May 10, 2013 •
Ask the Experts – Providing Gifts to Public Officials
Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.
Q. My company is involved in an event where a meal and other gifts may be provided to public officials. How do I know if this is permissible?
A. You must consider a number of issues any time you want to provide a gift to a public official. In addition to consulting your company’s policies, you should answer the following questions:
- Is it a gift? States often have exceptions to the definition of gift. Arizona does not consider an expenditure for food, beverage, travel, or lodging to be a gift under state law. A number of states do not consider things of value provided on the basis of a personal relationship or items of de minimis value to be gifts.
- Who is the giver? Lobbyists are often subject to more stringent gift restrictions than non-lobbyists. Florida prohibits any gifts from lobbyists to state officials and employees with very few exceptions. However, if you are not registered as a lobbyist, you are permitted to give any gift if it is not given to influence any official action. California imposes different gift limits; the limit is $10 or less per month for lobbyists and $440 or less per year for non-lobbyists. Additional restrictions could apply if your company is a state contractor. Connecticut does allow limited gifts from lobbyists and non-lobbyists. However, state contractors must certify no gifts were made under certain circumstances.
- Who is the recipient? The permissibility of a gift can depend on the branch of government or the seniority of the official or employee. Maryland legislators may only accept food and beverage from lobbyists in very limited circumstances. Executive branch officials may accept food and beverage if they are in the presence of the lobbyist. Delaware only restricts cabinet secretaries, division directors, and the governor’s professional staff from accepting gifts from lobbyists.
If you are anything less than 100% sure a gift is permissible, consult the state’s ethics agency. Do not ask the official or employee involved! He or she may not be familiar with the nuances of the state’s gift law.
You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: marketing@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.
May 9, 2013 •
Indiana Governor Signs Legislative Lobbying Law
Enrolled Act 1222 changes regulations for registration and reporting
Governor Mike Pence has signed a bill to change legislative lobbying regulations. Enrolled Act 1222 expands the definition of lobbying to include communications with any employee of the legislative branch and requires lobbyists to file registration statements and activity reports electronically.
The bill also increases the annual lobbyist registration fee from $100 to $200 and makes the lobbyist registration year match the current lobbyist reporting periods. Lobbyist registration statements issued for 2013 will expire November 1, 2013.
Most of the bill’s provisions become effective July 1, 2013.
May 9, 2013 •
Legislation We Are Tracking
More than 1,000 legislative bills
At any given time, more than 1,000 legislative bills, which can affect how you do business as a government affairs professional, are being discussed in federal, state, and local jurisdictions. These bills are summarized in the State and Federal Communications digital encyclopedias for lobbying laws, political contributions, and procurement lobbying, and can be found in the client portion of the State and Federal Communications’ website.
Summaries of major bills are also included in monthly e-mail updates sent to all clients. The chart below shows the number of bills we are tracking in regards to lobbying laws, political contributions, and procurement lobbying.
May 9, 2013 •
Thursday News Roundup
Here are some great articles for today’s government relations news summary:
Lobbying
“Lobbyists Snag Top Staff Positions on Capitol Hill” by Lee Fang in The Nation.
Tennessee: “Tom Ingram faces possible fine for failing to register as lobbyist” by Tom Humphrey in the Knoxville News.
Texas: “Lobbyist transparency bill sent to Perry” by The Associated Press in the Houston Chronicle.
Campaign Finance
FEC commissioners speak: “Hard truths of campaign finance” opinion piece by Donald F. McGahn, Caroline Hunter and Matthew Petersen in Politico.
“Why Big Money Still Won in 2012” by Jonathan Backer in the Huffington Post.
Alabama: “Bill before House today repeal state limit on corporate campaign contributions; Lawmaker says it’s a ‘pretend’ cap” by Kim Chandler in the Birmingham News.
New Jersey: “Lawmakers Get Cold Feet About Campaign Finance” by Hank Kalet in NJ Spotlight.
New York: “Carlucci, other senators study plans for campaign finance reform” by Laura Incalcaterra in the Journal News.
