September 25, 2014 •
Bipartisan Panel to Review Virginia Ethics Laws
Gov. Terry McAuliffe announced the appointment of a bipartisan panel to review state campaign finance, gift, and public disclosure laws. The panel is co-chaired by former Virginia Lt. Gov. Bill Bolling and former U.S. Rep. Rick Boucher, who represented a […]
Gov. Terry McAuliffe announced the appointment of a bipartisan panel to review state campaign finance, gift, and public disclosure laws. The panel is co-chaired by former Virginia Lt. Gov. Bill Bolling and former U.S. Rep. Rick Boucher, who represented a district in southwestern Virginia.
The governor’s announcement comes just weeks after former Gov. Bob McDonnell was convicted of corruption charges for accepting close to $200,000 of gifts in exchange for public acts.
Other topics on the table include merit selection of judges and redrawing of legislative district lines.
Gov. McAuliffe has asked the panel for a report by December 1, giving the General Assembly time to take action in 2015.
Photo of Gov. Terry McAuliffe courtesy of Kate Wellington in Wikimedia Commons.
September 12, 2014 •
Tougher Gift Limits Proposed for Arlington County
Arlington County Board member John Vihstadt is calling for tougher gift restrictions for county employees and officials. In the wake of former Virginia governor Bob McDonnell and his wife being convicted on corruption charges, Vihstadt hopes to place a $100 […]
Arlington County Board member John Vihstadt is calling for tougher gift restrictions for county employees and officials. In the wake of former Virginia governor Bob McDonnell and his wife being convicted on corruption charges, Vihstadt hopes to place a $100 yearly limit on gifts from any source.
The current Code of Ethics states officials should ensure gifts are not received in exchange for official acts and officials may not accept gifts from individuals with whom the official does business. Vihstadt, running for reelection, argues the current code only described principles of conduct rather than definite rules preventing unethical influence on public officials.
September 9, 2014 •
Ask the Experts – Disclosure Requirements for Permissible Expenditures
Q. I provided a state legislator with a permissible gift. I will be sure to include it on my next report. Is there anything else I need to know regarding proper disclosure of this expenditure. A. There are sometimes additional […]
Q. I provided a state legislator with a permissible gift. I will be sure to include it on my next report. Is there anything else I need to know regarding proper disclosure of this expenditure.
A. There are sometimes additional disclosure requirements related to an expenditure on a covered state official or employee. You should be sure to consider two possibilities: a notification to the official or a supplemental report in addition to your routine lobbying report.
A number of states have a notification requirement if you are going to list the name of a covered public official on your lobbying report. For example, Illinois actually requires two notifications. You must provide the official with a contemporaneous notification at the time of the expenditure, and a post- notification is required within 30 days after the report has been filed. In other jurisdictions, the notification is related to whether you must itemize the expenditure or list the official’s name on your report. In Arkansas, you must list the state official’s name if payment for food (including beverages), lodging, or travel is in excess of $40. Once the official is named on your report, you must provide him or her with a notification of this at least seven working days prior to the filing of your report. Pennsylvania imposes a yearly aggregate threshold on the listing of an official on the principal’s lobbying report and corresponding required notification. This threshold is $250 per calendar year for gifts and $650 per calendar year for transportation, lodging, and/or hospitality (which includes food and beverage). Please keep in mind that notifications are not filed with the state, but sent to the official named on your report.
Some jurisdictions require an additional report to be filed with the state when making certain permissible expenditures. For example, if you invite all members of a Maryland legislative unit to a meal or reception, you must extend a written invitation to all members of the legislative unit and register the meal or reception with the Maryland Department of Legislative Services at least five days before the date of the meal or reception. You must then report the details of the meal or reception to the Maryland Ethics Commission within 14 days after the date of the meal or reception. In Indiana, you must file a report within 15 days if you make a gift or gifts to a legislative person if the value of the gift or gifts equals $50 or more in one day or together totals more than $250 in a reporting year.
Proper disclosure of a permissible expenditure can include additional steps. Be sure to check with your jurisdiction’s ethics agency to ensure all disclosure requirements are met.
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.
September 9, 2014 •
Georgia Commission Prepares to Amend Rules
The state ethics commission is preparing to amend rules regarding campaign finance and lobbyist reporting. The campaign finance changes include allowing the commission to raise or lower campaign contribution limits at the end of four-year election cycles rather than every […]
The state ethics commission is preparing to amend rules regarding campaign finance and lobbyist reporting. The campaign finance changes include allowing the commission to raise or lower campaign contribution limits at the end of four-year election cycles rather than every calendar year. The rules would also clarify only contributions to candidates can trigger the $25,000 annual registration and reporting threshold for individuals or entities making contributions.
