BILL NUMBER: SB 1426 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 21, 2012
AMENDED IN SENATE APRIL 9, 2012
INTRODUCED BY Senator Blakeslee
(Principal coauthor: Senator Correa)
( Coauthors: Senators Dutton,
Gaines, and Wyland )
FEBRUARY 24, 2012
An act to amend Section 86203 of, and to add Section 89504 to, the
Government Code, relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
SB 1426, as amended, Blakeslee. Lobbyist employers: gifts.
The Political Reform Act of 1974 regulates the receipt of gifts by
public officials and also regulates the activities of members of the
lobbying industry, including lobbyist employers. Under existing law,
public officials are prohibited from accepting gifts from any single
source in any calendar year with a total value of more than $250, as
adjusted biennially by the Fair Political Practices Commission.
Existing law also prohibits a lobbyist or lobbying firm from giving
gifts to a public official aggregating more than $10 in a calendar
month or from acting as an agent or intermediary in the making of any
gift or arranging for the making of any gift by any other person.
This bill would prohibit a lobbyist, lobbying firm, or lobbyist
employer from giving to an elected state officer or a member of that
officer's immediate family, and would prohibit an elected state
officer from accepting from a lobbyist, lobbying firm, or lobbyist
employer, certain gifts, including tickets to specified
venues and events, spa treatments, recreational trips, and
gift cards. However, under the bill, these prohibitions would not
apply to a fundraising event for a bona fide charitable organization.
This bill would also prohibit a lobbyist employer from giving to
an elected state officer, or a lobbyist, lobbying firm, or lobbyist
employer from giving to a member of that officer's immediate family,
specified entertainment tickets with face values exceeding $25,
including theater, concert, and amateur sporting event tickets.
Existing law makes a violation of the Political Reform Act of 1974
subject to administrative, civil, and 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. Section 86203 of the Government Code is amended to
read:
86203. (a) It is unlawful for a lobbyist or lobbying firm to make
gifts to one person aggregating more than ten dollars ($10) in a
calendar month, or to act as an agent or intermediary in the making
of any gift, or to arrange for the making of any gift by any other
person.
(b) (1) It is unlawful for a lobbyist, lobbying firm, or lobbyist
employer to give to an elected state officer or to a member of that
officer's immediate family, from the date the officer is elected to
the date he or she vacates office, any of the following gifts:
(A) A theme park or amusement park ticket.
(B) A professional sporting event ticket.
(C) A collegiate or other amateur sporting event ticket with a
face value exceeding twenty-five dollars ($25).
(D) A theater, concert, or other entertainment ticket with a face
value exceeding twenty-five dollars ($25).
(E)
(C) A racetrack ticket.
(F)
(D) A spa treatment, or other beauty or cosmetic
service.
(G)
(E) A golf, skiing, hunting, or fishing trip, or other
recreational outing or vacation.
(H)
(F) A gift card.
(2) It is unlawful for a lobbyist employer to give to an elected
state officer, or for a lobbyist, lobbying firm, or lobbyist employer
to give to a member of that officer's immediate family, from the
date the officer is elected to the date he or she vacates office,
either of the following gifts:
(A) A collegiate or other amateur sporting event ticket with a
face value exceeding twenty-five dollars ($25).
(B) A theater, concert, or other entertainment ticket with a face
value exceeding twenty-five dollars ($25).
(2)
(3) The prohibitions in this subdivision do not apply
to a fundraising event for a bona fide charitable organization.
SEC. 2. Section 89504 is added to the Government Code, to read:
89504. (a) An elected state officer, from the date the officer is
elected to the date he or she vacates office, shall not accept
as from a lobbyist or lobbying firm
gifts aggregating more than ten dollars ($10) in a calendar
month.
(b) An elected state officer, from the
date the officer is elected to the date he or she vacates
office, shall not accept as a gift from a lobbyist, lobbying
firm, or lobbyist employer any of the following:
(1) A theme park or amusement park ticket.
(2) A professional sporting event ticket.
(3) A collegiate or other amateur sporting event ticket with a
face value exceeding twenty-five dollars ($25).
(4) A theater, concert, or other entertainment ticket with a face
value exceeding twenty-five dollars ($25).
(5)
(3) A racetrack ticket.
(6)
(4) A spa treatment, or other beauty or cosmetic
service.
(7)
(5) A golf, skiing, hunting, or fishing trip, or other
recreational outing or vacation.
(8)
(6) A gift card.
(c) An elected state officer, from the date the officer is elected
to the date he or she vacates office, shall not accept as a gift
from a lobbyist employer either of the following gifts:
(1) A collegiate or other amateur sporting event ticket with a
face value exceeding twenty-five dollars ($25).
(2) A theater, concert, or other entertainment ticket with a face
value exceeding twenty-five dollars ($25).
(b)
(d) The prohibitions in this section
subdivisions (b) and (c) do not apply to a fundraising
event for a bona fide charitable organization.
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.