When we ended our three-ring, three volume publication—about 10 years ago—we had paper everywhere and Kinko’s was our best friend. Trust me, the Kinko’s in Fairlawn, Ohio had to have been the highest ranked store in the country with the amount of work we sent to the 24/7 shop.

Now, everything is on our website, www.stateandfed.com, and though we have far less paper and FedEx (formerly Kinko’s) is still in business but not really printing our updates; we have info…a lot of it.

I met with Research Manager Michael Beckett—as I do every year—to review what we included on our website and what is planned for the next year. Here is a brief list of items included to improve your ability to search for information:

1. Added question regarding gifts from lobbyist employers in both our Executive Source Guide on Lobbying and Procurement Lobbying;
2. Clarified whether federal PACs can contribute to state and local candidates in our Executive Source Guide on Political Contributions;
3. You will see additional information regarding a corporate PAC using payroll deductions to collect contributions;
4. We are now capturing social media regulations in the Grassroots section of both our Executive Source Guide on Lobbying and Procurement Lobbying; and
5. You will see we make sure we have indicated when the date the page was last modified.

And, there is more. The Research Department also:

1. Prepared the 2018 Guidebook so you were able to have it at the beginning of the year;
2. Prepared our Tip Sheet Ethics Implications for Expenditures at National Conferences and a second Tip Sheet on Grassroots Lobbying;
3. Published 549 blog posts on lobbycomply.com;
4. Transitioned to a new web-based database;
5. Prepared a guide on Inauguration activities in the states after the November 2017 elections;
6. Added the following new municipalities to the website: Bronx County, New York; Will County, Illinois; Laredo, Texas; Columbia Missouri; Dorchester County, Maryland; Irvine, California; and Coral Gables, Florida; and
7. Created from a blank piece of paper, the inaugural countries to European Compliance—Republic of Ireland; European Union; and United Kingdom.

What will they do in 2018?   Stay tuned for the April edition of Compliance Now.

In the meantime, let us know if you need assistance driving around our website. We would be happy to give you a tour.

Ethics

National: “Labor Board’s Do-Over Leaves an Obama-Era Rule Intact” by Noam Scheiber for New York Times

National: “‘I Do Like 3 Meetings a Day on That’: HUD official complained about effort to redecorate Carson’s office” by Jack Gillium and Juliet Eilperin for Washington Post

National: “White House Communications Director Hope Hicks to Resign” by Philip Parker and Ashley Parker for Washington Post

California: “A Tiny City with Huge Problems, Maywood Faces Its Biggest Scandal Yet” by Ruben Vives and Adam Elmahrek for Los Angeles Times

Colorado: “Colorado Rep. Steve Lebsock Faces Expulsion after 11 Sexual Harassment Allegations Against Him Are Deemed Credible” by John Frank and Jessie Paul for Denver Post

South Carolina: “In Angry Hearing, Special Prosecutor Asks Judge in Quinn Case to Quit” by John Monk for The State

Wisconsin: “State Elections Commission Chief Stepping Down Amid Criticism from Republicans” by Jason Stein for Milwaukee Journal Sentinel

Lobbying

National: “Exiting Trump Officials Get Tepid Response on Job Market” by Megan Wilson for The Hill

National: “Mercury Registers to Lobby for Turkish Group Linked to Flynn” by Theodoric Meyer for Politico

Virginia: “Female Lobbyist Calls Out Sexual Misconduct at Statehouse” by Marina Villeneuve (Associated Press) for Virginian-Pilot

The Georgia House of Representatives unanimously voted today to require lobbyists to sign an annual statement agreeing to abide by the General Assembly’s sexual harassment policy.

House Bill 973 would make signing this statement a condition to lobbyist registration, and violations of the policy would be grounds for sanctions.

The bill has not yet been assigned a committee in the Senate.

Sen. Del Marsh introduced an 119 page bill revising the Alabama Ethics Act.

Senate Bill 343 amends several definitions, including but not limited to, de minimus, lobbyist, principal, and thing of value. The bill would allow caucuses to solicit or receive meals and beverages from a lobbyist or principal.

