BILL NUMBER: AB 2191	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 24, 2012

INTRODUCED BY   Assembly Member Norby

                        FEBRUARY 23, 2012

   An act to amend  Sections 81009.5, 82013, 82023, and
  Section  85703 of  , and to add Section 84207
to,  the Government Code, relating to the Political Reform Act
of 1974.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2191, as amended, Norby. Political Reform Act of 1974: county
central committees.
   The Political Reform Act of 1974 requires elected officers,
candidates for elective office, and committees to prepare and file
various campaign finance reports, as specified.  The act
defines "committee" to include, among other things, any person or
combination of persons who directly or indirectly receive
contributions totaling $1,000 or more in a calendar year. The act
defines "elective office" to expressly include membership on a county
central committee of a qualified political party, thereby making
elected members of, and candidates for election to, a county central
committee of a qualified political party subject to the reporting
requirements of the act.  
   This bill would revise the definition of "elective office" to
exclude membership on a county central committee of a qualified
political party and would revise the definition of "committee" to
exclude an entity that is primarily formed to support or oppose a
person seeking election to a county central committee of a qualified
political party.  
   This bill would exempt an elected member of, or a candidate for
election to, a county central committee of a qualified political
party who receives contributions of less than $1,000 and who makes
expenditures of less than $1,000 in a calendar year from the
requirements to file specified campaign statements. 
   The act imposes limitations on contributions by persons to
candidates for elective state office and permits local jurisdictions
to impose additional contribution limitations, as specified. The act
also authorizes a local agency to impose additional filing
requirements on a person, except as specified.
   This bill would prohibit a local government agency from imposing
 any  filing requirements on  an  elected 
members   member  of, or  candidates
  a candidate  for election to, a county central
committee of a qualified political party  who receives
contributions of less than $1,000 and who makes expenditures of less
than $1,000 in a calendar year  . The bill would also prohibit a
local  agency   jurisdiction  from
imposing any contribution limitations or prohibitions on  an
 elected  members   member  of, or
 candidates   a candidate  for election to,
a county central committee of a qualified political party, or on a
committee primarily formed to support or oppose a person seeking
election to a county central committee of a qualified political
party. 
   The Political Reform Act of 1974, an initiative measure, provides
that the act may be amended by a statute that becomes effective upon
approval of the voters.  
   This bill would require the Secretary of State to submit the
provisions of the bill that would amend the Political Reform Act of
1974 to the voters for approval at a statewide election, as
specified.  
   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:  majority   2/3 . Appropriation:
no. Fiscal committee: no. State-mandated local program: no.


