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.

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.

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.

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.

The San Bernardino County supervisors voted to endorse a plan to limit campaign contributions at their September 27, 2011 meeting. The supervisors further voted to direct the county counsel’s office to draft an ordinance to be voted on by the supervisors at a future meeting.

The current plan would allow individuals to donate up to $3,900 per election cycle. Small contributor committees would be permitted to donate $7,800 per election cycle.

Two San Bernardino County supervisors will introduce a proposal at the Board of Supervisors meeting on September 27, 2011 which would create a law regulating political contributions for county elections.

The supervisors hope to impose and enforce limits on contributions from individuals, businesses, and political action committees contributing to county elections.

The image of the San Bernardino County Seal by Jetijones on Wikipedia.

The Riverside County Board of Supervisors will be considering a proposal today which would make electronic filing mandatory for all campaign finance reports filed by candidates and PACs.

The county registrar of voters presently has a system that allows for electronic filing; however, use of the system is optional.

The move to mandatory electronic filing is being proposed as a mechanism to increase transparency.

On this day in history 161 years ago, September 7, 1850, California was admitted to enter into the Union as a free state as part of the Compromise of 1850.

Two days after the House passed the bill, President Millard Filmore signed the measure into law, allowing California to enter the union as the 31st state on September 9th.

Read more from The Office of the Clerk.

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.

Implementation of Measure H, a campaign finance reform approved by voters earlier this year, has been delayed by the Los Angeles City Council.

Measure H bans campaign contributions from contractors to elected officials responsible for reviewing proposals for city work valued at $100,000 or more.

Photo of the Los Angeles by BRION Vibber on Wikipedia and the Seal of Los Angeles by Mysid on Wikipedia.

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.

Original image of the Seal of the State of California by Zscout370 on Wikipedia.

California may become the first state to allow political contributions on the state and local levels to be made by text message on your smartphone. The  California Fair Political Practices Commission is behind a plan that would allow such contributions by the 2012 elections. Approval is expected by October.

The hope is that this will allow for small donations and widen the number of people who are engaged in the political process. Last December, the Federal Election Commission rejected a similar plan for federal campaigns.

Here is a Capital Public Radio recording of Commission Chair Ann Ravel talking about the idea and what regulations would need to accompany it.

Today’s San Francisco Chronicle offers “Calif. poised to OK political donations via text,” by Carla Marinucci.

Santa Clara Superior Court Judge James P. Kleinberg has issued a proposed decision striking down a San Jose law that bars campaign contributions to candidates during the 17 days leading up to an election.

The proposed decision will be finalized in August.

Federal:

IRS Drops Audits of Political Donors

New Breed of ‘Super PACs,’ Other Independent Groups Could Define 2012 Campaign

From the States and Municipalities:

Alabama

Alabama Democratic Conference Files Lawsuit to Stop New Alabama Law Banning Political Fund Transfers

Arizona

Arizona Conservatives Scramble after Campaign Finance Law’s Defeat

California

Marijuana Lobbyist’s Fundraiser for DA Raises Questions

Veil Drawn on Donors to Latino Caucus-Controlled California Nonprofit

Connecticut

Agent Who Arrested Politicians Now Seeks House Seat

Georgia

Lobby Late Fees Add Up

Illinois

Mayor Rahm Emanuel Proposing New Round of Ethics Reforms

Iowa

Judge Upholds New Iowa Campaign Disclosure Rules

Massachusetts

House Leader Apologizes for Holocaust Remarks

Michigan

Justices Stop Political Gifts Taken at Work

Minnesota

Campaign Board Rejects NOM’s Efforts to Shield Donors in Marriage Battle

Pennsylvania

Lobbying Law on Hold

South Carolina

Lt. Gov. Ard Paying $48,000 Fine

Washington

Ex-Prisons Chief Eldon Vail Says He Resigned Because of an Affair with Subordinate

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.

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Jim Sedor is editor of News You Can Use.