Senate Bill No. 268

Introduced by Senator Gaines

February 13, 2013

An act to amend Section 170.1 of the Code of Civil Procedure, and to amend Sections 56100.1, 82036.5, 83124, 84101, 84103, 84108, 84203.3, 84203.5, 84204, 84204.5, 84215, 84216, 84218, 84300, 84308, 84602, 84605, 85304, 85304.5, 85306, 85310, 85315, 85316, 85501, 89510, 89511.5, 89512.5, 89513, and 90002 of, to repeal Sections 84200.5, 84200.6, 84200.7, 84200.8, 84200.9, 84202.3, 84202.5, 84202.7, 84203, 84205, 84206, 84209, 84211, 84216.5, 84220, 84302, 85300, 85301, 85302, 85303, 85305, 85307, 85309, 85314, 85320, 85321, 85701, 85702, and 85704 of, to repeal Article 2.5 (commencing with Section 84250) of Chapter 4 of Title 9 of, and to repeal and add Section 84200 of, the Government Code, relating to the Political Reform Act of 1974.

LEGISLATIVE COUNSEL’S DIGEST

SB 268, as introduced, Gaines. Political Reform Act of 1974.

The Political Reform Act of 1974 imposes various limitations on contributions that may be made to, or accepted by, candidates for elective office and campaign committees that support or oppose candidates and ballot measures, including, among other things, limiting the maximum dollar amount of contributions that may be accepted by candidates for elective state office, prohibiting candidates from accepting public funds for the purpose of seeking public office, limiting contributions to an officer of an agency from a party who has a financial interest in a permit or license proceeding before that agency, and prohibiting elected state officers or candidates for elective state office from accepting contributions from lobbyists registered to lobby the governmental agency of which the elected official is a member or for which the candidate seeks election.

This bill would repeal limitations on contributions that may be made to, or accepted by, candidates for elective office.

The act requires candidates and committees to file specified campaign finance reports, including semiannual statements, preelection statements, supplemental preelection statements, and late contribution reports, that include prescribed campaign finance information.

This bill would repeal the requirements to file these reports and would, instead, require that a candidate or committee who makes or receives a contribution of $100 or more to report that contribution to specified filing officers within 24 hours of receiving the contribution. The bill would require a candidate or committee making the contribution to report his, her, or its full name and address, the full name and address of the recipient, the office sought by the candidate or the ballot measure, as appropriate, and the date and amount of the contribution. The bill would require the recipient of the contribution to report his, her, or its full name and address, the date and amount of the contribution, whether the contribution is in the form of a loan, and the full name of the contributor, and his or her street address, occupation, and employer or the name of the business, if self-employed.

The bill would require a candidate or committee that makes an expenditure of $100 or more to report the expenditure to specified filing officers within 24 hours. The bill would require the candidate or committee making the expenditure to report his, her, or its full name and street address, the amount of the expenditure, the full name and street address for the person to whom the expenditure was made, and a brief description of the consideration for which the expenditure was made. The bill would require the disclosure of additional information if the expenditure is a contribution to a candidate, elected officer, or committee or an independent expenditure to support or oppose a candidate or measure.

The bill would require a candidate or committee who is required to report a contribution or expenditure to the Secretary of State to file that report online or by electronic transmission only.

The bill would also make conforming changes.

By increasing the duties of local government officials, this bill would impose a state-mandated local program.

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.

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.

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

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

SECTION 1.  

Section 170.1 of the Code of Civil Procedure is
amended to read:

170.1.  

(a) A judge shall be disqualified if any one or more of
the following are true:

(1) (A) The judge has personal knowledge of disputed
evidentiary facts concerning the proceeding.

(B) A judge shall be deemed to have personal knowledge within
the meaning of this paragraph if the judge, or the spouse of the
judge, or a person within the third degree of relationship to either
of them, or the spouse of such a person begin insert , end insert is to the judge’s knowledge
likely to be a material witness in the proceeding.

(2) (A) The judge served as a lawyer in the proceeding, or in
any other proceeding involving the same issues he or she served
as a lawyer for a party in the present proceeding begin insert , end insert or gave advice
to a party in the present proceeding upon a matter involved in the
action or proceeding.

(B) A judge shall be deemed to have served as a lawyer in the
proceeding if within the past two years:

(i) A party to the proceeding, or an officer, director, or trustee
of a party, was a client of the judge when the judge was in the
private practice of law or a client of a lawyer with whom the judge
was associated in the private practice of law.

(ii) A lawyer in the proceeding was associated in the private
practice of law with the judge.

(C) A judge who served as a lawyer for, or officer of, a public
agency that is a party to the proceeding shall be deemed to have
served as a lawyer in the proceeding if he or she personally advised
or in any way represented the public agency concerning the factual
or legal issues in the proceeding.

(3) (A) The judge has a financial interest in the subject matter
in a proceeding or in a party to the proceeding.

(B) A judge shall be deemed to have a financial interest within
the meaning of this paragraph if:

(i) A spouse or minor child living in the household has a
financial interest.

(ii) The judge or the spouse of the judge is a fiduciary who has
a financial interest.

(C) A judge has a duty to make reasonable efforts to inform
himself or herself about his or her personal and fiduciary interests
and those of his or her spouse and the personal financial interests
of children living in the household.

(4) The judge, or the spouse of the judge, or a person within the
third degree of relationship to either of them, or the spouse of such
a person begin insert , end insert is a party to the proceeding or an officer, director, or
trustee of a party.

(5) A lawyer or a spouse of a lawyer in the proceeding is the
spouse, former spouse, child, sibling, or parent of the judge or the
judge’s spouse or if such a person is associated in the private
practice of law with a lawyer in the proceeding.

(6) (A) For any reason:

(i) The judge believes his or her recusal would further the
interests of justice.

(ii) The judge believes there is a substantial doubt as to his or
her capacity to be impartial.

(iii) A person aware of the facts might reasonably entertain a
doubt that the judge would be able to be impartial.

(B) Bias or prejudice toward a lawyer in the proceeding may
be grounds for disqualification.

(7) By reason of permanent or temporary physical impairment,
the judge is unable to properly perceive the evidence or is unable
to properly conduct the proceeding.

(8) (A) The judge has a current arrangement concerning
prospective employment or other compensated service as a dispute
resolution neutral or is participating in, or begin delete , end delete within the last two years
has participated in, discussions regarding prospective employment
or service as a dispute resolution neutral, or has been engaged in
that employment or service, and any of the following applies:

(i) The arrangement is, or the prior employment or discussion
was, with a party to the proceeding.

(ii) The matter before the judge includes issues relating to the
enforcement of either an agreement to submit a dispute to an
alternative dispute resolution process or an award or other final
decision by a dispute resolution neutral.

(iii) The judge directs the parties to participate in an alternative
dispute resolution process in which the dispute resolution neutral
will be an individual or entity with whom the judge has the
arrangement, has previously been employed or served, or is
discussing or has discussed the employment or service.

(iv) The judge will select a dispute resolution neutral or entity
to conduct an alternative dispute resolution process in the matter
before the judge, and among those available for selection is an
individual or entity with whom the judge has the arrangement,
with whom the judge has previously been employed or served, or
with whom the judge is discussing or has discussed the employment
or service.

(B) For the purposes of this paragraph, all of the following
apply:

(i) “Participating in discussions” or “has participated in
discussion” means that the judge solicited or otherwise indicated
an interest in accepting or negotiating possible employment or
service as an alternative dispute resolution neutral, or responded
to an unsolicited statement regarding, or an offer of, that
employment or service by expressing an interest in that
employment or service, making an inquiry regarding the
employment or service, or encouraging the person making the
statement or offer to provide additional information about that
possible employment or service. If a judge’s response to an
unsolicited statement regarding, a question about, or offer of,
prospective employment or other compensated service as a dispute
resolution neutral is limited to responding negatively, declining
the offer, or declining to discuss that employment or service, that
response does not constitute participating in discussions.

(ii) “Party” includes the parent, subsidiary, or other legal affiliate
of any entity that is a party and is involved in the transaction,
contract, or facts that gave rise to the issues subject to the
proceeding.

(iii) “Dispute resolution neutral” means an arbitrator, mediator,
temporary judge appointed under Section 21 of Article VI of the
California Constitution, referee appointed under Section 638 or
639, special master, neutral evaluator, settlement officer, or
settlement facilitator.

(9) (A) The judge has received a contribution in excess of one
thousand five hundred dollars begin delete ($1500) end delete begin insert ($1,500) end insert from a party or
lawyer in the proceeding, and either of the following applies:

(i) The contribution was received in support of the judge’s last
election, if the last election was within the last six years.

(ii) The contribution was received in anticipation of an upcoming
election.

(B) Notwithstanding subparagraph (A), the judge shall be
disqualified based on a contribution of a lesser amount if
subparagraph (A) of paragraph (6) applies.

(C) The judge shall disclose any contribution from a party or
lawyer in a matter that is before the court that is required to be
reported under begin delete subdivision (f) of end delete Section begin delete 84211 end delete begin insert 84200 end insert of the
Government Code, even if the amount would not require
disqualification under this paragraph. The manner of disclosure
shall be the same as that provided in Canon 3E of the Code of
Judicial Ethics.

(D) Notwithstanding paragraph (1) of subdivision (b) of Section
170.3, the disqualification required under this paragraph may be
waived by the party that did not make the contribution unless there
are other circumstances that would prohibit a waiver pursuant to
paragraph (2) of subdivision (b) of Section 170.3.

(b) A judge before whom a proceeding was tried or heard shall
be disqualified from participating in any appellate review of that
proceeding.

(c) At the request of a party or on its own motion an appellate
court shall consider whether in the interests of justice it should
direct that further proceedings be heard before a trial judge other
than the judge whose judgment or order was reviewed by the
appellate court.

SEC. 2.  

Section 56100.1 of the Government Code is amended
to read:

56100.1.  

(a) Contributions and expenditures for political
purposes related to a proposal or proceeding shall be disclosed and
reported pursuant to Article begin delete 2.5 end delete begin insert 2 end insert (commencing with Section
begin delete 84250) end delete begin insert 84200) end insert of Chapter 4 of the Political Reform Act of 1974
(Title 9 (commencing with Section 81000)).

