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.

Wichita City Council members will no longer be left to police themselves on ethics violations after passing a long-awaited and much-debated policy on May 11.

The ethics policy sets gift limits for elected and appointed city officials for the first time in city history.

It applies to all city board appointees and council members.

The new policy creates a seven-member Ethics Advisory Board to investigate and rule on ethics complaints.

City officials could be censured or fined up to $1,000 for serious violations.

Lesser offenses would require an official to undergo ethics training.

It also offers whistleblower protection to city employees who report violations.

The City Council also kept in place a 63-year-old ethics ordinance prohibiting favorable treatment to “friends,” a word council members struggled to define last month before scrubbing it entirely from the new policy.

After the vote May 11, the City Council now has two ethics codes: a city law, which has been in place since 1958, and a new City Council policy.

Keeping the ordinance in place will be a helpful transition until the council appoints an Ethics Advisory Board and an ethics officer to lead the board.

Related to gifts, the new policy caps what city officials can receive at $150 a year from a specific donor, with some exceptions.

Additionally, any gifts more than $50 must be reported annually.

The policy carves out exemptions to what is considered a gift, allowing city officials to accept unlimited gifts in the form of food and event admission from any nonprofit organization, political or policy-based group, educational institution, community development or faith-based organization.

Those gifts could include anything from free tickets to college sporting events to golf tournaments.

City officials covered by the policy are also entitled to unlimited free meals “when their presence is requested to attend a meeting or event.”

On November 15, the California Fair Political Practices Commission approved proposed regulations to make biennial cost of living adjustments to campaign contribution and gift limits that will apply from January 1, 2019 through December 31, 2020.

The proposed regulations would change the gift limit from $470 to $500 and make increases to campaign contribution limits for candidates.

Adjusted contribution limits for gubernatorial candidates would increase from $29,200 to $31,000.

On Nov. 17, California’s Fair Political Practices Commission (FPPC) approved regulations to make biennial cost of living adjustments to campaign contribution and gift limits that will apply from Jan. 1, 2017, through Dec. 31, 2018.

The newly amended regulations change the gift limit from $460 to $470 and makes increases to campaign contribution limits.

Sen. Todd Kaminsky and Representative Charles Lavine have introduced a new bill which would amend the penal law relating to unlawful giving. Senate Bill 8169 would close a loophole allowing public officials to receive or give gifts or benefits in excess of $3,000 simply because of their official position.

The bill does not affect campaign contributions, which are already monitored by the Board of Elections.

The legislation is a response to the recent Supreme Court decision in McDonnell v. The United States, which permits officials to receive lavish gifts so long as the gifts are not exchanged for promises to perform governmental acts.

Q. In what ways are my company and I allowed to get involved in the 2016 national party conventions?

A. The opportunities for individuals and companies to involve themselves in this year’s party conventions are legion, but caution must be exercised to avoid running afoul of the many intersecting laws governing your interaction with the delegates and other officials in attendance as well as the committees putting on the conventions.

Convention delegates and those seeking selection as delegates are subject to the federal contribution rules, which means corporations, labor organizations, foreign nationals and businesses, and federal contractors are not permitted to make contributions. However, those permitted to contribute may do so without limits. Delegates who are public officials are subject to the gifts laws governing the office they hold. In other words, federal officials are subject to federal gift laws, state officials are subject to state gift laws, and local officials are subject to any state and local laws applicable to their office.

Individuals and organizations seeking to become involved with the conventions may contribute to the convention host committees. The host committees are nonprofit organizations set up to encourage commerce in and project a favorable image of the convention city. Organizations and individuals may donate money and make in-kind donations to the host committee to defray the costs of the convention, including costs related to promoting the city and welcoming attendees, providing information and samples to attendees, administrative expenses, providing the use of convention facilities, transportation, law enforcement, hotel rooms, accommodations and hospitality for party site selection groups, and for other convention-related facilities and services.

