Lobbyist ethics., the official text

An act to amend, repeal, and add Section 8956 and 86103 of, and to add Section 86102.5 to, the Government Code, relating to the Political Reform Act of 1974.

LEGISLATIVE COUNSEL'S DIGEST

Existing law requires the legislative ethics committee of each house of the Legislature to conduct at least semiannually an orientation course on the relevant ethical issues and laws related to lobbying, in consultation with the Fair Political Practices Commission. Existing law requires the committees to impose fees on lobbyists for attending these courses, as specified.
This bill would, commencing on January 1, 2029, require the Fair Political Practices Commission to develop, maintain, and offer an orientation course for registered lobbyists on the relevant ethical issues and laws relating to lobbying, and on each house of the legislature’s policies against harassment, including sexual harassment, in connection with lobbying activities. The bill would require the course be developed with the legislative ethics committees and give the committees final approval over the content of the course that relates to the legislature’s polices against harassment. The bill would require the course be available on-demand through an online platform, internet webpage, or application. The bill would authorize the commission to impose a fee on a lobbyist for the course, as specified. The bill would update cross-references.
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.

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

SECTION 1.
Section 8956 of the Government Code is amended to read:
8956.
(a) The appropriate legislative ethics committees shall conduct at least semiannually an orientation course of the relevant statutes and regulations governing official conduct. The curriculum and presentation of the course shall be established by house rules.
(b) The committees shall conduct at least semiannually an orientation course on the relevant ethical issues and laws relating to lobbying, in consultation with the Fair Political Practices Commission. The course shall also include information on each house of the Legislature’s policies against harassment, including sexual harassment, in connection with lobbying activities. One of the semiannual courses shall be held prior to June 30 of each year. This course may be combined with the course described in subdivision (a).
(c) At least once in each biennial session, each Member of the Legislature and each designated employee of the Legislature shall attend one of these courses.
(d) The committees shall impose fees on lobbyists for attending the course described in subdivision (b). The fees shall be set at an amount that will enable the lobbyists’ participation in the course to be funded from those fees to the fullest extent possible.
(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

SEC. 2.
Section 8956 is added to the Government Code, to read:
8956.
(a) The appropriate legislative ethics committees shall conduct at least semiannually an orientation course of the relevant statutes and regulations governing official conduct. The curriculum and presentation of the course shall be established by house rules.
(b) At least once in each biennial session, each Member of the Legislature and each designated employee of the Legislature shall attend one of these courses.
(c) This section shall become operative on January 1, 2029.

SEC. 3.
Section 86102.5 is added to the Government Code, to read:
86102.5.
(a) Commencing January 1, 2029, the commission shall develop, maintain, and offer an orientation course for registered lobbyists on the relevant ethical issues and laws relating to lobbying, and on each house of the legislature’s policies against harassment, including sexual harassment, in connection with lobbying activities. The curriculum of the course shall be developed in consultation with the appropriate legislative ethics committees, and the committees shall have final approval over the content of the course that relates to the legislature’s policies against harassment, including sexual harassment. The course shall be available on-demand through an online platform, internet webpage, or application.
(b) The commission may impose a fee of fifty dollars ($50) on a lobbyist for the course described in subdivision (a). The commission shall adjust the fee each odd-numbered year to reflect changes in the Consumer Price Index, rounded to the nearest ten dollars ($10).
(c) Unused funds collected by the joint legislative ethics committees from lobbyists for this course pursuant to Section 8956 before January 1, 2029, shall be transferred to the commission for the purpose of developing the course.

SEC. 4.
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) Any other information required by the commission consistent with the purposes and provisions of this chapter.
(f) Registration fees required by Section 86102 shall be paid online at the time a lobbyist certification is submitted for registration to be active.
(g) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

SEC. 5.
Section 86103 is added to the Government Code, 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 (a) of Section 86102.5 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) Any other information required by the commission consistent with the purposes and provisions of this chapter.
(f) Registration fees required by Section 86102 shall be paid online at the time a lobbyist certification is submitted for registration to be active.
(g) This section shall become operative on January 1, 2029.

SEC. 6.
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.