BILL NUMBER: AB 447 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Members Huffman and Fletcher
FEBRUARY 15, 2011
An act relating to the Political Reform Act of 1974.
An act to amend Sections 81006, 81009.5, 82036,
82036.5, 82048.7, 84100, 84101, 84103, 84200, 84200.5, 84200.6,
84204.5, 84211, 84218, 84252, 84305.5, 84310, 84507, 85301, 85302,
85303, 85316, 85400, 87103, 87406, 89503, and 91013 of, to repeal
Sections 83124, 84200.7, 84200.8, 84202.3, 84202.5, 84202.7, and
84203.5 of, and to repeal and add Section 86203 of, the Government
Code, relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 447, as amended, Huffman. Political Reform Act of 1974.
(1) The Political Reform Act of 1974 provides for the
comprehensive regulation of campaign financing, conflicts of
interests of public officials, and the lobbying industry, and further
establishes the Fair Political Practices Commission to administer
and enforce the provisions of the act. Among its provisions, the act
requires each campaign committee to file a statement of organization
upon qualifying as a committee, and further requires elected
officers, candidates, and committees to file periodic campaign
statements reporting contributions received and expenditures made
during specified reporting periods. Specifically, the act requires
each elected officer, candidate, and committee to file a semiannual
statement for each 6-month period, and further requires that
preelection statements be filed at various specified times depending
upon the type of election and the identity of the filer. The act also
requires the filing of supplemental preelection statements,
independent expenditure reports, and campaign statements by
committees that make contributions of $10,000 or more in odd-numbered
years. Under the act, a late contribution report or a late
independent expenditure report is required to be filed within 24
hours if a contribution or independent expenditure is made before an
election but after the closing date of the last campaign statement,
and a committee is required to file a report online or electronically
within 10 business days each time it makes a contribution or
expenditure of $5,000 or more to support or oppose a ballot measure.
This bill would instead require each elected officer, candidate,
and committee to file a quarterly statement for each calendar
quarter, except that a committee that has received contributions of
less than $500 and made expenditures of less than $500 in a calendar
quarter would be permitted to file a statement of inactivity for that
quarter. The bill would also provide that there be only one type of
preelection statement for all elections and all filers, to be filed
no later than 16 days before an election for the period ending 21
days before the election. The bill would repeal provisions requiring
the filing of supplemental preelection statements, independent
expenditure reports, and odd-numbered year committee statements, and
the bill would require a late contribution report or a late
independent expenditure report to be filed within 24 hours if the
contribution or independent expenditure is made within 45 days before
the date of an election. Under the bill, a committee would be
required to file a report online or electronically within 24 hours
each time it makes a contribution or expenditure of $100,000 or more
to support or oppose a ballot measure.
(2) Existing law requires that each filer of a campaign statement
include in the campaign statement specified information, including
the amount of contributions received or expenditures made during the
reporting period and specified identifying information about each
person who has made contributions totaling $100 or more.
This bill would also require that each filer include in the
campaign statement specified information about a 3rd party if the
filer knows or has reason to know that contributions from 2 or more
persons have been made at the behest of that 3rd party and the
cumulative amount of those contributions, plus any amounts the 3rd
party has contributed to the filer directly, equals or exceeds the
maximum amount that the 3rd party would be permitted to contribute to
the filer.
(3) Existing law prohibits a local government agency from enacting
an ordinance imposing filing requirements additional to or different
from those imposed by the act, unless the additional or different
filing requirements apply only to a candidate or ballot measure being
voted upon only in that jurisdiction or to a city or county general
purpose committee active only in that jurisdiction.
This bill would also permit a local government agency to enact an
ordinance imposing additional or different filing requirements if
those requirements apply to a state general purpose committee that
spends in the jurisdiction of that local government agency an amount
determined by the Commission.
(4) Existing law imposes specified limits on the amounts that may
be contributed for purposes of an election to specified candidates by
persons and small contributor committees, as defined, and on the
amounts that may be contributed to campaign committees and political
party committees. Existing law further imposes specified limits on
the amounts that may be contributed to specified office holders after
an election for the purpose of paying expenses associated with
holding office. In addition, existing law sets specified limits on
campaign expenditures for those candidates for elective state office
who have voluntarily accepted the expenditure limits. Under existing
law, all of the foregoing limits are adjusted biennially by the
Commission to reflect any increase or decrease in the Consumer Price
Index.
This bill would set all of those contribution and expenditure
limits at the amounts as most recently adjusted by the Commission and
would repeal the authority of the Commission to make any further
adjustments to those limits.
(5) Existing law requires that every campaign committee have a
treasurer who is responsible for authorizing any expenditure made by
or on behalf of the committee. The treasurer is required to be
designated on the committee's statement of organization, and a
committee cannot accept a contribution or make an expenditure at a
time when there is a vacancy in the office of the treasurer.
This bill would require each treasurer, within 12 months prior to
his or her designation as a treasurer, to complete an online
certification course that addresses the statutes and regulations
governing the financing of campaigns and the duties and
responsibilities of a treasurer. The bill would permit the Commission
to charge each applicant for certification a fee not to exceed $50
for the costs of administering the certification program, and the
bill would require each treasurer to verify under penalty of perjury
that he or she has been certified under the certification program.
The bill would also require the Secretary of State to maintain on his
or her Internet Web site a list of each treasurer who is currently
certified.
(6) Existing law requires that each political advertisement
include a disclosure statement that discloses specified information,
in a specified manner, about the person or persons who have paid for
the advertisement.
This bill would permit the Commission to adopt regulations
exempting an advertisement from the requirement of a disclosure
statement in any circumstance when the required disclosure statement
would not be feasible or would not be sufficiently legible so as to
be informative to the intended public.
(7) Existing law provides that regulation of the operation of
automatic dialing-announcing devices, as defined, is within the
jurisdiction of the Public Utilities Commission.
This bill would permit the Fair Political Practices Commission to
regulate the content of a prerecorded telephonic message that is
disseminated by means of an automatic dialing-announcing device and
that advocates support of, or opposition to, a candidate, ballot
measure, or both.
(8) Existing law imposes various requirements on slate mailers,
defined as mass mailings that support or oppose multiple candidates
or ballot measures, and on slate mailer organizations that produce
and distribute slate mailers. Specifically, existing law requires a
slate mailer organization to file a semiannual campaign statement for
each 6-month period. In addition, existing law requires that each
slate mailer disclose specified information, in a specified manner,
about the slate mailer organization and identify each candidate and
ballot measure that has paid to appear in the slate mailer.
This bill would instead require a slate mailer organization to
file a quarterly statement for each calendar quarter, except that a
slate mailer organization that has received payments of less than
$500 and made expenditures of less than $500 in a calendar quarter
would be permitted to file a statement of inactivity for that
quarter. The bill would also permit the Commission to impose, by
regulation, other requirements regarding the contents of a slate
mailer.
(9) Existing law imposes specified restrictions on gifts that may
be received by public officials. Specifically, existing law prohibits
a public official from accepting gifts from, or from influencing a
governmental decision that will have a material financial effect on,
any single source in a calendar year with a total value of more than
an amount as adjusted biennially by the Commission to reflect any
increase or decrease in the Consumer Price Index. Existing law
further prohibits a lobbyist or lobbying firm from making gifts to a
public official aggregating more than $10 in a calendar month.
This bill would set the limit on gifts from most sources at $250
per calendar year and would repeal the authority of the Commission to
make any further adjustments to that limit. The bill would also
prohibit a lobbyist or lobbying firm from giving a public official a
gift of any value.
(10) Existing law prohibits a Member of the Legislature, for a
period of one year after leaving office, from acting as an agent or
attorney or otherwise representing, for compensation, any other
person by making a formal or informal appearance or making an oral or
written communication before the Legislature, a legislative
committee, a Member of the Legislature, or an officer or employee of
the Legislature for the purpose of influencing legislative action.
This bill would impose those prohibitions on an employee of the
Legislature for a period of one year after leaving his or her
employment with the Legislature.