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

   SECTION 1   .    Section 84207 is added to
the   Government Code  , to read:  
   84207.  (a) An elected member of, or a candidate for election to,
a county central committee of a qualified political party who
receives contributions of less than one thousand dollars ($1,000) and
who makes expenditures of less than one thousand dollars ($1,000) in
a calendar year shall not be required to file any campaign
statements required by this chapter.
   (b) Notwithstanding Sections 81009.5 and 81013, a local government
agency shall not impose any filing requirements on an elected member
of, or a candidate for election to, a county central committee of a
qualified political party who receives contributions of less than one
thousand dollars ($1,000) and who makes expenditures of less than
one thousand dollars ($1,000) in a calendar year. 
   SEC. 2.    Section 85703 of the   Government
Code   is amended to read: 
   85703.  (a) Nothing in this act shall nullify contribution
limitations or prohibitions of any local jurisdiction that apply to
elections for local elective office, except that these limitations
and prohibitions may not conflict with  the provisions of
 Section 85312.  However, a local jurisdiction shall not
impose any contribution limitations or prohibitions on an elected
member of, or a candidate for election to, a county central committee
of a qualified political party, or on a committee primarily formed
to support or oppose a person seeking election to a county central
committee of a qualified political party. 
   (b) Limitations and prohibitions imposed by a local jurisdiction
on payments for a member communication, as defined in subdivision
(c), that conflict with Section 85312 and which are thereby
prohibited by subdivision (a) include, but are not limited to, any of
the following:
   (1) Source restrictions on payments for member communications that
are not expressly made applicable to member communications by a
state statute or by a regulation adopted by the  commission
  Commission  pursuant to Section 83112.
   (2) Limitations on payments to a political party committee for a
member communication that are not expressly made applicable to member
communications by a state statute or by a regulation adopted by the
 commission   Commission  pursuant to
Section 83112.
   (3) Limitations on the scope of payments considered directly
related to the making of a member communication, including costs
associated with the formulation, design, production, and distribution
of the communication such as surveys, list acquisition, and
consulting fees that are not expressly made applicable to member
communications by a state statute or by a regulation adopted by the
 commission   Commission  pursuant to
Section 83112.
   (c) For purposes of this section, "member communication" means a
communication, within the meaning of Section 85312, to members,
employees, shareholders, or families of members, employees, or
shareholders of an organization, including a communication by a
political party to a member who is registered as expressing a
preference for that party on his or her affidavit of registration
pursuant to Sections 2150, 2151, and 2152 of the Elections Code.
   SEC. 3.    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.    Section 81009.5 of the Government
Code is amended to read:
   81009.5.  (a) A local government agency 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.
   (b) Notwithstanding Section 81013, a local government agency shall
not enact any 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 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 is
being voted on only in that jurisdiction, and to city or county
general purpose committees active only in that city or county,
respectively. However, a local government agency shall not impose any
filing requirements on elected members of, or candidates for
election to, a county central committee of a qualified political
party or on committees primarily formed to support or oppose a person
seeking election to a county central committee of a qualified
political party.  
  SEC. 2.    Section 82013 of the Government Code is
amended to read:
   82013.  "Committee" means any person or combination of persons who
directly or indirectly does any of the following:
   (a) Receives contributions totaling one thousand dollars ($1,000)
or more in a calendar year.
   (b) Makes independent expenditures totaling one thousand dollars
($1,000) or more in a calendar year.
   (c) Makes contributions totaling ten thousand dollars ($10,000) or
more in a calendar year to or at the behest of candidates or
committees.
   A person or combination of persons that becomes a committee shall
retain its status as a committee until that status is terminated
pursuant to Section 84214.
   "Committee" does not include an entity primarily formed to support
or oppose a person seeking election to a county central committee of
a qualified political party.  
  SEC. 3.    Section 82023 of the Government Code is
amended to read:
   82023.  "Elective office" means any state, regional, county,
municipal, district, or judicial office that is filled at an
election. "Elective office" also includes membership through election
on the Board of Administration of the Public Employees' Retirement
System or the Teachers' Retirement Board. "Elective office" does not
include membership on a county central committee of a qualified
political party.  
  SEC. 4.    Section 85703 of the Government Code is
amended to read:
   85703.  (a) Nothing in this act shall nullify contribution
limitations or prohibitions of any local jurisdiction that apply to
elections for local elective office, except that these limitations
and prohibitions may not conflict with Section 85312. However, a
local jurisdiction shall not impose any contribution limitations or
prohibitions on elected members of, or candidates for election to, a
county central committee of a qualified political party, or on a
committee primarily formed to support or oppose a person seeking
election to a county central committee of a qualified political
party.
   (b) Limitations and prohibitions imposed by a local jurisdiction
on payments for a member communication, as defined in subdivision
(c), that conflict with Section 85312 and which are thereby
prohibited by subdivision (a) include, but are not limited to, any of
the following:
   (1) Source restrictions on payments for member communications that
are not expressly made applicable to member communications by a
state statute or by a regulation adopted by the Commission pursuant
to Section 83112.
   (2) Limitations on payments to a political party committee for a
member communication that are not expressly made applicable to member
communications by a state statute or by a regulation adopted by the
Commission pursuant to Section 83112.
   (3) Limitations on the scope of payments considered directly
related to the making of a member communication, including costs
associated with the formulation, design, production, and distribution
of the communication such as surveys, list acquisition, and
consulting fees that are not expressly made applicable to member
communications by a state statute or by a regulation adopted by the
Commission pursuant to Section 83112.
   (c) For purposes of this section, "member communication" means a
communication, within the meaning of Section 85312, to members,
employees, shareholders, or families of members, employees, or
shareholders of an organization, including a communication by a
political party to its members who are registered with that party.
 
  SEC. 5.    The Secretary of State shall, pursuant
to subdivision (b) of Section 81012 of the Government Code, submit
Sections 1 to 4, inclusive, of this act to the voters for approval at
a statewide election in accordance with Section 9040 of the
Elections Code.