To register as a lobbyist in San Benito County, California, you must meet the threshold requirements specified in the ordinance and follow these steps:

1. Determine Your Lobbyist Type: Identify which category you fall under: Contract Lobbyist, In-House Lobbyist, Expenditure Lobbyist, or Land Use Lobbyist.
2. Obtain the Lobbyist Registration form: Download the application form from the San Benito County Clerk-Recorder's official website.
3. Complete the Application: Fill out the application form accurately and completely, providing all the required information. This includes your contact information, business details, client information (if applicable), and a description of your lobbying activities.
4. Pay the Registration Fee: Include the initial registration fee of $250.00 with your application.
5. Submit the Application: File the completed application and payment with the San Benito County Clerk-Recorder's office in person or by mail.

Additional Considerations:

• Quarterly Reports: After initial registration, you must file quarterly disclosure reports with the Clerk-Recorder within 15 days of the end of each quarter.
  • First Quarter: January 1 through March 31, due April 15.
  • Second Quarter: April 1 through June 30, due July 15
  • Third Quarter: July 1 through September 30, due October 15
  • Fourth Quarter: October 1 through December 31.  Filed by filing the Annual Renewal
• Annual Renewal: Renew your registration annually by January 15th by filing a Lobbyist Disclosure Report and paying the renewal fee of $125.00.
• Land Use Lobbyists: If you are a Land Use Lobbyist, you will have additional reporting requirements, including detailed information about your activities related to specific land use projects.

Initial Filing

• Triggering Events:
• Accepting employment or contracting as a lobbyist.
• Meeting the threshold requirements for any of the lobbyist categories (Contract Lobbyist, In-House Lobbyist, Expenditure Lobbyist, or Land Use Lobbyist).
• Filing Deadline: Within ten (10) days of the triggering event.
• Filing Requirements:
• File an initial Lobbyist Initial/Renew Application with the County Clerk-Recorder.
• Pay the initial registration fee of $250.00.

Quarterly Reporting

• Filing Deadline: Every quarter, no later than 15 days after the end of each quarter.
• Filing Requirements:
• For General Lobbyists, file a General Lobbyist Quarterly Report with the County Clerk-Recorder, even if no lobbying activities occurred.
• For Land Use Lobbyists, file a Land Use Lobbyist Quarterly Report with the County Clerk-Recorder, even if no lobbying activities occurred.
• Report on contacts with County officials, issues discussed, and any compensation provided.

Annual Renewal

• Renewal Deadline: January 15th each year. 
• Renewal Process: File a Lobbyist Initial/Renew Application with with the County Clerk-Recorder.
• Renewal Fee: $125.00

Late Renewal

• Late Fee: A late registration fee is assessed for each day past the renewal deadline until the fee is paid.
• Maximum Late Fee: The late fee cannot exceed 100% of the unpaid renewal fee.

Termination of Registration

• Termination Process: File a written declaration with the County Clerk-Recorder stating the intention to terminate registration.
• Final Report: Submit a final Lobbyist Disclosure Report covering activities up to the termination date.
• Timing: Termination must occur before the annual renewal date (January 15th) to avoid the renewal requirement.

Land Use Lobbyist Updates:

• Triggering Event: Any meeting or public hearing where an action relating to a major land use approval will be on the agenda.
• Filing Deadline: At least two (2) days, but not more than twenty-one (21) days, before the meeting or public hearing.
• Filing Requirements: File  a Land Use Lobbyist Update with the County Clerk-Recorder, including information on recent activities, contacts, and expenditures related to the land use project.

Key Points to Remember

• Ongoing Obligations: Lobbyists have ongoing obligations to file reports throughout the year, including quarterly reports and updates for Land Use Lobbyists.
• Timely Filing & Renewal: Adhere to all filing deadlines to avoid late fees and potential penalties.
• Accurate Reporting: Ensure all disclosure reports are accurate and complete, as they are subject to verification.