(b) A commission may require, through the adoption of written
policies and procedures, additional disclosure of contributions in
support of or opposition to a proposal, which shall be made either
to the commission’s executive officer, in which case it shall be
posted on the commission’s Internet Web site, if applicable, or to
the board of supervisors of the county in which the commission
is located, which may designate a county officer to receive the
disclosure. Disclosure pursuant to a requirement under the authority
provided in this section shall be in addition to any disclosure
otherwise required by Section 56700.1, 57009, or local ordinance.

SEC. 3.  

Section 82036.5 of the Government Code is amended
to read:

82036.5.  

“Late independent expenditure” means begin delete an end delete begin insert any end insert
independent expenditure that totals in the aggregate one thousand
dollars ($1,000) or more and is made for or against begin delete a end delete begin insert any end insert specific
candidate or measure involved in an election within begin delete 90 end delete begin insert the 12 end insert days
before the date of the election. For purposes of the Board of
Administration of the Public Employees’ Retirement System and
the Teachers’ Retirement Board, “the date of the election” is the
deadline to return ballots.

SEC. 4.  

Section 83124 of the Government Code is amended
to read:

83124.  

The commission shall adjust the begin delete contribution limitations
and end delete voluntary expenditure limitations provisions in begin delete Sections 85301,
85302, 85303, and end delete begin insert Section end insert 85400 in January of every
odd-numbered year to reflect any increase or decrease in the
Consumer Price Index. Those adjustments shall be rounded to the
nearest begin delete one hundred dollars ($100) for limitations on contributions
and end delete one thousand dollars ($1,000) begin delete for limitations on expenditures end delete .

SEC. 5.  

Section 84101 of the Government Code is amended
to read:

84101.  

(a) A committee that is a committee by virtue of
subdivision (a) of Section 82013 shall file a statement of
organization. The committee shall file the original of the statement
of organization with the Secretary of State and shall also file a
copy of the statement of organization with the local filing officer,
if any, with whom the committee is required to file the originals
of its campaign reports pursuant to Section 84215. The original
and copy of the statement of organization shall be filed within 10
days after the committee has qualified as a committee. The
Secretary of State shall assign a number to each committee that
files a statement of organization and shall notify the committee of
the number. The Secretary of State shall send a copy of statements
filed pursuant to this section to the county elections official of each
county that he or she deems appropriate. A county elections official
who receives a copy of a statement of organization from the
Secretary of State pursuant to this section shall send a copy of the
statement to the clerk of each city in the county that he or she
deems appropriate.

(b) In addition to filing the statement of organization as required
by subdivision (a), if a committee qualifies as a committee under
subdivision (a) of Section 82013 begin insert within the 12 days end insert before the date
of an election in connection with which the committee is required
to file begin delete preelection statements, but after the closing date of the last end delete
campaign begin delete statement required to be filed before end delete begin insert statements, end insert the
begin delete election pursuant to Section 84200.7, 84200.8, or 84200.9, the end delete
committee shall file, by facsimile transmission, guaranteed
overnight delivery, or personal delivery within 24 hours of
qualifying as a committee, the information required to be reported
in the statement of organization. The information required by this
subdivision shall be filed with the filing officer with whom the
committee is required to file the originals of its campaign reports
pursuant to Section 84215.

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

(d) For purposes of this section, in calculating whether one
thousand dollars ($1,000) in contributions has been received,
payments for a filing fee or for a statement of qualifications to
appear in a sample ballot shall not be included if these payments
have been made from the candidate’s personal funds.

SEC. 6.  

Section 84103 of the Government Code is amended
to read:

84103.  

(a) Whenever there is a change in any of the
information contained in a statement of organization, an
amendment shall be filed within 10 days to reflect the change. The
committee shall file the original of the amendment with the
Secretary of State and shall also file a copy of the amendment with
the local filing officer, if any, with whom the committee is required
to file the originals of its campaign reports pursuant to Section
84215.

(b) In addition to filing an amendment to a statement of
organization as required by subdivision (a), a committee as defined
in subdivision (a) of Section 82013 shall, by facsimile transmission,
online transmission, guaranteed overnight delivery, or personal
delivery within 24 hours, notify the filing officer with whom it is
required to file the originals of its campaign reports pursuant to
Section 84215 when the change requiring the amendment occurs
begin insert within the 12 days end insert before the date of the election in connection
with which the committee is required to file a begin delete preelection statement,
but after the closing date of the last preelection end delete begin insert campaign end insert statement
begin delete required to be filed for the election pursuant to Section 84200.7
or 84200.8 end delete , if any of the following information is changed:

(1) The name of the committee.

(2) The name of the treasurer or other principal officers.

(3) The name of any candidate or committee by which the
committee is controlled or with which it acts jointly.

The notification shall include the changed information, the date
of the change, the name of the person providing the notification,
and the committee’s name and identification number.

A committee may file a notification online only if the appropriate
filing officer is capable of receiving the notification in that manner.

SEC. 7.  

Section 84108 of the Government Code is amended
to read:

84108.  

(a) Every slate mailer organization shall comply with
the requirements of Sections 84100, 84101, 84103, and 84104.

(b) The statement of organization of a slate mailer organization
shall include:

(1) The name, street address, and telephone number of the
organization. In the case of an individual or business entity that
qualifies as a slate mailer organization, the name of the slate mailer
organization shall include the name by which the individual or
entity is identified for legal purposes. Whenever identification of
a slate mailer organization is required by this title, the identification
shall include the full name of the slate mailer organization as
contained in its statement of organization.

(2) The full name, street address, and telephone number of the
treasurer and other principal officers.

(3) The full name, street address, and telephone number of each
person with final decisionmaking authority as to which candidates
or measures will be supported or opposed in the organization’s
slate mailers.

(c) The statement of organization shall be filed with the
Secretary of State within 10 days after the slate mailer organization
receives or is promised five hundred dollars ($500) or more for
producing one or more slate mailers. However, if an entity qualifies
as a slate mailer organization begin insert within the 12 days end insert before the date
of an election in which it is required to file begin delete preelection statements,
but after the closing date of the last end delete campaign begin delete statement required
to be filed before end delete begin insert statements, end insert the begin delete election pursuant to Section
84218, the end delete slate mailer organization shall file with the Secretary
of State, by facsimile transmission, guaranteed overnight delivery,
or personal delivery within 24 hours of qualifying as a slate mailer
organization, the information required to be reported in the
statement of organization.

SEC. 8.  

Section 84200 of the Government Code is repealed.

begin delete

84200.  

(a) Except as provided in paragraphs (1), (2), and (3),
elected officers, candidates, and committees pursuant to subdivision
(a) of Section 82013 shall file semiannual statements each year no
later than July 31 for the period ending June 30, and no later than
January 31 for the period ending December 31.

(1) A candidate who, during the past six months has filed a
declaration pursuant to Section 84206 shall not be required to file
a semiannual statement for that six-month period.

(2) Elected officers whose salaries are less than two hundred
dollars ($200) a month, judges, judicial candidates, and their
controlled committees shall not file semiannual statements pursuant
to this subdivision for any six-month period in which they have
not made or received any contributions or made any expenditures.

(3) A judge who is not listed on the ballot for reelection to, or
recall from, any elective office during a calendar year shall not
file semiannual statements pursuant to this subdivision for any
six-month period in that year if both of the following apply:

(A) The judge has not received any contributions.

(B) The only expenditures made by the judge during the calendar
year are contributions from the judge’s personal funds to other
candidates or committees totaling less than one thousand dollars
($1,000).

(b) All committees pursuant to subdivision (b) or (c) of Section
82013 shall file campaign statements each year no later than July
31 for the period ending June 30, and no later than January 31 for
the period ending December 31, if they have made contributions
or independent expenditures, including payments to a slate mailer
organization, during the six-month period before the closing date
of the statements.

end delete

SEC. 9.  

Section 84200 is added to the Government Code, to
read:

84200.  

(a) (1) Each candidate or committee that makes or
receives a contribution of one hundred dollars ($100) or more shall
report the contribution to each office with which the candidate or
committee is required to file its statements pursuant to Section
84215 or 84218. The candidate or committee that makes the
contribution shall report his or her full name and street address
and the full name and street address of the person to whom the
contribution has been made, the office sought if the recipient is a
candidate, or the ballot measure number or letter if the recipient
is a committee primarily formed to support or oppose a ballot
measure, and the date and amount of the contribution. The recipient
of the contribution shall report his or her full name and street
address, the date and amount of the contribution, and whether the
contribution was made in the form of a loan. The recipient shall
also report the full name of the contributor, his or her street address,
occupation, and the name of his or her employer, or if
self-employed, the name of the business.

(2) A contribution need not be reported, nor shall it be deemed
accepted, if it is not cashed, negotiated, or deposited and is returned
to the contributor within 24 hours of its receipt.

(b) Each candidate or committee that makes an expenditure of
one hundred dollars ($100) or more shall report the expenditure
to each office with which the candidate or committee is required
to file its statements pursuant to Section 84215 or 84218. The
candidate or committee that makes the expenditure shall report his
or her full name and street address, the amount of the expenditure,
the full name and street address for the person to whom the
expenditure was made, and a brief description of the consideration
for which the expenditure was made. In the case of an expenditure
that is a contribution to a candidate, elected officer, or committee
or an independent expenditure to support or oppose a candidate
or measure, the report shall also include the date of the contribution
or independent expenditure, the cumulative amount of contributions
made to the candidate, elected officer, or committee, or the
cumulative amount of independent expenditures made relative to
a candidate or measure, the full name of the candidate, and the
office and district for which he or she seeks nomination or election,
or the number or letter of the measure, and the jurisdiction in which
the measure or candidate is voted upon.

(c) A contribution or expenditure shall be reported by facsimile
transmission, guaranteed overnight delivery, or personal delivery
within 24 hours of the time it is made in the case of the candidate
or committee that makes the contribution and within 24 hours of
the time it is received in the case of the recipient. If a contribution
or expenditure is required to be reported to the Secretary of State,
the report to the Secretary of State shall be by online or electronic
transmission only.

SEC. 10.  

