Q: I am a registered lobbyist in Tennessee and my employer is planning to invite the entire membership of the general assembly to an in-state reception with food and beverages provided. Is this allowed and is there anything else I should know to make sure I am compliant with state laws?

A: Yes, the event is permissible, but there are important reporting requirements to follow.

Lobbyists and employers of lobbyists may provide entertainment, food, refreshments, etc. in connection with an in-state event to which the entire membership of the general assembly has been invited. For 2023 events, the cost per person may not exceed $73 per day.

The lobbyist or employer of lobbyist must file a copy of the invitation with the Ethics Commission at least 7 days before the event and must file an In-State Disclosure form within 30 days after the event detailing the per-person and total cost of the event.

The aggregate total of all in-state events is also reported on the semi-annual lobbyist employer reports.

Proper gift disclosure can involve more than simply including the gift on your normal lobbying disclosure report. It is always a good idea to check the jurisdiction’s specific disclosure requirements on our website prior to giving a gift.

The Tennessee Bureau of Ethics and Campaign Finance has increased the lobbyist expenditure gift limit from $65 per event to $73.

The annual limit from lobbyist employers has also increased from $130 during a calendar year to $147.

The bureau is required by law to increase the limit every two years.

The law became effective January 16, 2023.

South Dakota Secretary of State Steve Barnett published the 2023 annual limit for lobbyist gifts to public officials.

The annual cumulative value is adjusted each year based on the change in the consumer price index for urban wage earners and clerical workers in the preceding year.

The change for 2021 was a 7% increase from the current limit of $107.92, making the newly adjusted cumulative gift limit $115.47.

No public official and no member of the immediate family of a public official may accept from any lobbyist or principal any gifts with a cumulative value greater than $115.47 during the 2023 calendar year.

Michigan lawmakers introduced several new bills proposing fundamental changes for lobbying disclosure and gift laws.

Senate Bill 963 requires lobbyists to file monthly reports instead of the current schedule of twice a year. The bill also includes a two-year revolving door ban for members of the Legislature.

House Bill 5926 amends the definition of lobbying to include partisan legislative employees in the list of covered officials.

House Bill 5927 implements a gift ban, prohibiting a public official or his or her immediate family member from directly or indirectly soliciting, agreeing to accept, or accepting anything of value from a lobbyist or lobbyist agent.

The San Francisco Ethics Commission will hold a special remote meeting Friday, February 25, at 10 a.m. to discuss proposed amendments to the city’s gift and ethics laws.

The meeting will focus on amendments to expand the definition of who is a restricted source and whether the giver of an unlawful gift should be subject to penalties.

The proposed amendments clarify and remove exemptions to the gift prohibition.

If the Ethics Commission passes an ordinance by a four-fifths vote before the next general election, the commission may place the ordinance on the ballot.

The cap for how much Louisiana’s lobbyists can spend to wine and dine public officials is edging higher July 1.

With the start of the new state budget year, the limit lobbyists can spend on food and drink for state lawmakers, other elected officials and public employees is increasing from $63 to $65 per person, per occasion.

The Louisiana Board of Ethics, which oversees the lobbying spending restrictions, made the adjustment to take effect with the latest state fiscal year.

The lobbying cap enacted more than a decade ago started with a $50 limit. But the 2008 law allows annual adjustments tied to increases in the federal Consumer Price Index for food and beverages. That index rose 3.8% in the last year, according to the ethics board.

The North Dakota Ethics Commission has proposed a limited food and drink exception to the rules banning gifts between lobbyists and public officials implemented last year.

The proposed rule change adds an exception for food or beverage with a value of $10 or less, excluding gratuity, purchased for a public official in conjunction with an informal social and educational event.

The purchased food and beverage must be consumed during the event and a state resident must be present, but is not required to be the purchaser of the food or beverage.

The revised rules also define informal social and educational event as any meeting, session, or interaction occurring within the state between a public official and a state resident, including but not limited to a registered lobbyist who is a state resident, for the purpose of informing or educating the public official on a matter of interest or concern.

The proposed rule changes are open to public comment through July 9.

The Vermont General Assembly adjourned sine die on May 21.

Due to COVID-19 restrictions, the 2021 legislative session was conducted remotely.

During the session, lawmakers failed to pass proposed ethics bills including House Bill 64 prohibiting gifts to legislators from lobbying entities.

Lawmakers are expecting to lift all COVID-19 restrictions by the summer and resume an in-person legislative session for 2022.

On October 1, the Joint Commission on Public Ethics (JCOPE) announced the final draft of Advisory Opinion 20-02, providing guidance to identify the permissibility of a gift to a third party at the direction of or on behalf of a public official.

Statutes and regulations presumptively prohibit a gift to a public official from an interested source or gifts to a third party solicited by a public official or an intermediary.

Advisory Opinion 20-02 allows the presumption of impermissibility to be overcome by taking into account specific situations including: the nature or purpose of the gift; nature of the donor’s pending business with the official; and prior history of gifts to the cause or third-party organization.

JCOPE will determine whether a gift violates the law or overcomes the presumption on a case-by-case basis.

The Hawaii State Ethics Commission has rescheduled its public hearing on proposed administrative rules concerning amendments to state lobbying and gift laws for May 7.

Due to COVID-19 concerns, the original date of March 19 was postponed.

The proposals include:

• Clarifications as to what activities constitute lobbying
• Exclusions from lobbyist registration requirements
• A requirement that expenditures be reported on an accrual rather than cash basis

Additionally, the proposals would amend prohibitions on certain kinds of gifts, valuation of gifts, and gift disclosure statements.

Due to COVID-19 concerns, the Hawaii State Ethics Commission has postponed its public hearing on proposed administrative rules concerning amendments to state lobbying and gift laws scheduled for March 19.

While a new date has not been established, the ethics commission indicated the public hearing will likely take place in early May.

The proposals include:

• • Clarifications as to what activities constitute lobbying
  • Exclusions from lobbyist registration requirements
  • Requirements that expenditures be reported on an accrual rather than cash basis

Additionally, the proposals amend prohibitions on certain kinds of gifts, valuation of gifts, and gift disclosure statements.

The Hawaii State Ethics Commission will hold a public hearing on its proposed administrative rules on March 19.

These proposals will include amendments to the state lobbying and gift laws.

The committee will also review changes to Title 21, addressing procedures such as issuing advisory opinions.

Decisions on the proposed rules will either take place at the conclusion of the public hearing or at a properly noticed meeting of the ethics commission.

City Council President Brandon Scott introduced a proposed ordinance in an attempt to close a loophole regarding gifts to elected officials from lobbyists and persons doing business with the city.

Council Bill 20-0483 will prohibit elected officials and their staff from accepting gifts from not only anyone they know to be a lobbyist, but also anyone they reasonably should know to be a lobbyist.

Like current gift restrictions, this prohibition will also extend to those doing business with the city, engaging in regulated activity, or having a financial interest in the performance of an elected official’s duties.

Sen. Dan Hegeman, a Republican from Cosby, is sponsoring a Joint Resolution for a constitutional amendment which would ban all gifts from lobbyists or lobbyist principals.

Additionally, the bill will reduce contributions made to or accepted by any candidate or committee from $2,500 to $2,000.

The proposed constitutional amendment also repeals the redistricting system approved by voters in 2018 through Amendment 1.

If passed, the proposed amendment would be voted on by the state on November 3, or at a special election to be called by the governor for that purpose.