Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Reporting Payments Received. The periodic
reports filed by a lobbying firm shall show all payments received in connection
with lobbying activity during the period. To the extent that payments received
by a lobbying firm are only partially in connection with lobbying activities,
the lobbying firm shall report only that portion which was received for
lobbying activities. When reporting payments received, the lobbying firm shall
disclose:
(1) The full name, address and
telephone number of the person or entity making the payment;
(2) If the payment was made on behalf of
another person, the full name, address and telephone number of the person on
whose behalf the payment was made;
(3) The date the payment was
received;
(4) The amount of the
payment;
(5) If the payment was
received after the calendar quarter in which services were provided, the
calendar quarter in which the services were provided.
(b) Reporting Payments Made.
(1) Reporting Activity Expenses. The periodic
report filed by a lobbying firm shall disclose all activity expenses made or
incurred during the period, regardless of whether they are paid during the
period. An activity expense previously reported as incurred but not paid need
not be reported again when actual payment is made. When reporting activity
expenses, the lobbying firm shall disclose the full name of the payee, the date
and total amount of the expense, the total number of beneficiaries, the amount
attributable to each elective state official, legislative official, state
candidate or member of their immediate family who is a beneficiary of the
expense, together with a description of the benefit and each official's full
name, title and agency.
(2)
Reporting Contributions.
(A) Except as
provided in subsection (B), all lobbying firms shall disclose all monetary and
non-monetary contributions totaling $100 or more made by the firm to state
candidates, elected state officers, and committees supporting such candidates
or officers. For each reportable contribution, the firm shall disclose the date
the contribution was made, the candidate, officer or committee receiving the
contribution, and the amount of the contribution.
(B) Notwithstanding subparagraph (A), if a
lobbying firm has made contributions totaling $100 or more to an elected state
officer, state candidate, or a committee supporting such an officer or
candidate and the firm or a committee sponsored by the firm has previously
reported those contributions in a campaign statement pursuant to Chapter 4 of
the Political Reform Act which has been filed with the Secretary of State, the
firm may disclose only the name and identification number of its committee on
its periodic report in lieu of the information required by subparagraph (A)
with respect to those contributions.
(c) Reporting Specific Lobbying Interests of
Persons Who Contract with the Lobbying Firm for Lobbying Services.
(1) For each client, the lobbying firm shall
report each bill or administrative action with regard to which a partner,
owner, officer or employee of the lobbying firm either engaged in direct
communication, or was directed by that client to engage in direct
communication, with a qualified official on behalf of that client for the
purpose of influencing legislative or administrative action during the
reporting period, either by reference to its legislative or administrative
identification number or by brief textual description.
(2) A lobbying firm shall not report bills or
administrative actions which have "died" prior to the reporting period, shall
not report bills or administrative actions which the lobbying firm is only
"watching" or "monitoring" and shall not report bills or administrative actions
which the lobbying firm has not attempted to influence during the reporting
period.
(3) The definitions
contained in Regulation 18239 of the terms "direct communication," "qualifying
official" and "influence legislative or administrative action" shall apply to
this subsection.
1. New section
filed 5-28-86 as an emergency; operative 5-28-86. A Certificate of Compliance
must be transmitted to OAL within 120 days or emergency language will be
repealed on 9-25-86 (Register 86, No. 22).
2. Certificate of
Compliance filed 9-15-86 (Register 86, No. 38).
3. Amendment of
subsections (b)(2)(A), (b)(2)(B) and (c)(3) filed 10-21-88; operative 11-20-88
(Register 88, No. 46).
4. Amendment of subsection (c)(3) filed
10-23-96; operative 10-23-96 pursuant to Government Code section
11343.4(d)
(Register 96, No. 43).
5. New subsection (a)(2) and subsection
renumbering filed 5-26-98; operative 5-26-98. Submitted to OAL for printing
only pursuant to Fair Political Practices Commission v. Office of
Administrative Law, Linda Stockdale Brewer, Sacramento Superior Court, Case No.
51275 (1991) (Register 98, No. 22).
6. Amendment of subsections
(b)(2)(A), (b)(2)(B) and (c)(3) filed 6-7-2021; operative upon the Secretary of
State certifying an online filing and disclosure system under Government Code
section
84602(b)(7)
(Register 2021, No. 24).
7. Editorial correction of HISTORY 6
(Register 2021, No. 26).
8. Amendment of subsections (b)(2)(A)-(B)
filed 11-10-2021; operative 12-10-2021 pursuant to Cal. Code Regs., tit. 2,
section 18312(e).
Submitted to OAL for filing pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal,
Third Appellate District, nonpublished decision, April 27, 1992 (FPPC
regulations only subject to 1974 Administrative Procedure Act rulemaking
requirements and not subject to procedural or substantive review by OAL)
(Register 2021, No. 46).
Note: Authority cited: Section
83112,
Government Code. Reference: Section
86114,
Government Code.
