BILL NUMBER: SB 31 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 23, 2011
INTRODUCED BY Senator Correa
DECEMBER 6, 2010
An act relating to local government. An
act to add Title 9.5 (commencing with Section 91100) to the
Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
SB 31, as amended, Correa. Local government: lobbyist
registration.
The Political Reform Act of 1974 provides for the comprehensive
regulation of lobbyists, as defined.
This bill would enact a comprehensive scheme to regulate lobbying
entities, as defined, that lobby local government agencies, including
requirements to register and make periodic reports regarding certain
lobbying activities. The bill would require each local government
agency to create a commission to implement and enforce the provisions
of the bill. By requiring local government agencies to implement a
new program, the bill would impose a state-mandated local program.
The bill would provide that any person who knowingly or willingly
violates a provision of the bill, knowingly or willfully causes any
other person to violate any provision of the bill, or knowingly or
willfully aides and abets any other person in violation of any
provision of the bill is guilty of a misdemeanor. By creating a new
crime, the 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
This bill would state the intent of the Legislature to enact
legislation that will require each local government to create a
lobbyist registration program as a condition of the local government
being eligible to apply for any discretionary grant from any state
agency or department.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Title 9.5 (commencing with Section
91100) is added to the Government Code , to
read:
TITLE 9.5. California Local Government Lobbying Act
DIVISION 1. General
91100. This title shall be known and may be cited as the
California Local Government Lobbying Act.
91101. The Legislature finds and declares all of the following:
(a) Local government functions to serve the needs of all citizens.
(b) The citizens of the State of California have a right to know
the identity of interests that attempt to influence decisions of
local government, as well as the means employed by those interests.
(c) All persons engaged in compensated lobbying activities aimed
at influencing decisions by local government must, while engaged in
those activities, be subject to the same regulations, restrictions
and requirements, regardless of their background, training, or other
professional qualifications or license.
(d) Complete public disclosure of the full range of activities by,
and financing of, lobbyists and those who employ their services is
essential to the maintenance of citizen confidence in the integrity
of local government.
(e) It is in the public interest to ensure that lobbyists do not
misrepresent facts, misrepresent their positions, attempt to deceive
officials through false communications, place local government
officials under personal obligation to themselves or their clients,
or represent that they can control the actions of officials.
(f) It is in the public interest to enact this measure to ensure
adequate and effective disclosure of information about efforts to
lobby local government.
91102. The provisions of this title are severable. If any
provision of this title or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
DIVISION 2. Definitions
91110. The definitions set forth in this division shall govern
the interpretation of this title. If a term used in this title is not
defined in this division, it shall have the same meaning as used in
Title 9 and in regulations adopted by the Fair Political Practices
Commission to implement Title 9.
91111. "Activity expense" means any payment, including any gift,
made to or directly benefitting an agency official or a member of his
or her immediate family, made by a lobbyist, lobbying firm, or
lobbyist employer.
91112. "Agency" means any local government agency.
91113. "Agency legislation" means any legislative or
administrative matter proposed or pending before any agency,
including those matters involving the granting, denial, revocation,
restriction, or modification of a license, permit, or entitlement for
use, including all land use permits, if an agency board, commission,
committee, or any agency officer or employee charged by law with
holding a hearing and making a decision, is charged by law to make a
final decision on the matter. "Agency legislation" does not include
any of the following:
(1) A request for advice or for an interpretation of laws,
regulations, agency approvals, or policies, or a direct response to
an enforcement proceeding with the commission.
(2) Any ministerial action. An action is ministerial if it does
not require the agency official or employee involved to exercise
discretion concerning any outcome or course of action.
(3) (A) Any action relating to the establishment, amendment,
administration, implementation, or interpretation of a collective
bargaining agreement or memorandum of understanding between an agency
and a recognized employee organization, or a proceeding before a
civil service commission or employee relations board.
(B) Management decisions as to the working conditions of
represented employees that clearly relate to the terms of a
collective bargaining agreement or memorandum of understanding
described in subparagraph (A).
(C) Any action relating to collective bargaining taken by any
agency board, commission, committee, or officer.
(4) Preparation or compilation of any radius map, vicinity map,
plot plan, site plan, property owners or tenants list, abutting
property owners list, photographs of property, proof of ownership or
copy of lease, or neighbor signatures required to be submitted to an
agency.
91114. "Agency official" means any elective or appointed agency
officer, member, or employee, or a consultant of an agency who is a
public official within the meaning of Section 82048, who, as part of
his or her official duties, participates in the consideration of any
agency legislation other than in a purely clerical, secretarial, or
ministerial capacity.
91115. "At the behest" means under the control of, at the
direction of, in cooperation, consultation, coordination, or concert
with, at the request or suggestion of, or with the express prior
consent of any elective agency officer or candidate for elective
agency office. A donation to a religious, charitable, or other
nonprofit organization is not made at the behest of an elective
agency officer or candidate if the donation is solicited through a
newspaper publication, through radio, television, or other mass
media, or through a suggestion made to the entire audience at a
public gathering. A donation to a religious, charitable, or other
nonprofit organization is not made at the behest of an elective
agency officer or candidate solely because the name of the officer or
candidate is listed with other names on written materials used to
request donations or the officer or candidate makes a speech to the
entire audience or is honored and given an award at an event
sponsored by the organization.
