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.

Lobbying

Arizona: “Lobbying Records Only Disclose Recipient for $1 Out of Every $8 Spent” by Justin Price for Arizona Center for Investigative Reporting

Texas: “Travis County Has No Rules for Registering Lobbyists” by Sean Collins Walsh for Austin American-Statesman

Campaign Finance

“Clinton, Bush Lawyers Square Off in FEC Proxy War” by Isaac Arnsdorf and Theodoric Meyer for Politico

Alaska: “Group Files Federal Lawsuit Challenging Alaska Campaign Contribution Limits” by Austin Baird for KTUU

Wisconsin: “Assembly GOP Approves Rewritten Campaign Finance Laws” by Patrick Marley for Milwaukee Journal Sentinel

Ethics

District of Columbia: “Metro Board Chairman Cleared of Alleged Ethics Violation” by Paul Duggan for Washington Post

Illinois: “Feds Seize Computers, Files on Chicago Officials from Outgoing Inspector General” by Natasha Korecki for Politico

New York: “At Trial, Prosecutors to Detail Dean Skelos’s Favors for His Son” by William Rashbaum for New York Times

Elections

“How the Kochs Launched Joni Ernst” by Kenneth Vogel for Politico

“In Presidential Campaign, It’s Now Terrorism, Not Taxes” by Jonathan Martin for New York Times

The Pennsylvania Ethics Commission is increasing its enforcement efforts against those who fail to report lobbying expenditures. This year, 31 groups were cited for failing to file expense reports with fines totaling $90,300. In comparison, last year, only 15 citations were issued with fines reaching $44,000.

At the same time, the General Assembly is working on legislation to increase the penalty for noncompliance. House Bill 1348’s proposed increase is from $50 per day to a tiered system where the fine increases the later the report becomes. The bill passed the House unanimously in October and is awaiting action in the Senate.

The Ethics Review Commission has given its support to Council Member Leslie Pool’s proposed lobbying law changes. These changes include broadening the definition of lobbyist, increasing disclosure requirements, and removing a loophole allowing part-time lobbyists to avoid registering.

Pool’s proposal has been met with opposition from those involved in the design and building industries. They claim the ordinance is too broad and would require architects, engineers, and others involved in the building industries to register as lobbyists. Also, many of these professionals currently serve on city boards and commissions. If they are required to register, they will have to resign from those seats because city law prohibits registered lobbyists from serving on city boards and commissions. The group representing the developers feels such a move would result in the city being robbed of valuable expertise.

This opposition has resulted in Pool making some changes to the ordinance, but the group representing developers is still not satisfied.

So far, registered lobbyists have not opposed the new changes even though the proposal would increase their reporting requirements. If passed, the ordinance would require lobbyists to provide greater detail about who they are representing, how much money is being spent on a lobbying efforts, and how much they receive in payments from clients.

The ordinance will now be presented to the Audit and Finance Committee. From there is will proceed through City Council, with a possible final vote coming early next year.

Photo of the Austin, Texas skyline by Erik A. Ellison on Wikimedia Commons.

Lobbying

“Ethics Commission Recommends Controversial Lobbying Ordinance” by Jack Craver for Austin Monitor

Campaign Finance

“FEC: Notable conservatives tied to nonprofit scofflaw” by Cady Zuvich for Center for Public Integrity

Alaska: “Campaign Finance Commission Says Group Tied to Gov. Walker Aide Broke Law” by Nathaniel Herz for Alaska Dispatch

District of Columbia: “D.C. Mayor’s Allies Reluctantly Shut down Controversial PAC” by Aaron Davis for Washington Post

Utah: “Pricey Mayoral Race Prompts Salt Lake City Council to Consider Campaign Finance Reform” by Katie McKellar for Deseret News

Ethics

Georgia: “Ethics Group Gives Georgia a D- for Ethics, Openness” by Walter Jones (Morris News Service) for Southern Political Report

Maryland: “Annapolis Commission Member Removed after Failure to Sign Ethics Compliance Form” by Chase Cook for Capital Gazette

North Carolina: “North Carolina Gets Mixed Marks on Integrity Report” by Mark Binker for WRAL

Elections

“Obama Legacy in State Offices: A shrinking Democratic share” by Sheryl Gay Stolberg, Michael Shear, and Alan Blinder for New York Times

