BILL NUMBER: SB 1007 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 19, 2010
PASSED THE ASSEMBLY AUGUST 16, 2010
AMENDED IN ASSEMBLY JUNE 24, 2010
AMENDED IN ASSEMBLY JUNE 3, 2010
AMENDED IN SENATE MARCH 25, 2010
INTRODUCED BY Senator Hancock
(Coauthors: Senators DeSaulnier, Denham, Liu, and Strickland)
(Coauthor: Assembly Member Gatto)
FEBRUARY 10, 2010
An act to amend Sections 82023, 82024, 82036, 82036.5, 84101,
84200.5, 84215, and 85204 of, to add Section 84200.9 to, and to
repeal and add Section 84225 of, the Government Code, relating to the
Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
SB 1007, Hancock. Political Reform Act of 1974: retirement system
boards.
The Political Reform Act of 1974 provides for the comprehensive
regulation of campaign financing and requires candidates for elective
office, candidates for elective state office, and committees formed
or existing primarily to support or oppose those candidates to file
specified reports disclosing contributions and independent
expenditures made in connection with the campaigns of those
candidates.
Existing law further establishes the Board of Administration of
the Public Employees' Retirement System to administer the Public
Employees' Retirement System and the Teachers' Retirement Board to
administer the State Teachers' Retirement System. Existing law
specifies the composition of those boards and requires that
designated positions on the boards be filled by election. With
limited exception, as specified, candidates for election to those
boards are not required to comply with the various reporting
requirements imposed by the Political Reform Act of 1974.
This bill would revise the definitions of "elective office" and
"elective state office" for purposes of the Political Reform Act of
1974 to include membership on the boards described above and would
repeal the provision that exempts from the act candidates for
election to those boards, thereby subjecting those candidates, and
committees formed or existing primarily to support or oppose those
candidates, to the reporting requirements of the act. The bill would
further make conforming changes to provisions of the act relating to
the reporting of late contributions, the reporting of late
independent expenditures, the filing of committee organization
statements, and the filing of campaign statements and preelection
statements. In addition, the bill would give the Fair Political
Practices Commission the authority to adopt regulations to tailor the
act's reporting and disclosure requirements for those candidates and
committees consistent with the purposes and provisions of the act.
Existing law makes a knowing or 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.
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 82023 of the Government Code is amended to
read:
82023. "Elective office" means any state, regional, county,
municipal, district or judicial office that is filled at an election.
"Elective office" also includes membership on a county central
committee of a qualified political party, and membership through
election on the Board of Administration of the Public Employees'
Retirement System or the Teachers' Retirement Board.
SEC. 2. Section 82024 of the Government Code is amended to read:
82024. "Elective state office" means the office of Governor,
Lieutenant Governor, Attorney General, Insurance Commissioner,
Controller, Secretary of State, Treasurer, Superintendent of Public
Instruction, Member of the Legislature, member elected to the Board
of Administration of the Public Employees' Retirement System, member
elected to the Teachers' Retirement Board, and member of the State
Board of Equalization.
SEC. 3. Section 82036 of the Government Code is amended to read:
82036. "Late contribution" means any of the following:
(a) Any contribution, including a loan, that totals in the
aggregate one thousand dollars ($1,000) or more and is made to or
received by a candidate, a controlled committee, or a committee
formed or existing primarily to support or oppose a candidate or
measure 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 statement required to be filed before the election. For
purposes of the Board of Administration of the Public Employees'
Retirement System and the Teachers' Retirement Board, "the date of
the election" is the deadline to return ballots.
(b) Any contribution, including a loan, that totals in the
aggregate one thousand dollars ($1,000) or more and is made to or
received by a political party committee, as defined in Section 85205,
before the date of any state election but after the closing date of
the last campaign statement required to be filed before the election.
SEC. 4. Section 82036.5 of the Government Code is amended to read:
82036.5. "Late independent expenditure" means any independent
expenditure that totals in the aggregate one thousand dollars
($1,000) or more and is made for or against any specific candidate or
measure involved in an election before the date of the election but
after the closing date of the last campaign statement required to be
filed prior to the election by a candidate or committee participating
in the election. For purposes of the Board of Administration of the
Public Employees' Retirement System and the Teachers' Retirement
Board, "the date of the election" is the deadline to return ballots.