Section 84200.5 of the Government Code is repealed.

begin delete

84200.5.  

In addition to the campaign statements required by
Section 84200, elected officers, candidates, and committees shall
file preelection statements as follows:

(a) During an even-numbered year, all candidates for elective
state office being voted upon in the statewide direct primary
election or the statewide general election, their controlled
committees, and committees primarily formed to support or oppose
an elected state officer or a state candidate being voted upon shall
file the applicable preelection statements specified in Section
84200.7 or 84200.8. All elected state officers who, during the
applicable reporting periods covered by Section 84200.7 or
84200.8, contribute to any committee required to report receipts,
expenditures, or contributions pursuant to this title, or make an
independent expenditure, shall file the applicable preelection
statements specified in Section 84200.7 or 84200.8. However, a
candidate for an office that is not being voted upon in the
November election, his or her controlled committee, and any
committee primarily formed to support or oppose that candidate
is not required to file statements in connection with the November
election pursuant to subdivision (b) of Section 84200.7 unless,
during the reporting periods covered by Section 84200.7, the
candidate, his or her controlled committee, or any committee
primarily formed to support or oppose that candidate contributes
to any committee required to report receipts, expenditures, or
contributions pursuant to this title or makes independent
expenditures.

(b) During an even-numbered year, all candidates not specified
in subdivision (a) who are running for offices being voted upon
on the first Tuesday after the first Monday in June or November,
their controlled committees, and committees primarily formed to
support or oppose those candidates or a measure being voted upon
on the first Tuesday after the first Monday in June or November
of an even-numbered year shall file the preelection statements
specified in subdivision (a) of Section 84200.7 in the case of a
June election, or subdivision (b) of Section 84200.7 in the case of
a November election.

(c) All candidates for offices being voted upon on a date other
than the first Tuesday after the first Monday in June or November
of an even-numbered year, their controlled committees, and
committees primarily formed to support or oppose a candidate or
a measure being voted upon on a date other than the first Tuesday
after the first Monday in June or November of an even-numbered
year shall file the preelection statements specified in Section
84200.8.

(d) During an election period for the Board of Administration
of the Public Employees’ Retirement System or the Teachers’
Retirement Board, all candidates for these boards, their controlled
committees, and committees primarily formed to support or oppose
the candidates shall file the preelection statements specified in
Section 84200.9.

(e) In an even-numbered year in which the statewide direct
primary election is held on the first Tuesday after the first Monday
in June, a state or county general purpose committee formed
pursuant to subdivision (a) of Section 82013, other than a political
party committee as defined in Section 85205, shall file the
preelection statements specified in Section 84200.7 if it makes
contributions or independent expenditures totaling five hundred
dollars ($500) or more during the period covered by the preelection
statement. A state or county general purpose committee formed
pursuant to subdivision (b) or (c) of Section 82013 is not required
to file the statements specified in Section 84200.7.

(f) During an even-numbered year in which the statewide direct
primary election is held on a date other than the first Tuesday after
the first Monday in June, a state or county general purpose
committee formed pursuant to subdivision (a) of Section 82013,
other than a political party committee as defined in Section 85205,
shall file the preelection statements specified in Section 84200.8
if it makes contributions or independent expenditures totaling five
hundred dollars ($500) or more during the period covered by the
preelection statement. A state or county general purpose committee
formed pursuant to subdivision (b) or (c) of Section 82013 is not
required to file the statements specified in Section 84200.8.

(g) During an election period for the Board of Administration
of the Public Employees’ Retirement System or the Teachers’
Retirement Board, a state or county general purpose committee
formed pursuant to subdivision (a) of Section 82013 shall file the
preelection statements specified in Section 84200.9 if it makes
contributions or independent expenditures totaling five hundred
dollars ($500) or more during the period covered by the preelection
statement to support or oppose a candidate, or a committee
primarily formed to support or oppose a candidate, on the ballot
for the Board of Administration of the Public Employees’
Retirement System or the Teachers’ Retirement Board. A state or
county general purpose committee formed pursuant to subdivision
(b) or (c) of Section 82013 is not required to file the statements
specified in Section 84200.9.

(h) A political party committee as defined in Section 85205
shall file the applicable preelection statements specified in Section
84200.7 or 84200.8 in connection with a state election if the
committee receives contributions totaling one thousand dollars
($1,000) or more, or if it makes contributions or independent
expenditures totaling five hundred dollars ($500) or more, during
the period covered by the preelection statement.

(i) City general purpose committees shall file statements as
follows:

(1) City general purpose committees in a city that has an election
on the first Tuesday after the first Monday in June or November
of an even-numbered year shall file the statements specified in
subdivision (a) or (b) of Section 84200.7 for the six-month period
in which the city election is held, if they make contributions or
independent expenditures totaling five hundred dollars ($500) or
more during the period covered by the preelection statement.

(2) City general purpose committees in a city that has an election
on a date other than the first Tuesday after the first Monday in
June or November of an even-numbered year shall file the
preelection statements specified in Section 84200.8 if they make
contributions or independent expenditures totaling five hundred
dollars ($500) or more during the period covered by the preelection
statement.

end delete

SEC. 11.  

Section 84200.6 of the Government Code is repealed.

begin delete

84200.6.  

In addition to the campaign statements required by
Sections 84200 and 84200.5, all candidates and committees shall
file the following special statements and reports:

(a) Supplemental preelection statements when required by
Section 84202.5.

(b) Late contribution reports when required by Section 84203.

(c) Independent expenditure reports when required by Section
84203.5.

(d) Late independent expenditure reports when required by
Section 84204.

end delete

SEC. 12.  

Section 84200.7 of the Government Code is repealed.

begin delete

84200.7.  

(a) Preelection statements for the June election period
shall be filed as follows:

(1) For the period ending March 17, a statement to be filed no
later than March 22. However, for a special election called after
March 17, or for which the period for filing nomination documents,
as defined in Section 333 of the Elections Code, ends after March
17, a preelection statement for the period ending 45 days before
the election shall be filed no later than 40 days before the election.

(2) For the period ending 17 days before the election, a statement
to be filed no later than 12 days before the election. All candidates
being voted upon in the June election, their controlled committees,
and committees formed primarily to support or oppose a candidate
or measure being voted upon in the June election shall file this
statement by guaranteed overnight delivery service or by personal
delivery.

(b) Preelection statements for the November election period
shall be filed as follows:

(1) For the period ending September 30, a statement to be filed
no later than October 5.

(2) For the period ending 17 days before the election, a statement
to be filed no later than 12 days before the election. All candidates
being voted upon in the November election, their controlled
committees, and committees formed primarily to support or oppose
a candidate or measure being voted upon in the November election
shall file this statement by guaranteed overnight delivery service
or by personal delivery.

end delete

SEC. 13.  

Section 84200.8 of the Government Code is repealed.

begin delete

84200.8.  

Preelection statements shall be filed under this section
as follows:

(a) For the period ending 45 days before the election, the
statement shall be filed no later than 40 days before the election.

(b) For the period ending 17 days before the election, the
statement shall be filed no later than 12 days before the election.
All candidates being voted upon in the election in connection with
which the statement is filed, their controlled committees, and
committees formed primarily to support or oppose a candidate or
measure being voted upon in that election shall file this statement
by guaranteed overnight delivery service or by personal delivery.

(c) For runoff elections held within 60 days of the qualifying
election, an additional preelection statement for the period ending
17 days before the runoff election shall be filed no later than 12
days before the election. All candidates being voted upon in the
election in connection with which the statement is filed, their
controlled committees, and committees formed primarily to support
or oppose a candidate or measure being voted upon in that election
shall file this statement by guaranteed overnight delivery service
or personal delivery.

end delete

SEC. 14.  

Section 84200.9 of the Government Code is repealed.

begin delete

84200.9.  

Preelection statements for an election period for the
Board of Administration of the Public Employees’ Retirement
System or the Teachers’ Retirement Board shall be filed as follows:

(a) For the period ending five days before the beginning of the
ballot period, as determined by the relevant board, a statement
shall be filed no later than two days before the beginning of the
ballot period.

(b) For the period ending five days before the deadline to return
ballots, as determined by the relevant board, a statement shall be
filed no later than two days before the deadline to return ballots.

(c) In the case of a runoff election, for the period ending five
days before the deadline to return runoff ballots, as determined by
the relevant board, a statement shall be filed no later than two days
before the deadline to return runoff ballots.

(d) All candidates being voted upon, their controlled committees,
and committees primarily formed to support or oppose a candidate
being voted upon in that election shall file the statements specified
in subdivisions (b) and (c) by guaranteed overnight delivery service
or by personal delivery.

end delete

SEC. 15.  

Section 84202.3 of the Government Code is repealed.

begin delete

84202.3.  

(a) In addition to the campaign statements required
by Section 84200, committees pursuant to subdivision (a) of
Section 82013 that are primarily formed to support or oppose the
qualification, passage, or defeat of a measure and proponents of a
state ballot measure who control a committee formed or existing
primarily to support the qualification, passage, or defeat of a state
ballot measure, shall file campaign statements on the following
dates:

(1) No later than April 30 for the period January 1 through
March 31.

(2) No later than October 31 for the period July 1 through
September 30.

(b) This section shall not apply to a committee during any
semiannual period in which the committee is required to file
preelection statements pursuant to subdivision (a), (b), or (c) of
Section 84200.5.

(c) This section shall not apply to a committee following the
election at which the measure is voted upon unless the committee
makes contributions or expenditures to support or oppose the
qualification or passage of another ballot measure.

end delete

SEC. 16.  

Section 84202.5 of the Government Code is repealed.

begin delete

84202.5.  

(a) Any candidate or any committee pursuant to
subdivision (a) of Section 82013 which makes contributions
totaling ten thousand dollars ($10,000) or more in connection with
an election, including a runoff election, shall file a supplemental
preelection statement no later than 12 days before the election, for
the period ending 17 days before the election. This statement shall
be filed by guaranteed overnight delivery service or by personal
delivery with each office with which the candidate or committee
filing the statement is required to file its next campaign statement
pursuant to Section 84215.

(b) This section shall not apply to candidates or committees
during any semiannual period in which the candidate or committee
is required to file preelection statements pursuant to Section
84200.5.