“Time for GOP Panic? Establishment Worried Carson or Trump Might Win” by Philip Rucker and Robert Costa for Washington Post

Procurement

“D.C. Lawmakers Look at How to Fix the City’s Troubled Contracting Process” by Abigail Hauslohner for Washington Post

Lobbying

California: “Lobbyist Meetings Missing from San Jose Council Calendars” by Ramona Giwargis for San Jose Mercury News

Campaign Finance

Indiana: “Legislative War Chests: Purse or puppet strings?” by Marc Chase for Northwest Indiana Times

New York: “Backed by Nail Salon Owners, a New York Legislator Now Fights Reforms” by Sarah Maslin Nir for New York Times

Ethics

“Only Three States Score Higher Than D+ in State Integrity Investigation; 11 Flunk” by Nicholas Kusnetz for Center for Public Integrity

Arizona: “Survey: Arizona gets a ‘D’ for public access” by Joe Ferguson for Arizona Daily Star

New Jersey: “Advocacy Group’s Ranking of N.J. on Access, Integrity Falls Sharply” by Dustin Racioppi for Bergen Record

Ohio: “Ohio Graded D+ in Report on Integrity” by Jim Siegel for Columbus Dispatch

Wisconsin: “Senate GOP Votes to Overhaul Campaign Finance, Revamp Board” by Todd Richmond (Associated Press) for Albany Times Union

Wyoming: “Wyoming Second to Last in Transparency” by Laura Hancock for Billings Gazette

Elections

“Donald Trump Advertises Rising Value of Free Political Publicity” by Ashley Parker for New York Times

Beginning November 1, the Virginia Conflict of Interest and Ethics Advisory Council assumed responsibility for all lobbyist registrations and disclosures. Created in the spring by the passage of House Bill 2070, the Council is required to review all disclosure forms filed by lobbyists, as well as state officers, employees, and legislators.

Paper and electronic versions of lobbyist registration and reporting are available through the Council’s website, however, electronic reporting will become mandatory beginning with the December 15, 2016 report.

House Bill 2070 followed an unsuccessful attempt to create the Council in 2014. In the previous instance, a battle over the state budget between the General Assembly and the governor resulted in the Council not receiving funding.

Proposition C, a measure requiring registration fees and monthly reports from expenditure lobbyists, was approved by voters in San Francisco. The measure creates a new category of lobbyists, termed expenditure lobbyists, defined as organizations who employ lobbyists to influence city officials.

The measure imposes a registration threshold of $2,500 or more in a calendar month spent soliciting, requesting, or urging other persons to communicate directly with a city official. Expenditure lobbyists must pay a $500 fee to register with the city.

The measure takes effect February 1, 2016.

Campaign Finance

“Larry Lessig Ends Presidential Campaign, Citing Unfair Debate Rules” by David Weigel for Washington Post

Arizona: “Elections Panel Moves to Uncover Political ‘Dark Money’” by Howard Fischer (Capitol News Services) for Arizona Daily Star

New Jersey: “Analysis: Outside money may flood 2017 election” by Dustin Racioppi for Bergen Record

New Mexico: “Flurry of Campaign Finance Cases after Duran Indictment Renews Call for Ethics Commission” by Justin Horwath for Santa Fe New Mexican

Oregon: “Activists Angle for Oregon Campaign Finance Measures” by Taylor Anderson for Bend Bulletin

Ethics

New York: “In Two Corruption Cases, the Culture of Albany Will Go on Trial” by William Rashbaum and Susanne Craig for New York Times

North Carolina: “McCrory Brokered Meeting on Contract for Friend and Campaign Donor” by Joseph Neff, Craig Jarvis, and Ames Alexander for Raleigh News & Observer

Elections

“How Donald Trump Leverages America’s Fault Lines” by Lynn Vavreck for New York Times

Redistricting

Maryland: “D.C. Law Student Takes Case against Md. Gerrymandering to Supreme Court” by Robert Barnes for Washington Post

Lobbying

“Top Lobbyists 2015: Hired Guns” by Staff  for The Hill

“Top Lobbyists 2015: Corporate” by Staff for The Hill

Campaign Finance

“F.E.C. Panel Delays a Decision on Spending in ’16 Races” by Eric Lichtblau for New York Times

