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Legislative Intent Service, Inc. News & Notes
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LIS NEWS AND NOTES
2014 California Political Reform Legislation: The California Fair Political Practices Commission (“FPPC”) has been busy issuing fines and penalties against state legislators and lobbying firms during the same time that a small group of state legislators are facing criminal charges filed against them related to their public office positions. In response to these recent violations and breaches of ethical conduct, various state Senators and Assembly members have introduced bills intended to reform the way that state lawmakers do business at the state Capitol. A brief description of these pending reform bills follows –
Senators Ricardo Lara, Mark de León, and Darrell Steinberg, among other state legislators who are all members of the Senate Working Group on Ethics , worked with the FPPC to introduce a package of bills entitled the “California Accountability in Public Service Act (“CAPS”) ”:
· SB 1441: Revises the definition of contribution to include a payment made by a lobbyist or a cohabitant of a lobbyist for costs related to a fundraising event held at the home of the lobbyist, as specified. Also makes these payments attributable to the lobbyist for purposes of the prohibition against a lobbyist making a contribution to specified candidates and elected officers.
· SB 1442: Requires elected state officers, candidates for elective state office, and committees primarily formed to support or oppose a candidate or ballot measure to file quarterly statements instead of the current semiannual requirement; revises definitions relating to contributions and expenditures; and makes related changes to the PRA.
· SB 1443: Would prohibit a lobbyist or lobbying firm from making any gift to a state candidate, elected state officer, or legislative official, or to a specified agency official; would lower the existing gift limit rom $420 per calendar year from a single source to $200 per year from a single source; would also permit the FPPC, at its discretion, to increase this gift limit amount but not more than once in an odd-numbered year or by an amount that exceeds changes reflected in the CPI; would also provide that a candidate for elective state office, an elected state officer, or a legislative official shall not accept a gift of tickets or the equivalent of tickets to any of the following events or venues: a professional concert or other professional entertainment event, professional sporting event, amateur sporting event for which the value of the ticket received exceeds $50, racetrack event, theme park or amusement park or other similar venue, amateur theater or concert or other entertainment event for which the value of the ticket received exceeds $50; and would also provide that a candidate for elective state office, an elected state officer, or a legislative official shall not accept a gift of any of the following: golfing green fees, complimentary golf course access, or the equivalent, skiing, hunting, or fishing trips or other recreational outings, spa treatments, spa access fees, or other equivalent complimentary beauty or cosmetic services, or cash, gift cards, or cash equivalents.
Assembly member Christina Garcia’s package of bills are entitled the “Political Conduct, Ethics and Public Trust Acts of 2014 ”:
· AB 1666: Doubles the restitution fines for a member of the Legislature or any member of a local government legislative body who asks for or receives a bribe in exchange for influence over his or her official action, and also amends the Political Reform Act to prohibit campaign funds from being used to pay these restitution fines.
· AB 1673: Provides that a payment made by an occupant of a home or an office who is a lobbyist, lobbying firm, or lobbyist employer for costs related to a meeting or fundraising event held in the occupant's home or office is considered a "contribution" under the Political Reform Act of 1974 (PRA), regardless of the costs for the meeting or fundraising event.
· AB 1692: Limits the use of campaign funds and legal defense funds to pay fines and penalties that are imposed for an improper personal use of campaign funds.
· AB 1716: Makes former local administrative officials subject to the permanent ban on "switching sides" in a governmental proceeding that currently applies to state administrative officials.
· AB 1728: Makes all officials who are elected to local water boards subject to existing provisions of state law limiting contributions to officials from entities with business before the agency involving a license, permit, or other entitlement for use.
