Today, the staff of State and Federal Communications are wearing red in honor of National Wear Red Day.  We want to do our part to raise awareness for the cause of heart health.

State and Federal Communications is proud to be a sponsor of a number of programs with the Akron Heart Association.

National:

Fatigued by the News? Experts Suggest How to Adjust Your Media Diet
New York Times – Christopher Mele | Published: 2/1/2017

Some say it feels as if we are living inside a blizzard of news, with information constantly bombarding us. The result is a fatigue about the headlines – lately about politics – that has prompted some people to withdraw from the news, or curb their consumption of it. Experts said they had not seen data to conclude that consumers had changed their habits to protect their mental health, but added that the news ecosystem had changed drastically over the past five years, accelerating the sense of information overload. “Journalists … should be more involved in managing the insane flow of information and misinformation; it would be better if we had an approach that said, ‘Calm down,'” said media professor Dan Gillmor.

Federal:

Resistance from Within: Federal workers push back against Trump
Washington Post – Juliet Eilperin, Lisa Rein, and Marc Fisher | Published: 1/31/2017

The signs of popular dissent from President Trump’s opening volley of actions have been plain to see on the nation’s streets, at airports in the aftermath of his refu­gee and visa ban, and in the outrage on social media. But there is another level of resistance to the new president that is less visible and potentially more troublesome to the administration: a growing wave of opposition from the federal workers charged with implementing any new president’s agenda. Federal workers are in regular consultation with recently departed Obama-era political appointees about what they can do to push back against the new president’s initiatives. Some federal employees have set up social media accounts to anonymously leak word of changes that Trump appointees are trying to make. And a few government workers are pushing back more openly.

Trump Ethics Rules Curtail Lobbyists, While Also Loosening Some Obama Restrictions
Washington Post – Matea Gold | Published: 1/28/2017

President Trump signed an executive order that strengthens certain restrictions on lobbying that had been adopted under President Obama, while weakening others. Executive branch employees, including those in the White House, will now be barred for five years after they leave government from lobbying the federal agency where they worked. Under Obama, they had to wait until the end of the administration, meaning a shorter ban for some departing officials. Former executive branch officials will now also be permanently banned from serving as foreign lobbyists.

Trump’s Campaign Paid His Businesses Millions Over Course of Campaign
Politico – Kenneth Vogel | Published: 2/1/2017

President Trump’s campaign spent a total of $12.7 million at businesses run by him and his family members over the course of the 2016 presidential election. The largest sums went to Trump’s airline, TAG Air, which received $8.7 million as Trump used his own jet to fly around the country. Another $2 million went to Trump Tower, the skyscraper that housed his campaign headquarters. The spending at Trump properties, which continued after he won the election, underscores how much he was willing to mingle his political and business operations, from buying meals at his own Trump Grill to renting space at his own golf clubs.

White House Says LGBT Protections for Federal Workers Will Remain
Washington Post – Juliet Eilperin and Sandhya Somashekhar | Published: 1/30/2017

An executive order protecting federal employees from anti-LGBTQ discrimination that was first signed in 2014 by President Barack Obama will continue under President Donald Trump, the White House said. Obama’s order expanded protections in federal hiring, which already barred discrimination on the basis of sexual orientation, to also include gender identity. And it required all companies doing business with the federal government to have explicit policies barring discrimination against gay and transgender workers. It applies to 24,000 companies that collectively employed about 28 million workers, representing about a fifth of the U.S. workforce.

From the States and Municipalities:

Alaska – Is It Time for a Lobbyist Union? Juneau Representative Proposes 2.5 Percent Industry Tax
Alaska Dispatch News – Nathaniel Herz | Published: 1/31/2017

Alaska Rep. Sam Kito introduced an income tax bill recently, but only for lobbyists. House Bill 91 would levy a two-and-one-half percent income tax on the annual earnings of legislative lobbyists. The measure would replace the state’s current $250 registration fee. Kito said the money raised from the tax will support the Alaska Public Offices Commission, which oversees the activity of candidates and lobbyists. He said the Legislature’s Division of Legal Services has not raised any concerns about directing the income tax at a specific group of Alaskans. The bill also calls for a $100 registration fee from anyone running for political office.

