On June 20, the San Jose City Council approved changes to require lobbyists to file online reports every Monday if they met with city officials the week prior. The council also approved changes to San Jose’s gift ordinance to increase […]
On June 20, the San Jose City Council approved changes to require lobbyists to file online reports every Monday if they met with city officials the week prior.
The council also approved changes to San Jose’s gift ordinance to increase the gift limit from $50 to $470.
The proposed ordinances are scheduled for a final reading on June 27. If approved, the ordinances will become effective 30 days following the adoption date.
June 9, 2017 •
Wisconsin Legislator to Introduce Campaign Finance Package
Wisconsin State Sen. Chris Larson is introducing eight bills aimed at amending state campaign finance laws. The bills would restore lower contribution limits, amend the definition of political action committee, require transparency in political communications, limit coordinated campaign expenditures, expand […]
Wisconsin State Sen. Chris Larson is introducing eight bills aimed at amending state campaign finance laws.
The bills would restore lower contribution limits, amend the definition of political action committee, require transparency in political communications, limit coordinated campaign expenditures, expand reporting requirements for committees receiving a contribution exceeding $100 from an individual, and prohibit corporations and labor unions from contributing to segregated funds established by political parties or legislative campaign committees.
Larson says the proposed changes reflect common sense and would not drastically overhaul the current campaign finance system.
May 4, 2017 •
Several Ethics Bills Introduced in Michigan
Several ethics bills have been introduced in Michigan Legislature. House Bill 4489 prohibits immediate family members of a public officer or employee from accepting gifts tending to influence the manner in which the public officer or employee or another public […]
Several ethics bills have been introduced in Michigan Legislature.
House Bill 4489 prohibits immediate family members of a public officer or employee from accepting gifts tending to influence the manner in which the public officer or employee or another public officer or employee performs official duties.
House Bill 4526 prohibits, for three years after leaving office, a former member of the Michigan Senate or House of Representatives who was, at any time, the chair of a standing committee, from making expenditures for or receiving compensation or reimbursement for actual expenses for lobbying equal to or exceeding the limit established to require registration as a lobbyist agent.
Similarly, House Bill 4527 prohibits any former member of the Michigan Senate or House of Representatives from being a lobbyist agent for two years after leaving office.
If passed, the bills will become effective 90 days after the end of the legislative session.
Effective July 30, 2017, Arkansas constitutional officers are prohibited from soliciting or accepting loans from lobbyists. Senate Bill 7, now known as Act 1108, amends the definition of gift to include any advance or loan. The bill excludes an advance […]
Effective July 30, 2017, Arkansas constitutional officers are prohibited from soliciting or accepting loans from lobbyists.
Senate Bill 7, now known as Act 1108, amends the definition of gift to include any advance or loan. The bill excludes an advance or loan made in the ordinary course of business by a financial institution or business regularly extending credit.
Bills signed during the regular session are effective 90 days after the final, official day of session, unless otherwise specified. The 91st General Assembly is set to adjourn sine die on May 1, 2017.
April 27, 2017 •
Virginia Governor Approves Changes to Gift Rules
Gov. Terry McAuliffe approved changes to Virginia’s gift rules this week, marking the fourth consecutive year lawmakers have adjusted ethics provisions. Among other changes, House Bill 1854, and identical Senate Bill 1312, requires lobbyists to send legislators and executive officials […]
Gov. Terry McAuliffe approved changes to Virginia’s gift rules this week, marking the fourth consecutive year lawmakers have adjusted ethics provisions. Among other changes, House Bill 1854, and identical Senate Bill 1312, requires lobbyists to send legislators and executive officials a summary of gifts provided from January 1 through adjournment sine die of the regular session of the General Assembly. The summary must be provided within three weeks of adjournment and does not include the reconvened session.
The bill also eliminates the “common interest” exception to the $100 gift limit on lobbyists for widely attended events. This exception was used to justify luxury suite tickets to football games. An exception is added, however, for attendance at a reception where hors d’oeuvres and beverages are provided and can be consumed while standing or walking.
These changes are effective July 1, 2017, except the gift notification requirement is effective immediately.