Senator Jerry Hill’s SB 831 addresses the following reforms:
a. Prohibits elected officials from contributing campaign funds to nonprofits owned or operated by their family members.
b. Prohibits elected officials from asking people to donate to a nonprofit owned or operated by a family member.
c. Prohibits elected officials from contributing campaign funds to nonprofits operated by another elected official on the same governing body.
d. Prohibits elected officials from contributing campaign funds to nonprofits owned or operated by other elected officials' family members.
e. Increases transparency of "behested" payments to and from elected officials by lowering the reporting threshold from $5,000 to $2,500 and requiring the FPPC to post the transactions on its website within 30 days.
f. Creates a limit of $5,000 for travel-related gifts to elected officials from nonprofits and other groups.
g. Prohibits the expenditure of campaign funds for an elected official's mortgage, rent, utility bills, clothing, club memberships, vacations, tuition, tickets for sporting and entertainment events, vehicles, and gifts to family members.
h. Requires non-profits that pay for legislator travel to disclose to the FPPC the name of the donors responsible for funding the travel.
i. Prohibits the use of campaign funds for attorney's fees and other costs in connection with criminal litigation.
Senator Alex Padilla is carrying four bills intended to strengthen the PRA as follows:
· SB 1101: Would prohibit any campaign contribution to a state legislator during the following periods of time: (1) in an odd-numbered year, on the date the Legislature adjourns the regular session for a joint recess to reconvene in the 2nd calendar year of the biennium of the regular session, and during the 7-day period following and the 100-day period preceding that date, and (2) in an even-numbered year, the period from May 2 to September 7, inclusive. Would exempt from these provisions a contribution made to, or solicited or accepted by, a legislator for purposes of that member’s candidacy for a local elective office or an elective state office that is to be voted upon at a special election.
· SB 1102: Would modify reporting requirements to require candidates for elective state office or a committee primarily formed to support or oppose a state ballot measure or a committee that makes an expenditure in support of or opposition to candidates for elective state office or state ballot measures, to file a report with the Secretary of State (“SOS”) disclosing the receipt of a contribution of $100 or more during an election cycle within 24 hours of receipt. At other times, would require those candidates and committees to file a report for contributions of $100 or more within five business days of receipt.
· SB 1103: Would not prohibit an individual from filing more than one statement of intention for more than one office at the same election but this bill would provide that if an individual has already filed a statement of intention to be a candidate for an elective state office, the subsequent filing of a statement of intention to be a candidate for a different elective state office to be voted upon at the same election would constitute a revocation of the previously filed statement and it would prohibit the individual thereafter from soliciting or receiving a contribution or loan for the office associated with the first statement filed.
· SB 1104: Would require candidates for elective state office, slate mailer organizations, and committees that authorize expenditures for campaign communications, as defined, to file an electronic copy of their campaign communications with the SOS as follows: A campaign communication that is distributed during the period from 90 days prior to the election at which the candidate or measure that is the subject of the campaign communication will appear on the ballot to the day of the election, inclusive, must be filed not later than 24 hours after the first distribution of the campaign communication; and a campaign communication that is distributed at any time must be filed not later than five business days after the first distribution of the campaign communication.
Federal First Class Wings Clipped: Earlier this month, a bipartisan group of federal lawmakers introduced a three-page bill, H.R. 4632 , to prohibit members of Congress from flying first class on the taxpayers’ dime. The bill is entitled, “If Our Military Has to Fly Coach Then so Should Congress Act,” and seeks to codify the same restrictions for air travel for members of Congress and other employees of the Legislative Branch that are required for travel by employees of the Executive Branch.
According to Rep. Paul Gosar of Arizona, one of the co-sponsors of this bill, “At a time of massive deficits and with a national debt in excess of $17 trillion, members of Congress should not be using taxpayers’ hard-earned money to buy luxury airline seats. If members of our military can’t fly first class using taxpayer funds, neither should members of Congress.”
40th Anniversary: With 2014 marking Legislative Intent Service, Inc. ’s 40th year in business, LIS has been in the business of researching legislative history and intent longer than any other private research firm in California. Many of our long-term clients can look back to our earlier days because they still have our research binders available to their attorneys on their office and library shelves. Now, with pdf delivery of documents, our clients have their legislative history research needs met quickly and completely.
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