Arizona – How The Wrong Letterhead Exposed Phoenix’s Toothless Lobbying Rules
Arizona Republic – Rob O’Dell and Dustin Gardner | Published: 1/31/2017

A Phoenix law firm did not properly register as a lobbyist with the city for two years, and recently filed falsely dated documents that made it appear the firm had followed the law, according to City Attorney Brad Holm. Even though Holm determined Burch & Cracchiolo was not properly registered, he said the city cannot not take action against anyone who violates the lobbyist registration ordinance. Holm said that is because much of the lobbyist ordinance lacks an “enforcement mechanism,” a conclusion reached by the city’s law department recently.

California – Spending on Lobbying in California Tops $309 Million, the Second-Highest Amount Ever Recorded in the State
Los Angeles Times – Patrick McGreevy | Published: 2/1/2017

Interest groups spent $309 million on lobbying government officials in California last year, with the oil industry, environmental organizations, labor unions, and the health industry pouring the greatest amounts into legislative and regulatory battles. It is the second time in the state’s history that more than $300 million has been spent in a year, just short of the record $314 million paid out for lobbying in 2015. Seeing such large amounts spent by wealthy interests is a concern, public advocates say, because it reflects an effort to exert heavy influence on government officials that average citizens may not be able to match.

Massachusetts
Slots Ballot Question Backers Fines $125,000 for Campaign Finance
Boston Globe – Michael Levenson | Published: 1/27/2017

Developer Eugene McCain led the public charge to push Ballot Question 1, which would have allowed the construction of Massachusetts’ second slots parlor on property he owns near the Suffolk Downs race track in Revere. But the measure was defeated in November, and now McCain’s political committee has agreed to pay $125,000 to state campaign finance regulators for hiding the identity of the ballot measure’s backers.

Michigan – Dozens of Former State Employees Now Work for Contractors
Lansing State Journal – Justin Hinkley | Published: 1/27/2017

A Lansing State Journal investigation identified 87 former state employees in Michigan who are now working for major state contractors, consultants, or vendors, nearly half of whom started working for the contractor immediately after leaving state government. Six of those employees are now working for contractors they oversaw while employed by the state government. The investigation found no examples of quid-pro-quos, such as state employees favoring contractors to get a job. But monitoring for such problems is difficult because no one in Michigan regularly tracks where the nearly 49,000 state employees go when they leave the government workforce. Michigan is one of only nine states that do not put limits on where civil servants can work after they leave state employment.

Montana – Motl Can Remain Until Replacement Is Confirmed
Great Falls Tribune – Matt Volz (Associated Press) | Published: 2/1/2017

The Montana Supreme Court ruled that Commissioner of Political Practices Jonathan Motl’s term has expired, but he can remain in office until a successor is found. The ruling comes in a lawsuit that claimed Motl is entitled to a full six-year term ending in 2019, and not the January 1 expiration date set by Gov. Steve Bullock and confirmed by the Montana Senate. Republican legislative leaders have been seeking Motl’s removal from the office amid the dispute, and at one point tried to cut off the commissioner’s pay. Two people have submitted applications to replace Motl: his chief legal counsel, Jamie MacNaughton, and former Billings City Commissioner Michael Larson.

Oregon – Oregon Lawmakers Pay Their Businesses with Campaign Funds – It’s Legal, But Is It Ethical?
Portland Oregonian – Gordon Friedman | Published: 1/27/2017

At least 11 Oregon lawmakers have tapped campaign funds to pay their business or nonprofit in the last decade. The cash expenditures, made by Democrats and Republicans in the state House and Senate, range from a few hundred dollars to tens of thousands. All said their payments fell within the bounds of the state’s campaign finance statute. Oregon law allows candidates to buy goods and services at “fair market value” from their own businesses with campaign funds, said state Elections Director Steve Trout. Candidates are only barred from using campaign funds to buy intangibles, like “political consultancy or advising,” he said. But it appears two lawmakers may have done just that.

