According to the memorandum filed in the U.S. District Court for the Middle District of Alabama, the Alabama Ethics Commission has agreed existing Alabama law permits lobbyists to satisfy the ethics training requirement if they participate in live training sessions on their computer, even if not physically present.

Additionally, reasonable accommodations will be made for those persons with a legitimate conflict during the time and date that live streaming is made available.

The commission will begin live streaming by May of 2017.

The commission has yet to publicly release a statement.

Gov. Kay Ivey moved the U.S. Senate seat special election from November 6, 2018, to December 12, 2017. The special election is needed to fill the U.S. Senate seat formerly held by U.S. Attorney Gen. Jeff Sessions.

Former Gov. Robert Bentley appointed Luther Strange to fill the vacancy and scheduled the election for 2018, allowing Strange to serve as an incumbent for 22 months.

Ivey changed the date of the election to better follow Alabama law, which clearly states a special election may only be delayed until the next regular election if the senate vacancy occurred within four months of the next regular election.

The special primary will now be held on August 15, 2017, with a special runoff on September 26, 2017. The special general is scheduled for December 12, 2017.

Lobbying

“Corporate Lobbyists Funnel Cash to House Democrats Amid Push to Pass Trump’s Business Initiatives” by Andrew Perez (MapLight) and David Sirota for International Business Times

Campaign Finance

“The $1 Million Upside for an RNC Digital Guru” by Shane Goldmacher for Politico

Alabama: “Donors to Former Gov. Bentley’s ‘Dark Money’ Group Still a Mystery” by Kent Faulk for AL.com

Ethics

“Watchdog Group Expands Lawsuit Against Trump” by Sharon LaFraniere for New York Times

Florida: “Florida House Speaker: Push for tougher ethics laws dead” by Gary Fineout (Associated Press) for San Louis Obispo Tribune

Michigan: “Macomb Co. Clerk Has Aide Call 911: Reporters harassing me” by Christina Hall for Detroit Free Press

New York: “Cuomo Promotes Chief of Staff, Melissa DeRosa, to Be His Secretary” by Lisa Foderaro for New York Times

Legislative Issues

Alaska: “Here’s Why Alaska Legislators, Staffers and Lobbyists Are Listening to Wu-Tang Clan” by Nathaniel Herz for Alaska Dispatch News

Procurement

California: “Costs Soar After Huntington Park Picks Politically Connected Firm to Provide Bus Service” by Adam Elmahrek for Los Angeles Times

The Alaska Legislature will remain in session despite its April 17 deadline, with lawmakers still working to pass a budget bill and other deficit reduction measures.

A voter initiative passed in 2006 limits the legislative session to 90 days, but legislators often continue after the deadline and follow the constitutional deadline of 121 days.

If more time is needed after the constitutional deadline, a special session would need to be convened.

On April 13, Gov. Jim Justice vetoed the budget bill passed by West Virginia lawmakers.

In the latest stunt in the contentious battle among lawmakers on how to address West Virginia’s $500 million budget shortfall, Justice held a press conference to announce the veto complete with props including a platter of bull excrement.

The fiscal year begins July 1 and a special session to pass a budget bill would need to be held prior to that date or the state government will face a shut down.

The special session is expected to be called sometime in late April or early May.

Lawmakers are considering a bill to move up California’s presidential primary election date.

Senate Bill 568 seeks to move the presidential primary date from the first Tuesday in June to the third Tuesday in March.

The move is aimed at getting presidential candidates to prioritize issues important to Californians during the primary process.

Senate Bill 568 would also move up primary elections in statewide office and legislative races to help eliminate potential voter confusion from multiple election dates.

Elizabeth Bartz had a surprise visitor stop by our office. ADaM, the mascot for the Summit County ADM Board, came by to say ‘Thank You!’ for her donation to the annual ADM Recovery Challenge.

State and Federal Communications is proud to contribute to the ADM Board, and we are committed to their dedicated efforts to those individuals most in need in Summit County.

Learn how you can get involved on the Challenge’s Facebook page or at www.admboard.org.

Campaign Finance

“Bipartisan Bill Would Restructure FEC to End Gridlock” by Kenneth Doyle for Bloomberg BNA

District of Columbia: “More Contributions to D.C. Council Member Cannot Be Tracked to Source” by Aaron Davis for Washington Post

Ethics

“With Trump Appointees, a Raft of Potential Conflicts and ‘No Transparency’” by Eric Lipton, Ben Protess, and Andrew Lehren for New York Times

Alabama: “Judicial Ethics Complaint Filed Against Judge Who Ordered Halt to Bentley Impeachment Hearing” by Kent Faulk for AL.com

California: “Oakland Ethics Panel Slams Lax Oversight of Free Warriors, Raiders and A’s Tickets” by Mark Hedin for East Bay Times

