The New York Joint Commission on Public Ethics (JCOPE) is currently in the process of developing draft regulations for the state’s gift laws. These draft regulations will attempt to provide clarity and guidance to those regulated by the commission.

The draft regulations concerning gifts given by lobbyists allow lobbyists to follow a step-by-step guide to determine whether he or she is allowed to legally give the gift. JCOPE is accepting written comments on the draft regulations until February 15, 2013. JCOPE will then use those written comments to draft proposed regulations.

Updated February 13, 2013: The New York Joint Commission on Public Ethics has extended the deadline to submit written comments on the draft regulations to March 8, 2013.

Campaign Finance

New York: “Newest NY Senator says she’ll fight for campaign finance reform” by Karen DeWitt in North Country Public Radio.

Lobbying

“Unregistered Lobbyists Keep Business Humming” by Kate Ackley in Roll Call.

“Business Roundtable Head Says CEOs Will Be Visible Lobbyists” by Kate Ackley in Roll Call.

California: “Capitol lobbying rises” by Laurel Rosenhall” in the Sacramento Bee.

Georgia: “House vs. Senate on the lobbyist gift ban” by Chris Joyner in the Atlanta Journal-Constitution.

New Jersey:  “State watch: Hidden persuaders and local lobbying” by David Neese in the Trentonian.

Ethics

Nebraska: “Nebraska’s lieutenant governor quits amid scandal” by The Associated Press in the Los Angeles Times.

From the State Legislatures

Nevada: “All you need to know about the 77th Legislature convening today” by Anjeanette Damon and David McGrath in the Las Vages Sun.

Ohio: “Lawmaking 101: There’s a process” by Jim siegel in the Columbus Dispatch.

Wisconsin:“Lawmakers Have Mixed Feelings About Part Time Legislature” Marti Mikkelson on WUWM Milwaukee Public Radio.

NCSL’s “Legislative Social Media Sites”

Open Government

Missouri: “Mo. measure seeks to strengthen open records law” by The Associated Press in the News Tribune.

House Speaker David Ralston has unveiled an ethics reform bill aimed at expanding the definition of a lobbyist and restricting gifts from a lobbyist. House Bill 142 would define a lobbyist to include an individual who advocates for the purpose of influencing a public officer whether the individual is compensated or working pro bono.

The new definition does away with both the $1,000 expenditure and 10 percent time spent thresholds for lobbyist registration. The bill, as originally filed, would ban even the smallest expenditure of a lobbyist if for the benefit of a single member of the General Assembly.

Lobbyists would still be permitted to spend on committees, caucuses, and expenses to public officers for trips to conferences and meetings.

Lobbying

“K Street Files: Defense, Tax Aides Join McBee” by Kate Ackley in Roll Call.

“Lobbying World” in The Hill.

California: “Former assemblyman registers as a lobbyist” by Laurel Rosenhall in the Sacramento Bee.

Georgia: “Georgia speaker unveils sweeping ethics legislation” by Chris Joyner in the Atlanta Journal Constitution.

Missouri: “Lawmaker: Legislators should never become lobbyists” by Bob Watson in the News Tribune.

Campaign Finance

“FEC Increases Contribution Limits for 2014” by Kyle Trygstad in Roll Call.

Montana: “Montana legislators, groups at odds on campaign donation limits” by Mike Dennison in the Missoulian.

New York: “On Campaign Finance Reform, Senate Republicans Stand in Gov. Cuomo’s Way” opinion piece by John Petro in the Huffington Post.

Ethics

“Ethics Office Opened 32 Cases During 112th Congress” by Amanda Becker in Roll Call.

Hawaii: “Honolulu Ethics Commission Wants to Double Its Resources to Fight Public Corruption” in the Hawaii Reporter.

Illinois: “Former state ethics commissioner hit with $2,500 ethics violation” by Rafael Guerrero in the Chicago Tribune.

Maine: “Bill would bar state officials from quitting to immediately work for industries they regulated” by Naomi Schalit and John Christie in the Bangor Daily News.

New York: “NY ethics board talks conflicts in secret session” by The Associated Press in the Albany Times Union.

New York: “Ex-aide to City Controller John Liu snared in campaign finance fraud probe is granted immunity to testify in former treasurer’s trial” by Robert Gearty in the New York Daily News.

South Carolina: “SC Supreme Court to hear Nikki Haley ethics case” by Andrew Shain in The State.

