom Wolf signed House Bill 1175, which requires lobbying disclosure reports to be filed electronically with the Pennsylvania Department of State. The new law also increases the daily maximum penalty for not filing reports by the quarterly deadline; doubles the maximum fine for not filing by the deadline; and requires the department to post all lobbying disclosure reports online within seven days of receiving the filing. The new penalties take effect immediately and the electronic filing requirement takes effect in 60 days.

South Carolina – Former S.C. House Majority Leader Rick Quinn Gets Probation in Misconduct Case
Charleston Post and Courier – Andrew Knapp and Glenn Smith | Published: 2/12/2018

Former South Carolina Rep. Rick Quinn will serve two years on probation instead of prison time after he pleaded guilty to misconduct in office. Circuit Court Judge Carmen Mullen also ordered Quinn to pay a $1,000 fine and perform 500 hours of community service. He is the third Republican lawmaker convicted in a statehouse corruption investigation. Mullen handed down the penalty over the objections of special prosecutor David Pascoe, who had questioned the validity of Quinn’s guilty plea while pushing for the former House majority leader to serve a year behind bars. Prosecutors accused Quinn of taking $4 million in unreported money from lobbyists. Quinn insisted his only crime was failing to report a lobbyist’s payments to his father’s political consulting firm.

Texas – Anti-Abortion Group Deletes State Senator’s Video After Questions of Legality Raised
Texas Tribune – Patrick Svitek and Jay Root | Published: 2/7/2018

An influential anti-abortion group abruptly deleted a Twitter video ad featuring Texas Sen. Bob Hall’s voice after reporters began asking if its paid messages adhered to laws restricting the use of corporate “dark money.” Texas Right to Life Committee also filed last-minute corrections to its December campaign finance reports indicating it had “inadvertently” attributed about $38,000 in radio ads to its corporate entity instead of its PAC. Texas Right to Life Committee is a politically active non-profit corporation that does not have to disclose its donors.

Utah – Taxpayers Reimbursed Former Lawmaker for Rooms Linked to Prostitution Allegations
St. George Daily Spectrum – David DeMille | Published: 2/12/2018

Taxpayer funds were used to pay for at least two hotel rooms that a former state lawmaker is alleged to have used to meet a prostitute last year, according to records found by a Utah House official. Rep. Jon Stanard resigned two days before British tabloid The Daily Mail published an article accusing him of meeting with the prostitute, and included screen shots of what appear to be text exchanges between the two setting up appointments and naming a price. Receipts from expense reports show Stanard was reimbursed about $225 for hotel room stays in Salt Lake City at two separate hotels in June and August of last year while he was attending legislative meetings, at locations and on dates that correspond with the text messages included in the article.

West Virginia – Democratic Candidate Turns House of Delegates Eviction Into $45k Fundraising Haul
Charleston Gazette-Mail – Jake Zuckerman | Published: 2/13/2018

A candidate for the West Virginia House of Delegates was cut off and removed from a hearing on oil and gas drilling on private land. Lissa Lucas spoke about her opposition to the bill, and listed donations that state lawmakers have received from oil and gas companies. She was told during her testimony that she should not be making “personal comments” regarding members of the House Judiciary Committee. “I have to keep this short because the public only gets a minute and 45 seconds while lobbyists can throw a gala at the Marriott with whiskey and wine and talk for hours to the delegates,” Lucas added. In a twist of fate, rallying against corporate money in politics might have made Lucas the most effective fundraiser in the House this election cycle.

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.

The Oklahoma Ethics Commission recently submitted its 2018 Promulgated Ethics Rules to the governor and both houses of the Legislature.

Proposed changes include, but are not limited to, a revolving door provision prohibiting elected state officers and chief administrative officers from lobbying for two years following their terms of office or service, new rules regarding the due dates of electronic filings, and revised reporting periods for candidate election reports and independent expenditure reports.

If the Legislature chooses not to reject the proposed rule changes, all amendments will be effective upon adjournment sine die of the 2018 regular legislative session.

