BILL NUMBER: SB 1741	CHAPTERED  08/14/02

	CHAPTER  211
	FILED WITH SECRETARY OF STATE  AUGUST 14, 2002
	APPROVED BY GOVERNOR  AUGUST 13, 2002
	PASSED THE ASSEMBLY  JULY 3, 2002
	PASSED THE SENATE  APRIL 25, 2002

INTRODUCED BY   Senator Johnson

                        FEBRUARY 21, 2002

   An act to amend Section 84203 of the Government Code, relating to
the Political Reform Act of 1974.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1741, Johnson.  Political Reform Act of 1974:  campaign
statements.
   Under the existing Political Reform Act of 1974, a "late
contribution" means any contribution, including a loan, that totals
$1,000 or more that is made to or received by a candidate, a
controlled committee, or a primarily formed committee, before the
date of the election at which the candidate or measure is to be voted
on, but after the closing date of the last campaign statements
required to be filed before the election.  Existing law requires that
each candidate or committee that makes or receives a late
contribution report the late contribution, as specified, within 24
hours of the time the late contribution is made or received.
   This bill would require the recipient of a late contribution to
report whether the contribution was made in the form of a loan.
  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
with a 2/3 vote of each house and compliance with specified
procedural requirements.  This bill, which would declare that it
furthers the purposes of the act, would therefore require a 2/3 vote.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 84203 of the Government Code is amended to
read:
   84203.  (a) Each candidate or committee that makes or receives a
late contribution, as defined in Section 82036, shall report the late
contribution to each office with which the candidate or committee is
required to file its next campaign statement pursuant to Section
84215.  The candidate or committee that makes the late contribution
shall report his or her full name and street address and the full
name and street address of the person to whom the late contribution
has been made, the office sought if the recipient is a candidate, or
the ballot measure number or letter if the recipient is a committee
primarily formed to support or oppose a ballot measure, and the date
and amount of the late contribution.  The recipient of the late
contribution shall report his or her full name and street address,
the date and amount of the late contribution, and whether the
contribution was made in the form of a loan.  The recipient shall
also report the full name of the contributor, his or her street
address, occupation, and the name of his or her employer, or if
self-employed, the name of the business.
   (b) A late contribution shall be reported by facsimile
transmission, telegram, guaranteed overnight mail through the United
States Postal Service, or personal delivery within 24 hours of the
time it is made in the case of the candidate or committee that makes
the contribution and within 24 hours of the time it is received in
the case of the recipient.  A late contribution shall be reported on
subsequent campaign statements without regard to reports filed
pursuant to this section.
   (c) A late contribution need not be reported nor shall it be
deemed accepted if it is not cashed, negotiated, or deposited and is
returned to the contributor within 24 hours of its receipt.
   (d) A report filed pursuant to this section shall be in addition
to any other campaign statement required to be filed by this chapter.

  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.