(11) Existing law imposes penalties on a person who files a
campaign statement or report after the applicable deadline in the
amount of $10 per day up to a maximum of $100 or the amount being
reported in the statement or report, whichever is greater.
This bill would increase those penalties to $25 per day up to a
maximum of $750 or 150% of the amount reported in the statement or
report, whichever is greater. In addition, the bill would prohibit a
candidate or elected officer from using campaign funds to pay a fine
imposed on him or her for tardy filing of a campaign statement or
report.
(12) Existing law requires the Secretary of State to develop
online or electronic filing processes for the filing of campaign
statements and reports, and further requires that candidates, general
purpose committees, and other entities file required statements and
reports online or electronically if the total amount of contributions
or expenditures being reported exceed a specified threshold.
Existing law prohibits a fee or charge from being collected for the
filing of a campaign statement or report, except as provided for
under the act.
This bill would require the Secretary of State and the Commission
to jointly work toward the development of a single, statewide
electronic filing system that consolidates the filing of all state
and local campaign statements and reports into one searchable
database that meets specified criteria. The bill would require the
Secretary of State and the Commission to develop a technology plan
for the electronic filing system by August 31, 2012, to develop a
funding plan, to engage in fundraising, and to complete work on the
electronic filing system by December 31, 2014. In addition, the bill
would permit the Secretary of State to collect a fee or charge for
the filing of a campaign statement or report required under the act,
provided that the amounts collected are used only for, and do not
exceed the costs of, development and maintenance of the electronic
filing system.
(13) 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.
(14) 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.
(15) 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 Political Reform Act of 1974 provides for the comprehensive
regulation of campaign financing, conflicts of interests of public
officials, and related matters.
This bill would state the intent of the Legislature to enact
legislation relating to the Political Reform Act of 1974.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 81006 of the
Government Code is amended to read:
81006. (a) Except as provided in
subdivision (b) or elsewhere in this title, no fee or charge
shall be collected by any officer for the filing of any report or
statement or for the forms upon which reports or statements are to be
prepared.
(b) The Secretary of State may collect a fee or charge for the
filing of a report or statement required by Chapter 4, (commencing
with Section 84100) provided that the amounts collected are used only
for, and do not exceed the costs of, development and maintenance of
a system for online or electronic filing of reports and statements
required by that chapter.
SEC. 2. Section 81009.5 of the
Government Code is amended to read:
81009.5. (a) Any A local government
agency which that has enacted, enacts,
amends, or repeals an ordinance or other provision of law affecting
campaign contributions and expenditures shall file a copy of the
action with the commission Commission .
(b) Notwithstanding Section 81013, no a
local government agency shall not enact any
an ordinance imposing filing requirements
additional to or different from those set forth in Chapter 4
(commencing with Section 84100) for elections held in its
jurisdiction unless , except as follows:
(1) A local government agency may enact
an ordinance imposing additional or different filing requirements if
the additional or different filing requirements apply only to
the candidates seeking election in that jurisdiction, their
controlled committees or committees formed or existing primarily to
support or oppose their candidacies, and to committees formed or
existing primarily to support or oppose a candidate or to support or
oppose the qualification of, or passage of, a local ballot measure
which that is being voted on only in
that jurisdiction, and to city or county general purpose committees
active only in that city or county, respectively.
(2) A local government agency may enact an ordinance imposing
additional or different filing requirements if the additional or
different filing requirements apply to a state general purpose
committee that spends in the jurisdiction of that local government
agency an amount determined by the Commission.
(c) It is the intent of the Legislature that the Secretary of
State and the Commission make efforts to coordinate with each local
government agency that proposes to enact, or has enacted, an
ordinance pursuant to subdivision (b) to harmonize, to the extent
possible, the provisions of the proposed or enacted ordinance with
the provisions of this title.
SEC. 3. Section 82036 of the Government
Code is amended to read:
82036. "Late contribution" means any of the following:
(a) Any A 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 within 45 days 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 A 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, within 45 days before the date
of any a 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
an independent expenditure that totals in the
aggregate one thousand dollars ($1,000) or more and is made for or
against any a specific candidate or
measure involved in an election within 45 days 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 82048.7 of the
Government Code is amended to read:
82048.7. (a) "Sponsored committee" means a committee, other than
a candidate controlled committee, which that
has one or more sponsors. Any person, except a candidate or
other individual, may sponsor a committee.
(b) A person sponsors a committee if any of the following apply:
(1) The committee receives 80 percent or more of its contributions
from the person or its members, officers, employees, or
shareholders.
(2) The person collects contributions for the committee by use of
payroll deductions or dues from its members, officers, or employees.
(3) The person, alone or in combination with other organizations,
provides all or nearly all of the administrative services for the
committee.
(4) The person, alone or in combination with other organizations,
sets the policies for soliciting contributions or making expenditures
of committee funds.
SEC. 6. Section 83124 of the Government
Code is repealed.
83124. The commission shall adjust the contribution limitations
and voluntary expenditure limitations provisions in Sections 85301,
85302, 85303, and 85400 in January of every odd-numbered year to
reflect any increase or decrease in the Consumer Price Index. Those
adjustments shall be rounded to the nearest one hundred dollars
($100) for limitations on contributions and one thousand dollars
($1,000) for limitations on expenditures.
SEC. 7. Section 84100 of the Government
Code is amended to read:
84100. (a) Every committee shall have a
treasurer. No expenditure shall be made by or on behalf of a
committee without the authorization of the treasurer or that of his
or her designated agents. No contribution or expenditure shall be
accepted or made by or on behalf of a committee at a time when there
is a vacancy in the office of treasurer.
(b) (1) Within 12 months prior to being designated as a treasurer
pursuant to Section 84102 or 84103, a treasurer shall complete an
online certification course, designed and administered by the
Commission, that addresses the statutes and regulations governing the
financing of campaigns, and the duties and responsibilities of a
treasurer, under this title. The course shall require each applicant
for certification to verify, under penalty of perjury, his or her
identity by means of an identifier determined by the Commission.
(2) The Commission may charge each applicant for certification
pursuant to this subdivision a fee not to exceed fifty dollars ($50).
(3) Each treasurer shall verify, under penalty of perjury, on a
statement of organization required by Section 84102 or on an
amendment to a statement of organization required by Section 84103,
that he or she has been certified pursuant to this subdivision.
(4) The Secretary of State shall maintain on his or her Internet
Web site a list of treasurers who are currently certified pursuant to
this subdivision.
SEC. 8. Section 84101 of the Government
Code is amended to read:
84101. (a) A committee that is a committee by virtue of
pursuant to 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 pursuant to 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,
84200.5 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 subdivision shall be filed with
the filing officer with whom the committee is required to file the
original originals 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 subdivision are in addition to
filings that may be required by Sections 84203.5 and
Section 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. 9. Section 84103 of the Government
Code is amended to read:
84103. (a) Whenever there is a change in any of
the information contained in a statement of organization,
an amendment shall be filed within 10 days to reflect the change. The
committee shall file the original of the amendment with the
Secretary of State and shall also file a copy of the amendment 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.
(b) In addition to filing an amendment to a statement of
organization as required by subdivision (a), a committee as defined
in subdivision (a) of Section 82013 shall, by facsimile transmission,
online transmission, guaranteed overnight delivery, or personal
delivery within 24 hours, notify the filing officer with whom it is
required to file the originals of its campaign reports pursuant to
Section 84215 when the change requiring the amendment occurs before
the date of the an election in
connection with which the committee is required to file a preelection
statement, but after the closing date of the last preelection
statement required to be filed for the election pursuant to Section
84200.7 84200.5 or 84200.8
84200.9 , if any of the following information is
changed:
(1) The name of the committee.
(2) The name of the treasurer or other principal officers.
(3) The name of any candidate or committee by which the committee
is controlled or with which it acts jointly.
The notification shall include the changed information, the date
of the change, the name of the person providing the notification, and
the committee's name and identification number.
A committee may file a notification online only if the appropriate
filing officer is capable of receiving the notification in that
manner.
