“Gift” as used in this article means 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.
LobbyistsProhibitions
Section § 86201
In this context, a "gift" refers to anything given to a state candidate, elected state officer, legislative official, or agency official that's connected to a lobbying group's required registration.
state candidate elected state officer legislative official
Section § 86203
This law makes it illegal for lobbyists or lobbying firms to give gifts worth more than $10 to any one person in a single month. Additionally, they cannot act as a go-between for giving gifts or organize for someone else to give a gift.
It shall be 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.
lobbyist gifts lobbying restrictions gift limit
Section § 86204
This law states that it is illegal for someone to knowingly accept a gift that is prohibited by another law, which is Section 86203.
It shall be unlawful for any person knowingly to receive any gift which is made unlawful by Section 86203.
unlawful gifts prohibited gifts knowingly receive gifts
Section § 86205
This law outlines what lobbyists and lobbying firms in California cannot do. They cannot try to make officials feel personally obligated to them. They must not deceive officials about important facts related to legislative or administrative actions. They shouldn't cause bills to be introduced just to get hired to influence them. Creating fake appearances of public opinions or sending communications in someone else's name without consent is prohibited. Lobbyists also can't falsely claim they can control officials' decisions. Finally, they can't accept payments that depend on the outcome of legislative or administrative actions.
No lobbyist or lobbying firm shall:
(a)CA Government Code § 86205(a) Do 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.
(b)CA Government Code § 86205(b) Deceive or attempt 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.
(c)CA Government Code § 86205(c) Cause or influence the introduction of any bill or amendment thereto for the purpose of thereafter being employed to secure its passage or defeat.
(d)CA Government Code § 86205(d) Attempt 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.
(e)CA Government Code § 86205(e) Represent 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.
(f)CA Government Code § 86205(f) Accept or agree to accept any payment in any way contingent upon the defeat, enactment, or outcome of any proposed legislative or administrative action.
lobbyist restrictions lobbying ethics personal obligation
Section § 86206
This law says that it's okay for investment managers to pay fees to placement agents for their services, as long as the agents are registered with the Securities and Exchange Commission and regulated by the Financial Industry Regulatory Authority. However, there might be exceptions mentioned in another part of the law (Section 86205, subdivision f).
Nothing in this article prohibits the payment of fees for contractual services provided to an investment manager by a placement agent, as defined in Section 82047.3, who is registered with the Securities and Exchange Commission and regulated by the Financial Industry Regulatory Authority, except as provided in subdivision (f) of Section 86205.
investment manager placement agent contractual services
