The Fair Political Practices Commission has made upward adjustments to gift and contribution limits, using a formula provided in the Political Reform Act. Beginning January 1, 2013, the maximum value of a gift allowed to be accepted by an elected official goes up to $440, from $420.

The maximum contribution a legislative candidate can receive from an individual goes up to $4,100, from $3,900.

Candidates for governor will be able to accept $27,200, up from $26,000. The commission also adopted new rules concerning the public tracking of who is paying to qualify ballot measures and how much is being spent independently of candidates.

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Governor Jerry Brown signed into law a bill allowing the state Fair Political Practices Commission (FPPC) to enforce new campaign finance rules in the county. This is the first time the FPPC has been authorized by statute to contract with a county to enforce its campaign contribution limits.

County Supervisor Janice Rutherford originally proposed contracting with the FPPC to enforce a proposed county campaign law in lieu of creating a county ethics commission. Now with statutory permission in place, the county may proceed to craft a campaign finance law and negotiate contractual terms with the FPPC. Rutherford plans to bring her previous proposal to limit campaign contributions to $3,900 back before the board on August 21, 2012 for consideration.

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The Fair Political Practices Commission has approved a change to simplify lobbyist reporting requirements for “drop-in” events.

The amendment to regulation 18640 allows appetizers and beverages to be excluded from the gift valuation for an official who does not stay for any meal or entertainment. The value of the gift is now any specific item, other than food, presented to the official and guest accompanying the official, if the official notifies the lobbyist in writing that the official did not stay for any meal or entertainment.

The amendment provides consistency with regulation 18946.2(e), which was previously amended to exclude the value of appetizers and drinks from the value of a gift received by an official who briefly appears or drops by an invitation-only event. Prior to the amendment, the value of the gift received was limited to the actual value of the food and beverages consumed by the official and guest, along with the value of any specific item received at the event.

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The California Fair Political Practices Commission has approved changes to the gift regulations which will take effect on January 1, 2012.

Changes to the regulations include the ability for public officials to accept gifts from lobbyists without disclosure if a dating relationship exists.

Additionally, officials will be able to accept tickets to sporting events if the officials are attending the event to perform a ceremonial duty.

In such circumstances, the gifts are to be reported by the agency and not the official.

The Sacramento Bee reported last week that California’s Fair Political Practices Commission has opted for a $30,000 fine against lobbyist Frank Molina, instead of the higher $5o,000 fine it had considered.

You can read the whole story here: “FPPC sticks with $30,000 fine for lobbyist Frank Molina,” by Laurel Rosenhall and Torey Van Oot.

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The Fair Political Practices Commission has issued notice of proposed amendments to the California Code of Regulations to be considered at a public hearing on December 8, 2011. The proposed regulations codify commission guidance instructing filers to treat an in-kind contribution of the services of salaried personnel to a committee and the expenditure by the person making the salary payment as a contribution made on the payroll date of the salaried personnel.

The commission will also consider regulations which differentiate a contribution from a donation. Under the proposed regulation, a contribution is a payment made for a political purpose and includes payments to a multi-purpose organization. By contrast, a payment to a multi-purpose organization that is not made or used for a political purpose is to be treated as a donation and not a contribution for the purposes of identifying reportable contributions.

Lastly, the commission will consider amendments to the provisions pertaining to primarily formed and general purpose committees to assist filers in determining which label fits the purpose and structure of their committee.

The regulations define a general purpose committee as an ongoing committee which supports multiple candidates and measures in successive elections. General purpose committees include associations, political action committees, political party committees, major donors, as well as entities and individuals making independent expenditures.

The regulation proposes a standard for determining whether a committee is a state, county, or city general purpose committee. A committee will be considered a city or county committee if more than 70 percent of their activity is at the city or county level. Classification as a state committee will be the default.

Pursuant to the proposed regulation, a primarily formed committee is a committee formed or existing to support a single candidate or measure in a specific election. A committee will be considered primarily formed if more than 70 percent of the committee’s contributions and expenditures are for specific candidates or measures during the 24 months preceding the date where the candidate or measure is on the ballot.

