January 19, 2012 •
SuperPAC Spending and Disclosure in the News
Here is a chart revealing television ad spending in South Carolina by candidates versus spending by super Pacs, legislation in Arizona that would require disclosure of corporate spending on campaigns, and a run-down of super PAC disclosure in California:
“Candidate and Super Pac Spending” by Khang Nguyen in the Los Angeles Times.
“Bill would require disclosure of campaign spending” by Alia Beard Rau in the Arizona Republic.
“California could be model for ‘super PAC’ disclosure” by Josh Richman in the San Jose Mercury News.
December 27, 2011 •
Senator to Propose Lobbyist Registration Fee Increase
CAL-ACCESS to Benefit
California State Senator Leland Yee has formally announced plans to introduce legislation to raise the lobbyist registration fees upon commencement of the 2012 legislative session.
The money raised by the increased fees would be used to finance maintenance and upgrades to CAL-ACCESS, the state transparency database for lobbying and campaign finance filings. CAL-ACCESS has been down since the end of November.
December 15, 2011 •
California Campaign Transparency Website is Still Down
Secretary of State unable to give a date when the system will be back online.
California’s campaign finance online database, the Cal-Access system, has been out of service for two weeks leaving people unable to search the state’s political contribution and lobbying reports.
The Los Angeles Times reported about the situation in “Campaign database still down, prompting calls for investigation” by Patrick McGreevy.
According to the article, “State Sen. Leland Yee (D-San Francisco) announced Wednesday that he is introducing legislation to double the registration fees paid by the state’s 1,000 lobbyists to finance proper maintenance of Cal-Access.”
December 14, 2011 •
San Francisco Hackathon Produces Open Government Apps
Legislative alerts, ethics, and lobbying information made available and searchable
CityCampSF gathered app developers for a hackathon last weekend. The result was a series of apps that took raw government datasets and turned them into usable, searchable information. One app will allow people to receive city legislative alerts and agenda item alerts based on keywords. Another app will make ethics commission data and lobbyist filings searchable.
Don’t miss what Govtech reported in “SF Hackathon Produces Legislative Alert App Prototype” by Sarah Rich.
Here is CityCampSF’s summary of the results from the Hackathon in “CityCampSF Outcomes” on AdrielNation’s blog:
“What happened at CityCampSF Hackathon 2011 on Saturday and Sunday? Lots of great discussion about technology and open government, folks meeting for the first time over pizza, Red Bull and Peanut M&Ms, and some civic hacking on online lobbyists filings, timber harvest plans and text notifications for public meeting agenda keyword alerts.”
December 12, 2011 •
FPPC Passes New Gift Regulations
Regulations take effect January 1, 2012
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.
December 6, 2011 •
Los Angeles City Council Responds to Citizens United
Vote on Proposed Resolution Scheduled for Today
The Los Angeles City Council will vote today on a proposed resolution which calls on the U.S. Congress to pass a constitutional amendment declaring only living persons, not corporations, have constitutional rights and money is not the same as free speech.
The resolution, proposed in response to the U.S. Supreme Court’s Citizens United decision, further declares the Citizens United decision supersedes state and local efforts to regulate corporate political activity.
If the resolution passes, Los Angeles will join other municipalities such as Missoula, Montana and Boulder, Colorado which have passed similar resolutions.
Seal of the City of Los Angeles by Mysid on Wikipedia.
November 14, 2011 •
Lobbyist Frank Molina Fined $30,000 by FPPC
Sacramento Bee reports
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.
Seal of the State of California by Zscout370 on Wikipedia.
November 7, 2011 •
FPPC Issues Notice of Proposed Guidelines
Committee Designation to be Addressed
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.
Image of the Seal of California by Zscout370 on Wikipedia.
November 1, 2011 •
Riverside County Enacts Mandatory Electronic Filing Ordinance
Candidates, Candidate Controlled Committees, and Independent Committees Affected
The Riverside County Board of Supervisors has approved ordinance number 913 which makes electronic campaign finance disclosure mandatory for candidates, candidate controlled committees, and independent committees which receive contributions or make expenditures of $5,000 or more.
