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AB-2191 Political Reform Act of 1974: county central committees.(2011-2012)

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Assembly Bill No. 2191
CHAPTER 502

An act to amend Section 85703 of, and to add Section 84207 to, the Government Code, relating to the Political Reform Act of 1974.

[ Approved by Governor  September 24, 2012. Filed with Secretary of State  September 24, 2012. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2191, Norby. Political Reform Act of 1974: county central committees.
The Political Reform Act of 1974 requires elected officers, candidates for elective office, and committees to prepare and file various campaign finance reports, as specified.
This bill would exempt an elected member of, or a candidate for election to, a county central committee of a qualified political party who receives contributions of less than $1,000 and who makes expenditures of less than $1,000 in a calendar year from the requirements to file specified campaign statements.
The act imposes limitations on contributions by persons to candidates for elective state office and permits local jurisdictions to impose additional contribution limitations, as specified. The act also authorizes a local agency to impose additional filing requirements on a person, except as specified.
This bill would prohibit a local government agency from imposing any filing requirements on an elected member of, or a candidate for election to, a county central committee of a qualified political party who receives contributions of less than $1,000 and who makes expenditures of less than $1,000 in a calendar year. The bill would also prohibit a local jurisdiction from imposing any contribution limitations or prohibitions on an elected member of, or a candidate for election to, a county central committee of a qualified political party, or on a committee primarily formed to support or oppose a person seeking election to a county central committee of a qualified political party.
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.
Vote: 2/3   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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) An elected member of, or a candidate for election to, a county central committee of a qualified political party who receives contributions of less than one thousand dollars ($1,000) and who makes expenditures of less than one thousand dollars ($1,000) in a calendar year shall not be required to file any campaign statements required by this title.
(b) Notwithstanding Sections 81009.5 and 81013, a local government agency shall not impose any filing requirements on an elected member of, or a candidate for election to, a county central committee of a qualified political party who receives contributions of less than one thousand dollars ($1,000) and who makes expenditures of less than one thousand dollars ($1,000) in a calendar year.

SEC. 2.

 Section 85703 of the Government Code is amended to read:

85703.
 (a) Nothing in this act shall nullify contribution limitations or prohibitions of any local jurisdiction that apply to elections for local elective office, except that these limitations and prohibitions may not conflict with Section 85312. However, a local jurisdiction shall not impose any contribution limitations or prohibitions on an elected member of, or a candidate for election to, a county central committee of a qualified political party, or on a committee primarily formed to support or oppose a person seeking election to a county central committee of a qualified political party.
(b) Limitations and prohibitions imposed by a local jurisdiction on payments for a member communication, as defined in subdivision (c), that conflict with Section 85312 and which are thereby prohibited by subdivision (a) include, but are not limited to, any of the following:
(1) Source restrictions on payments for member communications that are not expressly made applicable to member communications by a state statute or by a regulation adopted by the Commission pursuant to Section 83112.
(2) Limitations on payments to a political party committee for a member communication that are not expressly made applicable to member communications by a state statute or by a regulation adopted by the Commission pursuant to Section 83112.
(3) Limitations on the scope of payments considered directly related to the making of a member communication, including costs associated with the formulation, design, production, and distribution of the communication such as surveys, list acquisition, and consulting fees that are not expressly made applicable to member communications by a state statute or by a regulation adopted by the Commission pursuant to Section 83112.
(c) For purposes of this section, “member communication” means a communication, within the meaning of Section 85312, to members, employees, shareholders, or families of members, employees, or shareholders of an organization, including a communication by a political party to a member who is registered as expressing a preference for that party on his or her affidavit of registration pursuant to Sections 2150, 2151, and 2152 of the Elections Code.

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.