The San Francisco Ethics Commission has drafted regulations, overhauling the city’s gift law.

While the regulation does not change the gift limit, the regulation heavily alters what is considered not a gift, adding more exclusions, and better defining existing exclusions.

The new regulations will only become operative if they are approved by the voters on the March 5, 2024 ballot.

Senate President Pro-Tem Caleb Rowden introduced a substitute for Senate Bill 378, which changes lobbyist and campaign finance reporting and creates a local lobbyist gift ban.

The new substitute for Senate Bill 378 changes the reporting required by lobbyists from monthly expenditure reports to an annual expenditure report filed on December 31, or if December thirty-first is a Saturday or Sunday, on the last Friday of the calendar year.

The bill also changes campaign finance reporting, deadlines and late fees.

The bill raises the threshold for expenditures required to be itemized on a disclosure report from $100 or less to $200 or less and provides for an annual increase based on the increase in the cost of living.

The bill changes filing deadlines by requiring anything filed electronically to be filed by 11:59 p.m. of the due date.

Under current law, if the last day of filing any campaign finance disclosure report falls on a Saturday, Sunday, or an official state holiday the deadline is extended to 5:00 p.m. of the next day that is not a Saturday, Sunday, or official state holiday.

In addition, the bill requires all committees to be charged $100 per day in late fees for campaign finance reports required to be filed 8 days prior to an election.

Under current law, this only applies to candidate committees.

The bill also increases the fine for all other late campaign finance reports to $20 per day late fee, rather than $10 per day as required by current law, and fees will be increased annually on January 1, based on the increase in the cost of living.

The bill also prohibits any person serving as or employed by an elected local government official from accepting directly or indirectly a gift of any tangible or intangible item, service, or thing of value from any paid lobbyist or lobbyist principle.

If passed, the bill will become effective August 28, 2023.

Q: I am a registered lobbyist in Tennessee and my employer is planning to invite the entire membership of the general assembly to an in-state reception with food and beverages provided. Is this allowed and is there anything else I should know to make sure I am compliant with state laws?

A: Yes, the event is permissible, but there are important reporting requirements to follow.

Lobbyists and employers of lobbyists may provide entertainment, food, refreshments, etc. in connection with an in-state event to which the entire membership of the general assembly has been invited. For 2023 events, the cost per person may not exceed $73 per day.

The lobbyist or employer of lobbyist must file a copy of the invitation with the Ethics Commission at least 7 days before the event and must file an In-State Disclosure form within 30 days after the event detailing the per-person and total cost of the event.

The aggregate total of all in-state events is also reported on the semi-annual lobbyist employer reports.

Proper gift disclosure can involve more than simply including the gift on your normal lobbying disclosure report. It is always a good idea to check the jurisdiction’s specific disclosure requirements on our website prior to giving a gift.

The Tennessee Bureau of Ethics and Campaign Finance has increased the lobbyist expenditure gift limit from $65 per event to $73.

The annual limit from lobbyist employers has also increased from $130 during a calendar year to $147.

The bureau is required by law to increase the limit every two years.

The law became effective January 16, 2023.

The Alabama Ethics Commission voted to increase the amount of de minimis items a lobbyist or lobbyist employer may give to public officials.

The new amounts are $32 or less per occasion with an aggregate of $64 or less per calendar year.

Previously the amount was $25 or less per occasion with an aggregate of $50 or less in a calendar year.

The change will only affect the definition of de minimis and has no effect on the exception for meals within the Alabama Code.

South Dakota Secretary of State Steve Barnett published the 2023 annual limit for lobbyist gifts to public officials.

The annual cumulative value is adjusted each year based on the change in the consumer price index for urban wage earners and clerical workers in the preceding year.

The change for 2021 was a 7% increase from the current limit of $107.92, making the newly adjusted cumulative gift limit $115.47.

No public official and no member of the immediate family of a public official may accept from any lobbyist or principal any gifts with a cumulative value greater than $115.47 during the 2023 calendar year.

The San Francisco Ethics Commission will hold a special remote meeting Friday, February 25, at 10 a.m. to discuss proposed amendments to the city’s gift and ethics laws.

The meeting will focus on amendments to expand the definition of who is a restricted source and whether the giver of an unlawful gift should be subject to penalties.

The proposed amendments clarify and remove exemptions to the gift prohibition.

If the Ethics Commission passes an ordinance by a four-fifths vote before the next general election, the commission may place the ordinance on the ballot.

