Missouri Changes to Gift Laws Continue  

Michael Beckett, Esq.,
Research Manager

Following multiple legal challenges to Missouri’s recently passed campaign contribution limits (Constitutional Amendment 2), elected officials are addressing the state’s relatively lax gift laws as part of an ongoing effort to reform state ethics laws.

Almost immediately upon being sworn in, Missouri Gov. Eric Greitens issued an executive order banning lobbyist gifts to executive branch employees. The order also established a revolving door provision prohibiting gubernatorial staff from lobbying his office after leaving their positions.

Republican Attorney General Josh Hawley implemented a new ethics policy on Tuesday, January 10. Hawley’s 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.

At the Capitol, Republican lawmakers held a meeting to endorse a plan to expand Greitens’ executive order by banning most lobbyist gifts to legislators. House Bill 60 was fast-tracked, approved in committee with just three dissenting votes, and passed the House with bipartisan support. The bill would prohibit legislators from receiving most 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 prohibits lobbyists and lobbyist principals from making expenditures for state public officials or for their staff, spouses, or dependent children. An exception would remain for event expenditures if all members of the Legislature or all statewide officials are invited in writing. The bill now moves to the Senate for consideration. Additional ethics bills are expected on the 2017 legislative agenda.

Summary of Changes UPDATE
Note Recent Changes to Compliance Regulations 

Michael Beckett, Esq., Research Manager

DENVER, COLORADO: Denver City Council approved a bill amending the city’s lobbying ordinance. Council Bill No. CB16-0920 narrows the definition of lobbying and changes registration and reporting requirements. Lobbying no longer includes appearances to give public testimony at council hearings or appearances at the request of public officials or employees. Additionally, instead of renewing a registration each year on the registrant’s anniversary date, every lobbyist will be required to renew his or her registration annually by January 15. Lobbyists are also now required to file bimonthly reports. Such reports must include an itemized list and the estimated value of all gifts, entertainment, and direct or indirect expenditures to, on behalf of, or benefitting a covered official for lobbying purposes. The changes are effective immediately.

MICHIGAN: The Bureau of Elections adjusted lobbying reporting thresholds, fees, and penalties for the new year. These annual adjustments reflect changes in the Detroit consumer price index and are effective January 1, 2017. Updates include a $50 increase in the expenditure threshold. Any lobbyist or lobbyist agent is required to register if expenditures exceed $2400 during a 12-month period. Transactions of $1200 or more between a lobbyist/lobbyist agent and a public official must be reported. The 2016 threshold was $1175. Additionally, the permitted value of food and beverages purchased for public officials in any one month increased from $58 to $59.

MONTANA: The Commissioner of Political Practices announced the adoption of an increase to the threshold amount of payment triggering lobbyist and employer registration to $2,550 for 2017 and 2018. The payment threshold is adjusted by an inflation factor determined by the commissioner. The previous threshold amount was $2,500 for the calendar years 2015 and 2016.

NEW YORK, NEW YORK: Mayor Bill de Blasio signed campaign finance bills affecting lobbyists and contractors. Local Law 167 eliminates the matching of public funds for contributions bundled by lobbyists and people doing business with the city. Local Law 172 expands the definition of person doing business with the city to include organizations with an interest in such entity exceeding 10 percent. Local Law 181 prohibits donations in excess of $400 in a single calendar year to organizations affiliated with an elected official by those doing business with the city.

TEXAS: The Ethics Commission adopted a new rule adjusting the compensation and reimbursement threshold for lobbyists. The new rule eliminates an exception not requiring a person to register as a lobbyist if he or she lobbied no more than 5 percent of his or her compensated time during a calendar quarter. Under the new rule exception, a person is not required to register as a lobbyist if the person spends not more than 40 hours during a calendar quarter engaging in lobbying activity for which the person is compensated or reimbursed. Time spent on preparatory activity is included in determining whether the 40 hour threshold has been met.

Legislation We Are Tracking

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 State and Federal Communications' digital encyclopedias for lobbying laws, political contributions, and procurement lobbying and can be found in the client portion of our website.

Summaries of major bills are also included in monthly email updates sent to all clients. The chart below shows the number of bills we are tracking in regard to lobbying laws, political contributions, and procurement lobbying.

ASK THE EXPERTS

State and Federal Communications’ Experts Answer Your Questions

Here is your chance to “Ask the Experts” at State and Federal Communications, Inc. Send your questions to experts@stateandfed.com. (Of course, we have always been 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.

State and Federal Communications, Inc.
Scrapbook

Over the holidays, Elizabeth hosted a "super girls night out", SGNO, at the Girves Brown Derby in Medina, OH.  Part of the group included the seven women pictured above who were once company interns at State and Federal Communications. [Alexa Livadas, Cristina Dickos, Joanna Kamvouris, Allie Vernis, Elizabeth, Alessandra Dickos, Elizabeth Scozzaro, and Elaina Laikos.]  All of them are super achievers.   #internlove Included at the SGNO were Howland High School grad and the first Elizabeth Z. Bartz scholarship winner, Kayleigh Crumb, and Dr. I. Renee Axiotis, Howland Class of 1982.   Elizabeth Bartz talking with the Kent State University student's participating in the Washington Program on National Issues.   The State and Federal Communications, Inc. holiday party was held at Glenmoor in N. Canton. Once again, after dinner and great conversation, each employee received a delicious Temo's of Akron chocolate tree to enjoy.

Plan to say hello at future events where State and Federal Communications, Inc.
will be attending and/or speaking regarding compliance issues.