SEC. 10. Section 84200 of the
Government Code is amended to read:
84200. (a) (1) Except as provided in
paragraphs (1), (2), and (3),
(4), and (5), elected officers, candidates, and committees
pursuant to subdivision (a) of Section 82013 shall file
semiannual statements each year no later than July
31 for the period ending June 30, and no later than January 31 for
the period ending December 31. for each calendar
quarter as follows:
(A) No later than April 15 for the quarter ending March 31.
(B) No later than July 15 for the quarter ending June 30.
(C) No later than October 15 for the quarter ending September 30.
(D) No later than January 31 for the quarter ending December 31.
(1)
(2) A candidate who, during the past six
three months , has filed a
declaration pursuant to Section 84206 shall not be
is not required to file a semiannual statement
quarterly statements for that six-month
period calendar year .
(2)
(3) Elected officers whose salaries are less than two
hundred dollars ($200) a month, judges, judicial candidates, and
their controlled committees shall not file semiannual
quarterly statements pursuant to this
subdivision for any six-month three-month
period in which they have not made or received any
contributions or made any expenditures.
(3)
(4) A judge who is not listed on the ballot for
reelection to, or recall from, any elective office during a calendar
year shall not file semiannual quarterly
statements pursuant to this subdivision for any
six-month three-month period in that year if
both of the following apply:
(A) The judge has not received any contributions.
(B) The only expenditures made by the judge during the calendar
year are contributions from the judge's personal funds to other
candidates or committees totaling less than one thousand dollars
($1,000).
(5) A committee that has received contributions of less than five
hundred dollars ($500) and made expenditures of less than five
hundred dollars ($500) during a calendar quarter may file a statement
of inactivity for that quarter, as prescribed by the Commission.
(b) All committees pursuant to subdivision (b) or (c) of Section
82013 shall file campaign statements each year no later than July
31 15 for the period ending June 30,
and no later than January 31 for the period ending December 31, if
they have made contributions or independent expenditures, including
payments to a slate mailer organization, during the six-month period
before the closing date of the statements.
SEC. 11. 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.
(a) Except as provided in subdivision (b), each of the following
shall file, by electronic means, guaranteed overnight delivery
service, or personal delivery, a preelection statement no later than
16 days before an election for the period ending 21 days before the
election:
(1) All candidates for elective office being voted upon in the
election, their controlled committees, and committees primarily
formed to support or oppose a candidate or measure being voted upon
in the election.
(2) 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, if it makes contributions or
independent expenditures totaling five hundred dollars ($500) or more
in connection with a state or county election, respectively, 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 preelection statement
specified by this subdivision.
(3) A political party committee, as defined in Section 85205, if
it receives contributions totaling one thousand dollars ($1,000) or
more, or makes contributions or independent expenditures totaling
five hundred dollars ($500) or more, in connection with a state
election during the period covered by the preelection statement.
(4) A city general purpose committee, if it makes contributions or
independent expenditures totaling five hundred dollars ($500) or
more in connection with a city election during the period covered by
the preelection statement.
(d)
(b) (1) 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)
(2) 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. 12. Section 84200.6 of the
Government Code is amended to read:
84200.6. In addition to the campaign statements required by
Sections 84200 and 84200.5, all candidates and committees shall file
the following special statements and reports:
(a) Supplemental preelection statements when required by Section
84202.5.
(b)
(a) Late contribution reports when required by Section
84203.
(c) Independent expenditure reports when required by Section
84203.5.
(d)
(b) Late independent expenditure reports when required
by Section 84204.
SEC. 13. Section 84200.7 of the
Government Code is repealed.
84200.7. (a) Preelection statements for the June election period
shall be filed as follows:
(1) For the period ending March 17, a statement to be filed no
later than March 22. However, for a special election called after
March 17, or for which the period for filing nomination documents, as
defined in Section 333 of the Elections Code, ends after March 17, a
preelection statement for the period ending
45 days before the election shall be filed no
later than 40 days before the election.
(2) For the period ending 17 days before the election, a statement
to be filed no later than 12 days before the election. All
candidates being voted upon in the June election, their controlled
committees, and committees formed primarily to support or oppose a
candidate or measure being voted upon in the June election shall file
this statement by guaranteed overnight delivery service or by
personal delivery.
(b) Preelection statements for the November election period shall
be filed as follows:
(1) For the period ending September 30, a statement to be filed no
later than October 5.
(2) For the period ending 17 days before the election, a statement
to be filed no later than 12 days before the election. All
candidates being voted upon in the November election, their
controlled committees, and committees formed primarily to support or
oppose a candidate or measure being voted upon in the November
election shall file this statement by guaranteed overnight delivery
service or by personal delivery.
SEC. 14. Section 84200.8 of the
Government Code is repealed.
84200.8. Preelection statements shall be filed under this section
as follows:
(a) For the period ending 45 days before the election, the
statement shall be filed no later than 40 days before the election.
(b) For the period ending 17 days before the election, the
statement shall be filed no later than 12 days before the election.
All candidates being voted upon in the election in connection with
which the statement is filed, their controlled committees, and
committees formed primarily to support or oppose a candidate or
measure being voted upon in that election shall file this statement
by guaranteed overnight delivery service or by personal delivery.
(c) For runoff elections held within 60 days of the qualifying
election, an additional preelection statement for the period ending
17 days before the runoff election shall be filed no later than 12
days before the election. All candidates being voted upon in the
election in connection with which the statement is filed, their
controlled committees, and committees formed primarily to support or
oppose a candidate or measure being voted upon in that election shall
file this statement by guaranteed overnight delivery service or
personal delivery.
SEC. 15. Section 84202.3 of the
Government Code is repealed.
84202.3. (a) In addition to the campaign statements required by
Section 84200, committees pursuant to subdivision (a) of Section
82013 that are primarily formed to support or oppose the
qualification, passage, or defeat of a measure and proponents of a
state ballot measure who control a committee formed or existing
primarily to support the qualification, passage, or defeat of a state
ballot measure, shall file campaign statements on the following
dates:
(1) No later than April 30 for the period January 1 through March
31.
(2) No later than October 31 for the period July 1 through
September 30.
(b) This section shall not apply to a committee during any
semiannual period in which the committee is required to file
preelection statements pursuant to subdivision (a), (b), or (c) of
Section 84200.5.
(c) This section shall not apply to a committee following the
election at which the measure is voted upon unless the committee
makes contributions or expenditures to support or oppose the
qualification or passage of another ballot measure.
SEC. 16. Section 84202.5 of the
Government Code is repealed.
84202.5. (a) Any candidate or any committee pursuant to
subdivision (a) of Section 82013 which makes contributions totaling
ten thousand dollars ($10,000) or more in connection with an
election, including a runoff election, shall file a supplemental
preelection statement no later than 12 days before the election, for
the period ending 17 days before the election. This statement shall
be filed by guaranteed overnight delivery service or by personal
delivery with each office with which the candidate or committee
filing the statement is required to file its next campaign statement
pursuant to Section 84215.
(b) This section shall not apply to candidates or committees
during any semiannual period in which the candidate or committee is
required to file preelection statements pursuant to Section 84200.5.
(c) If a candidate or committee makes contributions totaling ten
thousand dollars ($10,000) or more in connection with an election and
all of those contributions are reported pursuant to Section 84200 or
84202.7 on or before the closing date specified in subdivision (a),
the candidate or committee shall not be required to file additional
statements for that period pursuant to this section.
SEC. 17. Section 84202.7 of the
Government Code is repealed.
84202.7. (a) Except as provided in subdivision (b), during an
odd-numbered year, any committee by virtue of Section 82013 that
makes contributions totaling ten thousand dollars ($10,000) or more
to elected state officers, their controlled committees, or committees
primarily formed to support or oppose any elected state officer
during a period specified below shall file campaign statements on the
following dates:
(1) No later than April 30 for the period of January 1 through
March 31.
(2) No later than October 31 for the period of July 1 through
September 30.
