BILL NUMBER: AB 1181 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Huber
FEBRUARY 27, 2009
An act to amend Sections 84203, 84204, and 84605 of the Government
Code, relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 1181, as introduced, Huber. Political Reform Act of 1974:
statements and reports.
(1) The Political Reform Act of 1974 requires a candidate or
committee that makes or receives a late contribution, or a committee
that makes a late independent expenditure, to report the contribution
or expenditure by specified means. The act requires the late
contribution or the late independent expenditure to be reported by
facsimile transmission, guaranteed overnight delivery, or personal
delivery within 24 hours of the time the contribution or independent
expenditure is made. The act also requires certain of these types of
contributions and expenditures to be reported online.
This bill would provide that if a late contribution or late
independent expenditure is required to be reported to the Secretary
of State, the report to the Secretary of State shall be by online or
electronic transmission only.
(2) The act requires that specified persons or entities
periodically file reports online or electronically with the Secretary
of State, including any general purpose committee that cumulatively
has received contributions or made expenditures totaling $50,000 or
more, and any slate mailer organization with cumulative reportable
payments received or made for purposes of producing slate mailers of
$50,000 or more.
The bill would delete these requirements and instead provide that
a statement, report, or other document required to be filed with the
Secretary of State pursuant to specified provisions of the act be
filed with the Secretary of State by online or electronic
transmission. The bill would provide that this provision does not
apply to a statement of organization filed by a local committee. The
bill would also provide that if a person files a report or other
document, as specified, with the Secretary of State by online or
electronic means, the person would also be required to file, in paper
format, the original and one copy of that report or other document
with the Secretary of State. The bill would provide that the paper
original of the report or other document shall continue to be the
official filing for audit and other legal purposes until the
Secretary of State determines, subject to conditions established by
the Secretary of State, that the online and electronic disclosure
systems are operating securely and effectively. By imposing criminal
penalties on filers who fail to comply with these requirements, the
bill would impose a state-mandated local program.
(3) 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.
(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.
State-mandated local program: yes.
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, guaranteed overnight delivery, 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. If a late
contribution is required to be reported to the Secretary of State,
the report to the Secretary of State shall be by online or electronic
transmission only. 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.
(e) The report required pursuant to this section is not required
to be filed by a candidate or committee that has disclosed the late
contribution pursuant to subdivision (a) or (b) of Section 85309.
SEC. 2. Section 84204 of the Government Code is amended to read:
84204. (a) A committee that makes a late independent expenditure,
as defined in Section 82036.5, shall report the late independent
expenditure by facsimile transmission, guaranteed overnight delivery,
or personal delivery within 24 hours of the time it is made. If
a late independent expenditure is required to be reported to the
Secretary of State, the r eport to the Secretary of State
shall be by online or electronic transmission only. A late
independent expenditure shall be reported on subsequent campaign
statements without regard to reports filed pursuant to this section.
(b) A committee that makes a late independent expenditure shall
report its full name and street address, as well as the name, office,
and district of the candidate if the report is related to a
candidate, or if the report is related to a measure, the number or
letter of the measure, the jurisdiction in which the measure is to be
voted upon, and the amount and the date, as well as a description of
goods or services for which the late independent expenditure was
made. In addition to the information required by this subdivision, a
committee that makes a late independent expenditure shall include
with its late independent expenditure report the information required
by paragraphs (1) to (5), inclusive, of subdivision (f) of Section
84211, covering the period from the day after the closing date of the
last campaign report filed to the date of the late independent
expenditure, or if the committee has not previously filed a campaign
statement, covering the period from the previous January 1 to the
date of the late independent expenditure. No information required by
paragraphs (1) to (5), inclusive, of subdivision (f) of Section 84211
, that is required to be reported with a late
independent expenditure report by this subdivision ,
is required to be reported on more than one late
independent expenditure report.
(c) A committee that makes a late independent expenditure shall
file a late independent expenditure report in the places where it
would be required to file campaign statements under this article as
if it were formed or existing primarily to support or oppose the
candidate or measure for or against which it is making the late
independent expenditure.
(d) A report filed pursuant to this section shall be in addition
to any other campaign statement required to be filed by this article.
(e) Expenditures that have been disclosed by candidates and
committees pursuant to Section 85500 are not required to be disclosed
pursuant to this section.