91116. "Attempting to influence" means promoting, supporting,
opposing, or seeking to modify or delay any action on agency
legislation by any means, including providing or using persuasion,
information, statistics, analyses, or studies. A person attempts to
influence agency legislation when he or she engages in lobbying
activities for the purpose of influencing a decision.
91117. "Client" means a person who compensates a lobbyist or
lobbying firm for the purpose of attempting to influence agency
legislation or a person on whose behalf a lobbyist or lobbying firm
attempts to influence agency legislation, even if the lobbyist or
lobbying firm is compensated by another person for the
representation. If a lobbyist or lobbying firm represents a
membership organization and individual members of that organization,
an individual member is not a client solely because the member is
individually represented by the lobbyist or lobbying firm, unless the
member makes a payment for the representation in addition to usual
membership fees.
91118. "Commission" means the commission established by each
local agency pursuant to Section 91180.
91119. "Compensated services" means services for which
compensation was paid during a reporting period or for which the
lobbyist or lobbying firm became entitled to compensation during that
period.
91120. "Controlled committee" means any committee controlled by
an elective agency officer or candidate for any elective agency
office, including any campaign, officeholder, legal defense fund, or
ballot measure committee.
91121. "Direct communication" means appearing as a witness
before, speaking with by telephone or in person, corresponding with,
or answering questions or inquiries from, any agency official or
employee, either personally or through an agent who acts under one's
direct supervision, control, or direction.
91122. "Donation" means a payment for which full and adequate
consideration is not received.
91123. "Fundraiser" means a person who receives compensation to
engage in fundraising activity.
91124. "Fundraising activity" means soliciting a contribution or
hosting or sponsoring a fundraising event or hiring a fundraiser or
contractor to conduct any event designed primarily for political
fundraising at which contributions for an elective agency officer,
candidate for elective agency office, or any of his or her controlled
committees are solicited, delivered, or made.
91125. "Host or sponsor" means a person who does any of the
following:
(a) Provides the use of a home or business to hold a political
fundraising event without charging market value for the use of that
location.
(b) Asks more than 25 persons to attend an event described in
subdivision (a).
(c) Pays for at least a majority of the costs of an event
described in subdivision (a).
(d) Provides an candidate, campaign, committee, or fundraiser more
than 25 names to be used for invitations to an event described in
subdivision (a).
91126. "Lobbying activity" means any of the following types of
conduct when related to a direct communication to influence any
agency legislation:
(a) Engaging in, either personally or through an agent, a written
or oral direct communication with an agency official.
(b) Drafting ordinances, resolutions, or regulations.
(c) Providing advice or recommending strategy to a client or
others.
(d) Researching, investigating, or gathering information.
(e) Seeking to influence the position of a third party on agency
legislation or an issue related to agency legislation by any means,
including engaging in community, public, or press relations
activities.
(f) Attending or monitoring agency meetings, hearings, or other
events.
91127. "Lobbying entity" means a lobbyist, lobbying firm, or
lobbyist employer.
91128. "Lobbying firm" means an entity, including an individual
lobbyist, that receives or becomes entitled to receive one thousand
dollars ($1,000) or more in monetary or in-kind compensation for
engaging in lobbying activities, either personally or through its
agents, during any consecutive three-month period, for the purpose of
attempting to influence agency legislation on behalf of any other
person, and in which any partner, owner, shareholder, officer, or
employee qualifies as a lobbyist. For purposes of this section, all
of the following apply:
(a) Compensation does not include reimbursement of or payment for
reasonable travel expenses. An entity receives compensation for
purposes of this section whether or not the compensation is received
solely for activities regulated by this title or is received for
other activities. Only the portion of compensation received for
lobbying activities shall count toward the qualification threshold.
(b) An entity becomes entitled to receive compensation when the
entity agrees to provide services regulated by this title or performs
those services, regardless of whether payment is contingent on the
accomplishment of the client's purposes.
91129. "Lobbyist" means an individual who is compensated to spend
30 or more hours in any consecutive three-month period engaged in
lobbying activities that include at least one direct communication
with an agency official or employee, conducted either personally or
through agents, for the purpose of attempting to influence agency
legislation on behalf of any other person. For purposes of this
section, all of the following apply:
(a) Compensation does not include reimbursement of or payment for
reasonable travel expenses. A person receives compensation whether or
not the compensation is received solely for activities regulated by
this title or is received for other activities. Only the portion of
compensation received for lobbying activities shall be calculated to
determine whether an individual qualifies as a lobbyist within the
meaning of this section.
(b) An individual becomes entitled to receive compensation when
the individual or the entity that employs the individual as an
employee, partner, owner, shareholder, or officer agrees to provide
services regulated by this title or performs those services,
regardless of whether payment is contingent on the accomplishment of
the client's purposes.
(c) "Lobbyist" includes an individual who owns an investment in a
business entity if that individual attempts to influence agency
legislation on behalf of the business entity and if the individual
acquires the investment as compensation for his or her lobbying
services or in contemplation of performing those services.
91130. "Lobbyist employer" means an entity, other than a lobbying
firm, that employs a lobbyist in-house to lobby on its behalf.