Campaign Finance

National: “Sinclair Broadcast Group Solicits Its News Directors for Its Political Fundraising Efforts” by Paul Fahri (Washington Post) for Chicago Tribune

National: “I Approved This Facebook Message – But You Don’t Know That” by Jennifer Valentino-DeVries for ProPublica

Arizona: “House Passes Measure to Keep Cities From Banning ‘Dark Money’” by Howard Fischer (Capitol Media Services) for Arizona Capitol Times

Massachusetts: “OCPF Transparency Rules Could Discourage Donations, Critics Say” by Katie Lannan (State House News Service) for MassLive.com

Missouri: “Former Missouri State Senator Accused of Campaign Irregularities Loses Fight to Avoid $229K Fine” by Jack Suntrup for St. Louis Post-Dispatch

West Virginia: “Democratic Candidate Turns House of Delegates Eviction Into $45k Fundraising Haul” by Jake Zuckerman for Charleston Gazette-Mail

Ethics

Utah: “Taxpayers Reimbursed Former Lawmaker for Rooms Linked to Prostitution Allegations” by David DeMille for St. George Daily Spectrum

Legislative Issues

National: “Judges Say Throw Out the Map. Lawmakers Say Throw Out the Judges.” by Michael Wines for New York Times

Maryland: “Wife of 80-Year-Old State Senator Accompanies Him to Work Each Day. Some Say She Assists Him with Duties.” by Ovetta Wiggins for Washington Post

Lobbying

National: “Exiting Lawmakers Put in Calls to K Street” by Megan Wilson for The Hill

Arkansas: “Former Arkansas Legislator Eddie Cooper Pleads Guilty to Embezzlement” by Wesley Brown for KUAR

Gov. Tom Wolf signed House Bill 1175 into law, amending filing requirements and penalties for lobbyists.

The new law requires electronic filing of lobbying disclosures and increases the monetary penalties assessed for late reports.

Fines between $50 and $200 per day, depending on the number of days late, can now be levied and the maximum penalty increases from $2,000 to $4,000.

These new penalties take effect immediately and the electronic filing requirement takes effect in 60 days.

Campaign Finance

Missouri: “St. Louis County Council Looks into the Wisdom, and Practicality, of Campaign Donation Limits” by Jason Rosenbaum for St. Louis Public Radio

New York: “Mayor Wants City Charter Revision to Tackle Campaign Finance” by William Neuman for New York Times

Texas: “County Judge Sent $63K from Campaign Account to His Beer Company Without Reporting It” by Trent Seibert for Texas Monitor

Elections

Montana: “Montana’s Ban on Robocalls Upheld as Constitutional by Federal Judge” by Holly Michels for Helena Independent Record

Ethics

Federal: “Federal Grants Meant for Clean Coal Misspent on Liquor, Spas” by Ari Natter for Bloomberg

National: “A Whirlwind Envelops the White House, and the Revolving Door Spin” by Peter Baker (New York Times) for MSN

Florida: “Miami Beach Official Accepted Stays from Hotelier. Now Both Face Corruption Charges.” by Joey Flechas and David Ovalle for Miami Herald

Kentucky: “Kentucky Bill Seeks New Ethics Rules for KFC Yum! Center Board” by Marcus Green for WDRB

Legislative Issues

National: “She Was Naming Lawmakers Who Took Oil-and-Gas Money – So They Barred Her from the Public Hearing” by Avi Selk for Washington Post

Lobbying

Hawaii: “Development Lobbyist Failed to Register with Honolulu Ethics Commission” by Anita Hofschneider for Honolulu Civil Beat

Campaign Finance

Alaska: “Group Picks Alaska to Challenge Unlimited Campaign Donations” by Becky Bohrer (Associated Press) for Bristol Herald-Courier

Connecticut: “An Unlikely Rebuke of the General Assembly Over Election Laws” by Mark Pazniokas for Connecticut Mirror

Texas: “Anti-Abortion Group Deletes State Senator’s Video After Questions of Legality Raised” by Patrick Svitek and Jay Root for Texas Tribune

Ethics

National: “First-Class Travel Distinguishes Scott Pruitt’s EPA Tenure” by Juliet Eilperin and Brady Dennis for Washington Post

