California Legislature—2013–14 Regular Session

Assembly BillNo. 800


Introduced by Assembly Member Gordon

February 21, 2013


An act to amend Sections 82007, 82013, 82016, 84101, 84303, 85201, 89519, 90002, 90003, 90004, and 90005 of, and to add Sections 90008 and 90009 to, the Government Code, relating to the Political Reform Act of 1974.

LEGISLATIVE COUNSEL’S DIGEST

AB 800, as introduced, Gordon. Political Reform Act of 1974

(1) The Political Reform Act of 1974 defines various terms for purposes of the reporting and disclosure requirements under the act.

The act defines the term “candidate” as including, in addition to other individuals, an officeholder who is the subject of a recall election. This definition also provides that an individual who becomes a candidate retains his or her status as a candidate until the time that this status is terminated.

This bill would revise this definition to provide that the term “candidate” includes any officeholder, regardless of whether he or she is the subject of a recall election, and would provide that a candidate retains that status until the time that he or she leaves office and the status is terminated.

The act defines a “committee” as any person or combination of persons who receives contributions or makes independent expenditures totaling $1,000 or more in a calendar year.

This bill would increase the monetary threshold of contributions or independent expenditures that qualify a person or combination of persons as a committee to $2,000. The bill also would make conforming changes.

The act defines a “controlled committee” as a committee that is controlled directly or indirectly by a candidate or state measure proponent or that acts jointly with a candidate, controlled committee, or state measure proponent in connection with the making of expenditures. The act provides that a candidate or state measure proponent controls a committee if he or she, his or her agent, or any other committee he or she controls has a significant influence on the actions or decisions of the committee.

This bill would establish a presumption that a committee is significantly influenced by a candidate for purposes of these provisions if any of several specified factors is satisfied.

(2) The act prohibits an agent or independent contractor from making an expenditure of $500 or more, other than overhead or normal operating expenses, on behalf of or for the benefit of any candidate or committee unless it is reported by the candidate or committee as if the expenditure were made directly by the candidate or committee. The act requires an agent or independent contractor to make known to the candidate or committee all information subject to this reporting requirement.

This bill, in addition, would require a subagent or subcontractor who provides goods or services to or for the benefit of a candidate or committee to make known to the agent or independent contractor all of the information subject to the reporting requirement described above, and would require that disclosure of this information by a subagent or subcontractor to the agent or independent contractor or by the agent or independent contractor to the candidate or committee occur no later than three working days prior to the time the campaign statement reporting the expenditure is required to be filed, except that an expenditure that is required to be reported as a late contribution or late independent expenditure must be reported to the candidate or committee within 24 hours of the time that it is made.

(3) The act defines as “surplus campaign funds” campaign funds that are under the control of a former candidate or former elected officer as of the date of leaving elective office or the end of the postelection reporting period following the defeat of the candidate for elective office, whichever occurs last. The act restricts the purposes for which surplus campaign funds may be expended.

This bill would increase the time at which campaign funds become surplus campaign funds by 90 days following either the officer leaving elective office or the end of the postelection reporting period following the defeat of a candidate, whichever occurs last.

(4) The act requires the Franchise Tax Board to conduct audits and field investigations of various financial statements required to be submitted by lobbying firms, lobbyist employers, candidates, and specified committees.

The act prohibits the commencement of an audit or investigation of a candidate, controlled committee, or committee primarily supporting or opposing a candidate or a measure in connection with a report or statement required by specified provisions of the act until after the last date for filing the first report or statement following the general, runoff, or special election for the office for which the candidate ran, or following the election at which the measure was adopted or defeated, except as provided. The act prescribes the scope of campaign statements and reports to be included in audits and investigations of candidates, controlled committees, or committees primarily supporting or opposing a candidate or a measure.

This bill would delete these provisions that delay the commencement of an audit or investigation and prescribe the scope of audits and investigations.

In addition to the general auditing requirements imposed on the Franchise Tax Board as described above, the act authorizes the Franchise Tax Board and the Fair Political Practices Commission to make investigations and audits with respect to any reports or statements required by specified provisions of the act regarding campaign disclosure, limitations on contributions, and lobbyists.

This bill would expand this authority to allow the Franchise Tax Board and the Fair Political Practices Commission to make investigations and audits with respect to any reports or statements required under the act.

The act requires the Franchise Tax Board periodically to prepare reports regarding its audit and investigations under the act and send them to the Commission, the Secretary of State, and the Attorney General. The act requires the board to complete its report of any audit conducted on a random basis pursuant to a specified statute within one year after the person or entity subject to the audit is selected by the Commission to be audited.

