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AB-1322 Political Reform Act of 1974: contributions: disclosures.(2009-2010)

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AB1322:v95#DOCUMENT

Amended  IN  Senate  August 18, 2010
Amended  IN  Senate  August 17, 2009
Amended  IN  Senate  June 30, 2009
Amended  IN  Assembly  April 13, 2009

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Assembly Bill
No. 1322

Introduced  by  Assembly Member Huffman
 (Principal Coauthor(s): Senator Ashburn)

February 27, 2009

An act to add Section 9084.1 to the Elections Code, and to amend Section 84506.5 of the Government Code, relating 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


AB 1322, as amended, Huffman. Political Reform Act of 1974: campaign contributions: disclosures.

Existing law, the Political Reform Act of 1974 (the PRA), requires that an advertisement supporting or opposing a candidate that is paid for by an independent expenditure committee contain a statement that the advertisement was not authorized by the candidate. Under existing law, a knowing or willful violation of the PRA is a misdemeanor.

This bill would require that the advertisement identify the name of the independent expenditure committee that purchased it and would, for specified advertisements, additionally require that the disclosure statement identify an Internet Web site address where the committee’s donors are listed. Committees that are required to file electronically with the Secretary of State would be required to list the Secretary of State’s Internet Web site address on their disclosure statements, and a committee that is not required to register electronically would be required to include a Uniform Resource Locator for an Internet Web site address that identifies the committee’s principal officer and lists the information on donors who have contributed $100 or more to the committee, as specified. The bill would authorize the Secretary of State to include information on how voters can determine who is funding campaigns and campaign-related communications on the ballot pamphlet, as long as it can be included without increasing the number of pages and to include a statement describing the types of campaign contributions, applicable contribution limits, and the role of independent expenditures.

Because the bill by adding requirements to the PRA, the violation of which is a crime, would expand the definition of a crime, it would impose a state-mandated local program.

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)  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.
SECTION 1.

The Legislature finds and declares all of the following:

(a)An independent expenditure is a political activity intended to assist or oppose a specific candidate for office which is made without his or her cooperation, approval, or direct knowledge; most commonly, independent expenditures take the form of advertising.

(b)The amount of money expended on independent expenditures communications supporting and opposing candidates for elective office has increased exponentially over the past decade.

(c)In making decisions on which candidates to vote for or against in an election, the voters rely substantially on information such as who is supporting or opposing these candidates.

(d)It is vitally important to the integrity of the electoral process that the voters are informed about the identity of the persons and interests who operate committees making independent expenditures.

SEC. 2.Section 9084.1 is added to the Elections Code, to read:
9084.1.

The Secretary of State may include information in the ballot pamphlet advising voters how to identify who is funding campaigns and campaign-related communications if doing so will not increase the number of pages in the ballot pamphlet. The Secretary of State may include a statement describing the types of campaign contributions, applicable contribution limits, and the role of independent expenditures.

SEC. 3.Section 84506.5 of the Government Code is amended to read:
84506.5.

(a)An advertisement supporting or opposing a candidate that is paid for by an independent expenditure must include a statement that it was not authorized by a candidate or a committee controlled by a candidate and identify the name of the committee that purchased the advertisement. For a mass mailing advertisement or a broadcast advertisement, other than a radio broadcast, the statement shall be in substantially the following form:

“NOTICE OF INDEPENDENT EXPENDITURE: This communication is neither approved nor authorized by any candidate or candidate-controlled committee. It is paid for by COMMITTEE NAME, a committee making independent expenditures. The donors to this committee are listed at www.____.”

(b)For a committee filing electronically with the Secretary of State, the disclosure statement described in subdivision (a) shall list “www.sos.ca.gov” in the Internet Web site blank. For a committee that is not required to file electronically with the Secretary of State, the statement shall include in the Internet Web site blank, a Uniform Resource Locator for an Internet Web site address that lists the committee’s principal officer and the following information about all of the donors who have contributed a cumulative amount of one hundred dollars ($100) or more to the committee making the independent expenditure: name of contributor, payment type, city and state, contribution amount, transaction date, and filing date. The Internet Web site shall be updated to reflect filing updates. If the local agency with which the committee files does not maintain an Internet Web site with the donor information, the committee shall create one.

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.

SEC. 5.

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.