Frequently Asked Questions about Lobbyist Prohibitions

Frequently Asked Questions about Lobbyist Prohibitions By Chris Micheli

            Does California law prohibit lobbyists from engaging in certain activities? Yes, California’s Political Reform Act contains detailed laws related to lobbyists in Chapter 6, and Article 2 of Chapter 6 deals with Prohibitions and contains Government Code Sections 86201 – 86206.

What is a “gift”? Gov’t Code Section 86201 defines a “gift” to mean a gift made directly or indirectly to any state candidate, elected state officer, or legislative official, or to an agency official of any agency required to be listed on the registration statement of the lobbying firm or the lobbyist employer of the lobbyist.

            What is the limitation on lobbyists and giving gifts? Gov’t Code Section 86203 makes it unlawful for a lobbyist, or lobbying firm, to make gifts to one person aggregating more than $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.

            Is it against the law to receive a prohibited gift? Yes, Gov’t Code Section 86204 makes it unlawful for any person knowingly to receive any gift which is made unlawful by Section 86203.

            Can a candidate or state official be under the personal obligation of a lobbyist? No, Gov’t Code Section 86205 prohibits a lobbyist or a lobbying firm from doing anything with the purpose of placing any elected state officer, legislative official, agency official, or state candidate under personal obligation to the lobbyist, the lobbying firm, or the lobbyist’s or the firm’s employer.

            Can a lobbyist deceive state officials? No, a lobbyist and a lobbying firm are prohibited from deceiving or attempting to deceive any elected state officer, legislative official, agency official, or state candidate with regard to any material fact pertinent to any pending or proposed legislative or administrative action.

            Regarding bill introductions, what is a lobbyist prohibited from doing? A lobbyist or lobbying firm cannot cause or influence the introduction of any bill or amendment for the purpose of thereafter being employed to secure its passage or defeat.

            Can any fictitious appearances be created? No, a lobbyist or lobbying firm is prohibited from attempting to create a fictitious appearance of public favor or disfavor of any proposed legislative or administrative action or to cause any communication to be sent to any elected state officer, legislative official, agency official, or state candidate in the name of any fictitious person or in the name of any real person, except with the consent of such real person.

            Is a lobbyist prohibited from making claims about whom they can control? Yes, a lobbyist or lobbying firm is prohibited from representing falsely, either directly or indirectly, that the lobbyist or the lobbying firm can control the official action of any elected state officer, legislative official, or agency official.

            Can a lobbyist work on a contingency fee basis like their federal counterparts? No, a lobbyist or lobbying firm is prohibited from accepting or agreeing to accept any payment in any way contingent upon the defeat, enactment, or outcome of any proposed legislative or administrative action.

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