Bill Text: CA AB71 | 2011-2012 | Regular Session | Amended
Bill Title: Political Reform Act of 1974: lobbyists.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Engrossed - Dead) 2011-08-15 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB71 Detail]
Download: California-2011-AB71-Amended.html
BILL NUMBER: AB 71 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 23, 2011
INTRODUCED BY Assembly Member Huber
DECEMBER 20, 2010
An act to amend Sections 86109.5 and 86116 of, and to add Section
86119 to, the Government Code, relating to the Political Reform Act
of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 71, as amended, Huber. Political Reform Act of 1974: lobbyists.
Existing law, the Political Reform Act of 1974, requires the
Secretary of State to establish and maintain on the Internet an
updated Directory of Lobbyists, Lobbying Firms, and Lobbyist
Employers. The act further requires lobbyist employers and persons
making certain payments to influence legislative or administrative
actions to file periodic reports disclosing, among other information,
their lobbying interests.
This bill would require that the online directory maintained by
the Secretary of State also contain information regarding lobbying
interests. The bill would require that the periodic reports filed by
lobbyist employers and other persons contain, in addition to their
lobbying interests, the bill numbers of any legislation lobbied
for or against during the reporting period. The
bill would also require the Secretary of State to display on his or
her Internet Web site, within 90 days of the end of each calendar
quarter, a list of the lobbying interests containing a specific
reference to a bill number, accompanied by a list of all lobbyist
employers who reported each of those lobbying interests, reported for
the prior calendar quarter.
Existing law makes a knowing or willful violation of the Political
Reform Act of 1974 a misdemeanor and subjects offenders to 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 86109.5 of the Government Code is amended to
read:
86109.5. (a) The Secretary of State shall establish and maintain
on the Internet an online version of the Directory of Lobbyists,
Lobbying Firms, Lobbyist Employers, and Lobbying Interests. 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 Lobbyists,
Lobbying Firms, Lobbyist Employers, and Lobbying Interests, including
new registrations and listings, additions, deletions, and other
revisions, during the seven days preceding the update required by
subdivision (a).
(c) 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 this chapter.
SEC. 2. Section 86116 of the Government Code is amended to read:
86116. 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,
including the bill number or numbers of the legislation
lobbied for or against during the reporting
period, if applicable.
(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 (commencing with Section 84100) that 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.
SEC. 3. Section 86119 is added to the Government Code, to read:
86119. Not later than 90 days following the end of each calendar
quarter, the Secretary of State shall display on his or her Internet
Web site a list of the lobbying interests containing a specific
reference to a bill number that were reported pursuant to Section
86116, accompanied by a list of all lobbyist employers who reported
each of those lobbying interests for the prior calendar quarter.
SEC. 4. 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. 5. 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.
