California Code of Regulations
Title 2 - Administration
Division 6 - Fair Political Practices Commission
Chapter 6 - Lobbyists
Section 18600 - Duties and Prohibitions of Lobbyists, Lobbying Firms, and Lobbyist Employers (86100-86300)
When any duty or prohibition is imposed upon a lobbyist, lobbying firm or a lobbyist employer by Chapter 6 of the Political Reform Act, that duty or prohibition shall begin as of the day the lobbyist, lobbying firm or lobbyist employer contracts or is employed to influence or attempts to influence the action of any agency which will or should be but has not heretofore been listed on the registration statement of the lobbying firm or the lobbyist employer of the lobbyist.
1. Chapter 6,
Sections 18600,
18618 and
18650, filed as an emergency
6-30-75, operative 6-30-75; Certificate of Compliance included; Register 75,
No. 27.
2. Amendment of subsections (a)-(c) filed as an emergency
5-28-86, making the following changes:
Subsection (a): deleted
designation "(a)," "employer of a" after "upon a lobbyist", and "extend to all
state candidates, committees supporting state candidates, elective state
officials, legislative officials (and to the related individuals or entities
specified in the Act) and to such agency officials (and related individuals or
entities) of those agencies which are, or should be listed on the lobbyist's
registration statement under Government Code Section
86101(c)
or
86103.
These duties and prohibitions" after "prohibition shall," "a" after "of the
day," and "his" after "registration statement"; added "lobbying firm" after
"upon a lobbyist," "employer" before "by Chapter 6," "the" after "as of the
day," "lobbying firm or lobbyist employer" before "contracts" and "of the
lobbying firm or the lobbyist employer of the lobbyist" after "registration
statement";
Subsection (b): deleted "(b) When any duty or
prohibition is imposed by Chapter 6 of the Political Reform Act upon a person
described in Government Code Section
86108(b)
that duty or prohibition shall extend to all state candidates, elective state
officials, legislative officials (and to the related individuals or entities
specified in the Act) and to such agency officials (and related individuals or
entities) of those agencies whose administrative actions the person described
in 86108(b) has attempted or is attempting to
influence.";
Subsection (c): deleted "(c) This regulation does not
apply to the duties and prohibitions imposed by Government Code Section
86205.
COMMENT:
Lobbyists, employers of lobbyists and others who spend substantial amounts to
influence legislative or administrative action are required to disclose certain
dealings and transactions with state candidates, elected state officers,
legislative officials, and agency officials, and with other individuals and
entities by reason of relationships with any of the foregoing. Lobbyists are
prohibited from making certain gifts and any campaign contributions to such
persons. Few if any lobbyists attempt to influence administrative actions of
all state agencies, and few if any persons make expenditures to influence
administrative action of all state agencies. The purpose of the prohibitions
and disclosure requirements as applied to agency officials is to assure that no
undue economic influences will be brought to bear on such officials when they
undertake administrative actions. This purpose would not be furthered if the
prohibitions and disclosure requirements were interpreted as being applicable
to all agency officials, without regard to whether the lobbyist or the filer
had attempted to influence administrative actions of the official's
agency.
To require disclosure regarding all agency officials without
regard to whether the filer has attempted to influence administrative actions
of the agency would tend to defeat the purpose of disclosure because the
relevant data would be lost within a massive quantity of irrelevant data. These
regulations carry out the purpose of the Act by limiting the disclosure
requirements and prohibitions to officials of agencies the administrative
actions of which the lobbyist or filer has attempted to
influence.
Similar limitations cannot, however, be extended to the
duties and prohibitions of the Act with respect to state candidates, committees
supporting state candidates, elected state officers and legislative officials.
To the contrary, the duties and prohibitions imposed upon lobbyists, employers
of lobbyists, and persons described in Section
86108(b) with
respect to such political persons must be applicable in all cases if the
purposes of the Act are to be accomplished.
The influence of
legislative officials and elected state officers extends throughout state
government, there being no precise limits of their jurisdiction. Administrative
agency officials know that members of the Legislature and the constitutional
officers chosen directly by the people play a role in (1) defining the agency's
powers; (2) adopting legislation bearing on the work of the agency; (3)
determining the budget of the agency; (4) making or confirming appointments to
the agency; and (5) considering future appointments to other governmental posts
for the incumbent agency officials. In addition to these factors is the
prestige of these elected officials which may give their communications with
and urgings upon administrative agency officials special weight. Because of
this extensive influence, the purposes of the Political Reform Act necessitate
that the disclosure requirements and the prohibitions on gifts and
contributions be applicable to all elected state officers and candidates for
such offices and to all legislative officials, even in the case of a lobbyist
who confines his activities to one or more administrative
agencies.";
Certificate of Compliance must be transmitted no later
than 9-25-86, or emergency language will be repealed by operation of law (Gov.
C. §
11346.1(g));
(Register 86, No. 22).
3. Certificate of Compliance filed 9-15-86
(Register 86, No. 38).
Note: Authority cited: Section 83112, Government Code. Reference: Sections 86100- 86203, Government Code.