BILL NUMBER: AB 1200 AMENDED
BILL TEXT
AMENDED IN SENATE FEBRUARY 10, 2016
AMENDED IN SENATE AUGUST 26, 2015
AMENDED IN SENATE JUNE 30, 2015
AMENDED IN ASSEMBLY MAY 19, 2015
AMENDED IN ASSEMBLY APRIL 7, 2015
INTRODUCED BY Assembly Member Gordon
FEBRUARY 27, 2015
An act to amend , add, and repeal Sections 82002 and
82039 of , and to add Section 86207 to, the Government
Code, relating to the Political Reform Act of 1974 , and
declaring the urgency thereof, to take effect immediately .
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
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, "lobbyist" is defined, in
part, as an individual who receives $2,000 or more in economic
consideration in a calendar month, or whose principal duties as an
employee are, to communicate with specified officials for the purpose
of influencing legislative or administrative action.
This bill would revise the definition of "lobbyist" to include
specified conduct by an individual acting on behalf of any person
other than his or her employer for the purpose of influencing
administrative action that is governmental procurement, which is
further defined to include various actions regarding a state
procurement contract for which the total estimated cost exceeds
$250,000, thereby making the above-described lobbying requirements
applicable to the specified attempts to influence governmental
procurement. This bill would provide that the act's penalty
provisions are the exclusive remedy for a violation of the act's
requirements concerning government procurement lobbying.
The bill would makes these provisions operative on January 1,
2017.
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.
This bill would declare that it is to take effect immediately as
an urgency statute.
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 either 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.
(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) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 2. Section 82002 is added to the
Government Code , 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) Governmental Procurement.
(b) "Ratemaking proceeding" means, for 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) (1) "Governmental procurement" means any of the following with
respect to influencing a state procurement contract for which the
total estimated cost exceeds two hundred fifty thousand dollars
($250,000):
(A) Preparing the terms, specifications, bid documents, request
for proposals, or evaluation criteria for the procurement contract.
(B) Soliciting for the procurement contract.
(C) Evaluating the procurement contract.
(D) Scoring criteria for the procurement contract.
(E) Awarding, approving, denying, or disapproving the procurement
contract.
(F) Approving or denying an assignment, amendment, other than an
amendment authorized and payable under the terms of the procurement
contract as the procurement contract was finally awarded or approved,
renewal, or extension of the procurement contract, or any other
material change in the procurement contract resulting in financial
benefit to the offeror.
(2) "Governmental procurement" does not include any activity
undertaken by a placement agent, as that term is defined in Section
82047.3.
(e) This section shall become operative on January 1, 2017.
SEC. 3. Section 82039 of the Government
Code is amended to read:
82039. (a) "Lobbyist" means either of the following:
(1) Any 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) A placement agent, as defined in Section 82047.3.
(b) An individual is not a lobbyist by reason of activities
described in Section 86300.
(c) 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.
(d) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 4. Section 82039 is added to the
Government Code , to read:
82039. (a) "Lobbyist" means any of the following:
(1) Any 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, except for administrative action that is
governmental procurement, as defined in subdivision (d) of Section
82002.
(2) A placement agent, as defined in Section 82047.3.
(3) Any individual who receives two thousand dollars ($2,000) or
more in economic consideration in a calendar month, other than
reimbursement for reasonable travel expenses, to communicate directly
or through his or her agents on behalf of any person other than his
or her employer with any elective state official, agency official, or
legislative official for the purpose of influencing administrative
action that is governmental procurement, as defined in subdivision
(d) of Section 82002.
(b) An individual is not a lobbyist by reason of activities
described in Section 86300.
(c) 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.
(d) This section shall become operative on January 1, 2017.
SEC. 5. Section 86207 is added to the
Government Code , to read:
86207. (a) Notwithstanding any other law, the penalties imposed
by this title shall be the exclusive remedy for a violation of this
chapter with respect to requirements for governmental procurement
lobbying.
(b) This section shall become operative on January 1, 2017.
SEC. 6. 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. 7. 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.
SEC. 8. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to provide the Fair Political Practices Commission with
authority and sufficient time to adopt regulations necessary to
implement the substantive requirements of this act before the January
1, 2017, operative date, it is necessary that this bill take effect
immediately.
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) Governmental procurement.
(b) "Ratemaking proceeding" means, for 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) (1) "Governmental procurement" means any of the following with
respect to influencing a state procurement contract for which the
total estimated cost exceeds two hundred fifty thousand dollars
($250,000):
(A) Preparing the terms, specifications, bid documents, request
for proposals, or evaluation criteria for the procurement contract.
(B) Soliciting for the procurement contract.
(C) Evaluating the procurement contract.
(D) Scoring criteria for the procurement contract.
(E) Awarding, approving, denying, or disapproving the procurement
contract.
(F) Approving or denying an assignment, amendment, other than an
amendment authorized and payable under the terms of the procurement
contract as the procurement contract was finally awarded or approved,
renewal, or extension of the procurement contract, or any other
material change in the procurement contract resulting in financial
benefit to the offeror.
(2) "Governmental procurement" does not include any activity
undertaken by a placement agent, as that term is defined in Section
82047.3.
SEC. 2. Section 82039 of the Government Code is
amended to read:
82039. (a) "Lobbyist" means any of the following:
(1) Any 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, except for administrative action that is
governmental procurement, as defined in subdivision (d) of Section
82002.
(2) A placement agent, as defined in Section 82047.3.
(3) Any individual who receives two thousand dollars ($2,000) or
more in economic consideration in a calendar month, other than
reimbursement for reasonable travel expenses, to communicate directly
or through his or her agents on behalf of any person other than his
or her employer with any elective state official, agency official, or
legislative official for the purpose of influencing administrative
action that is governmental procurement, as defined in subdivision
(d) of Section 82002.
(b) An individual is not a lobbyist by reason of activities
described in Section 86300.
(c) 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.
SEC. 3. 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. 4. 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.