SEC. 5. Section 84101 of the Government Code is amended to read:
84101. (a) A committee that is a committee by virtue of
subdivision (a) of Section 82013 shall file a statement of
organization. The committee shall file the original of the statement
of organization with the Secretary of State and shall also file a
copy of the statement of organization with the local filing officer,
if any, with whom the committee is required to file the originals of
its campaign reports pursuant to Section 84215. The original and copy
of the statement of organization shall be filed within 10 days after
the committee has qualified as a committee. The Secretary of State
shall assign a number to each committee that files a statement of
organization and shall notify the committee of the number. The
Secretary of State shall send a copy of statements filed pursuant to
this section to the county elections official of each county that he
or she deems appropriate. A county elections official who receives a
copy of a statement of organization from the Secretary of State
pursuant to this section shall send a copy of the statement to the
clerk of each city in the county that he or she deems appropriate.
(b) In addition to filing the statement of organization as
required by subdivision (a), if a committee qualifies as a committee
under subdivision (a) of Section 82013 before the date of an election
in connection with which the committee is required to file
preelection statements, but after the closing date of the last
campaign statement required to be filed before the election pursuant
to Section 84200.7, 84200.8, or 84200.9, the committee shall file, by
facsimile transmission, guaranteed overnight delivery, or personal
delivery within 24 hours of qualifying as a committee, the
information required to be reported in the statement of organization.
The information required by this subdivision shall be filed with the
filing officer with whom the committee is required to file the
originals of its campaign reports pursuant to Section 84215.
(c) If an independent expenditure committee qualifies as a
committee pursuant to subdivision (a) of Section 82013 during the
time period described in Section 82036.5 and makes independent
expenditures of one thousand dollars ($1,000) or more to support or
oppose a candidate or candidates for office, the committee shall
file, by facsimile transmission, online transmission, guaranteed
overnight delivery, or personal delivery within 24 hours of
qualifying as a committee, the information required to be reported in
the statement of organization. The information required by this
section shall be filed with the filing officer with whom the
committee is required to file the original of its campaign reports
pursuant to Section 84215, and shall be filed at all locations
required for the candidate or candidates supported or opposed by the
independent expenditures. The filings required by this section are in
addition to filings that may be required by Sections 84203.5 and
84204.
(d) For purposes of this section, in calculating whether one
thousand dollars ($1,000) in contributions has been received,
payments for a filing fee or for a statement of qualifications to
appear in a sample ballot shall not be included if these payments
have been made from the candidate's personal funds.
SEC. 6. Section 84200.5 of the Government Code is amended to read:
84200.5. In addition to the campaign statements required by
Section 84200, elected officers, candidates, and committees shall
file preelection statements as follows:
(a) During an even-numbered year, all candidates for elective
state office being voted upon in the statewide direct primary
election or the statewide general election, their controlled
committees, and committees primarily formed to support or oppose an
elected state officer or a state candidate being voted upon shall
file the applicable preelection statements specified in Section
84200.7 or 84200.8. All elected state officers who, during the
applicable reporting periods covered by Section 84200.7 or 84200.8,
contribute to any committee required to report receipts,
expenditures, or contributions pursuant to this title, or make an
independent expenditure, shall file the applicable preelection
statements specified in Section 84200.7 or 84200.8. However, a
candidate for an office that is not being voted upon in the November
election, his or her controlled committee, and any committee
primarily formed to support or oppose that candidate is not required
to file statements in connection with the November election pursuant
to subdivision (b) of Section 84200.7 unless, during the reporting
periods covered by Section 84200.7, the candidate, his or her
controlled committee, or any committee primarily formed to support or
oppose that candidate contributes to any committee required to
report receipts, expenditures, or contributions pursuant to this
title or makes independent expenditures.
(b) During an even-numbered year, all candidates not specified in
subdivision (a) who are running for offices being voted upon on the
first Tuesday after the first Monday in June or November, their
controlled committees, and committees primarily formed to support or
oppose those candidates or a measure being voted upon on the first
Tuesday after the first Monday in June or November of an
even-numbered year shall file the preelection statements specified in
subdivision (a) of Section 84200.7 in the case of a June election,
or subdivision (b) of Section 84200.7 in the case of a November
election.