Lobbying amendments would require reporting for gifts to family of officials and permit gift splitting by multiple lobbyists so long as a single lobbyist does not exceed the $75 limits.
A public hearing on the proposed changes is scheduled for September 30, 2014.
August 25, 2014 •
California Bill to Prohibit Lobbyist Gifts Back to Senate
The Senate is considering minor amendments to a bill passed by both chambers to further restrict gifts to lawmakers. Senate Bill 1443 prohibits all gifts from lobbyists and reduces the value of gifts state officials can receive from a non-lobbyist […]
The Senate is considering minor amendments to a bill passed by both chambers to further restrict gifts to lawmakers. Senate Bill 1443 prohibits all gifts from lobbyists and reduces the value of gifts state officials can receive from a non-lobbyist source to $200 per calendar year.
Currently, lobbyists may provide gifts of $10 per calendar month and officials can receive $440 from a non-lobbyist source per calendar year. The bill also prohibits giving tickets to most entertainment events, golfing green fees, and spa treatments.
August 20, 2014 •
WA Ethics Board Votes to Allow Legislators 12 Free Meals Per Year
The Washington Legislative Ethics Board has come to a preliminary conclusion as to how to define “infrequent occasions” as it relates to free meals accepted by the state’s legislators. Section 42.52.420 of the Revised Code of Washington allows public officials […]
The Washington Legislative Ethics Board has come to a preliminary conclusion as to how to define “infrequent occasions” as it relates to free meals accepted by the state’s legislators. Section 42.52.420 of the Revised Code of Washington allows public officials to accept gifts in the form of food and beverage on infrequent occasions so long as attendance at such a meal is related to the performance of official duties.
When the Legislature failed to pass any pertinent legislation defining infrequent occasions before its adjournment on March 13, 2014, the Legislative Ethics Board took up the issue. During its August 19, 2014, meeting, the board decided in a 5-3 vote to define infrequent occasions as 12 free meals per year. Under the proposed rule, a qualifying meal occurs when the guest would normally be expected to sit down and eat, such as in a restaurant or a private residence, as opposed to a legislative reception.
Other provisions of the rule, including a reporting requirement for legislators accepting free meals, are still under discussion. A final vote on the rule is scheduled for October 21, 2014.
July 18, 2014 •
Ask the Experts – Lobbyist Gifts to Family Members of Public Officials
Q. Do gift laws preventing registered lobbyists and employers from giving gifts to public officials, also prohibit gifts to the family members of public officials? A. Generally, in states that feature a prohibition on lobbyists giving gifts to public officials […]
Q. Do gift laws preventing registered lobbyists and employers from giving gifts to public officials, also prohibit gifts to the family members of public officials?
A. Generally, in states that feature a prohibition on lobbyists giving gifts to public officials or employees, the prohibition will extend to members of the public officials’ immediate family. However, immediate family is usually a defined term and will vary by jurisdiction.
For example, Alabama law prohibits lobbyists and employers of lobbyists from offering or providing a thing of value to a public employee, public official, or family member of a public employee or public official. The state defines a family member of a public employee as a spouse or dependent. A family member of a public official is defined as the spouse, dependent, adult child and his or her spouse, spouse’s parent, and siblings of spouse and their respective spouses.
In Kentucky, the General Assembly just passed House Bill 28, which extends the prohibition on gifts to family members of legislators or candidates. Effective July 14, 2014, registered legislative lobbyists will be prohibited from giving gifts to spouses or children of legislators or candidates for General Assembly.
In Pennsylvania, gifts are also prohibited to immediate family members of public officials, employees, or candidates for public office. They interpret immediate family members to include spouses, children, parents, and siblings.
However, not all states include family members in the gift prohibitions. Minnesota’s gift prohibition applies to public officials, employees of the Legislature, and local officials, but it does not extend to their family members.
Before giving a gift to a public official or employee, you should consult the jurisdiction’s ethics commission. Do not expect officials or their family members to know the applicable laws.
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.
July 14, 2014 •
Kentucky Changes to Lobbying Gift Law Take Effect
New restrictions on legislative lobbying expenditures take effect Monday, July 14, 2014. House Bill 28 includes a “no cup of coffee rule” to eliminate the gift exception allowing legislative lobbyists to spend $100 on food and beverage for a legislator. […]
New restrictions on legislative lobbying expenditures take effect Monday, July 14, 2014. House Bill 28 includes a “no cup of coffee rule” to eliminate the gift exception allowing legislative lobbyists to spend $100 on food and beverage for a legislator.
Legislative lobbyists and their employers are now also prohibited from providing out-of-state transportation or lodging for legislators.
Employers of legislative lobbyists are prohibited from making campaign contributions during a regular legislative session and required to disclose the cost of advertising supporting or opposing legislation.
