BILL NUMBER: AB 1418 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Elections and Redistricting (Fong
(Chair), Bocanegra, Bonta, Hall, Logue, and Perea)
MARCH 20, 2013
An act to amend Sections 81008, 83109, and 84102 of the Government
Code, relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 1418, as introduced, Committee on Elections and Redistricting.
The Political Reform Act of 1974: omnibus bill.
(1) Existing law, the Political Reform Act of 1974, requires each
campaign committee, as specified, to file a statement of
organization. For a campaign committee that does not support or
oppose one or more candidates or ballot measures as its primary
activity, the statement of organization must include, among other
things, a brief description of the committee's political activities,
including whether it supports or opposes candidates or measures and
whether such candidates or measures have common characteristics, such
as a political party affiliation.
This bill would change the requirement that a campaign committee
that does not support or oppose one or more candidates or ballot
measures as its primary activity include in the description of the
committee's political activities the common characteristics of
candidates or measures it supports or opposes, such as a political
party affiliation, to instead require that the description of the
committee's political activities include common characteristics of
candidates or measures, such as a political party preference.
(2) The act requires a committee that is controlled by a candidate
for partisan office to provide a statement indicating the political
party with which the candidate is affiliated.
This bill would instead require a committee that is controlled by
a candidate for partisan office or voter-nominated office to provide
a statement indicating the political party for which the candidate
has disclosed a preference.
(3) The act provides that any report or statement filed pursuant
to the act is a public record that must be open for public inspection
and copying, as specified. The act requires that campaign statements
filed pursuant to the act made available on the Internet by the
Secretary of State. The act further requires that the statements be
open for public inspection and reproduction on the Saturday preceding
a statewide primary or statewide general election at specified
locations.
This bill would repeal the requirement that campaign statements be
open for public inspection and reproduction on the Saturday
preceding a statewide primary or statewide general election at the
specified locations.
(4) The act establishes the Fair Political Practices Commission
and authorizes the Commission to appoint officers, counsel, and
employees consistent with applicable civil service laws. The act
provides that 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.
This bill would make technical, nonsubstantive changes to those
provisions.
(5) 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: no.
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 9:00 a.m. to 5:00 p.m. on the Saturday preceding a
statewide primary or statewide general election in the offices of the
Secretary of State, Registrar-Recorder of Los Angeles County,
Registrar of Voters of San Diego County, and Registrar of Voters of
the City and County of San Francisco.
SEC. 2. Section 83109 of the Government Code is amended to read:
83109. For purposes of Section 18801 of the Government
Code, no non-clerical 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 84102 of the Government Code is amended to read:
84102. The statement of organization required by Section 84101
shall include all of the following:
(a) The name, street address, and telephone number, if any, of the
committee. In the case of a sponsored committee, the name of the
committee shall include the name of its sponsor. Whenever
If a committee has more than one sponsor, and
the sponsors are members of an industry or other identifiable group,
a term identifying that industry or group shall be included in the
name of the committee.
(b) In the case of a sponsored committee, the name, street
address, and telephone number of each sponsor.
(c) The full name, street address, and telephone number, if any,
of the treasurer and any other principal officers. A
(1) A committee with more than
one principal officer shall identify its principal officers as
follows:
(1)
(A) A committee with three or fewer principal officers
shall identify all principal officers.
(2)
(B) A committee with more than three principal officers
shall identify no fewer than three principal officers.
If
(2) If no individual other than
the treasurer is a principal officer, the treasurer shall be
identified as both the treasurer and the principal officer.
(d) The full name and office sought by any
a candidate, and the title and ballot number, if any, of any
measure, that the committee supports or opposes as its primary
activity. A committee that does not support or oppose one or more
candidates or ballot measures as its primary activity shall provide a
brief description of its political activities, including whether it
supports or opposes candidates or measures and whether such
candidates or measures have common characteristics, such as a
political party affiliation. preferenc
e.
(e) A statement whether the committee is independent or controlled
and, if it is controlled, the name of each candidate or state
measure proponent by which it is controlled, or the name of any
controlled committee with which it acts jointly. If a committee is
controlled by a candidate for partisan or voter-nominated
office, the controlled committee shall indicate the political party,
if any, with for which the candidate
is affiliated. has disclosed a preference.
(f) For a committee that is a committee by virtue of subdivision
(a) or (b) of Section 82013, the name and address of the financial
institution where in which the
committee has established an account and the account number.
(g) Such other Other
information as shall be required by the rules or regulations of the
Commission consistent with the purposes and provisions of this
chapter.
SEC. 4. 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.