The state Ethics Commission is discussing how to administer new lobbying and campaign laws signed by Gov. Asa Hutchinson. Senate Bill 967 (now Act 1280) limits lobbyists to one “planned activity” per week and provides a 30-day grace period for officials to return improper gifts. Political contribution limits from individuals and PACs to a candidate have been raised from $2,000 to $2,700 per election.

Act 1280 also authorizes the commission to oversee new ethics laws contained in a constitutional amendment passed by voters in 2014. The amendment prohibited lobbyist gifts and corporate contributions, but did not provide the commission authority to administer the constitutional changes.

Earlier this year lawmakers passed House Bill 1002 (now Act 47), but that law only authorized the commission to issue advisory opinions concerning the amendment.

Act 1280 further provides the commission with statutory authority to administer the changes by issuing rules and investigating complaints. Act 1280 became effective upon Hutchinson’s signature.

The General Assembly reconvened Wednesday to review several proposed legislative amendments offered by Gov. Terry McAuliffe, including changes to the ethics reform bill. The bill, as sent to the governor, changes the lobbyist gift limit from $250 per year from any one source to $100 per gift.

The governor, fearing this would allow legislators to accept an unlimited number of gifts as long as they were less than $100 each, suggested a $100 per year limit from any one source. Lawmakers voiced their own concerns with the amendment, stating its wording could be construed to create a $100 lifetime limit.

Much to the dismay of some members, the General Assembly will meet again on Friday, April 17 to clarify the issue and hold a vote.

Photo of the Virginia State Capitol by Anderskev on Wikimedia Commons.

Gov. Terry McAuliffe plans to offer amendments to the ethics reform bill passed last month. HB 2070 creates a $100 per gift cap to replace the current $250 aggregate limit lawmakers must abide by.

Gov. McAuliffe announced he would like to see a $100 aggregate limit to prevent legislators from accepting repeated gifts from lobbyists.

A legislative session is scheduled for April 15 for lawmakers to consider McAuliffe’s amendments and vetoes.

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

The Government Transparency and Campaign Finance Commission held a day-long meeting on March 26 to consider rule changes and to conclude ethics complaints. The proposed rule changes are to aid in the implementation of ethics reforms passed nearly two years ago.

The new lobbyist gift law sets a $75 limit on some gifts, exempts other gifts, and completely prohibits any gift not otherwise limited or exempted. Lobbyists, public officials, and the public still have questions about how the limits are supposed to be followed.

The commission approved a rule to regulate lobbyist gifts to family members of public officials, but tabled rules about how often a lobbyist can give a $75 gift and whether multiple lobbyists can split the cost of a gift valued at more than $75.

The commission closed about two dozen ethics complaints, with another 220 cases yet to be decided. The next commission meeting is scheduled for June 25, 2015.

On March 9, the Colorado Independent Ethics Commission released Position Statement 15-01, increasing the gift limit from $53 to $59. Public officials or employees are prohibited from soliciting, accepting, or receiving any gift or other thing of value worth more than $59 in any calendar year without giving lawful consideration of equal or greater value in return, unless the gift or thing of value falls under a listed exception.

The gift limit is adjusted in accordance with the United States Bureau of Labor Statistics Consumer Price Index for Denver-Boulder-Greeley every four years. The $59 limit will be recalculated in the first quarter of 2019.

The Campaign Finance Commission has again posted notice of intent to amend, add, and repeal rules relating to lobbying and campaign reporting. Most of the changes were originally considered by the commission in the Fall of 2014.

The amendments are designed to clarify campaign reporting thresholds, permit gift splitting by lobbyists, and require reporting of gifts to family members of officials. The commission will hold a public hearing and consider the rules for adoption on February 25, 2015.

The amendments are available here.

The House of Delegates and Senate each passed versions of ethics reform bills targeting gifts to lawmakers. Both chambers and the governor have agreed on a $100 limit, including meals and travel, as well as the creation of a bipartisan commission to advise members and issue waivers for travel exceeding the limit.

The governor, however, proposed the commission be given subpoena and audit power while the Senate favors the power to inspect records and issue civil penalties. The House version does not include either provision.

Certain lawmakers are concerned the commission, if given too much power, will only serve as a vehicle for political retribution. The House and Senate, in the coming weeks, will work towards a compromise to send to Gov. McAuliffe.

Photo of the Virginia State Capitol by Varmin on Wikimedia Commons.

Missouri House Speaker John Diehl will no longer allow food paid for by lobbyists in committee hearings. Although he made no formal change to House rules, Diehl believes his new policy will be followed because the committee chairmen serve at his pleasure.

