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)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.