(c) All candidates for offices being voted upon on a date other
than the first Tuesday after the first Monday in June or November of
an even-numbered year, their controlled committees, and committees
primarily formed to support or oppose a candidate or a measure being
voted upon on a date other than the first Tuesday after the first
Monday in June or November of an even-numbered year shall file the
preelection statements specified in Section 84200.8.
(d) During an election period for the Board of Administration of
the Public Employees' Retirement System or the Teachers' Retirement
Board, all candidates for these boards, their controlled committees,
and committees primarily formed to support or oppose the candidates
shall file the preelection statements specified in Section 84200.9.
(e) In an even-numbered year in which the statewide direct primary
election is held on the first Tuesday after the first Monday in
June, a state or county general purpose committee formed pursuant to
subdivision (a) of Section 82013, other than a political party
committee as defined in Section 85205, shall file the preelection
statements specified in Section 84200.7 if it makes contributions or
independent expenditures totaling five hundred dollars ($500) or more
during the period covered by the preelection statement. A state or
county general purpose committee formed pursuant to subdivision (b)
or (c) of Section 82013 is not required to file the statements
specified in Section 84200.7.
(f) During an even-numbered year in which the statewide direct
primary election is held on a date other than the first Tuesday after
the first Monday in June, a state or county general purpose
committee formed pursuant to subdivision (a) of Section 82013, other
than a political party committee as defined in Section 85205, shall
file the preelection statements specified in Section 84200.8 if it
makes contributions or independent expenditures totaling five hundred
dollars ($500) or more during the period covered by the preelection
statement. A state or county general purpose committee formed
pursuant to subdivision (b) or (c) of Section 82013 is not required
to file the statements specified in Section 84200.8.
(g) During an election period for the Board of Administration of
the Public Employees' Retirement System or the Teachers' Retirement
Board, a state or county general purpose committee formed pursuant to
subdivision (a) of Section 82013 shall file the preelection
statements specified in Section 84200.9 if it makes contributions or
independent expenditures totaling five hundred dollars ($500) or more
during the period covered by the preelection statement to support or
oppose a candidate, or a committee primarily formed to support or
oppose a candidate, on the ballot for the Board of Administration of
the Public Employees' Retirement System or the Teachers' Retirement
Board. A state or county general purpose committee formed pursuant to
subdivision (b) or (c) of Section 82013 is not required to file the
statements specified in Section 84200.9.
(h) A political party committee as defined in Section 85205 shall
file the applicable preelection statements specified in Section
84200.7 or 84200.8 in connection with a state election if the
committee receives contributions totaling one thousand dollars
($1,000) or more, or if it makes contributions or independent
expenditures totaling five hundred dollars ($500) or more, during the
period covered by the preelection statement.
(i) City general purpose committees shall file statements as
follows:
(1) City general purpose committees in a city that has an election
on the first Tuesday after the first Monday in June or November of
an even-numbered year shall file the statements specified in
subdivision (a) or (b) of Section 84200.7 for the six-month period in
which the city election is held, if they make contributions or
independent expenditures totaling five hundred dollars ($500) or more
during the period covered by the preelection statement.
(2) City general purpose committees in a city that has an election
on a date other than the first Tuesday after the first Monday in
June or November of an even-numbered year shall file the preelection
statements specified in Section 84200.8 if they make contributions or
independent expenditures totaling five hundred dollars ($500) or
more during the period covered by the preelection statement.
SEC. 7. Section 84200.9 is added to the Government Code, to read:
84200.9. Preelection statements for an election period for the
Board of Administration of the Public Employees' Retirement System or
the Teachers' Retirement Board shall be filed as follows:
(a) For the period ending five days before the beginning of the
ballot period, as determined by the relevant board, a statement shall
be filed no later than two days before the beginning of the ballot
period.
(b) For the period ending five days before the deadline to return
ballots, as determined by the relevant board, a statement shall be
filed no later than two days before the deadline to return ballots.
