Article 1 - Registration and Reporting

California Government Code — §§ 86100-86119

Sections (16)

Amended by Stats. 2022, Ch. 328, Sec. 3. (AB 2172) Effective January 1, 2023.

(a)The following persons shall register with the Secretary of State:

(1)Lobbying firms.

(2)Lobbyist employers under subdivision (a) of Section 82039.5 who employ one or more in-house lobbyists.

(3)Lobbying coalitions who employ at least one in-house lobbyist.

(b)Each individual lobbyist shall submit a lobbyist certification under Section 86103 for filing with the Secretary of State as part of the registration of the lobbying firm in which the lobbyist is a partner, owner, officer, or employee, or as part of the registration of the lobbyist employer that employs the

lobbyist.

(c)Lobbyist employers under subdivision (b) of Section 82039.5 who contract only for a lobbying firm’s services, lobbying coalitions who contract for a lobbying firm’s services and do not employ an in-house lobbyist, and persons described in subdivision (b) of Section 86115, are not required to register with the Secretary of State, but shall maintain records and file quarterly reports under this chapter.

(d)(1) Except as provided in paragraph (2), a registration statement shall be filed both by online or electronic means and physically, submitting the original statement in paper format.

(2)Upon certification by the Secretary of State of an online filing and disclosure system pursuant to

paragraph (7) of subdivision (b) of Section 84602, a registration statement shall be filed by online or electronic means.

§ 86101

Repealed and added by Stats. 1985, Ch. 1183, Sec. 7. Effective September 29, 1985.

Every lobbying firm and lobbyist employer who is required to file a registration statement under this chapter shall register with the Secretary of State no later than 10 days after qualifying as a lobbying firm or lobbyist employer.

§ 86102

Amended by Stats. 2012, Ch. 506, Sec. 3. (SB 1001) Effective January 1, 2013.

(a)The Secretary of State shall charge each lobbying firm and lobbyist employer required to file a registration statement under this chapter a fee of fifty dollars ($50) per year for each lobbyist required to be listed on its registration statement.

(b)One-half of the moneys collected pursuant to this section shall be deposited in the

Political Disclosure, Accountability, Transparency, and Access Fund, and the other one-half of the moneys shall be deposited in the General Fund.

§ 86105

Repealed and added by Stats. 2019, Ch. 312, Sec. 18. (AB 902) Effective January 1, 2020.

The registration for a lobbyist employer that employs lobbyists or a lobbying coalition shall include:

(a)The following information regarding the lobbyist employer or coalition:

(1)The filer’s full name, business address, email address, and telephone number.

(2)Information sufficient to identify the nature and interests of the filer, including:

(A)For an individual, the name and address of the filer’s employer, if any, or if self-employed, the filer’s principal place of business, and a description of the business activity in which the filer or the

filer’s employer is engaged.

(B)For a business entity, a description of the business activity in which it is engaged.

(C)For an industry, trade, or professional association, a description of the industry, trade, or profession it represents including a specific description of any part or faction of the industry, trade, or profession that the association exclusively or primarily represents and, if the association has 50 or fewer members, the names of the members.

(D)For other persons, a statement of the person’s nature and purposes, including a description of any industry, trade, profession, or other group with a common economic interest that the person principally represents or from which its membership or financial support is principally derived.

(3)The lobbying employer’s or coalition’s lobbying interests.

(4)A list of the state agencies whose legislative or administrative actions the lobbyist employer or coalition will attempt to influence.

(b)The lobbyist employer or coalition shall provide:

(1)A list of the lobbyists who are employed by the lobbyist employer or coalition.

(2)The lobbyist certification of each lobbyist employed.

(c)Any other information required by the Commission consistent with this chapter’s purposes and provisions.

§ 86106

Amended by Stats. 2021, Ch. 50, Sec. 182. (AB 378) Effective January 1, 2022.

Each registered lobbying firm and lobbyist employer which will be conducting activities which require registration shall renew its registration by filing photographs of its lobbyists, authorizations, and a registration statement between November 1 and December 31, of each even-numbered year. Each lobbyist shall renew the lobbyist’s own lobbyist certification in connection with the renewal of registration by the lobbyist’s lobbying firm or employer.