Legislative Issues

Nevada: “Republican Lawmaker Spent Two Weeks as ‘Legislative Advocate’ for Business Group” by Riley Snyder for Nevada Independent

Lobbying

Illinois: “Emanuel Still Fielding Emails on City Matters Via Private Account” by Fran Spielman for Chicago Sun-Times

Missouri: “Decrease in Lobbyists’ Gifts Hasn’t Limited Influence at the Missouri Capitol” by Sky Chadd for Columbia Missourian

Tech and Social Media

“Social Media Is Not Contributing Significantly to Political Polarization, Paper Says” by Jonah Engel Bromwich for New York Times

Lobbying

“Former Trump Campaign Chairman to Register as Foreign Agent” by Jeff Horwitz, Chad Day, and Julie Pace (Associated Press) for ABC News

“United Airlines Spent Millions Fighting Proposals to Protect Passenger Rights” by Frank Bass (MapLight) and David Sirota for International Business Times

Missouri: “Ethics 101: What defines a lobbyist in Missouri?” by Jennifer Moore for KSMU

Pennsylvania: “Environmental Group Fined by State Ethics Commission” by Marie Cusik for StateImpact Pennsylvania

Campaign Finance

Colorado: “In Colorado, Lawmakers Clash Over a Dark Money Loophole” by Corey Hutchins for Colorado Independent

New Jersey: “2 Birdsall Execs Admit Roles in $1M Pay-to-Play Scheme” by S.J. Sullivan (NJ Advance Media) for Newark Star-Ledger

Ethics

“Trump Administration Won’t Release White House Visitor Logs” by Jordan Fabian for Roll Call

“Trump Organization Drops Plans for Dallas Hotel with ‘Turkish Trump’” by Ben Protess and Steve Eder for New York Times

Alabama: “For Alabama Christians, Governor Bentley’s Downfall Is a Bitter Blow” by Alan Blinder for New York Times

Minnesota: “Minnesota Ballpark Authority Limits Use of Publicly Owned Target Field Suite to Charities” by Rochelle Olson for Minneapolis Star Tribune

North Carolina: “Veto Fight Ahead Over Elections Board Rewrite” by Laura Leslie and Michael Burns for WRAL

Pennsylvania: “Former Top Aide to Rendell Gets Probation in Pay-to-Play Probe” by Jeremy Roebuck for Philadelphia Inquirer

Texas: “Top Liquor Regulator Got ‘Hazardous Duty’ Pay on Hawaii Junket” by Jay Root for Texas Tribune

Elections

Arizona: “Senate Republicans Pass Bill Targeting Arizona Initiatives” by Bob Christie (Associated Press) for U.S. News & World Report

Legislative Issues

Alabama: “Bill: Legislature could compel impeachment testimony” by Brian Lyman for Montgomery Advertisor

Iowa: “Iowa to Become Latest State to Allow Guns in Its Capitol” by Barbara Rodriguez (Associated Press) for Des Moines Register

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

Federal:

Can Democrats Cuss Their Way Back to the White House?
McClatchy DC – Alex Roarty | Published: 4/11/2017

After voters rewarded Donald Trump despite – or perhaps because of – his plain, often expletive-prone rhetoric, Democrats are suddenly quite eager to adopt the language of America’s president. From the party’s new chairperson to a senator many believe will run for the White House in 2020, Democrats are letting loose four-letter words in public speeches and interviews, causing a small stir, at least in political circles, where swearing in public is usually off limits.

FBI Obtained FISA Warrant to Monitor Trump Adviser Carter Page
Washington Post – Ellen Nakashima, Devlin Barrett, and Adam Entous | Published: 4/11/2017

The FBI obtained a warrant to secretly surveil former Donald Trump aide Carter Page last summer under the Foreign Intelligence Surveillance Act. The FBI and Justice Department demonstrated probable cause that Page is acting on behalf of a foreign state to be granted the warrant. This is the clearest evidence so far the FBI had reason to believe during the 2016 presidential campaign that a Trump campaign adviser was in touch with Russian agents. Such contacts are now at the center of a probe into whether the campaign coordinated with the Russian government to swing the election in Trump’s favor. Page has not been accused of any crimes, and it is unclear whether the Justice Department might later seek charges against him or others.

Foreign Influence in the U.S. Cloaked in Unnecessary Obscurity, Watchdog Groups Say
Roll Call – Stephanie Akin | Published: 4/12/2017

The U.S. has required American citizens who lobby on behalf of foreign governments to register with the Department of Justice since 1938. Registrants are supposed to periodically update the government about their activities, including the materials they have distributed, meetings they have attended, and the payments they have received. The result is a large volume of paperwork that, if properly collected and maintained, could provide a window into the attempts of foreign governments to influence American lawmakers. But the technology the government uses to catalogue and store the data is so outdated that it is next to impossible to quickly find the answers to many basic questions, according to nonprofit groups familiar with the database.