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At its October 13, 2011 hearing, the Fair Political Practices Commission voted 3-0 to adopt Regulation 18421.31 regarding text message contributions. Per the new regulation candidates and committees are permitted to raise funds through low-dollar text message contributions.

For the purposes of the regulation, contributions are deemed to be received on the date that a mobile fundraising vendor, acting as an agent of the candidate or committee, obtains possession and control of the funds. Once received by the mobile fundraising vendor, contributions must be promptly reported to the candidate or committee’s treasurer or a designated agent thereof no later than the closing date of any campaign statement the candidate or committee is required to file.

For text message contributions of less than $25, candidates and committees will be required to maintain the dates and daily totals of contributions. For contributions exceeding $25 but less than $100, the regulation requires that candidates and committees record the full name and street address of the contributor, the cumulative amount received from each contribution, and any information regarding an intermediary where applicable.

When a contribution exceeding $100 is received, the regulation requires that the candidate or committee maintain a record of the contributor’s name and address, occupation, employer, the cumulative amount received from the contributor, and any information regarding an intermediary where applicable.

Under the regulation, a contribution made by text message will be attributed to the person who is subscribed to the cell phone number from which the contribution is received.

The Fair Political Practices Commission will hold an interested persons’ meeting on Tuesday, September 13, 2011 at 10:00 a.m. to discuss the proposed text message contribution regulation.  The commission has also issued a notice to adopt the text message regulation at a public hearing to be held on or after October 13, 2011.

The proposed regulation permits candidates and committees to raise funds through low-dollar text message contributions. For the purposes of the regulation, contributions are deemed to be received on the date that a mobile fundraising vendor, acting as an agent of the candidate or committee, obtains possession and control of the funds. Once received by the mobile fundraising vendor, contributions must be promptly reported to the candidate or committee’s treasurer or a designated agent thereof no later than the closing date of any campaign statement the candidate or committee is required to file.

For text message contributions of less than $25, candidates and committees will be required to maintain the dates and daily totals of contributions. For contributions exceeding $25 but less than $100, the proposed regulation requires that candidates and committees record the full name and street address of the contributor, the cumulative amount received from each contribution, and any information regarding an intermediary where applicable. When a contribution exceeding $100 is received, the regulation requires that the candidate or committee maintain a record of the contributor’s name and address, occupation, employer, the cumulative amount received from the contributor, and any information regarding an intermediary where applicable.

Under the proposed regulation, a contribution made by text message will be attributed to the person who is subscribed to the cell phone number from which the contribution is received.

The Fair Political Practices Commission has issued a notice to adopt two new regulations. The commission has also announced it will hold a public hearing on September 22, 2011 to consider the proposed regulations. The regulations to be considered have previously been made available for public comment and have since been revised.

The first proposed regulation to be considered modifies the reporting requirement for payments made at the behest of an elected officer which is made principally for a legislative, governmental, or charitable purpose in the aggregate amount of $5,000 or more. The regulation requires that a behested payment report be filed within 30 days of the date the payment is made. The Commission is considering whether a communication made on behalf of a charity which results in a donation is a behested payment.

The second proposed regulation would allow committees that have terminated to accept refunds from governmental entities and unexpected refunds from any other entities totaling $10,000 or less after termination of the committee. It would also permit terminated committees to transfer refunds to other committees without having to reopen the terminated committee. Refunds that are transferred to a new committee would be reported as if they had been received prior to termination and attributed accordingly when transferred to the new committee.

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The Commission will discuss “behested payments” and examine the scenario where a public official’s name is listed on the letterhead of a fundraising letter for a nonprofit organization, but neither the official nor any person on his or her staff acts as an agent to solicit donations on behalf of the official.

The commission will also discuss a proposed regulation regarding the use of text messages to raise funds through low dollar contributions.

Lastly, the commission will be discussing a proposed regulation that would allow terminated committees to receive a refund and legally transfer the refund to a new committee without having to reopen the terminated committee so long as both committees report the transaction.