Additionally, the bill would authorize the creation of a legal defense fund for a public official or public employee being investigated for a violation of ethics laws.

Campaign Finance

National: “Behind a Key Anti-Labor Case, a Web of Conservative Donors” by Noam Scheiber and Kenneth Vogel for New York Times

Elections

National: “The True Source of the N.R.A.’s Clout: Mobilization, not donations” by Eric Lipton and Alexander Burns for New York Times

National: “Coal Country Divides Over an Unrepentant Boss’s Senate Bid” by Trip Gabriel for New York Times

Ethics

Alabama: “Senate Bill Backed by AG Would Revise Alabama Ethics Laws” by Brian Lyman for Montgomery Advertiser

Maryland: “Maryland Senate Leader Strips Baltimore Sen. Nathaniel Oaks of Committee Jobs” by Erin Cox for Baltimore Sun

Missouri: “Missouri House Leader Names Committee to Investigate Greitens” by Jason Hancock for Kansas City Star

Oregon: “Receiving a Blanket Posed Ethical Quandary for Oregon Senator” by Andrew Selsky (Associated Press) for Portland Oregonian

Rhode Island: “Facing Threat of Expulsion, Sen. Kettle Quits” by Katherine Gregg and Patrick Anderson for Providence Journal

Lobbying

National: “European Ex-Officials Deny Being Paid by Manafort to Lobby for Ukraine” by Steven Erlanger and Jason Horowitz for New York Times

Oklahoma: “Step Up Campaign Highlights Gap in State Disclosure Laws” by Paul Monies and Trevor Browen (Oklahoma Watch) for Ada News

Campaign Finance

California: “L.A. Developer Is Charged with Making Illegal Campaign Donations” by David Zahniser and Emily Alpert Reyes for Los Angeles Times

Nebraska: “Proposal Would Tighten How Candidates Spend Unused Campaign Donations” by Chris Dunker for Lincoln Journal Star

New York: “In Spite of Executive Order, Cuomo Takes Campaign Money from State Appointees” by Shane Goldmacher, Brian Rosenthal, and Augustin Armendariz for New York Times

Ethics

National: “Former Trump Campaign Official Rick Gates Pleads Guilty to 2 Charges” by Devlin Barrett and Spencer Hsu (Washington Post) for Denver Post

Maryland: “Baltimore County School Board Says Verletta White Violated Ethics Rules” by Liz Bowie for Baltimore Sun

Utah: “Critics Question Utah Lawmakers’ Changes to Ethics Panel” by Michelle Price (Associated Press) for KSL

Virginia: “Va. Lawmakers’ Conflict-of-Interest Forms Won’t Be Public Until They Leave Town” by Patrick Wilson for Richmond Times Dispatch

Lobbying

National: “How Skadden, the Giant Law Firm, Got Entangled in the Mueller Investigation” by Kenneth Vogel and Matthew Goldstein for New York Times

West Virginia: “Justice Company Rep Has Unique Access to Capitol Among Lobbyists” by Jake Zuckerman for Charleston Gazette-Mail

In March, the Federal Election Commission (FEC) begins the process of moving from its current location in Washington, D.C. at 999 E Street, NW, to its new location at 1050 First Street, NE.

On March 19, the FEC will begin receiving mail at the new address, according the commission’s weekly digest published on its website on February 23. The FEC was originally scheduled to begin receiving mail at its new address on March 5, 2018, as published in the in the Federal Register on December 26.

The offices of the FEC have been located at 999 E Street since 1985.

Missouri Gov. Eric Greitens was indicted Thursday on a felony invasion of privacy charge related to the cover-up of an extramarital affair.

Although he admits to having the affair, Greitens denies any criminal action and plans to remain in office. However, he will no longer serve on the executive committee of the Republican Governors Association and did not attend the National Governors Association’s annual meeting last weekend in Washington, D.C.

Several lawmakers, including those from his own party, are calling on Greitens to resign; some propose impeachment proceedings if he does not step down.