Ethics
New York: “Ex-lawmaker to be sentenced in NYC in fraud case” by The Associated Press in the Arizona Daily Star.
Political Advertising
“House Backs Updating Rules on Political Ad Disclosures” by Becca Aaronson in the Texas Tribune.
Government Tech and Social Media
“Ohio City Deploys 2-in-1 Email and Social Media Archiving” by Sarah Rich in Government Technology.
Procurement
“Most Top Contractors Increased Business With Federal Government in 2012” by Eric Katz in Government Executive.
May 8, 2013 •
Wednesday Government Relations News
Here is our roundup of the latest articles on lobbying, campaign finance, ethics, and more!
Lobbying
“K Street firms fear backlash from new scrutiny of political intel work” by Kevin Bogardus in The Hill.
“Dicks joins D.C. lobbying firm” by Jim Brunner in the Seattle Times.
“Congress Members Sprinting for Money to Lobbying After Election” by Jonathan Salant in Bloomberg BusinessWeek.
Delaware: “Del. House approves lobbying reform bill” by Randall Chase (Associated Press) in the News Times.
District of Columbia: “In D.C. Circuit, Lobbyists Fight Obama Lobbying Ban” by Andrew Ramonas in the Blog of Legal Times.
Tennessee: “Lobbyist On Payroll Of Both Governor, Special Interests” by Ben Hall on WTVF News.
Campaign Finance
“RNC urges Supreme Court to strike campaign-finance limits” by Sam Baker in The Hill.
“SEC Considering New Rule for Political Contributions by Public Companies” on PBS Newshour.
Arizona: “Senate lawmakers move to overhaul public financing” by The Associated Press in the Arizona Daily Sun.
Colorado: “Colorado Supreme Court hears 1st Amendment challenge to campaign finance law” by Matt Arnold in the Examiner.
New York: “Public Hearing in Albany Is Held Without the Public” by Thomas Kaplan and Jesse McKinley in The New York Times.
Vermont: “House OKs cap on donations to super PACs” by Peter Hirschfeld in the Rutland Herald.
Ethics
North Carolina: “9 Investigates: Needed changed in NC Ethics Commission operations” by Jim Bradley on WSOC TV News.
South Carolina: “SC Senate panel advances ethics reform” by Seanna Adcox (Associated Press) in the Spartanburg Herald-Journal.
Open Data
“A New Home for Data on Politics and State Governments” by Sarah Lai Stirland in TechPresident.
May 7, 2013 •
Tuesday Lobbying and Campaign Finance News
Keep up with the latest government relations news with these articles:
Lobbying
“The Bottom Line” in The Hill.
“Anne Northup joins Rudy Giuliani’s lobbying firm” in the Courier-Journal.
Delaware: “Del. House to vote on lobbying reform bill” by The Associated Press in the San Francisco Chronicle.
Minnesota: “MN local governments spend $1.1 million on lobbying Washington” by Tom Steward in Watchdog.org.
Campaign Finance
New Jersey: “Lawmakers introduce bill to overhaul NJ’s campaign finance laws” by David Levinsky in the Burlington County Times.
New York: “Group cites 100,000 NY campaign finance violations” by The Associated Press in The Wall Street Journal.
Vermont: “Lawmakers take up controversial campaign finance bill” by Terri Hallenbeck in the Burlington Free Press.
Ethics
California: “FPPC proposes $2,500 fine related to Chris Kelly’s 2010 AG bid” by Torey Van Oot in the Sacramento Bee.
California: “Ex-state Sen. Michael Rubio fined for not reporting home sale” by Patrick McGreevy in the Los Angeles Times.
Colorado: “Colorado ethics panel: Scott Gessler can have criminal defense fund” by Joey Bunch in the Denver Post.
Delaware: “Man serving federal time for campaign finance scheme expected to plead guilty in Del. case” by The Associated Press in The Washington Post.
New York: “CSEA seeks ethics probe” by James M. Odato in the Albany Times Union.
New York: “N.Y. senator charged with stealing funds for failed campaign” by Jessica Dye in Reuters.