National: “#MeToo Movement Lawmaker Investigated for Sexual Misconduct Allegations” by Carla Marinucci for Politico

California: “California Legislative Staff Get Whistleblower Protections” by Kathleen Ronayne (Associated Press) for KPCC

Canada: “Ethics Czar Calls for Tougher Sanctions for Breaking Conflict of Interest Laws” by Beatrice Britnoff for iPolitics.ca

Oregon: “Kruse to Resign after Finding of Groping, Unwanted Touching at Oregon Capitol” by Gordon Friedman for Portland Oregonian

South Carolina: “Former S.C. House Majority Leader Rick Quinn Gets Probation in Misconduct Case” by Andrew Knapp and Glenn Smith for Charleston Post and Courier

Tennessee: “Mayor Megan Barry Affair: Ethics complaint alleges improper influence, prompts new probe” by Dave Boucher and Nate Rau for The Tennessean

Legislative Issues

Colorado: “If You Can Pay $250, Colorado Lawmakers May Let You Skip Security at State Capitol” by John Frank for Denver Post

Lobbying

Florida: “Scott Maddox Never Registered as Waste Pro Lobbyist” by Jeff Burlew for Tallahassee Democrat

North Dakota: “Amid Backlash, Gov. Burgum Reimburses Xcel Energy $37,000 for Super Bowl Tickets” by John Hageman for Grand Forks Herald

Oklahoma: “New Lobbying Rule Gets Mixed Review from Lawmakers and Those Who Try to Influence Them” by Barbara Hoberock for Tulsa World

South Carolina: “Utility Watchdog Asks SCANA and Dominion How Much They Are Spending on Lobbying, Advertising” by Andrew Brown for Charleston Post and Courier

Redistricting

Pennsylvania: “Pa. GOP Proposes a New Congressional Map. Democrats Say It’s Still Gerrymandered” by Liz Navratil, Jonathan Tamari, and Jonathan Lai for Pittsburgh Post-Gazette

Today, the Federal Election Commission (FEC) published its price index adjustments for expenditure limitations and the federal lobbyist bundling disclosure threshold.

The lobbyist bundling disclosure threshold has increased for 2018 from $17,900 to $18,200. 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.

Additionally, the FEC published its adjusted Coordinated Party Expenditure Limits for political parties for 2018.

Campaign Finance

Alaska: Group Picks Alaska to Challenge Unlimited Campaign Donations by Becky Bohrer (Associated Press) for Bristol Herald-Courier

Texas: Anti-Abortion Group Deletes State Senator’s Video After Questions of Legality Raised by Patrick Svitek and Jay Root for Texas Tribune

Ethics

California: California Legislative Staff Get Whistleblower Protections by Kathleen Ronayne (Associated Press) for KPCC

Canada: Ethics Czar Calls for Tougher Sanctions for Breaking Conflict of Interest Laws by Beatrice Britnoff for iPolitics.ca

Legislative Issues

Colorado: If You Can Pay $250, Colorado Lawmakers May Let You Skip Security at State Capitol by John Frank for Denver Post

Lobbying

Florida: Scott Maddox Never Registered as Waste Pro Lobbyist by Jeff Burlew for Tallahassee Democrat

North Dakota: Amid Backlash, Gov. Burgum Reimburses Xcel Energy $37,000 for Super Bowl Tickets by John Hageman for Grand Forks Herald

South Carolina: Utility Watchdog Asks SCANA and Dominion How Much They Are Spending on Lobbying, Advertising by Andrew Brown for Charleston Post and Courier

The Missouri Senate made changes to the lobbyist gift ban passed by the House last month. The bill must pass the Senate before returning to the House for debate.

The original version banned most gifts from lobbyists, while the Senate’s version allows officeholders to accept up to $40 of gifts per day. The amended bill would also allow officials to reimburse lobbyists for gifts exceeding $40 and permit lobbyists to cover a legislator’s constituent expenditures.

If a lawmaker accepts an event ticket from a lobbyist, however, the bill requires the lobbyist to attend the event with the lawmaker.

While the Senate’s version of the bill is less stringent than the House version, it is still considered a step towards ethics reform.

Current law permits elected officials to receive unlimited gifts of any value.