Lobbying Disclosure Information Manual - Fair Political Practices ...

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Introduction 604 – Lobbyist Certification Statement The certification statement is used by individuals who qualify as lobbyists, including individual contract lobbyists. 605 – Amendment to Registration – Lobbying Firm, Lobbyist Employer, and Lobbying Coalition The amendment form is used to amend registration forms filed by lobbying firms, Form 601, and lobbyist employers/lobbying coalitions, Form 603. 606 – Notice of Termination Used by lobbyists, lobbying firms, and lobbyist employers/lobbying coalitions that, during a legislative session, cease all lobbying activity. 607 – Notice of Withdrawal Used by a lobbyist or lobbying firm that filed a certification or registration statement, respectively, but never qualified as a lobbyist or a lobbying firm. 615 – Lobbyist Report Used by lobbyists (including contract lobbyists) to disclose payments made in connection with influencing legislative or administrative action. 625 – Report of Lobbying Firm Used by lobbying firms (including contract lobbyists) to disclose legislative or administrative action the lobbying firm attempted to influence, and payments made and received in connection with influencing legislative or administrative action. 630 – Attachment Form 630 – Payments Made to Lobbying Coalitions Used by lobbying firms and lobbyist employers to disclose payments to a lobbying coalition. 635 – Report of Lobbyist Employer and Report of Lobbying Coalition Used by lobbyist employers/lobbying coalitions to disclose legislative or administrative action the employer/coalition attempted to influence, and payments made in connection with influencing legislative or administrative action. 635-C – Attachment Form 635-C – Payments Received by Lobbying Coalition Used by lobbying coalitions to disclose payments received from members of the coalition. 640 – Attachment Form 640 – Governmental Agencies Reporting of “Other Payments to Influence Legislative or Administrative Action” Used by state and local government agencies that qualify as lobbyist employers/ lobbying coalitions or $5,000 filers to disclose certain payments of $250 or more under “Other Payments to Influence Legislative or Administrative Action.” 645 – Report of Person Spending $5,000 or More to Influence Legislative or Administrative Action Used by persons who do not employ a lobbyist or contract with a lobbying firm but who make payments to influence legislative or administrative action (including payments to a lobbying coalition) totaling $5,000 or more in a calendar quarter. 690 – Amendment to Lobbying Disclosure Report Used to amend a lobbying disclosure report (e.g., Form 615, Form 625, Form 630, Form 635, Form 635-C, Form 640, and Form 645). Fair Political Practices Commission Intro-2 Lobbying Manual, 7/2005
Chapter 1 Who Must File This chapter identifies persons that are required to disclose lobbying activity. This chapter begins with a review of important definitions that are used to determine whether a person must file lobbying reports. The qualifications that must be met for each type of lobbying filer are provided along with “user friendly” examples. Because not every person that communicates with state officials must file, common exceptions are also provided. General Definitions The following definitions describe what is commonly referred to as “lobbying” and provide guidance later in this chapter when the terms “lobbyist,” “lobbying firm,” “lobbyist employer/coalition,” and “$5,000 filer” are discussed. (See Appendix 1 for other definitions.) Direct Communication An individual engages in “direct communication” when he or she appears as a witness before, talks to (either by telephone or in person), corresponds with, or answers questions or inquiries from, any qualifying official, either personally or through an agent who acts under the individual’s direct supervision, control, or direction. “Direct communication” does not include any request for or provision of purely technical data or analyses to an administrative agency by a person who does not otherwise engage in direct communication for the purpose of influencing legislative or administrative action. Additionally, an individual does not engage in “direct communication” when he or she meets or speaks with a qualifying official in the company of a registered lobbyist retained 1-866-A S K-F P PC Chapter 1 — Who Must File by the individual, the individual’s employer, or by a bona fide trade association or membership organization of which the individual or individual’s employer is a member. Administrative Testimony “Administrative testimony” means influencing or attempting to influence administrative action by acting as counsel in, appearing as a witness in, or providing written submissions, including answers to inquiries, which become part of the record of: • Any regulatory or administrative agency proceeding that is conducted as an open public hearing for which public notice is given, of which a record is created in a manner that makes possible the creation of a transcript, and with respect to which full public access is provided to such record or transcript and to all written material that is submitted to become part of the record. • Certain proceedings of the California Public Utilities Commission. (See Appendix 1.) An individual does not count compensation for or time spent preparing and presenting administrative testimony in applying the time or compensation tests for qualifying as a lobbyist. Influencing Legislative or Administrative Action “Influencing legislative or administrative action” means communicating directly or taking any other action for the principal purpose of supporting, promoting, influencing, modifying, opposing, delaying, or advancing any legislative or administrative Fair Political Practices Commission 1-1 Lobbying Manual, 7/2005
Page 1 and 2: Lobbying Disclosure Information Man
Page 3: Introduction California’s Politic
Page 7 and 8: Generally, a lobbyist is categorize
Page 9 and 10: -- The individual is a lobbyist com
Page 11 and 12: companies will qualify as a “$5,0
Page 13 and 14: Statutory and Regulatory References
Page 15 and 16: Chapter 2 — Where and When to Fil
Page 17 and 18: Chapter 2 — Where and When to Fil
Page 19 and 20: Chapter 3 Registration and Terminat
Page 21 and 22: Filing Deadlines: New Lobbyist: •
Page 23 and 24: How to Complete Form 601 The Lobbyi
Page 25 and 26: Lobbyist Employer and Lobbying Coal
Page 27 and 28: Lobbyist Employer Deleting a Lobbyi
Page 29 and 30: Chapter 3 — Registration and Term
Page 31 and 32: Chapter 4 Gifts and Other Activity
Page 33 and 34: • Acts as an intermediary in conn
Page 35 and 36: • Designated employees of state a
Page 37 and 38: Personalized Plaques and Trophies V
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Page 41 and 42: attend a training program. Because
Page 43 and 44: 18946.2 Reporting and Valuation of
Page 45 and 46: Chapter 5 — Quarterly Disclosure
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Chapter 5 — Quarterly Disclosure
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Chapter 5 — Quarterly Disclosure
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Chapter 6 Recordkeeping A recordkee
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• The amount of the contribution;
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− Payments to a law firm for draf
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Audits Lobbying firms and lobbyist
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Chapter 7 — Restrictions • Dana
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Chapter 7 — Restrictions professi
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Chapter 7 — Restrictions 85303 85
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Appendix 1 — Definitions inquirie
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Appendix 1 — Definitions Gift (Se
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Appendix 1 — Definitions institut
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Appendix 1 — Definitions lobbyist
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Appendix 1 — Definitions elected
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Appendix 2 About the Political Refo
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Cal-Online Help Desk (Electronic Fi
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