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E-News from State and Federal
Communications, Inc. |
May 2017
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State and Federal Communications Inc.
Releases New Informative White Paper on
The
Foreign Corrupt Practices Act (FCPA)
We have done it again! We have released a new white
paper on The Foreign Corrupt Practices Act (FCPA).
Legal compliance with all the rules and regulations
is always important to the broad network of
government relations professionals, companies and
organizations we serve.
With Attorney General
Jeff Sessions announcing that FCPA enforcement is
one of his priorities, knowing the law is more
important than ever.
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.
As an overview, 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.
FCPA enforcement continues to be a high priority
area for the SEC's enforcement program. Violations
can lead to substantial punitive actions including
civil and criminal enforcement actions against
issuers and their officers, directors, employees,
stockholders, and agents. Recently there have been a
number of settlements, non-prosecution agreements,
oversight, and self-reporting that 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
www.stateandfed.com.
Thank you.
Elizabeth Z. Bartz
President and CEO
@elizabethbartz
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WEBINAR Website Tour
Each month, State
and Federal Communications, Inc. conducts a
webinar on how to use our website and its many
features.
The next
scheduled tour dates are:
Register to
participate in the tour by clicking our webinar logo.
If you have any questions, contact
marketing@stateandfed.com. |
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Kentucky Amends
Campaign Finance Laws
Kevin Newman, Esq.
Research Associate
On March
27, 2017, Gov. Matt Bevin approved Senate Bill 75, amending the
state’s campaign finance laws. The measure increases campaign
contribution limits for individuals and PACs, schedules limit
increases every two years, and increases transparency by requiring
an additional pre-election report. A single reporting threshold of
$3,000 is also created for candidates, slates of candidates, and
political issue committees.
When
Senate Bill 75 takes effect on June 28, 2017, the state will see its
first increase in contribution limits since 1993. The limit for
individuals and PACs giving to candidates will increase from $1,000
to $2,000 per candidate or slate of candidates per election. A
$1,500 aggregate limit on contributions to PACs and contributing
organizations has been eliminated and is replaced with a $2,000
limit per group per year. The limit on contributions to caucus
campaign committees and state executive committees of a political
party will also increase from $2,500 to $5,000. The bill creates a
new provision applying the same $5,000 limit to a subdivision or
affiliate of a state political party. These contribution limits will
be indexed for inflation every odd-numbered year, based on the
consumer price index, and rounded to the nearest hundred.
Seeking
to increase transparency in the political process, lawmakers created
an additional report prior to elections. Candidates, slates of
candidates, campaign committees, political issue committees, and
registered fundraisers must now file a report on the 60th day before
an election, accounting for all previous contributions and
expenditures. Previously existing pre-election reports are now due
on the 30th and 15th days before the election. The 30-day
post-election report remains intact.
Additional revisions include increasing the limit on
anonymous and cash contributions from $50 to $100, allowing married
couples to write one check for the amount of their combined limits,
and allowing a state executive committee to establish a building fund
account. This account may be used for expenditures related to
purchasing or constructing a headquarters facility. Corporations,
despite a ban on giving contributions, will be permitted to give a
monetary contribution to a state executive committee’s building
fund.
[The details for this article have been updated on our website in
the Contribution and Reporting sections of the Political
Contributions Compliance Laws for Kentucky.]
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Summary of Changes UPDATE
Note Recent Changes to
Compliance Regulations
Michael Beckett, Esq., Research
Manager
COLORADO:
Gov. John Hickenlooper
recently signed House Bill 17-1051, modernizing the Colorado
Procurement Code. Among other changes, the bill exempts grants from
the state bidding requirements and makes the Procurement Code of
Ethics and Guidelines applicable to state procurement officials, end
users, vendors, contractors, and interested third parties. The bill
will be effective 90 days following the adjournment of the
Legislature.
DALLAS, TEXAS:
City Council voted unanimously to overhaul the city’s ethics laws
after months of work to tighten rules on lobbying and reduce
political influence in City Hall. The new ethics rules bar
successful campaign managers from lobbying city officials for one
year after a campaign; require association leaders and attorneys and
law firms representing clients to register as lobbyists; lower the
gift disclosure threshold from $500 to $250; and broaden the scope
of those covered by the law to include city board and commission
appointees. The ordinance is effective July 1, 2017.
HILLSBOROUGH COUNTY, FLORIDA:
Commissioners approved a measure banning text messages and other
electronic communications with lobbyists during County Commission
meetings. Although the initial proposal only placed restrictions and
obligations on lobbyists, two amendments were approved to create
responsibilities for commissioners as well. Commissioners, like
lobbyists, must disclose to the lobbyist registration manager any
unavoidable communications and will be subject to fines for
violations.
