A new bill could increase the expenditure threshold for lobbyist registration. House Bill 2082, attempting to account for inflation, would increase the current $100 threshold to $1,000.

The current law has been in place since 1975.

Proponents of the bill believe it will only serve to protect private citizens from inadvertently breaking the law, while having no effect on industry lobbyists, who typically expend much larger sums.

Carol Williams, executive director of the Kansas Government Ethics Commission, presented the proposal to the House Elections Committee and was the only person to testify on the matter.

The Citizens Ethics Advisory Board has levied a $10,000 penalty against a lobbyist for accepting illegal contingency fees. Robert M. Silverberg had a contract with Clean Power Public of New Haven paying him 15 percent of the gross value of contracts he obtained from the state governments of Connecticut and Pennsylvania.

Silverberg did not disclose any administrative lobbying from January 2013 to January 2014, stating he was unaware his activities were subject to lobbying laws. He believed he was only engaging in sales activities.

The fine will be suspended pending Silverberg’s compliance with a consent order requiring him to attend annual training for five years and

On February 3, the Federal Election Commission (FEC) published its price index adjustments for expenditure limitations and lobbyist bundling disclosure threshold in the Federal Register. The lobbyist bundling disclosure threshold has increased to $17,600 for 2015 from $17,300 in 2014. This threshold amount is adjusted annually.

Federal law requires authorized committees of federal candidates, leadership political action committees (PACs), and political party committees to disclose contributions bundled by lobbyists and lobbyists’ PACs.

The Federal Election Commission (FEC) has published the 2015-2016 election cycle contribution limits, which have been indexed for inflation. As required by the Bipartisan Campaign Reform Act of 2002, the FEC must adjust certain contribution limits every two years.

The individual and nonmulticandidate PAC contribution limit to federal candidates has increased from $2,600 to $2,700 for both primary and general elections, allowing for a total of $5,400 for a federal candidate.

The limits on contributions by individuals to national party committees has increased from $32,400 to $33,400 per calendar year. Individuals may now contribute $100,200 per calendar year to committees of a national political party for presidential nominating conventions, to committees of a national political party for preparation for and the conduct of election recounts and contests and other legal proceedings, and to committees of a national political party for the construction, purchase, renovation, operation, and furnishing of one or more buildings for party headquarters.

Q. With the start of the New Year, are there any changes I should be aware of in political contribution limits?

 A. Aside from changes as a result of new legislation, the most common adjustment of contribution limits is indexing for inflation.  Typically, adjustments are made biennially for inflation according to the Consumer Price Index.  The Consumer Price Index is calculated by the United States Department of Labor, Bureau of Labor Statistics.

This concept was addressed by the United States Supreme Court in Buckley v. Valeo (1976).  The court allowed federal contribution limits to be adjusted upwards at the beginning of each calendar year by the average percentage rise in the Consumer Price Index for the 12 preceding months.

The principal behind this is quite simple:  it is based on the recognition that the cost of campaigning steadily increases each year based on the increase to cost of living.  Campaign fliers, mailers, yard signs, and media buys do not cost the same in 2013 as they do in 2015.

This year, California adjusted its contribution limits for the 2015-2016 biennium.  In doing so, corporate contributions limits for general assembly candidates increased from $4,100 per election to $4,200.  Washington adjusts its limits in even-numbered years, so the 2014 corporate contribution limit of $950 per election for state legislative candidates will remain the same for 2015.   Illinois adjusts its limits in odd-numbered years, so the 2014 corporate contribution limit of $10,500 per election cycle for legislative candidates will increase to $10,800.

Finally, the indexing of contribution limits usually results from amendments to a state’s administrative code as opposed to its statute.  In order to ensure compliance, a contributor should review both of these sources.

You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: experts@stateandfed.com.

(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.

A bill creating a revolving door for lawmakers seeking to lobby after leaving office was approved by the Senate Rules, Joint Rules, Resolutions, and Ethics Committee by a 7-0 vote.

The bill requires state lawmakers to wait two years after leaving office before working as lobbyists. It also bans out-of-state travel paid by lobbyists and limits when a lobbyist can report spending on a group of legislators instead of on individual members.

If passed, the bill would have an effective date of January 2017.

Susan Yoza, Associate Director of the Hawaii State Ethics Commission, testified in support of House Bill 180 before the House Committee on Judiciary on Friday, January 30. HB 180 clarifies reporting requirements for lobbyists and organizations engaging in lobbying activities during a special legislative session.

Last year, Act 224 required lobbyist reporting within 30 days of adjournment sine die of any special session. The Commission believes the legislature did not intend to require filing of reports following such a session if lobbyists and organizations did not lobby on any matters considered during the special session.