 The San Benito County Clerk-Recorder plays a crucial role in enforcing the Lobbyist Ordinance. Here's a breakdown of their key enforcement authorities:

• Registration & Disclosure:
• Receive and Process Applications: The Clerk-Recorder is the designated office for receiving and processing all lobbyist registration applications and subsequent filings (quarterly reports, annual renewals).
• Maintain Records: They are responsible for maintaining accurate and up-to-date records of all registered lobbyists and their activities. This includes the information submitted on the Lobbyist Disclosure Reports.
• Provide Public Access: The ordinance mandates that the Clerk-Recorder make a list of registered lobbyists publicly available. This promotes transparency and allows for public scrutiny of lobbying activities.
• Fee Collection: The Clerk-Recorder is responsible for collecting all registration fees, renewal fees, and any applicable late fees.
• Enforcement of Filing Deadlines: They are tasked with ensuring compliance with all filing deadlines for registrations, renewals, and quarterly reports.
• Investigation and Enforcement of Violations: While not the primary investigative body, the Clerk-Recorder likely has the authority to:
• Identify potential violations: By reviewing submitted reports and comparing them against the ordinance's requirements.
• Issue notices of violations: To lobbyists who have failed to comply with the ordinance's provisions.
• Assess administrative fines: For negligent and unintentional violations, as outlined in the ordinance.
• Maintain a Public Record of Violations: The ordinance requires the Clerk-Recorder to maintain and publish a list of lobbyists who have received notices of violations or paid fines. This public record serves as a deterrent and further promotes transparency.

Important Note: While the Clerk-Recorder has significant enforcement authority, the ordinance may also empower other county officials or departments, such as the County Counsel, to investigate and pursue more serious violations or legal action.

By fulfilling these responsibilities, the County Clerk-Recorder plays a vital role in ensuring the integrity and transparency of the lobbying process within San Benito County.

Registration Fees:

• Initial Registration: $250.00
• Annual Renewal: $125.00

Late Fees:

• Late Registration Fee: Assessed daily until the registration fee is paid in full, up to a maximum of 100% of the unpaid fee.
• Late Quarterly Disclosure Fee: $10 per day per violation.

Fines for Violations:

• Negligent and Unintentional Violations:
• First violation: Up to $250.00
• Second violation (within two years): Up to $500.00
• Third or subsequent violation (within two years): Up to $1,000.00
• Willful, Knowing, or Intentional Violations:
• Civil penalties of up to $5,000.00 per violation, or the amount of compensation received for the lobbying activity, whichever is greater.

Important Notes:

• These fees and fines are subject to change.
• The County Clerk-Recorder will post a list of lobbyists who have received notices or paid fines for violations on the County website.

The San Benito County Lobbyist Ordinance has provisions for dealing with lobbyists who fail to file or comply with the requirements:

• Non-filing:
• Late Fees: Lobbyists who fail to file quarterly disclosure reports on time are subject to late fees of $10 per day per violation.
• Potential Penalties: Continued failure to file may lead to more serious consequences, including:
• Administrative Fines: For negligent and unintentional violations, fines can range from $250 to $2,000 depending on the number of violations.
• Civil Penalties: For willful, knowing, or intentional violations, civil penalties of up to $5,000 per violation or the amount of compensation received for the lobbying activity may be imposed.
• Disclosure of Non-Compliance:
• Public List: The County Clerk-Recorder is required to post on the County website a list of all lobbyists who have received notices or paid fines for violating the provisions of the ordinance within the previous four years. This public disclosure serves as a deterrent and increases transparency regarding compliance with the ordinance.

Key Takeaways:

• Consequences: Non-compliance with the ordinance can have serious consequences, including fines and public disclosure of violations.
• Importance of Compliance: It is crucial for lobbyists to understand and comply with all registration, reporting, and disclosure requirements to avoid penalties and maintain a positive professional reputation.

