The Fair Political Practices Commission is aggressively pursuing legislators and lobbyists who fail to report gifts handed out to lawmakers, as required by law. That’s commendable.
But while they are at it, FPPC commissioners need to close a long-standing loophole in regulations implementing the 1974 Political Reform Act.
Under current rules, lobbyists cannot spend more than $10 per month on a single state official. Back in the middle 1970s, $10 would to buy two hamburgers and a coke, as Jerry Brown famously stated when he pushed the initiative that created the 1974 law. Legislators and lobbyists also generally are required to disclose the “gifts” in reports that are available to the public for the asking.
But under the regulatory loophole, there is no cap on what lobbyists can spend if they host receptions for lawmakers at their homes, hire high-end caterers and pour fine wine. Nor are lobbyists or legislators required to disclose these events in a public filing.
Similarly, the Political Reform Act permits lobbyists’ employers and presidents of trade organizations to spend up to $420 spread over a year on a single legislator. However, there is no maximum or reporting requirement if these lobbyist employers fete lawmakers at their homes.
A minority of lobbyists use their homes for such events. But for some, it’s another tool in their toolkit for influencing the political process.
At its most recent meeting, commissioners tightened the rule, but only slightly. They made clear that lobbyist employers and heads of trade groups cannot host events if they write them off as business expenses on their tax returns or are reimbursed for any expenses. The commission put off discussion of further rules until April.
Legislators gain many privileges when they are elected. One is that they suddenly become the new best friends of lobbyists. It makes no sense that lawmakers must disclose it when their dear friends buy them a $10 burger at a restaurant, but not when they are served filet mignon at a lobbyist’s home.