Cal. PUC § 130051.18 — California Code / Code puc / Division 12 / Chapter 2 / Section 130051.18
Section 130051.18
Status: in_force

(a) This section, in addition to rules or codes adopted by the board of the Los Angeles County Metropolitan Transportation Authority, shall regulate lobbying of the authority.

(b) For purposes of this section, the following definitions apply:

(1) “Activity expense” means any payment, including any gift, made to, or directly benefiting, any authority official or member of their immediate family, made by a lobbyist, lobbying firm, or lobbyist employer.

(2) “Administrative testimony” means influencing or attempting to influence authority action undertaken by any person or entity who does not seek to enter into a contract or other arrangement with the authority by acting as counsel in, appearing as a witness in, or providing written submissions, including answers to inquiries, which become a part of the record of, any proceeding of the authority that is conducted as an open public hearing for which public notice is given.

(3) “Authority” means the Los Angeles County Metropolitan Transportation Authority and all of its organizational units.

(4) “Authority action” means the drafting, introduction, consideration, modification, enactment, or defeat of an ordinance, resolution, contract, or report by the governing board of an organizational unit of the authority, or by an authority official, including any action taken, or required to be taken, by a vote of the members of the authority or by the members of the governing board of an organizational unit of the authority, except those actions relating to Article 10 (commencing with Section 30750) of Chapter 5 of Part 3 of Division 10.

(5) “Authority official” means any member of the authority, member of an organizational unit of the authority, or employee of the authority.

(6) (A) “Contact” means any communication, oral or written, including communication made through an agent, associate, or employee, for the purpose of influencing authority action, except as provided in subparagraph (B).

(B) The following activities are not “contacts” for purposes of this section:

(i) Attending or participating in a prebid or preproposal conference.

(ii) Submitting a response to a solicitation issued by the authority or authority official.

(iii) Participating in an interview regarding a solicitation at the request of the authority or authority official.

(iv) Responding to a request for information from the authority or authority official regarding a solicitation or existing contract.

(v) A representative of a news media organization gathering news and information or disseminating the same to the public, even if the organization, in the ordinary course of business, publishes news items, editorials or other commentary, or paid advertisements, that urge action upon authority matters.

(vi) Providing oral or written testimony that becomes part of the record of a public hearing. A person providing testimony pursuant to this clause who has already qualified as a lobbyist under this section and is testifying on behalf of a client shall identify the client on whose behalf the lobbyist is testifying.

(vii) A communication from an elected public official acting in their official capacity.

(7) (A) “Contribution” means a payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment, except to the extent that full and adequate consideration is received, unless it is clear from the surrounding circumstances that it is not made for political purposes.

(B) For purposes of this section, “contribution” also includes all of the following:

(i) An expenditure made at the behest of a candidate, committee, or elected officer is a contribution to the candidate, committee, or elected officer unless full and adequate consideration is received for making the expenditure.

(ii) The purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events.

(iii) The candidate’s own money or property used on behalf of their candidacy.

(iv) The granting of discounts or rebates not extended to the public generally or the granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office.

(v) The payment of compensation by any person for the personal services or expenses of any other person if those services are rendered or expenses are incurred on behalf of a candidate or committee without payment of full and adequate consideration.

(vi) Any transfer of anything of value received by a committee from another committee, unless full and adequate consideration is received.

(C) For purposes of this section, “contribution” does not include any of the following:

(i) Amounts received pursuant to an enforceable promise to the extent that those amounts have been previously reported as a contribution. However, the fact that those amounts have been received shall be indicated in the appropriate campaign statement.

(ii) A payment made by an occupant of a home or office for costs related to any meeting or fundraising event held in the occupant’s home or office if the costs for the meeting or fundraising event are five hundred dollars ($500) or less.

(iii) Volunteer personal services or payments made by any individual for the individual’s own travel expenses if those payments are made voluntarily without any understanding or agreement that they shall be, directly or indirectly, repaid to the individual.

(8) “Employee of the authority” has the same meaning as defined in the authority’s administrative code.

(9) “Ethics officer” means the ethics officer appointed pursuant to Section 130610.

(10) “Filing officer” means the individual designated by the authority with whom statements and reports required by this section shall be filed.