New York: “Albany Plan Would Expand Conflict-of-Interest Policies” by Jesse McKinley for New York Times

Ethics

New Mexico: “Attorney General Says Public Corruption Law Needs Teeth” by Dan Boyd for Albuquerque Journal

Oregon: “John Kitzhaber Offered Fiancée Help Securing Foundation Support” by Les Zaitz for Portland Oregon

Wisconsin: “Senate Republicans Take Cautious Tack on GAB, Campaign Finance Bills” by Mark Sommorhauser for Madison.com

Elections

“Winning Isn’t Everything” by Jason Zengerle for Politico Magazine

Florida: “Miami Beach Candidate Sued after Publishing Opponent’s Social Security Number” by Joey Flechas for Miami Herald

The European Commission (EC) in Brussels has recently announced its intention to implement a US-style reform to force lawyers who lobby to register their clients.

The Council of Bars and Law Societies of Europe (CCBE) has argued this new requirement is a violation of the confidentiality rules of the European Bar Association. The CCBE believes the reform would also violate national bar requirements of the European Union (EU) member states.

Brussels is considered the hub of European policymaking and home to EC headquarters. Lobbying efforts are directed towards the EC to influence legislation. Lobbyists who wish to meet with EC commissioners, cabinet members, and directors-general must register and disclose clients in the Transparency Register.

Federal:

Conservative PACs Turn Attack on G.O.P. Leaders into Fund-Raising Tool
New York Times – Eric Lipton and Jennifer Steinhauer | Published: 10/23/2015

Petitions to oust Republican leaders in Congress that started surfacing online over a year ago did not come from Democrats. They came from conservative websites and bloggers who have helped stoke a grassroots rebellion to make Congress more conservative, a continuation of the tea party movement. But these politically charged appeals to conservatives around the country were often accompanied by a solicitation for money, and the ultimate beneficiaries, records suggest, are the consultants who created the campaigns rather than the causes they are promoting.

Dennis Hastert, Ex-Speaker of House, Pleads Guilty
New York Times – Monica Davey and Mitch Smith | Published: 10/28/2015

Former U.S. House Speaker J. Dennis Hastert pleaded guilty to bank fraud charges connected to $1.7 million he paid to cover up what federal officials said was sexual misconduct dating back to his years as a high school teacher and coach. He pleaded guilty to one count of “structuring” – taking money out of the bank in amounts below $10,000 to evade reporting rules on large cash movements. When the FBI questioned Hastert on why he withdrew the money, he told agents he did not feel safe with the banking system. The plea allows Hastert to avoid an in-court airing of his past. Prosecutors are recommending up to a six-month prison sentence.

DNC Courts Lobbyist Cash with Promise of VIP Access at Convention
The Hill – Megan Wilson | Published: 10/22/2015

Leaders from the Democratic National Committee (DNC) met with dozens of lobbyists to unveil plans for next year’s nominating convention in Philadelphia and kick off a bout of fundraising for the event. The national convention, still eight months away, will be an expensive party to throw, with early estimates putting the price tag at $85 million. Documents obtained by The Hill show the DNC handed out a menu of reward offerings in exchange for donations and bundled cash. Individuals are able to give a maximum of $100,200 to the DNC’s convention fund per year, but are encouraged to bundle together many times that figure.

FEC Overhauls Website to Make It Easier to Track Campaign Money
USA Today – Fredreka Schouten | Published: 10/27/2015

The FEC is set to unveil a $2.5 million overhaul of the agency’s website that will make it easier for average citizens to follow the money themselves. Among the many changes is that the new version can be viewed on any size screen, allowing users to view campaign finance data on their mobile phones and tablets. The commission’s disclosure database contains more than 14 billion data elements, and FEC Chairperson Ann Ravel said she finds the current site so hard to navigate that she usually just asks a staffer to find the information she wants. She said the new site will be more intuitive.

Investing in Lobbying Pays Off
New York World – Masako Melissa Hirsch | Published: 10/28/2015

Motif Investing created an investment option for its clients consisting of the 20 companies that spend a larger share of their assets on lobbying than other firms. The Kings of K Street stock portfolio has outperformed the Standards & Poor’s 500 by a factor of two for the past two years, according to Motif. In each of the past seven years, businesses, advocacy groups, and others spent more than $3 billion on lobbying the federal government. Billions more were spent at the state and local levels. Some research has pointed to the benefits of lobbying. Studies have found companies that lobby have lower tax rates, for example.

