BILL NUMBER: AB 1200	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 7, 2015

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 include  the awarding of specified statewide
contracts by the Office of Procurement in the Department of General
Services,   governmental procurement, which would be
defined to include various actions regarding procurement contracts,
 thereby making the above-described lobbying requirements
applicable to actions that attempt to influence  those
statewide contracts.   governmental procurement. 
   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 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.  Section 82002 of the Government Code is amended to
read:
   82002.  (a) "Administrative action" means any of the following:
   (1) 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, which shall include any proceeding governed by Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2.
   (2) With regard only to placement agents, the decision by any
state agency to enter into a contract to invest state public
retirement system assets on behalf of a state public retirement
system. 
   (3) Proceedings involving the awarding of statewide contracts.
 
   (3) Governmental procurement. 
   (b) "Ratemaking proceeding" means, for  the 
purposes of a proceeding before the Public Utilities Commission, any
proceeding in which it is reasonably foreseeable that a rate will be
established, including, but not limited to, general rate cases,
performance-based ratemaking, and other ratesetting mechanisms.
   (c) "Quasi-legislative proceeding" means, for purposes of a
proceeding before the Public Utilities Commission, any proceeding
that involves consideration of the establishment of a policy that
will apply generally to a group or class of persons, including, but
not limited to, rulemakings and investigations that may establish
rules affecting an entire industry. 
   (d) "Statewide contract" has the same meaning as that term is
defined in Section 10290 of the Public Contract Code with respect to
a contract subject to Chapter 2 (commencing with Section 10290) of
Part 2 of Division 2 of the Public Contract Code that has a total
estimated cost in an amount over two hundred fifty thousand dollars
($250,000). Commencing January 1, 2018, this minimum amount shall be
adjusted in the manner provided by subdivision (b) of Section 10105
of the Public Contract Code.  
   (d) "Governmental procurement" means any of the following: 

   (1) Preparing the terms, specifications, bid documents, request
for proposals, or evaluation criteria for a procurement contract.
 
   (2) Soliciting for a procurement contract.  
   (3) Evaluating a procurement contract.  
   (4) Awarding, approving, denying, or disapproving a procurement
contract.  
   (5) Approving or denying an assignment, amendment, other than an
amendment authorized and payable under the terms of a procurement
contract as the procurement contract was finally awarded or approved,
renewal, or extension of a procurement contract, or any other
material change in a procurement contract resulting in financial
benefit to the offeror. 
  SEC. 2.  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. 3.  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.