§ 86109

Amended by Stats. 1991, Ch. 391, Sec. 2. Repealed conditionally by Stats. 2018, Ch. 662, on date prescribed in Sec. 44 of Ch. 662.

Within 140 days after the commencement of each regular session of the Legislature, the Secretary of State shall publish a directory of registered individual lobbyists, lobbying firms, and lobbyist employers. The Secretary of State shall publish, from time to time, such supplements to the directory as may be necessary.

§ 86110

Repealed and added by Stats. 1985, Ch. 1183, Sec. 7. Effective September 29, 1985.

Lobbyists, lobbying firms, and lobbyist employers which receive payments, make payments or incur expenses or expect to receive payments, make payments or incur expenses in connection with activities which are reportable pursuant to this chapter shall keep detailed accounts, records, bills, and receipts as shall be required by regulations adopted by the commission to expedite the performance of all obligations imposed by this chapter.

§ 86111

Repealed and added by Stats. 1985, Ch. 1183, Sec. 7. Effective September 29, 1985.

(a)“Activity expense” as used in this chapter means any expense incurred or payment made by a lobbyist, lobbying firm, lobbyist employer or a person described in subdivision (b) of Section 86115, or arranged by a lobbyist or lobbying firm, which benefits in whole or in part any elective state official, legislative official, agency official, state candidate, or a member of the immediate family of one of these individuals. Activity expenses include gifts, honoraria,

consulting fees, salaries, and any other form of compensation but do not include campaign contributions.

(b)“Agency official” as used in this chapter means any official of a state agency whose administrative actions the lobbyist, lobbying firm, lobbyist employer, or person described in subdivision (b) of Section 86115 has attempted or is attempting to influence.

§ 86112

Added by Stats. 1985, Ch. 1183, Sec. 7. Effective September 29, 1985.

When a person is required to report activity expenses pursuant to this article, the following information shall be provided:

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

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

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

(d)Any other information required by the commission consistent with the purposes and provisions of this chapter.

§ 86112.3

Added by Stats. 1993, Ch. 1140, Sec. 2. Effective January 1, 1994.

(a)Each person filing a report pursuant to this article who sends any written or printed invitation to an elected state officer, candidate for elective state office, legislative official or agency official, shall include on the invitation or on a letter attached to the invitation the following typed, printed, or handwritten statement that is at least as large and readable as 8-point Roman boldface type, in a color or print that contrasts with the background so as to be easily legible:

Attendance at this event by a public official

will constitute acceptance of a reportable gift.

(b)The notice specified in subdivision (a) shall not be required to appear on any invitation wherein attendance at the event described in the invitation will not constitute acceptance of a reportable gift by an elected state officer, candidate for elective state office, legislative official or agency official, pursuant to paragraph (1) of subdivision (a) of Section 87207.

(c)The remedies provided in Chapter 3 (commencing with Section 83100) constitute the exclusive penalty for a violation of this section. The remedies provided in Chapter 11 (commencing with Section 91000) do not apply to this section.

§ 86112.5

Added by Stats. 1991, Ch. 322, Sec. 1.

(a)Each person filing a report pursuant to this article shall provide each beneficiary of a gift listed within the report the following information:

(1)The date and amount of each gift reportable by the beneficiary.

(2)A description of the goods or services provided to the beneficiary.

(b)The information required to be disclosed pursuant to subdivision (a) shall be provided to the beneficiary

within 30 days following the end of each calendar quarter in which the gift was provided. For the purposes of meeting the disclosure requirements of this section, a lobbyist firm or lobbyist employer may provide the beneficiary a copy of the activity expense section of the report submitted to the Secretary of State pursuant to this article.

§ 86113

Amended by Stats. 2021, Ch. 50, Sec. 185. (AB 378) Effective January 1, 2022.

(a)A lobbyist shall complete and verify a periodic report which contains:

(1)A report of all activity expenses by the lobbyist during the reporting period; and

(2)A report of all contributions of one hundred dollars ($100) or more made or delivered by the lobbyist to any elected state officer or state candidate during the reporting period.