This bill would delete this deadline for completing reports regarding audits conducted on a random basis.

The act prohibits a member, employee, or agent of the Franchise Tax Board from divulging or making known in any manner any particulars of any record, documents, or information which he or she receives by virtue of conducting audits and investigations, except as provided.

This bill, in addition, would make this prohibition applicable to a member, employee, or agent of the Fair Political Practices Commission.

This bill would authorize the Fair Political Practices Commission, and the Franchise Tax Board at the direction of the Commission, to audit any record required to be maintained under the act in order to ensure compliance with the act prior to an election, even if the record is a report or statement that has not yet been filed. The bill would authorize the Commission to seek injunctive relief in a superior court to compel disclosure consistent with the act, and would require a court to grant expedited review of an action filed pursuant to this provision, as specified.

(5) 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.

(6) 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 23 vote of each house and compliance with specified procedural requirements.

This bill would declare that it furthers the purposes of the act.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P4    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) The people of this state have a compelling interest in
4ensuring that the political contributions and expenditures of
5nonprofit entities, multipurpose organizations, and other
P5    1committees are subject to prompt public disclosure prior to
2elections in order to provide as much information to the public as
3possible in a timely manner.

4(b) If the Fair Political Practices Commission determines that
5an audit or investigation is in the best interests of the public in
6order to detect violations of the Political Reform Act of 1974,
7judicial review of an action in this regard should receive expedited
8review.

9(c) It is therefore the intent of the Legislature to ensure that the
10Fair Political Practices Commission be given the authority to carry
11out the provisions of the Political Reform Act of 1974 in a manner
12that ensures information regarding political contributions and
13expenditures is provided to the public in an expedited manner prior
14to elections.

15

SEC. 2.  

Section 82007 of the Government Code is amended
16to read:

17

82007.  

“Candidate” means an individual who is listed on the
18ballotbegin insert,end insert or who has qualified to have write-in votes on his or her
19behalf counted by election officials, for nomination for or election
20tobegin delete anyend deletebegin insert anend insert elective office, or who receives a contribution or makes
21an expenditure or gives his or her consent for any other person to
22receive a contribution or make an expenditure with a view to
23bringing about his or her nomination or election tobegin delete anyend deletebegin insert anend insert elective
24office, whether or not the specific elective office for which he or
25she will seek nomination or election is known at the time the
26contribution is received or the expenditure is made and whether
27or not he or she has announced his or her candidacy or filed a
28declaration of candidacy atbegin delete suchend deletebegin insert thatend insert time. “Candidate” also
29includesbegin delete anyend deletebegin insert anend insert officeholderbegin delete who is the subject of a recall electionend delete.
30An individual who becomes a candidate shall retain his or her
31status as a candidate untilbegin delete suchend deletebegin insert theend insert timebegin delete as thatend deletebegin insert he or she leaves
32office and his or herend insert
statusbegin insert as a candidateend insert is terminated pursuant
33to Section 84214. “Candidate” does not includebegin delete anyend deletebegin insert aend insert person within
34the meaning of Section 301(b) of the Federal Election Campaign
35Act of 1971.

36

SEC. 3.  

Section 82013 of the Government Code is amended
37to read:

38

82013.  

“Committee” meansbegin delete anyend deletebegin insert aend insert person or combination of
39persons who directly or indirectly does any of the following:

P6    1(a) Receives contributions totalingbegin delete one thousand dollars ($1,000)end delete
2begin insert two thousand dollars ($2,000)end insert or more in a calendar year.

3(b) Makes independent expenditures totalingbegin delete one thousand
4dollars ($1,000)end delete
begin insert two thousand dollars ($2,000)end insert or more in a
5calendar yearbegin delete; orend deletebegin insert.end insert

6(c) Makes contributions totaling ten thousand dollars ($10,000)
7or more in a calendar year to or at the behest of candidates or
8committees.

9A person or combination of persons that becomes a committee
10shall retain its status as a committee until such time as that status
11is terminated pursuant to Section 84214.

12

SEC. 4.  

Section 82016 of the Government Code is amended
13to read:

14

82016.  

(a) “Controlled committee” means a committee that
15is controlled directly or indirectly by a candidate or state measure
16proponent or that acts jointly with a candidate, controlled
17committee, or state measure proponent in connection with the
18making of expenditures. A candidate or state measure proponent
19controls a committee if he or she, his or her agent, or any other
20committee he or she controls has a significant influence on the
21actions or decisions of the committee.