Paul Ryan Is Elected House Speaker, Hoping to Manage Chaos
New York Times – Jennifer Steinhauer | Published: 10/29/2015

Lawmakers elected U.S. Rep. Paul Ryan as the speaker of the House, putting an end to weeks of uncertainty over who would lead the raucous GOP conference after John Boehner’s surprise resignation. Ryan’s election gives House Republicans a chance to hit the reset button. Throughout Boehner’s nearly five years as speaker, centrist members and tea party conservatives were at war with each other over policy and tactics. The test for Ryan will be whether he can manage, perhaps even blunt, the hardline wing of the Republican conference, or if he too will fall to its members’ intransigence. He had warned members that while he would take their concerns about process seriously, he would not brook dissent that would undermine his ability to lead them.

From the States and Municipalities:

California – Former SF Police Union President Fined for Illegally Lobbying Last Year
San Francisco Examiner – Jonah Owen Lamb | Published: 10/27/2015

Gary Delagnes, formerly the San Francisco Police Association’s head and sometime spokesperson, was fined $5,500 for not registering as a lobbyist and failing to file disclosure reports required in connection with an effort to defeat a resolution on police brutality last December. At the time he was a paid political consultant for the union. City law defines a lobbyist as anyone who makes one or more contacts with elected officials on behalf of their employer. Delagnes says he never registered because he did not think his actions qualified as lobbying. He simply emailed several supervisors about the issue.

Kansas – Kansas Legislation Is Most Anonymous in Nation
Topeka Capital-Journal – Celia Llopis-Jepson | Published: 10/26/2015

More than 90 percent of bills in Kansas’ 2015 legislative session did not bear the names of lawmakers involved in writing or introducing them. Over several decades, the state’s lawmaking system has evolved into one in which legislators introduce hundreds of bills yearly —but only put their names on a small number for which they want to take credit. Public efforts to explore the origin of bills face obstacles: lawmakers file proposals for each other, written meeting minutes are not user friendly, and legislators themselves say some are engaging in a cat-and-mouse game to conceal involvement in controversial bills.

Louisiana – Louisiana Primary’s Ugly Race
Bloomberg.com – Ben Kamisar | Published: 10/29/2015

In a race that made a late but convincing case for the enduring entertainment value of Louisiana politics, U.S. Sen. David Vitter barely squeaked out a second-place finish in the primary election for governor to make a runoff against John Bel Edwards, a Democratic state representative. For months, Vitter was seen as the front-runner, but over the summer his lead steadily disintegrated.  Vitter’s opponents spent significant time and money rehashing Vitter’s 2007 prostitution scandal, including a claim by a local blogger that Vitter had fathered a child with a prostitute. A private investigator conducting opposition research for the Vitter campaign was arrested near New Orleans recently.

New Mexico – Dianna Duran Resigns, Pleads Guilty to Two Felonies
NewMexicoPolitics.net – Heath Haussamen | Published: 10/23/2015

New Mexico Secretary of State Dianna Duran, who was charged with multiple counts of public corruption, pleaded guilty to four misdemeanors and two low-level felonies in a plea deal that will likely spare her jail time and allow her to keep her pension. The agreement came just hours after she submitted her resignation. Duran was facing 65 criminal charges including embezzlement, money laundering, and fraud stemming from allegations she illegally transferred about $13,000 in campaign funds to her personal account. Prosecutors said Duran altered her campaign finance reports she filed with her own office to cover up the transfers that were part of an elaborate scheme to support a gambling habit.

New York – Albany’s Museum of Political Corruption No Longer Just a Funny Idea
Albany Business Review – Michael DeMasi | Published: 10/28/2015

Bruce Roter, a music professor at the College of St. Rose, wants to open a Museum of Political Corruption in Albany. The museum would be a place to explore, understand, and poke some fun at the fact New York’s past and present are filled with tales of politicians-gone-bad. New chapters in that long history are being written seemingly every day. The New York Board of Regents granted the museum a five-year provisional charter and it now has an eight-member board of trustees. “It’s funny, but it’s serious at the same time,” Roter said. “… If this can make the whole subject less complicated, if people feel empowered they can do something or have a say about the governance in our state, then I think they are doing a tremendous service to our community.”

