The Independent Ethics Commission released Position Statement 11-01 on Friday, April 8, 2011. In this statement, the Commission adjusted the limit on gifts to public officials and employees in the state of Colorado to $53 per calendar year, up from $50.

Pursuant to Article XXIX section 3(6), which was part of the 2006 voter-approved Amendment 41, the limit is to be adjusted based upon inflation every four years. This is the first such adjustment required.

Photo of downtown Denver by 33mhz on Wikipedia.

Under Assembly Bill 447, all committees making expenditures or receiving contributions of more than $500 would be required to file quarterly statements.

The legislation would eliminate independent expenditure reports, odd-year committee reports, and certain supplemental pre-election reports. Instead, all officers, candidates, and committees would have one pre-election report due 16 days before an election.

Late contribution reports would still be required within 24 hours of making a contribution near an election.

Photo of the California State Assembly Chamber by Lincolnite on Wikipedia.

The Secretary of State has approved a summary for a proposed ballot measure to limit campaign contributions to candidates in Missouri.

The proposal would prohibit candidates from accepting more than $5,000 per donor for each election.

The Secretary of State’s action clears the way for supporters to begin collecting the more than 91,000 signatures needed to put the question to voters in 2012.

Photo of Missouri Secretary of State Robin Carnahan courtesy of the Secretary of State website.

Cole County Circuit Court Judge Daniel Green ruled that Senate Bill 844, which became effective August 28, 2010, is unconstitutional because it covers multiple subjects.   The Missouri constitution requires that bills contain only one subject.

The bill sharply restricted transfers between campaign committees, boosted the enforcement powers of the Missouri Ethics Commission, and created measures aimed at reducing situations in which candidates channeled money through several committees to obscure their source.   The court found that the procurement measures in the bill were the “original controlling purpose,” and thus should be upheld while all other measures relating to campaign finance are void.

The Missouri Attorney General’s office and the Missouri Ethics Commission are currently reviewing the decision to examine both enforcement procedures and further legal action.

News You Can Use Editor Jim Sedor pointed me in the direction of a news item from Providence, Rhode Island. A new ordinance there requires lobbyists to register with City Hall (including a fee), to get a photo ID, and to file quarterly reports. In response, the ACLU of Rhode Island offered a statement saying the ordinance could chill free speech. The issue may go to court.

The article offers the following quote:

“Despite the good and sincere intentions underlying this proposal, we believe it will deter and chill robust community advocacy,” said ACLU Executive Director Steven Brown. “We understand the City’s interest in promoting transparency in government, but this ordinance is not a proper way to achieve that goal.”

For the full article, read: “ACLU Says New City Law Has ‘Chilling Effect’ on Free Speech” by Stephen Beale, on GoLocalProv.com.

Here is the March 21 news release from the ACLU.

State and Federal Communications Research Associate George Ticoras reported on the new ordinance last week in “Providence Creates Lobbying Registration Law” on Lobby Comply.

Photo of Providence skyline by boliyou on Wikipedia.

Representative Anna Fairclough introduced a bill concerning small procurements with the state, which includes the requirement of vendors to provide proof of an Alaska business license.

House Bill 204 also contains other mandates for vendors, including the registration of construction contract bidders and offerers, the establishment and maintenance of lists of person who want to contract with the state or state agencies, and small procurement provisions for certain amounts of leased space.

The legislation increases the maximum ceiling amounts of what constitutes a small procurement from $50,000 to $100,000 for supplies, services, or professional services; $100,000 to $200,000 for a construction, and from 3000 to 7000 square feet for a lease.

Photo of the Alaska State Capitol by Kevin Lam on Wikipedia.

Senate Bill 39 has been signed by Governor Daugaard and will take effect July 1, 2011.

This law will allow corporations to make contributions to political action committees, contributions previously banned by state campaign finance law.

Under this bill, however, corporate contributions to candidates, candidate committees, or political parties are still prohibited.

Photo of Governor Daugaard courtesy of the South Dakota Governor website.

LB 606 would require any person who makes an electioneering communication in the amount of more than $250 to file a report of the electioneering communication with the Nebraska Accountability and Disclosure Commission, similar to the requirements for those making independent expenditures.