HB 180 clarifies the legislative intent and provides for special session reports only for those persons who engage in lobbying activities relating to matters considered during the session. Furthermore, it would prevent duplicative reporting, as those activities reported on a special session report will not need to be reported on any subsequent lobbying reports.

State Rep. Sheldon Silver will no longer be speaker of the New York State Assembly beginning Monday, February 2, 2015. Silver was arrested on federal corruption and bribery charges earlier this month. It is not clear whether Silver is resigning voluntarily or being forced out by a vote.

Silver said, “I won’t hinder any succession process . . . [but] I will be a member of this house. I was elected by my constituents and I do not intend to resign my seat in this house.”

Assembly Majority Leader Joe Morelle will serve as the acting speaker until an election for a new speaker is held on February 10, 2015.

This year, John Chames and I agreed to co-chair the 2015 Circle of Red and Men Go Red campaigns for the American Heart Association in Akron. February 6^th is National Wear Red Day.

Many are not aware cardiovascular disease is the #1 killer of women. Go Red For Women’s mission is to save the lives of women – wives, mothers, sisters, aunts, daughters and friends – by creating awareness and helping to educate the women in our lives.  As a leader in the Greater Akron community we have been asking for support of this mission.

As a member of the State and Federal Communications Community, we are looking to you to also help us bring this critical issue to light in your community. Wherever you live, consider making a contribution to become members of Men Go Red and the Circle of Red to support the 2015 Go Red For Women Campaign. Find more information at www.goredforwomen.org.

We have attended this event year after year and we continue to be inspired by the sea of women and men proudly displaying their red, as well as the heartfelt stories of women in our community who have been touched by cardiovascular disease. We hope that you will join us as members of the Circle of Red and Men Go Red campaigns.  We can all make a difference.

Until next month, remember it is not just a man’s disease. One out of three women die of heart disease and stroke. And, it can be prevented.

Thank you,

Elizabeth Z. Bartz
President and CEO
@elizabethbartz

January brought about the first recognition of 2015’s staff anniversaries. Ken Kelewae (middle) celebrates six years on staff in the I.T. Department maintaining all office hardware. David Jones, our I.T. Intern, celebrates his third year on staff as he attends Stark State University.

Congratulations to both of these dedicated computer specialists. We couldn’t do what we do without you.

National:

5 Reasons State House Speakers May Be Prone to Corruption
Governing – Alan Greenblatt | Published: 1/26/2015

New York Assembly Speaker Sheldon Silver, who is accused of accepting bribes in the form of legal fees, is the fourth speaker of a state House to enter into legal peril over the past 10 months. Last year, Bobby Harrell of South Carolina resigned following his indictment, while Gordon Fox of Rhode Island did the same after a federal raid of his house and his legislative office. Mike Hubbard was re-elected as speaker of the Alabama House, despite being indicted on nearly two-dozen felony corruption charges. Hubbard faces a possible trial this spring. This cluster of indictments opens up the question of whether there is something in the nature of the job of speaker that makes corruption more likely to occur.

Federal:

Koch Brothers’ Budget of $889 Million for 2016 Is on Par With Both Parties’ Spending
New York Times – Nicholas Confessore | Published: 1/26/2015

A network of conservative advocacy groups backed by Charles and David Koch aims to spend $889 million in advance of the next presidential election, part of an expansive strategy to build on its 2014 victories. The figure comes close to the $1 billion that each of the two major parties’ presidential nominees are expected to spend in 2016, and it cements the network’s standing as one of the country’s most potent political forces. With its resources and capabilities, including a national field operation and cutting-edge technology, it is challenging the primacy of the official parties.

The Rise of ‘Scam PACs’
Politico – Kenneth Vogel | Published: 1/26/2015

Since the tea party came to prominence in 2009, the conservative movement has been plagued by an explosion of PACs that critics say exist mostly to pad the pockets of the consultants who run them. Combining sophisticated targeting techniques with fundraising appeals that resonate among grassroots activists, they collect large piles of small checks that, taken together, add up to enough money to potentially sway a U.S. Senate race. But the PACs plow most of their cash back into payments to consulting firms for additional fundraising efforts.

From the States and Municipalities:

California – Lobbying Lawmakers with a Personal Touch
Sacramento Bee – Laurel Rosenhall | Published: 1/26/2015

A handful of Sacramento lobbyists use their powers of persuasion to advance personal causes. Many of them make their living advocating for the corporations, unions, and Indian tribes that are huge political donors and pour millions of dollars each year into lobbying California lawmakers. But when a piece of legislation hits a chord, concerning a medical condition, for example, or a childhood trauma, these lobbyists use their connections and savoir faire to shape public policy with a personal touch. Some of them deploy their services for free, while others are hired to advocate on a personal cause.