South Dakota – South Dakota Senate Sends Ethics Law Repeal to Governor
ABC News – James Nord (Associated Press) | Published: 2/1/2017

South Dakota lawmakers passed a bill that repeals Initiated Measure 22, a voter approved plan that instituted a public campaign finance system, created a state ethics commission, and tightened campaign finance and lobbying laws. Republican lawmakers contend those provisions are unconstitutional. They challenged the overhaul in state court, which put the initiative on hold while the case moves forward. An emergency provision means the bill would take effect immediately and could not be referred back it to the ballot. Lawmakers have filed proposals that would supplant provisions of the initiative, including similar restrictions on lobbyist gifts and more limited watchdog commissions.

Tennessee – In Tennessee, Lobbyists’ Employers Face Few Disclosure Rules
The Tennessean – Dave Boucher | Published: 1/28/2017

Tennessee law allows companies and organizations to report how much they paid lobbyists and how much they spent on other related expenditures as a range, not specific amounts. State law also does not require those companies to provide additional details about what money is spent on or who they were trying to influence. Bureau of Ethics and Campaign Finance Executive Director Drew Rawlins said companies do not need to provide any receipts or detailed accounting information on their semi-annual reports. While laws regulating lobbyists in other states vary, most require far more information from those employing lobbyists.

West Virginia – Potential Conflicts Also Issue for New WV Commerce Secretary
Charleston Gazette – Andrew Brown | Published: 1/31/2017

Woody Thrasher, West Virginia’s new secretary of the Department of Commerce, owns one of the largest engineering firms in the state and he still has to figure out what to do with his businesses now that he has joined state government. This is the first time Thrasher is serving in public office, but it is not the first time his private firm and other companies have interacted with the Department of Commerce and the state’s executive branch. Thrasher said he is removing himself from the day-to-day operations of his businesses but suggests he is not giving up his ownership.

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.

Today, the Federal Election Commission (FEC) published the 2017-2018 election cycle contribution limits, which have been indexed for inflation. As required by the Bipartisan Campaign Reform Act of 2002, the FEC must adjust certain contribution limits every two years.

The individual and nonmulticandidate PAC contribution limit to federal candidates will remain at $2,700 for both primary and general elections, allowing for a total of $5,400 for a federal candidate. The limits on contributions by individuals to national party committees has increased from $33,400 to $33,900 per calendar year.

Individuals may now contribute $101,700 per calendar year to committees of a national political party for presidential nominating conventions, to committees of a national political party for preparation for and the conduct of election recounts and contests and other legal proceedings, and to committees of a national political party for the construction, purchase, renovation, operation, and furnishing of one or more buildings for party headquarters.

The new limits are effective retroactively to January 1, 2017.

The Montana Supreme Court ruled Commissioner of Political Practices Jonathon Motl’s term has expired, but he must remain in office until a replacement is found. A lawsuit was filed in December 2016 claiming Motl, who was appointed to the position in 2013 by Gov. Steve Bullock, was entitled to a full six-year term ending in 2019.

The Court stated they did not want to interfere with Bullock’s appointment and later confirmation by the Senate. The order went on to say Motl must remain in office until the Senate confirms a successor.

State Republicans are pleased with the quick ruling, providing an opportunity to confirm a new commissioner during the current 2017 legislative session. Motl’s chief legal counsel, Jamie MacNaughton, and former Billings city commissioner Michael Larson have already submitted applications to be considered as Motl’s replacement.

The South Dakota Senate voted 27-8 to approve House Bill 1069, advancing the bill to repeal Initiated Measure 22 to Gov. Dennis Daugaard’s desk.

Initiated Measure 22 is the voter approved ethics and campaign finance overhaul that established various lobbying and campaign finance restrictions.

Gov. Daugaard has previously stated his support for the repeal bill and is expected to sign the bill into law.