Texas: “Bill Banning ‘Double Dipping’ Dies in Committee” by Jay Root in the Texas Tribune.
May 6, 2013 •
Georgia Governor Signs Lobbying and Campaign Finance Bills
House Bill 142 and House Bill 143 become new ethics law
Governor Nathan Deal signed two pieces of ethics legislation aimed at increasing public confidence in state government on May 6, 2013. House Bill 142 restores rulemaking powers to the Georgia Government Transparency and Campaign Finance Commission, clarifies and modifies classification as a lobbyist, and sets a gift limit of $75 per lobbyist gift.
House Bill 143 requires more campaign transparency for local races and allows for public notice of any campaign contributions given to members of the General Assembly leading up to the start of the legislative session. The bills become effective January 1, 2014.
May 6, 2013 •
Monday News Roundup
Let’s start off the week with these lobbying, campaign finance, and ethics news articles:
Lobbying
“Why Lobbying Is Now Increasingly In The Shadows” by Peter Overby on NPR.org.
“Quarterly Lobbying Reports Show Yet Another Decline” by Russ Choma in OpenSecrets.org.
Kansas: “74% of lobbyist spending on Kansas lawmakers unaccounted for” by Dion Lefler and Brent Wistrom in the Kansas City Star.
New Mexico: “Lawmakers raise concerns about Carruthers’ lobbyist past” by The Associated Press in the Santa Fe New Mexican.
Campaign Finance
“States’ Seek to Limit Undisclosed Political Donations” by Matea Gold, Chris Megerian and Mark Z. Barabak in Governing.
Montana: “Montana governor vetoes campaign finance, water commission bills” by The Associated Press in the Missoulian.
New York: “Senate GOP Hearings Will Examine NYC’s Public Campaign Financing System” by Karen DeWitt on WNYC.
New York: “Bill Would Bar Political Consultants From Also Lobbying” by Ken Lovett in the New York Daily News.
North Carolina: “Poll shows NC voters want to retain campaign finance law for statewide judges” in the News & Observer.
Ethics
Pennsylvania: “Baker’s bill adds much-needed transparency” by Robert Swift in the Citizens’ Voice.
South Carolina: “SC Senate Ethics Committee adds altering documents to ethics allegations against Sen. Ford” by Seanna Adcox (Associated Press) in The Republic.
South Carolina: “SC ethics reform proposal will see ‘substantial’ changes in Senate” by Jamie Self in The State.
Virginia: “Va. cabinet member discloses taking gifts” by The Associated Press in the Virginian-Pilot.
Redistricting
North Carolina: “Dome: Study finds – surprise! – redistricting benefits majority party” by Craig Jarvis in the News & Observer.
May 2, 2013 •
Thursday News Roundup
Here are some great articles for today’s government relations news summary:
Lobbying
California: “California lobbying firms make $40.1M in first quarter” by Kathy Robertson in the Sacramento Business Journal.
Illinois: “Evaluating Municipal Lobbying Data: Chicago” by Alisha Green in the Sunlight Foundation blog.
Campaign Finance
“Billionaire’s son pushes for campaign-finance overhaul” by Brian Tumulty in USA Today.
Arizona: “Horne campaign finance case puts contribution limits at risk” by Howard Fischer in the Arizona Daily Sun.
Florida: “Ramba: Campaign-finance reform will just shuffle paper work” by Aaron Deslatte in the Orlando Sentinel.
Missouri:
Missouri: “Senate bill would limit campaign contributions” by Jonathan Shorman in the News-Leader.
New York: “WATCH LIVE: Senate IDC hosts hearing on campaign-finance reform” by Jon Campbell in Politics on the Hudson.
Ethics
Connecticut: “Malloy’s trip on People Magazine’s dime raises questions” by Ken Dixon in the Connecticut Post.
North Carolina: “NC elections board gets new chair, exec director” in the Daily Dispatch.
New York: “Director leaving high-profile NY ethics commission” on CBS Albany News.
Pennsylvania: “Gov. Corbett discloses gifts, free travel for 2012” by The Associated Press in the Patriot-News.