Q: Our company is a registered lobbyist employer in many states, and we regularly do business with universities. Can my company give gifts to university officials and employees? A: Gifts to university officials and employees fall under the purview of […]
Q: Our company is a registered lobbyist employer in many states, and we regularly do business with universities. Can my company give gifts to university officials and employees?
A: Gifts to university officials and employees fall under the purview of state ethics laws in a majority of states. Additionally, universities will often have more restrictive gift policies with respect to vendors. It is especially important to understand what your company can and can’t do at this level, because university employees (especially professors) are sometimes unaware of potential restrictions. Potential penalties can include loss of contracts with a university and/or state fines. Further, if your company is registered as a lobbyist employer, some gifts will need to be disclosed on appropriate reports.
The first step to determine whether a gift to a university official or employee will be permissible is to determine the scope of a state’s gift restrictions…
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March 13, 2017 •
South Dakota Governor Signs IM 22 Replacement Measures
On March 10, Gov. Dennis Daugaard signed a series of bills aimed at replacing ethics and campaign finance laws after the repeal of Initiated Measure 22. Among the bills signed into law, Senate Bill 131 prohibits elected officers and officials […]
On March 10, Gov. Dennis Daugaard signed a series of bills aimed at replacing ethics and campaign finance laws after the repeal of Initiated Measure 22.
Among the bills signed into law, Senate Bill 131 prohibits elected officers and officials from lobbying in the two-year period after termination of service in the state government.
House Bill 1073 was approved to set a $100 annual cap on gifts from lobbyists to elected officials. House Bill 1073 also defines “gift” to exclude food, beverages, and entertainment.
The Governor also signed House Bill 1076, establishing a government accountability board.
The Governor is expected to approve other pending Initiated Measure 22 replacement bills. The pending bills currently on the Governor’s desk include Senate Bill 54 to revise campaign finance limits and disclosure requirements and Senate Bill 171 to establish a government accountability task force to study campaign finance.
March 7, 2017 •
Two Ethics Bills Signed by Arkansas Governor
Gov. Asa Hutchinson signed House Bill 1401 and Senate Bill 169 into law. Both bills provide exceptions to the definition of gift. For example, House Bill 1401 excludes nonalcoholic beverages provided to attendees at a meeting of a civic, social, […]
Gov. Asa Hutchinson signed House Bill 1401 and Senate Bill 169 into law. Both bills provide exceptions to the definition of gift.
For example, House Bill 1401 excludes nonalcoholic beverages provided to attendees at a meeting of a civic, social, or cultural organization or group from the definition of gift, as well as food and nonalcoholic beverages provided to participants at a bona fide panel, seminar, or speaking engagement at which the audience is a civic, social, or cultural organization or group.
Senate Bill 169 provides the use of one or more rooms or facilities owned, operated, or otherwise utilized by a state agency or political subdivision of the state for the purpose of conducting a meeting of a specific governmental body is not a gift.
House Bill 1401 is effective immediately and Senate Bill 169 will become effective 90 days after the Legislature adjourns sine die, or June 9, 2017.
March 7, 2017 •
Denver City Council Amends Gift Laws
Denver City Council approved legislation on Monday amending the city gift rules. Council Bill No. 16-1202 establishes a $300 annual limit on meals, tickets, or free or reduced price admissions from persons or donors with a city interest. Officers, officials, […]
Denver City Council approved legislation on Monday amending the city gift rules. Council Bill No. 16-1202 establishes a $300 annual limit on meals, tickets, or free or reduced price admissions from persons or donors with a city interest.
Officers, officials, and employees may accept meals, tickets, or free admission to events regardless of the annual cap if the meals are provided to all attendees at a public meeting and consumed while the meeting is in progress.
The $300 limit also excludes meals provided to all members of any governmental, civic, or non-profit board if the officer, official, or employee is a member and if the meals are consumed in conjunction with any meeting of the board.
Finally, the limit excludes tickets or free admission offered by a charitable or other non-profit entity hosting the event and not by any third party.
The bill will be forwarded today to the mayor for approval and to the city clerk and recorder for attestation; it is effective tomorrow, March 8.
February 15, 2017 •
South Dakota House Passes Gift Restriction Bill
On Tuesday, the House unanimously passed House Bill 1073. The bill seeks to ban lawmakers from accepting gifts from lobbyists exceeding $100 in value per year. Lawmakers advanced HB 1073 in response to the recent repeal of Initiated Measure 22, […]
On Tuesday, the House unanimously passed House Bill 1073.
