Amended in Assembly April 7, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1200


Introduced by Assembly Member Gordon

February 27, 2015


An act to amend Section 82002 of the Government Code, relating to the Political Reform Act of 1974.

LEGISLATIVE COUNSEL’S DIGEST

AB 1200, as amended, Gordon. Political Reform Act of 1974: lobbying: procurement contracts.

Existing provisions of the Political Reform Act of 1974 regulate the activities of lobbyists, lobbying firms, and lobbyist employers, as defined, in connection with attempts to influence legislative and administrative action by legislative and other state officials, including requirements that lobbyists, lobbying firms, and lobbyist employers register and file periodic reports with the Secretary of State. For purposes of these provisions, “administrative action” is defined to include the proposal, drafting, development, consideration, amendment, enactment, or defeat by any state agency of any rule, regulation, or other action in any ratemaking proceeding or any quasi-legislative proceeding.

This bill would additionally define the term “administrative action” to includebegin delete the awarding of specified statewide contracts by the Office of Procurement in the Department of General Services,end deletebegin insert governmental procurement, which would be defined to include various actions regarding procurement contracts,end insert thereby making the above-described lobbying requirements applicable to actions that attempt to influencebegin delete those statewide contracts.end deletebegin insert governmental procurement.end insert

Because a willful violation of the act’s provisions is punishable as a misdemeanor, this bill would impose a state-mandated local program.

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 23 vote of each house and compliance with specified procedural requirements.

This bill would declare that it furthers the purposes of the act.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 82002 of the Government Code is
2amended to read:

3

82002.  

(a) “Administrative action” means any of the following:

4(1) The proposal, drafting, development, consideration,
5amendment, enactment, or defeat by any state agency of any rule,
6regulation, or other action in any ratemaking proceeding or any
7quasi-legislative proceeding, which shall include any proceeding
8governed by Chapter 3.5 (commencing with Section 11340) of
9Part 1 of Division 3 of Title 2.

10(2) With regard only to placement agents, the decision by any
11state agency to enter into a contract to invest state public retirement
12system assets on behalf of a state public retirement system.

begin delete

13(3) Proceedings involving the awarding of statewide contracts.

end delete
begin insert

14(3) Governmental procurement.

end insert

15(b) “Ratemaking proceeding” means, forbegin delete theend delete purposes of a
16proceeding before the Public Utilities Commission, any proceeding
17in which it is reasonably foreseeable that a rate will be established,
18including, but not limited to, general rate cases, performance-based
19ratemaking, and other ratesetting mechanisms.

20(c) “Quasi-legislative proceeding” means, for purposes of a
21proceeding before the Public Utilities Commission, any proceeding
22that involves consideration of the establishment of a policy that
23will apply generally to a group or class of persons, including, but
P3    1not limited to, rulemakings and investigations that may establish
2rules affecting an entire industry.

begin delete

3(d) “Statewide contract” has the same meaning as that term is
4defined in Section 10290 of the Public Contract Code with respect
5to a contract subject to Chapter 2 (commencing with Section
610290) of Part 2 of Division 2 of the Public Contract Code that
7has a total estimated cost in an amount over two hundred fifty
8thousand dollars ($250,000). Commencing January 1, 2018, this
9minimum amount shall be adjusted in the manner provided by
10subdivision (b) of Section 10105 of the Public Contract Code.

end delete
begin insert

11(d) “Governmental procurement” means any of the following:

end insert
begin insert

12(1) Preparing the terms, specifications, bid documents, request
13for proposals, or evaluation criteria for a procurement contract.

end insert
begin insert

14(2) Soliciting for a procurement contract.

end insert
begin insert

15(3) Evaluating a procurement contract.

end insert
begin insert

16(4) Awarding, approving, denying, or disapproving a
17procurement contract.

end insert
begin insert

18(5) Approving or denying an assignment, amendment, other
19than an amendment authorized and payable under the terms of a
20procurement contract as the procurement contract was finally
21awarded or approved, renewal, or extension of a procurement
22contract, or any other material change in a procurement contract
23resulting in financial benefit to the offeror.

end insert
24

SEC. 2.  

No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district will be incurred because this act creates a new crime or
28infraction, eliminates a crime or infraction, or changes the penalty
29for a crime or infraction, within the meaning of Section 17556 of
30the Government Code, or changes the definition of a crime within
31the meaning of Section 6 of Article XIII B of the California
32Constitution.

33

SEC. 3.  

The Legislature finds and declares that this bill furthers
34the purposes of the Political Reform Act of 1974 within the
35meaning of subdivision (a) of Section 81012 of the Government
36Code.



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