Pennsylvania: “9 members of Congress from Pa. cited in nepotism report” by Melissa Daniels in The Reporter.
From the State Legislatures
“Elections—and Rules—Have Consequences” by Karen Shanton in NCSL’s The Thicket.
Indiana: “Indiana Governor Mike Pence doesn’t rule out vetoes of legislative bills” in the Courier-Journal.
Louisiana: “House committee shoots down effort at term limits for statewide elected officials” by Jeff Adelson in the Times-Picayune.
Government Tech and Social Media
“YouTube goes to Washington” by Seth Rosenblatt in CNET News.
May 1, 2013 •
South Carolina House Passes Ethics Bill
Campaign and lobbyist reporting would be expanded
The House has passed a bill to overhaul ethics laws, including campaign finance and lobbying. House Bill 3945 creates the Joint Committee on Ethics and the Public Integrity Unit to investigate complaints and replace the separate House and Senate ethics committees.
The bill includes new reporting requirements for campaign contributions just before an election and extends lobbyist registration and reporting for individuals lobbying local governments and school boards.
A final approval on Wednesday, May 1, 2013, allows the bill to meet the crossover deadline for Senate consideration. If sent any later, the bill would need a two-thirds vote for Senate passage.
May 1, 2013 •
Wednesday Government Relations News
Here is our roundup of the latest articles on lobbying, campaign finance, ethics, and more!
Lobbying
“Report: Obama To Pick Cable and Wireless Industry Lobbyist To Chair FCC” by Sarah Lai Stirland in TechPresident.
“Bottom Line” in The Hill.
California: “Lobbying intensifies on immigration reform” by Elizabeth Aguilera in the San Diego Union-Tribune.
Delaware: “Common Cause of Delaware cites lobbying concerns in study” by Craig Anderson in the Delaware State News.
Michigan: “Nell Kuhnmuench ‘probably the best lobbyist in Lansing’” by Kristen M. Daum in Greater Lansing Woman.
Campaign Finance
“Springtime for disclosure” by Jonathan Backer in The Hill.
“113th Congress Freshmen Take $6.5 Million in PAC Money During First Three Months” by Kent Cooper in Roll Call’s Political Moneyline.
“‘Too Much Money in Politics’” by Kimberly A. Strassel in the Wall Street Journal.
Montana: “Montana legislative leaders to interview 5 for political practices commissioner” by Charles S. Johnson in the Missoulian.
Ethics
North Carolina: “New members of NC elections board set to meet” by Michael Biesecker (Associated Press) in the Jacksonville Daily News.
Pennsylvania: “Pa. lawmakers, other public officials disclose gifts, travel, other freebies in annual filing” by Mark Scolforo (Associated Press) in The Republic.
Texas: “Disclosure Bills Get Little Love From Top Leaders” by Emily Ramshaw in the Texas Tribune.
From the State Legislatures
NCSL Members Mobile App on the NCSL website.
Nevada: “Nevada Legislature lagging in number of approved bills” by Ed Vogel in the Las Vegas Review-Journal.
Redistricting
Arizona: “Brewer OKs extra redistricting commission funds” by The Associated Press in Arizona Capitol Times.
Kentucky: “Beshear hopes to call special session to deal with legislative redistricting” by Jack Brammer and Beth Musgrave in the Lexington Herald-Leader.
Government Tech and Social Media
“NYC BigApps Refines the Civic Hackathon” by Sam Roudman in TechPresident.
April 30, 2013 •
Joint Commission on Public Ethics Proposes Rule Changes
Gift and Source of Funding regulations targeted in proposed changes
The New York Joint Commission on Public Ethics (JCOPE) unveiled proposed changes to the ethics rules Tuesday, which could make it easier for lobbyists to conceal their donors and funders from the public. At its monthly meeting, JCOPE proposed changes to the gift regulations and the recently enacted source of funding regulations.
Under the source of funding regulations, lobbyists must disclose the names of anybody who provided them with funding in excess of $5,000 for lobbying purposes, but only if they meet a certain threshold. The current rules allow for a waiver of this requirement only if there is a substantial likelihood of harm. Under the proposed change, JCOPE would lower the standard to a reasonable likelihood or probability of harm.
