On November 3, voters in New Mexico approved a constitutional amendment to allow the legislature to adjust the term of a state, county, or district officer.

House Joint Resolution 8, or Amendment 2, allows the legislature to adjust the term of a state, county, or district officer to align or stagger the election of officers for a particular state, county, or district office throughout the state.

Additionally, the amendment will clarify that officers elected to fill a vacancy in office must take office on the first day of January following their election.

The amendment became effective upon voter approval.

As of 7:00 a.m. November 4, with 96% of the precincts reporting, the amendment passed 64% to 35.7%.

On November 3, voters in Arkansas approved a constitutional amendment to impose term limits for state legislators.

Issue 2 creates term limits of 12 consecutive years for state legislators with the opportunity to return after a four-year break.

Arkansas previously had a 16-year lifetime term limit for state legislators.

The 12-year limit will apply to anyone elected in 2021 or after.

Those first elected to the legislature before 2021 will keep the state’s existing term limit of 16 years, but they will be eligible to run for election again after four years.

As of 7:00 a.m. November 4, with more than 95% of the precincts reporting, the amendment passed 55.4% to 44.6%.

On November 3, voters in Utah approved a constitutional amendment to modify the commencement date of the annual Utah legislative session.

Senate Joint Resolution 3, or Amendment F, amends the commencement of the legislature from the fourth Monday in January to a day in January designated by state statute.

Previously, if the state legislature wished to change the session start date, lawmakers would need to amend the state constitution by passing a constitutional amendment by a two-thirds vote of the legislature.

The amendment would then require statewide voter approval.

Under Amendment F, the legislature will be able to change the session start date in state statute, which requires a simple majority vote in the legislature and does not require voter approval.

The amendment also excludes state holidays that are not also federal holidays from counting toward the 45-day limit of annual general sessions.

Amendment F will take effect January 1, 2021.

As of 7:00 a.m. November 4, with more than 76% of the precincts reporting, the amendment passed 66.8% to 33%.

Incumbent Lt. Gov. and Republican Spencer Cox defeated candidate Chris Peterson 64% to 30% in Utah’s gubernatorial race.

Cox, the top finisher among state Republican convention delegates, beat three GOP candidates in the June 30 party primary.

Those are former Gov. Jon Huntsman Jr., former Utah House Speaker Greg Hughes, and former Utah Chairman Thomas Wright.

Peterson, a University of Utah law professor who worked on consumer issues in the Obama administration, won the Democratic nomination outright at his party’s state convention and did not face a primary in his first run for public office.

Cox will succeed Republican Gov. Gary Herbert.

Herbert chose not to run for reelection after more than a decade in office and endorsed Cox in the hotly contested GOP gubernatorial primary.

Louisiana lawmakers have until final adjournment at 6 p.m. on June 30 to pass the government spending plan for the fiscal year that begins on July 1.

In the special session premised in large part on COVID-19 relief, lawmakers gave final legislative approval June 29 to send $250 hazard pay checks to up to 200,000 frontline workers.

Qualifying jobs include health workers, emergency, fire and law enforcement personnel, bus drivers, garbage workers, and grocery store and convenience store workers.

Additionally, negotiations on the state budget continue into the final day of the special session.

In a 3-2 decision on June 16, the New Mexico Supreme Court denied a request allowing lobbyists and public into the Capitol, known as the Roundhouse, during the special legislative session beginning June 18.

Chief Justice Judith Nakamura described the decision as a difficult ruling to make. However, Nakamura concurred with Justices Barbara Vigil and Michael Vigil in denying the petition. 24 lawmakers submitted this proposal which would have opened the Roundhouse to lobbyists and the public for the special session.

The petition argued that prohibiting lobbyists from entering the Roundhouse violates the constitutional requirement to make all legislative sessions public.

New Mexico’s constitution provides all sessions of each house must be public. Justices challenged attorneys on both sides to define the term “public” and explain in detail what constitutes a public session.

Justice C. Shannon Bacon expressed concern about large parts of the state not having broadband. She also emphasized that thousands of people do not have access to computers, describing New Mexico as a technological desert.

The Supreme Court concluded virtual proceedings balance the need to protect the public from the public health concerns of COVID-19 with the need to ensure the legislative session remains open and transparent.

The ruling means those who wish to follow the session will watch the hearings from their computer screens. This will be current reality, rather than gathering in committee rooms and House and Senate galleries.

The public will be able to speak at the discretion of the House committee chairs via Zoom video conference call. However, the public will only be allowed to send emails, rather than joining a video conference, to address the Senate’s committee.

Beginning June 18, lawmakers will begin debating how to shore up an estimated $2 billion shortfall in projected revenues for the fiscal year 2021 budget. This shortfall is largely due to the pandemic-related government shutdown.

The Hawaii Ethics Commission approved a package of proposals on June 18. These proposals amend and adopt portions of the Hawaii Administrative Rules related to lobbying and gifts.

The amendments in chapters one through six address the Commission’s operations and procedures. Additionally, chapters seven through 10 now include sections on “Lobbying” and “Gifts and Fair Treatment”.

The proposed rules do not purport to amend any statutes. Rather, they are designed to interpret and execute the statutes enacted by the Legislature.