22(b) Notwithstanding subdivision (a), a political party committee,
23as defined in Section 85205, is not a controlled committee.

begin insert

24(c) For purposes of subdivision (a), a committee is presumed
25to be significantly influenced by a candidate, his or her agent, or
26another committee he or she controls if any of the following is
27satisfied:

end insert
begin insert

28(1) The candidate, or his or her agent, is a voting member of
29the committee’s governing body.

end insert
begin insert

30(2) The candidate, or his or her agent, is involved in the
31decisionmaking of the committee, or the development or
32implementation of the committee’s campaign strategy.

end insert
begin insert

33(3) The candidate, or his or her agent, is involved in directing,
34planning, or implementing the committee’s fundraising activities
35in a greater capacity than making endorsements or appearing at
36fundraisers.

end insert
begin insert

37(4) The candidate, or his or her agent, is substantially involved
38in directing the day-to-day operations of the committee.

end insert
39

SEC. 5.  

Section 84101 of the Government Code is amended
40to read:

P7    1

84101.  

(a) A committee that is a committee by virtue of
2subdivision (a) of Section 82013 shall file a statement of
3organization. The committee shall file the original of the statement
4of organization with the Secretary of State and shallbegin delete alsoend delete file a
5copy of the statement of organization with the local filing officer,
6if any, with whom the committee is required to file the originals
7of its campaign reports pursuant to Section 84215. The original
8and copy of the statement of organization shall be filed within 10
9days after the committee has qualified as a committee. The
10Secretary of State shall assign a number to each committee that
11files a statement of organization and shall notify the committee of
12the number. The Secretary of State shall send a copy of statements
13filed pursuant to this section to the county elections official of each
14county that he or she deems appropriate. A county elections official
15who receives a copy of a statement of organization from the
16Secretary of State pursuant to this section shall send a copy of the
17statement to the clerk of each city in the county that he or she
18deems appropriate.

19(b) In addition to filing the statement of organization as required
20by subdivision (a), if a committee qualifies as a committee under
21subdivision (a) of Section 82013 before the date of an election in
22connection with which the committee is required to file preelection
23statements, but after the closing date of the last campaign statement
24required to be filed before the election pursuant to Section 84200.7,
2584200.8, or 84200.9, the committee shall file, by facsimile
26transmission, guaranteed overnight delivery, or personal delivery
27within 24 hours of qualifying as a committee, the information
28required to be reported in the statement of organization. The
29information required by this subdivision shall be filed with the
30filing officer with whom the committee is required to file the
31originals of its campaign reports pursuant to Section 84215.

32(c) If an independent expenditure committee qualifies as a
33committee pursuant to subdivision (a) of Section 82013 during the
34time period described in Section 82036.5 and makes independent
35expenditures of one thousand dollars ($1,000) or more to support
36or oppose a candidate or candidates for office, the committee shall
37file, by facsimile transmission, online transmission, guaranteed
38overnight delivery, or personal delivery within 24 hours of
39qualifying as a committee, the information required to be reported
40in the statement of organization. The information required by this
P8    1section shall be filed with the filing officer with whom the
2committee is required to file the original of its campaign reports
3pursuant to Section 84215, and shall be filed at all locations
4required for the candidate or candidates supported or opposed by
5the independent expenditures. The filings required by this section
6are in addition to filings that may be required by Sections 84203.5
7and 84204.

8(d) For purposes of this section, in calculating whetherbegin delete one
9thousand dollars ($1,000)end delete
begin insert two thousand dollars ($2,000)end insert in
10contributions has been received, payments for a filing fee or for a
11statement of qualifications to appear in a sample ballot shall not
12be included if these payments have been made from the candidate’s
13personal funds.

14

SEC. 6.  

