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 Commonwealth’s new treasurer, Joseph Torsella, banned the use middlemen to assist in connecting investment houses with public agencies.

Torsella, in his first act after being sworn in, issued a policy directive banning the continued or future use of placement agent agreements for contractors entrusted with the investment of public funds.

These placement agents are typically paid a finder’s fee for obtaining business for the investment house. Placement agents are also used to circumvent a federal pay-to-play law prohibiting investment houses from giving campaign donations.

Last year, former treasurer Pat McCord was embroiled in a bribery scandal with one such placement agent. Richard Ireland, a wealthy Chester County resident, is accused of offering McCord $500,000 in campaign donations in exchange for using his clients for investing.

Republican Attorney General Josh Hawley implemented a new ethics policy on Tuesday, January 10. His employees are now prohibited from accepting gifts from lobbyists.

The policy also prohibits staff from discussing business of the attorney general’s office with anyone attempting to lobby on behalf of a client, unless such person is a registered lobbyist. This includes licensed attorneys who fall within the scope of state lobbying law.

Hawley’s policy also establishes a pay-to-play provision prohibiting campaign contributions from those who have applied for or who have pending state contracts if the attorney general’s office has decision-making authority over the contract. Hawley’s ethics policy is effective immediately.

Lobbying

Missouri: “With Greitens’ Blessing, Lawmakers Aim for Lobbyist-Gift Ban” by Summer Ballentine (Associated Press) for Springfield News-Leader

New York: “Ex-Prisoners Get an Advocate from Their Own Ranks” by Benjamin Weiser for New York Times

Campaign Finance

“Trump Rewards Big Donors with Jobs and Access” by Isaac Arnsdorf for Politico

Vermont: “Donovan Taking Hard Look at AG’s Campaign Finance Case” by Morgan True for VTDigger.org

Ethics

“Donald Trump Plans to Shut Down His Charitable Foundation, Which Has Been Under Scrutiny for Months” by Mark Berman and David Fahrenthold for Washington Post

California: “Santa Clara County Bosses Let Workers Take Toys Meant for Needy Kids” by Ramona Girwagis for San Jose Mercury News

Maryland: “Botsaris Appointed Executive Director of Anne Arundel County Ethics Commission” by Amanda Yeager for Capital Gazette

South Carolina: “Possibility of More S.C. Lawmakers Charged with Corruption Looms” by Seanna Adcox (Associated Press) for Aiken Standard

Elections

Oklahoma: “An Oklahoma Newspaper Endorsed Clinton. It Hasn’t Been Forgiven.” by Manny Fernandez for New York Times

Legislative Issues

“Ryan Proposes Fines, Ethics Moves on Grandstanding House Members” by Billy House for Bloomberg.com

North Carolina: “When One Party Has the Governor’s Mansion and the Other Has the Statehouse” by Trip Gabriel for New York Times

Procurement

California: “Bid-Rigging Indictment Alleges California Government Contracting Scheme” by Adam Ashton for Sacramento Bee

Campaign Finance

“Activists Brace for Fight Over Campaign Finance Law” by Alex Roarty for Roll Call

Elections

“Completed Wisconsin Recount Widens Donald Trump’s Lead by 131 Votes” by Matthew DeFour for Wisconsin State Journal

Ethics

“Aaron Schock Pleads Not Guilty To Slew of Federal Charges” by Aryn Braun for Roll Call

Wisconsin: “State Ethics Commissioner Resigns, Citing Dysfunction in New Watchdog Agency” by Mark Sommerhauser and Molly Beck for Wisconsin State Journal

Legislative Issues

“Budget Shortfalls Expected in the Most States Since Recession” by Liz Farmer for Governing

Lobbying

“K Street Eyes Outgoing Lawmakers for Jobs” by Kate Ackley for Roll Call

“Exxon-Mobil: No Stranger to Lobbying the ‘Swamp’” by Lesley Clark (McClatchy) for The News & Observer