(b) If a committee makes contributions totaling ten thousand
dollars ($10,000) or more to elected state officers, their controlled
committees, or committees primarily formed to support or oppose any
elected state officer during a period specified in subdivision (a),
and all of those contributions are reported pursuant to Section
84202.5 on or before the time specified in subdivision (a), the
committee shall not be required to file additional statements for
that period pursuant to this section.
SEC. 18. Section 84203.5 of the
Government Code is repealed.
84203.5. (a) In addition to any campaign statements required by
this article, if a candidate or committee has made independent
expenditures totaling one thousand dollars ($1,000) or more in a
calendar year to support or oppose a candidate, a measure or
qualification of a measure, it shall file independent expenditure
reports at the same time, covering the same periods, and in the
places where the candidate or committee 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 or
qualification of the measure. No independent expenditure report need
be filed to cover a period for which there has been no activity to
report.
(b) An independent expenditure report shall contain the following
information:
(1) The name, street address, and telephone number of the
candidate or committee making the expenditure and of the committee's
treasurer, and the number assigned to the committee by the Secretary
of State.
(2) If the report is related to a candidate, the full name of the
candidate and the office and district for which the candidate seeks
nomination or election. If the report is related to a measure or
qualification of a measure, the number or letter of the measure, or
if none has yet been assigned, a brief description of the subject
matter of the measure, and the jurisdiction in which the measure is
to be voted on or would be voted on if it qualified.
(3) The total amount of expenditures related to the candidate or
measure during the period covered by the report made to persons who
have received less than one hundred dollars ($100).
(4) The total amount of expenditures related to the candidate or
measure during the period covered by the report made to persons who
have received one hundred dollars ($100) or more.
(5) For each person to whom an expenditure of one hundred dollars
($100) or more related to the candidate or measure has been made
during the period covered by the report and for each person who has
provided consideration for an expenditure of one hundred dollars
($100) or more during the period covered by the report:
(A) His or her full name.
(B) His or her street address.
(C) If the person is a committee, the name of the committee, the
number assigned to the committee by the Secretary of State, or if no
number has been assigned, the full name and street address of the
treasurer of the committee.
(D) The date of the expenditure.
(E) The amount of the expenditure.
(F) A brief description of the consideration for which each
expenditure was made and the value of the consideration if less than
the total amount of the expenditure.
(G) The cumulative amount of expenditures to such person.
(6) A list of all the filing officers with whom the committee
filed its most recent campaign statement.
(c) Filing officers shall maintain paper reports filed pursuant to
this section under the name of the candidate or measure supported or
opposed by the independent expenditure.
SEC. 19. Section 84204.5 of the
Government Code is amended to read:
84204.5. (a) In addition to any other report required by this
title, a committee pursuant to subdivision (a) of Section 82013 that
is required to file reports pursuant to Section 84605 shall file
online or electronically with the Secretary of State each time it
makes contributions totaling five one hundred
thousand dollars ($5,000) ($100,000)
or more , or each time it makes independent
expenditures totaling five one hundred
thousand dollars ($5,000) ($100,000) or
more , to support or oppose the qualification or passage
of a single state ballot measure. The report shall be filed within
10 business days 24 hours of making the
contributions or independent expenditures and shall contain all of
the following:
(1) The full name, street address, and identification number of
the committee.
(2) The number or letter of the measure , if the
measure has qualified for the ballot and has been assigned a number
or letter; the title of the measure , if the measure has
not been assigned a number or letter but has been issued a title by
the Attorney General; or the subject of the measure , if
the measure has not been assigned a number or letter and has not been
issued a title by the Attorney General.
(3) In the case of a contribution, the date and amount of the
contribution and the name, address, and identification number of the
committee to whom which the
contribution was made. In addition, the report shall include the
information required by paragraphs (1) to (5), inclusive, of
subdivision (f) of Section 84211, regarding contributions or loans
received from a person described in that subdivision, covering the
period from the day after the closing date of the last campaign
report filed to the date of the contribution requiring a report under
this section, or if the committee has not previously filed a
campaign statement, covering the period from the previous January 1
to the date of the contribution requiring a report under this
section. No information described in paragraphs (1) to (5),
inclusive, of subdivision (f) of Section 84211 that is required to be
reported pursuant to this subdivision is required to be reported in
more than one report provided for in this subdivision for each
contribution or loan received from a person described in subdivision
(f) of Section 84211.
(4) In the case of an independent expenditure, the date, amount,
and a description of the goods or services for which the expenditure
was made. In addition, the report shall include the information
required by paragraphs (1) to (5), inclusive, of subdivision (f) of
Section 84211 regarding contributions or loans received from a person
described in that subdivision, covering the period from the day
after the closing date of the last campaign report filed to the date
of the 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 expenditure. No information described in
paragraphs (1) to (5), inclusive, of subdivision (f) of Section 84211
that is required to be reported pursuant to this subdivision is
required to be reported in more than one report provided for in this
subdivision for each contribution or loan received from a person
described in subdivision (f) of Section 84211.
(b) Reports required by this section are not required to be filed
by a committee primarily formed to support or oppose the
qualification or passage of a state ballot measure for expenditures
made on behalf of the ballot measure or measures for which it is
formed.
(c) Independent expenditures that have been disclosed by a
committee pursuant to Section 84204 or 85500 are not required to be
disclosed pursuant to this section.
SEC. 20. Section 84211 of the
Government Code is amended to read:
84211. Each campaign statement required by this article shall
contain all of the following information:
(a) The total amount of contributions received during the period
covered by the campaign statement and the total cumulative amount of
contributions received.
(b) The total amount of expenditures made during the period
covered by the campaign statement and the total cumulative amount of
expenditures made.
(c) The total amount of contributions received during the period
covered by the campaign statement from persons who have given a
cumulative amount of one hundred dollars ($100) or more.
(d) The total amount of contributions received during the period
covered by the campaign statement from persons who have given a
cumulative amount of less than one hundred dollars ($100).
(e) The balance of cash and cash equivalents on hand at the
beginning and the end of the period covered by the campaign
statement.
(f) If the cumulative amount of contributions (including loans)
received from a person is one hundred dollars ($100) or more and a
contribution or loan has been received from that person during the
period covered by the campaign statement, all of the following:
(1) His or her full name.
(2) His or her street address.
(3) His or her occupation.
(4) The name of his or her employer, or if self-employed, the name
of the business.
(5) The date and amount received for each contribution received
during the period covered by the campaign statement and ,
if the contribution is a loan, the interest rate for the loan.
(6) The cumulative amount of contributions.
(g) If the cumulative amount of loans received from or made to a
person is one hundred dollars ($100) or more, and a loan has been
received from or made to a person during the period covered by the
campaign statement, or is outstanding during the period covered by
the campaign statement, all of the following:
(1) His or her full name.
(2) His or her street address.
(3) His or her occupation.
(4) The name of his or her employer, or if self-employed, the name
of the business.
(5) The original date and amount of each loan.
(6) The due date and interest rate of the loan.
(7) The cumulative payment made or received to date at the end of
the reporting period.
(8) The balance outstanding at the end of the reporting period.
(9) The cumulative amount of contributions.
(h) For each person, other than the filer, who is directly,
indirectly, or contingently liable for repayment of a loan received
or outstanding during the period covered by the campaign statement,
all of the following:
(1) His or her full name.
(2) His or her street address.
(3) His or her occupation.
(4) The name of his or her employer, or if self-employed, the name
of the business.
(5) The amount of his or her maximum liability outstanding.
(i) The total amount of expenditures made during the period
covered by the campaign statement to persons who have received one
hundred dollars ($100) or more.
(j) The total amount of expenditures made during the period
covered by the campaign statement to persons who have received less
than one hundred dollars ($100).
(k) For each person to whom an expenditure of one hundred dollars
($100) or more has been made during the period covered by the
campaign statement, all of the following:
(1) His or her full name.
(2) His or her street address.
(3) The date and amount of each expenditure.
(4) A brief description of the consideration for which each
expenditure was made.