Section 21-10-5

Section 21-10-5, statement of contributions and expenditures, addresses the statutory requirement that statements of contributions and expenditures must be filed by up to three different entities. This could be the client, the employing organization, and the lobbyist. Or, in the case of lobbyists employed in-house by the client, the client or employing organization and the lobbyist.
This rule creates a single, client-based report rather than requiring separate reports from the client, the employing organization, and the lobbyist. This single, client-based reporting method avoids double or sometimes triple reporting. Additionally, it eliminates the practice, when clients or employing organizations cover expenditures, of having lobbyists submit reports listing “zero” expenditures.

Section 21-10-1

Section 21-10-1 contains definitions of “direct lobbying” and “grassroots lobbying” to demonstrate that lobbying can be both direct and indirect, consistent with the definition of lobbying in Section 97-1 of the Hawaii Revised Statutes. Under Rule 21-10-1, direct lobbying is defined as any oral or written communication with a legislator, an employee, intern, or volunteer of the legislature or an agency that would appear to a reasonable person to be an attempt to influence legislation or rule-making.
Additionally, grassroots lobbying is defined as any oral or written communication directed at any member of the public that expresses an opinion about existing or potential legislation, administrative rule, or ballot issue and includes an explicit or implied call to action.

Section 21-7-6

Section 21-7-6, valuation of gifts, defines the value of a gift as the cost that a member of the public would reasonably expect to incur to purchase it. For example, If the face value of a ticket to an event is $100, but the event is sold out and tickets on the secondary market are $500 at the time the ticket is offered as a gift, the value of the ticket is $500.

The rules must now be approved by the Department of the Attorney General, and then by the governor. Once approved by both offices, they will be posted with the Office of the Lieutenant Governor for 10 days before becoming effective.

The Colorado Legislature adjourned sine die on June 15 after an unprecedented session.

The session originally began on January 8 with a focus on school safety and funding education. On March 14, the session was postponed to curb the spread of COVID-19.

When lawmakers resumed in May, the session quickly shifted to balancing the state budget in response to the economic effects of the COVID-19 pandemic.

Lawmakers were also able to pass legislation introducing a sweeping set of reforms for law enforcement in the state.

This reform is including a ban on chokeholds and a provision requiring officers to intervene if they see the use of excessive force.

With the legislative work wrapped up, the focus is now shifting to the November election.

Gov. Jared Polis must still give his final approval on many of the bills approved in the final weeks by the state legislature.

Utah Gov. Gary Herbert is targeting a special session from June 18 to June 19 to adjust next fiscal year’s budget in response to COVID-19.

A plan is underway to allow lawmakers the option of attending virtually.

The day prior to the special session, legislators will get new revenue estimates during a meeting of the Executive Appropriations Committee.

It is not known how the budget numbers will look, but they will be drastically different from the more than $900 million in excess revenue lawmakers used to set this year’s fiscal budget.

This does not affect lobbyist reporting.

The Hawaii Legislature will resume its session on June 22 to address budget issues, COVID-19, and police discipline measures.

The Legislature previously recessed on May 22 after passing legislation storing more than $1 billion in the general fund.

Now lawmakers will need to pass a balanced budget of approximately $413 million for the fiscal year.

In terms of law enforcement reform, lawmakers will consider a proposal to require police to intervene when they see their fellow officers involved in potentially unlawful situations.

The legislative session is expected to adjourn sine die on July 10.

This does not affect lobbyist reporting.

The Kansas Legislature adjourned its special session on June 5 after passing legislation to amend Gov. Laura Kelly’s emergency powers.

House Bill 2054 provides oversight on the governor’s ability to distribute federal aid and close businesses for longer than 15 days at a time. It also gives the Kansas Board of Education the power to close schools.

The bill further prevents the governor from using emergency powers to seize ammunition.

Additionally, the bill limits the sale of firearms during a declared state of emergency, including for COVID-19.

The measure has been sent to the governor’s desk for signature.

Louisiana lawmakers called themselves into a 30-day special session that began on June 2, immediately following the adjournment of the regular session.

The special session agenda focuses on piecing together a more than $30 billion operating budget for the financial year that begins on July 1.

The session will also center on tax credit considerations, exemptions, and suspensions for businesses that were forced to reduce operations since March in response to the COVID-19 pandemic.

Kansas lawmakers are returning for a special legislative session June 3 after Gov. Laura Kelly vetoed COVID-19 legislation passed during the final day of session.

Gov. Kelly called lawmakers back to create a new bill that redefines her emergency powers.

The previous bill sought to curb Gov. Laura Kelly’s emergency powers and give the Legislative Coordinating Council appropriation power over the $1.25 billion in federal money allocated to Kansas in the CARES Act.

Gov. Kelly would also have been barred from issuing a new COVID-19 disaster declaration unless at least six members of the State Finance Council sign off on it.

There is no time limit on the special session, so the work is expected continue for as long as necessary.

This does not affect lobbyist reporting.

The Arizona Legislature adjourned sine die on May 26 after the Senate’s swift move to adjourn was approved.

The Senate had voted to end the session when it convened previously on May 8.

However, this vote was met with opposition by Republican lawmakers.

The sine die adjournment leaves hundreds of bills dead that had been progressing through the Capitol before lawmakers postponed the session in March.

Gov. Doug Ducey is expected to call lawmakers back to the Capitol for a special session in the coming weeks.

In this session they will deal with coronavirus-related legislation and the state budget.