Kansas – Kansas Ethics Official Supports Change to State Lobbying Laws
Wichita Eagle – Bryan Lowry | Published: 1/26/2015

House Bill 2082 would allow individuals to spend up to $1,000 to sway Kansas lawmakers without registering as a lobbyist. The state has had a $100 threshold since 1975. After 40 years of inflation, the threshold should be increased to ensure private residents do not inadvertently break the laws, said Carol Williams, executive director of the Kansas Government Ethics Commission.

Kentucky – Record $18M Spent Lobbying Legislature
Louisville Courier-Journal – Tom Loftus | Published: 1/23/2015

Interest groups spent a record-breaking $18.4 million to lobby the Kentucky General Assembly in 2014. That was about three percent more than the 2012 lobbying total of $17.8 million, the previous spending record. Although the Legislature meets annually, its 60-day sessions in even-numbered years are longer and costlier than its 30-day sessions in odd-numbered years. The spending includes what more than 600 groups and businesses paid to retain lobbyists at the Capitol or host receptions for lawmakers. Starting this year, they also will be required to report what they spend on advertising during the session to influence legislation.

Massachusetts – No Good Deed Goes Unpunished
CommonWealth Magazine – Jack Sullivan | Published: 1/22/2015

Nicole Bollerman, a third-grade teacher at UP Academy Dorchester, has received praise from around the country since she won a $150,000 prize in an essay contest and then donated the money to her school, which educates some of the city’s poorest students. Then she appeared on “The Ellen DeGeneres Show,” where the host presented Bollerman with a $25,000 check and gave out $500 gift cards for every teacher at her school and backpacks filled with school supplies for every student. But nearly all of the cash gifts, except the students’ backpacks, potentially violate Massachusetts ethics laws, possibly even the $150,000 award that Bollerman gave to the school.

Missouri – Committee OKs Ethics Bill to Close ‘Revolving Door’ of Legislators Becoming Lobbyists
Columbia Daily Tribune – Rudi Keller | Published: 1/27/2015

The Senate Rules, Joint Rules, Resolutions, and Ethics Committee approved legislation that would require Missouri lawmakers to wait two years after leaving office before they can work as lobbyists. The bill also would bar out-of-state travel paid by lobbyists and limit when a lobbyist can report spending on a group of legislators instead of individual members. “There is enough nonsense in this building going on, not necessarily with meals and everything else, I am going to try to clear this up before somebody gets indicted,” said Senate Majority Leader Ron Richard, the bill’s sponsor.

Missouri – Missouri House Speaker Defends Country Club Committee Hearings
PoliticMo.com – Eli Yokley | Published: 1/26/2015

Two Missouri House committee hearings are scheduled to take place at the Jefferson City Country Club and that is drawing criticism. The first hearing is that of the Committee on Utility Infrastructure, chaired by Rep. Lyndall Fraker. He said the Missouri Energy Development Association made the arrangements for his committee to meet at the club, will pay for the meal, and will offer an informational presentation. Pamela Merritt, a spokesperson for Progress Missouri, described the meetings as “sham hearings, away from the Capitol for the sole purpose of consuming free food and drink from lobbyists.” The group is also concerned the hearings might be in violation of the open-meetings law.

Nebraska – Questions Arise after Gov. Ricketts Uses His Own Money to Add Adviser to His Office
Omaha World-Herald – Paul Hammel | Published: 1/27/2015

Jessica Moenning, a longtime political operative of Nebraska Gov. Pete Ricketts, is joining the administration as a privately paid senior adviser. The arrangement has prompted questions about a private employee, paid out of the governor’s own pocket, being involved in public policies and using, at least for a time, publicly funded office space at the Capitol. Jack Gould of Common Cause Nebraska said a privately paid employee most likely would be accountable to the person who paid them, not to the public, and would most likely not be covered by laws governing ethics involving state officials.

New York – Sheldon Silver to Be Replaced as Speaker of New York State Assembly
New York Times – Jesse McKinley, Thomas Kaplan, and Susanne Craig | Published: 1/27/2015

New York Assembly Speaker Sheldon Silver agreed to give up the leadership position he has held for 21 years in the wake of federal corruption charges. The decision came after Democratic lawmakers met behind closed doors for two days to discuss their response to the turmoil that appears likely to end one of the longest active tenures in state politics, and paved the way for them to choose a new leader in an election to be held February 10. Assemblyperson Joseph Morelle, who is the majority leader and a top contender to succeed Silver, will become interim speaker.

