Bill Text

Bill Information

Add To My Favorites | print page

SB-1001 Political Reform Act of 1974: lobbyists and committees: fees.(2011-2012)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
SB1001:v93#DOCUMENT

Senate Bill No. 1001
CHAPTER 506

An act to amend Section 86102 of, and to add Sections 84101.5 and 84613 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


SB 1001, Yee. Political Reform Act of 1974: lobbyists and committees: fees.
(1) Existing provisions of the Political Reform Act of 1974 require a committee, as defined, to file a statement of organization with the Secretary of State and, as applicable, to file semiannual campaign statements.
This bill would require the Secretary of State to charge each committee that is required to file a statement of organization, and would require each committee to pay, except as specified and subject to specified deadlines, a fee of $50 per year until the committee is terminated.
(2) Existing provisions of the Political Reform Act of 1974 regulate the activities of lobbyists, lobbying firms, and lobbyist employers, as defined, in connection with attempts to influence legislative and administrative action by legislative and other state officials. The act requires that lobbying firms and lobbyist employers register with the Secretary of State, and authorizes the Secretary of State to charge each lobbying firm and lobbyist employer a fee of up to $25 per year for each lobbyist required to be listed on its registration statement.
This bill instead would require the Secretary of State to charge each lobbying firm and lobbyist employer a fee of $50 per year for each lobbyist required to be listed on its registration statement.
(3) This bill would establish the Political Disclosure, Accountability, Transparency, and Access Fund in the State Treasury and require that moneys collected as fees from committees, as described in (1) above, and one-half of fees collected from lobbying firms and lobbyist employers, as described in (2) above, be deposited in this fund. The bill would require that the other 1/2 of the fees collected from lobbying firms and lobbyist employers be deposited in the General Fund. The bill would require that moneys deposited in the Political Disclosure, Accountability, Transparency, and Access Fund be expended for the maintenance, repair, and improvement of the online or electronic disclosure program implemented by the Secretary of State, except that the bill would also allow the Secretary of State to use these moneys for purposes of implementing the bill. The bill would provide that expenditures from this fund for purposes of the maintenance, repair, and improvement of the online or electronic disclosure program are subject to the project approval and oversight process established by the California Technology Agency, as specified.
(4) 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: YES   Local Program: NO  

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


SECTION 1.

 Section 84101.5 is added to the Government Code, to read:

84101.5.
 (a) Notwithstanding Section 81006, the Secretary of State shall charge each committee that is required to file a statement of organization pursuant to subdivision (a) of Section 84101, and each committee that is required to file a statement of organization pursuant to subdivision (a) of Section 84101 shall pay, a fee of fifty dollars ($50) per year until the committee is terminated pursuant to Section 84214.
(b) A committee shall pay the fee prescribed in subdivision (a) no later than 15 days after filing its statement of organization.
(c) (1) A committee annually shall pay the fee prescribed in subdivision (a) no later than January 15 of each year.
(2) A committee that is created and pays the initial fee pursuant to subdivision (b) in the final three months of a calendar year is not subject to the annual fee pursuant to paragraph (1) for the following calendar year.
(3) A committee that existed prior to January 1, 2013, shall pay the fee prescribed in subdivision (a) no later than February 15, 2013, and in accordance with paragraph (1) in each year thereafter. A committee that terminates pursuant to Section 84214 prior to January 31, 2013, is not required to pay a fee pursuant to this paragraph.
(d) (1) A committee that fails to timely pay a fee required by this section is subject to a penalty equal to three times the amount of the fee.
(2) The Commission shall enforce the requirements of this section.

SEC. 2.

 Section 84613 is added to the Government Code, to read:

84613.
 (a) The Political Disclosure, Accountability, Transparency, and Access Fund is hereby established in the State Treasury. Moneys collected pursuant to Section 84101.5 and one-half of the moneys collected pursuant to Section 86102 shall be deposited in the Political Disclosure, Accountability, Transparency, and Access Fund.
(b) (1) Moneys deposited in the Political Disclosure, Accountability, Transparency, and Access Fund are subject to appropriation by the Legislature and shall be expended for the maintenance, repair, and improvement of the online or electronic disclosure program implemented by the Secretary of State pursuant to this chapter.
(2) In addition to paragraph (1), the Secretary of State may also use moneys deposited in the Political Disclosure, Accountability, Transparency, and Access Fund for purposes of implementing the act that added this section.
(c) Any expenditure of moneys from the Political Disclosure, Accountability, Transparency, and Access Fund for the purposes described in paragraph (1) of subdivision (b) is subject to the project approval and oversight process established by the California Technology Agency pursuant to Section 11546.

SEC. 3.

 Section 86102 of the Government Code is amended to read:

86102.
 (a) The Secretary of State shall charge each lobbying firm and lobbyist employer required to file a registration statement under this chapter a fee of fifty dollars ($50) per year for each lobbyist required to be listed on its registration statement.
(b) One-half of the moneys collected pursuant to this section shall be deposited in the Political Disclosure, Accountability, Transparency, and Access Fund, and the other one-half of the moneys shall be deposited in the General Fund.

SEC. 4.

 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.