(11) “Lobbying” means influencing or attempting to influence authority action through direct or indirect contact, other than administrative testimony, with an authority official, as described in paragraph (14).

(12) “Lobbying activity” includes any of the following conduct when that conduct is related to a contact to influence any authority action:

(A) Engaging in, either personally or through an agent, written or oral communication with an authority official.

(B) Providing advice or recommending strategy to a person or other entity that may have business in front of the authority.

(C) Research, investigation, and information gathering.

(D) Seeking to influence the position of a third party on issues related to authority action by any means, including, but not limited to, engaging in community, public, or press relations activities.

(E) Attending or monitoring authority meetings or other events.

(13) (A) “Lobbying firm” means any business entity, including an individual lobbyist, that meets either of the following criteria:

(i) The business entity receives or becomes entitled to receive any compensation, other than reimbursement for reasonable travel expenses, for the purpose of influencing authority action on behalf of any other person, if any partner, owner, officer, or employee of the business entity is a lobbyist.

(ii) The business entity receives or becomes entitled to receive any compensation, other than reimbursement for reasonable travel expenses, to communicate directly with any agency official for the purpose of influencing authority action on behalf of any other person, if a substantial or regular portion of the activities for which the business entity receives compensation is for the purpose of influencing authority action.

(B) A business entity shall not be considered a lobbying firm by reason of engaging in activities described in subparagraph (B) of paragraph (6).

(14) “Lobbyist” means any individual who receives compensation, other than reimbursement for reasonable travel expenses, and who meets both of the following criteria in a consecutive three-month period:

(A) The individual has at least one contact with an authority official or employee in an attempt to influence authority action.

(B) The individual is compensated to engage in at least 15 hours of lobbying activity in connection with attempts to influence authority action.

(15) “Lobbyist employer” means any person, other than a lobbying firm, who does either of the following:

(A) Employs one or more lobbyists for the purpose of influencing authority action.

(B) Contracts for the services of a lobbying firm for economic consideration for the purpose of influencing authority action.

(c) (1) (A) Lobbyists, lobbying firms, and lobbyist employers shall register with the filing officer within 10 calendar days after qualifying as a lobbyist, lobbying firm, or lobbyist employer. No additional lobbying contacts shall occur before registration. Registration shall include the filing of a registration statement and the payment of any fee required pursuant to paragraph (2). Registration shall be renewed annually by the filing of a new registration statement and the payment of a fee, if applicable, on or before January 31 of the year of renewal.

(B) After registration, each lobbyist, lobbying firm, or lobbyist employer shall retain that status through December 31 of that year unless that status is terminated as set forth in paragraph (6).

(2) Each lobbyist, lobbying firm, and lobbyist employer required to register under this section may be charged a fee by the authority in an amount determined by the ethics officer.

(3) The lobbyist registration statement shall include all of the following:

(A) The name, address, telephone number, and email address of the lobbyist.

(B) For each person or entity from whom the lobbyist receives compensation to provide lobbying services, all of the following:

(i) The full name, business address, and telephone number of the person or entity.

(ii) The lobbying interests of the lobbyist, including identification of specific contracts or authority actions. A description of the types of contracts or authority action is permissible only if a specific contract or authority action cannot be identified.

(C) A statement signed by the lobbyist certifying that the lobbyist has read and understands the prohibitions contained in subdivisions (g) and (h).

(D) Any other information required by the ethics officer consistent with the purposes and provisions of this section.

(4) The registration statement of a lobbying firm shall include all of the following:

(A) The full name, business address, telephone number, and email address of the lobbying firm.

(B) The full name of each lobbyist who is a partner, owner, officer, or employee of the lobbying firm.

(C) For each person or entity from which the firm received or became entitled to receive compensation for engaging in lobbying activities and with whom the lobbying firm contracts to provide lobbying services, all of the following:

(i) The full name, business address, telephone number, and email address of the person or entity.

(ii) The time period of the contract during which the lobbying activities for which the firm received or became entitled to receive compensation will occur.

(iii) The lobbying interests of the lobbying firm, including identification of specific contracts or authority actions. A description of the types of contracts or authority action is permissible only if a specific contract or authority action cannot be identified.

