Article 1. Registration And Reporting of California Government Code >> Title 9. >> Chapter 6. >> Article 1.
(a) Individual lobbyists shall prepare lobbyist
certifications pursuant to Section 86103 for filing with the
Secretary of State as part of the registration of the lobbying firm
in which the lobbyist is a partner, owner, officer, or employee or as
part of the registration of the lobbyist employer by which the
lobbyist is employed.
(b) Lobbying firms shall register with the Secretary of State.
(c) Lobbyist employers as defined in subdivision (a) of Section
82039.5 shall register with the Secretary of State.
(d) Lobbyist employers as defined in subdivision (b) of Section
82039.5 and persons described in subdivision (b) of Section 86115 are
not required to register with the Secretary of State but shall file
statements pursuant to this article.
(e) A registration statement shall be filed both by online or
electronic means and physically, submitting the original statement
and one copy, in paper format.
Every lobbying firm and lobbyist employer who is required to
file a registration statement under this chapter shall register with
the Secretary of State no later than 10 days after qualifying as a
lobbying firm or lobbyist employer.
(a) The Secretary of State shall charge each lobbying firm
and lobbyist employer required to file a registration statement under
this chapter a fee of fifty dollars ($50) per year for each lobbyist
required to be listed on its registration statement.
(b) One-half of the moneys collected pursuant to this section
shall be deposited in the Political Disclosure, Accountability,
Transparency, and Access Fund, and the other one-half of the moneys
shall be deposited in the General Fund.
A lobbyist certification shall include all of the following:
(a) A recent photograph of the lobbyist, the size of which shall
be prescribed by the Secretary of State.
(b) The full name, business address, and telephone number of the
lobbyist.
(c) A statement that the lobbyist has read and understands the
prohibitions contained in Sections 86203 and 86205.
(d) (1) In the case of a lobbyist who filed a completed lobbyist
certification in connection with the last regular session of the
Legislature, a statement that the lobbyist has completed, within the
previous 12 months or will complete no later than June 30 of the
following year, the course described in subdivision (b) of Section
8956. If the lobbyist certification states that the lobbyist will
complete the course no later than June 30 of the following year, the
certification shall be accepted on a conditional basis. Thereafter,
if the lobbyist completes the course no later than June 30 of the
following year, the lobbyist shall file a new lobbyist certification
with the Secretary of State which shall replace the conditional
lobbyist certification previously filed. If the lobbyist
certification states that the lobbyist will complete the course no
later than June 30 of the following year and the lobbyist fails to do
so, the conditional lobbyist certification shall be void and the
individual shall not act as a lobbyist pursuant to this title until
he or she has completed the course and filed with the Secretary of
State a lobbyist certification stating that he or she has completed
the course and the date of completion. It shall be a violation of
this section for any individual to act as a lobbyist pursuant to this
title once his or her conditional certification is void.
(2) If, in the case of a new lobbyist certification, the lobbyist
has not completed the course within the previous 12 months, the
lobbyist certification shall include a statement that the lobbyist
will complete a scheduled course within 12 months, and the lobbyist
certification shall be accepted on a conditional basis. Following the
lobbyist's completion of the ethics course, the lobbyist shall file
a new lobbyist certification with the Secretary of State which shall
replace the conditional lobbyist certification previously filed. If
the new lobbyist certification states that the lobbyist will complete
the course within 12 months and the lobbyist fails to do so, the
conditional lobbyist certification shall be void and the individual
shall not act as a lobbyist pursuant to this title until he or she
has completed the course and filed with the Secretary of State a
lobbyist certification stating he or she has completed the course and
the date of completion. It shall be a violation of this section for
any individual to act as a lobbyist pursuant to this title once his
or her conditional certification is void.
(e) Any other information required by the commission consistent
with the purposes and provisions of this chapter.
The registration of a lobbying firm shall include:
(a) The full name, business address, and telephone number of the
lobbying firm.
(b) A list of the lobbyists who are partners, owners, officers, or
employees of the lobbying firm.