(c) If a candidate or committee makes contributions totaling ten
thousand dollars ($10,000) or more in connection with an election
and all of those contributions are reported pursuant to Section
84200 or 84202.7 on or before the closing date specified in
subdivision (a), the candidate or committee shall not be required
to file additional statements for that period pursuant to this section.

end delete

SEC. 17.  

Section 84202.7 of the Government Code is repealed.

begin delete

84202.7.  

(a) Except as provided in subdivision (b), during an
odd-numbered year, any committee by virtue of Section 82013
that makes contributions totaling ten thousand dollars ($10,000)
or more to elected state officers, their controlled committees, or
committees primarily formed to support or oppose any elected
state officer during a period specified below shall file campaign
statements on the following dates:

(1) No later than April 30 for the period of January 1 through
March 31.

(2) No later than October 31 for the period of July 1 through
September 30.

(b) If a committee makes contributions totaling ten thousand
dollars ($10,000) or more to elected state officers, their controlled
committees, or committees primarily formed to support or oppose
any elected state officer during a period specified in subdivision
(a), and all of those contributions are reported pursuant to Section
84202.5 on or before the time specified in subdivision (a), the
committee shall not be required to file additional statements for
that period pursuant to this section.

end delete

SEC. 18.  

Section 84203 of the Government Code is repealed.

begin delete

84203.  

(a) Each candidate or committee that makes or receives
a late contribution, as defined in Section 82036, shall report the
late contribution to each office with which the candidate or
committee is required to file its next campaign statement pursuant
to Section 84215. The candidate or committee that makes the late
contribution shall report his or her full name and street address
and the full name and street address of the person to whom the
late contribution has been made, the office sought if the recipient
is a candidate, or the ballot measure number or letter if the recipient
is a committee primarily formed to support or oppose a ballot
measure, and the date and amount of the late contribution. The
recipient of the late contribution shall report his or her full name
and street address, the date and amount of the late contribution,
and whether the contribution was made in the form of a loan. The
recipient shall also report the full name of the contributor, his or
her street address, occupation, and the name of his or her employer,
or if self-employed, the name of the business.

(b) A late contribution shall be reported by facsimile
transmission, guaranteed overnight delivery, or personal delivery
within 24 hours of the time it is made in the case of the candidate
or committee that makes the contribution and within 24 hours of
the time it is received in the case of the recipient. If a late
contribution is required to be reported to the Secretary of State,
the report to the Secretary of State shall be by online or electronic
transmission only. A late contribution shall be reported on
subsequent campaign statements without regard to reports filed
pursuant to this section.

(c) A late contribution need not be reported nor shall it be
deemed accepted if it is not cashed, negotiated, or deposited and
is returned to the contributor within 24 hours of its receipt.

(d) A report filed pursuant to this section shall be in addition to
any other campaign statement required to be filed by this chapter.

(e) The report required pursuant to this section is not required
to be filed by a candidate or committee that has disclosed the late
contribution pursuant to subdivision (a) or (b) of Section 85309.

end delete

SEC. 19.  

Section 84203.3 of the Government Code is amended
to read:

84203.3.  

begin delete (a) end delete begin delete   end delete Any candidate or committee that makes a begin delete late end delete
contribution that is an in-kind contribution shall notify the recipient
in writing of the value of the in-kind contribution. The notice shall
be received by the recipient within 24 hours of the time the
contribution is made.

begin delete

(b) Nothing in this section shall relieve a candidate or committee
that makes a late in-kind contribution or the recipient of a late
in-kind contribution from the requirement to file late contribution
reports pursuant to Section 84203. However, a report filed by the
recipient of a late in-kind contribution shall be deemed timely filed
if it is received by the filing officer within 48 hours of the time the
contribution is received.

end delete

SEC. 20.  

Section 84203.5 of the Government Code is amended
to read:

84203.5.  

(a) In addition to any campaign statements required
by this article, if a candidate or committee has made independent
expenditures totaling one thousand dollars ($1,000) or more in a
calendar year to support or oppose a candidate, a measure or
qualification of a measure, it shall file independent expenditure
reports at the begin delete same time, covering the same periods, and in the
places where the candidate or committee would be required to file
campaign statements under this article, as if it were formed or
existing primarily to support or oppose the candidate or measure
or qualification of the measure. No independent expenditure report
need be filed to cover a period for which there has been no activity
to report end delete begin insert times prescribed by the Commission end insert .

(b) An independent expenditure report shall contain the
following information:

(1) The name, street address, and telephone number of the
candidate or committee making the expenditure and of the
committee’s treasurer, and the number assigned to the committee
by the Secretary of State.

(2) If the report is related to a candidate, the full name of the
candidate and the office and district for which the candidate seeks
nomination or election. If the report is related to a measure or
qualification of a measure, the number or letter of the measure, or
if none has yet been assigned, a brief description of the subject
matter of the measure, and the jurisdiction in which the measure
is to be voted on or would be voted on if it qualified.

(3) The total amount of expenditures related to the candidate or
measure during the period covered by the report made to persons
who have received less than one hundred dollars ($100).

(4) The total amount of expenditures related to the candidate or
measure during the period covered by the report made to persons
who have received one hundred dollars ($100) or more.

(5) For each person to whom an expenditure of one hundred
dollars ($100) or more related to the candidate or measure has
been made during the period covered by the report and for each
person who has provided consideration for an expenditure of one
hundred dollars ($100) or more during the period covered by the
report:

(A) His or her full name.

(B) His or her street address.

(C) If the person is a committee, the name of the committee,
the number assigned to the committee by the Secretary of State,
or if no number has been assigned, the full name and street address
of the treasurer of the committee.

(D) The date of the expenditure.

(E) The amount of the expenditure.

(F) A brief description of the consideration for which each
expenditure was made and the value of the consideration if less
than the total amount of the expenditure.

(G) The cumulative amount of expenditures to begin delete such end delete begin insert the end insert person.

(6) A list of all the filing officers with whom the committee
filed its most recent campaign statement.

(c) Filing officers shall maintain paper reports filed pursuant to
this section under the name of the candidate or measure supported
or opposed by the independent expenditure.

SEC. 21.  

Section 84204 of the Government Code is amended
to read:

84204.  

(a) A committee that makes a late independent
expenditure, as defined in Section 82036.5, shall report the late
independent expenditure by facsimile transmission, guaranteed
overnight delivery, or personal delivery within 24 hours of the
time it is made. If a late independent expenditure is required to be
reported to the Secretary of State, the report to the Secretary of
State shall be by online or electronic transmission only. A late
independent expenditure shall be reported on subsequent campaign
statements without regard to reports filed pursuant to this section.

(b) A committee that makes a late independent expenditure shall
report its full name and street address, as well as the name, office,
and district of the candidate if the report is related to a candidate,
or if the report is related to a measure, the number or letter of the
measure, the jurisdiction in which the measure is to be voted upon,
and the amount and the date, as well as a description of goods or
services for which the late independent expenditure was made. begin delete In
addition to the information required by this subdivision, a
committee that makes a late independent expenditure shall include
with its late independent expenditure report the information
required by paragraphs (1) to (5), inclusive, of subdivision (f) of
Section 84211, covering the period from the day after the closing
date of the last campaign report filed to the date of the late
independent expenditure, or if the committee has not previously
filed a campaign statement, covering the period from the previous
January 1 to the date of the late independent expenditure. No
information required by paragraphs (1) to (5), inclusive, of
subdivision (f) of Section 84211 that is required to be reported
with a late independent expenditure report by this subdivision is
required to be reported on more than one late independent
expenditure report. end delete

(c) A committee that makes a late independent expenditure shall
file a late independent expenditure report in the places where it
would be required to file campaign statements under this article
as if it were formed or existing primarily to support or oppose the
candidate or measure for or against which it is making the late
independent expenditure.

(d) A report filed pursuant to this section shall be in addition to
any other campaign statement required to be filed by this article.

(e) Expenditures that have been disclosed by candidates and
committees pursuant to Section 85500 are not required to be
disclosed pursuant to this section.

SEC. 22.  

Section 84204.5 of the Government Code is amended
to read:

84204.5.  

(a) In addition to any other report required by this
title, a committee pursuant to subdivision (a) of Section 82013 that
is required to file reports pursuant to Section 84605 shall file online
or electronically with the Secretary of State each time it makes
begin delete contributions totaling five thousand dollars ($5,000) or more or
each time it makes end delete independent expenditures totaling five thousand
dollars ($5,000) or more to support or oppose the qualification or
passage of a single state ballot measure. The report shall be filed
within 10 business days of making the contributions or independent
expenditures and shall contain all of the following:

(1) The full name, street address, and identification number of
the committee.

(2) The number or letter of the measure if the measure has
qualified for the ballot and has been assigned a number or letter;
the title of the measure if the measure has not been assigned a
number or letter but has been issued a title by the Attorney General;
or the subject of the measure if the measure has not been assigned
a number or letter and has not been issued a title by the Attorney
General.

begin delete end delete begin delete

(3) In the case of a contribution, the date and amount of the
contribution and the name, address, and identification number of
the committee to whom the contribution was made. In addition,
the report shall include the information required by paragraphs (1)
to (5), inclusive, of subdivision (f) of Section 84211, regarding
contributions or loans received from a person described in that
subdivision, covering the period from the day after the closing
date of the last campaign report filed to the date of the contribution
requiring a report under this section, or if the committee has not
previously filed a campaign statement, covering the period from
the previous January 1 to the date of the contribution requiring a
report under this section. No information described in paragraphs
(1) to (5), inclusive, of subdivision (f) of Section 84211 that is
required to be reported pursuant to this subdivision is required to
be reported in more than one report provided for in this subdivision
for each contribution or loan received from a person described in
subdivision (f) of Section 84211.

end delete begin delete end delete begin delete

(4) In the case of an independent expenditure, the

end delete

begin insert (3) end insert begin insert   end insert begin insert The end insert date, amount, and a description of the goods or services
for which the expenditure was made. begin delete In addition, the report shall
include the information required by paragraphs (1) to (5), inclusive,
of subdivision (f) of Section 84211 regarding contributions or
loans received from a person described in that subdivision, covering
the period from the day after the closing date of the last campaign
report filed to the date of the expenditure, or if the committee has
not previously filed a campaign statement, covering the period
from the previous January 1 to the date of the expenditure. No
information described in paragraphs (1) to (5), inclusive, of
subdivision (f) of Section 84211 that is required to be reported
pursuant to this subdivision is required to be reported in more than
one report provided for in this subdivision for each contribution
or loan received from a person described in subdivision (f) of
Section 84211. end delete

(b) Reports required by this section are not required to be filed
by a committee primarily formed to support or oppose the
qualification or passage of a state ballot measure for expenditures
made on behalf of the ballot measure or measures for which it is
formed.