The San Benito County Lobbyist Ordinance exempts certain individuals and entities from the registration and reporting requirements. Here are some of the key exemptions:

• Public Officials: Public officials acting in their official capacities are generally exempt.
• News Media: Individuals engaged solely in publishing or broadcasting news items, editorials, or commentary are exempt.
• County Employees: County employees acting within the scope of their employment are generally exempt.
• CEQA Consultants: Individuals preparing documents for approval by the County under the California Environmental Quality Act (CEQA) are exempt.
• Business Owners (with limitations): Business owners may be exempt under certain conditions, such as if they do not retain other individuals to lobby and their own lobbying activities are limited.
• General Public Participation: Individuals who primarily engage in public participation activities such as attending public meetings, submitting written testimony, or preparing documents for public meetings are generally exempt.
• Contract Bidders: Individuals submitting bids on competitively bid contracts are generally exempt.
• Whistleblowers: Individuals lodging "whistleblower" complaints are exempt.
• Attorneys, Architects, etc.: Professionals licensed to practice in California (such as attorneys, architects, engineers) are generally exempt when acting within the scope of their professional duties.
• Non-profit Organizations: Uncompensated members of non-profit organizations may be exempt under certain conditions.
• Neighborhood Associations: Members of neighborhood associations and similar groups may be exempt.
• Labor Unions: Individuals representing labor unions in collective bargaining matters may be exempt.

Important Notes:

• These are general exemptions, and there may be specific conditions or limitations that apply.
• It is crucial to carefully review the full text of the San Benito County Lobbyist Ordinance to determine if you or your organization qualifies for an exemption.

The San Benito County ordinance distinguishes between general lobbyists and land use lobbyists, with the latter subject to more stringent reporting requirements. Here's a breakdown of the key differences:

General Lobbyist:

• Broader Scope: May attempt to influence a wide range of County actions, including legislation, administrative decisions, and policy changes.
• Reporting Requirements: Generally required to register, disclose clients, and report on their lobbying activities.
• Less Stringent Reporting: Reporting requirements are generally less detailed than those for land use lobbyists.

Land Use Lobbyist:

• Specific Focus: Primarily focuses on influencing major land use decisions within the County.
• Higher Threshold: Must meet a higher threshold for registration, either by spending $5,000 or more or dedicating 10 or more hours of compensated time to influencing a major land use approval.
• More Detailed Reporting: Required to provide significantly more detailed information about their activities, including:
• Specific land use projects they are influencing.
• Detailed summaries of their activities (reports, events, contacts).
• Amounts spent on lobbying efforts.
• Payments made to other entities.
• Contacts with public officials.
• Clients they represent.
• More Frequent Reporting: Required to update their reports before any meetings or hearings related to the land use project they are influencing.

In essence:

• General lobbyists operate within a broader scope and have less stringent reporting requirements.
• Land use lobbyists focus specifically on major land use decisions and are subject to more detailed and frequent reporting obligations.

This distinction aims to enhance transparency and public understanding of the influences at play in significant land use decisions within San Benito County.

Who is considered a Land Use Lobbyist?

• Anyone spending $5,000 or more in a year to influence a major land use approval.
• Anyone spending 10 or more hours of paid time in a year trying to influence a major land use approval.

What are major land use approvals?

• Projects affecting over 25,000 square feet of buildings in unincorporated areas.
• Surface mining operations disturbing over 25,000 square feet of land.
• Major subdivisions as defined in the County Code.

What are the specific requirements for Land Use Lobbyists?

• They must register with the County and provide detailed reports about their activities, including:
• Description of the land use approval they are trying to influence.
• Summary of their activities (reports, events, ads, contacts with officials).
• Total amount spent (excluding employee compensation).
• Payments of $500 or more to any entity.
• Details of contacts with public officials.
• The client they represent (if any).
• They must update their reports before any meetings or hearings where the land use approval is on the agenda.

Exemptions:

• Some exemptions that apply to other types of lobbyists don't apply to land use lobbyists. This ensures greater transparency in land use decisions.

Enforcement:

• The ordinance has provisions for penalties for violations, ensuring compliance with these rules.