(c) The lobbyist certification of each lobbyist in the lobbying
firm.
(d) For each person with whom the lobbying firm contracts to
provide the following lobbying services:
(1) The full name, business address, and telephone number of the
person.
(2) A written authorization signed by the person.
(3) The time period of the contract.
(4) Information sufficient to identify the nature and interests of
the person including:
(A) If the person is an individual, the name and address of his or
her employer, if any, or his or her principal place of business if
the person is self-employed, and a description of the business
activity in which the person or his or her employer is engaged.
(B) If the person is a business entity, a description of the
business activity in which it is engaged.
(C) If the person is an industry, trade, or professional
association, a description of the industry, trade, or profession
which it represents including a specific description of any portion
or faction of the industry, trade, or profession which the
association exclusively or primarily represents and, if the
association has not more than 50 members, the names of the members.
(D) If the person is not an individual, business entity, or
industry, trade, or professional association, a statement of the
person's nature and purposes, including a description of any
industry, trade, profession, or other group with a common economic
interest which the person principally represents or from which its
membership or financial support is principally derived.
(5) The lobbying interests of the person.
(6) A list of the state agencies whose legislative or
administrative actions the lobbying firm will attempt to influence
for the person.
(e) The name and title of a partner, owner, or officer of the
lobbying firm who is responsible for filing statements and reports
and keeping records required by this chapter on behalf of the
lobbying firm, and a statement signed by the designated responsible
person that he or she has read and understands the prohibitions
contained in Sections 86203 and 86205.
(f) Any other information required by the commission consistent
with the purposes and provisions of this chapter.
The registration of a lobbyist employer shall include:
(a) The full name, business address, and telephone number of the
lobbyist employer.
(b) A list of the lobbyists who are employed by the lobbyist
employer.
(c) The lobbyist certification of each lobbyist employed by the
lobbyist employer.
(d) Information sufficient to identify the nature and interests of
the filer, including:
(1) If the filer is an individual, the name and address of the
filer's employer, if any, or his or her principal place of business
if the filer is self-employed, and a description of the business
activity in which the filer or his or her employer is engaged.
(2) If the filer is a business entity, a description of the
business activity in which it is engaged.
(3) If the filer is an industry, trade, or professional
association, a description of the industry, trade, or profession
which it represents including a specific description of any portion
or faction of the industry, trade, or profession which the
association exclusively or primarily represents and, if the
association has not more than 50 members, the names of the members.
(4) If the filer is not an individual, business entity, or
industry, trade, or professional association, a statement of the
person's nature and purposes, including a description of any
industry, trade, profession, or other group with a common economic
interest which the person principally represents or from which its
membership or financial support is principally derived.
(e) The lobbying interests of the lobbyist employer, and a list of
the state agencies whose legislative or administrative actions the
lobbyist employer will attempt to influence.
(f) Any other information required by the commission consistent
with the purposes and provisions of this chapter.
Each registered lobbying firm and lobbyist employer which
will be conducting activities which require registration shall renew
its registration by filing photographs of its lobbyists,
authorizations, and a registration statement between November 1 and
December 31, of each even-numbered year. Each lobbyist shall renew
his or her lobbyist certification in connection with the renewal of
registration by the lobbyist's lobbying firm or employer.
(a) If any change occurs in any of the information contained
in a registration statement, an appropriate amendment shall be filed
both by online or electronic means and physically, submitting the
original one copy of the amendment, in paper format, with the
Secretary of State within 20 days after the change. However, if the
change includes the name of a person by whom a lobbying firm is
retained, the registration statement of the lobbying firm shall be
amended and filed to show that change prior to the lobbying firm's
attempting to influence any legislative or administrative action on
behalf of that person. Lobbying firms and lobbyist employers that,
during a regular session of the Legislature, cease all activity that
required registration shall file a notice of termination within 20
days after the cessation. Lobbying firms and lobbyist employers that,
at the close of a regular session of the Legislature, cease all
activity that required registration are not required to file a notice
of termination.