91131. "Major filer" means any person who makes payments or
incurs expenditures totaling five thousand dollars ($5,000) or more
during any calendar quarter for public relations, media relations,
advertising, public outreach, research, investigation, reports,
analyses, studies, or similar activities, for the purpose of
attempting to influence action on any proposed or pending matter of
agency legislation, if those payments or expenditures are not
required to be reported on a lobbyist or lobbying firm quarterly
report. For purposes of this section, all of the following apply:
(a) "Major filer" does not include a lobbyist, lobbyist employer,
or lobbying firm.
(b) Expenditures and payments for regularly published newsletters
or other routine communications between an organization and its
members shall not be counted, towards the total of payments and
expenditures.
91132. "Person" means an individual, business entity, trust
corporation association, committee, or other organization or group of
persons acting in concert.
91133. "Solicit" means to ask, personally or through an agent,
another person to make a contribution to an elective agency officer
or candidate for agency office, or to his or her controlled
committee, and includes allowing one's signature to be used on a
written request for funds. For purposes of this section, all of the
following apply:
(a) A lobbying entity solicits a contribution only when the
solicitation satisfies either of the following:
(1) The solicitation is at the behest of the elective agency
officer or candidate for elective agency office, or his or her
campaign treasurer, campaign manager, or member of his or her
fundraising committee.
(2) The lobbying entity has informed the candidate or officer that
the person is soliciting the contribution.
(b) "Solicit" does not include making a request for funds publicly
to at least a majority of persons who attend any public gathering or
making a request that is published in a newspaper, on radio, or on
television.
DIVISION 3. Record Keeping, Registration, and Reporting
91140. (a) Lobbying entities and major filers shall prepare and
retain detailed records, including all books, papers, and other
relevant documents that are needed to comply with this title.
Treasurers and fundraisers for elective agency officers and
candidates for elective agency offices, or for any elective agency
officer's or candidate's controlled committees, shall prepare and
retain detailed contribution activity records of any contributions
received as a result of fundraising activity engaged in by a lobbying
entity. Lobbying entities and major filers shall retain the records
described in this subdivision for at least four years.
(b) If a lobbying entity engages in a fundraising activity at the
behest of a candidate for elective agency office, the lobbying entity
shall maintain records detailing any contributions that they know or
have reason to know resulted from the fundraising activity
(c) If an elective agency officer or a candidate for elective
agency office contracts with a lobbying entity to engage in a
fundraising activity, the committee treasurer and fundraiser shall
maintain records detailing any contributions that they know or have
reason to know resulted from the fundraising activity. The treasurer
and fundraiser shall make the records available to the lobbying
entity upon the request of the lobbying entity.
(d) If a lobbying entity delivers or sends written communications
to an agency in an attempt to influence agency legislation, the
lobbying entity shall prepare and maintain detailed records of the
communications for at least four years.
91141. (a) A lobbying entity shall verify and submit its
registration and all reports and statements pursuant to this title
under penalty of perjury using forms provided by the commission.
(b) Any paper report or statement properly addressed and including
the correct postage shall be considered filed on the date of the
postmark or on the date of delivery to the commission, whichever is
earlier.
91142. (a) A lobbying entity that is required by this title to
file registration and quarterly report statements with the commission
shall file those statements online using the computer program
established by the commission pursuant to Section 91181 until the
lobbying entity's status as a lobbyist, lobbying firm, or lobbyist
employer has officially terminated.
(b) A lobbying entity that is required by subdivision (a) to file
statements online shall also file a paper copy, containing the same
information, with the commission of each statement required by this
title. Each paper copy of a statement shall contain an original
signature. Paper copies of statements shall continue to be filed
until the entity's status as a lobbyist, lobbying firm or lobbyist
employer has officially terminated. Until otherwise permitted under
agency law, the signed paper copy shall be the original statement for
audit and other legal purposes.
91143. (a) Except as provided in subdivision (b) of Section
91145, a lobbyist shall register with the commission within 10 days
after the end of the calendar month in which the person qualifies as
a lobbyist.
(b) A lobbying firm shall register with the commission within 10
days after the end of the calendar month in which a partner, owner,
shareholder, officer, or employee of the firm qualifies as a
lobbyist.
(c) If a person is not registered as a lobbyist or lobbying firm,
but is performing acts which would require that person to register,
that person may continue to act as a lobbyist or lobbying firm so
long as the person registers with the commission within 10 days after
the person knows or should know of the obligation to register. A
lobbyist or lobbying firm shall register each client on whose behalf
the lobbyist or lobbying firm engages in lobbying activities to
influence agency legislation or from which the lobbyist or lobbying
firm receives or becomes entitled to receive at least two hundred
fifty dollars ($250) in a calendar quarter for engaging in such
lobbying activities.
(d) A person who registers as a lobbyist or lobbying firm shall
retain that status through December 31 of the year in which the
registration occurs unless that person terminates the status pursuant
to Section 91147.
91144. A lobbyist registering pursuant to subdivision (a) of
Section 91143 shall file, with the registration, a statement that
includes all of the following information:
(a) The lobbyist's name, business address, and business telephone
number.
(b) The lobbying firm, if any, in which the lobbyist is a partner,
owner, shareholder, officer, or employee.
(c) If the lobbyist is not a partner, owner, shareholder, officer,
or employee of a lobbying firm, the name, business address, and
business telephone number of the lobbyist's employer, together with a
letter from the employer authorizing the lobbyist to lobby on behalf
of the employer.