Voters passed a constitutional amendment creating a lobbyist gift ban, reducing campaign contribution limits, and repealing redistricting.

The measure amends Article III of the Constitution to prohibit all gifts from lobbyists or lobbyist principals to members of the General Assembly, staff members, and anyone employed by the General Assembly.

The amendment also reduces contribution limits made to or accepted by any candidate or committee for state senator from $2,500 to $2,400 per election.

There is no change for candidates for state representative.

The amendment also modifies the criteria for redrawing legislative districts and changes the process for redrawing state legislative district boundaries during redistricting.

The change happens by repealing the post of nonpartisan state demographer and giving all redistricting responsibility to a bipartisan commission, renaming them as the House Independent Bipartisan Citizens Commission and the Senate Independent Bipartisan Citizens Commission, respectively.

Additionally, the amendment increases membership on the commissions to 20 by adding four commissioners appointed by the Governor from nominations by the two major political party’s state committees.

As of Wednesday morning, with 98% of votes counted, these constitutional amendments had narrowly passed by 2% and are effective immediately.

Due to COVID-19 concerns, the Hawaii State Ethics Commission has postponed its public hearing on proposed administrative rules concerning amendments to state lobbying and gift laws scheduled for March 19.

While a new date has not been established, the ethics commission indicated the public hearing will likely take place in early May.

The proposals include:

• • Clarifications as to what activities constitute lobbying
  • Exclusions from lobbyist registration requirements
  • Requirements that expenditures be reported on an accrual rather than cash basis

Additionally, the proposals amend prohibitions on certain kinds of gifts, valuation of gifts, and gift disclosure statements.

Progress Michigan is seeking to amend the state constitution to

• • Ban lobbyists and their clients from giving gifts, including meals, drinks, and trips, to public officials
  • Require lobbyists and public officials to make a public record of their phone calls, meetings, and other communications with each other
  • Require a two-year cooling off period before public officials could become lobbyists
  • Ban contingency pay for lobbyists

Progress Michigan is part of the Coalition to Close Lansing Loopholes, which filed proposed language with the state for the November 2020 ballot.

A constitutional amendment requires the group to collect signatures of registered voters equal to at least 10% of the number of votes cast for all candidates in the last gubernatorial election, or at least 425,055 valid signatures by July 6.

The group is seeking a constitutional amendment, rather than a legislative initiative, which requires fewer signatures, to prevent the Legislature from amending the proposal.

City Council President Brandon Scott introduced a proposed ordinance in an attempt to close a loophole regarding gifts to elected officials from lobbyists and persons doing business with the city.

Council Bill 20-0483 will prohibit elected officials and their staff from accepting gifts from not only anyone they know to be a lobbyist, but also anyone they reasonably should know to be a lobbyist.

Like current gift restrictions, this prohibition will also extend to those doing business with the city, engaging in regulated activity, or having a financial interest in the performance of an elected official’s duties.

Sen. Dan Hegeman, a Republican from Cosby, is sponsoring a Joint Resolution for a constitutional amendment which would ban all gifts from lobbyists or lobbyist principals.

Additionally, the bill will reduce contributions made to or accepted by any candidate or committee from $2,500 to $2,000.

The proposed constitutional amendment also repeals the redistricting system approved by voters in 2018 through Amendment 1.

If passed, the proposed amendment would be voted on by the state on November 3, or at a special election to be called by the governor for that purpose.

The first regular session of the 100th General Assembly adjourned May 17 at 6 p.m. after four months in session.

Several lobbying bills were introduced, including House Joint Resolution 48 which made its way to the Senate Fiscal Oversight Committee.

The committee voted do not pass on May 13. The bill would have banned all lobbyist gifts to lawmakers instead of the current $5 maximum limit.

Similarly, House Bill 1199 was introduced to amend the definition of a lobbyist principal to add an entity with authority to direct the lobbyists’ activities. The bill made its way through the Legislative Oversight Committee but did not pass either chamber.

The General Assembly is scheduled to reconvene on January 15, 2020.

The Iowa Legislature adjourned sine die April 27 after a 104 day session.

In addition to legalizing sports betting and instituting limits on local government property taxes, Gov. Kim Reynolds signed a bill to modify disclosure requirements for gifts or bequests to the state.

House File 393 requires the governor and executive departments to file the gift report electronically with the Ethics and Campaign Disclosure Board if receiving a gift or bequest on behalf of the state of over $50.

The bill removes filing requirements with the General Assembly and for any gift less than $50.