NEW MEXICO: A bill creating an
independent ethics commission was approved by the Legislature. House
Joint Resolution 8 seeks to amend the New Mexico Constitution and
establish a state ethics commission. The commission would oversee
complaints against public officials, both in the legislative and
executive branches, as well as lobbyists and government contractors.
The proposed amendment will be placed on the 2018 general election
ballot for voter approval.
SOUTH DAKOTA: Gov. Dennis
Daugaard signed a series of bills aimed at replacing ethics laws
after the repeal of Initiated Measure 22. Senate Bill 131 prohibits
elected officers and officials from lobbying in the two-year period
after termination of service in state government. House Bill 1073
sets a $100 annual cap on gifts from lobbyists to elected officials.
House Bill 1073 defines "gift" to exclude food, beverages, and
entertainment. Daugaard also signed House Bill 1076, establishing
the Government Accountability Board.
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Legislation We Are
Tracking
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' online compliance publications for lobbying laws, political
contributions, and procurement lobbying. They can be found on a
jurisdiction's home page.
Summaries of major bills are also included
in the monthly Summary of Changes email update 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.
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Total bills |
Number of Jurisdictions |
Passed |
Died |
Carried over to 2018 |
Lobbying Laws |
311 |
45 |
17 |
29 |
0 |
Political Contributions |
442 |
49 |
22 |
57 |
0 |
Procurement Lobbying |
409 |
49 |
22 |
35 |
0 |
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W E B S I T E
T I P
Determining what law applies to the county or city you
are researching can be difficult. State and Federal
Communications takes the confusion out of the process.
The Applicable Law section, found in all of our
publications, outlines the laws cited in the entry you
are viewing. In county and city entries, if a state law
applies, it will be listed and cited in addition to any
applicable local laws. We also directly answer for you
whether state laws apply to local jurisdictions in the
Lobbying Registration, Gift, and Pay-to-Play sections.
Thus, you will always know the universe of laws you are
dealing with. |
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‘Elizabeth Z. Bartz
Scholarship for Howland Tigers’ Finds Success
with First Recipient; The 2017 Scholarship
Opportunity Now Available for Kent State
University at Trumbull Campus
Kayleigh
Crumb has been an
excellent choice as
the first student to
receive the recently
endowed ‘Elizabeth Z. Bartz
Scholarship for
Howland Tigers.’
This scholarship is
given to a graduate
of Howland High
School who is
entering Kent State
University at
Trumbull Campus as a
freshman.
Kayleigh received
the 2016 scholarship
award last fall,
after graduating
from high school,
and enrolling at the
KSU Trumbull campus.
After her first
semester at the
university, she was
named to the Dean’s
List by achieving a
4.0 grade-point
average. She also
received a KSU
Trumbull Freshman
Scholarship for her
efforts.
Elizabeth Z. Bartz,
who provided $30,000
to Kent State
University at
Trumbull to endow
the ongoing
scholarship program,
said, “I am
delighted that
Kayleigh was the
first student from
Howland High School
to receive this
scholarship. She has
already done so well
and has a
bright
future ahead of her.
I endowed this
scholarship last
year in honor of my
40-year graduation
anniversary from
Howland High School
because I wanted to
give back and help
graduating seniors
from Howland High
School attend the
local area KSU
Trumbull Campus,
just like I did.
Meeting Kayleigh has
showed me I made the
right decision to
help promising
students pay their
early college
costs.”
Kayleigh added, “I
want to be a news
anchor or work in
the broadcasting
field with my
journalism major.
Even while at
Howland High School,
I was able to take
classes offered by
Kent State and was
able to obtain nine
college course
credits. This
scholarship,
generously provided
by Ms. Bartz, helped
me a lot so I could
attend Kent State
University at
Trumbull, where I am
getting the same
education as the
main campus in an
affordable, safe and
convenient
location.”
Starting in the fall
of 2017, Kayleigh
will attend the main
campus of Kent State
University in Kent,
Ohio, for her second
year of classes. She
is also being
inducted into the
National Society of
Leadership and
Success later this
month, the nation's
largest leadership
honor society.
For upcoming seniors
at Howland High
School who will
graduate and then
attend Kent State
University at
Trumbull this Fall,
they can learn more
about the ‘Elizabeth
Z. Bartz Scholarship
for Howland Tigers’
and apply starting
May 1, 2017, at this
KSU website:
http://www.kent.edu/trumbull/campus-scholarships
Elizabeth,
who graduated from
Kent State
University having
earned a Bachelor of
Arts Degree in
Journalism in 1980
and a Master of Arts
Degree in Political
Science in 1982,
credits the KSU
Trumbull Campus and
its professors as
the place and people
who supported her at
the beginning of her
university journey.
Her endowment now
ensures a
scholarship is
awarded each year to
a Howland High
School graduate, in
a program managed by
KSU.
