BILL NUMBER: AB 1413	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 17, 2011

INTRODUCED BY   Committee on Elections and Redistricting (Fong
(Chair), Logue (Vice Chair), Bonilla, Hall, Mendoza, Swanson, and
Valadao)

                        MARCH 14, 2011

   An act to amend Sections 81008, 83109, and 84211 of the Government
Code, relating to the Political Reform Act of 1974.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1413, as amended, Committee on Elections and Redistricting.
Political Reform Act of 1974.
   The Political Reform Act of 1974 requires that candidates for
public office and committees file periodic campaign statements
disclosing contributions received, expenditures made, and other
specified information. If a campaign statement is filed by a
candidate, the act requires that the statement identify the name,
street address, and treasurer of any committee of which the candidate
has knowledge that has received contributions or made expenditures
on behalf of the candidate's candidacy, and whether the committee is
controlled by the candidate. The act also requires that campaign
statements be available for public inspection from 9 a.m. to 5 p.m.
on the Saturday preceding a statewide primary or statewide general
election at the offices of the Secretary of State, the
Registrar-Recorder of Los Angeles County, the Registrar of Voters of
San Diego County, and the Registrar of Voters of the City and County
of San Francisco.
   This bill would require that if a candidate files a campaign
statement that identifies a committee that has received contributions
or made expenditures on behalf of his or her candidacy, the
statement shall disclose 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. The bill would
delete the requirement that campaign statements be available for
public inspection on the Saturday preceding a statewide primary or
general election at the Registrar-Recorder of Los Angeles County, the
Registrar of Voters of San Diego County, and the Registrar of Voters
of the City and County of San Francisco.
   The bill also  would make nonsubstantive changes
to provisions regarding the applicability of civil service laws to
the Fair Political Practices Commission. 
   This bill would also incorporate additional changes in Section
84211 of the Government Code proposed by AB 1146, that would become
operative only if AB 1146 and this bill are both chaptered and become
effective on or before January 1, 2012, and this bill is chaptered
last. 
   Existing law makes a knowing or willful violation of the Political
Reform Act of 1974 a misdemeanor and subjects offenders to criminal
penalties.
   This bill would impose a state-mandated local program by creating
additional crimes.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   The Political Reform Act of 1974, an initiative measure, provides
that the Legislature may amend the act to further the act's purposes
upon a 2/3 vote of each house and compliance with specified
procedural requirements.
   This bill would declare that it furthers the purposes of the act.

   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 81008 of the Government Code is amended to
read:
   81008.  (a) Every report and statement filed pursuant to this
title is a public record open for public inspection and reproduction
during regular business hours, commencing as soon as practicable, but
in any event not later than the second business day following the
day on which it was received. No conditions whatsoever shall be
imposed upon persons desiring to inspect or reproduce reports and
statements filed under this title, nor shall any information or
identification be required from these persons. Copies shall be
provided at a charge not to exceed ten cents ($0.10) per page. In
addition, the filing officer may charge a retrieval fee not to exceed
five dollars ($5) per request for copies of reports and statements
which are five or more years old. A request for more than one report
or statement or report and statement at the same time shall be
considered a single request.
   (b) Campaign statements shall be open for public inspection and
reproduction from 9 a.m. to 5 p.m. on the Saturday preceding a
statewide primary or statewide general election in the office of the
Secretary of State.
  SEC. 2.  Section 83109 of the Government Code is amended to read:
   83109.  For purposes of Section 19818.6, a nonclerical position
under the Commission shall not be included in the same class in the
civil service classification plan with any position of any other
department or agency.
  SEC. 3.  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 amount of each expenditure.
   (4) A brief description of the consideration for which each
expenditure was made.
   (5) In the case of an expenditure 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), 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 (p), 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 June 30 and the total amount of contributions received and
expenditures made for the period July 1 through December 31.
   (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 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 that
it represents, including a specific description of any portion or
faction of the industry, trade, or profession 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 that the person principally represents or from which its
membership or financial support is principally derived.
   SEC. 3.5.    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   two  hundred
dollars  ($100)   ($200)  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   two 
hundred dollars  ($100)   ($200)  .
   (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   two 
hundred dollars  ($100)   ($200)  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   two  hundred dollars
 ($100)   ($200)  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   two  hundred dollars  ($100)
  ($200)  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   two  hundred dollars 
($100)   ($200)  .
   (k) For each person to whom an expenditure of  one
  two  hundred dollars  ($100) 
 ($200)  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 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)   (p)  ,
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.
   SEC. 4.    Section 3.5 of this bill incorporates
amendments to Section 84211 of the Government Code proposed by both
this bill and Assembly Bill 1146. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2012, (2) each bill amends Section 84211 of the Government Code,
and (3) this bill is enacted after Assembly Bill 1146, in which case
Section 3 of this bill shall not become operative. 
   SEC. 4.   SEC. 5.   No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.
   SEC. 5.   SEC. 6.   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.