Lobbying

Arizona: “How The Wrong Letterhead Exposed Phoenix’s Toothless Lobbying Rules” by Rob O’Dell and Dustin Gardner for Arizona Republic

Arkansas: “Bill Would Let Foreigners Foot Bill for Some Lawmaker Travel” by Michael Wickline for Arkansas Online

Campaign Finance

South Carolina: “Upstate’s Judge’s Race Raises Judicial Ethics Question” by John Monk for The State

Washington: “Seattle Candidates Already on Hunt for ‘Democracy Vouchers’” by Daniel Beekman for Seattle Times

Ethics

“Trump Aide’s Deal with Chinese Firm Raises Fear of Tangled Interests” by Sharon LaFraniere, Michael Forsythe, and Alexandra Stevenson for New York Times

“Resistance from Within: Federal workers push back against Trump” by Juliet Eilperin, Lisa Rein, and Marc Fisher for Washington Post

Montana: “Campaign Regulator Can Remain Until Replacement Is Confirmed” by Matt Volz (Associated Press) for McClatchyDC.com

South Dakota: “South Dakota Senate Sends Ethics Law Repeal to Governor” by James Nord for Associated Press

West Virginia: “Potential Conflicts Also Issue for New WV Commerce Secretary” by Andrew Brown for Charleston Gazette

Elections

“Trump Rattles Statehouse Order” by David Siders for Politico

Procurement

“White House Says LGBT Protections for Federal Workers Will Remain” by Juliet Eilperin and Sandhya Somashekhar for Washington Post

Tech and Social Media

“Fatigued by the News? Experts Suggest How to Adjust Your Media Diet” by Christopher Mele for New York Times

The inauguration of the 45th President of the United States was held on Friday, January 20, promptly at noon as stated in the US Constitution. Regardless of your thought about the person, the event happened.

State and Federal Communications took the opportunity to bring clients, colleagues, and friends together at our Inaugural Appreciation Party. It was a great time to watch the Inauguration on any one of 20 televisions inside the Penn Quarter Sports Tavern. Thanks to Mike Brand, owner, and John Scheer, general manager, who helped transform a sports bar into a totally All-American News Pub for us to keep track of activities all throughout the day.

One group of attendees were the students from Kent State University Washington Program in National Issues studying in DC this semester. I am a big fan of the program because I was assistant director of it when I was a graduate student in 1982. These students had a great time—who wouldn’t with all-you-can-eat/drink all day—but more important it was an opportunity to speak to them.

I do remember college, and I remember college at Kent State University where there are a lot of liberal students. I emphasized I was not having a celebration of our new President, but the process and no better place to be but in DC to learn about working with people on the other side of the aisle.

And, that my friends, is the point of this column. I believe it is so important to help students understand there are “other sides” of opinions and thoughts and there are tons of “other sides” for them to learn in Washington, DC. We do not have to agree 100 percent of the time. We do not even have to be friends. We do need to be collegiate. Remember, Republican President Ronald Reagan ate dinner with Democrat Speaker of the House Tip O’Neill every Sunday.

Sigh…those were good times.

It has been a busy month.  The future will be very interesting.

Thank you.

Elizabeth Z. Bartz

President and CEO
@elizabethbartz

House Bill 91 was introduced yesterday to require Alaska’s legislative lobbyists to pay a 2.5 percent tax on income earned from lobbying activities.

As introduced, the proceeds from the tax would be appropriated to the Alaska Public Offices Commission, which is the state agency tasked with regulating lobbyists. If passed, House Bill 91 would take effect January 1, 2018.

Lobbying

“Is It Time for a Lobbyist Union? Juneau Representative Proposes 2.5 Percent Industry Tax” by Nathaniel Herz for Alaska Dispatch News

“Richard Corcoran: Rick Scott’s ethics proposals not personal” by Jim Rusica for Florida Politics

“Senate Committee Compares House and Senate Bills on Lobbyist Gift Restrictions” by Benjamin Peters for Missouri Times

Ethics

“Trump Fires Acting Attorney General Who Defied Him” by Michael Shear, Mark Landler, Matt Apuzzo, and Eric Lichtblau for New York Times

“Two Applicants Seek to Replace Jon Motl as Commissioner of Political Practices” by Troy Carter for Bozeman Daily Chronicle