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ASK THE
EXPERTS
State and
Federal Communications’ Experts Answer Your Questions
Here
is your chance to “Ask the Experts” at State and Federal
Communications, Inc. Send your questions to
experts@stateandfed.com.
(Of course, we have always been available to answer
questions from clients that are specific to your needs, and
we encourage you to continue to call or email us with
questions about your particular company or organization. As
always, we will confidentially and directly provide answers
or information you need.) Our replies are not legal advice,
just our analysis of laws, rules, and regulations.
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Can I use my company’s
federal PAC to make contributions to candidates for state
office? |
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With the exception of Massachusetts, contributions from a
federal PAC to non-federal state candidates are
permissible. However, the challenging aspect of making
these types of contributions is that every jurisdiction has
different rules regarding how to register and report such
contributions. To make this a little easier to digest, we
have broken down the states into five categories.
Please
note: regardless of the registration and reporting process,
in all jurisdictions the federal PAC is subject to the
contribution limits according to the law of that
jurisdiction...
[We have not listed PAC rules for all the states, only
examples of some states.
If you have a question on a state
not listed here, please contact us directly
at
1-330-761-9960.]
Click here to read
ALL Ask the Experts articles in full
Please
fill out the small form to gain access to all articles free!
Thanks.
Nola R. Werren, Esq., Client Specialist
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State and Federal
Communications, Inc.
Scrapbook
State and Federal participated in
the ACES Conference in St. Petersburg, FL.
ACES, the Society for Editors, is an international members' alliance
of editors.. The conference provides editors in a wide range of
industries quality training from recognized experts in the field.
Attendees are editorial professionals and others who believe editing
is a craft vital to clear writing.
Attending were Joe May, Manager, Client Analytics; Megan Huber-Kovachik,
Marketing Communications Associate; Jon Spontarelli,
Social Media Specialist, and Lisa Stutzman, Research Assistant.
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Attending an ACES session -
Jon Spontarelli,
Social Media Specialist,
and Lisa Stutzman, Research Assistant. |
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Elizabeth Z. Bartz, President
and CEO of State and Federal Communications, with
Judith Zimomra, City Manager of The City of
Sanibel, Florida |
SGAC
National Summit, New Orleans, LA
James Carville gave the opening keynote at the
Summit.
Pictured are Elizabeth Bartz, James Carville,
and Christopher Badgely,
from Daiichi
Sankyo, Inc. |
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YouToo Social Media Conference
The State
and Federal Communications Team at the 2017 YouToo
Social Media Conference as the Presenting
Sponsor.
Our hope is to always support the leaders of
tomorrow.
From left to right: Jim Sedor, Editor, News You
Can Use, Joe May, Manager, Client Analytics,
Jennifer Kramer, Director pf Public Relations
and Marketing Communications at Kent State
University, Jon Spontarelli, Social
Media Specialist; Anthony Didion, Marketing and
Sales Assistant, and Megan Huber-Kovachik,
Marketing Communications Associate. |
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Plan to say hello at future
events where State and Federal
Communications, Inc. will be attending and/or
speaking regarding compliance issues. |
Events
May 1,
2017 |
Book
Forum - The Soul of the First Amendment,
Washington, DC |
May 2, 2017 |
Ohio
Chamber of Commerce Annual Meeting and
Reception, Columbus, Ohio |
May 3,
2017 |
Free
Website Tour of State and Federal
Communications Online Publications |
May 4,
2017 |
Leadership in the 21st Century Program
Alumni Event, Washington, DC |
May 4,
2017 |
Public Affairs Council Cinco de Mayo Happy
Hour, Washington, DC |
May 9,
2017 |
WGR
Toastmasters, Washington, DC
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May 11,
2017 |
Montgomery County Council - African Affairs
Advisory Group Meeting, Silver Spring,
Maryland |
May 12,
2017 |
Advocacy Leaders Network: Advocacy on the
Cheap: Changing the World on Any Budget,
Washington, DC |
May 18,
2017 |
17th
Annual Omnikal Business Summit, New
York, NY |
May 23,
2017 |
WGR
Toastmasters, Washington, DC |
May 24,
2017 |
2017
Advocacy Leaders Network Spring Happy Hour,
Washington, DC |
June 7,
2017 |
Free
Website Tour of State and Federal
Communications Online Publications |
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COMPLIANCE
NOW is published for our customers and friends.
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Federal Communications, Inc. | Courtyard Square | 80 South
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http://www.stateandfed.com/
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The Mission of State
and Federal Communications is to make sure that your
organization can say, "I Comply."
We are the leading
authority and exclusive information source on
legislation and regulations surrounding campaign finance
and political contributions; state, federal, and
municipal lobbying; and procurement lobbying.
Contact us to learn how
conveniently our services will allow you to say "I
Comply" for your compliance activities.
http://www.stateandfed.com
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www.stateandfed.com |
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