Hawaii Governor Neil Abercrombie signed House Bill 2175 into law, exempting certain people from the state’s revolving door provisions.

In an effort to increase participation amongst the state’s experts and those with special knowledge, the law exempts members of a state task force from the revolving door provisions. A task force is a group which is created to study a specific problem for a specified period of time.

The law will take effect immediately.

Photo of Governor Abercrombie courtesy of Wikipedia.

On Friday, July 6, 2012, Governor Pat Quinn signed Senate Bill 3722 into law, rewriting the state campaign contribution limits. Under this new law, if a natural person or an independent expenditure committee makes independent expenditures in support of, or in opposition to, the campaign of a candidate or incumbent in an amount over $250,000 for statewide office, or $100,000 for all other elective offices, then the contribution limits are waived for all candidates for that specific office. For example, if an independent expenditure committee spends more than $250,000 for commercials against candidate A, who is running for governor, then the contribution limits do not apply for any of the gubernatorial candidates.

The new law also establishes registration and reporting requirements for independent expenditure committees. The law goes into effect immediately, which means these rules apply for the state house and senate seats which are up for election in November.

The Illinois Secretary of State announced that the lobbyist affirmation statement for the period of January 1 to June 30, 2012 is due on August 4, 2012.

For this report, the lobbyists will have to affirm its employers’ reports are accurate as they pertain to the itemized expenditures.

Governor Jack Markell signed Senate Bill 212 into law in an effort to improve the online presence and public notice capabilities of the state’s procurement office.

The bill mandates that the state create, by May 1, 2013, a one-stop website which will post all bids with an estimated value of more than $50,000.

This website must be accessible to all contractors and the general public. Further, the website will allow the state’s municipalities to advertise their bidding opportunities on the same site.

Lobbyists and people who do business with Baltimore County, Maryland will no longer be allowed to give sports tickets to public officials.

County Council unanimously approved revisions to the county ethics law in order to comply with state standards.

The revision was in response to the state ethics commission’s finding that the county ethics measure (Bill No. 75-11) did not meet the state’s required standards.

DELAWARE: The Delaware General Assembly adjourned sine die early in the morning on July 1, 2012.

NORTH CAROLINA: The North Carolina General Assembly adjourned on July 3, 2012.

One of Delaware Governor Jack Markell’s largest focus areas since entering office has been creating a responsible government. His state took one step closer to that goal when the legislature passed Senate Bill 185. The bill, which Governor Markell spearheaded, increases lobbyist reporting when making direct communications with state officials and employees. If a lobbyist makes a direct communication to a member of the general assembly, the lieutenant governor, or the governor on any bill or resolution pending before the general assembly, then that lobbyist is required to report the direct communication. A lobbyist will also have to report any direct communications concerning a proposed regulation with an employee or official of the state agency proposing the regulation.

The lobbyist report will be due no later than the fifth business day after the date on which the direct communication took place. If the direct communication was about a bill, resolution, or regulation that has not yet been introduced, the report is due no later than the fifth business day after that bill, resolution, or regulation is introduced.

The lobbyist is only required to disclose there was a direct communication that took place and the identity of the bill, resolution, or regulation that the communication was concerning. The bill, resolution, or regulation may be identified by name or by number. The lobbyist does not have to disclose the identity of the person with whom he or she had the direct communication. Further, the reporting requirement does not apply to a lobbyist when he or she is fulfilling duties as a member of a commission, committee, task force, or other public body.

All of the reports filed under this law must be filed electronically by the lobbyist with the Delaware State Public Integrity Commission. The commission, in turn, will post the reports in an online database for the public to access.

Governor Markell has stated he will sign the bill. If he does, the law will go into effect on January 1, 2013.

Photo of Governor Markell by John D. (Jay) Rockefeller IV on Wikipedia.

The Massachusetts Office of Campaign and Political Finance is holding a public hearing on July 25. The hearing will address implementation of new and changing regulations dealing with issues such as electronic filing, transference of funds between political committees, and procedures for informational guidance requests from the office.

The hearing is scheduled for 10 a.m. at One Ashburton Place, Room 411, Boston. The proposed regulations can be found here.

The Kentucky Legislative Ethics Commission has submitted a recommendation to the legislative research commission for several changes to the code of legislative ethics.