(c) In the case of a runoff election, for the period ending five
days before the deadline to return runoff ballots, as determined by
the relevant board, a statement shall be filed no later than two days
before the deadline to return runoff ballots.
(d) All candidates being voted upon, their controlled committees,
and committees primarily formed to support or oppose a candidate
being voted upon in that election shall file the statements specified
in subdivisions (b) and (c) by guaranteed overnight delivery service
or by personal delivery.
SEC. 8. Section 84215 of the Government Code, as amended by
Chapter 18 of the Statutes of 2010, is amended to read:
84215. All candidates and elected officers and their controlled
committees, except as provided in subdivisions (d) and (e), shall
file one copy of the campaign statements required by Section 84200
with the elections official of the county in which the candidate or
elected official is domiciled, as defined in subdivision (b) of
Section 349 of the Elections Code. In addition, campaign statements
shall be filed at the following places:
(a) Statewide elected officers, including members of the State
Board of Equalization; Members of the Legislature; Supreme Court
justices, court of appeal justices, and superior court judges;
candidates for those offices and their controlled committees;
committees formed or existing primarily to support or oppose these
candidates, elected officers, justices and judges, or statewide
measures, or the qualification of state ballot measures; and all
state general purpose committees and filers not specified in
subdivisions (b) to (e), inclusive, shall file a campaign statement
by online or electronic means, as specified in Section 84605, and
shall file the original and one copy of the campaign statement in
paper format with the Secretary of State.
(b) Elected officers in jurisdictions other than legislative
districts, State Board of Equalization districts, or appellate court
districts that contain parts of two or more counties, candidates for
these offices, their controlled committees, and committees formed or
existing primarily to support or oppose candidates or local measures
to be voted upon in one of these jurisdictions shall file the
original and one copy with the elections official of the county with
the largest number of registered voters in the jurisdiction.
(c) County elected officers, candidates for these offices, their
controlled committees, committees formed or existing primarily to
support or oppose candidates or local measures to be voted upon in
any number of jurisdictions within one county, other than those
specified in subdivision (d), and county general purpose committees
shall file the original and one copy with the elections official of
the county.
(d) City elected officers, candidates for city office, their
controlled committees, committees formed or existing primarily to
support or oppose candidates or local measures to be voted upon in
one city, and city general purpose committees shall file the original
and one copy with the clerk of the city and are not required to file
with the local elections official of the county in which they are
domiciled.
(e) Elected members of the Board of Administration of the Public
Employees' Retirement System, elected members of the Teachers'
Retirement Board, candidates for these offices, their controlled
committees, and committees formed or existing primarily to support or
oppose these candidates or elected members shall file the original
and one copy with the Secretary of State, and a copy shall be filed
at the relevant board's office in Sacramento. These elected officers,
candidates, and committees need not file with the elections official
of the county in which they are domiciled.
(f) Notwithstanding any other provision of this section, a
committee, candidate, or elected officer is not required to file more
than the original and one copy, or one copy, of a campaign statement
with any one county elections official or city clerk or with the
Secretary of State.
(g) If a committee is required to file campaign statements
required by Section 84200 or 84200.5 in places designated in
subdivisions (a) to (d), inclusive, it shall continue to file these
statements in those places, in addition to any other places required
by this title, until the end of the calendar year.
SEC. 9. Section 84225 of the Government Code is repealed.
SEC. 10. Section 84225 is added to the Government Code, to read:
84225. The provisions of this title apply to candidates for
election to the Board of Administration of the Public Employees'
Retirement System or the Teachers' Retirement Board, and to
committees formed or existing primarily to support or oppose those
candidates. The Commission may adopt regulations to tailor the
reporting and disclosure requirements for these candidates and
committees consistent with the purposes and provisions of this title.
SEC. 11. Section 85204 of the Government Code is amended to read:
85204. "Election cycle," for purposes of Sections 85309 and
85500, means the period of time commencing 90 days prior to an
election and ending on the date of the election. For purposes of the
Board of Administration of the Public Employees' Retirement System
and the Teachers' Retirement Board, "the date of the election" is the
deadline to return ballots.
SEC. 12. 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. 13. 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.