(b)A lobbyist shall provide the original of the lobbyist’s periodic report to the lobbyist’s lobbyist employer or lobbying firm within two weeks following the end of each calendar quarter.

§ 86115

Added by Stats. 1985, Ch. 1183, Sec. 7. Effective September 29, 1985.

Subject to the exceptions in Section 86300, the following persons shall file the statements required by Section 86116:

(a)Any lobbyist employer; and

(b)Any person who directly or indirectly makes payments to influence legislative or administrative action of five thousand dollars ($5,000) or more in value in any calendar quarter, unless all of the payments are of the type described in subdivision (c) of Section 82045.

§ 86116.5

Amended by Stats. 2021, Ch. 50, Sec. 188. (AB 378) Effective January 1, 2022.

(a)In addition to the information required pursuant to Section 86116, all state and local agencies that file reports pursuant to Sections 86115 and 86116 shall disclose, except for overhead expenses, all payments of two hundred fifty dollars ($250) or more made in a reporting period, including, but not limited to, all of the following:

(1)Goods and services used by a lobbyist or used to support or assist a lobbyist in connection with the lobbyist’s activities as a lobbyist.

(2)Payments of any other expenses which would not have been incurred but for the filer’s activities to influence or attempt to influence legislative or administrative action.

(3)Dues or similar payments made to any organization, including a federation, confederation, or trade, labor, or membership organization, that makes expenditures equal to 10 percent of its total expenditures, or fifteen thousand dollars ($15,000), or more, during any calendar quarter, to influence legislative or administrative action.

(b)Reports required pursuant to this section may be disclosed on a separate schedule and shall include all of the following information:

(1)The name and the address of the payee.

(2)The total payments made during the reporting period.

(3)The cumulative amount paid during the calendar year.

(c)All statements required by this section shall be filed as specified by Sections 86117 and 86118.

§ 86117

Amended by Stats. 2022, Ch. 873, Sec. 3. (SB 459) Effective January 1, 2023. Conditionally operative on or after January 1, 2023, pursuant to Stats. 2022, Ch. 873.

(a)Reports required by Sections 86114 and 86116 shall be filed during the month following each calendar quarter. The period covered shall be from the first day of January of each new biennial legislative session through the last day of the calendar quarter prior to the month during which the report is filed, except as specified in subdivision (b), and except that the period covered shall not include any information reported in previous reports filed by the same person. When total amounts are required to be reported, totals shall be stated both for the period covered by the statement and for the entire legislative session to date.

(b)The period

covered by the first report a person is required to file pursuant to Sections 86114 and 86116 shall begin with the first day of the calendar quarter in which the filer first registered or qualified. On the first report a person is required to file, the total amount shall be stated for the entire calendar quarter covered by the first report.

(c)(1) During the period beginning 60 days before the date the Legislature is scheduled to adjourn for the interim recess or final recess, a person described in Section 86115 shall file a report within 48

hours of paying or incurring an enforceable promise to pay five thousand dollars ($5,000) or more to a lobbying firm to influence legislative

action if the person described in Section 86115 did not employ the lobbying firm on the day immediately preceding the 60-day period. A report filed pursuant to this subdivision shall be made publicly available directly by the filer through the online filing system described in subdivision (b) of Section 84602 or, if the online filing system will not accommodate direct filing, the report shall be made publicly available by the Secretary of State through electronic means within 24 hours of the time the Secretary of State receives the filing.

(2)The report filed pursuant to this subdivision shall include the following:

(A)The name, business address, and telephone number of the lobbying firm or firms the filer has paid, or incurred an enforceable promise to pay, five thousand dollars ($5,000) or more for the purposes of influencing legislative action for any lobbying firm that was not employed by the filer on the day immediately preceding the 60th day before the date the Legislature is scheduled to adjourn for interim recess or final recess.

(B)The identification number or, if none exists, the official title, popular name, or description of all

legislative actions for which the filer has authorized the lobbying firm to engage in direct communications with legislative officials for the purpose of influencing legislative action, and the dollar amount of payments or enforceable promises to make payments made or incurred by the filer to the lobbying firm as described in subparagraph (A) during the 60-day period.