Elections

Michigan: “Snyder nixes plan to split Michigan electoral votes” by Alexander Burns in Politico.

Ohio: “State Sen. Turner proposes election reform package” by Joe Hallett in the Columbus Dispatch.

Ohio: “Secretary of State Jon Husted and other Republicans say Electoral College changes not in store for Ohio” by Henry J. Gomez in the Plain Dealer.

Open Government

Mississippi: “Mississippi gets low grades for transparency on state, local websites” by Donna Harris in the Sun Herald.

South Dakota: “Legislature: Public records plan falls short” by David Montgomery in the Argus Leader.

The Florida Senate Committee on Ethics and Elections is working on a proposed bill to revise the state’s ethics law.

The draft language relating to lobbying and gift law in the bill establishes a fine for executive branch lobbyists for failure to provide required information or knowingly providing false information in a report, and prohibits vendors from providing gifts to reporting individuals or procurement employees. Other changes the committee is considering include:

• Restrictions on former legislators’ employment as a lobbyist, such as ban on executive branch lobbying and a prohibition on becoming a partner, principal, or employee of a firm whose primary business is lobbying the state legislature within the two years after a legislator leaves office; and
• A prohibition on or reduced gift limit for gifts to covered individuals from committees of continuous existence, or CCEs. House Speaker Will Weatherford has called for elimination of CCEs, which are often used by legislators to pay for meals, travel, and gifts.

The committee plans to have final draft language available on January 18, and plans to consider the proposed bill at its January 22 meeting.

The Senate has imposed a $100 limit on gifts from lobbyists. Senators approved the gift cap 42-12 on the opening day of the 2013 General Assembly session as part of new rules governing the chamber’s operations for the current two-year term.

The new rule does not apply to travel costs or to gifts provided to groups of senators, including members of committees. The rule also allows lobbyists to give $100 gifts on multiple occasions.

Although not bound by senate rules, house leaders plan to introduce legislation later this week calling for a complete ban on lobbyist gifts.

Photo of the Georgia State Capitol courtesy of connor.carey on Wikipedia.

National:

NRA Power and Money Goes a Long Way in States

The GOP’s Electoral College Scheme

Federal:

Colbert Super PAC to Give to Charities

Crossroads GPS Claim: What Karl Rove’s dark money nonprofit told the IRS

From the States and Municipalities:

Alaska

Legislative Aide Resigns after Anti-Islamic Agenda Crosses into Public Role

Arkansas

Admitted Inappropriate Relationship Threatens McDaniel’s 2014 Bid to Become Arkansas’ Governor

California

More Valuable Gifts, Contributions Allowed to Politicians in 2013

California

State Political Watchdog to Enforce San Bernardino County’s Campaign Finance Ordinance

Louisiana

New Orleans Mayor Mitch Landrieu to End Contracts with Firm Tied to Ray Nagin Bribery Probe

New York

Cup of Coffee Limit Perks Up Again

New York

NY State Urges Aetna to Reveal Political Spending

Washington

House Bill Would Impose Fees on Lobbyists, Others

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

News You Can Use is a news service provided at no charge only to clients of our online Executive Source Guides, or ALERTS™ consulting clients.

Lobbying

Via Eric Brown’s Political Activity Law blog – Missouri:“Mo. Sen. candidate wants ban on all lobbyist gifts to state lawmakers” by Marshall Griffin in St. Louis Public Radio.

Wisconsin: “Former Assembly speaker now a lobbyist” by Jason Stein in the Milwaukee Journal Sentinel.

Campaign Finance

“Rules of the Game: Shining a Light on Political ‘Dark Money‘” by Eliza Newlin Carney in Roll Call.

Arizona: “Probe into Horne’s campaign finances leads to report over alleged hit-and-run” by Howard Fischer in the East Valley Tribune.

Social Media

“Mashable Special Report: How Digital Is Transforming Politics” by Josh Catone in Mashable.

“How the Internet will Change the Government” by Henry Brown in Govloop.

Council President Jack Young has introduced legislation on behalf of city watchdog officials to close gaps in Baltimore’s ethics code after reviewing attempts to take advantage of loopholes.

The bill would prohibit council members from accepting gifts from anyone who has lobbied the city in the previous 12 months, even if the lobbyist is no longer registered.

