Q: Our company is a registered lobbyist employer in many states, and we regularly do business with universities. Can my company give gifts to university officials and employees?

A: Gifts to university officials and employees fall under the purview of state ethics laws in a majority of states.  Additionally, universities will often have more restrictive gift policies with respect to vendors. It is especially important to understand what your company can and can’t do at this level, because university employees (especially professors) are sometimes unaware of potential restrictions. Potential penalties can include loss of contracts with a university and/or state fines. Further, if your company is registered as a lobbyist employer, some gifts will need to be disclosed on appropriate reports.

The first step to determine whether a gift to a university official or employee will be permissible is to determine the scope of a state’s gift restrictions…

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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 email us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need. Our replies are not legal advice, just our analysis of laws, rules, and regulations.

On March 10, Gov. Dennis Daugaard signed a series of bills aimed at replacing ethics and campaign finance laws after the repeal of Initiated Measure 22.

Among the bills signed into law, Senate Bill 131 prohibits elected officers and officials from lobbying in the two-year period after termination of service in the state government.

House Bill 1073 was approved to set a $100 annual cap on gifts from lobbyists to elected officials. House Bill 1073 also defines “gift” to exclude food, beverages, and entertainment.

The Governor also signed House Bill 1076, establishing a government accountability board.

The Governor is expected to approve other pending Initiated Measure 22 replacement bills. The pending bills currently on the Governor’s desk include Senate Bill 54 to revise campaign finance limits and disclosure requirements and Senate Bill 171 to establish a government accountability task force to study campaign finance.

Denver City Council approved legislation on Monday amending the city gift rules. Council Bill No. 16-1202 establishes a $300 annual limit on meals, tickets, or free or reduced price admissions from persons or donors with a city interest.

Officers, officials, and employees may accept meals, tickets, or free admission to events regardless of the annual cap if the meals are provided to all attendees at a public meeting and consumed while the meeting is in progress.

The $300 limit also excludes meals provided to all members of any governmental, civic, or non-profit board if the officer, official, or employee is a member and if the meals are consumed in conjunction with any meeting of the board.

Finally, the limit excludes tickets or free admission offered by a charitable or other non-profit entity hosting the event and not by any third party.

The bill will be forwarded today to the mayor for approval and to the city clerk and recorder for attestation; it is effective tomorrow, March 8.

On Tuesday, the House unanimously passed House Bill 1073.

The bill seeks to ban lawmakers from accepting gifts from lobbyists exceeding $100 in value per year.

Lawmakers advanced HB 1073 in response to the recent repeal of Initiated Measure 22, which left the state with no limit on gifts lawmakers could accept from lobbyists.

The bill is now headed to the Senate for consideration.

On Tuesday, Phoenix City Council voted unanimously to move forward with creating a bipartisan ethics commission. The commission would screen allegations and recommend penalties for city officials who violate the city’s gift policies and other related rules.

Under a plan laid out by a City Council member, potential commissioners are screened by a city board and ultimately appointed by City Council. Phoenix’s current ethics rules are unenforceable as the city lacks a mechanism for investigating ethics complaints and recommending punishment.

This is not the first time Phoenix has attempted to create an ethics commission; previous attempts have been unsuccessful in part due to concerns about the commission becoming a political attack tool.

City Council will still need to approve a final ordinance in order to establish an ethics commission. A final vote on the matter is expected this spring.

The Colorado Independent Ethics Commission recently issued a position statement notifying home-rule municipalities of its intent to consider ethics complaints against local officials and employees if their local ethics codes are less restrictive than state law.

Constitutional Amendment 41, passed by voters in 2006, sets a $59 (adjusted for inflation) gift limit for public officers, legislators, local government officials and government employees as well as for their spouses and dependent children. More than 70 municipalities, however, are designated as home-rule and, therefore, can adopt local ethics rules in lieu of state law. In addition to the opt-out provision, there is also a provision allowing other local governments to adopt stricter ethics rules.