Oregon – Cylvia Hayes Discloses another $118,000 for Consulting Fees
Portland Oregonian – Laura Gunderson | Published: 1/28/2015

More of the consulting work done by Oregon Gov. John Kitzhaber’s fiancée is coming to light. Cylvia Hayes confirmed she was paid $118,000 over two years to work with the Clean Economy Development Center. At the time, Hayes was advising the governor on similar topics. Ethics experts said Hayes’ job raises questions, such as whether her compensation was reasonable given the amount of work she did and whether her employer sought to use the connection to influence state policy. The admitted payouts conflict with statements Kitzhaber has made regarding Hayes’ consulting work, how his office handled her contracts, and statements he has made in his annual ethics filings.

South Carolina – Lawmaker Asks Would-Be SC Judges about ‘Supreme Being,’ Gay Marriage, Equal Pay for Women
The State – Cassie Cope | Published: 1/27/2015

South Carolina Rep. Jonathon Hill sent out a 30-question survey asking, among other things, about the “personal relationship” would-be state judges have with the “Supreme Being,” whether they would perform a gay marriage, and how they would rule if a woman sued for equal pay. Candidates for judgeships are barred ethically from responding to some of the questions, said Greg Adams of the University of South Carolina law school. “Answering these questions amounts to a promise to decide future cases in accordance with this political pledge,” said Adams.

Texas – Abbott: State Agencies Must Make Contracting Changes
Texas Tribune – Edgar Walters | Published: 1/28/2015

Texas Gov. Greg Abbott said the need for more oversight and transparency in state contracting is so great that it cannot wait for official action from lawmakers. In a letter to all state agency heads, Abbott ordered them to comply with the provisions of a new bill aimed at addressing problems highlighted by a no-bid contract scandal. The legislation, Senate Bill 353, would require the board chair or head of all agencies to sign all contracts worth more than a $1 million and publicly explain the reason for the lack of competition in any no-bid deal. It also would reiterate that state contract managers must disclose conflicts-of-interest and that officials cannot give a deal to a company in which they have a financial interest.

Utah – Lawmakers Use Swallow Scandal to Stall Campaign-Donation Caps
Salt Lake Tribune – Lee Davidson | Published: 1/27/2015

A House committee voted to hold a bill that would place caps on how much could be contributed to candidates. House Bill 60 would limit donations by individuals to $10,000 every two years for statewide races, and $5,000 in legislative races. It would limit contributions to parties, PACs, and labor unions to $40,000. Lawmakers worried that limits might hamper honest politicians in raising enough money to combat groups that sometimes funnel large amounts of untraceable “dark money” into an election.

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

Today we will be visiting the Alaska capitol and learning about its history.

The first Alaska statehouse was located in Elks Lodge Hall in Juneau, the current capital. Legislators started meeting there in 1913 after Alaska became a territory of the United States. Juneau was chosen as the capital over much debate. The cities of Sitka and Anchorage were favored by those in south-central, western, and interior Alaska because Juneau was difficult to access in the winter. However, Juneau had superior communication with the federal government and was an established mining town.

It took another 18 years after the choosing of Juneau for a statehouse to be built. The federal government was short on funds because of World War I, but the people of Juneau raised the rest of the amount in time for the statehouse to be completed in 1931.

The statehouse sits on almost 5 acres in Juneau near the coast of the Pacific Ocean. It was built in Art Deco style. The main material in the building is limestone from Prince of Wales Island in the southeastern part of the state. There is a replica of the Liberty Bell in the front of the building. In fact, every state was given one in 1950 in a campaign to promote federal savings bonds. The lobby has carvings depicting the abundance of natural resources, a crucial source of economic stability for Alaska.

There are designs in the works for a new statehouse. It will have an egg-shaped dome and a number of public spaces to encourage visitors. The new statehouse will be more environmentally friendly and inclusive of Alaskan motifs, such as the use of local stone and wood. It will even be constructed to preserve the views from other buildings. You can take a video tour of the Capital Building with Lt. Gov. Mead Treadwell in this video.

Thanks for joining us once again on yet another statehouse tour.

Photo of the Alaska State Capitol by Jay Galvin on Wikimedia Commons.

On March 20, a special election will be held for the American Samoa House of Representative seat left vacant by the death of Lemapu Suiaunoa Talo.

Lemapu, who had been in office for four years, ran in the November general election opposed by only one candidate, according to Marianas Variety. The deadline to file as a candidate for the office is February 6.

The contribution limit for Maine gubernatorial candidates has been increased by $75, from $1,500 to $1,575 per election.

The contribution limit for county and municipal offices has been increased by $25, from $750 to $775 per election.

The contribution limit for state legislative candidates remains unchanged at $375 per election.

The foregoing adjustments were effective for any election held on or after January 23, 2015.