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SB-1426 Lobbyist employers: gifts.(2011-2012)

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SB1426:v97#DOCUMENT

Amended  IN  Assembly  June 21, 2012
Amended  IN  Senate  April 09, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Senate Bill No. 1426


Introduced  by  Senator Blakeslee
(Principal Coauthor(s): Senator Correa)
(Coauthor(s): Senator Dutton, Gaines, Wyland)

February 24, 2012


An act to amend Section 86203 of, and to add Section 89504 to, the Government Code, relating to the Political Reform Act of 1974.


LEGISLATIVE COUNSEL'S DIGEST


SB 1426, as amended, Blakeslee. Lobbyist employers: gifts.
The Political Reform Act of 1974 regulates the receipt of gifts by public officials and also regulates the activities of members of the lobbying industry, including lobbyist employers. Under existing law, public officials are prohibited from accepting gifts from any single source in any calendar year with a total value of more than $250, as adjusted biennially by the Fair Political Practices Commission. Existing law also prohibits a lobbyist or lobbying firm from giving gifts to a public official aggregating more than $10 in a calendar month or from acting as an agent or intermediary in the making of any gift or arranging for the making of any gift by any other person.
This bill would prohibit a lobbyist, lobbying firm, or lobbyist employer from giving to an elected state officer or a member of that officer’s immediate family, and would prohibit an elected state officer from accepting from a lobbyist, lobbying firm, or lobbyist employer, certain gifts, including tickets to specified venues and events, spa treatments, recreational trips, and gift cards. However, under the bill, these prohibitions would not apply to a fundraising event for a bona fide charitable organization.
This bill would also prohibit a lobbyist employer from giving to an elected state officer, or a lobbyist, lobbying firm, or lobbyist employer from giving to a member of that officer’s immediate family, specified entertainment tickets with face values exceeding $25, including theater, concert, and amateur sporting event tickets.
Existing law makes a violation of the Political Reform Act of 1974 subject to administrative, civil, and criminal penalties. This bill would impose a state-mandated local program by creating additional crimes.
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 Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 2/3 vote of each house and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 86203 of the Government Code is amended to read:

86203.
 (a) It is unlawful for a lobbyist or lobbying firm to make gifts to one person aggregating more than ten dollars ($10) in a calendar month, or to act as an agent or intermediary in the making of any gift, or to arrange for the making of any gift by any other person.
(b) (1) It is unlawful for a lobbyist, lobbying firm, or lobbyist employer to give to an elected state officer or to a member of that officer’s immediate family, from the date the officer is elected to the date he or she vacates office, any of the following gifts:
(A) A theme park or amusement park ticket.
(B) A professional sporting event ticket.

(C)A collegiate or other amateur sporting event ticket with a face value exceeding twenty-five dollars ($25).

(D)A theater, concert, or other entertainment ticket with a face value exceeding twenty-five dollars ($25).

(E)

(C) A racetrack ticket.

(F)

(D) A spa treatment, or other beauty or cosmetic service.

(G)

(E) A golf, skiing, hunting, or fishing trip, or other recreational outing or vacation.

(H)

(F) A gift card.
(2) It is unlawful for a lobbyist employer to give to an elected state officer, or for a lobbyist, lobbying firm, or lobbyist employer to give to a member of that officer’s immediate family, from the date the officer is elected to the date he or she vacates office, either of the following gifts:
(A) A collegiate or other amateur sporting event ticket with a face value exceeding twenty-five dollars ($25).
(B) A theater, concert, or other entertainment ticket with a face value exceeding twenty-five dollars ($25).

(2)

(3) The prohibitions in this subdivision do not apply to a fundraising event for a bona fide charitable organization.

SEC. 2.

 Section 89504 is added to the Government Code, to read:

89504.
 (a) An elected state officer, from the date the officer is elected to the date he or she vacates office, shall not accept as from a lobbyist or lobbying firm gifts aggregating more than ten dollars ($10) in a calendar month.
(b) An elected state officer, from the date the officer is elected to the date he or she vacates office, shall not accept as a gift from a lobbyist, lobbying firm, or lobbyist employer any of the following:
(1) A theme park or amusement park ticket.
(2) A professional sporting event ticket.

(3)A collegiate or other amateur sporting event ticket with a face value exceeding twenty-five dollars ($25).

(4)A theater, concert, or other entertainment ticket with a face value exceeding twenty-five dollars ($25).

(5)

(3) A racetrack ticket.

(6)

(4) A spa treatment, or other beauty or cosmetic service.

(7)

(5) A golf, skiing, hunting, or fishing trip, or other recreational outing or vacation.

(8)

(6) A gift card.
(c) An elected state officer, from the date the officer is elected to the date he or she vacates office, shall not accept as a gift from a lobbyist employer either of the following gifts:
(1) A collegiate or other amateur sporting event ticket with a face value exceeding twenty-five dollars ($25).
(2) A theater, concert, or other entertainment ticket with a face value exceeding twenty-five dollars ($25).

(b)

(d) The prohibitions in this section subdivisions (b) and (c) do not apply to a fundraising event for a bona fide charitable organization.

SEC. 3.

  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.

SEC. 4.

  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.