(b) If any change occurs in any of the information contained in a
lobbyist certification or if a lobbyist terminates all activity that
required the certification, the lobbyist shall submit an amended
certification or notice of termination to his or her lobbying firm or
lobbyist employer for filing with the Secretary of State within the
time limits specified in subdivision (a). A lobbyist who, at the
close of a regular session of the Legislature, ceases all activity
that required certification is not required to file a notice of
termination.
(c) Lobbyists and lobbying firms are subject to Section 86203 for
the earlier of six months after filing a notice of termination or six
months after the close of a regular session of the Legislature at
the close of which the lobbyist or lobbying firm ceased all activity
that required certification or registration.
All information listed on any registration statement and on
any amendment, renewal, or notice of termination shall be printed by
the Secretary of State and made public within 30 days after filing.
Within 140 days after the commencement of each regular
session of the Legislature, the Secretary of State shall publish a
directory of registered individual lobbyists, lobbying firms, and
lobbyist employers. The Secretary of State shall publish, from time
to time, such supplements to the directory as may be necessary.
(a) The Secretary of State shall establish and maintain on
the Internet an online version of the Directory of Lobbyists,
Lobbying Firms, and Lobbyist Employers. The Secretary of State shall
update the directory weekly.
(b) The Secretary of State shall also display on the Internet a
list of the specific changes made to the Directory of Lobbyist,
Lobbying Firms, and Lobbying Employers, including new registrations
and listings, additions, deletions, and other revisions, during the
seven days preceding the update required by subdivision (a).
(c) This section may not be implemented until July 1, 2001, unless
otherwise authorized by the Department of Information Technology
pursuant to Executive Order D-3-99.
(d) Notwithstanding any other provision of this title, the
lobbying data made available on the Internet shall include the street
name and building number of the persons or entity representatives
listed on all the documents submitted to the Secretary of State
pursuant to Chapter 6 (commencing with Section 86100).
Lobbyists, lobbying firms, and lobbyist employers which
receive payments, make payments or incur expenses or expect to
receive payments, make payments or incur expenses in connection with
activities which are reportable pursuant to this chapter shall keep
detailed accounts, records, bills, and receipts as shall be required
by regulations adopted by the commission to expedite the performance
of all obligations imposed by this chapter.
(a) "Activity expense" as used in this chapter means any
expense incurred or payment made by a lobbyist, lobbying firm,
lobbyist employer or a person described in subdivision (b) of Section
86115, or arranged by a lobbyist or lobbying firm, which benefits in
whole or in part any elective state official, legislative official,
agency official, state candidate, or a member of the immediate family
of one of these individuals. Activity expenses include gifts,
honoraria, consulting fees, salaries, and any other form of
compensation but do not include campaign contributions.
(b) "Agency official" as used in this chapter means any official
of a state agency whose administrative actions the lobbyist, lobbying
firm, lobbyist employer, or person described in subdivision (b) of
Section 86115 has attempted or is attempting to influence.
When a person is required to report activity expenses
pursuant to this article, the following information shall be
provided:
(a) The date and amount of each activity expense.
(b) The full name and official position, if any, of the
beneficiary of each expense, a description of the benefit, and the
amount of benefit.
(c) The full name of the payee of each expense if other than the
beneficiary.
(d) Any other information required by the commission consistent
with the purposes and provisions of this chapter.
(a) Each person filing a report pursuant to this article
who sends any written or printed invitation to an elected state
officer, candidate for elective state office, legislative official or
agency official, shall include on the invitation or on a letter
attached to the invitation the following typed, printed, or
handwritten statement that is at least as large and readable as
8-point Roman boldface type, in a color or print that contrasts with
the background so as to be easily legible:
Attendance at this event by a public official will constitute
acceptance of a reportable gift.
(b) The notice specified in subdivision (a) shall not be required
to appear on any invitation wherein attendance at the event described
in the invitation will not constitute acceptance of a reportable
gift by an elected state officer, candidate for elective state
office, legislative official or agency official, pursuant to
paragraph (1) of subdivision (a) of Section 87207.
