BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1426|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 1426
Author: Blakeslee (R), et al.
Amended: 4/9/12
Vote: 27
SENATE ELECTIONS & CONST. AMEND. COMM. : 4-0, 4/19/12
AYES: Correa, La Malfa, Gaines, Lieu
NO VOTE RECORDED: De Le�n
SENATE APPROPRIATIONS COMMITTEE : 6-0, 5/24/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Steinberg
NO VOTE RECORDED: Price
SUBJECT : Political Reform Act: lobbyist employers:
gifts
SOURCE : Author
DIGEST : This bill prohibits a lobbyist, lobbying firm,
or lobbyist employer from giving to an elected state
officer or a member of that officers immediate family, and
prohibits 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 this bill, these prohibitions will not apply
to a fundraising event for a bona fide charitable
organization.
ANALYSIS : Existing law prohibits a lobbyist or lobbying
CONTINUED
SB 1426
Page
2
firm from making gifts aggregating more than $10 in a
calendar month to elected state officers, candidates for
state office, specified legislative officials, and
specified officials of other agencies.
Existing law also prohibits these same elected officers,
candidates, and officials from accepting gifts from any
single source in a calendar year with a total value of more
than $420, with certain limited exceptions. The Fair
Political Practices Commission is required to adjust this
gift limit on
January 1 of each odd-numbered year to reflect changes in
the Consumer Price Index.
Existing law, for the purposes of the Political Reform Act,
defines "immediate family" as the spouse and dependent
children.
This bill further prohibits a lobbyist, lobbying firm, or
lobbyist employer from giving to a person holding elective
state office or to a member of that officeholder's
immediate family, any of the following gifts:
Theme park or amusement park tickets.
Professional sporting event tickets.
A collegiate or other amateur sporting event ticket
with a face value exceeding $25.
Theater, concert, or other entertainment tickets with a
face value exceeding $25.
Racetrack tickets.
Spa treatments or other beauty or cosmetic services.
Golf, skiing, hunting or fishing trips, and other
recreational outings or vacations.
Gift cards.
This bill also prohibits a person holding elective state
office or a member of that officeholder's immediate family
CONTINUED
SB 1426
Page
3
from accepting any of the aforementioned gifts from
lobbyists, lobbying firms, or lobbyist employers.
This bill provides that these prohibitions will not apply
to a fundraising event for a bona fide charitable
organization.
Background
What is a Gift? Generally, a "gift" is defined as any
payment or other benefit provided to someone that confers a
personal benefit for which the recipient does not provide
goods or services of equal or greater value. A gift
includes a rebate or discount in the price of anything of
value unless the rebate or discount is made in the regular
course of business to members of the public.
Related Legislation
SB 18 (Blakeslee, 2011) which was approved by Senate
Elections and Constitutional Amendments Committee, but died
on the Senate Appropriations Committee Suspense File was
almost identical to this bill.
AB 2368 (Blakeslee, 2009) which died in the Assembly
Appropriations Committee, and AB 1412 (Torrico, 2009) which
died on the Assembly Inactive File, both would have
prohibited a lobbyist employer from making gifts of $10 or
more in a calendar month to a member of the Legislature.
AB 2795 (Blakeslee, 2008) which died in the Assembly
Appropriations Committee, would have extended gift
prohibitions to lobbyist employers, except that a lobbyist
employer would be permitted to provide food or refreshments
of a nominal value other than as part of a meal. It would
also have authorized a lobbyist employer to give, and a
state candidate, elected state officer, legislative
official, or agency official to receive, a complimentary
ticket to an event sponsored by the lobbyist employer if
the event met specified conditions.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
CONTINUED
SB 1426
Page
4
According to the Senate Appropriations Committee, there
would be total first year costs of $204,970 (General Fund)
as follows:
Annual costs of $197,170 for 2.4PYs (General)
Additional one-time costs of about $4,000 in operating
expenses (General)
Ongoing costs of $3,800 for communications (General)
SUPPORT : (Verified 5/24/12)
California Common Cause
California Public Interest Research Groups
OPPOSITION : (Verified 5/24/12)
Fair Political Practices Commission
ARGUMENTS IN SUPPORT : According to the author's office,
despite rigid laws defining what gifts can and cannot be
given to an elected official as well as well-defined gift
limits, lobbyists, lobbyist firms, and lobbyist employers
continue to lavish extraordinary gifts of influence on
elected officials with the intent to finance access to
legislators that is not available to other members of the
public. This bill expressly prohibits the giving and
receiving of unnecessary entertainment gifts (as defined)
in order to reinstate the public's trust in their elected
representatives. Legislators do not require gifts in order
to do their jobs. The public has provided legislators with
per diem payments to cover meals, office budgets that cover
legislative travel and annual salaries that provide ample
resources to cover any legitimate expenses. Legislators
should not receive special treatment from those with
business before the Legislature.
ARGUMENTS IN OPPOSITION : According to the Fair Political
Practices Commission, "The Commission has concerns about
any legislative measure includes an appropriation adequate
to carry out its provisions. Commission staff has
determined that the implementation of SB 1426 would require
additional resources that cannot be absorbed within the
Commission's current budget."
CONTINUED
SB 1426
Page
5
DLW:kc 5/25/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED