On February 7, the Senate Committee on Education reviewed testimony from the Hawaii State Ethics Commission regarding its concerns about SB 2423. Introduced in January, the bill authorizes the Department of Education to accept gifts or donations based on criteria established by the Board of Education. The commission maintains all state agencies and departments should be held to the same standards and codes of conduct; furthermore, it would be unnecessary and imprudent to allow the department to accept gifts contrary to the state ethics code.

SB 2423 also permits schools to participate in charitable fundraising activities in conjunction with 501(c)(3) tax-exempt organizations. Though perhaps well-intended, the bill is extremely broad and raises numerous concerns in terms of application and oversight.

During its testimony, the commission urged the committee to defer the bill until after the Commission has an opportunity to thoroughly consider the issues involved.

The Board of Supervisors voted Tuesday, February 4, to pursue outsourcing the enforcement of political ethics to the state’s Fair Political Practices Commission (FPPC). Officials will ask the state Legislature to authorize the FPPC to enforce county ethics ordinances.

The unanimous vote was in response to a 2013 grand jury report titled, “A Call for Ethical Standards: Corruption in Orange County.”

Supporters of the approach cite San Bernardino County, which recently contracted with the FPPC to audit county campaigns and to prosecute ethics violations. The grand jury’s proposal would also give an independent authority the power to recommend ordinance changes concerning conflicts of interest, gifts, contract procurement, campaign finance, and lobbying.

Two proposals in Philadelphia could finally establish a dollar limit on gifts to city employees. The city’s Board of Ethics again revised its proposed gift limit to $50 with an outright ban on cash gifts.

The initial proposals allowed for some measure of cash gifts based on interpretation of city law allowing some cash gifts, enraging ethics watchdogs. After a reinterpretation by the city law department allowing the Board to ban cash gifts, the ban was included in the latest proposal. A final vote on the gift regulation is expected at the Board’s February 19 meeting.

The Philadelphia City Council is also considering a gift measure, allowing city officials and employees to accept gifts up to $99. The Council’s proposal also bans all cash gifts.

If the Council passes the gift law, the Board of Ethics will need to restart work on its gift regulation, as it can only pass regulations interpreting city law and may not impose a stricter limit than established by statute. Either way, the city appears to be on track in providing much needed clarification of its gift law.

Senate Bill 6414, introduced this week by a group of Washington senators led by Senator Joe Fain, requires all reports to be filed electronically. The bill contains several other strictures, including requiring the Public Disclosure Commission to make all filings available on its website, mandating each lobbyist or lobbyist’s employer sharing in an expenditure greater than $25 to report the specific dollar amount of his or her share, and requiring all lobbyist filings to include an itemized list of all payments made to a state official, regardless of dollar amount.

Another section of the bill implores the Ethics Board to define the limits of “infrequent occasions” in the context of the acceptance of gifts of food and beverages by public officials from lobbyists. This section of the bill comes after a widely-read report showing the state’s 50 most active lobbyists pampered legislators with meals totaling more than $65,000 over a four-month period.

A final section of the bill allows lobbyists to avoid reporting expenses for a legislator’s food at a meeting with the lobbyist if such expenses were paid by the legislator.

Photo of the interior of the Washington State Capitol courtesy of Eric Hunt on Wikimedia Commons.

The gift policy for the Utah Office of Legislative Research and General Counsel has been updated. In the revised Policies and Procedures Manual, gifts having a value over $5 are prohibited. Some gifts are permitted within limited exceptions, including gifts not associated with the employee’s position or duties within the office. Additionally, the policy delineates what are permissible expenses for meals, tickets, reimbursements, and gifts when an employee attends a conference, seminar, training session, meeting, site visit, or other similar gathering connected with the employee’s employment.

Photo of the Utah State Capitol courtesy of Robert Cutts on Wikimedia Commons.

Kentucky could see updates to its legislative ethics code this session.

House Bill 3 would amend the state ethics code to include recommendations of the Legislative Ethics Commission, including:

• Establishing a “no cup of coffee” rule for gifts from lobbyists and employers to legislators;
• Creating a prohibition on lobbyists and employers paying for out-of-state travel for legislators;
• Including employers of legislative and executive branch lobbyists in the prohibition on campaign contributions during a regular legislative session;
• Requiring the reporting of advertising costs for advertising supporting or opposing legislation; and
• Including legislative candidates in the lobbyist gift prohibition.