Further, the measure would require a corporation, labor organization, or business association making an electioneering communication with a value of more than $250 to file a report with the Commission including the nature, date, and value of the electioneering communication, as well as the name of the candidate identified in the electioneering communication.

Finally, the term ‘electioneering communication’ would be defined to mean any communication referring to a clearly identified candidate, is publicly distributed in the 30 days before an election, and is directed to the electorate of the office sought by the clearly identified candidate, while also noting ‘electioneering communication’ would not include a contribution or expenditure, a communication by media, a candidate debate, or a communication by a membership organization to the organization’s members.

Photo of the Nebraska State Capitol by Decumanus on Wikipedia.

House Bill 89 has been signed into law by Governor Brian Schweitzer. The bill removes the requirement that political committees, organized to support a state district candidate or issue, file reports of contributions of $100 or more with the county election administrator.

These contribution reports will only be filed with the Commissioner of Political Practices.

The new law becomes effective October 1, 2011.

Providence has passed a new lobbyist registration law. The Lobbyist Disclosure Ordinance requires registration before the first lobbying activity. Online registration will be an available option. Each lobbyist will receive an ID badge with his or her name, photograph, identifying information, and the name of each client being represented.

There is a $150 filing fee for lobbyists employed by entities with budgets over $250,000. Otherwise, the filing fee is $25. Lobbyists and employers will be required to file quarterly reports, and a final report in January detailing all expenses and compensation for the previous calendar year.

Penalties include fines up to $250 a day, up to a maximum of $25,000 per calendar year, and a prohibition of lobbying the city until the following year or until compliance is established. The ordinance takes effect May 16.

Photo of the Providence City Hall by Anatoli Lvov.

The City of Paterson has implemented a new pay-to-play ordinance which enhances the rules concerning contribution limits for entities doing business with the city. Ordinance 11-006 includes an absolute ban on contributions between the time of first communication regarding a specific agreement and the termination of negotiations, the rejection of a proposal, or the completion of a contract. The ordinance also outlines specific contribution limits, in the 12 months prior to a contract, to mayoral and governing body candidates and their committees, joint candidate committees, Passiac County political committees, and PACs.

In order to receive financial aid from the state, the City of Paterson’s passage of the legislation was required by an earlier agreement with the New Jersey Transitional Aid to Localities program, the state’s financial aid program for local municipalities and counties.

Map of Paterson in southern Passaic County, New Jersey by JimIrwin on Wikipedia.

A bill has been introduced in the Iowa Legislature to impose a five percent “fee” on contributions in excess of $250 per year received by a PAC, candidate, or candidate’s committee from a single source.

Additionally, House File 140 would apply the same fee to political advertisements made by candidates or their committees and independent expenditures made by corporations.

The funds raised would be used to help offset the cost of operating the Iowa Ethics and Campaign Disclosure Board.

Photo of the Iowa State Capitol by Iqkotze on Wikipedia.

Commissioners in Mecklenburg County, North Carolina have agreed to a change in the county’s ethics code preventing themselves and other county employees from soliciting or receiving tickets to cultural or sporting events supported by the county.

If the county has included money, either directly or indirectly, or if an employee knows or has reason to know county money may be requested for an event, employees will no longer be able to receive complimentary tickets. County employees are still free to purchase their own tickets to sporting and cultural events without violating the new policy.

Photo of the Charlotte, North Carolina skyline by Riction on Wikipedia.

Governor Deal signed House Bill 232 on Tuesday, March 15, 2011. The law, which is effective retroactively to January 10, 2011, redefines the term “lobbyist” to require a person to be compensated specifically for lobbying activities before being required to register and report as a lobbyist. Also, a person is now only deemed a “lobbyist” if more than 10 percent of his or her working hours are spent engaged in lobbying activities.

A “lookback” period is included for each calendar month, requiring lobbyist registration and an initial disclosure report within five days if at the end of any month a person has met the 10 percent test. Further, the expenditure triggers for lobbyist registration have been increased from $250 to $1,000.

Additionally, lobbyists are granted a grace period of three business days in filing all disclosure reports. Finally, persons who are employed as bona fide salespersons are exempt from regulation as vendor lobbyists.

Photo of the dome of the Georgia State Capitol by Connor.carey on Wikipedia.