Bill Text

Bill Information


PDF |Add To My Favorites | print page

AB-3078 Political Reform Act of 1974: behested payments.(2019-2020)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 02/21/2020 09:00 PM
AB3078:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3078


Introduced by Assembly Member Cristina Garcia

February 21, 2020


An act to amend Section 84224 of the Government Code, relating to the Political Reform Act of 1974.


LEGISLATIVE COUNSEL'S DIGEST


AB 3078, as introduced, Cristina Garcia. Political Reform Act of 1974: behested payments.
The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures and imposing other reporting and recordkeeping requirements on elected officials and campaign committees. The act defines a behested payment as a payment that is made at the behest of a committee, an elected officer, a member of the Public Utilities Commission, or an agent thereof, under specified circumstances, including a payment that is made principally for personal, legislative, or governmental purposes and that is unrelated to an officer’s seeking or holding elective office. The act requires elected officials and members of the Public Utilities Commission to report to the Fair Political Practices Commission behested payments from a single source that, in the aggregate, equal or exceed $5,000 in a calendar year. The act requires that report to be made within 30 days of the date that the payments equal or exceed that amount.
This bill would provide that an elected officer or member of the Public Utilities Commission is not required to report payments made in response to an invitation to an event hosted by a nonprofit organization unless the elected officer or member of the Public Utilities Commission, or an agent thereof, makes a direct written or verbal request for a payment for a legislative, governmental, or charitable purpose. The bill would specify that an elected officer or member of the Public Utilities Commission is not considered to have made a direct written request solely because the name, signature, photograph, or similar identifying information of the elected officer or member of the Public Utilities Commission is included in the invitation to the event.
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 of the Legislature 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 84224 of the Government Code is amended to read:

84224.
 (a) A behested payment described in subdivision (b) shall be reported within 30 days following the date on which the payment or payments equal or exceed five thousand dollars ($5,000) in the aggregate from the same source in the same calendar year in which they are made. The report shall be filed by the behesting officer or member of the Public Utilities Commission with the officer’s or member’s agency and is a public record subject to inspection and copying pursuant to Section 81008. The report shall contain all of the following information: name of payor; address of payor; amount of the payment or payments; date or dates the payment or payments were made; the name and address of the payee; a brief description of the goods or services provided or purchased, if any; and a description of the specific purpose or event for which the payment or payments were made. Once the five-thousand-dollar ($5,000) aggregate threshold from a single source has been reached for a calendar year, all payments for the calendar year made by that source shall be disclosed within 30 days after the date the threshold was reached or the payment was made, whichever occurs later. Within 30 days after receipt of the report, state agencies, including the Public Utilities Commission, shall forward a copy of these reports to the Fair Political Practices Commission, and local agencies shall forward a copy of these reports to the officer with whom elected officers of that agency file their campaign statements.
(b) The Except as provided in subdivision (c), the reporting requirement imposed by this section applies to a behested payment that satisfies each of the following:
(1) The payment is made at the behest of an elected officer or member of the Public Utilities Commission.
(2) The behesting elected officer or member of the Public Utilities Commission does not provide full and adequate consideration in exchange for the payment.
(3) The payment is made principally for a legislative, governmental, or charitable purpose.
(4) If made principally for a legislative or governmental purpose, the payment is made by a person other than a state, local, or federal governmental agency.
(c) This section does not require an elected officer or member of the Public Utilities Commission to report payments made in response to an invitation to an event hosted by a nonprofit organization that is exempt from taxation under Section 501 of the Internal Revenue Code, including an invitation that solicits funds for the organization, unless, in addition to meeting the requirements in subdivision (b), the elected officer or member of the Public Utilities Commission, or an agent thereof, makes a direct written or verbal request for a payment for a legislative, governmental, or charitable purpose. For purposes of this subdivision, an elected officer or member of the Public Utilities Commission shall not be considered to have made a direct written request solely because the name, signature, photograph, or similar identifying information of the elected officer or member of the Public Utilities Commission is included in the invitation to the event.

SEC. 2.

 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.