Last week, Diehl also banned House committees from meeting outside the Capitol in an effort to curb the practice of lobbyists providing catered meals to committee members as they consider legislation.

As Missouri ethics laws come under scrutiny, Diehl’s actions may be a step in the right direction.

Photo of the Missouri State Capitol by RebelAt on Wikimedia Commons.

As promised, Gov. Tom Wolf has signed two executive orders to bring about ethics reform. The first order bans all employees, appointees, and officials of the executive branch from soliciting or accepting gifts from individuals attempting to influence decisions.

The second creates a prohibition on no-bid contracts to law firms, requiring competitive bidding procedures be used for all legal services contracts.

Gov. Wolf signed the orders immediately following his inauguration address. Both executive orders are effective immediately.

Photo of Gov. Tom Wolf by Bruestle2 on Wikimedia Commons.

The consultation period for review of the Revised Lobbyists’ Code of Conduct has ended.

Commissioner of Lobbying Karen Shepherd drafted the revisions and invited comment on the proposed changes to be submitted by December 19, 2014. The changes focus on the relationship between lobbyists and public officials, while removing rules relating to the relationship between lobbyists and clients.

New rules prohibit a lobbyist from lobbying a public official if the lobbyist has campaigned for or has business interests with the public official. New gift regulations hold a lobbyist responsible for giving a gift the public official is not allowed to accept.

Once Shepherd finalizes the revisions, they will be referred to the House of Commons Standing Committee on Access to Information, Privacy, and Ethics, before being published in the Canada Gazette. The current version of the Lobbyists’ Code of Conduct remains in place until the revised code comes into effect.

Image of Canadian Flag by Djameson1983 on Wikimedia Commons.

The research team at State and Federal Communications has developed an Inaugurations Guide to help provide our clients with the most up-to-date changes. The guide is based on the November 2014 elections and provides names of the governors, inauguration dates, rules about providing tickets to events, and contributing to inaugural committees.

This guide provides you with yet another compliance reference tool to effectively handle the changing legislation as it pertains to government affairs. For non-subscribers you can gain access to the guide by clicking on the following link, Inaugurations Guide.

State and Federal Communications is pleased to announce the addition of information to assist you with your planning for the upcoming gubernatorial inaugurations and related events. The document, available for subscribers to our services, can be found on the User Dashboard, which is the landing page you arrive at after logging in to the website. The link can be found on the left-hand side, below your bookmarks and the link to the Classroom tutorial videos.

Two common scenarios are covered: the rules on providing inaugural event tickets to public officials and the rules covering contributions to inaugural committees. All 36 states that elected a governor in 2014 are covered.

Today, the U.S. House of Representatives Committee on Ethics released a reminder for its members and staff about the propriety of accepting holiday gifts.

Holiday Guidance on the Gift Rule, an eight-page memorandum on House Rule 25, points out some of the restrictions, including reminders on how to handle certain types of situations such as attending a holiday reception at a lobbying firm.

In such a situation, attendance is allowed as long as “the food and refreshments are of ‘nominal value’ and offered ‘other than as part of a meal.’”

Should a representative or staff member be offered a gift card or certificate, the memorandum reminds them these items are considered the same as cash; therefore, they cannot be accepted under any gift exception. The communication also reminds members and staff how they must handle unacceptable gifts, how to seek written committee approval in some circumstances, and which financial disclosure requirements may be necessary.

In a seasonal flair, the memorandum ends with a whimsical poem entitled The House Gift Rule: A Rhyme for the Holidays. The poem includes stanzas such as the following:

Gifts worth less than 50 dollars really aren’t scary,

Unless there’s a lobbyist, you can make merry.

But beware! This exception requires you to know

That the donor’s permitted before pulling that bow.

Receptions are gifts but are permitted if they,

Aren’t a meal, regardless if served from a tray.

The exception requires that food value be nominal,

So no caviar, no matter, whether phenomenal.

City Council is preparing to hold a final vote on the Oakland Government Ethics Act after voters overwhelmingly approved a measure to strengthen the city’s Public Ethics Commission (PEC). Measure CC, a charter amendment, gives the PEC authority to enforce the city’s lobbying laws and to levy fines in excess of $1,000 for violations.

The Oakland Government Ethics Act compliments the charter amendment by providing a new set of ethics rules including a revolving-door provision and a new lower annual gift limit of $250. Gifts from persons who do business or seek to do business with the city would further be limited to $50 annually.

The council is scheduled to hold a final vote on the legislation on December 9, 2014.