§ 86119

Added by Stats. 2022, Ch. 873, Sec. 5. (SB 459) Effective January 1, 2023. Conditionally operative on or after January 1, 2023, pursuant to Stats. 2022, Ch. 873.

(a)(1) “Issue lobbying advertisement” means any advertisement as defined in paragraph (2) made for purposes of influencing a clearly identified legislative or administrative action, including an advertisement soliciting or

urging a person to communicate directly with an elective state official, agency official, or legislative official for the primary purpose of attempting to influence a clearly identified state legislative or administrative action. An issue lobbying advertisement does not include a communication described in Section 85310, an advertisement expressly advocating the election or defeat of a candidate or ballot measure, an advertisement that qualifies as a contribution or independent expenditure, or any communication made by a political party or candidate-controlled committee.

(2)For purposes of this section, “advertisement” means any general or public communication and does not include communications exempted from the definition of advertisement in paragraph (2) of subdivision (a) of Section 84501.

(3)A legislative or administrative action is clearly identified if the communication states a legislative or administrative identification number, official title, or popular name associated with the action or if the communication refers to the subject matter of the action and states that the measure is before an elective state official, agency official, or legislative

official for a vote or

decision.

(b)(1) An issue lobbying advertisement shall clearly and conspicuously identify the person

that authorized and paid for the advertisement by either of the following:

(A) Including the words “Paid for by” or “Ad paid for by” followed by the legal name of the person who authorized and paid for the advertisement in a manner that is easily readable by the average viewer. For video advertisements disseminated on television or via the internet, the words “Paid for by” or “Ad paid for by” shall be followed by the legal name of the person who authorized and paid for the advertisement and shall be displayed for at least 5 seconds of an advertisement that is 30 seconds or less or at least 10 seconds of an advertisement that is more than 30 seconds.

(B) Satisfying the requirements of Sections 84504 to 84504.7, inclusive, for the applicable medium of distributing the advertisement.

(2)The requirements of Section 84503 shall not apply to issue lobbying advertisements.

(c)(1) A person

that

pays or makes enforceable promises to pay five thousand dollars ($5,000) or more during a calendar quarter for issue lobbying advertisements shall file a report with the Secretary of State within 72 hours. The report shall be filed with the Secretary of State by online or electronic transmission using the online filing system described in subdivision (b) of Section 84602 each time a person pays or makes an enforceable promise to pay five thousand dollars ($5,000) or more during the calendar quarter.

(2)The report required by this subdivision shall include the following information:

(A)The total payments made and enforceable promises to pay incurred in connection with each issue lobbying advertisement required to be disclosed by this subdivision. The cost of an issue lobbying advertisement shall include actual costs attributable to the advertisement but shall not include the payment of compensation for staff time or travel expenses paid by an organization to members or staff.

(B)The date that each issue lobbying advertisement was or will be first publicly disseminated.

(C)The identification number of the legislative or administrative

action that was the subject of the issue lobbying advertisement or, if there is no identification number, the official title, popular name, or description of the action.

(D)For each

legislative or administrative action for which there were issue lobbying advertisements, the position on the legislative or administrative action urged on the lobbying issue advertisement, which may include “support,” “oppose,” “support if amended,” “oppose unless amended,” “neutral,” “neutral seeking amendment,” “neutral expressing concerns,” “no position,” or a similar description.

(E)The method of distributing the issue

lobbying advertisement, including direct mail, text messages, television advertisements, radio advertisements, social media advertisements, search engine advertisements, or other types of online advertisements.

(F)The name of any Member of the Legislature or candidate for Member of the Legislature that is clearly identified in the issue lobbying advertisement.

(3)Payments for issue lobbying

advertisements shall be disclosed on reports filed pursuant to Section 86115 notwithstanding any disclosure pursuant to this subdivision.

(d)This section is not intended and shall not be construed to expand the meaning of “lobbyist” as defined in Section 82039 or “lobbyist employer” as defined in Section 82039.5.

(e)This section does not apply to a placement agent, as defined in Section 82047.3.