Section 84303 of the Government Code is amended
15to read:

16

84303.  

begin deleteNo end deletebegin insert(a)end insertbegin insertend insertbegin insertAn end insertexpenditure of five hundred dollars ($500)
17or more shallbegin insert notend insert be made, other thanbegin insert forend insert overhead or normal
18operating expenses, by an agent or independent contractor,
19including, but not limited to, an advertising agency, on behalf of
20or for the benefit ofbegin delete anyend deletebegin insert aend insert candidate or committee unless it is
21reported by the candidate or committee as if the expenditure were
22made directly by the candidate or committee.begin delete Theend delete

23begin insert(b)end insertbegin insertend insertbegin insertA subagent or subcontractor who provides goods or services
24to or for the benefit of a candidate or committee shall make known
25to the agent or independent contractor all of the information
26required to be reported by this section, and theend insert
agent or
27independent contractor shallbegin insert thenend insert make known to the candidate or
28committee allbegin insert of theend insert information required to be reported by this
29sectionbegin insert no later than three working days prior to the time the
30campaign statement reporting the expenditure is required to be
31filed, except that an expenditure that is required to be reported by
32Section 84203 or 84204 shall be reported to the candidate or
33committee within 24 hours of the time that it is madeend insert
.

34

SEC. 7.  

Section 85201 of the Government Code is amended
35to read:

36

85201.  

(a) Upon the filing of the statement of intention
37pursuant to Section 85200, the individual shall establish one
38campaign contribution account at an office of a financial institution
39located in the state.

P9    1(b) As required by subdivision (f) of Section 84102, a candidate
2who raises contributions ofbegin delete one thousand dollars ($1,000)end deletebegin insert two
3thousand dollars ($2,000)end insert
or more in a calendar year shall set forth
4the name and address of the financial institution where the
5candidate has established a campaign contribution account and the
6account number on the committee statement of organization filed
7pursuant to Sections 84101 and 84103.

8(c) All contributions or loans made to the candidate, to a person
9on behalf of the candidate, or to the candidate’s controlled
10committee shall be deposited in the account.

11(d) Any personal fundsbegin delete whichend deletebegin insert thatend insert will be utilized to promote
12the election of the candidate shall be deposited in the account prior
13to expenditure.

14(e) All campaign expenditures shall be made from the account.

15(f) Subdivisions (d) and (e) do not apply to a candidate’s
16payment for a filing fee and statement of qualifications from his
17or her personal funds.

18(g) This section does not apply to a candidate who will not
19receive contributions and who makes expenditures from personal
20funds of less thanbegin delete one thousand dollars ($1,000)end deletebegin insert two thousand
21dollars ($2,000)end insert
in a calendar year to support his or her candidacy.
22For purposes of this section, a candidate’s payment for a filing fee
23and statement of qualifications shall not be included in calculating
24the total expenditures made.

25(h) An individual who raises contributions from others for his
26or her campaign, but who raises or spends less thanbegin delete one thousand
27dollars ($1,000)end delete
begin insert two thousand dollars ($2,000)end insert in a calendar year,
28and does not qualify as a committee under Section 82013, shall
29establish a campaign contribution account pursuant to subdivision
30(a), but is not required to file a committee statement of organization
31pursuant to Section 84101 or other statement of bank account
32information.

33

SEC. 8.  

Section 89519 of the Government Code is amended
34to read:

35

89519.  

(a) Uponbegin insert the 90th day afterend insert leavingbegin delete any electedend deletebegin insert an
36electiveend insert
office, orbegin delete atend deletebegin insert the 90th day followingend insert the end of the
37postelection reporting period following the defeat of a candidate
38for elective office, whichever occurs last, campaign fundsbegin delete raised
39after January 1, 1989,end delete
under the control of the former candidate
40or elected officer shall be considered surplus campaign funds and
P10   1shall be disclosed pursuant to Chapter 4 (commencing with Section
284100).

3(b) Surplus campaign funds shall be used only for the following
4purposes:

5(1) The payment of outstanding campaign debts or elected
6officer’s expenses.

7(2) The repayment of contributions.

8(3) Donations tobegin delete anyend deletebegin insert aend insert bona fide charitable, educational, civic,
9religious, or similar tax-exempt, nonprofit organization, where no
10substantial part of the proceeds will have a material financial effect
11on the former candidate or elected officer, any member of his or
12her immediate family, or his or her campaign treasurer.

13(4) Contributions to a political party committee, provided the
14campaign funds are not used to support or oppose candidates for
15elective office. However, the campaign funds may be used by a
16political party committee to conduct partisan voter registration,
17partisan get-out-the-vote activities, and slate mailers as that term
18is defined in Section 82048.3.

19(5) Contributions to support or opposebegin delete anyend deletebegin insert aend insert candidate for
20federal office,begin delete anyend deletebegin insert aend insert candidate for elective office in a state other
21than California, orbegin delete anyend deletebegin insert aend insert ballot measure.