(c) Independent expenditures that have been disclosed by a
committee pursuant to Section 84204 or 85500 are not required to
be disclosed pursuant to this section.

SEC. 23.  

Section 84205 of the Government Code is repealed.

begin delete

84205.  

The commission may by regulation or written advice
permit candidates and committees to file campaign statements
combining statements and reports required to be filed by this title.

end delete

SEC. 24.  

Section 84206 of the Government Code is repealed.

begin delete

84206.  

(a) The commission shall provide by regulation for a
short form for filing reports required by this article for candidates
or officeholders who receive contributions of less than one
thousand dollars ($1,000), and who make expenditures of less than
one thousand dollars ($1,000), in a calendar year.

(b) For the purposes of this section, in calculating whether one
thousand dollars ($1,000) in expenditures have been made,
payments for a filing fee or for a statement of qualification shall
not be included if these payments have been made from the
candidate’s personal funds.

(c) Every candidate or officeholder who has filed a short form
pursuant to subdivision (a), and who thereafter receives
contributions or makes expenditures totaling one thousand dollars
($1,000) or more in a calendar year, shall send written notification
to the Secretary of State, the local filing officer, and each candidate
contending for the same office within 48 hours of receiving or
expending a total of one thousand dollars ($1,000). The written
notification shall revoke the previously filed short form statement.

end delete

SEC. 25.  

Section 84209 of the Government Code is repealed.

begin delete

84209.  

A candidate or state measure proponent and any
committee or committees which the candidate or a state measure
proponent controls may file consolidated campaign statements
under this chapter. Such consolidated statements shall be filed in
each place each of the committees and the candidate or state
measure proponent would be required to file campaign statements
if separate statements were filed.

end delete

SEC. 26.  

Section 84211 of the Government Code is repealed.

begin delete

84211.  

Each campaign statement required by this article shall
contain all of the following information:

(a) The total amount of contributions received during the period
covered by the campaign statement and the total cumulative amount
of contributions received.

(b) The total amount of expenditures made during the period
covered by the campaign statement and the total cumulative amount
of expenditures made.

(c) The total amount of contributions received during the period
covered by the campaign statement from persons who have given
a cumulative amount of one hundred dollars ($100) or more.

(d) The total amount of contributions received during the period
covered by the campaign statement from persons who have given
a cumulative amount of less than one hundred dollars ($100).

(e) The balance of cash and cash equivalents on hand at the
beginning and the end of the period covered by the campaign
statement.

(f) If the cumulative amount of contributions (including loans)
received from a person is one hundred dollars ($100) or more and
a contribution or loan has been received from that person during
the period covered by the campaign statement, all of the following:

(1) His or her full name.

(2) His or her street address.

(3) His or her occupation.

(4) The name of his or her employer, or if self-employed, the
name of the business.

(5) The date and amount received for each contribution received
during the period covered by the campaign statement and if the
contribution is a loan, the interest rate for the loan.

(6) The cumulative amount of contributions.

(g) If the cumulative amount of loans received from or made to
a person is one hundred dollars ($100) or more, and a loan has
been received from or made to a person during the period covered
by the campaign statement, or is outstanding during the period
covered by the campaign statement, all of the following:

(1) His or her full name.

(2) His or her street address.

(3) His or her occupation.

(4) The name of his or her employer, or if self-employed, the
name of the business.

(5) The original date and amount of each loan.

(6) The due date and interest rate of the loan.

(7) The cumulative payment made or received to date at the end
of the reporting period.

(8) The balance outstanding at the end of the reporting period.

(9) The cumulative amount of contributions.

(h) For each person, other than the filer, who is directly,
indirectly, or contingently liable for repayment of a loan received
or outstanding during the period covered by the campaign
statement, all of the following:

(1) His or her full name.

(2) His or her street address.

(3) His or her occupation.

(4) The name of his or her employer, or if self-employed, the
name of the business.

(5) The amount of his or her maximum liability outstanding.

(i) The total amount of expenditures made during the period
covered by the campaign statement to persons who have received
one hundred dollars ($100) or more.

(j) The total amount of expenditures made during the period
covered by the campaign statement to persons who have received
less than one hundred dollars ($100).

(k) For each person to whom an expenditure of one hundred
dollars ($100) or more has been made during the period covered
by the campaign statement, all of the following:

(1) His or her full name.

(2) His or her street address.

(3) The amount of each expenditure.

(4) A brief description of the consideration for which each
expenditure was made.

(5) In the case of an expenditure which is a contribution to a
candidate, elected officer, or committee or an independent
expenditure to support or oppose a candidate or measure, in
addition to the information required in paragraphs (1) to (4) above,
the date of the contribution or independent expenditure, the
cumulative amount of contributions made to a candidate, elected
officer, or committee, or the cumulative amount of independent
expenditures made relative to a candidate or measure; the full name
of the candidate, and the office and district for which he or she
seeks nomination or election, or the number or letter of the
measure; and the jurisdiction in which the measure or candidate
is voted upon.

(6) The information required in paragraphs (1) to (4), inclusive,
for each person, if different from the payee, who has provided
consideration for an expenditure of five hundred dollars ($500) or
more during the period covered by the campaign statement.

For purposes of subdivisions (i), (j), and (k) only, the terms
“expenditure” or “expenditures” mean any individual payment or
accrued expense, unless it is clear from surrounding circumstances
that a series of payments or accrued expenses are for a single
service or product.

(l) In the case of a controlled committee, an official committee
of a political party, or an organization formed or existing primarily
for political purposes, the amount and source of any miscellaneous
receipt.

(m) If a committee is listed pursuant to subdivision (f), (g), (h),
(k), (l), or (q), the number assigned to the committee by the
Secretary of State shall be listed, or if no number has been assigned,
the full name and street address of the treasurer of the committee.

(n) In a campaign statement filed by a candidate who is a
candidate in both a state primary and general election, his or her
controlled committee, or a committee primarily formed to support
or oppose such a candidate, the total amount of contributions
received and the total amount of expenditures made for the period
January 1 through June 30 and the total amount of contributions
received and expenditures made for the period July 1 through
December 31.

(o) The full name, residential or business address, and telephone
number of the filer, or in the case of a campaign statement filed
by a committee defined by subdivision (a) of Section 82013, the
name, street address, and telephone number of the committee and
of the committee treasurer. In the case of a committee defined by
subdivision (b) or (c) of Section 82013, the name that the filer uses
on campaign statements shall be the name by which the filer is
identified for other legal purposes or any name by which the filer
is commonly known to the public.

(p) If the campaign statement is filed by a candidate, the name,
street address, and treasurer of any committee of which he or she
has knowledge which has received contributions or made
expenditures on behalf of his or her candidacy and whether the
committee is controlled by the candidate.

(q) A contribution need not be reported nor shall it be deemed
accepted if it is not cashed, negotiated, or deposited and is returned
to the contributor before the closing date of the campaign statement
on which the contribution would otherwise be reported.

(r) If a committee primarily formed for the qualification or
support of, or opposition to, an initiative or ballot measure is
required to report an expenditure to a business entity pursuant to
subdivision (k) and 50 percent or more of the business entity is
owned by a candidate or person controlling the committee, by an
officer or employee of the committee, or by a spouse of any of
these individuals, the committee’s campaign statement shall also
contain, in addition to the information required by subdivision (k),
that person’s name, the relationship of that person to the committee,
and a description of that person’s ownership interest or position
with the business entity.

(s) If a committee primarily formed for the qualification or
support of, or opposition to, an initiative or ballot measure is
required to report an expenditure to a business entity pursuant to
subdivision (k), and a candidate or person controlling the
committee, an officer or employee of the committee, or a spouse
of any of these individuals is an officer, partner, consultant, or
employee of the business entity, the committee’s campaign
statement shall also contain, in addition to the information required
by subdivision (k), that person’s name, the relationship of that
person to the committee, and a description of that person’s
ownership interest or position with the business entity.

(t) If the campaign statement is filed by a committee, as defined
in subdivision (b) or (c) of Section 82013, information sufficient
to identify the nature and interests of the filer, including:

(1) If the filer is an individual, the name and address of the
filer’s employer, if any, or his or her principal place of business
if the filer is self-employed, and a description of the business
activity in which the filer or his or her employer is engaged.

(2) If the filer is a business entity, a description of the business
activity in which it is engaged.

(3) If the filer is an industry, trade, or professional association,
a description of the industry, trade, or profession which it
represents, including a specific description of any portion or faction
of the industry, trade, or profession which the association
exclusively or primarily represents.

(4) If the filer is not an individual, business entity, or industry,
trade, or professional association, a statement of the person’s nature
and purposes, including a description of any industry, trade,
profession, or other group with a common economic interest which
the person principally represents or from which its membership
or financial support is principally derived.

end delete

SEC. 27.  

Section 84215 of the Government Code is amended
to read:

84215.  

All candidates and elected officers and their controlled
committees, except as provided in subdivisions (d) and (e), shall
file one copy of the campaign statements required by Section 84200
with the elections official of the county in which the candidate or
elected official is domiciled, as defined in subdivision (b) of
Section 349 of the Elections Code. In addition, campaign
statements shall be filed at the following places:

(a) Statewide elected officers, including members of the State
Board of Equalization; Members of the Legislature; Supreme Court
justices, court of appeal justices, and superior court judges;
candidates for those offices and their controlled committees;
committees formed or existing primarily to support or oppose these
candidates, elected officers, justices and judges, or statewide
measures, or the qualification of state ballot measures; and all state
general purpose committees and filers not specified in subdivisions
(b) to (e), inclusive, shall file a campaign statement by online or
electronic means, as specified in Section 84605, and shall file the
original and one copy of the campaign statement in paper format
with the Secretary of State.

