BILL NUMBER: AB 1334 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 13, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Blakeslee
FEBRUARY 27, 2009
An act to amend Sections 82039, 86100, 86101, 86103, 86106, 86107,
86108, 86113, and 86117 of, and to add Section 86206 to, the
Government Code, relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 1334, as amended, Blakeslee. Political Reform Act of 1974:
agents of foreign principals.
The Political Reform Act of 1974 provides for the comprehensive
regulation of lobbyists, as defined. Among its provisions, the act
requires a lobbyist to prepare a certification and periodic
expenditure and contribution reports, containing specified
information, to be filed with the Secretary of State. The act also
contains various proscriptions regarding lobbyists giving gifts and
engaging in other specified activities that may unduly influence
governmental functions.
This bill would expand the definition of "lobbyist" to include an
individual who acts as an agent or representative of a foreign
principal, as defined, and who communicates with any elective state
official, agency official, or legislative official for the purpose of
influencing legislative or administrative action. This bill would
require those individuals to register by filing a certification with
the Secretary of State and to file periodic expenditure and
contribution reports with the Secretary of State. This bill would
also make those individuals subject to all of the act's existing
proscriptions regarding gift giving and engaging in other prohibited
activities. In addition, this bill would provide that if a lobbyist
who is an agent of a foreign principal violates any of the act's
requirements or proscriptions, all representatives of that foreign
principal shall be prohibited from entering the State Capitol
Building and all other legislative offices for the balance of the
legislative session during which the violation occurred.
Existing law makes a willful violation of the Political Reform Act
of 1974 a misdemeanor and subjects offenders to criminal penalties.
This bill would impose a state-mandated local program by creating
additional crimes.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
The Political Reform Act of 1974, an initiative measure, provides
that the Legislature may amend the act to further the act's purposes
upon a 2/3 vote of each house and compliance with specified
procedural requirements.
This bill would declare that it furthers the purposes of the act.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares that there is a
solemn obligation to protect and preserve the sovereignty of the
Legislature to act solely in the interests of the people of
California, and to ensure that the state government and the people of
California are informed of the source of information and the
identity of persons attempting to influence public opinion, policy,
and laws, and to further ensure that foreign special interests are
permitted no greater influence than any other interest advocating for
or against any measure or proposal before the Legislature.
SEC. 2. Section 82039 of the Government Code is amended to read:
82039. (a) "Lobbyist" means either of the following:
(1) An individual who receives two thousand dollars ($2,000) or
more in economic consideration in a calendar month, other than
reimbursement for reasonable travel expenses, or whose principal
duties as an employee are, to communicate directly or through his or
her agents with any elective state official, agency official, or
legislative official for the purpose of influencing legislative or
administrative action.
(2) An individual who acts as an agent, representative, employee,
or servant, or an individual who acts in any other capacity at the
order, request, or under the direction or control, of a foreign
principal or of a person any of whose activities are directly or
indirectly supervised, directed, controlled, financed, or subsidized
in whole or in major part by a foreign principal, and who
communicates directly or through his or her agents with any elective
state official, agency official, or legislative official for the
purpose of influencing legislative or administrative action.
(b) For the purposes of subdivision (a), a proceeding before the
Public Utilities Commission constitutes "administrative action" if it
meets any of the definitions set forth in subdivision (b) or (c) of
Section 82002. However, a communication made for the purpose of
influencing this type of Public Utilities Commission proceeding is
not within subdivision (a) if the communication is made at a public
hearing, public workshop or other public forum that is part of the
proceeding, or if the communication is included in the official
record of the proceeding.
(c) For the purposes of subdivision (a), "foreign principal" means
any of the following :
(1) A government of a foreign country.
(2) A foreign political party.
(3) A person outside the United States, unless it is established
that the person is an individual and a citizen of and domiciled
within the United States, or that the person is not an individual and
is organized under or created by the laws of the United States or of
any state or other place subject to the jurisdiction of the United
States and has its principal place of business within the United
States.
(4) A partnership,
association, corporation, organization, or other combination of
persons organized under the laws of or having its principal place of
business in a foreign country. a government of a
foreign country or a foreign political party.
(d) An individual is not a lobbyist by reason of activities
described in Section 86300.
SEC. 3. Section 86100 of the Government Code is amended to read:
86100. (a) (1) Individual lobbyists as defined in paragraph (1)
of subdivision (a) of Section 82039 shall prepare lobbyist
certifications pursuant to Section 86103 for filing with the
Secretary of State as part of the registration of the lobbying firm
in which the lobbyist is a partner, owner, officer, or employee or as
part of the registration of the lobbyist employer by which the
lobbyist is employed.