New York – Oracle Sued by N.Y. Pension over Political-Giving Disclosure
Bloomberg.com – Freeman Klopott | Published: 10/28/2015

Oracle was sued by a New York pension fund over allegations the company is withholding information about its political donations. State Comptroller Thomas DiNapoli has been using his position as the sole trustee of New York’s $184.5 billion pension fund to press corporations to make their donations public after the Supreme Court’s 2010 ruling in Citizens United allowed companies to make political gifts without limitations. The fund owns about 10 million shares of Oracle. DiNapoli said the company did not live up to a 2007 agreement with the Sheet Metal Workers’ National Pension Fund to provide an annual report disclosing policies for political contributions. The company also did not respond to specific requests from the fund for those records, according to the lawsuit.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

Lobbying

“DNC Courts Lobbyist Cash with Promise of VIP Access at Convention” by Megan Wilson for The Hill

Illinois: “Spending by Lobbyists Up This Year; Diana Rauner-Led Organization Tops List of Spenders” by Doug Finke for State Journal Register

New York: “JCOPE Issues Fines to Housing Activists, Others on Filing Violations” by Rick Karlin for Albany Times Union

Texas: “Opposition to Lobbying Resolution Organizes” by Elizabeth Pagano for Austin Monitor

Campaign Finance

“‘Fire Paul Ryan’? Rebel PACs Hit Republicans, and It Pays” by Eric Lipton and Jennifer Steinhauer for New York Times

Ethics

“DOJ: No criminal charges in IRS Tea Party probe” by Kevin Johnson and Gregory Korte for USA Today

Colorado: “New Working Group Could Slow Denver Ethics Code Changes” by Jon Murray for Denver Post

North Carolina: “NC Ethics Panel Gets Extra Funding to Chip at Backlog” by Gary Robertson (Associated Press) for Ashville Citizen-Times

Elections

“Jeb Bush Shakes Up His Struggling Campaign with Major Spending Cuts” by Philip Rucker for Washington Post

Legislative Issues

Kansas: “Kansas Legislation Is Most Anonymous in Nation” by Celia Llopis-Jepsen for Topeka Capital-Journal

Lobbying

“APA to Pay $9M to Settle Lobbying Fee Class Action” by Charley Himmel for Courthouse News Service

Arkansas: “Lobbyist Tells of Loan Made to Lawmaker” by Michael Wickline for Arkansas Online

Campaign Finance

Illinois: “Ruling: Campaign finance limits don’t apply to unions with city contracts” by Fran Spielman and Dan Mihalopoulos for Chicago Sun-Times

New Jersey: “N.J. Attorneys Accused of Concealing Political Donations” by Samantha Marcus (NJ Advance Media) for Newark Star-Ledger

New Mexico: “Former Senator Is Still Spending Campaign Funds” by Dan Boyd for Albuquerque Journal

New Mexico: “Dianna Duran Resigns, Pleads Guilty to Two Felonies” by Heath Haussamen for NewMexicoPolitics.net

South Dakota: “Campaign Contribution Limits on Chopping Block” by Joe Sneve for Sioux Falls Argus Leader

Ethics

“One Ron Paul Staffer Convicted; Another Acquitted” by Grant Rodgers (Des Moines Register) for USA Today

“New Rules Rein in Lawmaker Spending” by Deb Reichmann (Associated Press) for Modesto Bee

Arkansas: “Ex-Arkansas Senate Head Got $120K from Group” by Claudia Lauer (Associated Press) for Arkansas Business

California: “For Kevin Johnson, Sacramento Mayor, Abuse Claims Resurface” by Adam Nagourney for New York Times

Wisconsin: “Assembly Approves Splitting GAB into Elections and Ethics Agencies” by Patrick Marley and Jason Stein for Milwaukee Journal Sentinel

Elections

“Lincoln Chafee Ends Democratic Bid for President” by John Wagner and David Weigel for Washington Post

Pennsylvania: “Ethics Missteps Don’t Deter Pennsylvania Ex-LCB Officials” by Kari Andren for Pittsburgh Tribune-Review

Legislative Issues

“‘Supermajority’ of House Freedom Caucus to Back Paul Ryan’s Speaker Bid” by Mike DeBonis and Robert Costa for Washington Post