SEC. 3. Section 84605 of the Government Code is amended to read:
84605. Beginning on July 1, 2000, and for all applicable
reporting periods thereafter, the following persons shall file
online or electronically with the Secretary of State:
(a) Any candidate, including appellate court and Supreme Court
candidates and officeholders, committee, or other persons who are
required, pursuant to Chapter 4 (commencing with Section 84100), to
file statements, reports, or other documents in connection with a
state elective office or state measure, provided that the total
cumulative reportable amount of contributions received, expenditures
made, loans made, or loans received is fifty thousand dollars
($50,000) or more. In determining the cumulative reportable amount,
all controlled committees, as defined by Section 82016, shall be
included. For a committee subject to this title prior to January 1,
2000, the beginning date for calculating cumulative totals is January
1, 2000. For a committee that is first subject to this title on or
after January 1, 2000, the beginning date for calculating cumulative
totals is the date the committee is first subject to this title. A
committee, as defined in subdivision (c) of Section 82013, shall file
online or electronically if it makes contributions of fifty thousand
dollars ($50,000) or more in a calendar year.
(b) Any general purpose committees, as defined in Section 82027.5,
including the general purpose committees of political parties, and
small contributor committees, as defined in Section 85203, that
cumulatively receive contributions or make expenditures totaling
fifty thousand dollars ($50,000) or more to support or oppose
candidates for any elective state office or state measure. For a
committee subject to this title prior to January 1, 2000, the
beginning date for calculating cumulative totals is January 1, 2000.
For a committee that first is subject to this title on or after
January 1, 2000, the beginning date for calculating cumulative totals
is the date the committee is first subject to this title.
(c) Any slate mailer organization with cumulative reportable
payments received or made for the purposes of producing slate mailers
of fifty thousand dollars ($50,000) or more. For a slate mailer
organization subject to this title prior to January 1, 2000, the
beginning date for calculating cumulative totals is January 1, 2000.
For a slate mailer organization that first is subject to this title
on or after January 1, 2000, the beginning date for calculating
cumulative totals is the date the organization is first subject to
this title.
(d) Any lobbyist, lobbying firm, lobbyist employer or other
persons required, pursuant to Chapter 6 (commencing with Section
86100), to file statements, reports, or other documents, provided
that the total amount of any category of reportable payments,
expenses, contributions, gifts, or other items is five thousand
dollars ($5,000) or more in a calendar quarter.
(e) The Secretary of State shall also disclose on the Internet any
late contribution or late independent expenditure report, as defined
by Sections 84203 and 84204, respectively, not covered by
subdivision (a), (b), or (c).
(f) Committees and other persons that are not required to file
online or electronically by this section may do so voluntarily.
(g) Once a person
or entity is required to file online or electronically, subject to
subdivision (a), (b), (c), (d), or (f), the person or entity shall be
required to file all subsequent reports online or electronically
(a) (1)
Except as described in paragraph (2), a statement, report, or other
document required to be filed with the Secretary of State pursuant to
Chapter 4 (commencing with Section 84100), Chapter 5 (commencing
with Section 85100), or Chapter 6 (commencing with Section 86100)
shall be filed with the Secretary of State by online or electronic
transmission .
(2) This subdivision does not apply to a statement of organization
required to be filed by a local committee.
(h)
(b) It shall be presumed that online or
electronic filers file under penalty of perjury.
(c) Except for filings in connection with a local office or a
filing made pursuant to Section 84203, 84204, 84204.5, 84220, 85309,
85310, or 85500, if a person files a report or other document
required by Chapter 4 (commencing with Section 84100) or Chapter 5
(commencing with Section 85100) with the Secretary of State by online
or electronic means, the person shall also file, in paper format,
the original and one copy of that report or other document with the
Secretary of State. Each person who is required, pursuant to Section
81004, to verify the contents of the report or other document shall
manually and personally sign the original of the report or other
document in ink. The original and copy of the report shall contain
all of the data set forth in the online or electronic version of that
report or other document. Except for documents related to a local
elective office filed by a candidate for local elective office who is
a candidate for elective state office, a copy of a document filed
with the Secretary of State by online or electronic means shall not
be filed with a local filing officer. The paper original of the
report or other document shall remain the official filing for audit
and other legal purposes until the Secretary of State determines,
pursuant to Section 84606 and subject to conditions established by
the Secretary of State, that the online and electronic disclosure
systems are operating securely and effectively.
(i) Persons filing online or electronically shall also continue to
file required disclosure statements and reports in paper format. The
paper copy shall continue to be the official filing for audit and
other legal purposes until the Secretary of State, pursuant to
Section 84606, determines the system is operating securely and
effectively.
(j)
(d) The Secretary of State shall maintain at
all times a secured, official version of all original online and
electronically filed statements and reports required by this chapter.
Upon determination by the Secretary of State, pursuant to Section
84606, that the system is operating securely and effectively, this
online or electronic version shall be the official version for audit
and other legal purposes.
SEC. 4. 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. 5. 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.