(2) Individual lobbyists as defined in paragraph (2) of
subdivision (a) of Section 82039 shall prepare lobbyist
certifications pursuant to Section 86103 and shall register by filing
the certifications directly with the Secretary of State.
(b) Lobbying firms shall register with the Secretary of State.
(c) Lobbyist employers as defined in subdivision (a) of Section
82039.5 shall register with the Secretary of State.
(d) Lobbyist employers as defined in subdivision (b) of Section
82039.5 and persons described in subdivision (b) of Section 86115 are
not required to register with the Secretary of State but shall file
statements pursuant to this article.
SEC. 4. Section 86101 of the Government Code is amended to read:
86101. Every lobbying firm and lobbyist employer who is required
to file a registration statement under this chapter, and every
lobbyist as defined in paragraph (2) of subdivision (a) of Section
82039 who is required under this chapter to register by filing a
lobbyist certification, shall register with the Secretary of State no
later than 10 days after qualifying as a lobbyist, lobbying firm, or
lobbyist employer.
SEC. 5. Section 86103 of the Government Code is amended to read:
86103. A lobbyist certification shall include all of the
following:
(a) A recent photograph of the lobbyist, the size of which shall
be prescribed by the Secretary of State.
(b) The full name, business address, and telephone number of the
lobbyist.
(c) A statement that the lobbyist has read and understands the
prohibitions contained in Sections 86203 and 86205.
(d) (1) In the case of a lobbyist who filed a completed lobbyist
certification in connection with the last regular session of the
Legislature, a statement that the lobbyist has completed, within the
previous 12 months or will complete no later than June 30 of the
following year, the course described in subdivision (b) of Section
8956. If the lobbyist certification states that the lobbyist will
complete the course no later than June 30 of the following year, the
certification shall be accepted on a conditional basis. Thereafter,
if the lobbyist completes the course no later than June 30 of the
following year, the lobbyist shall file a new lobbyist certification
with the Secretary of State which shall replace the conditional
lobbyist certification previously filed. If the lobbyist
certification states that the lobbyist will complete the course no
later than June 30 of the following year and the lobbyist fails to do
so, the conditional lobbyist certification shall be void and the
individual shall not act as a lobbyist pursuant to this title until
he or she has completed the course and filed with the Secretary of
State a lobbyist certification stating that he or she has completed
the course and the date of completion. It shall be a violation of
this section for any individual to act as a lobbyist pursuant to this
title once his or her conditional certification is void.
(2) If, in the case of a new lobbyist certification, the lobbyist
has not completed the course within the previous 12 months, the
lobbyist certification shall include a statement that the lobbyist
will complete a scheduled course within 12 months, and the lobbyist
certification shall be accepted on a conditional basis. Following the
lobbyist's completion of the ethics course, the lobbyist shall file
a new lobbyist certification with the Secretary of State which shall
replace the conditional lobbyist certification previously filed. If
the new lobbyist certification states that the lobbyist will complete
the course within 12 months and the lobbyist fails to do so, the
conditional lobbyist certification shall be void and the individual
shall not act as a lobbyist pursuant to this title until he or she
has completed the course and filed with the Secretary of State a
lobbyist certification stating he or she has completed the course and
the date of completion. It shall be a violation of this section for
any individual to act as a lobbyist pursuant to this title once his
or her conditional certification is void.
(e) In the case of a lobbyist as defined in paragraph (2) of
subdivision (a) of Section 82039, all of the following:
(1) Information sufficient to determine the identity, nature, and
interests of the foreign principal that the lobbyist represents.
(2) A list of the state agencies whose legislative or
administrative actions the lobbyist will attempt to influence.
(f) Any other information required by the commission consistent
with the purposes and provisions of this chapter.
SEC. 6. Section 86106 of the Government Code is amended to read:
86106. (a) Each registered lobbying firm and lobbyist employer
that will be conducting activities that require registration shall
renew its registration by filing photographs of its lobbyists,
authorizations, and a registration statement between November 1 and
December 31 of each even-numbered year. Each lobbyist as defined in
paragraph (1) of subdivision (a) of Section 82039 shall renew his or
her lobbyist certification in connection with the renewal of
registration by the lobbyist's lobbying firm or employer.
(b) Each registered lobbyist as defined in paragraph (2) of
subdivision (a) of Section 82039 who will be conducting activities
that require registration shall renew his or her registration by
filing a lobbyist certification between November 1 and December 31 of
each even-numbered year.
