LobbyComply Blog

The Missouri House of Representatives overwhelmingly voted to pass restrictions on lobbyist gifts on Wednesday, January 17, 2018.

The proposal would ban lobbyist expenditures on individuals, with the exception of customary gifts such as flowers and other plants, and events where all members of the Legislature are invited.

House Bill 1303 has been referred to the Senate Rules, Joint Rules, Resolutions, and Ethics Committee.

The Arizona Corporation Commission released a code of ethics draft that would ban lobbyists from buying gifts or food for commissioners, as well as require lobbyist registration with the state.

The draft can be amended before the Corporation Commission adopts the code of ethics, which is expected by March.

The San Jose City Council voted unanimously to amend the city’s gift ordinance.

The new law struck the city’s exceptions for allowable gifts and incorporated the exceptions for allowable gifts under the state’s Political Reform Act while maintaining a $50 gift limit.

Under the new ordinance, tickets to certain events are no longer considered an exception to the gift rule. Instead, San Jose will follow a framework similar to the Political Reform Act.

San Jose will consider tickets to civic, cultural, or community functions as permissible gifts, so long as they do not exceed the $50 limit.

The ordinance is effective on December 8, 2017.

On June 27, the San Jose City Council voted unanimously to reject an ordinance changing San Jose’s gift ordinance to increase the gift limit from $50 to $470.

The council approved the measure in its first vote last week, but reversed course after urging from Mayor Sam Liccardo and the public to reject the ordinance.

The $50 gift limit will remain in place; however, the council will consider raising the gift limit to $250 in August.

The council also voted to approve an ordinance to amend lobbying reporting requirements. Effective July 27, 2017, lobbyists will be required to file a report with the city clerk each week they engage in lobbying activity in the city.

Although the ordinance becomes effective 30 days after adoption, fines for failure to file weekly lobbyist reports will be suspended as a grace period until July 1, 2018.

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.

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.

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 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 91^st General Assembly is set to adjourn sine die on May 1, 2017.

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.

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.

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.

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.

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.

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.