(5) In the case of an expenditure which
that is a contribution to a candidate, elected officer, or
committee or an independent expenditure to support or oppose a
candidate or measure, in addition to the information required in
paragraphs (1) to (4) above , inclusive
, the date of the contribution or independent expenditure, the
cumulative amount of contributions made to a candidate, elected
officer, or committee, or the cumulative amount of independent
expenditures made relative to a candidate or measure; the full name
of the candidate, and the office and district for which he or she
seeks nomination or election, or the number or letter of the measure;
and the jurisdiction in which the measure or candidate is voted
upon.
(6) The information required in paragraphs (1) to (4), inclusive,
for each person, if different from the payee, who has provided
consideration for an expenditure of five hundred dollars ($500) or
more during the period covered by the campaign statement.
For purposes of subdivisions (i), (j), and (k) only, the terms
"expenditure" or "expenditures" mean any individual payment or
accrued expense, unless it is clear from surrounding circumstances
that a series of payments or accrued expenses are for a single
service or product.
( l ) In the case of a controlled committee, an
official committee of a political party, or an organization formed or
existing primarily for political purposes, the amount and source of
any miscellaneous receipt.
(m) If a committee is listed pursuant to subdivision (f), (g),
(h), (k), ( l ), or (q), the number assigned to the
committee by the Secretary of State shall be listed, or if no number
has been assigned, the full name and street address of the treasurer
of the committee.
(n) In a campaign statement filed by a candidate who is a
candidate in both a state primary and general election, his or her
controlled committee, or a committee primarily formed to support or
oppose such a candidate, the total amount of contributions received
and the total amount of expenditures made for the period January 1
through to June 30 , inclusive,
and the total amount of contributions received and expenditures
made for the period July 1 through to
December 31 , inclusive .
(o) The full name, residential or business address, and telephone
number of the filer, or in the case of a campaign statement filed by
a committee defined by subdivision (a) of Section 82013, the name,
street address, and telephone number of the committee and of the
committee treasurer. In the case of a committee defined by
subdivision (b) or (c) of Section 82013, the name that the filer uses
on campaign statements shall be the name by which the filer is
identified for other legal purposes or any name by which the filer is
commonly known to the public.
(p) If the campaign statement is filed by a candidate, the name,
street address, and treasurer of any committee of which he or she has
knowledge which that has received
contributions or made expenditures on behalf of his or her candidacy
and whether the committee is controlled by the candidate.
(q) A 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 before the closing date
of the campaign statement on which the contribution would otherwise
be reported.
(r) If a committee primarily formed for the qualification or
support of, or opposition to, an initiative or ballot measure is
required to report an expenditure to a business entity pursuant to
subdivision (k) and 50 percent or more of the business entity is
owned by a candidate or person controlling the committee, by an
officer or employee of the committee, or by a spouse of any of these
individuals, the committee's campaign statement shall also contain,
in addition to the information required by subdivision (k), that
person's name, the relationship of that person to the committee, and
a description of that person's ownership interest or position with
the business entity.
(s) If a committee primarily formed for the qualification or
support of, or opposition to, an initiative or ballot measure is
required to report an expenditure to a business entity pursuant to
subdivision (k), and a candidate or person controlling the committee,
an officer or employee of the committee, or a spouse of any of these
individuals is an officer, partner, consultant, or employee of the
business entity, the committee's campaign statement shall also
contain, in addition to the information required by subdivision (k),
that person's name, the relationship of that person to the committee,
and a description of that person's ownership interest or position
with the business entity.
(t) If the campaign statement is filed by a committee, as defined
in subdivision (b) or (c) of Section 82013, information sufficient to
identify the nature and interests of the filer, including:
(1) If the filer is an individual, the name and address of the
filer's employer, if any, or his or her principal place of business
if the filer is self-employed, and a description of the business
activity in which the filer or his or her employer is engaged.
(2) If the filer is a business entity, a description of the
business activity in which it is engaged.
(3) If the filer is an industry, trade, or professional
association, a description of the industry, trade, or profession
which that it represents, including a
specific description of any portion or faction of the industry,
trade, or profession which that the
association exclusively or primarily represents.
(4) If the filer is not an individual, business entity, or
industry, trade, or professional association, a statement of the
person's nature and purposes, including a description of any
industry, trade, profession, or other group with a common economic
interest which that the person
principally represents or from which its membership or financial
support is principally derived.
(u) If the filer knows or has reason to know that contributions
from two or more persons have been made at the behest of a third
party, and the cumulative amount of those contributions plus any
amounts the third party has contributed to the filer directly equals
or exceeds the maximum amount that the third party would be permitted
to contribute to the filer under this title, all of the information
required by subdivision (f) with respect to that third party and the
contributions made at the behest of that third party.
SEC. 21. Section 84218 of the
Government Code is amended to read:
84218. (a) (1) 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. for
each cale ndar quarter as follows:
(A) No later than April 15 for the quarter ending March 31.
(B) No later than July 15 for the quarter ending June 30.
(C) No later than October 15 for the quarter ending September 30.
(D) No later than January 31 for the quarter ending December 31.
(2) A slate mailer organization that has received payments of less
than five hundred dollars ($500) and made expenditures of less than
five hundred dollars ($500) during a calendar quarter shall be
permitted to file a statement of inactivity for that quarter, as
prescribed by the Commission.
(b) In addition to the semiannual
quarterly statements required by subdivision (a),
slate mailer organizations shall file preelection statements as
follows:
(1) A
(a), a slate mailer organization which
that 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 statement specified in
subdivision (a) of Section 84200.7
84200.5 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 that
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 that
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 that
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. 22. Section 84252 of the
Government Code is amended to read:
84252. (a) A committee
primarily formed to support or oppose a LAFCO proposal shall file all
statements required under this chapter except that, in lieu of the
statements required by Sections Section
84200 and 84202.3 , the committee shall file
monthly campaign statements from the time circulation of a petition
begins until a measure is placed on the ballot or, if a measure is
not placed on the ballot, until the committee is terminated pursuant
to Section 84214. The committee shall file an original and one copy
of each statement on the 15th day of each calendar month, covering
the prior calendar month, with the clerk of the county in which the
measure may be voted on. If the petition results in a measure that is
placed on the ballot, the committee thereafter shall file campaign
statements required by this chapter.
(b) In addition to any other statements required by this chapter,
a committee that makes independent expenditures in connection with a
LAFCO proposal shall file statements pursuant to Section 84203.5.
SEC. 23. Section 84305.5 of the
Government Code is amended to read:
84305.5. (a) No A slate mailer
organization or committee primarily formed to support or oppose one
or more ballot measures shall not send a slate mailer
unless the slate mailer complies with all of the following
:
(1) The name, street address, and city of the slate mailer
organization or committee primarily formed to support or oppose one
or more ballot measures are shown on the outside of each piece of
slate mail and on at least one of the inserts included with each
piece of slate mail in no less than 8-point roman type ,
which shall be in a color or print which that
contrasts with the background so as to be easily legible. A
post office box may be stated in lieu of a street address if the
street address of the slate mailer organization or the committee
primarily formed to support or oppose one or more ballot
measure measures is a matter of public record
with the Secretary of State's Political Reform Division.
(2) At the top or bottom of the front side or surface of at least
one insert , or at the top or bottom of one side or
surface of a postcard or other self-mailer, there is a notice in at
least 8-point roman boldface type, which shall be in a color or print
which that contrasts with the
background so as to be easily legible, and in a printed or drawn box
and set apart from any other printed matter. The notice shall consist
of the following statement:
-------------------------------------------------
| NOTICE TO VOTERS |
| |
| |
|THIS DOCUMENT WAS PREPARED BY (name of slate |
| |
|mailer organization or committee primarily |
|formed to support |
| |
|or oppose one or more ballot measures), NOT AN |
|OFFICIAL |
| |
|POLITICAL PARTY ORGANIZATION. Appearance in this |
| |
|mailer does not necessarily imply endorsement of |
|others |
| |
|appearing in this mailer, nor does it imply |
|endorsement of, or |
| |
|opposition to, any issues set forth in this |
|mailer. Appearance |
| |
|is paid for and authorized by each candidate and |
|ballot |
| |
|measure whic t h at is
designated by an *.
|
-------------------------------------------------
(3) The name, street address, and city of the slate mailer
organization or committee primarily formed to support or oppose one
or more ballot measures as required by paragraph (1) and the notice
required by paragraph (2) may appear on the same side or surface of
an insert.