(b) Elected officers in jurisdictions other than legislative
districts, State Board of Equalization districts, or appellate court
districts that contain parts of two or more counties, candidates for
these offices, their controlled committees, and committees formed
or existing primarily to support or oppose candidates or local
measures to be voted upon in one of these jurisdictions shall file
the original and one copy with the elections official of the county
with the largest number of registered voters in the jurisdiction.

(c) County elected officers, candidates for these offices, their
controlled committees, committees formed or existing primarily
to support or oppose candidates or local measures to be voted upon
in any number of jurisdictions within one county, other than those
specified in subdivision (d), and county general purpose
committees shall file the original and one copy with the elections
official of the county.

(d) City elected officers, candidates for city office, their
controlled committees, committees formed or existing primarily
to support or oppose candidates or local measures to be voted upon
in one city, and city general purpose committees shall file the
original and one copy with the clerk of the city and are not required
to file with the local elections official of the county in which they
are domiciled.

(e) Elected members of the Board of Administration of the
Public Employees’ Retirement System, elected members of the
Teachers’ Retirement Board, candidates for these offices, their
controlled committees, and committees formed or existing
primarily to support or oppose these candidates or elected members
shall file the original and one copy with the Secretary of State, and
a copy shall be filed at the relevant board’s office in Sacramento.
These elected officers, candidates, and committees need not file
with the elections official of the county in which they are
domiciled.

(f) Notwithstanding any other provision of this section, a
committee, candidate, or elected officer is not required to file more
than the original and one copy, or one copy, of a campaign
statement with any one county elections official or city clerk or
with the Secretary of State.

(g) If a committee is required to file campaign statements
required by Section 84200 begin delete or 84200.5 end delete in places designated in
subdivisions (a) to (d), inclusive, it shall continue to file these
statements in those places, in addition to any other places required
by this title, until the end of the calendar year.

SEC. 28.  

Section 84216 of the Government Code is amended
to read:

84216.  

(a) Notwithstanding Section 82015, a loan received
by a candidate or committee is a contribution unless the loan is
received from a commercial lending institution in the ordinary
course of business, or it is clear from the surrounding circumstances
that it is not made for political purposes.

(b) A loan, whether or not there is a written contract for the
loan, shall be reported as provided in Section begin delete 84211 end delete begin insert 84200 end insert when
any of the following apply:

(1) The loan is a contribution.

(2) The loan is received by a committee.

(3) The loan is received by a candidate and is used for political
purposes.

SEC. 29.  

Section 84216.5 of the Government Code is repealed.

begin delete

84216.5.  

A loan of campaign funds, whether or not there is a
written contract for the loan, made by a candidate or committee
shall be reported as provided in Section 84211.

end delete

SEC. 30.  

Section 84218 of the Government Code is amended
to read:

84218.  

(a) A slate mailer organization shall file semiannual
campaign statements no later than July 31 for the period ending
June 30, and no later than January 31 for the period ending
December 31.

begin delete

(b) In addition to the semiannual statements required by
subdivision (a), slate mailer organizations shall file preelection
statements as follows:

end delete begin delete end delete begin delete

(1) Any slate mailer organization which produces a slate mailer
supporting or opposing candidates or measures being voted on in
an election held upon the first Tuesday after the first Monday in
June or November of an even-numbered year shall file the
statements specified in Section 84200.7 if, during the period
covered by the preelection statement, the slate mailer organization
receives payments totaling five hundred dollars ($500) or more
from any person for the support of or opposition to candidates or
ballot measures in one or more slate mailers, or expends five
hundred dollars ($500) or more to produce one or more slate
mailers.

end delete begin delete end delete begin delete

(2) Any slate mailer organization which produces a slate mailer
supporting or opposing candidates or measures being voted on in
an election held on a date other than the first Tuesday after the
first Monday in June or November of an even-numbered year shall
file the statements specified in Section 84200.8 if, during the period
covered by the preelection statement, the slate mailer organization
receives payments totaling five hundred dollars ($500) or more
from any person for the support of or opposition to candidates or
ballot measures in one or more slate mailers, or expends five
hundred dollars ($500) or more to produce one or more slate
mailers.

end delete begin delete end delete begin delete

(c)

end delete

begin insert (b) end insert  A slate mailer organization shall file two copies of its
campaign reports with the clerk of the county in which it is
domiciled. A slate mailer organization is domiciled at the address
listed on its statement of organization unless it is domiciled outside
California, in which case its domicile shall be deemed to be Los
Angeles County for purposes of this section.

In addition, slate mailer organizations shall file campaign reports
as follows:

(1) A slate mailer organization which produces one or more
slate mailers supporting or opposing candidates or measures voted
on in a state election, or in more than one county, shall file
campaign reports in the same manner as state general purpose
committees pursuant to subdivision (a) of Section 84215.

(2) A slate mailer organization which produces one or more
slate mailers supporting or opposing candidates or measures voted
on in only one county, or in more than one jurisdiction within one
county, shall file campaign reports in the same manner as county
general purpose committees pursuant to subdivision (c) of Section
84215.

(3) A slate mailer organization which produces one or more
slate mailers supporting or opposing candidates or measures voted
on in only one city shall file campaign reports in the same manner
as city general purpose committees pursuant to subdivision (d) of
Section 84215.

(4) Notwithstanding the above, no slate mailer organization
shall be required to file more than the original and one copy, or
two copies, of a campaign report with any one county or city clerk
or with the Secretary of State.

SEC. 31.  

Section 84220 of the Government Code is repealed.

begin delete

84220.  

If a slate mailer organization receives a payment of two
thousand five hundred dollars ($2,500) or more for purposes of
supporting or opposing any candidate or ballot measure in a slate
mailer, and the payment is received at a time when, if the payment
were a contribution it would be considered a late contribution, then
the slate mailer organization shall report the payment in the manner
set forth in Section 84203 for candidates and committees when
reporting late contributions received. The slate mailer organization
shall, in addition to reporting the information required by Section
84203, identify the candidates or measures whose support or
opposition is being paid for, in whole or in part, by each late
payment.

end delete

SEC. 32.  

Article 2.5 (commencing with Section 84250) of
Chapter 4 of Title 9 of the Government Code is repealed.

SEC. 33.  

Section 84300 of the Government Code is amended
to read:

begin delete

84300.  

(a) No contribution of one hundred dollars ($100) or
more shall be made or received in cash.

A cash contribution shall not be deemed received if it is not
negotiated or deposited and is returned to the contributor before
the closing date of the campaign statement on which the
contribution would otherwise be reported. If a cash contribution,
other than a late contribution, as defined in Section 82036, is
negotiated or deposited, it shall not be deemed received if it is
refunded within 72 hours of receipt. In the case of a late
contribution, as defined in Section 82036, it shall not be deemed
received if it is returned to the contributor within 48 hours of
receipt.

(b) No

end delete

begin insert

begin insert 84300. end insert   

end insert

begin insert (a) end insert begin insert   end insert begin insert No end insert expenditure of one hundred dollars ($100) or
more shall be made in cash.

begin delete

(c) No contribution of one hundred dollars ($100) or more other
than an in-kind contribution shall be made unless in the form of a
written instrument containing the name of the donor and the name
of the payee and drawn from the account of the donor or the
intermediary, as defined in Section 84302.

end delete begin delete

(d)

end delete

begin insert (b) end insert  The value of all in-kind contributions of one hundred dollars
($100) or more shall be reported in writing to the recipient upon
the request in writing of the recipient.

SEC. 34.  

Section 84302 of the Government Code is repealed.

begin delete

84302.  

No person shall make a contribution on behalf of
another, or while acting as the intermediary or agent of another,
without disclosing to the recipient of the contribution both his own
full name and street address, occupation, and the name of his
employer, if any, or his principal place of business if he is
self-employed, and the full name and street address, occupation,
and the name of employer, if any, or principal place of business
if self-employed, of the other person. The recipient of the
contribution shall include in his campaign statement the full name
and street address, occupation, and the name of the employer, if
any, or the principal place of business if self-employed, of both
the intermediary and the contributor.

end delete

SEC. 35.  

Section 84308 of the Government Code is amended
to read:

84308.  

(a) The definitions set forth in this subdivision shall
govern the interpretation of this section.

(1) “Party” means any person who files an application for, or
is the subject of, a proceeding involving a license, permit, or other
entitlement for use.

(2) “Participant” means any person who is not a party but who
actively supports or opposes a particular decision in a proceeding
involving a license, permit, or other entitlement for use and who
has a financial interest in the decision, as described in Article 1
(commencing with Section 87100) of Chapter 7. A person actively
supports or opposes a particular decision in a proceeding if he or
she lobbies in person the officers or employees of the agency,
testifies in person before the agency, or otherwise acts to influence
officers of the agency.

(3) “Agency” means an agency as defined in Section 82003 begin insert , end insert
except that it does not include the courts or any agency in the
judicial branch of government, local governmental agencies whose
members are directly elected by the voters, the Legislature, the
begin insert State end insert Board of Equalization, or constitutional officers. However,
this section applies to any person who is a member of an exempted
agency but is acting as a voting member of another agency.

(4) “Officer” means any elected or appointed officer of an
agency, any alternate to an elected or appointed officer of an
agency, and any candidate for elective office in an agency.

(5) “License, permit, or other entitlement for use” means all
business, professional, trade begin insert , end insert and land use licenses and permits
and all other entitlements for use, including all entitlements for
land use, all contracts (other than competitively bid, labor, or
personal employment contracts), and all franchises.