Convention committees are related to the national party organizations and therefore federal campaign finance laws apply. As a result, direct and in-kind contributions using funds from a corporation, labor organization, foreign nations and businesses, and federal contractors are prohibited. Goods and services may be provided to the national committee in the ordinary course of business. Obviously, it’s quite important to distinguish the host committees from the convention committees. Thankfully, both host committees, the Cleveland 2016 Host Committee and the Philadelphia 2016 Host Committee, use the word “host” in their official names.

The national party conventions represent high profile ways to gain exposure both personally and for your organization. This high profile is also why compliance with the rules governing your dealings with committees, delegates, and attendees is so important.

You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: experts@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.

Today, amendments to a Municipal Securities Rulemaking Board (MSRB) conflict-of-interest rule concerning gifts and gratuities take effect. MSRB Rule G-20 includes restrictions limiting gifts to $100 for municipal advisors giving gifts to employees of entities engaged in municipal securities activities. Municipal advisors are also prohibited from receiving reimbursement of entertainment expenses from the proceeds of an offering of municipal securities. The rule is intended to protect against improprieties and conflicts of interest arising when regulated entities give gifts related to the municipal securities or municipal advisory activities of the recipients’ employers.

The Legislative Ethics Board in Washington clarified its rule on free meals for legislators, which became effective January 1, 2015. At its December meeting, the board considered whether the rule should have more flexibility in its application in certain circumstances.

The board determined the following based on its discussion: annual, sit-down complimentary dinners to which all legislators are invited during a legislative session are not the type of dinners sought to be limited by the rule; when complimentary lunch is served at a city council meeting that is open to the public, such meal does not count toward the 12 free meals permitted under the rule; annual, sit down lunches hosted by business associations who employ lobbyists do not count against the 12 free meals permitted under the rule because such lunches are permissible under a separate exemption to the state gift ban; and potluck meals held as a result of a social relationship between a legislator and a lobbyist where the purpose of the meal is not to discuss legislative business do not count against the 12 free meals permitted under the rule.

Photo of the Washington State Capitol building by Nikopoley on Wikimedia Commons.

Commissioners, by a count of 5-4, voted to loosen the strict gift limits imposed by the county ethics ordinance. Enacted in 2010, the ordinance created a no-gift rule, prohibiting city and county officials from accepting even a bottle of water at an event.

The new rules allow gifts, including non-alcoholic beverages, worth less than $5 and create an exception for gifts of sympathy. Other changes include the burden of reporting lobbying contact shifting away from the public official to the lobbyist and immediate family members may now act as government vendors.

Proponents lauded the changes, stating the zero-tolerance rules created a trap whereby government officials and employees could inadvertently violate the code.

A proposed constitutional amendment has been submitted to appear on the November 2016 ballot.

This measure, titled The Voters’ Right to Know Act, would increase campaign finance disclosure requirements and eliminate gifts to public officials from certain entities.

The act is designed to remove the “dark money” loopholes of nonprofit contributors by requiring anyone contributing $10,000 or more to be identified if that money winds up supporting a political effort. It also calls for updating and improving the electronic reporting system, clearer disclosure of contributors on television ads, and stronger penalties for violators.

The act also would ban gifts to public officials from lobbyists and lobbyist employers. The monetary limit on gifts to public officials from individuals would be lowered to $200 from the current amount of $460.

Backers of this proposition hope it will lead to greater transparency and encourage greater engagement from all voters.

The state Ethics Commission is discussing how to administer new lobbying and campaign laws signed by Gov. Asa Hutchinson. Senate Bill 967 (now Act 1280) limits lobbyists to one “planned activity” per week and provides a 30-day grace period for officials to return improper gifts. Political contribution limits from individuals and PACs to a candidate have been raised from $2,000 to $2,700 per election.

Act 1280 also authorizes the commission to oversee new ethics laws contained in a constitutional amendment passed by voters in 2014. The amendment prohibited lobbyist gifts and corporate contributions, but did not provide the commission authority to administer the constitutional changes.

Earlier this year lawmakers passed House Bill 1002 (now Act 47), but that law only authorized the commission to issue advisory opinions concerning the amendment.

Act 1280 further provides the commission with statutory authority to administer the changes by issuing rules and investigating complaints. Act 1280 became effective upon Hutchinson’s signature.

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.

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.