(4)
(3) (A) Each candidate and each
ballot measure that has paid to appear in the slate mailer is
designated by an *. Any A candidate or
ballot measure that has not paid to appear in the slate mailer
is shall not be designated
by an *.
The
(B) The * required by this
subdivision paragraph shall be of the
same type size, type style, color or contrast, and legibility as is
used for the name of the candidate , or the ballot measure
name or number and position advocated , to which the *
designation applies , except that in no case shall the *
be required to be larger than 10-point boldface type. The designation
shall immediately follow the name of the candidate, or the name or
number and position advocated on the ballot measure , where
the designation appears in the slate of candidates and measures. If
there is no slate listing, the designation shall appear at least once
in at least 8-point boldface type, immediately following the name of
the candidate, or the name or number and position advocated on the
ballot measure.
(5)
(4) The name of any a
candidate appearing in the slate mailer who is a member of a
political party differing from the political party which
that the mailer appears by representation or
indicia to represent is accompanied, immediately below the name, by
the party designation of the candidate, in no less than 9-point roman
type , which shall be in a color or print that contrasts
with the background so as to be easily legible. The designation shall
not be required in the case of candidates for nonpartisan office.
(b) For purposes of the designations required by paragraph
(4) (3) of subdivision (a), the payment
of any sum made reportable by subdivision (c) of Section 84219 by or
at the behest of a candidate or committee , whose
name or position appears in the mailer, to the slate mailer
organization or committee primarily formed to support or oppose one
or more ballot measures, shall constitute a payment to appear,
requiring the * designation. The payment shall also be deemed to
constitute authorization to appear in the mailer.
(c) The name, street address, and city of the slate mailer
organization or committee primarily formed to support or oppose one
or more ballot measures, as required by paragraph (1) of subdivision
(a), and the notice required by paragraph (2) of subdivision (a) may
appear on the same side or surface of an insert in the slate mailer.
(d) The Commission may, by regulation, impose other requirements
regarding the content of a slate mailer in addition to those
contained in this section.
SEC. 24. Section 84310 of the
Government Code is amended to read:
84310. (a) A candidate, committee, or slate mailer organization
may not expend campaign funds, directly or indirectly, to pay for
telephone calls that are similar in nature and aggregate 500 or more
in number, made by an individual, or individuals, or by electronic
means and that advocate support of, or opposition to, a candidate,
ballot measure, or both, unless during the course of each call the
name of the organization that authorized or paid for the call is
disclosed to the recipient of the call. Unless the organization that
authorized the call and in whose name it is placed has filing
obligations under this title, and the name announced in the call
either is the full name by which the organization or individual is
identified in any statement or report required to be filed under this
title or is the name by which the organization or individual is
commonly known, the candidate, committee, or slate mailer
organization that paid for the call shall be disclosed. This section
shall not apply to telephone calls made by the candidate, the
campaign manager, or individuals who are volunteers.
(b) Campaign and ballot measure committees are prohibited from
contracting with any phone bank vendor that does not disclose the
information required to be disclosed by subdivision (a).
(c) A candidate, committee, or slate mailer organization that pays
for telephone calls as described in subdivision (a) shall maintain a
record of the script of the call for the period of time set forth in
Section 84104. If any of the calls qualifying under subdivision (a)
were recorded messages, a copy of the recording shall be maintained
for that period.
(d) Notwithstanding Article 1 (commencing with Section 2871) of
Chapter 10 of Part 2 of Division 1 of the Public Utilities Code, the
Commission may regulate the content of a prerecorded telephonic
message that is disseminated by means of an automatic
dialing-announcing device and that advocates support of, or
opposition to, a candidate, ballot measure, or both.
SEC. 25. Section 84507 of the
Government Code is amended to read:
84507. Any (a) A
disclosure statement required by this article shall be printed
clearly and legibly in no less than 10-point type and in a
conspicuous manner as defined by the commission
Commission or, if the communication is broadcast, the
information disclosure statement shall
be spoken so as to be clearly audible and understood by the intended
public and otherwise appropriately conveyed for the hearing impaired.
(b) The Commission may adopt regulations exempting an
advertisement from the requirements of this article in any
circumstance when the relevant disclosure statement required by this
article would not be feasible or would not be sufficiently legible so
as to be informative to the intended public.
SEC. 26. Section 85301 of the
Government Code is amended to read:
85301. (a) A person, other than a small contributor committee or
political party committee, may not make to any
a candidate for elective state office other than a
candidate for statewide elective office, and a candidate for elective
state office other than a candidate for statewide elective office
may not accept from a person, any contribution totaling more than
three thousand nine hundred dollars ($3,000)
($3,900) per election.
(b) Except to a candidate for Governor, a person, other than a
small contributor committee or political party committee, may not
make to any a candidate for statewide
elective office, and , except a candidate for Governor, a
candidate for statewide elective office may not accept from a person
other than a small contributor committee or a political party
committee, any contribution totaling more than five
six thousand five hundred dollars
($5,000) ($6,500) per election.
(c) A person, other than a small contributor committee or
political party committee, may not make to any
a candidate for Governor, and a candidate for
governor Governor may not accept from
any a person other than a small contributor
committee or political party committee, any contribution totaling
more than twenty six thousand dollars ($20,000)
($26,000) per election.
(d) The provisions of this section do not apply to a candidate's
contributions of his or her personal funds to his or her own
campaign.
SEC. 27. Section 85302 of the
Government Code is amended to read:
85302. (a) A small contributor committee may not make to
any a candidate for elective state office other
than a candidate for statewide elective office, and a candidate for
elective state office , other than a candidate for
statewide elective office may not accept from a small contributor
committee, any contribution totaling more than six
seven thousand eight hundred dollars
($6,000) ($7,800) per election.
(b) Except to a candidate for Governor, a small contributor
committee may not make to any a
candidate for statewide elective office , and ,
except for a candidate for Governor, a candidate for statewide
elective office may not accept from a small contributor committee,
any contribution totaling more than ten
thirteen thousand dollars ($10,000)
($13,000) per election.
(c) A small contributor committee may not make to any
a candidate for Governor, and a candidate for
governor Governor may not accept from a
small contributor committee, any contribution totaling more than
twenty six thousand dollars ($20,000)
($26,000) per election.
SEC. 28. Section 85303 of the Government
Code is amended to read:
85303. (a) A person may not make to any a
committee , other than a political party
committee, and a committee other than a political party committee may
not accept, any contribution totaling more than five
six thousand five hundred dollars
($5,000) ($6,500) per calendar year for
the purpose of making contributions to candidates for elective state
office.
(b) A person may not make to any a
political party committee, and a political party committee may not
accept, any contribution totaling more than twenty-five
thirty-two thousand five hundred
dollars ($25,000) ($32,500)
per calendar year for the purpose of making contributions for the
support or defeat of candidates for elective state office.
Notwithstanding Section 85312, this limit applies to contributions
made to a political party used for the purpose of making expenditures
at the behest of a candidate for elective state office for
communications to party members related to the candidate's candidacy
for elective state office.
(c) Except as provided in Section 85310, nothing in this chapter
shall limit a person's contributions to a committee or political
party committee provided the contributions are used for purposes
other than making contributions to candidates for elective state
office.
(d) Nothing in this chapter limits a candidate for
elected elective state office from transferring
contributions received by the candidate in excess of any amount
necessary to defray the candidate's expenses for election
related election-related activities or holding
office to a political party committee, provided those transferred
contributions are used for purposes consistent with paragraph (4) of
subdivision (b) of Section 89519.
