Political Reform Act of 1974: Fair Political Practices Commission: regulations.

(1) The Political Reform Act of 1974 requires certain statements and reports to be filed on specified dates or during or within specified time periods. An existing regulation adopted by the Fair Political Practices Commission clarifies that, where the filing deadline for filing these statements or reports falls on a Saturday, Sunday, or official state holiday, the filing deadline shall be extended to the next regular business day, with the exception of specified reports that must be filed immediately before an election. This bill would codify this regulation. (2) The act requires filing officers to process and maintain certain statements and reports, among other specified duties. An existing regulation adopted by the Commission provides that the failure by a filing officer or filing official to comply with a duty or to provide notice of a filing or disclosure obligation does not affect a person's duty to file statements and reports disclosing information, as required by the act or any enforceable conflict of interest code. This bill would codify this regulation. (3) The act defines "immediate family" as the spouse and dependent children. An existing regulation adopted by the Commission defines "spouse" to include registered domestic partners recognized by state law. This bill would codify this regulation. (4) The act requires all committees to have a treasurer, who must authorize all expenditures made by or on behalf of the committee. An existing regulation adopted by the Commission permits recipient committees, as defined in the act, to designate one assistant treasurer, who may sign and verify campaign statements on behalf of the committee under certain circumstances. This bill would codify this regulation and make other conforming changes. (5) The act requires lobbying firms and lobbyist employers to file a registration statement with the Secretary of State, as specified. An existing regulation adopted by the Commission extends the filing requirements of lobbyist employers to lobbying coalitions, which are defined as a group of 10 or more persons formed primarily to influence legislative or administrative action, whose members make payments to the coalition for sharing the expenses of employing a lobbyist or contracting for the services of a lobbying firm. The regulation also specifies that a bona fide federation, confederation, or trade, labor, or membership organization is not a lobbying coalition if it is ongoing in nature and its membership services are not limited to influencing legislative or administrative action. This bill would codify this regulation. (6) The act requires lobbying firms and specified lobbyist employers to register with the Secretary of State, unless specified exceptions apply. Individual lobbyists must submit a lobbyist certification as part of this registration. Certain lobbyist employers are not required to register with the Secretary of State, but must file statements pursuant to the act. An existing regulation adopted by the Commission additionally requires that lobbyist employers who are not required to register with the Secretary of State must complete a written authorization for a lobbying firm to engage in activities on its behalf, which must be filed with the lobbying firm's registration, and maintain records and file quarterly reports. This bill would revise and recast these provisions of the act and codify the Commission's regulation. (7) The act requires elected officials to file statements disclosing the official's investments, interests in real property, and income. The interests in real property that must be disclosed include leasehold interests. An existing regulation adopted by the Commission specifies the information that must be provided whenever an official must disclose a leasehold interest. This bill would codify this regulation. (8) The act prohibits specified public officials from receiving gifts from any single source in any calendar year with a total value of more than two hundred fifty dollars ($250) , as adjusted biennially for inflation. An existing regulation adopted by the Commission specifies that a gift is both "received" and "accepted" when the public official, or the official's immediate family member, knowingly takes actual possession of the gift, is provided the benefit of the gift, or takes any action exercising direction or control over the gift. This bill would codify this regulation. (9) The act requires that audits and investigations of lobbying firms and lobbyist employers be performed on a biennial basis and cover reports filed during a period of two years, as specified. An existing regulation adopted by the Commission incorporates this requirement and provides further detail regarding the scope of the audits and investigations required by the act. This bill would codify this regulation. (10) This bill would make various other technical, nonsubstantive changes to provisions of the act. (11) Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. (12) 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. (13) 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.