BILL NUMBER: AB 1430 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 8, 2007
AMENDED IN ASSEMBLY APRIL 9, 2007
INTRODUCED BY Assembly Member Garrick
( Coauthors: Assembly Members
Adams and Mendoza )
FEBRUARY 23, 2007
An act to amend Section 85703 of the Government Code, relating to
the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 1430, as amended, Garrick. Political Reform Act of 1974:
contribution limitations.
Existing law provides that, for the purposes of contribution
limits imposed by the Political Reform Act of 1974, payments for
communications to an organization's members, employees, shareholders,
or their family members, to support or oppose a candidate or ballot
measure are not contributions or expenditures if not made for general
public advertisements, such as broadcasting, billboards, or
newspaper ads. However, existing law requires that payments by a
political party for communications to registered party members that
would otherwise qualify as contributions or expenditures be reported
in accordance with provisions governing the filing of periodic
campaign reports, and governing the filing of reports online or
electronically with the Secretary of State.
Existing law provides that the Political Reform Act does not
nullify contribution limitations or prohibitions of any local
jurisdiction that apply to elections for local elective office,
except the limitations and prohibitions may not conflict with these
provisions regulating payments for communications.
This bill would provide that certain restrictions and limitations
by a local jurisdiction on payments for a member communication, as
defined, would conflict with these provisions and would be
prohibited.
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. State-mandated
local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 the provisions of Section
85312.
(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
or indirectly 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 its members who are registered with that party.
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.