Last January a prominent lobbyist attempted to give a gift, including tickets, to a council member during a short interlude between the expiration of the lobbyist’s 2011 registration and the eventual 2012 registration renewal.

Q. Are there any additional compliance requirements of which to be aware because this is a Presidential election year?

 A. In a word, no. However, given the substantial increase in federal, state, and local contributions, it is important to keep in mind some compliance basics during an election year:

• Be aware of what restrictions exist in a specific jurisdiction regarding pre-election contributions and/or communications. Several states have laws restricting contributions within a certain time period of an election. Federally, there are time-period restrictions associated with election communications;
• Track reportable contributions that may only come into play during an election year. For instance, at the federal level, contributions made to an inaugural committee are reportable on the LD-203;
• The same gift laws apply leading up to an election as the rest of the year. Understand the definition of a gift as it relates to a “covered official” from any given jurisdiction and don’t violate it because you happen to be attending an election-related activity, including conventions;
• Most jurisdictions have personal, corporate and/or PAC contribution limits. Be diligent in monitoring contributions so as not to surpass those limits;
• Don’t rely on a “covered official” from any jurisdiction to know his/her jurisdiction’s limits or restrictions. Be proactive in determining restrictions ahead of time; and
• Consider implementing “Election Year” guidelines within your organization to keep everyone on the same page.

In an election year, the increase in activity coupled with jurisdictional differences can make compliance a little trickier. By following these fundamental guidelines, you are more likely to ensure that at the end of the day you can say, “I Comply.” As always, should you have any questions regarding your compliance efforts, don’t hesitate to refer to State and Federal Communication’s on-line source books or contact us directly.

You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: marketing@stateandfed.com.

(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.

Mayor Rahm Emanuel’s new proposed ethics ordinance has advanced out of committee and will now head to a full city council vote. The proposal, which stems from the first set of recommendations handed out by Emanuel’s appointed Ethics Board, will, among other things, lower the value of gifts that city’s employees and officials may receive. Currently, the limit is $100, but the proposed ordinance lowers that limit to $50.

The proposal is expected to pass the city council. The ethics board is expected to release its second set of ethics recommendations in late summer.

2012 is an exciting year for national politics. State and Federal Communications, Inc. is your trusted resource for comprehensive lobbying and campaign finance guidelines to assist your organization with navigating the national party conventions. Here is our User’s Guide to National Party Conventions.

The Republican National Convention is being held in Tampa, Florida at the Tampa Bay Times Forum from August 27th to August 30th. The Democratic National Convention opens at the Time Warner Cable Arena on September 3rd and closes on September 6th with President Obama accepting the nomination of his party at the Bank of America Stadium.

These conventions will be a gathering place for delegates and other party members from across the country and thus will represent an excellent opportunity for your organization to interface with a wide range of public officials.

Knowledge of the applicable federal, state, and local rules governing your interactions with both convention delegates and other public officials in attendance will ensure your organization has the tools available to say, “I Comply.”

What is important as you read the document is knowing the official names of the convention and host committees:

1. Republican Convention Committee —

Committee on Arrangements for the 2012 Republican National Convention;

2. Democratic Convention Committee —

The 2012 Democratic National Convention Committee, Inc.;

3. Republican Host Committee —

2012 Tampa Host Committee; and

4. Democratic Host Committee —

Charlotte in 2012 Host Committee.

In closing, we hope this resource serves you well during the upcoming convention season. The Research Department of State and Federal Communications, under Manager John Cozine, made sure we looked at all avenues of giving.

We wish you all the best this summer before the conventions.

Thank you.

Elizabeth Bartz

President and CEO of State and Federal Communications

The Fair Political Practices Commission has approved a change to simplify lobbyist reporting requirements for “drop-in” events.

The amendment to regulation 18640 allows appetizers and beverages to be excluded from the gift valuation for an official who does not stay for any meal or entertainment. The value of the gift is now any specific item, other than food, presented to the official and guest accompanying the official, if the official notifies the lobbyist in writing that the official did not stay for any meal or entertainment.

The amendment provides consistency with regulation 18946.2(e), which was previously amended to exclude the value of appetizers and drinks from the value of a gift received by an official who briefly appears or drops by an invitation-only event. Prior to the amendment, the value of the gift received was limited to the actual value of the food and beverages consumed by the official and guest, along with the value of any specific item received at the event.

Image of the Seal of California courtesy of Zscout370 on Wikipedia.