“Trump Transition Trade Staffer Defended NAFTA, was Chamber of Commerce Lobbyist” by Andrew Kaczynski and Chris Massie for CNN

Missouri: “Opinion: The Christmas Spirit of Lobbyists” by Phill Brooks for The Springfield Business Journal

Procurement

New York: “DiNapoli Proposes Procurement Reforms” by Matthew Hamilton for Times Union

Maryland Lt. Gov. Boyd K. Rutherford, as chair of the Commission to Modernize State Procurement, released a report outlining a plan to update state procurement laws. The proposed regulations will update outdated statutory language and allow individuals to file applications and reports online.

Along with the report, Maryland unveiled a new procurement website, which will act as a singular procurement communications portal providing online access to procurement information. The new procurement information website can be viewed here.

On November 16, 2016, Gov. Andrew Cuomo released a statement proposing plans to limit campaign contributions and close loopholes for those doing business with the state.

In response to contracting scandals at state universities, Cuomo intends to appoint inspectors general to investigate fraud and abuse at the State University of New York and the City University of New York.

Furthermore, Cuomo will appoint a chief procurement officer to review all state contracts and grants for the purpose of re-establishing public trust. The entire statement can be accessed here.

Photo of Governor Cuomo courtesy of Pat Arnow on Wikipedia.

Residents voted against an amendment to the Anne Arundel County Charter (Question C).

If passed, the ballot issue would have raised the current dollar amount of bids requiring competitive procurement for most procurement contracts from $25,000 to $75,000.

Bids under $75,000 would not be required to go through full competitive bidding.

County commissioners approved a new purchasing manual to ensure consistency and avoid impropriety within the county’s contracting process.

A new hiring manager was brought in last year to overhaul a Purchasing Department troubled for years with allegations of political meddling.

Pursuant to the new manual, the Commissioners Court will still approve contracts handled by the Purchasing Department, but will be unable to override the department’s vendor choices. These changes are the latest in a series of improvements following the federal indictment of a county commissioner for rigging bids and accepting kickbacks in 2014.

Gov. Jerry Brown signed into law a bill requiring persons submitting bids or proposals of $100,000 or more to state agencies to certify they are in compliance with the Unruh Civil Rights Act and the California Fair Employment and Housing Act.

The law is aimed at preventing state agencies from contracting with businesses that boycott Israel.

This law becomes effective January 1, 2017.

At any given time, more than 1,000 legislative bills, which can affect how you do business as a government affairs professional, are being discussed in federal, state, and local jurisdictions. These bills are summarized in State and Federal Communications’ digital encyclopedias for lobbying laws, political contributions, and procurement lobbying and can be found in the client portion of our website.

Summaries of major bills are also included in monthly email updates sent to all clients. The chart below shows the number of bills we are tracking in regard to lobbying laws, political contributions, and procurement lobbying.

The D.C. Council has preliminarily approved a bill that will bring more transparency and accountability to the government procurement process. Among other structural and procedural reforms, the measure establishes the Office of the Ombudsman for Contracting and Procurement.

The bill will need approval at a second reading before it is sent to the Mayor. A stricter reform measure that included a one year pay-to-play restriction failed to pass.

California Gov. Jerry Brown vetoed Assembly Bill 1200.

The bill would have revised the definition of lobbyist to include third-party consultants who work to influence governmental procurement.

The governor’s veto message said the bill is not necessary and cited the existence of numerous laws already regulating state procurement.

Vendors and lobbyists are now required to disclose campaign contributions and affirm the disclosed contributions were made without the expectation of a governmental benefit in return. The late-2015 amendment requires disclosure of contributions to county officials and county-level candidates if made on or after April 1, 2016.

While the amendment aims at promoting greater transparency of the procurement process, some have argued contributions to political parties and noncandidate committees allow contributors to remain out of public view.