June 30, 2014 •
Amount Allowed to Spend on Louisiana Officials Increases by $1 tomorrow
On July 1, the maximum value for food, drink, or refreshment an individual may provide to an elected official or public employee in Louisiana for a single event increases from $57 to $58. This threshold value is adjusted each year […]
On July 1, the maximum value for food, drink, or refreshment an individual may provide to an elected official or public employee in Louisiana for a single event increases from $57 to $58.
This threshold value is adjusted each year by the Board of Ethics to reflect changes in the consumer price index.
June 24, 2014 •
NY Establishes Ethics Tip Line
The Joint Commission on Public Ethics has created a tip line and website allowing the public to report alleged ethical violations by state officials and lobbyists, including improper gifts, conflicts of interest, nepotism, abuse of power, and sexual harassment. To […]
The Joint Commission on Public Ethics has created a tip line and website allowing the public to report alleged ethical violations by state officials and lobbyists, including improper gifts, conflicts of interest, nepotism, abuse of power, and sexual harassment.
To report violations, call 1-800-87-ETHICS or visit http://reportmisconduct.ny.gov.
June 19, 2014 •
Ohio JLEC Issues Opinion on Tickets to Charitable Fundraisers
The Ohio Joint Legislative Ethics Committee recently issued an advisory opinion clarifying certain gift reporting requirements for members, candidates, and employees of the General Assembly. The opinion also applies to reports filed by any legislative agent providing a gift to […]
The Ohio Joint Legislative Ethics Committee recently issued an advisory opinion clarifying certain gift reporting requirements for members, candidates, and employees of the General Assembly. The opinion also applies to reports filed by any legislative agent providing a gift to a reportable person.
Advisory Opinion 2014-003 speaks to the value of a complimentary ticket to a charitable fundraiser where the source of the ticket is a third party. When provided by a third party, a complimentary ticket to a non-political fundraiser is a gift, the value of which is the portion of the ticket price that is not tax-deductible.
Furthermore, such portion accrues toward any applicable gift limit. Conversely, a ticket to a charitable fundraiser where the source is the entity holding the event is not considered a gift.
June 17, 2014 •
WA Legislative Ethics Board Considers Infrequent Occasions
Section 42.52.420 of the Revised Code of Washington allows public officials to accept gifts in the form of food and beverage on infrequent occasions. In recent months, “infrequent occasions” has come under scrutiny after a widely-read report showed the state’s […]
Section 42.52.420 of the Revised Code of Washington allows public officials to accept gifts in the form of food and beverage on infrequent occasions. In recent months, “infrequent occasions” has come under scrutiny after a widely-read report showed the state’s 50 most active lobbyists treated legislators to meals totaling more than $65,000 over a four-month period.
After the Legislature failed to pass any pertinent legislation before its adjournment on March 13, 2014, the Legislative Ethics Board took up the issue. The board held a meeting on June 17, 2014, to review proposals received from the public related to how to define infrequent occasions.
All of the proposals considered by the board would require legislators to file a report upon receiving a free meal. Stricter proposals set the dollar amount threshold for reporting the meal at $5 and the amount of free meals per year at three to five. Others set the threshold at $25 and allow 52 free meals per year. One especially ambitious proposal would require a reduction in a legislator’s per diem allowance for every free meal he or she accepts.
The board will continue to take public comment on the issue and will reconvene on August 19, 2014, to further consider public proposals.
June 10, 2014 •
California Senate Resolutions Strengthen Ethics Laws
The Senate has passed resolutions to tighten ethics laws by creating a new position of ethics ombudsman, installing protections for whistleblowers, and banning the raising of campaign funds during August, the last month of the legislative year. A bill to […]
The Senate has passed resolutions to tighten ethics laws by creating a new position of ethics ombudsman, installing protections for whistleblowers, and banning the raising of campaign funds during August, the last month of the legislative year. A bill to extend the fundraising blackout period to the Assembly fell four votes short of the two-thirds needed for approval.
The Senate also approved an amended bill to regulate travel gifts and the use of campaign funds. Senate Bill 831 initially would have barred acceptance of gifts of travel worth more than $8,000, but was amended to only require nonprofit groups paying for legislators’ travel to disclose donor information.
May 27, 2014 •
Federal Widely Attended Gathering Gift Ceiling is Now $375
In a May 23 legal advisory to federal designated agency ethics officials, the Office of Government Ethics announced it had raised the widely attended gathering gift exception ceiling for nonsponsor gifts of free attendance from $350 to $375. This revision […]
In a May 23 legal advisory to federal designated agency ethics officials, the Office of Government Ethics announced it had raised the widely attended gathering gift exception ceiling for nonsponsor gifts of free attendance from $350 to $375. This revision of 5 C.F.R. § 2635.204(g)(2) became effective May 19, 2014, when it was published in the Federal Register.
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.