SEC. 7. Section 86107 of the Government Code is amended to read:
86107. (a) If any change occurs in any of the information
contained in a registration statement, an appropriate amendment shall
be filed with the Secretary of State within 20 days after the
change. However, if the change includes the name of a person by whom
a lobbying firm is retained, the registration statement of the
lobbying firm shall be amended and filed to show that change prior to
the lobbying firm's attempting to influence any legislative or
administrative action on behalf of that person. Lobbying firms and
lobbyist employers which, during a regular session of the
Legislature, cease all activity which required registration shall
file a notice of termination within 20 days after such cessation.
Lobbying firms and lobbyist employers which at the close of a regular
session of the Legislature cease all activity which required
registration, shall not be required to file a notice of termination.
(b) If any change occurs in any of the information contained in a
lobbyist certification or if the lobbyist terminates all activity
which required the certification, the lobbyist shall submit an
amended certification or notice of termination to his or her lobbying
firm or lobbyist employer for filing with the Secretary of State
within the time limits specified in subdivision (a) or, in the case
of a lobbyist as defined in paragraph (2) of subdivision (a) of
Section 82039, the lobbyist shall file the amended certification or
notice of termination directly with the Secretary of State within the
time limits specified in subdivision (a). A lobbyist who at the
close of a regular session of the Legislature ceases all activity
which required certification, shall not be required to file a notice
of termination.
(c) Lobbyists and lobbying firms shall remain subject to Section
86203 for the earlier of six months after filing a notice of
termination or six months after the close of a regular session of the
Legislature at the close of which the lobbyist or lobbying firm
ceased all activity which required certification or registration.
SEC. 8. Section 86108 of the Government Code is amended to read:
86108. All information listed on any registration statement or,
in the case of a lobbyist as defined in paragraph (2) of subdivision
(a) of Section 82039, on any certification and on any amendment,
renewal, or notice of termination shall be printed by the Secretary
of State and made public within 30 days after filing.
SEC. 9. Section 86113 of the Government Code is amended to read:
86113. (a) A lobbyist shall complete and verify a periodic report
which contains:
(1) A report of all activity expenses by the lobbyist during the
reporting period; and
(2) A report of all contributions of one hundred dollars ($100) or
more made or delivered by the lobbyist to any elected state officer
or state candidate during the reporting period.
(b) (1) A lobbyist as defined in paragraph (1) of subdivision (a)
of Section 82039 shall provide the original of his or her periodic
report to his or her lobbyist employer or lobbying firm within two
weeks following the end of each calendar quarter.
(2) A lobbyist as defined in paragraph (2) of subdivision (a) of
Section 82039 shall file the original of his or her periodic report
directly with the Secretary of State.
SEC. 10. Section 86117 of the Government Code is amended to read:
86117. (a) Reports required by paragraph (2) of subdivision (b)
of Section 86113 and by Sections 86114 and 86116 shall be filed
during the month following each calendar quarter. The period covered
shall be from the first day of January of each new biennial
legislative session through the last day of the calendar quarter
prior to the month during which the report is filed, except as
specified in subdivision (b), and except that the period covered
shall not include any information reported in previous reports filed
by the same person. When total amounts are required to be reported,
totals shall be stated both for the period covered by the statement
and for the entire legislative session to date.
(b) The period covered by the first report a person is required to
file pursuant to paragraph (2) of subdivision (b) of Section 86113
or pursuant to Sections 86114 and 86116 shall begin with the first
day of the calendar quarter in which the filer first registered or
qualified. On the first report a person is required to file, the
total amount shall be stated for the entire calendar quarter covered
by the first report.
SEC. 11. Section 86206 is added to the Government Code, to read:
86206. (a) If a lobbyist as defined in paragraph (2) of
subdivision (a) of Section 82039 is found in violation of this
chapter, that lobbyist and all other representatives of the foreign
principal represented by the lobbyist shall be prohibited from
entering the State Capitol Building and all other legislative offices
for the balance of the legislative session during which the
violation occurred.
(b) If the representatives of a foreign principal are prohibited
from entering the State Capitol Building and other legislative
offices pursuant to subdivision (a), the Secretary of State shall
notify the President pro Tempore of the Senate, the Speaker of the
Assembly, the Minority Floor Leader of the Senate, the Minority Floor
Leader of the Assembly, the Sergeant at Arms of the Senate, and the
Sergeant at Arms of the Assembly.
SEC. 12. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
SEC. 13. The Legislature finds and declares that this bill
furthers the purposes of the Political Reform Act of 1974 within the
meaning of subdivision (a) of Section 81012 of the Government Code.