According to the commission, the constitutional provision permitting local governments to enact more stringent rules still applies to those home-rule municipalities choosing to opt out of the state law provisions.

Critics of the position statement, including Colorado Ethics Watch and Colorado Common Cause, believe the commission is misinterpreting Amendment 41; local governments with home-rule powers should be permitted to opt out if they adopt local laws covering the same ground. They dispute any interpretation wherein Amendment 41 simultaneously applies to and does not apply to home-rule municipalities with adopted ethics rules.

City attorneys throughout the state are currently taking no action while the Colorado Municipal League looks at potential legal options.

A Missouri ethics bill, being fast-tracked through the House, cleared committee yesterday with just three dissenting votes.

The bill would prohibit legislators from receiving certain gifts from lobbyists. Exemptions to the proposed ban would include honorary plaques, flowers and gifts customarily received by someone before they became a legislator.

The bill is just one of a handful of ethics bills on the legislative agenda. The measure could hit the House floor as early as Thursday.

Republican Attorney General Josh Hawley implemented a new ethics policy on Tuesday, January 10. His employees are now prohibited from accepting gifts from lobbyists.

The policy also prohibits staff from discussing business of the attorney general’s office with anyone attempting to lobby on behalf of a client, unless such person is a registered lobbyist. This includes licensed attorneys who fall within the scope of state lobbying law.

Hawley’s policy also establishes a pay-to-play provision prohibiting campaign contributions from those who have applied for or who have pending state contracts if the attorney general’s office has decision-making authority over the contract. Hawley’s ethics policy is effective immediately.

Sen. Mike Delph introduced a bill prohibiting Indiana legislators from accepting gifts from lobbyists. The gift ban would include any property with value, including sporting event tickets and anything classified as entertainment.

Along with the gift ban, the bill would require lobbyists to keep a log of all communication between a lobbyist and legislator, or employees of the general assembly, about a legislative matter. The log would be public record and filed weekly. If passed, the bill would be effective January 1, 2018.

On January 1, new changes to regulations concerning gifts for federal employees took effect.

Among the changes the Office of Government Ethics (OGE) made to the federal regulations include a non-binding recommendation employees “consider declining otherwise permissible gifts if they believe that a reasonable person with knowledge of the relevant facts would question the employee’s integrity or impartiality as a result of accepting the gift.”

Additionally, federal officials who are required to be granted permission to attend “widely attended events” must now seek the permission in writing.

The $20 threshold for accepting a gift remains the same.

Denver City Council is one step closer to adopting amendments to the city ethics code. Proposed ethics reform would amend lobbyist and gift disclosure rules and increase transparency.

Council recently discussed a new dollar limit on event tickets from any donor with a city interest, and proposed making all public official gift disclosures and lobbying reports available online. Such proposals are set for a final vote on January 3.

In a separate proposal, Councilman Kevin Flynn is also seeking to amend ethics laws and set a $300 annual limit on tickets or event admissions from donors with city interests. His proposal could be considered by council late next month.

Today, a new chapter of New Hampshire’s ethics laws came into effect.

Chapter 14-C of the New Hampshire Revised Statutes concerns gifts, honorariums, and expense reimbursements requirements for legislators and legislative employees. Legislators and legislative employees can receive gifts not having a value greater than $50 and not having an aggregate value greater than $250 from any single source during any calendar year. The law defines a legislative employee as any person employed by the legislative branch.

House Bill 458, which enacted the chapter, also amended portions of other sections of state law, including a provision requiring lobbyists to affirm having read the newly enacted chapter upon registration.

A contentious meeting of the Broward County Commission has resulted in a new code of ethics law for the county. The new law bars county commissioners and family members from accepting lobbyist gifts. It also establishes a new Office of Inspector General.

For more coverage of this breaking news:

“Broward Ethics Reform Passes After Shouting Match,” by Carey Codd at CBS 4.

“Gnashing of teeth, tongue-lashing, and ethics reform,” by Brittany Wallman in the South Florida Sun Sentinel.