(d) Each agency that the lobbyist has the authority to attempt to
influence on behalf of a client or employer.
(e) A statement that the lobbyist has reviewed and understands the
requirements of this title.
(f) Any other information required by regulation of the
commission, consistent with the purposes and provisions of this
title.
91145. A lobbying firm registering pursuant to subdivision (b) of
Section 91143 shall file, with the registration, a statement that
includes all of the following information:
(a) The lobbying firm's name, business address, and business
telephone number.
(b) The name of each lobbyist who is a partner, owner,
shareholder, officer, or employee of the lobbying firm. The
registration statement of each lobbyist described in this subdivision
shall be attached to, and filed with, the lobbying firm's
registration statement.
(c) For each client on whose behalf the lobbying firm engaged in
lobbying activities to influence agency legislation or from which the
lobbying firm received or became entitled to receive at least two
hundred fifty dollars ($250) in compensation during the calendar
quarter for engaging in such lobbying activities, all of the
following:
(1) The client's name, business or residence address, and business
or residence telephone number.
(2) The period during which the representation will occur.
(3) The item or items of agency legislation for which the lobbying
firm was retained to represent the client, or, if no specific items
of agency legislation for which the lobbying firm was retained to
represent the client can be identified, a description of the types of
agency legislation for which the lobbying firm was retained to
represent the client.
(4) Each agency that the lobbying firm has the authority to
attempt to influence on behalf of the client.
(5) A letter from the client authorizing the lobbying firm to
represent the client.
(6) In the case of a lobbyist who is an individual contract
lobbyist, a statement that he or she has reviewed and understands the
requirements of this title.
(7) The name of the person or persons responsible for preparing
the statement.
(8) Any other information required by regulation of the
commission, consistent with the purposes and provisions of this
title.
91146. A lobbyist or lobbying firm shall file an amendment to its
registration statement within 10 days of any change in information
required to be set forth in the registration statement.
91147. A lobbyist or lobbying firm registered pursuant to this
division shall file a registration termination form, as prescribed by
the commission, with the commission within 20 days after ceasing all
activity regulated by this title.
91148. Each lobbyist who is required to register pursuant to this
division shall attend a lobbying information session conducted by
the commission at least once every two calendar years according to
the following schedule:
(a) A person who has not registered as a lobbyist in the
immediately preceding two calendar years shall attend a lobbying
information session within six months of his or her registration date
as a lobbyist.
(b) A registered lobbyist who did not attend a lobbying
information session during the previous calendar year shall attend a
lobbying session by the end of the current calendar year.
(c) A registered lobbyist who attends a lobbying information
session during the current calendar year is not required to attend a
lobbying information session during the following calendar year.
91149. (a) A lobbyist or lobbying firm shall file a quarterly
report for every calendar quarter during which it retains that
status. A person who qualifies both as a lobbyist and lobbying firm
shall file only a lobbying firm quarterly report. A lobbyist
employer shall file a
quarterly report for every calendar quarter during which any
individual employed by that employer retains his or her status as a
lobbyist. Information required to be disclosed concerning
compensation received or expenditures made for lobbying shall be
disclosed either by the lobbyist or by his or her lobbying firm or
employer.
(b) Major filers shall file quarterly reports for every calendar
quarter during which they made qualifying payments or incurred
qualifying expenditures totaling at least five thousand dollars
($5,000).
(c) A lobbying entity or major filer shall disclose all required
information in its quarterly reports for the calendar quarter
immediately prior to the month in which the report is required to be
filed. The reports shall be filed in duplicate, including one
original and one copy.
(d) A lobbying entity or major filer shall file the quarterly
disclosure reports required by this section on or before the last day
of the month following each calendar quarter. A report properly
addressed and bearing the correct postage shall be considered filed
on the date of the postmark or on the date of delivery to the
commission, whichever is earlier.
91150. A lobbyist shall include all of the following information
in each quarterly report filed pursuant to Section 91149:
(a) The lobbyist's name, business address, and business telephone
number.
(b) The lobbying firm, if any, in which the lobbyist is a partner,
owner, shareholder, officer, or employee. If the lobbyist is not a
partner, owner, shareholder, officer, or employee of a lobbying firm,
the name, business address, and business telephone number of the
lobbyist's employer.
(c) The date, amount, and description of each activity expense of
at least twenty-five dollars ($25) or more made by the lobbyist
during the reporting period, the name and title of the agency
official benefitting from the expense, the name and business address
of the payee, and the client, if any, on whose behalf the expense was
made. An activity expense shall be considered to be made on behalf
of a client if the client requested or authorized the expense or if
the expense was made in connection with an event at which the
lobbyist attempted to influence the official on behalf of the client.
(d) The total amount of activity expenses made by the lobbyist
during the reporting period, whether or not itemized.
(e) The name of any elective agency officer, candidate for
elective agency office, or any controlled committee of the officer or
candidate to which the lobbyist made contributions of one hundred
dollars ($100) or more, or which were delivered by the lobbyist, or
in connection with which the lobbyist acted as an intermediary during
the reporting period, and the date and amount of the contribution.
(f) The name of any elective agency officer, candidate for
elective agency office, or any controlled committee of the officer or
candidate for which the lobbyist engaged in any fundraising activity
during the reporting period, the date of the activity, and the
amount of funds the lobbyist knows or has reason to know were raised
as a result of the activity.