22(6) The payment for professional services reasonably required
23by the committee to assist in the performance of its administrative
24functions, including payment for attorney’s fees for litigationbegin delete whichend delete
25begin insert thatend insert arises directly out of a candidate’s or elected officer’s
26activities, duties, or status as a candidate or elected officer,
27including, but not limited to, an action to enjoin defamation,
28defense of an action broughtbegin delete ofend deletebegin insert forend insert a violation of state or local
29campaign, disclosure, or election laws, and an action from an
30election contest or recount.

31(c) For purposes of this section, the payment for, or the
32reimbursement to the state of, the costs of installing and monitoring
33an electronic security system in the home or office, or both, of a
34candidate or elected officer who has received threats to his or her
35physical safety shall be deemed an outstanding campaign debt or
36elected officer’s expense, provided that the threats arise from his
37or her activities, duties, or status as a candidate or elected officer
38and that the threats have been reported to and verified by an
39appropriate law enforcement agency. Verification shall be
40determined solely by the law enforcement agency to which the
P11   1threat was reported. The candidate or elected officer shall report
2begin delete anyend deletebegin insert anend insert expenditure of campaign funds made pursuant to this section
3to thebegin delete commissionend deletebegin insert Commissionend insert. The report to thebegin delete commissionend delete
4begin insert Commissionend insert shall include the date that the candidate or elected
5officer informed the law enforcement agency of the threat, the
6name and the telephone number of the law enforcement agency,
7and a brief description of the threat. No more than five thousand
8dollars ($5,000) in surplus campaign funds may be used,
9cumulatively, by a candidate or elected officer pursuant to this
10subdivision. Payments made pursuant to this subdivision shall be
11made during the two years immediately following the date upon
12which the campaign funds become surplus campaign funds. The
13candidate or elected officer shall reimburse the surplus fund
14account for the fair market value of the security system no later
15than two years immediately following the date upon which the
16 campaign funds became surplus campaign funds. The campaign
17funds become surplus campaign funds upon sale of the property
18on which the system is installed, or prior to the closing of the
19surplus campaign fund account, whichever comes first. The
20electronic security system shall be the property of the campaign
21committee of the candidate or elected officer.

22

SEC. 9.  

Section 90002 of the Government Code is amended
23to read:

24

90002.  

(a) Audits and investigations of lobbying firms and
25lobbyist employers shall be performed on a biennial basis and shall
26cover reports filed during a period of two years.

27(b) If a lobbying firm or lobbyist employer keeps a separate
28account for all receipts and payments for which reporting is
29required by this chapter, the requirement of an audit under
30subdivision (a) of Section 90001 shall be satisfied by an audit of
31that account and the supporting documentation required to be
32maintained by Section 86110.

begin delete

33(c) No audit or investigation of any candidate, controlled
34committee, or committee primarily supporting or opposing a
35candidate or a measure in connection with a report or statement
36required by Chapter 4 of this title, shall begin until after the last
37date for filing the first report or statement following the general,
38runoff or special election for the office for which the candidate
39ran, or following the election at which the measure was adopted
40or defeated, except that audits and investigations of statewide
P12   1candidates, their controlled committees, and committees primarily
2supporting or opposing those statewide candidates who were
3defeated in the primary election and who are not required to file
4statements for the general election may begin after the last date
5for filing the first report or statement following the primary
6election. When the campaign statements or reports of a candidate,
7controlled committee, or a committee primarily supporting or
8opposing a candidate are audited and investigated pursuant to
9Section 90001, the audit and investigation shall cover all campaign
10statements and reports filed for the primary and general or special
11or runoff elections and any previous campaign statement or report
12filed pursuant to Section 84200 or 84200.5 since the last election
13for that office, but shall exclude any statements or reports which
14have previously been audited pursuant to Section 90001 or 90003.
15When the campaign statements or reports of a committee primarily
16supporting or opposing a measure are audited and investigated,
17the audit and investigation shall cover all campaign statements
18and reports from the beginning date of the first campaign statement
19filed by the committee in connection with the measure. For all
20other committees, the audit and investigation shall cover all
21campaign statements filed during the previous two calendar years.

end delete
22

SEC. 10.  

Section 90003 of the Government Code is amended
23to read:

24

90003.  

In addition to the audits and investigations required by
25Section 90001, the Franchise Tax Board and thebegin delete commissionend delete
26begin insert Commissionend insert may make investigations and audits with respect to
27any reports or statements required bybegin delete Chapter 4 (commencing with
28Section 84100), Chapter 5 (commencing with Section 85100), or
29Chapter 6 (commencing with Section 86100)end delete
begin insert this titleend insert.