(D) A statement signed by the designated responsible person that the person has read and understands the prohibitions contained in subdivisions (g) and (h).

(E) Any other information required by the ethics officer consistent with the purposes and provisions of this section.

(5) The registration statement of a lobbyist employer shall include all of the following:

(A) The full name, business address, telephone number, and email address of the lobbyist employer.

(B) A list of the lobbyists who are employed by the lobbyist employer.

(C) The lobbying interests of the lobbyist employer, including identification of specific contracts or authority actions. A description of the types of contracts or authority action is permissible only if a specific contract or authority action cannot be identified.

(D) A statement signed by the designated responsible person that the person has read and understands the prohibitions contained in subdivisions (g) and (h).

(E) Any other information required by the ethics officer consistent with the purposes and provisions of this section.

(6) (A) Lobbyists, lobbyist employers, and lobbying firms shall file amendments to their registration statements within 10 days of any change in information required to be included in the registration statement.

(B) (i) Lobbying firms and lobbyist employers upon ceasing all lobbying activity that required registration shall file a notice of termination within 30 days after the cessation.

(ii) Failure to complete annual renewal by March 1 shall constitute a termination of a lobbyist, lobbyist employer, or lobbying firm’s registration.

(iii) The ethics officer may establish additional processes for terminating the registration of a lobbyist, lobbyist employer, or lobbying firm.

(d) Lobbyists, lobbying firms, and lobbyist employers that receive payments, make payments, or incur expenses, or expect to receive payments, make payments, or incur expenses, in connection with activities that are reportable pursuant to this section shall keep detailed accounts, records, bills, and receipts for four years, and shall make them reasonably available for inspection for the purposes of auditing for compliance with, or enforcement of, this section.

(e) When a person is required to report activity expenses pursuant to this section, all of the following information shall be provided:

(1) The date and amount of each activity expense.

(2) The full name and official position, if any, of the beneficiary of each expense, a description of the benefit, and the amount of the benefit.

(3) The full name of the payee of each expense if other than the beneficiary.

(f) (1) A lobbying firm shall file a periodic report containing all of the following:

(A) The full name, address, telephone number, and email address of the lobbying firm.

(B) The full name, business address, and telephone number of each person or entity from which the firm received or became entitled to receive compensation for engaging in lobbying activities and who contracted with the lobbying firm for lobbying services.

(C) A description of each contract or authority action that the lobbying firm attempted to influence during the reporting period, including identification of specific contracts or authority actions. A description of the types of contracts or authority action is permissible only if a specific contract or authority action cannot be identified.

(D) The total payments, including fees and the reimbursement of expenses, received or expected from the person or entity for lobbying services during the reporting period.

(E) A copy of the periodic report completed and verified by each lobbyist in the lobbying firm pursuant to paragraph (2).

(F) Each activity expense incurred by the lobbying firm, including those reimbursed by a person who contracts with the lobbying firm for lobbying services.

(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 authority official.

(H) Any other information required by the ethics officer consistent with the purposes and provisions of this section.

(2) A lobbyist shall complete and verify a periodic report, and file the report with the filing officer, and a copy of the report with their lobbying firm or lobbyist employer. The periodic report shall contain all of the following:

(A) The name, address, telephone number, and email address of the lobbyist.

(B) The full name, business address, and telephone number of the lobbying firm or lobbyist employer from whom the lobbyist receives compensation to provide lobbying services.

(C) A description of each contract or authority action that the lobbyist attempted to influence during the reporting period, including identification of specific contracts or authority actions. A description of the types of contracts or authority action is permissible only if a specific contract or authority cannot be identified.

(D) A report of all activity expenses by the lobbyist during the reporting period.

(E) A report of all contributions of one hundred dollars ($100) or more made or delivered by the lobbyist to any authority official during the reporting period.

(F) Any other information required by the ethics officer consistent with the purposes and provisions of this section.

(3) A lobbyist employer shall file a periodic report containing all of the following:

(A) The name, business address, telephone number, and email address of the lobbyist employer.

(B) The total amount of payments to each lobbying firm. Those payments shall include solely payments for compensation and reimbursement of expenses relating to the lobbying firm’s attempts to influence authority action.