(g) The date and amount of one or more contributions aggregating
at least one thousand dollars ($1,000) made by the lobbyist at the
behest of an elective agency officer or candidate for elective agency
office during the reporting period to any controlled committee of
any other elective agency officer or candidate for elective agency
office, the name and business address of the payee, the name of the
elective agency officer or candidate for elective agency office who
made the behest, and the date of the behest.
(h) The date, amount, and description of one or more donations
aggregating at least one thousand dollars ($1,000) or more made by
the lobbyist at the behest of an elective agency officer or candidate
for elective agency office during the reporting period to a
religious, charitable, or other nonprofit organization, the name and
business address of the payee, the name of the elective agency
officer or candidate for elective agency office who made the behest,
and the date of the behest.
(i) If the lobbyist provided compensated services, including
consulting services, during the quarterly reporting period to the
campaign of a candidate for elective agency office, or to a campaign
for or against an agency ballot measure, the name of the candidate,
the elective agency office sought by the candidate, the ballot number
or letter of the ballot measure, the date of the election, the
amount of compensation earned for the compensated services, and a
description of the nature of the services provided. The information
described in this subdivision shall be reported if the lobbyist
personally provided the services or if the services were provided by
a business entity in which the lobbyist owns at least a 10 percent
share, whether the compensation was provided directly to the lobbyist
or to the business entity.
(j) If the lobbyist provided compensated services, including
consulting services, under contract with an agency during the
quarterly reporting period, the amount of compensation received, the
agency for which the services were provided, a description or other
identification of the contract and the nature of the services
provided. The information described in this subdivision shall be
reported if the lobbyist personally provided the services or if the
services were provided by a business entity in which the lobbyist
owns at least a 10% percent share, whether the compensation was
provided directly to the lobbyist or to the business entity.
(k) The date on which a fundraising solicitation described in
Section 91154 is mailed or distributed and a general description of
the content of the solicitation, the number of pieces mailed or
distributed, and the name of the elective agency officer, candidate
for elective agency office, or agency ballot measure committee for
which the funds were solicited.
(l ) Each agency that the lobbyist attempted to influence.
(m) Any other information required by regulation of the
commission, consistent with the purposes and provisions of this
title.
91151. A lobbying firm, including an individual contract
lobbyist, shall include all of the following information in each
quarterly report filed pursuant to Section 91149:
(a) The name, business address, and business telephone number of
the lobbying firm.
(b) The name of each lobbyist who is a partner, owner,
shareholder, officer, or employee of the lobbying firm. A lobbying
firm shall attach the original quarterly report of each lobbyist
described in this subdivision as an exhibit to the quarterly report
of the firm.
(c) (1) The name, business address, and business telephone number
of each client that is required to be registered and was represented
by the lobbying firm during the reporting period.
(2) A description of each item of agency legislation for which the
lobbying firm or its lobbyists represented the client during the
reporting period.
(3) The total amount of payments received by the lobbying firm
from each client, including all fees, reimbursements for expenses,
and other payments, during the reporting period for the
representation.
(d) The total payments received from clients required to be
registered by the lobbying firm during the reporting period in
connection with the firm's representation of clients on agency
legislation.
(e) The date, amount, and description of each activity expense of
twenty-five dollars ($25) or more made by the lobbying firm during
the reporting period, the name and title of the agency official
benefitting from the expense, the name and address of the payee, and
the client, if any, on whose behalf the expense was made. An activity
expense is made on behalf of a client if the client requested or
authorized the expense or if the expense was made in connection with
an event at which the lobbying firm attempted to influence the
official on behalf of the client.
(f) The total amount of activity expenses made by the lobbying
firm during the reporting period, whether or not itemized.
(g) The total amount of expenses incurred in connection with
attempts by the lobbying firm to influence agency legislation. These
expenses shall include all of the following:
(1) Total payments to lobbyists employed by the lobbying firm.
(2) Total payments to employees of the lobbying firm, other than
lobbyists, who engaged in attempts to influence agency legislation
during the reporting period.
(3) All expenses attributable to attempts to influence agency
legislation, other than overhead, and other expenses that would not
have been incurred but for the attempts to influence. Each expense
described in this paragraph of at least five thousand dollars
($5,000) shall be itemized and described.
(h) The name of any elective agency officer, candidate for
elective agency office, or any controlled committee of the officer or
candidate to which the lobbying firm made contributions of one
hundred ($100) or more, or which were delivered by the lobbying firm,
or in connection with which the lobbying firm acted as an
intermediary during the reporting period, and the date and amount of
the contribution.
(i) The name of any elective agency officer, candidate for
elective agency office, or any agency controlled committee of the
officer or candidate for which the lobbying firm engaged in any
fundraising activity during the reporting period, and the date of the
activity and the amount of funds the lobbying firm knows or has
reason to know were raised as a result of the activity.
(j) The date and amount of one or more contributions aggregating
at least one thousand dollars ($1,000) made by the lobbying firm at
the behest of an elective agency officer or candidate for elective
agency office during the reporting period to any controlled
committees of any other elective agency officer or candidate for
elective agency office, the name and address of the payee, the name
of the elective agency officer or candidate for elective agency
office who made the behest, and the date of the behest.