30

SEC. 11.  

Section 90004 of the Government Code is amended
31to read:

32

90004.  

(a) The Franchise Tax Board shall periodically prepare
33reports, which, except as otherwise provided in this section, shall
34be sent to thebegin delete commissionend deletebegin insert Commissionend insert, the Secretary of State, and
35the Attorney General. If the reports relate to candidates for or
36committees supporting or opposing candidates for the office of
37Attorney General, the reports shall be sent to thebegin delete commissionend delete
38begin insert Commissionend insert, the Secretary of State, and the District Attorneys of
39begin insert the Counties ofend insert Los Angeles, Sacramento, and San Francisco
40begin delete Countiesend delete. If the reports relate to local candidates and their
P13   1controlled committees, the reports shall be sent to thebegin delete commissionend delete
2begin insert Commissionend insert, the local filing officer with whom the candidate or
3committee is required to file the originals of campaign reports
4pursuant to Section 84215, and the district attorney for the
5candidate’s county of domicile.

begin delete

6(b) The Franchise Tax Board shall complete its report of any
7audit conducted on a random basis pursuant to Section 90001
8within one year after the person or entity subject to the audit is
9selected by the commission to be audited.

end delete
begin delete

10(c)

end delete

11begin insert(b)end insert The reports of the Franchise Tax Board shall be public
12documents and shall contain in detail the Franchise Tax Board’s
13findings with respect to the accuracy and completeness of each
14report and statement reviewed and its findings with respect to any
15report or statement that should have been but was not filed. The
16Secretary of State and the local filing officer shall place the audit
17reports in the appropriate campaign statement or lobbying files.

18

SEC. 12.  

Section 90005 of the Government Code is amended
19to read:

20

90005.  

begin deleteNo end deletebegin insertA end insertmember, employeebegin insert,end insert or agent of the Franchise Tax
21Boardbegin insert or the Commissionend insert shallbegin insert notend insert divulge or make known in any
22mannerbegin delete anyend deletebegin insert theend insert particulars of any record, documents, or
23informationbegin delete whichend deletebegin insert thatend insert hebegin insert or sheend insert receives by virtue of this chapter,
24except in furtherance of the work of the Franchise Tax Boardbegin insert or
25the Commissionend insert
or in connection withbegin delete anyend deletebegin insert aend insert court proceeding or
26begin delete anyend deletebegin insert theend insert lawful investigation of any agency.

27

SEC. 13.  

Section 90008 is added to the Government Code, to
28read:

29

90008.  

(a) It is the intent of the Legislature that the people of
30California have timely access to information concerning the
31campaign contributions and expenditures of all committees,
32corporations, and individuals, and that this information be provided
33before the election, when it is relevant, in accordance with the
34requirements of this title. It is the further intent of the Legislature
35that the Commission ensure that these disclosures are being made,
36and that this title be liberally construed and any judicial process
37be expedited to achieve this purpose.

38(b) The Commission, and the Franchise Tax Board at the
39direction of the Commission, may audit any record required to be
40maintained under this title to ensure compliance with this title prior
P14   1to an election, even if the record is a report or statement that has
2not yet been filed.

3

SEC. 14.  

Section 90009 is added to the Government Code, to
4read:

5

90009.  

(a) To further the purposes identified in Section 90008,
6the Commission may seek injunctive relief in a superior court to
7compel disclosure consistent with this title.

8(b) A court shall grant expedited review to an action filed
9pursuant to subdivision (a) as follows:

10(1) The court shall conduct an expedited hearing with an
11opportunity for the defendant to respond.

12(2) Briefs of the parties shall be required pursuant to an
13expedited schedule.

14(c) A superior or appellate court may, at its discretion, grant a
15stay of an order granting relief pursuant to subdivision (a).

16

SEC. 15.  

No reimbursement is required by this act pursuant to
17Section 6 of Article XIII B of the California Constitution because
18the only costs that may be incurred by a local agency or school
19district will be incurred because this act creates a new crime or
20infraction, eliminates a crime or infraction, or changes the penalty
21for a crime or infraction, within the meaning of Section 17556 of
22the Government Code, or changes the definition of a crime within
23the meaning of Section 6 of Article XIII B of the California
24Constitution.

25

SEC. 16.  

The Legislature finds and declares that this bill
26furthers the purposes of the Political Reform Act of 1974 within
27the meaning of subdivision (a) of Section 81012 of the Government
28Code.



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