“Voters to Decide If Crooked State Pols Lose Pensions” by Matthew Hamilton for Albany Times Union

“In Letter, Justice Again Tries to Address Conflicts of Interest” by Andrew Brown for Charleston Gazette

Legislative Issues

“Don’t Like the Ballot Measure Voters Approved? Just Ignore It, Some Lawmakers Say.” by Alan Greenblatt for Governing

Redistricting

“Court to Wisconsin Republicans: Redraw election maps” by Jason Stein for Milwaukee Journal Sentinel

Lobbying

“Trump’s Trade Pick May Face Hurdle Over Past Lobbying for Brazil” by Bill Allison for Bloomberg.com

“Trump Ethics Rules Curtail Lobbyists, While Also Loosening Some Obama Restrictions” by Matea Gold for Washington Post

Tennessee: “In Tennessee, Lobbyists’ Employers Face Few Disclosure Rules” by Dave Boucher for The Tennessean

Campaign Finance

“Trudeau to End Controversial Cash-for-Access Fundraisers” by Robin Fife and Steven Chase for The Globe and Mail

Ethics

“Countries Where Trump Does Business Are Not Hit by New Travel Restrictions” by Rosalind Helderman for Washington Post

Missouri: “On the Trail: Greitens banking on lawmakers to pass tighter ethics rules” by Jason Rosenbaum for St. Louis Public Radio

Oklahoma: “Evidence Shows EMSA Had Contractor Make Political Donations, Government Says” by Nolan Clay for The Oklahoman

Elections

“Koch Network Could Serve as Potent Resistance in Trump Era” by Matea Gold and James Hohmann for Washington Post

“As Democrats Take to the Streets, Lawmakers Rush to Keep Up” by Jonathan Martin for New York Times

Gov. John Bel Edwards plans to issue a call this week to bring the Louisiana Legislature into a special session to try and close the state’s $304 million deficit.

The special legislative session will run from February 13 to February 23, 2017, but could wrap up earlier if a solution is reached. Edwards met with the joint House and Senate budget committees last Friday and faces no direct challenges to his plan.

He is in favor of using the state’s rainy day fund to bridge the budget gap and has stated there will be no proposals to do so by raising fees and taxes. However, no specifics on where cuts are intended have been announced.

An official list of proposed cuts is to be announced February 6, 2017.

On January 28, President Donald J. Trump signed an Executive Order mandating ethic commitments for executive branch appointees. Appointees are prohibited from accepting gifts, with limited exceptions, from registered lobbyists and lobbying organizations for the duration of their service as appointees.

Appointees are also prohibited from lobbying the agency they were appointed to serve for five years after leaving office. They are also prohibited from engaging on behalf of any foreign government or foreign political party if it would require them to register under the Foreign Agents Registration Act. Additionally, registered lobbyists appointed to an executive agency cannot participate in matters in which they lobbied for two years after the date of their appointment.

This new Executive Order supersedes and revokes a similar Executive Order signed by former President Barack Obama in 2009.

Campaign Finance

Texas: “Under New Reality, Austin Council Members Can Raise Funds Year-Round” by Nolan Hicks for Austin American-Statesman

Ethics

“Report Cites Growing Corruption, Sees Link with Rising Populism” by Andrea Shalal for Reuters

“Felony Charges for Journalists Arrested at Inauguration Protests Raise Fears for Press Freedom” by Jonah Engel Bromwich for New York Times

“At Trump’s Mar-a-Lago, the Price for Joining the ‘Winter White House’ Has Doubled” by Drew Harwell for Washington Post

Kentucky: “Consultant Admits to Longmeyer Bribery Scheme” by Tom Loftus for Louisville Courier-Journal

West Virginia: “Armstead to Address Ethics Request After Session” by Phil Kabler for Charleston Gazette

Legislative Issues

“Trump’s Flashy Executive Actions Could Run Aground” by Isaac Arnsdorf, Josh Dawsey, and Seung Min Kim for Politico

Public Affairs Council Advocacy Conference, here we come! We can’t wait to see everyone. If you’ll be attending, come on by and say hello at our Resource Marketplace Booth.