(6) “Contribution” includes contributions to candidates and
committees in federal, state, or local elections.

begin delete

(b) No officer of an agency shall accept, solicit, or direct a
contribution of more than two hundred fifty dollars ($250) from
any party, or his or her agent, or from any participant, or his or her
agent, while a proceeding involving a license, permit, or other
entitlement for use is pending before the agency and for three
months following the date a final decision is rendered in the
proceeding if the officer knows or has reason to know that the
participant has a financial interest, as that term is used in Article
1 (commencing with Section 87100) of Chapter 7. This prohibition
shall apply regardless of whether the officer accepts, solicits, or
directs the contribution for himself or herself, or on behalf of any
other officer, or on behalf of any candidate for office or on behalf
of any committee.

end delete begin delete end delete begin delete

(c)

end delete

begin insert (b) end insert  Prior to rendering any decision in a proceeding involving
a license, permit begin insert , end insert or other entitlement for use pending before an
agency, each officer of the agency who received a contribution
within the preceding 12 months in an amount of more than two
hundred fifty dollars ($250) from a party or from any participant
shall disclose that fact on the record of the proceeding. No officer
of an agency shall make, participate in making, or in any way
attempt to use his or her official position to influence the decision
in a proceeding involving a license, permit, or other entitlement
for use pending before the agency if the officer has willfully or
knowingly received a contribution in an amount of more than two
hundred fifty dollars ($250) within the preceding 12 months from
a party or his or her agent, or from any participant, or his or her
agent if the officer knows or has reason to know that the participant
has a financial interest in the decision, as that term is described
with respect to public officials in Article 1 (commencing with
Section 87100) of Chapter 7.

If an officer receives a contribution begin delete which end delete begin insert that end insert would otherwise
require disqualification under this section, begin insert and end insert returns the
contribution within 30 days from the time he or she knows, or
should have known, about the contribution and the proceeding
involving a license, permit, or other entitlement for use, he or she
shall be permitted to participate in the proceeding.

begin delete

(d)

end delete

begin insert (c) end insert  A party to a proceeding before an agency involving a
license, permit, or other entitlement for use shall disclose on the
record of the proceeding any contribution in an amount of more
than two hundred fifty dollars ($250) made within the preceding
12 months by the party, or his or her agent, to any officer of the
agency. No party, or his or her agent, to a proceeding involving a
license, permit, or other entitlement for use pending before any
agency and no participant, or his or her agent, in the proceeding
shall make a contribution of more than two hundred fifty dollars
($250) to any officer of that agency during the proceeding and for
three months following the date a final decision is rendered by the
agency in the proceeding. When a closed corporation is a party to,
or a participant in, a proceeding involving a license, permit, or
other entitlement for use pending before an agency, the majority
shareholder is subject to the disclosure and prohibition
requirements specified in begin delete subdivisions (b), (c), end delete begin insert subdivision (b) end insert and
this subdivision.

begin delete

(e)

end delete

begin insert (d) end insert  Nothing in this section shall be construed to imply that any
contribution subject to being reported under this title shall not be
so reported.

SEC. 36.  

Section 84602 of the Government Code is amended
to read:

84602.  

To implement the Legislature’s intent, the Secretary of
State, in consultation with the Commission, notwithstanding any
other provision of this code, shall do all of the following:

(a) Develop online and electronic filing processes for use by
persons and entities specified in Section 84605 that are required
to file statements and reports with the Secretary of State’s office
pursuant to Chapter 4 (commencing with Section 84100) and
Chapter 6 (commencing with Section 86100). Those processes
shall each enable a user to comply with all the disclosure
requirements of this title and shall include, at a minimum, the
following:

(1) A means or method whereby filers subject to this chapter
may submit required filings free of charge. Any means or method
developed pursuant to this provision shall not provide any
additional or enhanced functions or services that exceed the
minimum requirements necessary to fulfill the disclosure provisions
of this title. At least one means or method shall be made available
no later than December 31, 2002.

(2) The definition of a nonproprietary standardized record format
or formats using industry standards for the transmission of the data
that is required of those persons and entities specified Section
84605 and that conforms with the disclosure requirements of this
title. The Secretary of State shall hold public hearings prior to
development of the record format or formats as a means to ensure
that affected entities have an opportunity to provide input into the
development process. The format or formats shall be made public
no later than July 1, 1999, to ensure sufficient time to comply with
begin insert the requirements of end insert this chapter.

(b) Accept test files from software vendors and others wishing
to file reports electronically, for the purpose of determining whether
the file format is in compliance with the standardized record format
developed pursuant to subdivision (a) and is compatible with the
Secretary of State’s system for receiving the data. A list of the
software and service providers who have submitted acceptable test
files shall be published by the Secretary of State and made available
to the public. Acceptably formatted files shall be submitted by a
filer in order to meet the requirements of this chapter.

(c) Develop a system that provides for the online or electronic
transfer of the data specified in this section utilizing
telecommunications technology that assures the integrity of the
data transmitted and that creates safeguards against efforts to
tamper with or subvert the data.

(d) Make all the data filed available on the Internet in an easily
understood format that provides the greatest public access. The
data shall be made available free of charge and as soon as possible
after receipt. All begin delete late end delete contribution begin insert reports end insert and late independent
expenditure reports begin delete , as defined by Sections 84203 and 84204,
respectively, end delete shall be made available on the Internet within 24
hours of receipt. The data made available on the Internet shall not
contain the street name and building number of the persons or
entity representatives listed on the electronically filed forms or
any bank account number required to be disclosed pursuant to this
title.

(e) Develop a procedure for filers to comply with the
requirement that they sign under penalty of perjury pursuant to
Section 81004.

(f) Maintain all filed data online for 10 years after the date it is
filed, and then archive the information in a secure format.

(g) Provide assistance to those seeking public access to the
information.

(h) Implement sufficient technology to seek to prevent
unauthorized alteration or manipulation of the data.

(i) Provide the Commission with necessary information to enable
it to assist agencies, public officials, and others begin insert , end insert with the
compliance with and administration of this title.

(j) Report to the Legislature on the implementation and
development of the online and electronic filing and disclosure
requirements of this chapter. The report shall include an
examination of system security, private security issues, software
availability, compliance costs to filers, use of the filing system and
software provided by the Secretary of State, and other issues
relating to this chapter, and shall recommend appropriate changes
if necessary. In preparing the report, the Commission may present
to the Secretary of State and the Legislature its comments regarding
this chapter as it relates to the duties of the Commission and
suggest appropriate changes if necessary. There shall be one report
due before the system is operational as set forth in Section 84603,
one report due no later than June 1, 2002, and one report due no
later than January 31, 2003.

(k) Review the current filing and disclosure requirements of
this chapter and report to the Legislature, no later than June 1,
2005, recommendations on revising these requirements so as to
promote greater reliance on electronic and online submissions.

SEC. 37.  

Section 84605 of the Government Code is amended
to read:

84605.  

(a) The following persons shall file online or
electronically with the Secretary of State:

(1) Any candidate, including superior court, appellate court,
and Supreme Court candidates and officeholders, committee, or
other persons who are required, pursuant to Chapter 4 (commencing
with Section 84100), to file statements, reports, or other documents
in connection with a state elective office or state measure, provided
that the total cumulative reportable amount of contributions
received, expenditures made, loans made, or loans received is
twenty-five thousand dollars ($25,000) or more. In determining
the cumulative reportable amount, all controlled committees, as
defined by Section 82016, shall be included. For a committee
subject to this title prior to January 1, 2000, the beginning date for
calculating cumulative totals is January 1, 2000. For a committee
that is first subject to this title on or after January 1, 2000, the
beginning date for calculating cumulative totals is the date the
committee is first subject to this title. A committee, as defined in
subdivision (c) of Section 82013, shall file online or electronically
if it makes contributions of twenty-five thousand dollars ($25,000)
or more in a calendar year.

(2) Any general purpose committees, as defined in Section
82027.5, including the general purpose committees of political
parties, and small contributor committees, as defined in Section
85203, that cumulatively receive contributions or make
expenditures totaling twenty-five thousand dollars ($25,000) or
more to support or oppose candidates for any elective state office
or state measure. For a committee subject to this title prior to
January 1, 2000, the beginning date for calculating cumulative
totals is January 1, 2000. For a committee that first is subject to
this title on or after January 1, 2000, the beginning date for
calculating cumulative totals is the date the committee is first
subject to this title.

(3) Any slate mailer organization with cumulative reportable
payments received or made for the purposes of producing slate
mailers of twenty-five thousand dollars ($25,000) or more. For a
slate mailer organization subject to this title prior to January 1,
2000, the beginning date for calculating cumulative totals is
January 1, 2000. For a slate mailer organization that first is subject
to this title on or after January 1, 2000, the beginning date for
calculating cumulative totals is the date the organization is first
subject to this title.

(4) Any lobbyist, lobbying firm, lobbyist employer, or other
persons required, pursuant to Chapter 6 (commencing with Section
86100), to file statements, reports, or other documents, provided
that the total amount of any category of reportable payments,
expenses, contributions, gifts, or other items is two thousand five
hundred dollars ($2,500) or more in a calendar quarter.

(b) The Secretary of State shall also disclose on the Internet any
begin delete late end delete contribution begin insert report end insert or late independent expenditure report begin delete , as
defined by Sections 84203 and 84204, respectively, end delete not covered
by paragraph (1), (2), or (3) of subdivision (a) or any other
provision of law.

(c) Committees and other persons that are not required to file
online or electronically by this section may do so voluntarily.

(d) Once a person or entity is required to file online or
electronically, subject to subdivision (a) or (c), the person or entity
shall be required to file all subsequent reports online or
electronically.

(e) It shall be presumed that online or electronic filers file under
penalty of perjury.

(f) Persons filing online or electronically shall also continue to
file required disclosure statements and reports in paper format.
The paper copy shall continue to be the official filing for audit and
other legal purposes until the Secretary of State, pursuant to Section
84606, determines the system is operating securely and effectively.

(g) The Secretary of State shall maintain at all times a secured,
official version of all original online and electronically filed
statements and reports required by this chapter. Upon determination
by the Secretary of State, pursuant to Section 84606, that the
system is operating securely and effectively, this online or
electronic version shall be the official version for audit and other
legal purposes.

(h) Except for statements related to a local elective office or a
local ballot measure filed by a candidate for local elective office
who is also a candidate for elective state office, a copy of a
statement, report, or other document filed by online or electronic
means with the Secretary of State shall not be filed with a local
filing officer.

SEC. 38.  

Section 85300 of the Government Code is repealed.

begin delete

85300.  