The Legislative Ethics Commission has included those recommendations for a number of years in its report to the Legislative Research Commission. The existing ethics law was enacted in 1993.

Terry McAuliffe was sworn in as Governor of Virginia this weekend, and already he is making ethics a priority for his administration. Executive Order 2 establishes a gift limit for all executive branch officials and employees, prohibiting acceptance of gifts exceeding $100 per calendar year. Gifts from lobbyists and principals are restricted to $25.

The order does allow for some exceptions, such as excluding items of $25 or less from the definition of gift, and allowing for receipt of certain items while engaging in an activity serving a legitimate public purpose, such as food and refreshments served at certain events.

These restrictions became effective upon his signature on January 11, 2014.

The full text of Executive Order 2 can be viewed here.

Photo of Gov. Terry McAuliffe by Edward Kimmel on Wikimedia Commons.

The inauguration for New Jersey Governor Chris Christie will be held Tuesday, January 21, 2014. The day will begin with a morning prayer service in Newark followed by a swearing-in ceremony and inaugural address in Trenton. Evening festivities include an inaugural celebration at the Great Hall on Historic Ellis Island.

The Governor selected three charities to benefit from the proceeds raised during his second inauguration. Contribution limits do apply for inaugural fundraising events. No person, candidate, candidate committee, joint candidates committee, political committee or continuing political committee may contribute more than $500 in the aggregate to any gubernatorial inaugural fundraising event or events, notwithstanding any contribution made to any candidate for the gubernatorial election. Any contribution given in excess of the $500 aggregate limit will be returned to the contributor.

Similarly, a corporation, association, or labor organization may also contribute to a gubernatorial fundraising event, provided its contribution –  when added to that of any related or affiliated corporation, association, or labor organization – does not exceed $500. Partnerships, LLPs, and LLCs may not make contributions as an entity; any contribution made by check or other written instrument drawn on such an account will be considered a contribution from the individual who signed the check or written instrument.

Tickets to gubernatorial fundraising events may be given to legislators and public officials provided there is no intent to influence the official in any matter related to his or her official duties. Lobbyists may provide gifts of entertainment, food, beverages, or tickets to events as long as the aggregate value of all gifts does not exceed $250 per calendar year.

Photo of Governor Chris Christie courtesy of the Bob Jagendorf on Wikimedia Commons.

The Virginia General Assembly may be taking steps toward substantive ethics reform in its upcoming session. Ethics bills have already been prefiled in anticipation of the session’s start on January 8, most notably Senate Bill 274, limiting gifts to officers and employees of the state and local governments to $100 per calendar year, and requiring disclosure of gifts to immediate family members.

Virginia does not currently limit the amount of gifts officials and employees may receive, and many called for reform after Gov. Bob McDonnell became embroiled in scandal after accepting thousands of dollars worth of gifts from Star Scientific CEO Jonnie Williams. Williams had also made gifts to McDonnell’s wife and daughters, prompting the addition of disclosure requirements to immediate family members.

Photo of the Virginia Capitol courtesy of Varmin on Wikimedia Commons.

The inauguration for Virginia Governor-Elect Terry McAuliffe will be held Saturday, January 11, 2014 in Capitol Square in Richmond Virginia. The day will begin with a prayer breakfast, followed by the inauguration ceremony, parade, executive mansion open house, and the Richmond Inaugural Ball. More information is available at http://www.inauguration2014.com/.

Virginia does not place any limits on the source or amount of political contributions or gifts, including to inaugural committees. Contributions to inaugural committees are not required to be reported on lobbying reports.

Photo of Virginia Governor-Elect Terry McAuliffe courtesy of Edward Kimmel on Wikimedia Commons.

The Legislative Ethics Board in Washington dismissed a complaint related to Washington state lawmakers accepting free meals from lobbyists. Washington law prohibits public officials from accepting free meals on more than “infrequent occasions.” However, there is no enforceable standard for “infrequent occasions.”

The complaint was prompted by a reported $65,000 being spent on free meals by the state’s most active lobbyists in the first four months of 2013.

The Ethics Board is turning to the Legislature for an enforceable standard for the ethics law. If the Legislature fails to do so in the upcoming session beginning in January, the board plans to establish its own rules.

The board also noted in its decision the lack of an enforceable standard affects the consistency of lobbyist reports in terms of what is being reported.

Photo of the Washington State Capitol by Nikopoley on Wikimedia Commons.