(c) The remedies provided in Chapter 3 (commencing with Section
83100) constitute the exclusive penalty for a violation of this
section. The remedies provided in Chapter 11 (commencing with Section
91000) do not apply to this section.
(a) Each person filing a report pursuant to this article
shall provide each beneficiary of a gift listed within the report the
following information:
(1) The date and amount of each gift reportable by the
beneficiary.
(2) A description of the goods or services provided to the
beneficiary.
(b) The information required to be disclosed pursuant to
subdivision (a) shall be provided to the beneficiary within 30 days
following the end of each calendar quarter in which the gift was
provided. For the purposes of meeting the disclosure requirements of
this section, a lobbyist firm or lobbyist employer may provide the
beneficiary a copy of the activity expense section of the report
submitted to the Secretary of State pursuant to this article.
(c) The remedies provided in Chapter 3 (commencing with Section
83100) constitute the exclusive penalty for a violation of this
section. The remedies provided in Chapter 11 (commencing with Section
91000) do not apply to this section.
(a) A lobbyist shall complete and verify a periodic report
which contains:
(1) A report of all activity expenses by the lobbyist during the
reporting period; and
(2) A report of all contributions of one hundred dollars ($100) or
more made or delivered by the lobbyist to any elected state officer
or state candidate during the reporting period.
(b) A lobbyist shall provide the original of his or her periodic
report to his or her lobbyist employer or lobbying firm within two
weeks following the end of each calendar quarter.
(a) Lobbying firms shall file periodic reports containing
all of the following:
(1) The full name, address, and telephone number of the lobbying
firm.
(2) The full name, business address, and telephone number of each
person who contracted with the lobbying firm for lobbying services, a
description of the specific lobbying interests of the person, and
the total payments, including fees and the reimbursement of expenses,
received from the person for lobbying services during the reporting
period.
(3) The total amount of payments received for lobbying services
during the period.
(4) A periodic report completed and verified by each lobbyist in
the lobbying firm pursuant to Section 86113.
(5) Each activity expense incurred by the lobbying firm including
those reimbursed by a person who contracts with the lobbying firm for
lobbying services. A total of all activity expenses of the lobbying
firm and all of its lobbyists shall be included.
(6) If the lobbying firm subcontracts with another lobbying firm
for lobbying services:
(A) The full name, address, and telephone number of the
subcontractor.
(B) The name of the person for whom the subcontractor was retained
to lobby.
(C) The total amount of all payments made to the subcontractor.
(7) The date, amount, and the name of the recipient of any
contribution of one hundred dollars ($100) or more made by the filer
to an elected state officer, a state candidate, a committee
controlled by an elected state officer or state candidate, or a
committee primarily formed to support such officers or candidates. If
this contribution is reported by the lobbying firm or by a committee
sponsored by the lobbying firm in a campaign statement filed
pursuant to Chapter 4 which is required to be filed with the
Secretary of State, the filer may report only the name of the
committee and the identification number of the committee.
(8) Any other information required by the commission consistent
with the purposes and provisions of this chapter.
(b) In addition to the information required by subdivision (a),
lobbying firms which qualify pursuant to paragraph (2) of subdivision
(a) of Section 82038.5 shall also report the name and title of each
partner, owner, officer, and employee of the lobbying firm who, on at
least five separate occasions during the reporting period, engaged
in direct communication with any elective state official, legislative
official, or agency official, for the purpose of influencing
legislative or administrative action on behalf of a person who
contracts with the lobbying firm for lobbying services. This does not
include individuals whose actions were purely clerical.
Subject to the exceptions in Section 86300, the following
persons shall file the statements required by Section 86116:
(a) Any lobbyist employer; and
(b) Any person who directly or indirectly makes payments to
influence legislative or administrative action of five thousand
dollars ($5,000) or more in value in any calendar quarter, unless all
of the payments are of the type described in subdivision (c) of
Section 82045.
Every person described in Section 86115 shall file periodic
reports containing the following information:
(a) The name, business address, and telephone number of the
lobbyist employer or other person filing the report.