(C) The total amount of all payments to lobbyists employed by the filer. The lobbyist employer shall only be required to disclose whether the total salary payments made to the individual during the reporting period was less than or equal to two hundred fifty dollars ($250), greater than two hundred fifty dollars ($250) but less than or equal to one thousand dollars ($1,000), greater than one thousand dollars ($1,000) but less than or equal to ten thousand dollars ($10,000), or greater than ten thousand dollars ($10,000).

(D) A description of each contract or authority action that the filer attempted to influence during the reporting period, including identification of specific contracts or authority actions. A description of the types of contracts or authority action is permissible only if a specific contract or authority action cannot be identified.

(E) Each activity expense of the filer and a total of all activity expenses of the filer.

(F) 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 authority official.

(G) The total of all other payments to influence authority action.

(H) Any other information required by the ethics officer consistent with the purposes and provisions of this section.

(4) The periodic reports shall be filed by the last day of the month following the end of each calendar quarter. The period covered shall be from the beginning of the calendar year through the last day of the calendar quarter before the period during which the report is filed, except that the period covered by the first report a person is required to file shall begin with the first day of the calendar quarter in which the filer first registered or qualified.

(g) (1) It is unlawful for a lobbyist, a lobbying firm, or a lobbyist employer to make a gift to an authority official aggregating more than ten dollars ($10) in a calendar month, to act as an agent or intermediary in the making of any gift, or to arrange for the making of any gift by any other person.

(2) It is unlawful for any authority official knowingly to receive any gift that is made unlawful by this section. For the purposes of this subdivision, “gift” has the same meaning as defined in Section 82028 of the Government Code.

(h) A lobbyist, lobbying firm, or lobbyist employer shall not do any of the following:

(1) Do anything with the purpose of placing an authority official under personal obligation to the lobbyist, the lobbying firm, or the employer of the lobbyist or lobbying firm.

(2) Deceive or attempt to deceive any authority official with regard to any material fact pertinent to any authority action.

(3) Cause or influence any authority action for the purpose of thereafter being employed to secure its passage or defeat.

(4) Attempt to create a fictitious appearance of public favor or disfavor of any authority action, or cause any communications to be sent to any authority official in the name of any fictitious person or in the name of any real person, except with the consent of that real person.

(5) Represent falsely, either directly or indirectly, that the lobbyist, lobbying firm, or lobbyist employer can control any authority official.

(6) Accept or agree to accept any payment that is contingent upon the outcome of any authority action.

(i) Any person who knowingly or willfully violates any provision of this section is guilty of a misdemeanor.

(j) (1) The ethics officer may conduct audits of reports and statements filed pursuant to this section. Those audits may be conducted on a random basis or when the ethics officer has reason to believe that a filer has not complied with this section.

(2) In addition to any other penalty or remedy available, the ethics officer may impose a late fee on any person or entity that does not file a report or statement required by this section before a deadline imposed by this section. The late fee shall be in the amount of ten dollars ($10) per day until the statement or report is filed, up to a maximum amount of three hundred dollars ($300). The ethics officer may choose not to impose the late fee if the ethics officer determines that the late filing was not willful and that enforcement of the late fee would not further the purposes of this section.

(k) The ethics officer may issue guidance and advice as necessary to implement this section.

(l) The District Attorney of the County of Los Angeles is responsible for prosecuting violations of this section.

(m) Any person who violates any provision of this section is liable in a civil action brought by the civil prosecutor or by a person residing within the jurisdiction of the authority for an amount up to five hundred dollars ($500), or three times the amount of an unlawful gift or expenditure, whichever amount is greater.

(n) The authority shall reject any bid or other proposal to enter into a contract with the authority by any person or entity that has not complied with the registration and reporting requirements of this section.

(o) This section does not apply to any of the following:

(1) An elected public official who is acting in their official capacity to influence authority action.

(2) Any newspaper or other periodical of general circulation, book publisher, radio or television station that, in the ordinary course of business, publishes or broadcasts news items, editorials, or other documents, or paid advertisement, that directly or indirectly urges authority action, if the newspaper, periodical, book publisher, radio or television station engages in no further or other activities in connection with urging authority action other than to appear before the authority in support of, or in opposition to, the authority action.

(p) A former authority official shall not become a lobbyist for a period of one year after leaving the authority.