Political Reform Act 2011 - Fair Political Practices Commission

§ 82038. 20
§ 82040.
of the Legislature acting in his official capacity.
“Legislative action” also means the action of the
Governor in approving or vetoing any bill.
References at the time of publication (see page 3):
Opinions: In re Cohen (1975) 1 FPPC Ops. 10
§ 82038. Legislative Official.
“Legislative official” means any employee or
consultant of the Legislature whose duties are not
solely secretarial, clerical or manual.
References at the time of publication (see page 3):
Opinions: In re Morrissey (1976) 2 FPPC Ops. 120
§ 82038.5. Lobbying Firm.
(a) “Lobbying firm” means any business entity,
including an individual contract lobbyist, which meets
either of the following criteria:
(1) 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.
(2) 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.
(b) No business entity is a lobbying firm by
reason of activities described in Section 86300.
History: Added by Stats. 1985, Ch. 1183, effective September
29, 1985; amended by Stats. 1986, Ch. 905.
References at the time of publication (see page 3):
Regulations: 2 Cal. Code of Regs. Section 18238.5
2 Cal. Code of Regs. Section 18614
§ 82039. Lobbyist.
(a) “Lobbyist” means either of the following:
(1) Any individual who receives two thousand
dollars ($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.
(2) A placement agent, as defined in Section
82047.3.
(b) An individual is not a lobbyist by reason of
activities described in Section 86300.
(c) For the purposes of subdivision (a), a
proceeding before the Public Utilities Commission
constitutes “administrative action” if it meets any of
the definitions set forth in subdivision (b) or (c) of
Section 82002. However, a communication made for
the purpose of influencing this type of Public
Utilities Commission proceeding is not within
subdivision (a) if the communication is made at a
public hearing, public workshop, or other public
forum that is part of the proceeding, or if the
communication is included in the official record of
the proceeding.
History: Amended by Stats. 1975, Ch. 915, effective
September 20, 1975, operative January 7, 1975; amended by Stats.
1984, Ch. 161; amended by Proposition 208 of the November 1996
Statewide General Election; amended by Stats. 2001, Ch. 921;
amended by Stats. 2010, Ch. 668.
References at the time of publication (see page 3):
Regulations: 2 Cal. Code of Regs. Section 18239
2 Cal. Code of Regs. Section 18601
Opinions: In re Evans (1978) 4 FPPC Ops. 54
In re Morrissey (1976) 2 FPPC Ops. 84
In re Leonard (1976) 2 FPPC Ops. 54
In re Zenz (1975) 1 FPPC Ops. 195
In re Hardie (1975) 1 FPPC Ops. 140
In re Stern (1975) 1 FPPC Ops. 59
In re McCarthy (1975) 1 FPPC Ops. 50
In re Carson (1975) 1 FPPC Ops. 46
In re California Labor Federation (1975) 1
FPPC Ops. 28
In re Cohen (1975) 1 FPPC Ops. 10
§ 82039.5. Lobbyist Employer.
“Lobbyist employer” means any person, other
than a lobbying firm, who:
(a) 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
(b) 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.
History: Added by Stats. 1985, Ch. 1183, Effective September
29, 1985.
References at the time of publication (see page 3):
Regulations: 2 Cal. Code of Regs. Section 18239.5
2 Cal. Code or Regs. Section 18614
§ 82040. Lobbyist’s Account. [Repealed]
History: Repealed by Stats. 1985, Ch. 1183, effective
September 29, 1985.