The Washington Legislative Ethics Board held a board meeting on October 14, 2014 to finalize rules defining “infrequent occasions” in the context of free meals accepted by state legislators. Section 42.52.150(5) 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. The Board voted unanimously to define infrequent occasions as up to 12 meals total per calendar year.

The scope of the rule is limited to food and beverage paid for by a registered lobbyist or lobbyist employer. A qualifying meal under the rule is breakfast, lunch, or dinner, regardless of cost, when the guest would normally be expected to sit down and eat, such as in a restaurant or private residence.

The Board was careful to maintain the exceptions in the Ethics Act permitting public officials to accept complimentary food and beverages at hosted receptions and in other limited circumstances.

This rule takes effect January 1, 2015.

A proposed constitutional amendment on the November 4, 2014, ballot will determine whether voters are willing to extend term limits for state lawmakers in exchange for strict ethics laws for lobbyists and corporations. Issue 3 will ban corporate and union gifts to political campaigns, ban lobbyist gifts to legislative and executive officials, and extend term limits for legislators to at least 16 years.

Under the current state constitution, lawmakers typically serve no more than six years in the House and eight years in the Senate. The ballot measure would allow 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.

Adding term limits to the bill helped the ethics package pass the Legislature, but has decreased the popularity of the ballot measure in pre-election polls.

The state ethics commission met September 30, 2014, for the first public meeting following the firing of former Executive Secretary Holly LaBerge. The commission closed 14 complaints against officials and candidates, approved three new advisory opinions, and discussed the agency’s future.

New staff attorneys Robert Lane and Bethany Whetzel have identified nearly 200 open ethics cases needing processed.

The commission will continue to consider recently drafted amendments to campaign and lobbying rules with the hope of passing the amendments by the end of the year. The amendments will clarify campaign reporting thresholds, permit gift splitting by lobbyists, and require reporting of gifts to family members of officials.

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.

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.

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.

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.

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.

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(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.

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.

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.

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.

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.

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.

Gov. Terry McAuliffe has vetoed two bills unanimously passed by the legislature designed to restrict his ability to solicit gifts and campaign contributions. The identical bills would have prevented the governor, his campaign committee, and any PAC established on his behalf from soliciting or accepting gifts or contributions exceeding $50 from any person or entity seeking loans or grants from the Governor’s Development Opportunity Fund.

The governor sent the bills back with amendments extending the rules to members of the General Assembly, but both houses rejected the amendments to their bills.

The governor argued the restrictions should extend to the General Assembly because, although he awards loans and grants from the fund, the money is appropriated by the General Assembly. Legislators responded it would be impractical to include them in the bills, because they are not privy to such high-level economic development talks or information about the parties involved.

Photo of Gov. Terry McAuliffe courtesy of Kate Wellington on Wikimedia Commons.