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.

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.

Minister of Justice and Solicitor General Jonathan Denis recently introduced the Alberta Accountability Act to ensure high ethical standards and to enhance accountability on behalf of elected officials and public servants.

Among other changes, the legislation revises post-employment restrictions, increases consistency in conflict of interest rules, clarifies gift rules, eliminates the majority of sole-source contracts, and expands the authority for the Alberta Ethics Commissioner.

The Act passed the House and is currently awaiting Royal Assent.

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.

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.

Gov.-elect Tom Wolf, fresh off of a victorious first campaign for public office, is already taking steps to ensure the ethical conduct of his administration.

Wolf is requiring members of his transition team to sign a code of conduct including a ban on accepting gifts, one he plans to extend to the entire executive branch upon taking office.

The pledge also includes a requirement to disclose current and future conflicts of interest and a promise to not use their position for personal gain.

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

Voters passed a constitutional amendment on the November 4 ballot to extend term limits for state lawmakers in exchange for strict ethics laws for lobbyists and corporations.

The Arkansas Elected Officials Ethics, Transparency, and Financial Reform Amendment of 2014 bans corporate and union contributions to political campaigns, prohibits gifts from lobbyists to legislative and executive officials, and extends term limits for legislators to at least 16 years.

The new provision allows lawmakers to serve 16 years in the same office, or even longer for senators winning special two-year terms after each decennial census and redistricting process.

The amendment is effective today, November 5, 2014.