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SB-1362 Lobbying: Citizens Redistricting Commission.(2021-2022)

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Date Published: 03/16/2022 09:00 PM
SB1362:v98#DOCUMENT

Amended  IN  Senate  March 16, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1362

Introduced by Senator Melendez

February 18, 2022

An act to add Section 86120 to amend Sections 82002 and 82049 of the Government Code, relating to the Political Reform Act of 1974.


LEGISLATIVE COUNSEL'S DIGEST


SB 1362, as amended, Melendez. Lobbying: Citizens Redistricting Commission.
The Political Reform Act of 1974 comprehensively regulates lobbyists and lobbying, including by requiring certain disclosures relating to payments to influence legislative or administrative action, as specified. the lobbying of state agencies to influence administrative actions, as defined. Existing law, the Voters FIRST Act and the Voters FIRST Act for Congress, establishes the Citizens Redistricting Commission to carry out various duties and responsibilities in connection with redistricting Assembly, Senate, Board of Equalization, and congressional districts.

This bill would require any person who makes payments to influence action of the Citizens Redistricting Commission totaling $1,000 or more in a calendar year to submit reports to the Secretary of State containing specified information regarding such payments. The bill would require the Secretary of State to establish deadlines for the submission of these reports and an online system for their electronic submission.

This bill would apply the provisions of the Political Reform Act of 1974 that regulate lobbyists and lobbying to redistricting by the Citizens Redistricting Commission by expanding the definitions of “administrative action” and “state agency” to include redistricting and the Citizens Redistricting Commission, respectively.
A violation of the Political Reform Act of 1974 is punishable as a misdemeanor. By expanding the scope of the disclosure requirements under the act, the bill would expand the scope of an existing crime, and therefore 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 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 of the Legislature 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 82002 of the Government Code is amended to read:

82002.
 (a) “Administrative action” means either any of the following:
(1) The proposal, drafting, development, consideration, amendment, enactment, or defeat by any state agency of any rule, regulation, or other action in any ratemaking proceeding or any quasi-legislative proceeding, including any proceeding governed by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(2) With regard only to placement agents, the decision by any state agency to enter into a contract to invest state public retirement system assets on behalf of a state public retirement system.
(3) Redistricting pursuant to Article XXI of the California Constitution.
(b) “Ratemaking proceeding” means, for the purposes of a proceeding before the Public Utilities Commission, any proceeding in which it is reasonably foreseeable that a rate will be established, including, but not limited to, general rate cases, performance-based ratemaking, and other ratesetting mechanisms.
(c) “Quasi-legislative proceeding” means, for purposes of a proceeding before the Public Utilities Commission, any proceeding that involves consideration of the establishment of a policy that will apply generally to a group or class of persons, including, but not limited to, rulemakings and investigations that may establish rules affecting an entire industry.

SEC. 2.

 Section 82049 of the Government Code is amended to read:

82049.
 “State agency” means every state office, department, division, bureau, board and commission, commission, including the Citizens Redistricting Commission, and the Legislature.

SECTION 1.Section 86120 is added to the Government Code, to read:
86120.

(a)Any person who directly or indirectly makes payments to influence action of the Citizens Redistricting Commission totaling one thousand dollars ($1,000) or more in a calendar year shall file a report with the Secretary of State.

(b)The report provided for in subdivision (a) shall contain the following information:

(1)For any expense incurred or payment made to benefit in whole or in part a member of the Citizens Redistricting Commission, or a member of the immediate family of a member of the Citizens Redistricting Commission, the report shall include the information listed in Section 86112 and the total of all such expenses or payments.

(2)For any payment made to a lobbyist or lobbyist employer for the purposes of influencing action of the Citizens Redistricting Commission, the report shall include the information listed in subdivisions (a) through (e), inclusive, of Section 86116, as applicable.

(3)The total of all other payments to influence actions of the Citizens Redistricting Commission.

(c)The Secretary of State shall set deadlines for the submission of reports required under this section and establish an online system for the electronic submission of reports.

(d)For the purposes of this section, “payment to influence actions of the Citizens Redistricting Commission” includes any of the following types of payment, if made for the purpose of influencing an action of the Citizens Redistricting Commission under Chapter 3.2 of Division 1 of Title 2:

(1)Direct or indirect payment to a lobbyist whether for salary, fee, compensation for expenses, or any other purpose, by a person employing or contracting for the services of the lobbyist separately or jointly with other persons.

(2)Payment in support or assistance of a lobbyist or the lobbyist’s activities, including, but not limited to, the direct payment of expenses incurred at the request or suggestion of the lobbyist.

(3)Payment that directly or indirectly benefits any member of the Citizens Redistricting Commission, or a member of the immediate family of any such member.

(4)Payment, including compensation, payment, or reimbursement for the services, time, or expenses of an employee, for or in connection with direct communication with any member of the Citizens Redistricting Commission.

(5)Payment for or in connection with soliciting or urging other persons to enter into direct communication with any member of the Citizens Redistricting Commission.

SEC. 2.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. 3.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.