Ethics panel opposes bill to reduce disclosure of behested payments

A bill on Gov. Jerry Brown’s desk that would end disclosure of payments made by government agencies at the urging of state legislators was opposed Thursday by the state’s campaign finance watchdog agency.

The state Fair Political Practices Commission voted to oppose AB 1544 by Assemblyman Ken Cooley (D-Rancho Cordova).

Currently, if an elected state official asks an entity to provide funding to a charity or government program, the gift must be disclosed to the FPPC as a behested payment.

Cooley’s bill would exempt from disclosure any payments made by a state, local or federal governmental agency that is made principally for legislative or governmental purposes to a non-profit or for-profit group.

He introduced the bill after the FPPC issued an opinion that an elected official’s letter to the California State Coastal Conservancy expressing support for a grant of funds to be made by the conservancy to a nonprofit group for a specific project triggers the behested payment disclosure requirement.

Cooley argued that there should not be disclosure when payments are sought from government agencies for grants for highway construction, coastal restoration or drought relief. He said part of the job of state lawmakers is to advocate to government agencies for expenditures that benefit their district.

“Much happens by way of collaboration,” Cooley told the commission Thursday.

However, the commission voted to oppose his bill after its staff estimated that last year there were approximately $15 million in behested payments that would not have been disclosed if the bill was law. Commissioners are concerned that the public would not be told of behested payments to for-profit and non-profit groups.

“I think it’s important disclosure,” said Jodi Remke, the commission’s chairwoman.