Campaign Finance

Arizona: Debbie Lesko Accused of Moving $50K from Campaign to a PAC That Backs … Lesko by Ronald Hanson for Arizona Republic

Tennessee: Complaints Question Harwell’s PAC Help, $3.1m Self-Loan by Jonathan Matisse (Associated Press) for Raleigh News and Observer

Elections

National: Citing Costs, Some GOP Governors Refuse to Hold Special Elections by Alan Greenblatt for Governing

Ethics

California: California Senator Resigns Amid Harassment Allegations by Taryn Luna for Sacramento Bee

Rhode Island: R.I. Senate President Introduces Resolution to Expel Member Accused of Extorting Sex, Video Voyeurism by Katherine Gregg and Patrick Anderson for Providence Journal

Texas: Prosecutors Reviewing Complaint Against Empower Texans Over Attack Ad Resembling Government Notice by Jay Root for Texas Tribune

Lobbying

Missouri: Gov. Greitens Indicted for Felony Invasion of Privacy Stemming from Affair by Jason Hancock, Bryan Lowry, and Lindsay Wise for Kansas City Star

Texas: Murphy’s Contract Raises Eyebrows, Questions: Is he lobbying? by Steve Miller for Texas Monitor

A bill introduced this month in the U.S. House of Representatives would require presidential inaugural committees to file disbursement reports with the Federal Election Commission. The initial report would be due 90 days after the date of the presidential inaugural ceremony, with subsequent reports due not later than 60 days after each date by which the committee makes disbursements in an aggregate amount of $100,000 or more.

House Resolution 5008 also prohibits committees from disbursing funds for purposes unrelated to the inauguration of the president. If any leftover funds of the committee remain available at the time of the termination of the committee, the committee must donate those funds to a 501(c)(3) of its choice.

Rep. Kurt Schrader, who introduced the legislation, said in a press release, “We have laws that regulate campaign finance and political action committees. But there is nothing on the books to dictate how money for the presidential inaugural committee, which is raised under the name of the president of the United States, can or cannot be spent. That’s wildly unacceptable.”

National:

Sexual Misconduct Spurs New Elections: The #MeToo race
New York Times – Trip Gabriel and Jess Bidgood | Published: 2/20/2018

Allegations of sexual misconduct led to resignations by nearly a dozen state and federal lawmakers in recent months, setting off a flurry of special elections around the country to fill seats suddenly left open by the #MeToo reckoning. Yet the candidates running to replace these disgraced men, many of whom are women, are hesitating to put sexual harassment front and center as an issue in their campaigns. In at least eight state legislative and two congressional races, including special elections in Minnesota and Oklahoma that were held recently, the subject has rarely been mentioned in advertisements, rallies, or when knocking on doors.

State Officials Say They Are Told Too Little About Election Threats
New York Times – Michael Wines | Published: 2/19/2018

State elections officials said they want more information from federal officials to ensure they are protected from cybersecurity threats in light of evidence that foreign operatives plan to try to interfere in the midterm elections. At a conference of secretaries of state, several officials said the government was slow to share information about specific threats faced by states during the 2016 election. According to the Department of Homeland Security, Russian government hackers tried to gain access to voter registration files or public election sites in 21 states. Although the hackers are not believed to have manipulated or removed data from state systems, experts worry that the attackers might be more successful this year.

With Grief and Hope, Florida Students Take Gun Control Fight on the Road
New York Times – Brendan Farrington, Josh Replogle, and Tamara Lush (Associated Press) | Published: 2/21/2018

Students in the vanguard of protests are giving gun-safety advocates fresh hope that the violence at Marjory Stoneman Douglas High School, and the widespread response to it among youths, could create new momentum across the country to enact restrictions on firearms. But these students are also attracting political attacks from advocates for gun rights. And established groups, demoralized after a string of shootings that have prompted no political response, are aware of how quickly such a moment can fade. For now, however, there is momentum on the issue.

Federal:

K Street Reinvents Itself in the Era of Trump
Roll Call – Kate Ackley | Published: 2/15/2018

Political upheaval, partisan stalemate on Capitol Hill, and technological innovations have all disrupted and transformed the $4 billion-a-year federal lobbying business. But the Donald Trump presidency, the GOP-controlled Congress, and a resulting surge of grassroots resistance have catapulted the lobbying sector into uncertain, though still lucrative, terrain. Lobbyists increasingly are adapting their methods to harness the power of social media campaigns amid the president’s atypical style of governing, which often includes policy proclamations via tweet. Trump’s administration has intensified changes to the lobbying industry that were underway well before he launched his run for office.