SEC. 29. Section 85316 of the
Government Code is amended to read:
85316. (a) Except as provided in subdivision (b), a contribution
for an election may be accepted by a candidate for elective state
office after the date of the election only to the extent that the
contribution does not exceed net debts outstanding from the election,
and the contribution does not otherwise exceed the applicable
contribution limit for that election.
(b) Notwithstanding subdivision (a), an elected state officer may
accept contributions after the date of the election for the purpose
of paying expenses associated with holding the office provided that
the contributions are not expended for any contribution to any state
or local committee. Contributions received pursuant to this
subdivision shall be deposited into a bank account established solely
for the purposes specified in this subdivision.
(1) No person shall make, and no elected state officer shall
receive from a person, a contribution pursuant to this subdivision
totaling more than the following amounts per calendar year:
(A) Three thousand two hundred dollars
($3,000) ($3,200) in the case of an elected
state officer of the Assembly or Senate.
(B) Five thousand four hundred dollars
($5,000) ($5,400) in the case of a statewide
elected state officer other than the Governor.
(C) Twenty Twenty-one thousand
six hundred dollars ($20,000) ($21,600)
in the case of the Governor.
(2) No elected state officer shall receive contributions pursuant
to paragraph (1) that, in the aggregate, total more than the
following amounts per calendar year:
(A) Fifty Fifty-three
thousand nine hundred dollars ($50,000)
($53,900) in the case of an elected state officer of the
Assembly or Senate.
(B) One hundred seven thousand nine hundred
dollars ($100,000) ($107,900) in the
case of a statewide elected state officer other than the Governor.
(C) Two hundred fifteen thousand eight hundred
dollars ($200,000) ($215,800) in
the case of the Governor.
(3) Any contribution received pursuant to this subdivision shall
be deemed to be a contribution to that candidate for election to any
state office that he or she may seek during the term of office to
which he or she is currently elected, including, but not limited to,
reelection to the office he or she currently holds, and shall be
subject to any applicable contribution limit provided in this title.
If a contribution received pursuant to this subdivision exceeds the
allowable contribution limit for the office sought, the candidate
shall return the amount exceeding the limit to the contributor on a
basis to be determined by the Commission. None of the expenditures
made by elected state officers pursuant to this subdivision shall be
subject to the voluntary expenditure limitations in Section 85400.
(4) The commission shall adjust the calendar year contribution
limitations and aggregate contribution limitations set forth in this
subdivision in January of every odd-numbered year to reflect any
increase or decrease in the Consumer Price Index. Those adjustments
shall be rounded to the nearest one hundred dollars ($100).
SEC. 30. Section 85400 of the
Government Code is amended to read:
85400. (a) A candidate for elective state office, other than the
Board of Administration of the Public Employees' Retirement System,
who voluntarily accepts expenditure limits may not make campaign
expenditures in excess of the following:
(1) For an Assembly candidate, four five
hundred twenty thousand dollars ($400,000)
($520,000) in the primary or special primary
election and seven nine hundred
nine thousand dollars ($700,000)
($909,000) in the general or special general election.
(2) For a Senate candidate, six seven
hundred eighty thousand dollars ($600,000)
($780,000) in the primary or special primary
election and nine hundred one million one
hundred sixty-nine thousand dollars ($900,000)
($1,169,000) in the general or special general
election.
(3) For a candidate for the State Board of Equalization, one
million two hundred ninety-nine thousand dollars
($1,000,000) ($1,299,000) in the primary
election and one million five hundred nine
hundred forty-nine thousand dollars ($1,500,000)
($1,949,000) in the general election.
(4) For a statewide candidate other than a candidate for Governor
or the State Board of Equalization, four five
million one hundred seventy-nine thousand dollars
($4,000,000) ($5,179,000) in the
primary election and six seven million
seven hundred ninety-five thousand dollars
($6,000,000) ($7,795,000) in the general
election.
(5) For a candidate for Governor, six
seven million seven hundred ninety-five thousand
dollars ($6,000,000) ($7,795,000) in
the primary election and ten twelve
million nine hundred ninety-two thousand dollars
($10,000,000) ($12,992,000) in the general
election.
(b) For purposes of this section, "campaign expenditures" has the
same meaning as "election-related activities" as defined in clauses
(i) to (vi), inclusive, and clause (viii) of subparagraph (C) of
paragraph (2) of subdivision (b) of Section 82015.
(c) A campaign expenditure made by a political party on behalf of
a candidate may not be attributed to the limitations on campaign
expenditures set forth in this section.
SEC. 31. Section 86203 of the
Government Code is repealed.
86203. It shall be unlawful for a lobbyist, or lobbying firm, to
make gifts to one person aggregating more than ten dollars ($10) in a
calendar month, or to act as an agent or intermediary in the making
of any gift, or to arrange for the making of any gift by any other
person.
SEC. 32. Section 86203 is added to the
Government Code , to read:
86203. A lobbyist or lobbying firm shall not give a gift of any
value, act as an agent or intermediary in the giving of a gift, or
arrange for the giving of a gift by another person to an individual
specified in Section 87200, an elected officer of a local government
agency, a candidate for elective office in a local government agency,
a member of a state board or commission, or a designated employee of
a state or local government agency.
SEC. 33. Section 87103 of the
Government Code is amended to read:
87103. A public official has a financial interest in a decision
within the meaning of Section 87100 if it is reasonably foreseeable
that the decision will have a material financial effect,
distinguishable from its effect on the public generally, on the
official, a member of his or her immediate family, or on any of the
following:
(a) Any business entity in which the public official has a direct
or indirect investment worth two thousand dollars ($2,000) or more.
(b) Any real property in which the public official has a direct or
indirect interest worth two thousand dollars ($2,000) or more.
(c) Any source of income, except gifts or loans by a commercial
lending institution made in the regular course of business on terms
available to the public without regard to official status,
aggregating five hundred dollars ($500) or more in value provided or
promised to, or received by, the public official within 12
months prior to the time when the decision is made.
(d) Any business entity in which the public official is a
director, officer, partner, trustee, or employee, or
in which the public official holds any position of management.
(e) Any donor of, or any intermediary or agent for a donor of, a
gift or gifts aggregating two hundred fifty dollars ($250) or more in
value provided to, received by, or promised to the public official
within 12 months prior to the time when the decision is made.
The amount of the value of gifts specified by this
subdivision shall be adjusted biennially by the commission to equal
the same amount determined by the commission pursuant to subdivision
(f) of Section 89503.
For
(f) For purposes of this section,
indirect investment or interest means any investment or interest
owned by the spouse or dependent child of a public official, by an
agent on behalf of a public official, or by a business entity or
trust in which the official , or the
official's agents, spouse, and or
dependent children own directly, indirectly, or beneficially a
10-percent interest or greater.
SEC. 34. Section 87406 of the
Government Code is amended to read:
87406. (a) This section shall be known, and may be cited, as the
Milton Marks Postgovernment Employment Restrictions Act of 1990.
(b) No Member of the Legislature, for a period of one year after
leaving office, and no designated employee of the Legislature,
for a period of one year after leaving his or her employment with the
Legislature, shall, for compensation, act as agent or attorney
for, or otherwise represent, any other person by making any
a formal or informal appearance, or by making
any an oral or written communication,
before the Legislature, any a committee
or subcommittee thereof, any present a
current Member of the Legislature, or any
an officer or employee thereof, if the appearance or
communication is made for
the purpose of influencing legislative action.
(c) No elected state officer, other than a Member of the
Legislature, for a period of one year after leaving office, shall,
for compensation, act as agent or attorney for, or otherwise
represent, any other person by making any a
formal or informal appearance, or by making any
an oral or written communication, before
any a state administrative agency, or
any an officer or employee thereof, if
the appearance or communication is for the purpose of influencing
administrative action , or influencing any
an action or proceeding involving the issuance,
amendment, awarding, or revocation of a permit, license, grant, or
contract, or the sale or purchase of goods or property. For purposes
of this subdivision, an appearance before a "state administrative
agency" does not include an appearance in a court of law, before an
administrative law judge, or before the Workers' Compensation Appeals
Board.