The recommended changes include:

• requiring employers of lobbyists to report the cost of advertising supporting or opposing legislation that appears during a session of the general assembly, if the cost is paid by an employer of lobbyists or a person affiliated with an employer;

• prohibiting employers of lobbyists and PACs from making campaign contributions to legislative candidates or legislators during a regular session of the general assembly, and prohibiting lobbyists from directly soliciting contributions for an election campaign of a legislator or legislative candidate;

• repeal the provision allowing each lobbyist and employer to spend up to $100 annually on food and beverages for each legislator and his or her immediate family, and prohibit lobbyists and employers from paying for out-of-state travel, food, or lodging expenses for legislators or candidates; and

• limiting the interaction between lobbyists and candidates who have filed to run for election to the general assembly, who are currently not subject to the $100 limit on food and beverage or prohibition on receiving anything of value from a lobbyist or employer.

Both houses of the New York state Legislature recently passed a bill aimed at lowering procurement costs for municipalities. Senate Bill 5525 authorizes state municipalities to piggyback off existing public contracts entered into by the federal government, any state, or any municipalities within those states.

New York state municipalities will still have to abide by state contracting rules when utilizing this piggybacking ability. Therefore, the original contract must have utilized competitive bidding when necessary and the municipalities must still comply with the laws regarding minority and women owned businesses as well as any preferred source requirements.

The bill will now head to Governor Andrew Cuomo’s desk where he will decide whether to sign it into law or veto it.

Photo of the New York State Capitol by UpStateNYer on Wikipedia.

The United States Supreme Court declined to review a federal appeals case that held New York City’s campaign finance laws are constitutional. Tom Ognibene, a New York republican, challenged the city’s laws saying that the Citizens United decision effectively overruled the provisions.

In December, a federal appeals court disagreed with Ognibene, holding that the city’s rules prohibiting corporate contributions to political campaigns and requiring candidates to disclose all contributions from individuals and organizations were justified to prevent corruption in elections. The appellate court held that the Citizens United decision only applied to independent expenditures by corporations, not to contribution limits.

The New York Legislature ended the working portion of its year late Friday night.

Legislative members will now head back to their respective districts to campaign in an election season that will see all 212 general assembly and senate seats up for grabs.

There is a chance that both houses could be called back to Albany for a special session following the November elections, but at this time, that does not appear to be a likely scenario.

The U.S. Supreme Court has invalidated a portion of Montana law which prohibits corporations from making independent expenditures in connection with a candidate or a political committee that supports or opposes a candidate or a political party.

In Western Tradition Partnership v. Bullock, the Court quoted from its prior Citizens United v FEC ruling that “political speech does not lose First Amendment protection simply because its source is a corporation.”

Four of the nine Justices dissented. The dissenting opinion quoted from the dissent in Citizens United, arguing “independent expenditures can be corrupting in much the same way as direct contributions.”

The dissenting opinion also argued the Citizens United ruling should not bar the Montana Supreme Court’s finding “that independent expenditures by corporations did in fact lead to corruption or the appearance of corruption in Montana.”

The dissent continued, “Given the history and political landscape in Montana, [The Montana Supreme Court] concluded that the State had a compelling interest in limiting independent expenditures by corporations. Thus, Montana’s experience, like considerable experience elsewhere since the Court’s decision in Citizens United, casts grave doubt on the Court’s supposition that independent expenditures do not corrupt or appear to do so.”

A federal judge has upheld Vermont’s contribution limits on political action committees. Vermont Right to Life Committee (VRLC) and its related political committee, Vermont Right to Life Committee – Fund for Independent Political Expenditures (FIPE), filed suit alleging that Vermont’s registration, reporting, and disclosure requirements for PACs are too broad and unconstitutional, and that FIPE should not be subject to the $2,000 limit on PAC contributions because it only makes independent expenditures.

The judge rejected FIPE’s claim that it should not be subject to the contribution limits on the basis that there is a “fluidity of funds” between FIPE and VRLC that provides no safeguard against unlimited contributions being used to fund candidate contributions.

Secretary of State Jim Condos applauded the ruling; however, the opinion makes clear that the decision to uphold the $2,000 contribution limit weighed heavily on the facts of the case, in particular the lack of separation between FIPE and VRLC. VRLC plans to appeal the ruling.