BILL ANALYSIS �
AB 800
Page 1
ASSEMBLY THIRD READING
AB 800 (Gordon)
As Amended April 30, 2013
2/3 vote
ELECTIONS 5-2 APPROPRIATIONS 12-5
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|Ayes:|Fong, Bocanegra, Bonta, |Ayes:|Gatto, Bocanegra, |
| |Hall, Perea | |Bradford, |
| | | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Hall, |
| | | |Ammiano, Pan, Quirk, |
| | | |Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Donnelly, Logue |Nays:|Harkey, Bigelow, |
| | | |Donnelly, Linder, Wagner |
| | | | |
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SUMMARY : Makes numerous significant changes to the Political Reform
Act of 1974 (PRA). Specifically, this bill :
1)Provides that a committee is presumed to be a controlled committee
of a candidate if the candidate or his or her agent satisfies any
of the following conditions:
a) Is a voting member of the committee's governing body;
b) Is involved in the decisionmaking of the committee, or the
development or implementation of the committee's campaign
strategy; or,
c) Is substantially involved in directing the day-to-day
operations of the committee.
2)Requires subagents and subcontractors that make expenditures on
behalf of or for the benefit of a candidate or committee to make
known to the agent or independent contractor of the candidate
information about those expenditures.
3)Extends, for a period of 90 days, the period of time before
AB 800
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campaign funds that are under the control of a former candidate or
elected officer become surplus campaign funds, and thus subject to
additional restrictions on how those funds can be spent.
4)Repeals a provision of law that prohibits the Fair Political
Practices Commission (FPPC) from beginning audits or
investigations of certain entities prior to the election.
5)Allows the FPPC and the Franchise Tax Board (FTB) to make audits
and investigations regarding any statement or report that is
required by any provision of the PRA, instead of allowing such
audits and investigations only of specified statements or reports.
6)Extends, from one year to two years, the limit on the amount of
time that the FTB has to complete its report of any audit that it
conducts under specified provisions of the PRA.
7)Prohibits the FPPC and its staff from divulging or making known in
any manner the particulars of any information that it receives as
part of an audit or investigation conducted pursuant to the PRA,
except in furtherance of the work of the FPPC or in connection
with a court proceeding or the lawful investigation of any agency.
8)Permits the FPPC, and the FTB at the direction of the FPPC, to
audit any record required to be maintained under the PRA to ensure
compliance with the PRA prior to an election, even if the record
or statement has not yet been filed. Permits the FPPC, to further
the purposes of this provision, to seek injunctive relief in
superior court to compel disclosure. Permits a superior or
appellate court to grant a stay of an order granting relief
pursuant to these provisions. Requires the court to grant
expedited review to an action filed pursuant to this procedure, as
specified.
FISCAL EFFECT : According to the Assembly Appropriations Committee,
any additional costs to the FPPC will be minor and absorbable.
COMMENTS : According to the author, "More and more, voters receive
information from or see advertisements funded by entities other than
the candidate for office or the committee proposing a ballot
measure. It is vital for a fully informed electorate that the
public knows, in a timely manner, who if not the candidate or ballot
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measure committee, is paying for political messaging. Moreover,
there must be a means of inhibiting improper practices and holding
entities involved with election campaigns accountable?.AB 800
contains several distinct changes to the Political Reform Act
intended to clarify the Fair Political Practices Commission's
authority to carry out the provisions of the PRA in a manner that
ensures information is provided to the public in an expedited manner
prior to elections."
This bill makes a number of significant changes to state law
governing audits and investigations that are conducted under the
PRA. Some of these provisions appear to be in response, in part, to
an $11 million campaign contribution made to the Small Business
Action Committee PAC three weeks prior to the November 2012
statewide general election.
This bill gives the FPPC additional tools to ensure compliance with
the PRA by permitting the commission to seek injunctive relief to
compel disclosure required by the PRA, and by requiring the court to
grant expedited review to any such action to ensure disclosure of
campaign contributions and expenditures prior to an election.
This bill additionally gives the FPPC the authority to audit any
record that is required to be maintained prior to an election in
order to ensure compliance with the PRA, and permits the FPPC to
make investigations and audits with respect to any report or
statement that is required to be filed pursuant to the PRA.
Finally, this bill repeals a prohibition against an audit or
investigation of a candidate, controlled committee, or committee
primarily supporting or opposing a candidate or measure in
connection with a report or statement required by certain provisions
of the PRA from being commenced prior to the election.
California voters passed an initiative, Proposition 9, in 1974 that
created the FPPC and codified significant restrictions and
prohibitions on candidates, officeholders and lobbyists. That
initiative is commonly known as the PRA. Amendments to the PRA that
are not submitted to the voters, such as those contained in this
bill, must further the purposes of the initiative and require a
two-thirds vote of both houses of the Legislature.
Please see the policy committee analysis for a full discussion of
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this bill.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0000439