Lobbying

“Lobbying Follows Political Activity Into Dark Money” by Kent Cooper in Roll Call’s Political MoneyLine.

“K Street Review: Some Trends In the World of Lobbying For 2013” by Tess Venden Dolder in Streetwise’s InTheCapital.

“Influential Boeing lobbyist Coffey dies at 86” by The Associated Press in the Seattle Post-Intelligencer.

Campaign Finance

California: “Former California lawmaker pays state fine, closes committee” in The Sacramento Bee.

Delaware: “Investigation into campaign finance abuse in Delaware may not lead to new laws” by Sean Carlson in WDDE News.

Maine: “Cutler says he wonʹt take PAC money for 2014 race, will run ʹunboughtʹ” by Christopher Cousins in the Bangor Daily News.

Massachusetts: “Coakley moves to fix lingering campaign finance problems” by Frank Phillips in the Boston Globe.

Michigan: “Critics knock Michigan Gov. Rick Snyder for reversal on ʹissue adʹ donor transparency” by Jonathan Oosting in Michigan Live.

Missouri: “Well known political contributor makes large year-end donation” by The Associated Press in KRCG News.

New York: “NYC commissioner of investigation to head Campaign Finance Board” by The Associated Press in The Republic.

North Carolina: “New N.C. campaign finance laws raise limits, soften disclosure” in the News & Record.

Wisconsin: “Campaign finance bill stalls in Senate” by Bob Hague in the Wisconsin Radio Network.

Ethics

Arkansas: “Arkansas Ethics Commission proposes fines, letters of warning and caution to ex-lawmaker” by The Associated Press in The Tribune.

“Arkansas governor asks lieutenant governor to quit over ethics case” by Chuck Bartels (Associated Press) in the Deseret News.

“Lieutenant governor refuses call to resign over ethics flap” in The Columbus Dispatch.

Georgia: “Georgia ethics commission corrects mistake” by Mark Rice in the Ledger-Enquirer.

South Carolina: “State, legislative ethics panels owed money; House committee may pursue fines in court” by Seanna Adcox (Associated Press) in The Republic.

West Virginia: “Beckley mayor leaving office after ethics probe” by Jennifer Smith in the West Virginia Metro News.

In the Legislatures

“The Top 10 Legislative Issues to Watch in 2014” by Chris Kardish, J.B. Wogan, Mike Maciag, Liz Farmer, and Ryan Holeywell in Governing.

“12 State Legislators to Watch in 2014” by Louis Jacobson in Governing.

Elections

“GOP Crafts New Rules To Shorten 2016 Primary Season” by S.V. Dáte on NPR.

Alaska: “Handful of new Alaska laws take effect in new year” by Becky Bohrer in the Anchorage Daily News.

Massachusetts: “Dates set for 2 Mass. House elections” by The Associated Press in The Boston Herald.

Government Tech and Social Media

“Congress wishes Twitter a happy New Year” by Tal Kopan in Politico.

“The Top 5 Government Tech Stories of 2013” by Joseph Marks in NextGov.

“Coming in 2014: Facebook Across Government” by Joseph Marks in NextGov.

Effective January 1, 2014, new rules generally ban lobbyists from providing public officials with gifts valued at more than $75 or any tickets to games, concerts, and other recreational events. The ethics overhaul in House Bill 142 provides the state’s first legislative limitation on gifts to public officials.

Exceptions to the $75 limit include committee dinners, dinners for caucuses, and certain lobbyist-funded travel. The $75 cap is per occurrence and per lobbyist.

Although the bill was signed in May, 2013, lobbyists were permitted to provide unlimited gifts until the January 1 effective date.

The Philadelphia Board of Ethics staff has released a revised gift proposal following claims its initial proposed limits were too lax. The new suggested limits are a ban on gifts of more than $100, with a limit of $25 on cash gifts, per calendar year from any source not a family member of the recipient. The initial limits proposed were $200 per year, with a cap of $50 for cash gifts, resulting in outcry from watchdogs.

The new proposed limits were greeted with skepticism, however, because the provision allowing for cash gifts remained. Executive Director Shane Creamer insisted the Board cannot ban cash gifts altogether because the city code permits cash gifts, prompting the Board to decide on formally requesting the City Council to consider amending the code.

The suggested limits could drop yet again before the Board votes, as a number of Board members suggested a $50 annual limit was preferable. The Board could potentially vote on the rules at its January meeting.