For private entities that pay an in-house or contract lobbyist, the quarterly Form 635 has been revised to require a breakdown in Section D of any payment of $2,500 or more paid for ads or to PR firms or consultants that is made in support of a lobbying effort. The regulation also covers “$5,000 Filers” who do not directly contract with a lobbyist or employ one, but do spend $5,000 to lobby state officials. The new form (in redline format) is attached here: Form 635.

Starting with Form 635 that is due October 31, 2016, the filer now must disclose the:

• Name and business address of the payee;
• Total payments made during the quarter;
• Cumulative amount paid during the calendar year; and
• Primary purpose of the payment, which includes:

Non-Lobbyist Salaries – compensation for employees, other than lobbyists, who spend 10% or more of their time in one month in lobbying activities;

Lobbyist Expenses – goods or services used by the lobbyist, or used to support or assist the lobbyist, and paid by the filer directly or through the lobbying firm;

Legislative-related services – researching, monitoring, analyzing or drafting bills or regulations, or recommending strategy, providing advice or similar services concerning pending or proposed legislation or regulations;

Consultants & Government Relations – payments to a business or individual, other than lobbyists, to provide governmental consulting, advocacy or strategy;

Public Affairs – coalition building, grassroots campaigns and public policy initiatives including news releases, media campaigns, literature and mailings, canvassing and special events;

Advertising – billboards, print media, radio, television, texts, email and other electronic advertising;

Research – feasibility studies, analysis, polling, and public opinion research;

Lobbying Events – event planning, rentals, equipment and transportation for members of organizations or the public to meet public officials, hold rallies or attend hearings to influence legislative or regulations.

Questions? Please contact Steve Churchwell at steve@whitebrennerllp.com or (916) 468-0945.