From the States and Municipalities:

Arizona – Kelli Ward Touts Endorsement from Fake-News Site
Politico – Jason Schwartz and Shawn Musgrave | Published: 2/15/2018

Kelli Ward posted a link on her campaign website and blasted out a Facebook post, quoting extensively from a column in the Arizona Monitor that endorsed her to replace U.S. Sen. Jeff Flake. But despite its reputable sounding name, the Arizona Monitor is not a real news site. It is an anonymous, pro-Ward blog. The site launched just a few weeks before publishing the endorsement. It seems to be part of a growing trend of conservative political-messaging sites with names that mimic those of mainstream news organizations, and whose favored candidates then tout their stories and endorsements as if they were from independent journalists.

Delaware – Lobbyists No Longer Have a Dedicated Room in Legislative Hall
Wilmington News Journal – Scott Gross | Published: 2/15/2018

State Senate President Pro Tempore David McBride said he has given up on his hope that Delaware’s 300-plus registered lobbyists would hang out in a conference room rather than the hallways of the Capitol. The door to the second-floor room was closed and locked for the first time since McBride first invited lobbyists to use the space in January. At the time, he dismissed questions about the optics of providing a dedicated space for professional lobbyists, noting reporters have long used a room in the basement of Legislative Hall.

District of Columbia – D.C. Public Schools Leader to Resign After Skirting School Assignment Rules
Washington Post – Perry Stein, Peter Jamison, and Fenit Nirappil | Published: 2/20/2018

Antwan Wilson, chancellor of the District of Columbia’s public schools, resigned after it was revealed he skirted the city’s competitive lottery system so his daughter could transfer to a high-performing school. Wilson had overhauled lottery system rules months before he broke them to benefit his daughter. Parents and politicians said Wilson had forfeited the public’s trust. His departure delivers a political blow to Mayor Muriel Bowser, whose selection of Wilson was one of the most important and high-profile appointments of her tenure.

New York – Citizens United Can’t Hide Donor Lists from NY
Courthouse News Service – Nick Rummell | Published: 2/15/2018

New York may require the public disclosure of donors who give more than $5,000 to nonprofits in the state, an appeals court said. Citizens United sued New York in 2014, saying the rule infringed upon its First Amendment rights and its donors could face public backlash if their support was disclosed. The appeals court upheld a lower-court ruling saying the regulations are “substantially related to the important interest in keeping non-profit organizations honest” and do not wrongly “chill the speech” of Citizens United or its donors.

New York – How Albany Really Works: Cuomo loyalist exposes pay-to-play culture
New York Times – Shane Goldmacher | Published: 2/16/2018

Former lobbyist Todd Howe testified for two weeks in a corruption trail that has rocked Albany. The story that Howe has unfurled included tales of six-figure campaign contributions to New York Gov. Andrew Cuomo, made from a company with business before the state, that were purposefully divided up to hide their origin. There were private plane trips, courtesy of Howe’s clients, for Cuomo days before his first election – as well as a deep-sea fishing expedition for his campaign manager. Joseph Percoco, formerly one of Cuomo’s most-trusted aides, is on trial, along with three co-conspirators in two bribery and corruption schemes. Cuomo has not been accused of any wrongdoing, but the courtroom drama has served as a stinging indictment of Albany as a city where money talks and Cuomo administration officials have listened.

North Carolina – Conspiracy Theories, Criminal Investigations Plentiful in NC Bail Bonds World
WRAL – Travis Fain | Published: 2/17/2018

Attorney Mark Bibbs and a pair of clients in the bail industry have been indicted, accused of lobbying the North Carolina Legislature without filing the proper paperwork and covering it up. The secretary of state’s office and the Wake County district attorney say Bibbs falsified records to make lobbying payments look like legal fees and the clients cooperated in the scheme. Some Democrats have suggested House Speaker Tim Moore tried to interfere in Secretary of State Elaine Marshal’s investigation of Bibbs; Moore and Bibbs are close friends. Republicans also passed legislation to move lobbying enforcement out of Marshall’s office as part of broader reforms. The secretary of state’s office sent legislative leadership a letter, pointing to the indictments as a reason to leave lobbying enforcement with the office instead of shifting it to the state’s new Board of Elections & Ethics Enforcement as planned.

