Lobbyist certification., the official text

An act to amend Sections 86100 and 86103 of, and to add Section 86207 to, the Government Code, relating to the Political Reform Act of 1974.

LEGISLATIVE COUNSEL'S DIGEST

The Political Reform Act of 1974 requires individual lobbyists to prepare certifications, as specified, for filing with the Secretary of State. The act also requires lobbying firms and certain lobbyist employers to register with the Secretary of State. The act makes a violation of these provisions a misdemeanor. Under existing law, a person who violates the act is prohibited from acting as a lobbyist for a period of four years following the date of conviction, except as specified.
This bill would prohibit a person who has been convicted of a crime of public corruption, as defined, from serving as a lobbyist for 12 years following the date of the conviction. The bill would prohibit the Secretary of State from accepting a lobbying certification from a person who indicates such a conviction on the lobbying certification. The bill would void an existing lobbying certification in the event of such a conviction. The bill would require a registered lobbyist, upon conviction for a crime of public corruption, to immediately terminate their registration with the Secretary of State. The bill would require a lobbying certification to include a statement that the applicant has not been convicted of a crime of public corruption within the previous 12 years.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 23 vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
A violation of the Political Reform Act of 1974 is punishable as a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1.
Section 86100 of the Government Code is amended to read:
86100.
(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) (1) 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.
(2) The Secretary of State shall not accept a lobbying certification from a person who has indicated on the lobbying certification that they have been convicted of a crime of public corruption within the previous 12 years, as described in Section 86207.
(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.

SEC. 2.
Section 86103 of the Government Code, as amended by Section 178 of Chapter 50 of the Statutes of 2021, is amended to read:
86103.
A lobbyist certification shall include all of the following:
(a) A recent photograph of the lobbyist, the size of which shall be prescribed by the Secretary of State.
(b) The full name, business address, and telephone number of the lobbyist.
(c) A statement that the lobbyist has read and understands the prohibitions contained in Sections 86203 and 86205.
(d) (1) In the case of a lobbyist who filed a completed lobbyist certification in connection with the last regular session of the Legislature, a statement that the lobbyist has completed, within the previous 12 months or will complete no later than June 30 of the following year, the course described in subdivision (b) of Section 8956. If the lobbyist certification states that the lobbyist will complete the course no later than June 30 of the following year, the certification shall be accepted on a conditional basis. Thereafter, if the lobbyist completes the course no later than June 30 of the following year, the lobbyist shall file a new lobbyist certification with the Secretary of State which shall replace the conditional lobbyist certification previously filed. If the lobbyist certification states that the lobbyist will complete the course no later than June 30 of the following year and the lobbyist fails to do so, the conditional lobbyist certification shall be void and the individual shall not act as a lobbyist pursuant to this title until the individual has completed the course and filed with the Secretary of State a lobbyist certification stating that the individual has completed the course and the date of completion. It shall be a violation of this section for any individual to act as a lobbyist pursuant to this title once that individual’s conditional certification is void.
(2) If, in the case of a new lobbyist certification, the lobbyist has not completed the course within the previous 12 months, the lobbyist certification shall include a statement that the lobbyist will complete a scheduled course within 12 months, and the lobbyist certification shall be accepted on a conditional basis. Following the lobbyist’s completion of the ethics course, the lobbyist shall file a new lobbyist certification with the Secretary of State which shall replace the conditional lobbyist certification previously filed. If the new lobbyist certification states that the lobbyist will complete the course within 12 months and the lobbyist fails to do so, the conditional lobbyist certification shall be void and the individual shall not act as a lobbyist pursuant to this title until that individual has completed the course and filed with the Secretary of State a lobbyist certification stating the individual has completed the course and the date of completion. It shall be a violation of this section for any individual to act as a lobbyist pursuant to this title once that individual’s conditional certification is void.
(e) A statement that the lobbyist has not been convicted of a crime of public corruption within the previous 12 years, as described in Section 86207.
(f) Any other information required by the commission consistent with the purposes and provisions of this chapter.

SEC. 3.
Section 86103 of the Government Code, as amended by Section 179 of Chapter 50 of the Statutes of 2021, is amended to read:
86103.
A lobbyist certification shall include all of the following:
(a) A recent photograph of the lobbyist, in a size prescribed by the Secretary of State.
(b) The lobbyist’s full name, business address, email address, and telephone number.
(c) A statement that the lobbyist has read and understands the prohibitions contained in Sections 86203 and 86205.
(d) A statement regarding the lobbyist’s completion of the ethics course described in subdivision (b) of Section 8956 as follows:
(1) For a lobbyist who filed a completed lobbyist certification in connection with the last regular session of the Legislature, either of the following statements:
(A) That the lobbyist has completed the ethics course within the previous 12 months.
(B) That the lobbyist will complete the ethics course no later than June 30 of the following year, in which case the certification shall be accepted on a conditional basis.
(2) In the case of a new lobbyist certification, if the lobbyist has not completed the course within the previous 12 months, the lobbyist certification shall include a statement that the lobbyist will complete the course within 12 months. The lobbyist certification shall be accepted on a conditional basis.
(3) If a lobbyist certification is accepted on a conditional basis, the lobbyist shall timely complete the ethics course and file a new lobbyist certification to replace the conditional lobbyist certification. If the lobbyist fails to timely complete the ethics course, the conditional lobbyist certification shall be void and the individual shall not act as a lobbyist under this title until the individual completes the course and files a lobbyist certification stating the date of completion. It is a violation of this section for any individual to act as a lobbyist under this title once that individual’s conditional certification is void.
(4) The date and confirmation that an individual has completed the ethics course may be transmitted to the Secretary of State by the legislative ethics committee.
(e) A statement that the lobbyist has not been convicted of a crime of public corruption within the previous 12 years, as described in Section 86207.
(f) Any other information required by the commission consistent with the purposes and provisions of this chapter.
(g) Registration fees required by Section 86102 shall be paid online at the time a lobbyist certification is submitted for registration to be active.

SEC. 4.
Section 86207 is added to the Government Code, to read:
86207.
(a) (1) A person who is convicted of a crime of public corruption shall not act as a lobbyist pursuant to this title for 12 years following the date of the conviction.
(2) If a person convicted of a crime of public corruption is already a registered lobbyist, the certification pursuant to this chapter shall be void upon the person’s conviction.
(3) A registered lobbyist shall, upon conviction for a crime of public corruption, immediately terminate their registration with the Secretary of State.
(b) For purposes of this chapter, a “crime of public corruption” means a crime described in Section 20 of the Elections Code.

SEC. 5.
The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.

SEC. 6.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.