(k) The date, amount, and description of one or more donations
aggregating at least one thousand dollars ($1,000) made by the
lobbying firm at the behest of an elective agency officer or
candidate for elective agency office during the reporting period to
any religious, charitable, or other nonprofit organization, the name
and address of the payee, the name of the elective agency officer or
candidate for elective agency office who made the behest, and the
date of the behest.
( l ) If the lobbying firm provided compensated
services, including consulting services, during the quarterly
reporting period, to the campaign of a candidate for elective agency
office, or to a campaign for or against an agency ballot measure, the
name of the candidate, the elective agency office sought by the
candidate, the ballot number or letter of the ballot measure, the
date of the election, the amount of compensation earned for the
compensated services, and a description of the services provided.
(m) If the lobbying firm provided compensated services, including
consulting services, under contract with an agency during the
quarterly reporting period, the amount of compensation received, the
agency for which the services were provided, and a description or
other identification of the contract and the nature of the services
provided. For an individual contract lobbyist who qualifies as a
lobbying firm, the information described in this subdivision shall be
reported if the lobbyist personally provided the services or if the
services were provided by a business entity in which the lobbyist
owns at least a 10 percent share, regardless of whether the
compensation was provided directly to the lobbyist or to the business
entity.
(n) The date on which a fundraising solicitation described in
Section 91154 is mailed or distributed and a general description of
the content of the solicitation, the number of pieces mailed or
distributed, and the name of the elective agency officer, candidate
for elective agency office, or agency ballot measure committee for
which the funds were solicited.
(o) For an individual contract lobbyist who qualifies as a
lobbying firm, each agency that the lobbyist attempted to influence.
(p) The name, business address, and business telephone number of
the person responsible for preparing the report.
(q) Any other information required by regulation of the
commission, consistent with the purposes and provisions of this
title.
91152. A lobbyist employer shall include all of the following
information in each quarterly report filed pursuant to Section 91149:
(a) The name, business address, and business telephone number of
the lobbyist employer.
(b) The name of each lobbyist who is employed by the lobbyist
employer. The lobbyist employer shall attach the original quarterly
report of each lobbyist described in this subdivision as an exhibit
to the quarterly report of the lobbyist employer.
(c) The total payments made during the reporting period to
lobbyists employed by the lobbyist employer. The total shall include
only payments for compensation and reimbursement of expenses relating
to the lobbyists' attempts to influence agency legislation.
(d) The total payments to employees of the lobbyist employer,
other than lobbyists, who engaged in attempts to influence agency
legislation during the reporting period. The total shall include
payments for compensation and reimbursement of expenses relating to
the attempts of the employees to influence agency legislation.
(e) Total payments for expenses incurred in connection with
attempts by the lobbyist employer to influence agency legislation
during the reporting period. The total expenses shall include all
expenses attributable to attempts to influence agency legislation,
other than overhead, and other expenses that would not have been
incurred but for the attempts to influence. The lobbyist employer
shall itemize and described each expense described in this
subdivision of at least five thousand dollars ($5,000).
(f) A description of each item of agency legislation that the
lobbyist employer attempted to influence during the reporting period.
(g) A description of each item of agency legislation which the
lobbyist employer attempted to influence during the reporting period.
(h) The date, amount, and description of each activity expense of
at least twenty-five dollars ($25) made by the lobbyist employer
during the reporting period, the name and title of the agency
official benefitting from the expense, and the name and business
address of the payee.
(i) The total amount of activity expenses made by the lobbyist
employer during the reporting period, whether or not itemized.
(j) The name of any elective agency officer, candidate for
elective agency office, or any controlled committee of the officer or
candidate to which the lobbyist employer made contributions of at
least one hundred ($100), or which were delivered by the lobbyist
employer, or in connection with which the lobbyist employer acted as
an intermediary during the reporting period, and the date and amount
of the contribution.
(k) The name of any elective agency officer, candidate for
elective agency office, or any agency controlled committee of the
officer or candidate for which the lobbyist employer engaged in any
fundraising activity during the reporting period, the date of the
activity, and the amount of funds the lobbyist employer knows or has
reason to know were raised as a result of the activity.
( l ) The date and amount of one or more contributions
aggregating more than one thousand dollars ($1,000) made by the
lobbyist employer at the behest of an elective agency officer or
candidate for elective agency office during the reporting period to
any and all controlled committees of any other elective agency
officer or candidate for elective agency office, the name and
business address of the payee, the name of the elective agency
officer or candidate for elective agency office who made the behest,
and the date of the behest.
(m) The date, amount, and description of one or more donations
aggregating at least one thousand dollars ($1,000) made by the
lobbyist employer at the behest of an elective agency officer or
candidate for elective agency office during the reporting period to
any religious, charitable, or other nonprofit organization, the name
and business address of the payee, the name of the elective agency
officer or candidate for elective agency office who made the behest,
and the date of the behest.
(n) The date on which a fundraising solicitation described in
Section 91154 is mailed or distributed and a general description of
the content of the solicitation, the number of pieces mailed or
distributed, and the name of the elective agency officer, candidate
for elective agency office, or agency ballot measure committee for
which the funds were solicited.
(o) The name, business address, and business telephone number of
the person responsible for preparing the report.
(p) Any other information required by regulation of the
commission, consistent with the purposes and provisions of this
title.