The bill seeks to ban lawmakers from accepting gifts from lobbyists exceeding $100 in value per year.
Lawmakers advanced HB 1073 in response to the recent repeal of Initiated Measure 22, which left the state with no limit on gifts lawmakers could accept from lobbyists.
The bill is now headed to the Senate for consideration.
February 3, 2017 •
Nebraska Senator Renews Effort to Ban Lobbyist-Provided Meals in the Capitol
Reviving his concern from last year’s legislative session, Sen. Ernie Chambers introduced a bill to prevent lawmakers from accepting meals from lobbyists in the Capitol. Legislative Bill 445 is similar to a proposal Sen. Chambers sponsored last year, but it […]
Reviving his concern from last year’s legislative session, Sen. Ernie Chambers introduced a bill to prevent lawmakers from accepting meals from lobbyists in the Capitol. Legislative Bill 445 is similar to a proposal Sen. Chambers sponsored last year, but it never made it to a vote. The bill specifically aims to prohibit meals served to lawmakers at the end of the session, when last minute decisions are made.
Lobbyists typically pool their money and provide large, buffet-style meals for legislators as they work into the night. Sen. Chambers said he is concerned the meals create the appearance improper influence.
January 20, 2017 •
Denver City Council Delays Ethics Changes
The Denver City Council was expected to accept ethics changes on January 17, but postponed the vote until February 21. New gift rules proposed by Councilman Kevin Flynn will impose a $300 limit per year on what officials and employees […]
The Denver City Council was expected to accept ethics changes on January 17, but postponed the vote until February 21.
New gift rules proposed by Councilman Kevin Flynn will impose a $300 limit per year on what officials and employees may accept. Councilmembers voiced concerns about what gifts qualify.
To eliminate the confusion, officials are going to address their questions face-to-face before the official vote a month from now.
January 16, 2017 •
Independent Ethics Commission Puts Municipalities on Notice In Battle Over Gift Rules
The Colorado Independent Ethics Commission recently issued a position statement notifying home-rule municipalities of its intent to consider ethics complaints against local officials and employees if their local ethics codes are less restrictive than state law. Constitutional Amendment 41, passed […]
The Colorado Independent Ethics Commission recently issued a position statement notifying home-rule municipalities of its intent to consider ethics complaints against local officials and employees if their local ethics codes are less restrictive than state law.
Constitutional Amendment 41, passed by voters in 2006, sets a $59 (adjusted for inflation) gift limit for public officers, legislators, local government officials and government employees as well as for their spouses and dependent children. More than 70 municipalities, however, are designated as home-rule and, therefore, can adopt local ethics rules in lieu of state law. In addition to the opt-out provision, there is also a provision allowing other local governments to adopt stricter ethics rules.
According to the commission, the constitutional provision permitting local governments to enact more stringent rules still applies to those home-rule municipalities choosing to opt out of the state law provisions.
Critics of the position statement, including Colorado Ethics Watch and Colorado Common Cause, believe the commission is misinterpreting Amendment 41; local governments with home-rule powers should be permitted to opt out if they adopt local laws covering the same ground. They dispute any interpretation wherein Amendment 41 simultaneously applies to and does not apply to home-rule municipalities with adopted ethics rules.
City attorneys throughout the state are currently taking no action while the Colorado Municipal League looks at potential legal options.
January 11, 2017 •
Missouri Ethics Bill Moves Through House
A Missouri ethics bill, being fast-tracked through the House, cleared committee yesterday with just three dissenting votes. The bill would prohibit legislators from receiving certain gifts from lobbyists. Exemptions to the proposed ban would include honorary plaques, flowers and gifts […]
A Missouri ethics bill, being fast-tracked through the House, cleared committee yesterday with just three dissenting votes.
The bill would prohibit legislators from receiving certain gifts from lobbyists. Exemptions to the proposed ban would include honorary plaques, flowers and gifts customarily received by someone before they became a legislator.
The bill is just one of a handful of ethics bills on the legislative agenda. The measure could hit the House floor as early as Thursday.
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