BILL NUMBER: SB 31AMENDED BILL TEXT AMENDED IN SENATE MARCH 23, 2011 INTRODUCED BY Senator Correa DECEMBER 6, 2010An 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:noyes . State-mandated local program:noyes . 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.