IPCPR Legislative | Political Involvement in California

Political Involvement in California

california

Requirements for Political Involvement in California

A “lobbyist” is either of the following:

  • Any individual who receives $2,000 or more in economic consideration in a calendar month, other than reimbursement for reasonable travel expenses, or whose principal duties as an employee are, to communicate directly or through his or her agents with any elective state official, agency official, or legislative official for the purpose of influencing legislative or administrative action.
  • A placement agent, defined as an individual directly or indirectly hired, engaged, or retained by, or serving for the benefit of or on behalf of, an external manager or an investment fund managed by an external manager, and who acts or has acted for compensation as a finder, solicitor, marketer, consultant, broker, or other intermediary in connection with the offer or sale to a state public retirement system in California or an investment vehicle either of the following:
    • In the case of an external manager within the meaning of paragraph (1) of subdivision (a) of Section 82025.3, the investment management services of the external manager.
    • In the case of an external manager within the meaning of paragraph (2) of subdivision (a) of Section 82025.3, an ownership interest in an investment fund managed by the external manager.

 

Cal. Gov. Code § 82039(a)

 

A “lobbying firm” is any business entity, including an individual contract lobbyist, which meets either of the following criteria:

  • The business entity receives or becomes entitled to receive any compensation, other than reimbursement for reasonable travel expenses, for the purpose of influencing legislative or administrative action on behalf of any other person, and any partner, owner, officer, or employee of the business entity is a lobbyist.
  • The business entity receives or becomes entitled to receive any compensation, other than reimbursement for reasonable travel expenses, to communicate directly with any elective state official, agency official, or legislative official for the purpose of influencing legislative or administrative 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 legislative or administrative action.

 

Cal. Gov. Code § 82038.5

 

A “lobbyist employer” is any person, other than a lobbying firm, who:

  • Employs one or more lobbyists for economic consideration, other than reimbursement for reasonable travel expenses, for the purpose of influencing legislative or administrative action, or
  • Contracts for the services of a lobbying firm for economic consideration, other than reimbursement for reasonable travel expense, for the purpose of influencing legislative or administrative action.

 

Cal. Gov. Code § 82039.5

Every lobbying firm and lobbyist employer is required to register both electronically and on paper with the Secretary of State no later than 10 days after qualifying as a lobbying firm or lobbyist employer. To register, lobbying firms must submit a Lobbying Firm Registration Statement (Form 601), a Lobbying Firm Activity Authorization (Form 602), and a Lobbyist Certification Statement (Form 604). Lobbyist Employers must submit a Lobbyist Employer or Lobbying Coalition Registration Statement (Form 603) and a Lobbyist Certification Statement (Form 604).

 

Lobbying registration is valid throughout a 2-year legislative session, beginning in January of an odd-numbered year and ending in December of the next even-numbered year. For registration submitted during the first year of a 2-year legislative session, a $100 fee is assessed in anticipation the lobbyist will continue during the remainder of the session. In the second year of the session, the fee for any lobbyist added to an employer’s or firm’s registration is $50.

 

Lobbyists are required to attend an ethics orientation course conducted by the Legislature. The Legislature will notify lobbyists of course dates and will provide a certificate of completion of the course. New lobbyists must take the course within 12 months after qualifying as a lobbyist, and lobbyists renewing their certifications must take the course by June 30th of the following year.

 

Lobbying firms and lobbyist employers must also file quarterly lobbying disclosure statements with the Office of the Secretary of State on or before every April 30th, July 31st, October 31st, and January 31st. Lobbying firms must submit a Lobbyist Report (Form 615) and a Report of Lobbying Firm (Form 625). Lobbyist employers must submit a Lobbyist Report (Form 615) and a Report of Lobbyist Employer and Report of Lobbying Coalition (Form 635). In addition, any persons spending $5,000 or more to influence legislative or administrative action must file Form 645.

 

To register and file electronically, the filer must first obtain a lobbying identification number and password by completing a Lobbying Application to Obtain Logon ID Number and Password at http://prd.cdn.sos.ca.gov/electronic-filing-info/lob_password_app.pdf. The filer will then be able to use the Cal-Online system at https://cafile.sos.ca.gov/CalOnline/.

 

Cal. Gov. Code §§ 86100-86118: Registration and Reporting

 

California Secretary of State: Lobbying Forms & Instructions
http://www.ss.ca.gov/campaign-lobbying/lobbying-disclosure-and-requirements/lobbying-forms-instructions

 

Form 601: Lobbying Firm Registration Statement
http://prd.cdn.sos.ca.gov/forms/form-601.pdf

 

Form 602: Lobbying Firm Activity Authorization
http://prd.cdn.sos.ca.gov/forms/form-602.pdf

 

Form 603: Lobbyist Employer or Lobbying Coalition Registration Statement
http://prd.cdn.sos.ca.gov/forms/form-603.pdf

 

Form 604: Lobbyist Certification Statement
http://prd.cdn.sos.ca.gov/forms/form-604.pdf

 

Form 615: Lobbyist Report
http://prd.cdn.sos.ca.gov/forms/form-615.pdf

 

Form 625: Report of Lobbying Firm
http://prd.cdn.sos.ca.gov/forms/form-625.pdf

 

Form 635: Report of Lobbyist Employer and Report of Lobbying Coalition
http://prd.cdn.sos.ca.gov/forms/form-635.pdf

 

Form 645: Report of Person Spending $5,000 or More to Influence Legislative or Administrative Action
http://prd.cdn.sos.ca.gov/forms/form-645.pdf

 

California Secretary of State: Lobbying Registration: Documents Required for Registration, Amendment, Termination, and Withdrawal
http://www.sos.ca.gov/campaign-lobbying/lobbying-disclosure-and-requirements/lobbying-filing-requirements/lobbying-quarterly-disclosure-reports-forms-required/

 

California Secretary of State: Lobbying Quarterly Disclosure Reports: Forms Required Chart
http://www.sos.ca.gov/campaign-lobbying/lobbying-disclosure-and-requirements/lobbying-filing-requirements/lobbying-quarterly-disclosure-reports-forms-required/

 

Lobbying Application to Obtain Logon ID Number and Password
http://prd.cdn.sos.ca.gov/electronic-filing-info/lob_password_app.pdf

 

Cal-Online
https://cafile.sos.ca.gov/CalOnline/

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