Trump’s Trademark Continues Its March Across the Globe, Raising Eyebrows
New York Times – Sharon LaFraniere and Danny Hakim | Published: 4/11/2017

For most of last year, Donald Trump’s application to register trademarks for his brand of home accessories languished in a government office in Lima, Peru. But since he was elected in November, the pace has picked up. Peruvian officials say they are treating Trump’s trademark applications like anyone else’s and are acting on them now simply because his business representatives have answered outstanding questions. But to a team of constitutional lawyers, the pending Peruvian petitions are emblematic of the legal and moral perils in Trump’s continued ownership of his business empire. In a federal lawsuit that has set up a high-stakes legal battle with the administration, they argue the Constitution prohibits the president from accepting any economic benefit, including trademark approvals, from foreign governments.

From the States and Municipalities:

Alabama – Alabama Governor Resigns, Pleads Guilty to Charges Tied to Allegations He Tried to Cover Up Affair with a Top Aide
Washington Post – Amber Phillips | Published: 4/10/2017

Alabama Gov. Robert Bentley resigned rather than face impeachment and pleaded guilty to two misdemeanor campaign violations that arose during an investigation of his alleged affair with a top aide. The plea agreement specified he must surrender campaign funds totaling nearly $37,000 and perform 100 hours of community service as a physician. Bentley also cannot seek public office again. Bentley was first engulfed in scandal last year after recordings surfaced of him making sexually charged comments to Rebekah Mason. A House Judiciary Committee report said Bentley encouraged an “atmosphere of intimidation” to keep the story under wraps and directed law enforcement officers to track down and seize the recordings.

Massachusetts – Massachusetts Judge Upholds Ban on Corporate Contributions to Politicians
MassLive.com – Shira Schoenberg | Published: 4/6/2017

A Massachusetts law banning corporations from making political donations survived a legal challenge on when a judge ruled against two local business owners seeking to overturn the restriction. Superior Court Judge Paul Wilson found the law does not unconstitutionally discriminate against a business’s right to free speech or equal protection. He also ruled the Office of Campaign and Political Finance successfully showed the law treating unions and corporations differently “serves the anti-corruption interest” used by the state as justification for the law.

Mississippi – Bryant Signs Campaign Finance Reform into Law
Jackson Clarion-Ledger – Geoff Pender | Published: 4/11/2017

Legislation that would prohibit politicians from using their campaign finance funds for personal use was signed into law by Mississippi Gov. Phil Bryant. The new law comes after an ongoing investigative report by The Jackson Clarion-Ledger that illustrated how the state’s lax campaign finance laws and nearly nonexistent enforcement had created a tax-free second income for many Mississippi politicians, mostly funded by special interests.

Missouri – Ferguson Re-Elects White Mayor 2 Years After Mike Brown Incident
New York Times – John Eligon | Published: 4/5/2017

Although much of the activism for racial justice today stems from the killing of Michael Brown by a white police officer in Ferguson, Missouri, voters in the town re-elected James Knowles III, a white Republican who has been the object of much scorn among those who believe the city has discriminated against black people. About 67 percent of the city’s 21,000 residents are black, and 29 percent are white. Some activists are now assessing what is happening politically for black people and whether there needs to be a complete rethinking of how they engage with mainstream politics.

Nevada – What Is a Conflict of Interest? Lawsuit against Reno Lawmaker Might Decide.
Reno Gazette-Journal – Seth Richardson | Published: 4/8/2017

State Sen. Heidi Gansert works for the University of Nevada, Reno as executive director of external relations, Gansert’s focus is on economic development for the university. The Nevada Policy Research Institute (NPRI) filed a lawsuit that argues her job presents a conflict-of-interest to her role as a state senator. As a university employee, Gansert is a part of the Nevada System of Higher Education in the executive branch. As an elected lawmaker, she is serving in the legislative branch and votes will come up on a variety of higher education bills. Gansert’s case is not isolated and illustrates the sometimes precarious positions of lawmakers professional careers and public service. With Nevada’s citizen legislature, lawmakers almost always have an outside job. Sometimes, those two lives can seem at odds with each other.

New Jersey – N.J. Election Watchdog: State needs pay-to-play reform
Bergen Record – Nicholas Pugliese | Published: 4/6/2017

Political contributions made by New Jersey’s public contractors declined in 2016 for the third year in a row, but the Election Law Enforcement Commission (ELEC) remains concerned about the rise of PACs and issue-advocacy groups that are not subject to “pay-to-play” restrictions and disclosure requirements. New Jersey law generally bars any company with a contract worth more than $17,500 from giving more than $300 to gubernatorial candidates and party fundraising committees. Any contractor that gives money must disclose that to the ELEC.

