BILL NUMBER: AB 1514 CHAPTERED
BILL TEXT
CHAPTER 77
FILED WITH SECRETARY OF STATE JULY 15, 2010
APPROVED BY GOVERNOR JULY 15, 2010
PASSED THE SENATE JUNE 28, 2010
PASSED THE ASSEMBLY JULY 1, 2010
AMENDED IN SENATE MAY 27, 2010
AMENDED IN SENATE AUGUST 26, 2009
AMENDED IN SENATE AUGUST 19, 2009
AMENDED IN SENATE JUNE 17, 2009
AMENDED IN ASSEMBLY APRIL 28, 2009
AMENDED IN ASSEMBLY APRIL 2, 2009
INTRODUCED BY Assembly Member Hayashi
FEBRUARY 27, 2009
An act to amend Section 84218 of the Government Code, relating to
the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 1514, Hayashi. Political Reform Act of 1974: reporting.
The Political Reform Act of 1974 provides for the comprehensive
regulation of campaign financing, including requiring the filing of
reports of contributions and expenditures. Among its provisions, the
act requires a slate mailer organization, as defined, to file
semiannual campaign statements for each 6-month period in which it
has received or expended $500 or more for the production of a slate
mailer.
This bill would require a slate mailer organization to file
semiannual campaign statements for every 6-month period, irrespective
of whether the organization received payments or made expenditures
for that period.
Existing law makes a willful violation of the Political Reform Act
of 1974 a misdemeanor and subjects offenders to criminal penalties.
This bill would impose a state-mandated local program by creating
additional crimes.
This bill would incorporate additional changes in Section 84218 of
the Government Code proposed by AB 1181, that would become operative
only if AB 1181 and this bill are both chaptered and become
effective on or before January 1, 2011, and this bill is chaptered
last.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 84218 of the Government Code is amended to
read:
84218. (a) A slate mailer organization shall file semiannual
campaign statements no later than July 31 for the period ending June
30, and no later than January 31, for the period ending December 31.
(b) In addition to the semiannual statements required by
subdivision (a), slate mailer organizations shall file preelection
statements as follows:
(1) Any slate mailer organization which produces a slate mailer
supporting or opposing candidates or measures being voted on in an
election held upon the first Tuesday after the first Monday in June
or November of an even-numbered year shall file the statements
specified in Section 84200.7 if, during the period covered by the
preelection statement, the slate mailer organization receives
payments totaling five hundred dollars ($500) or more from any person
for the support of or opposition to candidates or ballot measures in
one or more slate mailers, or expends five hundred dollars ($500) or
more to produce one or more slate mailers.
(2) Any slate mailer organization which produces a slate mailer
supporting or opposing candidates or measures being voted on in an
election held on a date other than the first Tuesday after the first
Monday in June or November of an even-numbered year shall file the
statements specified in Section 84200.8 if, during the period covered
by the preelection statement, the slate mailer organization receives
payments totaling five hundred dollars ($500) or more from any
person for the support of or opposition to candidates or ballot
measures in one or more slate mailers, or expends five hundred
dollars ($500) or more to produce one or more slate mailers.
(c) A slate mailer organization shall file two copies of its
campaign reports with the clerk of the county in which it is
domiciled. A slate mailer organization is domiciled at the address
listed on its statement of organization unless it is domiciled
outside California, in which case its domicile shall be deemed to be
Los Angeles County for purposes of this section.
In addition, slate mailer organizations shall file campaign
reports as follows:
(1) A slate mailer organization which produces one or more slate
mailers supporting or opposing candidates or measures voted on in a
state election, or in more than one county, shall file campaign
reports in the same manner as state general purpose committees
pursuant to subdivision (a) of Section 84215.
(2) A slate mailer organization which produces one or more slate
mailers supporting or opposing candidates or measures voted on in
only one county, or in more than one jurisdiction within one county,
shall file campaign reports in the same manner as county general
purpose committees pursuant to subdivision (d) of Section 84215.
(3) A slate mailer organization which produces one or more slate
mailers supporting or opposing candidates or measures voted on in
only one city shall file campaign reports in the same manner as city
general purpose committees pursuant to subdivision (e) of Section
84215.
(4) Notwithstanding the above, no slate mailer organization shall
be required to file more than the original and one copy, or two
copies, of a campaign report with any one county or city clerk or
with the Secretary of State.
SEC. 1.5. Section 84218 of the Government Code is amended to read:
84218. (a) A slate mailer organization shall file semiannual
campaign statements no later than July 31 for the period ending June
30, and no later than January 31 for the period ending December 31.
(b) In addition to the semiannual statements required by
subdivision (a), slate mailer organizations shall file preelection
statements as follows:
(1) Any slate mailer organization which produces a slate mailer
supporting or opposing candidates or measures being voted on in an
election held upon the first Tuesday after the first Monday in June
or November of an even-numbered year shall file the statements
specified in Section 84200.7 if, during the period covered by the
preelection statement, the slate mailer organization receives
payments totaling five hundred dollars ($500) or more from any person
for the support of or opposition to candidates or ballot measures in
one or more slate mailers, or expends five hundred dollars ($500) or
more to produce one or more slate mailers.
(2) Any slate mailer organization which produces a slate mailer
supporting or opposing candidates or measures being voted on in an
election held on a date other than the first Tuesday after the first
Monday in June or November of an even-numbered year shall file the
statements specified in Section 84200.8 if, during the period covered
by the preelection statement, the slate mailer organization receives
payments totaling five hundred dollars ($500) or more from any
person for the support of or opposition to candidates or ballot
measures in one or more slate mailers, or expends five hundred
dollars ($500) or more to produce one or more slate mailers.
(c) A slate mailer organization shall file two copies of its
campaign reports with the clerk of the county in which it is
domiciled. A slate mailer organization is domiciled at the address
listed on its statement of organization unless it is domiciled
outside California, in which case its domicile shall be deemed to be
Los Angeles County for purposes of this section.
In addition, slate mailer organizations shall file campaign
reports as follows:
(1) A slate mailer organization which produces one or more slate
mailers supporting or opposing candidates or measures voted on in a
state election, or in more than one county, shall file campaign
reports in the same manner as state general purpose committees
pursuant to subdivision (a) of Section 84215.
(2) A slate mailer organization which produces one or more slate
mailers supporting or opposing candidates or measures voted on in
only one county, or in more than one jurisdiction within one county,
shall file campaign reports in the same manner as county general
purpose committees pursuant to subdivision (c) of Section 84215.
(3) A slate mailer organization which produces one or more slate
mailers supporting or opposing candidates or measures voted on in
only one city shall file campaign reports in the same manner as city
general purpose committees pursuant to subdivision (d) of Section
84215.
(4) Notwithstanding the above, no slate mailer organization shall
be required to file more than the original and one copy, or two
copies, of a campaign report with any one county or city clerk or
with the Secretary of State.
SEC. 2. Section 1.5 of this bill incorporates amendments to
Section 84218 of the Government Code proposed by both this bill and
AB 1181. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) each bill
amends Section 84218 of the Government Code, and (3) this bill is
enacted after AB 1181, in which case Section 1 of this bill shall not
become operative.
SEC. 3. 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. 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.