91153. A major filer shall include all of the following
information in each quarterly report filed pursuant to Section 91149:
(a) The name, business address, and business telephone number of
the major filer.
(b) A description of each item of agency legislation that the
major filer attempted to influence during the reporting period.
(c) The total payments made during the reporting period for the
purpose of attempting to influence action on each proposed or pending
matter of agency legislation.
(d) The date on which a fundraising solicitation described in
Section 91154 is mailed or distributed and a general description of
the content of the solicitation, the number of pieces mailed or
distributed, and the name of the elective agency officer, candidate
for elective agency office, or agency ballot measure committee for
which the funds were solicited.
(e) The name, business address, and business telephone number of
the person responsible for preparing the report.
(f) Any other information required by regulation of the
commission, consistent with the purposes and provisions of this
title.
91154. A lobbying entity that produces, pays for, mails, or
distributes more than 50 substantially similar copies of a written
political fundraising solicitation for any controlled committee of an
elective agency officer or candidate for elective agency office
related to seeking or holding agency elective office or supporting or
opposing an agency ballot measure, shall, at the time the
solicitation is sent or otherwise distributed, send a copy of the
solicitation to the commission to be made available for public
inspection.
91155. A lobbying entity that makes one or more contributions to
an elective agency officer or to any or all of his or her controlled
committees shall file a notice with the commission each time the
making of a contribution results in the lobbying entity having made
contributions aggregating more than seven thousand ($7,000) to the
officer and his or her controlled committees within the prior 12
months. The notice shall be filed on a form prescribed by the
commission within one business day after the lobbying entity makes
the contribution and shall contain all of the following information:
(a) The name, business address, and business telephone number of
the filer, the name of the elective agency officer, and any or all of
his or her controlled committees, to which the lobbying entity made
contributions aggregating more than seven thousand dollars ($7,000)
during the past 12 months, and the date and amount of each
contribution.
(b) For purposes of this section, "controlled committee" does not
include any committee controlled by an elective agency officer that
is formed to support or oppose a ballot measure or formed to support
the election of that officer to other than elective agency office.
The original notice shall be filed with the commission and copies
shall be filed with the appropriate clerk of the agency and the
elective agency officer involved. Each notice may only include
information relative to one elective officer.
(c) The form shall be considered filed on the date of the postmark
or on the date of delivery to the commission, whichever is earlier.
(d) The form shall be verified under penalty of perjury by the
person filing it or by an officer of the entity authorized to file
it.
(e) The commission shall post the information in the notice on its
Internet Web site within one business day of its receipt of the
notice. The appropriate clerk of the agency shall make the notice
available for public inspection within one business day of its
receipt.
91156. (a) A lobbying entity that, within any 12 month period,
has engaged in fundraising activities on behalf of an elective agency
officer or any of his or her controlled committees and knows or has
reason to know that the fundraising activities resulted in
contributions, or has delivered or acted as an intermediary for one
or more contributions to the elective agency officer or any of his or
her controlled committees, shall file a notice with the commission
any time those contributions aggregate more than fifteen thousand
dollars ($15,000) in the case of a member of the governing body of
the agency, or more than thirty-five thousand dollars ($35,000) in
the case of an elective agency officer. The lobbying entity shall
file the notice within one business day after either of those
monetary thresholds is exceeded on a form prescribed by the
commission and shall include all of the following information:
(1) The name, business address, and business telephone number of
the filer.
(2) The name of the elective agency officer, and his or her
controlled committees, as applicable, on whose behalf the lobbying
entity engaged in fundraising activities or delivered or acted as
intermediary for one or more contributions to the elective agency
officer or any of his or her controlled committees.
(3) The date of the fundraising activity, and the amount of
contributions raised, delivered, or in connection with which the
lobbying entity acted as an intermediary.
(b) For purposes of this section, "controlled committee" does not
include any committee controlled by an elective agency officer that
is formed to support or oppose a ballot measure or formed to support
the election of that officer to other than elective agency office.
(c) If a fundraising event is sponsored or hosted by more than one
person, the amount of contributions received at or as a result of
the event shall be attributed to each lobbying entity who hosted or
sponsored the event according to the amount of the contributions that
resulted from the fundraising activities of the lobbying entity. If
a contribution results from the fundraising of more than one person
or lobbying entity, that contribution shall be apportioned equally to
each of the persons or lobbying entity that engaged in the
fundraising activity.
(d) The original notice shall be filed with the commission, and
copies shall be filed with the appropriate clerk of the agency and
the elective agency officer involved. Each notice may include only
information relative to one elective agency officer.
(e) The filing date of the form is the date of the postmark or the
date of delivery to the commission, whichever is earlier.
(f) The form shall be verified under penalty of perjury by the
person filing it or by an officer of the entity authorized to file
it.
(g) The commission shall post the information in the notice on its
Internet Web site within one business day of its receipt of the
notice. The appropriate clerk of the agency shall make the notice
available for public inspection within one business day of its
receipt.
DIVISION 4. Prohibitions
91160. A lobbyist or lobbying firm shall not do any of the
following:
(a) Act with the purpose and intent of placing an agency official
under personal obligation to the lobbyist, the lobbying firm, the
employer of the lobbyist or firm, or a client of the lobbyist or
firm.
(b) Fraudulently deceive or attempt to deceive an agency official
with regard to any material fact pertinent to pending or proposed
agency legislation.