Oregon – John Kitzhaber Could Face Up to $50,000 in Fines for Ethics Violations
Portland Oregonian – Hillary Borrud | Published: 2/17/2018

The Oregon Government Ethics Commission said former Gov. John Kitzhaber violated state laws against conflicts-of-interest, misused his office for financial gain, and improperly received a gift. The scandal ended Kitzhaber’s long political career. He resigned in 2015 just over a month into his fourth term amid accusations of influence peddling involving his fiancée, Cylvia Hayes. In January, the commission found Hayes violated a law against public officials misusing their public positions for personal financial gain. Kitzhaber has 21 days after being formally notified of the vote to say whether he will contest the ruling. The maximum fine for each violation is $5,000, meaning the commission could penalize Kitzhaber up to a total of $50,000.

Pennsylvania – Pa. Supreme Court Releases New Congressional Map
Pittsburghh Post-Gazette – Jonathan Lai and Liz Navratil | Published: 2/19/2018

The Pennsylvania Supreme Court released a new congressional map after the previous district lines were found to be a result of unconstitutional gerrymandering from Republicans. The new map is set to go into effect in time for the state’s May 15 primaries. It leaves voters, current representatives, and potential candidates with little time to figure out their districting before the deadline hits for those running in elections to declare their candidacy. Republicans are expected to challenge the decision from the Supreme Court, saying only lawmakers and governors hold the authority to redraw congressional maps, rather than the courts.

South Carolina – After Quinn’s Probation, Shock, Dismay, Joy and Wondering: What’s next?
The State – John Monk | Published: 2/16/2018

Watchdogs say it is sad that years of accusations against South Carolina Rep. Rick Quinn and his father’s consulting business ended with such a whimper. Beyond two years of probation, Rick Quinn was sentenced to community service and a fine of $1,000 after pleading guilty to one misdemeanor count of misconduct in office. Under a package deal, all charges were dropped against his father, Richard Quinn. His consulting firm instead pleaded guilty to failing to register as a lobbyist. “This slap is near the wrist but not even on it,” said John Freeman, the University of South Carolina law school’s professor emeritus on professional ethics.

South Carolina – S.C. Lawmakers Call for Law Enforcement Probe of Bogus Pro-Utility Emails
Charleston Post and Courier – Andrew Brown | Published: 2/19/2018

South Carolina lawmakers have received a barrage of form emails from constituents in recent days urging them to avoid passing laws they say could defeat a proposed sale of SCANA Corp. to Dominion Energy. But some of the people who supposedly sent the emails say they were impersonated. It is unclear who is behind the fraudulent emails as Dominion, SCANA, and the outside group that crafted the messages say they do not know why they are being sent from South Carolina residents without their knowledge. Law enforcement officials are likely to open an investigation into the matter.

Tennessee – How $225,000 Can Help Secure a Pollution Loophole at Trump’s E.P.A.
New York Times – Eric Lipton | Published: 2/15/2018

The big rigs sold by the Fitzgerald family’s truck dealership in central Tennessee are equipped with rebuilt diesel engines that do not need to comply with rules on modern emissions controls. That makes them cheaper to operate, but means they emit up to 55 times the air pollution of other new trucks. The special treatment is made possible by a loophole in federal law that the Obama administration tried to close, and the Trump administration is now championing. The survival of this loophole is a story of money, politics, and suspected academic misconduct, and has been facilitated by Scott Pruitt, the administrator of the Environmental Protection Agency, who has staked out positions in environmental fights that benefit the Trump administration’s corporate backers.

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.

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.

South Dakota Gov. Dennis Daugaard signed a bill into law expanding campaign finance disclosure requirements.

House Bill 1003 requires candidates and committees to itemize any contribution received from an entity.

An entity includes corporations, labor unions, and non-profits, as well as other associations not a natural person or political committee.

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