(d) (1) No designated employee of a state administrative agency,
any an officer, employee, or consultant
of a state administrative agency who holds a position which
that entails the making, or participation in
the making, of decisions which that may
foreseeably have a material effect on any a
financial interest, and no member of a state administrative
agency, for a period of one year after leaving office or employment,
shall, for compensation, act as agent or attorney for, or otherwise
represent, any other person , by making
any a formal or informal appearance, or by
making any an oral or written
communication, before any a state
administrative agency, or an officer or employee thereof,
for which he or she worked or that he or she represented
during the 12 months before leaving office or employment, if the
appearance or communication is made for the purpose of influencing
administrative or legislative action, or influencing any
an action or proceeding involving the issuance,
amendment, awarding, or revocation of a permit, license, grant, or
contract, or the sale or purchase of goods or property. For purposes
of this paragraph, an appearance before a state administrative agency
does not include an appearance in a court of law, before an
administrative law judge, or before the Workers' Compensation Appeals
Board. The prohibition of this paragraph shall
only apply to designated employees employed by a state administrative
agency on or after January 7, 1991.
(2) For purposes of paragraph (1), a state administrative agency
of a designated employee of the Governor's office includes any state
administrative agency subject to the direction and control of the
Governor.
(e) The prohibitions contained in subdivisions (b), (c), and (d)
shall do not apply to any
an individual subject to this section who is or
becomes any of the following:
(1) An officer or employee of another state agency, board, or
commission if the appearance or communication is for the purpose of
influencing legislative or administrative action on behalf of the
state agency, board, or commission.
(2) An official holding an elective office of a local government
agency if the appearance or communication is for the purpose of
influencing legislative or administrative action on behalf of the
local government agency.
(f) This section shall become operative on January 1, 1991, but
only if Senate Constitutional Amendment No. 32 of the 1989-90 Regular
Session is approved by the voters. With respect to Members of the
Legislature whose current term of office on January 1, 1991, began in
December 1988, this section shall not apply until January 1, 1993.
SEC. 35. Section 89503 of the
Government Code is amended to read:
89503. (a) No An elected state
officer, elected officer of a local government agency, or other
individual specified in Section 87200 shall not accept
gifts from any single source in any a
calendar year with a total value of more than two hundred fifty
dollars ($250).
(b) (1) No A candidate
for elective state office, for judicial office, or for elective
office in a local government agency shall not accept gifts
from any single source in any a
calendar year with a total value of more than two hundred fifty
dollars ($250). A person shall be deemed is
a candidate for purposes of this subdivision when the person
has filed a statement of organization as a committee for election to
a state or local office, a declaration of intent, or a declaration of
candidacy, whichever occurs first. A person shall
is not be deemed a candidate for
purposes of this subdivision after he or she is sworn into the
elective office, or, if the person lost the election, after the
person has terminated his or her campaign statement filing
obligations for that office pursuant to Section 84214 or after
certification of the election results, whichever is
occurs earlier.
(2) Paragraph (1) shall not apply to any a
person who is a candidate as described in paragraph (1) for
judicial office on or before December 31, 1996.
(c) No A member of a state board or
commission or designated employee of a state or local government
agency shall not accept gifts from any single source in
any a calendar year with a total value
of more than two hundred fifty dollars ($250) if the member or
employee would be required to report the receipt of income or gifts
from that source on his or her statement of economic interests.
(d) This section shall not apply to a person in his or her
capacity as judge. This section shall not apply to a person in his or
her capacity as a part-time member of the governing board of
any a public institution of higher
education unless that position is an elective office.
(e) This section shall not prohibit or limit the following:
(1) Payments, advances, or reimbursements for travel and related
lodging and subsistence permitted by Section 89506.
(2) Wedding gifts and gifts exchanged between individuals on
birthdays, holidays, and other similar occasions, provided that the
gifts exchanged are not substantially disproportionate in value.
(f) Beginning on January 1, 1993, the commission shall adjust the
gift limitation in this section on January 1 of each odd-numbered
year to reflect changes in the Consumer Price Index, rounded to the
nearest ten dollars ($10).
(f) The limitations on gifts in this section are effective
beginning on January 1, 2012.
(g) The limitations in this section are in addition to the
limitations on gifts in Section 86203.
SEC. 36. Section 91013 of the
Government Code is amended to read:
91013. (a) If any a person files an
original statement or report after any the
applicable deadline imposed by this act, he or she shall, in
addition to any other penalties or remedies established by this
act title , be liable in the amount of
ten twenty-five dollars ($10)
($25) per day after the deadline until the
statement or report is filed, to the officer with whom the statement
or report is required to be filed. Liability need not be enforced by
the filing officer if , on an impartial basis ,
he or she determines that the late filing was not willful and that
enforcement of the liability will not further the purposes of the
act, except that no liability shall be waived if a statement or
report is not filed within 30 days for a statement of economic
interest interests , other than a
candidate's statement filed pursuant to Section 87201, five days for
a campaign statement required to be filed 12
16 days before an election, and 10 days for all other
statements or reports, after the filing officer has sent specific
written notice of the filing requirement.
(b) If any a person files a copy of
a statement or report after any the
applicable deadline imposed by this act
title , he or she shall, in addition to any other penalties or
remedies established by this chapter title
, be liable in the amount of ten
twenty-five dollars ($10) ($25)
per day, starting 10 days, or five days in the case of a campaign
statement required to be filed 12 16
days before an election, after the filing officer has sent
specific written notice of the filing requirement and until the
statement or report is filed.
(c) The filing officer shall deposit any funds received
under this section into the general fund of the jurisdiction of
which he or she is an officer. No liability under this section shall
exceed 150 percent of the cumulative amount stated in the
late statement or report, or one seven
hundred fifty dollars ($100)
($750) , whichever is greater.
(d) Notwithstanding Section 89513 or 89514 or any other provision
of this title, a candidate or elected officer shall not use campaign
funds to pay a fine imposed on him or her pursuant to this section.
SEC. 37. (a) It is the intent of the Legislature
to develop a single, statewide electronic filing system that
consolidates the filing of all state and local campaign statements
and reports required by the Political Reform Act of 1974 (Title 9
(commencing with Section 81000) of the Government Code) into one
searchable database that provides for, but is not limited to, all of
the following:
(1) Electronic filing of committee organization statements.
(2) Electronic filing of campaign statements by all state
committees, without regard to the amounts of contributions and
expenditures.
(3) Electronic filing of reports by all major donors at the state
and local levels when specified thresholds are met.
(4) A consolidated statewide network that includes a process to
import into the statewide database state-required committee
disclosures from each local jurisdiction that has its own electronic
filing system.
(5) A statewide, Internet Web-based database with expanded filing
and public search capabilities that are data-driven and user-friendly
for all members of the public.
(b) The Secretary of State and the Fair Political Practices
Commission shall jointly work toward development of the electronic
filing system described in subdivision (a) as follows:
(1) Not later than August 31, 2012, the Secretary of State and the
Commission shall develop a technology plan that will outline the
technology requirements and the costs of the electronic filing
system.
(2) The Secretary of State and the Commission shall develop a
funding plan that includes a comprehensive and detailed project
budget that will be accurate through the duration of the project and
will include appropriate and reasonable contingencies. The funding
plan shall describe proposals for raising funds for development of
the electronic filing system, including grants from private and
public sources, federal funds, state appropriations, and fees charged
to filers of committee organization statements and campaign
statements.
(3) The Secretary of State and the Commission shall engage in
fundraising pursuant to the plan developed pursuant to paragraph (2)
and pursuant to the Commission's authority to accept funding under
Section 83117 of the Government Code.
(4) Not later than December 31, 2014, the Secretary of State and
the Commission shall complete work on the development, construction,
and launch of the electronic filing system described by this section.
SEC. 38. 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. 39. 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.
SECTION 1. It is the intent of the Legislature
to enact legislation relating to the Political Reform Act of 1974.