Political Reform Act of 1974: lobbyist employers: fictitious appearances.

Plain English Breakdown

The bill does not explicitly state that it expands the scope of an existing crime or creates a state-mandated local program, but it is implied by the extension of prohibitions to lobbyist employers.

Political Reform Act of 1974: Rules for Lobbyist Employers

AB-1736 extends rules against creating fake public opinions to people who hire lobbyists.

What This Bill Does

• Adds a rule that stops lobbyist employers from making it look like the public supports or opposes something when they don't.
• Requires real consent for sending messages in someone else's name, even if it’s not a lobbyist but their employer.

Who It Names or Affects

• People and groups that hire lobbyists or lobbying firms.
• Elected state officers, legislative officials, agency officials, and state candidates who might receive fake messages.

Terms To Know

Lobbyist Employer

A person or group that hires one or more lobbyists or contracts with a lobbying firm to work on their behalf.

Fictitious Appearance

Creating the impression that there is public support for or against something when it does not actually exist.

Limits and Unknowns

• Does not specify who will enforce these rules.
• Does not provide details on how violations will be punished beyond saying they are a misdemeanor.

Official Summary Text

AB 1736, as introduced, Pellerin.
Political Reform Act of 1974: lobbyist employers: fictitious appearances.
(1) Existing law, the Political Reform Act of 1974, prohibits a lobbyist or lobbying firm 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 the real person.
The act defines “lobbyist employer” as any person, other than a lobbying firm, who employs one or more lobbyists or contracts for the services of a lobbying firm, as specified.
This bill would extend the above prohibition to lobbyist employers.
(2) 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.
(3) A violation of the Political Reform Act of 1974 is punishable as a misdemeanor. By expanding the scope of a prohibition under the act, the bill would expand the scope of an existing crime and therefore create 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.

Current Bill Text

Download Bill PDF