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2009 Compliance Tips Post Session Expenditures (Summer 2009) 2009 Legislative Session Reminders (May 2009) January 17, 2009 Just a reminder about a couple of things if you are heading to DC for the inauguration, or if you are assisting someone who is a reportable individual in going. Remember that just because inauguration tickets may start off as free tickets from one of several sources, that does not mean that they have no value if you give them to someone else. According to the Ethics Commission staff’s informal advice, and consistent with the General Counsel’s discussion at the 2008 PAAT Institute, a free ticket that you acquire must be reported (entertainment) at fair market value if you give it to someone covered by the Lobby Law. So make a documented effort to show what you would have to pay to get other tickets on inauguration day. Craig’s list, eBay, etc., can all be used as evidence of a good faith effort to determine FMV. If you actually purchased the ticket, you can use that price as the value to be reported. The other thing to remember is that you have to be present if you give someone an inauguration ticket. This is considered entertainment, and all the rules apply, including presence. So don’t plan on giving your free tickets to that capitol staffer and think you don't have anything to report and don’t have to be there. Also, see today's WSJ article "Lobbyists Find Detour Around Latest Ethics Rules" which underscores the fact that our industry continues to to be under constant scrutiny and we need to make sure we are making every effort to conduct our business with the highest ethical standards. Past Compliance Tips Special Elections December 2008 In case you or your clients or PACs are unsure of the law regarding contributions to candidates elected in special elections after the deadline for contributions, the law makes provisions for that circumstance. The law allows for a contribution to be made to a candidate in a special election held during the moratorium period, and contributions made after that election (such as to “retire debt”) until the candidate is sworn in. These provisions are found in subsection (c) of § 253.034, which also establishes the moratorium in subsection (a). Read PAAT issue brief on this issue for more. TAB Plea Agreement October 2008 Important guidance from October 2008 TAB plea agreement: From Statement by Ronnie Earle, Travis County District Attorney: Under the law in Texas, there is no exception for de minimus activity funded by corporate resources. Any use of corporate resources of any nature to benefit a campaign for public office is a violation of the corporate prohibition, including the use of corporate facilities, corporate property, corporate employees or corporate expense reimbursement. Any corporate employee that wishes to donate his or her personal services to a candidate or political action committee must do so on his or her own personal time, which should be noted in advance and clearly documented in corporate records. Click here for recent entity guidelines. Archived Tips
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