BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 27
                                                                  Page  1

          Date of Hearing:   August 30, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                    SB 27 (Correa) - As Amended:  August 21, 2013 

          Policy Committee:                             ElectionsVote:5-1

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill establishes various conditions under which a  
          multipurpose organization (MPO) is required to disclose the  
          names of its donors when making campaign contributions or  
          expenditures in the state and requires online posting of top  
          contributors to political campaigns. Specifically, this bill:

             1)   Requires a committee that is primarily formed to support  
               or oppose a state ballot measure or a state candidate, and  
               that raises $1 million or more for an election, to maintain  
               an accurate list of the committee's top 10 contributors of  
               $10,000 or more, as specified by regulations adopted by the  
               Fair Political Practices Commission (FPPC).

             2)   Requires a current list of the top 10 contributors to be  
               provided to the FPPC for disclosure on the FPPC's website  
               in a manner determined by the commission through  
               regulation. The FPPC is also to provide this list to the  
               Secretary of State (SOS), upon request, for posting on the  
               SOS website.

             3)   Requires the committee to update the top 10 list  
               whenever a new person qualifies as a top 10 contributor, a  
               person who is an existing top 10 contributor makes  
               additional contributions to the committee, or a change  
               occurs that alters the relative ranking order of the top 10  
               contributors, and requires the FPPC to post the updated the  
               list within five business days, except during the last 16  
               days before the election, when it must post within 48  
               hours.

             4)   Requires the FPPC to compile, maintain, and display on  








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               its website a current list of the top 10 contributors  
               supporting and opposing each state ballot measures, as  
               specified by FPPC regulations.

             5)   Requires the state ballot pamphlet to include (a) a  
               written explanation of the top 10 contributor lists  
               described above, including a description of the Internet  
               Web sites where the lists are available to the public and  
               (b) an explanation of the appropriate election procedures  
               for party-nominated, voter nominated, and non-partisan  
               offices.

           FISCAL EFFECT  

          1)Any costs to the FPPC will be minor and absorbable. No  
            additional penalty revenues, as the penalty provisions are  
            consistent with existing commission regulations.

          2)Annual printing costs of $55,000 (GF) to the SOS for one  
            additional page in the state ballot pamphlet to include the  
            information required in (5) above.

           COMMENTS  

              1)   Purpose . According to the author, "Everyone is aware of  
               the now-infamous $11 million contribution from an Arizona  
               non-profit organization to a committee that was opposing  
               Proposition 30 and supporting Proposition 32 last November.

             After a court battle with the FPPC, this nonprofit group  
               revealed that it was not the true source of the $11 million  
               contribution but merely an intermediary.  They disclosed  
               that the actual source of the $11 million was another  
               nonprofit organization who had received it from yet another  
               nonprofit organization. The true, original source of this  
               campaign money is still unknown to the public and the  
               matter is still the subject of an ongoing FPPC  
               investigation."

             The author indicates that SB 27, sponsored by the FPPC, is  
               intended to accomplish two goals. "First, it will enact a  
               series of tests and presumptions in the law [pertaining to  
               MPOs] so that campaign funds can no longer be laundered  
               through nonprofit corporations without them disclosing the  
               true source of the money.








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             "Second, it will require ballot measure committees that raise  
               one million dollars or more to give the FPPC a current list  
               of the committee's top ten contributors of ten thousand  
               dollars or more.  The FPPC and the committee will be  
               required to post the list on their Internet web sites."

              2)   Related Legislation  . AB 45 (Dickinson), pending in the  
               Senate Elections & Constitutional Amendments, revises the  
               disclosure rules applying to MPOs that make contributions  
               and expenditures in California elections, among other  
               provisions

             AB 914 (Gordon), pending in the Senate Appropriations,  
               requires specified nonprofit organizations that make  
               campaign contributions, expenditures, or independent  
               expenditures in California elections to file reports  
               disclosing the donors to the nonprofit organization.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081