Executive Director Ellen Biben said the current standard may be unconstitutional, thus necessitating the change. “The substantial likelihood standard may be constitutionally too high,” Biben said. “We agree.”
In the proposed change to the gift ban, JCOPE puts a concrete dollar amount on the term “nominal value.” Under current law, a lobbyist is prohibited from giving a gift to a public official and gift is defined as something worth more than nominal value. However, there is no dollar figure attached to the current definition of nominal value.
Under the proposed definition, nominal value will be defined as an item or service with a value of $10 or less. Therefore, if the proposed change is enacted, lobbyists will be prohibited from giving a public official a gift with a value in excess of $10.
In order for the rules to go into effect, JCOPE commissioners must approve the proposals. There is no set time table on when the commissioners will review the proposals and make a decision on their enactment.
April 30, 2013 •
Tuesday Lobbying and Campaign Finance News
Keep up with the latest government relations news with these articles:
Lobbying
“Ethics Group CREW Bails on Lobbying Efforts” by Kent Cooper in Roll Call’s Political Moneyline.
Arizona: “Action lacking despite opportunities to improve Arizona’s lobbyist reporting system” by Evan Wyloge and Hank Stephenson in the Arizona Capitol Times.
Florida: “NFL Commissioner Roger Goodell lobbies lawmakers in Tallahassee to back Dolphins stadium renovation bill” by Toluse Olorunnipa and Charles Rabin in the Miami Herald.
Michigan: “State Rep. Andy Schor intros bills to adjust term limits, restrict post-office lobbying by lawmakers” by Angela Wittrock in Michigan Live.
Utah:”Loopholes allow lobbyist spending to vanish from reports by Lee Davidson” in the Salt Lake Tribune.
Campaign Finance
“Why don’t Americans care more about campaign finance reform?” by Juliet Eilperin and Scott Clement in the Washington Post.
“Bipartisan Campaign Finance Bill Aims to ‘Follow the Money’” by Chris Vest in Associations Now.
Maine: “Senate backs resolutions supporting campaign finance, immigration reforms” by Matthew Stone in the Bangor Daily News.
Ethics
“Latest ethics proposal rejected by AG” by John Lyon in the Arkansas News.
New York: “NY ethics board proposes changes to gifts, disclosure requirements by some lobbying groups” by The Associated Press in The Republic.
South Carolina: “Fate of ethics bill to be determined Tuesday in S.C. legislature” by Kirk Brown in the Anderson Independent Mail.
Procurement
“7 Ideas for the Future of Local Government” by Steve Ressler in Government Technology.
April 29, 2013 •
Monday News Roundup
Let’s start off the week with these lobbying, campaign finance, and ethics news articles:
Lobbying
“Social media emerge as players in state capitols” by Brad Cooper in the Kansas City Star.
Hawaii: “Has Hawaii Given Up On Lobbying Congress?” by Kery Murakami in Honolulu Civil Beat.
Campaign Finance
California: “Interactive graphic lets voters follow the money in mayor’s race” by David Zahniser, Maloy Moore and Anthony Pesce in the Los Angeles Times.
California: “California declines to update campaign data online” by Jusy Lin (Associated Press) in the Redding Record Searchlight.
New York: “Public campaign finance debate heats up in Albany” by Jon Campbell in the Journal News.
Ethics
“Tuesday Discussion on the FEC-The Day The Terms of All Commissioners Will Have Expired” by Kent Cooper in Roll Call’s Political Moneyline.
South Carolina: “Bid to reform state ethics draws fire” by Tim Smith in the Greenville News.
South Dakota: “South Dakota lawmakers don’t see conflict of interest problems in the Legislature” by David Montgomery in the Argus Leader.
Government Tech and Social Media
“Open Source Tech is Driving Big Changes in Government” by Joseph Marks and Mark Micheli in Nextgov.
“San Francisco Hires New Chief Information Officer” by Sarah Lai Stirland in TechPresident.
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.