On December 17, 2015, the Fair Political Practices Commission amended its regulations related to agency provided tickets or passes. Currently, tickets and passes an agency provides to agency officials for entertainment, amusement, or recreational events are treated as gifts.

Regulation 18944.1 creates an exception from the statutory definition of “gift” for tickets or passes provided by an agency to certain agency officials under specified circumstances, allowing agency officials to use tickets and passes without violating the state’s gift law.

The proposed regulation was adopted with a vote of 5-0. It will go into effect 30 days after filing with the Secretary of State.

The Fair Political Practices Commission (FPPC) has proposed rules amending reporting requirements for “other payments to influence legislative or administrative action”, as provided in California Government Code section 86116. The proposed regulations require such payments to be itemized on periodic disclosure reports.

According to the FPPC, these payments encompass a range of expenditures and lump sum reporting does not provide the type of transparency imagined by the drafters of the statute. The amended regulations affect lobbyist employers and persons spending $5,000 or more to influence legislative or administrative action.

The FPPC will hold an interested persons meeting on December 3, 2015 at 10 a.m. to solicit public comment regarding the proposed rules. The rules will be considered for adoption at the FPPC’s January 21, 2016, meeting.

The Fair Political Practices Commission (FPPC) adopted a regulation during its meeting on February 19 to ban political fundraisers in the homes and offices of lobbyists.

Regulation 18215 modifies the definition of “contribution” to include the value of a lobbyist home or office if the lobbyist were to host a campaign fundraiser. Previously, lobbyist fundraisers did not qualify as an otherwise prohibited contribution so long as the value of hosting the fundraiser did not exceed $500.

The change in regulation was necessary following recent amendments to the Political Reform Act effectively prohibiting all fundraisers hosted by a lobbyist or lobbying firm.

The FPPC rejected arguments to exempt hosted fundraisers for local candidates or fundraisers for which the lobbyist was reimbursed.

The Fair Political Practices Commission has released the first known government ethics app. A free smartphone app called Gift Tracker is available for Android 4.0 phones (coming soon for iPhones) to let state officials and employees record gifts received from restricted sources.

Features allow users to record and search gift donors and the balance of allowable gifts remaining. In other words, an official sitting down to a free meal can check his phone to determine whether he orders the salad or the steak.

Information and download of the app are available here.

Ann Ravel, Chair of the Fair Political Practices Commission, has assigned a working group to take on issues relating to lobbying disclosure practices. Currently, lobbying disclosure forms allow reporting of huge sums in a catch-all category requiring no detailed reporting to authorities.

State law allows groups hiring lobbyists to report spending related to lobbying, but not meeting the legal definition of lobbying, as a single lump sum in a category listed as “other payments to influence.” Over the past 12 years, lobbying groups have listed in this category over one-quarter of the $2.9 billion spent on lobbying efforts.

The working group is set to include lobbyists, watchdog representatives, and political lawyers.

Assembly Bill 481, recently signed by Governor Jerry Brown, is the latest amendment to the Political Reform Act of 1974. The changes are an effort to increase accountability and transparency by requiring faster disclosure of major contributions and independent expenditures occurring shortly before an election.

Definitions for late contributions and late independent expenditures have been expanded to include any aggregated contributions or expenditures of $1,000 or more made within 90 days before the date of the election. Disclosure of these late transactions is required within 24 hours of delivery. The law also requires advertisements to contain a disclosure of the two top contributors of the committee making the independent expenditure.

The Fair Political Practices Commission is currently revising the 2013 filing schedules in preparation of the January 1, 2013 effective date.

The Fair Political Practices Commission has announced cancellation of the October 18, 2012 meeting. Regulations previously scheduled for review included a requirement for political committees to report expenses associated with online communications such as blogs, Facebook, and Twitter. Biennial adjustment reviews of campaign contribution limits, voluntary expenditure ceilings, and gift limits have also been postponed.

These and other potential regulation changes are tentatively scheduled to be considered during the December 13, 2012 commission meeting at 10:00 a.m. The meeting will be held in Board Chambers Room 310, County Administration Center, 1600 Pacific Highway, San Diego, California 92101.

Federal: “How to Beat Citizens United” by E.J. Dionne, Jr. in The Washington Post.

Arkansas: “Arkansas attorney general certifies ballot wording for item on lobbying, campaign finance” by The Associated Press in The Republic.

California: “State political watchdog chair wants bloggers to reveal payments” by Brian Joseph in the Orange County Register.

California: “California ethics czar urges disclosure of payments to Web pundits” by Patrick McGreevey in the Los Angeles Times.

California: “California looks to crack down on political bloggers paid by campaigns” by Jim Sanders in The Sacramento Bee.

Virginia: “New Electronic Campaign Filing Lauded in Virginia” by The Associated Press in Governing.

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.

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.