Overall, this section aims to:

• Increase transparency in land use decisions by making it clear who is trying to influence them and how.
• Help the public and County officials understand the interests behind major land use projects.
• Maintain a fair and open process for land use decisions in San Benito County.

Based on the requirement that Land Use Lobbyists must file their reports at least two (2) days, but not more than twenty-one (21) days, before any meeting or public hearing.

Scenario 1: Pre-Meeting Advocacy for a Winery Project

• Situation: A land use lobbyist representing a winery developer has been actively advocating for the approval of a proposed winery expansion project.
• Pre-Meeting Activities: The lobbyist has:
• Met with members of the Planning Commission to discuss the project's benefits and address concerns.
• Provided the Commission with a detailed report on the economic impact of the expansion.
• Organized a meeting between the developer and local residents to discuss concerns about traffic and noise.
• Prepared a presentation for the Planning Commission meeting.
• Post-Meeting Filing: At least two (2) days, but not more than twenty-one (21) days, before the Planning Commission meeting, the lobbyist must file an updated report with the County Clerk-Recorder. This report should include:
• A summary of the pre-meeting activities.
• A list of all contacts with Planning Commission members.
• A list of any documents submitted to the Commission.
• A statement of any expenses incurred in connection with these activities.

Scenario 2: Opposition to a Proposed Development

• Situation: A land use lobbyist representing a neighborhood association is opposing a proposed development that would increase traffic congestion in their area.
• Pre-Meeting Activities: The lobbyist has:
• Organized a petition against the development, gathering signatures from local residents.
• Met with County staff to express concerns about the project's potential impacts on traffic, safety, and quality of life.
• Prepared a presentation for the Board of Supervisors meeting outlining the neighborhood's opposition.
• Distributed flyers to residents informing them about the upcoming meeting and urging them to attend.
• Post-Meeting Filing: At least two (2) days, but not more than twenty-one (21) days, before the Board of Supervisors meeting, the lobbyist must file an updated report with the County Clerk-Recorder. This report should include:
• A summary of the pre-meeting activities, including the number of signatures collected on the petition.
• A list of contacts with County staff and Supervisors.
• A description of any materials distributed to residents.
• A statement of any expenses incurred in connection with these activities.

Scenario 3: Supporting a Zoning Code Amendment

• Situation: A land use lobbyist representing a local business organization is advocating for a zoning code amendment that would allow for the development of small-scale businesses in a currently restricted area.
• Pre-Meeting Activities: The lobbyist has:
• Met with the County Planning Director to discuss the proposed amendment and its potential benefits.
• Provided the Planning Department with data and research supporting the need for the amendment.
• Organized a meeting between business owners and County staff to discuss the proposed changes.
• Prepared a presentation for the Planning Commission meeting highlighting the economic benefits of the amendment.
• Post-Meeting Filing: At least two (2) days, but not more than twenty-one (21) days, before the Planning Commission meeting, the lobbyist must file an updated report with the County Clerk-Recorder. This report should include:
• A summary of the pre-meeting activities.
• A list of contacts with County staff and Planning Commissioners.
• A description of any data or research submitted to the County.
• A statement of any expenses incurred in connection with these activities.

These scenarios now accurately reflect the requirement for Land Use Lobbyists to file their reports within the specified timeframe before the relevant meeting.

To further assist current and potential lobbyists in navigating the San Benito County Lobbyist Ordinance, San Benito County Clerk's office will conduct annual formal training sessions. These sessions will provide in-depth guidance on the ordinance's requirements, including registration procedures, reporting obligations, and best practices for compliance.

However, we understand that questions may arise at any time. Therefore, our office is always available to assist lobbyists. Please do not hesitate to contact us with any questions you may have regarding the ordinance, the application process, or any other related matter. You can call our office at 831-636-4029 or visit us at 1601 Lana Way, Hollister, CA 95023. We are here to help ensure your compliance and facilitate a smooth and transparent lobbying process.