Once the electronic reporting threshold has been met, all subsequent reports must be filed electronically.
The ordinance will take effect on November 28, 2011.
October 24, 2011 •
San Francisco Ethics Commission Passes Campaign Finance Reform
Third Party Disclaimer, Disclosure, and Reporting to be Required
The San Francisco Ethics Commission has approved amendments to the campaign finance reform ordinance. The language of the amendments is forthcoming and will be approved by the commission at the November 14, 2011 meeting.
Amendments that were proposed and approved at the October 19, 2011 commission meeting include disclaimer, disclosure, and reporting requirements for communications that are paid for by third parties concerning candidates for city elective office, an affirmation of the $500 per person contribution limit to candidates, and permission for campaign funds to be used by a candidate to attend a fundraiser for a charitable organization. The commission also approved a provision which will allow the commission to modify the $500 limit to reflect the consumer price index for future elections.
The commission further clarified that a candidate may transfer funds from the candidate’s committee only before the funds become surplus.
October 19, 2011 •
San Jose Passes Campaign Finance Law
Modifies voluntary campaign expenditure limits and blackout periods
The San Jose City Council voted unanimously on Tuesday, October 18 to change the city’s campaign finance laws. Changes approved include the elimination of the city’s blackout periods which prohibit campaign contributions within 17 days of a regular election and within seven days of a special election.
Per the new law, the voluntary candidate campaign expenditure limits will increase from $1.00 per resident per election to $1.25. The rate for mayoral elections will remain the same at $0.75 per resident per election.
Further changes implemented by the new law eliminate an increase in the voluntary expenditure cap triggered by the fundraising efforts of other candidates and independent committees who do not choose to accept the limit.
October 17, 2011 •
Torrance City Council to Consider Ethics Recommendations
Voluntary Ethics Course and Pledge to be Considered
The Torrance City Council will consider recommendations to revise its ethics laws at the October 18, 2011 city council meeting.
The recommendations to be considered include amending the code of ethics to extend to candidates for elective office and adopting guidelines which include a voluntary ethics course and ethics pledge for elected officials, appointed officials, and candidates for elective office.
October 10, 2011 •
California Governor Signs Senate Bill 398
Changes registration and reporting requirements for placement agents
California Governor Jerry Brown has signed senate bill 398 into law. The bill alters definitions and reporting requirements for those who do business with the board of a public pension or retirement system to manage securities or other assets and went into effect upon signature.
Specifically, the new law modifies the definition of external managers to mean a person who is seeking to be, or is, retained by a board or an investment vehicle to manage a portfolio of securities or other assets for compensation, or a person who manages an investment fund, and who offers or sells, or has offered or sold an ownership interest in the investment fund to a board or investment vehicle. The law also alters the definition of a placement agent to a person directly or indirectly hired, engaged, or retained by, or serving for the benefit of or on behalf of, an external manger and who acts or has acted for compensation as a finder, solicitor, marketer, consultant, broker, or other intermediary in connection with the offer or sale to a board or investment vehicle either the investment management services of the external manager or an ownership interest in an investment fund managed by the external manager.
Additional changes made as the result of the new law include the exemption of placement agents from any requirements imposed by a local government agency, including lobbyist registration and reporting, if the placement agent is an employee, officer, or director of an external manager, or of an affiliate of an external manager, and the external manager is registered as an investment adviser or a broker-dealer with the Securities and Exchange Commission or any state securities regulator. Further, placement agents are exempt from local requirements if the external manager is participating in a competitive bidding process, such as a request for proposal, or has been selected through a competitive bidding process and is providing services pursuant to a contract executed as a result of that bidding process, or when the external manager, if selected through competitive bidding, has agreed to a fiduciary standard of care for the contract.
October 4, 2011 •
California Senator to Propose Revolving Door Expansion
Board Members to be affected
State Senator Lou Correa is planning to introduce legislation that would make members of the public who are appointed to serve on boards subject to the state’s revolving door provision.
The legislation would require that all board members wait 12 months after terminating board service before lobbying their former colleagues.
Photo of the California Senate chamber by David Monniaux on Wikipedia.
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