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.

Missouri Attorney General Chris Koster will no longer accept campaign contributions from anyone under investigation by his office. He will also refuse to accept contributions from lobbyists, lawyers, or law firms who represent them. In addition, he will no longer take gifts of any value from registered lobbyists.

Koster announced the self-imposed policy last week after a New York Times report alleged he was influenced by lobbyists and campaign donations.

Attorneys general from around the country are now also considering possible voluntary changes in ethics policies.

On December 1, 2014 Bill Walker will be sworn in as Alaska’s governor. If you are planning involvement in inaugural events, be aware of the gift and campaign finance laws.

Lobbyists and non-lobbyists may provide legislators with tickets or contributions to a preapproved charity event with an annual aggregate value of less than $250.

Executive branch officials are prohibited from accepting gifts that may improperly influence the official. A gift from a lobbyist to a public official or to an immediate family member is presumed to be intended to influence the performance of official duties unless the giver is an immediate family member of the person receiving the gift. Occasional gifts of $50 or less from a non-lobbyist are presumed not to improperly influence.

Corporate contributions are prohibited in Alaska. Additionally, candidates are unable to use campaign funds for inaugural expenses until they receive an opinion from APOC designating inaugural activities as reasonably related to their political campaign. Use caution if asked to make contributions for inaugural events.

Hawaii’s Governor-Elect, David Ige, is scheduled to be inaugurated on December 1, 2014. There are several things to keep in mind if you are considering involvement in inaugural events.

In Hawaii neither lobbyists nor non-lobbyists are permitted to provide event tickets to state legislators or employees.

If you intend to make a contribution to defray inaugural expenses, keep in mind contributions made or accepted for that purpose are subject to ordinary contribution limits. Individuals, partnerships, noncandidate committees, parties, associations, corporations, business entities, organizations, and labor unions may contribute up to $6,000 per election period to a candidate for a four-year statewide office.

For the offices of governor and lieutenant governor, the four-year contribution period ended on election day. Contributions made to a candidate’s committee on or after November 5, 2014, will count towards the 2018 election period limits.

The ethics panel recently assembled by Gov. Terry McAuliffe has assembled its recommendations for reforming laws covering gifts and conflicts of interest. The panel recommended a $250 gift limit to public officials as well as creating a new ethics review commission with the power to investigate complaints and hand out penalties for violations.

Other recommendations include requiring electronic filing of disclosure forms and prohibiting board and commission members from voting on matters affecting their interests.

The panel will formally submit its recommendations to the governor on December 1.

Lawmakers have prefiled a bill to clarify new ethics laws contained in a constitutional amendment passed by voters on November 4, 2014.

The amendment prohibits lobbyist gifts and corporate contributions, but the Ethics Commission needs further legislative authority to enforce the constitutional changes.

Democratic Rep. Warwick Sabin and Republican Sen. Jon Woods filed House Bill 1002 as a shell bill, without any specific proposals, to publicize the issue ahead of the session start date on January 12, 2015.

Photo of the Arkansas State Capitol by jglazer75 on Wikimedia Commons.