New Mexico – Governor Vetoes Campaign Finance Reform
New Mexico In Depth – Trip Jennings | Published: 4/7/2017

New Mexico Gov. Susana Martinez vetoed legislation that would have required greater public disclosure by those who spend big money in campaigns. Senate Bill 96 would have updated the law to address the proliferation of unlimited election fundraising and spending by independent groups since a 2010 U.S. Supreme Court decision. It would have required any groups making independent campaign expenditures before primary or general elections to report the source of their money. The bill also would have doubled campaign contribution limits for lawmakers.

New Mexico – Martinez Vetoes Bill to Close Lobbyist Loophole
New Mexico In Depth – Sandra Fish | Published: 4/6/2017

New Mexico Gov. Susana Martinez vetoed legislation that aimed to close a loophole in the state’s lobbying law that was created last year. Because of the veto, lobbyists will not need to report expenses on lawmakers and other public officials under $100, as they did prior to the current law taking effect. The bill’s sponsor, Sen. Daniel Ivey-Soto, said Martinez told him it was unclear if Senate Bill 393 required aggregate reporting of all expenses less than $100 or specific reporting of every expense once a $100 threshold was reached.

New York – On Ethics, Cuomo Budget Entered Like a Lion and Emerged Like a Lamb
New York Times – Lisa Foderaro | Published: 4/11/2017

Despite the recent convictions of the leaders of both the Assembly and the Senate, and indictments against some of New York Gov. Andrew Cuomo’s own associates, state lawmakers failed to take up a raft of ethics proposals included in the governor’s executive budget. Their absence in a $153 billion budget, which included a roster of contentious items, left watchdog organizations, academics who study Albany, and even some legislators doing a collective tsk-tsk. Some blamed the Senate for putting up the most resistance to reforms; others criticized Cuomo for not making them a priority.

Oklahoma – LGBTQ Group’s Capitol Visit Prompts Mass Email About ‘Cross-Dressers in the Building’
Tulsa World – Randy Krehbiel | Published: 4/10/2017

An email telling teenage pages that “there are cross-dressers in the building” caused a furor in the Oklahoma Capitol. The email, by a House staffer who oversees the page program, was apparently prompted by the visit of about 70 LGBTQ students from the Tulsa area who were lobbying mostly on behalf of HIV awareness and education funding and support. Their presence prompted Karen Kipgen, supervisor of the page program, to arrange for pages to use private staff and member restrooms. Kipgen also sent a mass email saying “As per the Speaker’s office, Pages are being allowed access to the ladies restroom across from 401, for today. Again, there are cross-dressers in the building.”

Oklahoma – State Officials Disclosing Fewer Facts Than Ever About Their Personal Finances
Oklahoma Watchdog – Molly Bryant | Published: 4/8/2017

Each year, Oklahoma legislators and statewide elected officials must report details about their personal finances to alert the public to potential conflicts-of-interest. This year, however, they generally will be asked to report fewer facts than ever – that is, since the disclosure rules were approved in 1994. The Oklahoma Ethics Commission has revised the disclosure form and slashed the number of state employees required to file it, from nearly 6,000 to 362. Those who must file do not have to reveal as many potential sources of income outside of their state jobs. Unlike before, they also do not have to disclose all contracts they have with a state agency or all income-producing relationships with registered lobbyists.

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.

Former Attorney General Peggy Lautenschlager is stepping down from her post as chair of the Wisconsin Ethics Commission.

In her resignation letter, she claims circumstances exist mitigating her ability to continue serving on the commission.

Lautenschlager is the second commissioner to resign since the commission was formed last year.

State and Federal Communications, Inc. has released a new white paper on The Foreign Corrupt Practices Act (FCPA) authored by Research Associate George Ticoras.

Legal compliance with all the rules and regulations is always important to the broad network of government relations professionals, companies, and organizations we serve. We prepared this white paper to explain the purpose of the FCPA as an anti-bribery statute, and to provide background on preventing the bribery of governmental officials of foreign nations by individuals and entities under the jurisdiction of the United States.

The purpose of the FCPA is to prohibit giving a payment of any money or other thing of value to a foreign official for purposes of influencing the official to act in a corrupt manner in order to obtain or retain business. The corrupt action could be an unlawful act or behavior made to secure an unfair advantage for the donor. The FCPA was enacted in 1977 and is enforced by the Securities and Exchange Commission (SEC).

FCPA enforcement continues to be a high priority area for the SEC. Violations can lead to substantial punitive actions including civil and criminal enforcement actions against issuers and their officers, directors, employees, stockholders, and agents. The growing frequency of settlements, non-prosecution agreements, oversight, and self-reporting make understanding the depth of the FCPA’s impact on corporate business increasingly apparent and important.

The State and Federal Communications white paper of the FCPA is useful for all practitioners and government relations professionals involved in international business and compliance.

To obtain a free copy of the white paper, visit State and Federal Communications to access a PDF.