(b) The total amount of payments to each lobbying firm.
(c) The total amount of all payments to lobbyists employed by the
filer.
(d) A description of the specific lobbying interests of the filer.
(e) A periodic report completed and verified by each lobbyist
employed by a lobbyist employer pursuant to Section 86113.
(f) Each activity expense of the filer. A total of all activity
expenses of the filer shall be included.
(g) The date, amount, and the name of the recipient of any
contribution of one hundred dollars ($100) or more made by the filer
to an elected state officer, a state candidate, or a committee
controlled by an elected state officer or state candidate, or a
committee primarily formed to support the officer or candidate. If
this contribution is reported by the filer or by a committee
sponsored by the filer in a campaign statement filed pursuant to
Chapter 4 which is required to be filed with the Secretary of State,
the filer may report only the name of the committee, and the
identification number of the committee.
(h) (1) Except as set forth in paragraph (2), the total of all
other payments to influence legislative or administrative action
including overhead expenses and all payments to employees who spend
10 percent or more of their compensated time in any one month in
activities related to influencing legislative or administrative
action.
(2) A filer that makes payments to influence a ratemaking or
quasi-legislative proceeding before the Public Utilities Commission,
as defined in subdivision (b) or (c), respectively, of Section 82002,
may, in lieu of reporting those payments pursuant to paragraph (1),
report only the portion of those payments made to or for the filer's
attorneys for time spent appearing as counsel and preparing to appear
as counsel, or to or for the filer's witnesses for time spent
testifying and preparing to testify, in this type of Public Utilities
Commission proceeding. This alternative reporting of these payments
made during a calendar month is not required to include payments made
to an attorney or witness who is an employee of the filer if less
than 10 percent of his or her compensated time in that month was
spent in appearing, testifying, or preparing to appear or testify
before the Public Utilities Commission in a ratemaking or
quasi-legislative proceeding. For the purposes of this paragraph,
time spent preparing to appear or preparing to testify does not
include time spent preparing written testimony.
(i) Any other information required by the commission consistent
with the purposes and provisions of this chapter.
(a) In addition to the information required pursuant to
Section 86116, all state and local agencies that file reports
pursuant to Sections 86115 and 86116 shall disclose, except for
overhead expenses, all payments of two hundred fifty dollars ($250)
or more made in a reporting period, including, but not limited to,
all of the following:
(1) Goods and services used by a lobbyist or used to support or
assist a lobbyist in connection with his or her activities as a
lobbyist.
(2) Payments of any other expenses which would not have been
incurred but for the filer's activities to influence or attempt to
influence legislative or administrative action.
(3) Dues or similar payments made to any organization, including a
federation, confederation, or trade, labor, or membership
organization, that makes expenditures equal to 10 percent of its
total expenditures, or fifteen thousand dollars ($15,000), or more,
during any calendar quarter, to influence legislative or
administrative action.
(b) Reports required pursuant to this section may be disclosed on
a separate schedule and shall include all of the following
information:
(1) The name and the address of the payee.
(2) The total payments made during the reporting period.
(3) The cumulative amount paid during the calendar year.
(c) All statements required by this section shall be filed as
specified by Sections 86117 and 86118.
(a) Reports required by Sections 86114 and 86116 shall be
filed during the month following each calendar quarter. The period
covered shall be from the first day of January of each new biennial
legislative session through the last day of the calendar quarter
prior to the month during which the report is filed, except as
specified in subdivision (b), and except that the period covered
shall not include any information reported in previous reports filed
by the same person. When total amounts are required to be reported,
totals shall be stated both for the period covered by the statement
and for the entire legislative session to date.
(b) The period covered by the first report a person is required to
file pursuant to Sections 86114 and 86116 shall begin with the first
day of the calendar quarter in which the filer first registered or
qualified. On the first report a person is required to file, the
total amount shall be stated for the entire calendar quarter covered
by the first report.
The original and one copy of each report required by
Sections 86114 and 86116 shall be filed with the Secretary of State,
unless filing in paper format is no longer required by Sections 84605
and 84606.