Bill Text

Bill Information

Add To My Favorites | print page

SB-1118 Political Reform Act of 1974: contributions: disclosure.(2009-2010)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
SB1118:v95#DOCUMENT

Amended  IN  Senate  June 16, 2010
Amended  IN  Senate  May 27, 2010
Amended  IN  Senate  April 28, 2010
Amended  IN  Senate  April 08, 2010

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Senate Bill No. 1118


Introduced  by  Senator Ashburn

February 17, 2010


An act to add Section 84207 to the Government Code, relating to the Political Reform Act of 1974, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 1118, as amended, Ashburn. Political Reform Act of 1974: contributions: disclosure.
Existing law, the Political Reform Act of 1974, requires reporting of contributions made to a candidate for elective state office. Certain contributions are required to be reported to the Secretary of State within 24 hours.
This bill would require the Governor or a Member of the Legislature during a specified state budget time period or a specified period before or after the end of the first year or 2nd year of a legislative session to file online a report disclosing a separate contribution exceeding $1,000 within 24 hours of the time the contribution is received. The bill would require the Fair Political Practices Commission to issue a reporting calendar by January 15 of each year which delineates the new reporting periods.
Existing law makes a violation of the act subject to administrative, civil, and criminal penalties.
By subjecting persons who violate these provisions to criminal penalties, the bill would impose 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.
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 and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 84207 is added to the Government Code, to read:

84207.
 (a) In Beginning January 1, 2011, in addition to any other report required by this title, the Governor and any Member of the Legislature who receives a contribution or contributions from a person as specified in subdivision (b) shall file online or electronically with the Secretary of State a report disclosing receipt of each separate contribution of more than one thousand dollars ($1,000). The report shall disclose the same information required by subdivision (a) of Section 84203 and shall be filed within 24 hours of receipt of the contribution.
(b) Subdivision (a) applies to contributions made as follows:
(1) A contribution made to the Governor or a Member of the Legislature during the time period between the date in May that the Director of Finance, pursuant to subdivision (d) of Section 13308, or a successor statute, provides to the Legislature a revised estimate of the General Fund revenues for the current fiscal year and the ensuing fiscal year, any proposals to reduce expenditures based on that estimate, and any proposed adjustments to the Governor’s Budget, and the date of the enactment of the Budget Bill for the fiscal year commencing the following July 1.
(2) A contribution made to the Governor or a Member of the Legislature during the 15-day period before the date scheduled for the Legislature to adjourn in joint recess to reconvene in the second calendar year of the biennium of the legislative session or during the 15-day period before September 1 of the second calendar year of the biennium of the legislative session.
(3) A contribution made to the Governor during the 30-day period following the date the Legislature adjourns in joint recess to reconvene in the second calendar year of the biennium of the legislative session or during the 30-day period following September 1 of the second calendar year of the biennium of the legislative session.
(c) The commission shall issue a reporting calendar no later than January 15 of each year which delineates the reporting periods required by this section.
(d) A contribution that is required to be reported within 24 hours of the receiving of that contribution pursuant to any other provision of law, is not required to be reported again pursuant to this section.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

SEC. 3.

 The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.

SEC. 4.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order for state agencies to meet critical deadlines established by this legislation, it is necessary that this act take effect immediately.