(c) Cause or influence the introduction of agency legislation for
the purpose of thereafter being employed or retained to secure its
passage or defeat.
(d) Cause any communication to be sent to any agency official in
the name of any nonexistent person or in the name of any existing
person without the consent of that person.
(e) Make or arrange for a payment to an agency official or act as
an agent or intermediary in making a payment to any other person if
the arrangement or the payment would violate an ordinance adopted by
the agency relating to governmental ethics.
DIVISION 5. Exemptions
91170. The provisions of this title do not apply to any of the
following:
(a) An agency that has adopted an ordinance that mandates lobbyist
registration.
(b) An agency official acting in his or her official capacity.
(c) An agency employee acting within the scope of his or her
employment.
(d) A newspaper or other regularly published periodical or a radio
or television station or network, including any person who owns,
publishes, or is employed by a newspaper, periodical, station, or
network, if, in the ordinary course of its business, it publishes or
broadcasts news, editorials and other comments, or paid advertising,
that directly or
indirectly attempts to influence action on agency legislation. This
exemption does not apply to any other action by a newspaper,
periodical, station, or network, or by any person who owns,
publishes, or is employed by a newspaper, periodical, station, or
network, to attempt to influence agency legislation, if the action is
otherwise regulated by this title.
(e) A person acting without compensation or consideration other
than reimbursement or payment of reasonable travel expenses.
(f) A person whose only activity is submitting a bid on a
competitively bid contract, submitting a written response to or
participating in an oral interview for a request for proposals or
qualifications, or negotiating the terms of a written agreement with
any agency if selected pursuant to that bid or request for proposals
or qualifications. Except with regard to persons described in
subdivision (g), this exemption does not apply to any person who
attempts to influence the action of an agency officer or employee
with regard to any contract described in this subdivision.
(g) An organization that is exempt from federal taxation pursuant
to Section 501(c)(3) of the Internal Revenue Code and receives
funding from any federal, state, or local government agency for the
purpose of representing the interests of indigent persons for the
primary purpose of providing direct services to those persons,
including an employee of the organization acting within the scope of
his or her employment, if the individual or individuals represented
by the organization before an agency provide no payment to the
organization for that representation. Direct contacts between an
organization and an agency official in a setting other than a
publicly noticed meeting for the purpose of attempting to influence
an agency decision with regard to agency funding which the
organization is seeking are not exempt pursuant to this subdivision.
DIVISION 6. Enforcement
91180. An agency shall establish a commission to implement and
enforce the provisions of this title.
91181. The commission shall establish an Internet-based,
interactive computer program that is available on its Internet Web
site and allows persons to file reports and statements with the
commission, and view and search for those reports and statements,
online.
91182. The commission shall establish a schedule of fees for
purposes of its administrative costs in administering and enforcing
this title.
91183. The commission may conduct audits of reports and
statements filed pursuant to this title. The commission may conduct
audits on a random basis or when the commission staff has reason to
believe that a report or statement may be inaccurate or has not been
filed.
91184. (a) A person who knowingly or willfully violates any
provision of this title is guilty of a misdemeanor. A person who
knowingly or willfully causes another person to violate any provision
of this title, or who knowingly or willfully aides and abets another
person in violating any provision of this title, is guilty of a
misdemeanor.
(b) Prosecution for violation of any provision of this title shall
be commenced within one year after the date on which the violation
occurred.
(c) A person convicted of a violation of this title shall not act
as a lobbyist or otherwise attempt to influence agency legislation
for compensation for one year after the date of entry of a final
judgment of conviction pursuant to this section.
91185. (a) A person who knowingly or willfully violates any
provision of Section 91160 is liable in a civil action brought by the
prosecuting attorney of the agency. A person who intentionally or
negligently violates any other provisions of this title shall be
liable in a civil action brought by the prosecuting attorney of the
agency. Failure to properly report any receipt or expenditure as
required by this title may result in civil penalties not to exceed
the amount not properly reported, or two thousand dollars ($2,000),
whichever is greater. Any additional violation may result in civil
penalties no greater than two thousand dollars ($2,000). If a court
determines that a violation was intentional, the court may order that
the defendant be prohibited from acting as a lobbyist or otherwise
attempting to influence agency legislation for a period of one year.
(b) In determining the amount of liability pursuant to this
section, a court shall take into account the seriousness of the
violation and the degree of culpability of the defendant.
(c) If two or more persons are responsible for a violation
described in subdivision (a), they shall be jointly and severally
liable.
(d) A civil action alleging a violation of this title shall not be
filed more than four years after the date the violation occurred.
91186. The prosecuting attorney of the agency, on behalf of the
people within the jurisdiction of the agency, may seek injunctive
relief to enjoin violations of or to compel compliance with the
provisions of this title.
91187. As soon as practicable after the close of each quarterly
reporting period, the commission shall prepare a report to the chief
elective agency officer and the governing body of the agency
regarding lobbying activity that occurred during the reporting
period. The report shall be in a form that, in the opinion of the
commission, best describes the activities, receipts, and expenditures
of persons subject to the requirements of this title.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
SECTION 1. It is the intent of the Legislature
to enact legislation that will require each local government to
create a lobbyist registration program as a condition of the local
government being eligible to apply for any discretionary grant from
any state agency or department.