No public officer shall expend and no candidate shall
accept any public moneys for the purpose of seeking elective office.

end delete

SEC. 39.  

Section 85301 of the Government Code is repealed.

begin delete

85301.  

(a) A person, other than a small contributor committee
or political party committee, may not make to any candidate for
elective state office other than a candidate for statewide elective
office, and a candidate for elective state office other than a
candidate for statewide elective office may not accept from a
person, any contribution totaling more than three thousand dollars
($3,000) per election.

(b) Except to a candidate for Governor, a person, other than a
small contributor committee or political party committee, may not
make to any candidate for statewide elective office, and except a
candidate for Governor, a candidate for statewide elective office
may not accept from a person other than a small contributor
committee or a political party committee, any contribution totaling
more than five thousand dollars ($5,000) per election.

(c) A person, other than a small contributor committee or
political party committee, may not make to any candidate for
Governor, and a candidate for governor may not accept from any
person other than a small contributor committee or political party
committee, any contribution totaling more than twenty thousand
dollars ($20,000) per election.

(d) The provisions of this section do not apply to a candidate’s
contributions of his or her personal funds to his or her own
campaign.

end delete

SEC. 40.  

Section 85302 of the Government Code is repealed.

begin delete

85302.  

(a) A small contributor committee may not make to
any candidate for elective state office other than a candidate for
statewide elective office, and a candidate for elective state office,
other than a candidate for statewide elective office may not accept
from a small contributor committee, any contribution totaling more
than six thousand dollars ($6,000) per election.

(b) Except to a candidate for Governor, a small contributor
committee may not make to any candidate for statewide elective
office and except for a candidate for Governor, a candidate for
statewide elective office may not accept from a small contributor
committee, any contribution totaling more than ten thousand dollars
($10,000) per election.

(c) A small contributor committee may not make to any
candidate for Governor, and a candidate for governor may not
accept from a small contributor committee, any contribution
totaling more than twenty thousand dollars ($20,000) per election.

end delete

SEC. 41.  

Section 85303 of the Government Code is repealed.

begin delete

85303.  

(a) A person may not make to any committee, other
than a political party committee, and a committee other than a
political party committee may not accept, any contribution totaling
more than five thousand dollars ($5,000) per calendar year for the
purpose of making contributions to candidates for elective state
office.

(b) A person may not make to any political party committee,
and a political party committee may not accept, any contribution
totaling more than twenty-five thousand dollars ($25,000) per
calendar year for the purpose of making contributions for the
support or defeat of candidates for elective state office.
Notwithstanding Section 85312, this limit applies to contributions
made to a political party used for the purpose of making
expenditures at the behest of a candidate for elective state office
for communications to party members related to the candidate’s
candidacy for elective state office.

(c) Except as provided in Section 85310, nothing in this chapter
shall limit a person’s contributions to a committee or political party
committee provided the contributions are used for purposes other
than making contributions to candidates for elective state office.

(d) Nothing in this chapter limits a candidate for elected state
office from transferring contributions received by the candidate
in excess of any amount necessary to defray the candidate’s
expenses for election related activities or holding office to a
political party committee, provided those transferred contributions
are used for purposes consistent with paragraph (4) of subdivision
(b) of Section 89519.

end delete

SEC. 42.  

Section 85304 of the Government Code is amended
to read:

85304.  

(a) A candidate for elective state office or an elected
state officer may establish a separate account to defray attorney’s
fees and other related legal costs incurred for the candidate’s or
officer’s legal defense if the candidate or officer is subject to one
or more civil or criminal proceedings or administrative proceedings
arising directly out of the conduct of an election campaign, the
electoral process, or the performance of the officer’s governmental
activities and duties. These funds may be used only to defray those
begin delete attorney end delete begin insert attorney’s end insert fees and other related legal costs.

(b)  begin delete A candidate may receive contributions to this account that
are not subject to the contribution limits set forth in this article.
However, all end delete begin insert All end insert contributions shall be reported in begin delete a end delete begin insert the end insert manner
prescribed by begin delete the commission end delete begin insert Section 84200 end insert .

(c) Once the legal dispute is resolved, the candidate shall dispose
of any funds remaining after all expenses associated with the
dispute are discharged for one or more of the purposes set forth in
paragraphs (1) to (5), inclusive, of subdivision (b) of Section
89519.

SEC. 43.  

Section 85304.5 of the Government Code is amended
to read:

85304.5.  

(a) A candidate for elective office other than an
elective state office or an elected officer other than an elected state
officer may establish a separate account pursuant to subdivision
(a) of Section 85304 and may use these funds only to defray
attorney’s fees and other related legal costs.

(b) A candidate for an elective office other than an elective state
office may receive contributions to the separate account begin insert , which
shall not be end insert subject to any limitations provided by local ordinance.
However, all contributions to these separate accounts shall be
reported in begin delete a end delete begin insert the end insert manner prescribed by begin delete the commission end delete begin insert Section
84200 end insert .

(c) Once the legal dispute is resolved, the candidate or elected
officer shall dispose of any funds remaining in the separate
accounts after all expenses associated with the dispute are
discharged for one or more of the purposes set forth in paragraphs
(1) to (5), inclusive, of subdivision (b) of Section 89519.

SEC. 44.  

Section 85305 of the Government Code is repealed.

begin delete

85305.  

A candidate for elective state office or committee
controlled by that candidate may not make any contribution to any
other candidate for elective state office in excess of the limits set
forth in subdivision (a) of Section 85301.

end delete

SEC. 45.  

Section 85306 of the Government Code is amended
to read:

85306.  

(a) A candidate may transfer campaign funds from one
controlled committee to a controlled committee for elective state
office of the same candidate. Contributions transferred shall be
attributed to specific contributors using a “last in, first out” or “first
in, first out” accounting method begin delete , and these attributed contributions
when aggregated with all other contributions from the same
contributor may not exceed the limits set forth in Section 85301
or 85302 end delete .

(b) Notwithstanding subdivision (a), a candidate for elective
state office, other than a candidate for statewide elective office,
who possesses campaign funds on January 1, 2001, may use those
funds to seek elective office without attributing the funds to specific
contributors.

(c) Notwithstanding subdivision (a), a candidate for statewide
elective office who possesses campaign funds on November 6,
2002, may use those funds to seek elective office without
attributing the funds to specific contributors.

SEC. 46.  

Section 85307 of the Government Code is repealed.

begin delete

85307.  

(a) The provisions of this article regarding loans apply
to extensions of credit, but do not apply to loans made to a
candidate by a commercial lending institution in the lender’s
regular course of business on terms available to members of the
general public for which the candidate is personally liable.

(b) Notwithstanding subdivision (a), a candidate for elective
state office may not personally loan to his or her campaign,
including the proceeds of a loan obtained by the candidate from a
commercial lending institution, an amount, the outstanding balance
of which exceeds one hundred thousand dollars ($100,000). A
candidate may not charge interest on any loan he or she made to
his or her campaign.

end delete

SEC. 47.  

Section 85309 of the Government Code is repealed.

begin delete

85309.  

(a) In addition to any other report required by this title,
a candidate for elective state office who is required to file reports
pursuant to Section 84605 shall file online or electronically with
the Secretary of State a report disclosing receipt of a contribution
of one thousand dollars ($1,000) or more received during an
election cycle. Those reports shall disclose the same information
required by subdivision (a) of Section 84203 and shall be filed
within 24 hours of receipt of the contribution.

(b) In addition to any other report required by this title, any
committee primarily formed to support or oppose one or more
state ballot measures that is required to file reports pursuant to
Section 84605 shall file online or electronically with the Secretary
of State a report disclosing receipt of a contribution of one thousand
dollars ($1,000) or more received during an election cycle. Those
reports shall disclose the same information required by subdivision
(a) of Section 84203 and shall be filed within 24 hours of receipt
of the contribution.

(c) In addition to any other report required by this title, a
candidate for elective state office who is required to file reports
pursuant to Section 84605 shall file online or electronically with
the Secretary of State a report disclosing receipt of a contribution
of five thousand dollars ($5,000) or more received at any time
other than during an election cycle. Those reports shall disclose
the same information required by subdivision (a) of Section 84203
and shall be filed within 10 business days of receipt of the
contribution.

(d) In addition to any other report required by this title, a
committee primarily formed to support or oppose a state ballot
measure that is required to file reports pursuant to Section 84605
shall file online or electronically with the Secretary of State a report
disclosing receipt of a contribution of five thousand dollars
($5,000) or more received at any time other than during an election
cycle. Those reports shall disclose the same information required
by subdivision (a) of Section 84203 and shall be filed within 10
business days of receipt of the contribution.

end delete

SEC. 48.  

Section 85310 of the Government Code is amended
to read:

85310.  

(a) Any person who makes a payment or a promise of
payment totaling fifty thousand dollars ($50,000) or more for a
communication that clearly identifies a candidate for elective state
office, but does not expressly advocate the election or defeat of
the candidate, and that is disseminated, broadcast, or otherwise
published within 45 days of an election, shall file online or
electronically with the Secretary of State a report disclosing the
name of the person, address, occupation, and employer, and amount
of the payment. The report shall be filed within 48 hours of making
the payment or the promise to make the payment.

(b) (1) Except as provided in paragraph (2), if any person has
received a payment or a promise of a payment from other persons
totaling five thousand dollars ($5,000) or more for the purpose of
making a communication described in subdivision (a), the person
receiving the payments shall disclose on the report the name,
address, occupation and employer, and date and amount received
from the person.

(2) A person who receives or is promised a payment that is
otherwise reportable under paragraph (1) is not required to report
the payment if the person is in the business of providing goods or
services and receives or is promised the payment for the purpose
of providing those goods or services.

begin delete end delete begin delete

(c) Any payment received by a person who makes a
communication described in subdivision (a) is subject to the limits
specified in subdivision (b) of Section 85303 if the communication
is made at the behest of the clearly identified candidate.

end delete begin delete end delete

SEC. 49.  

Section 85314 of the Government Code is repealed.

begin delete

85314.  

The contribution limits of this chapter apply to special
elections and apply to special runoff elections. A special election
and a special runoff election are separate elections for purposes
of the contribution and voluntary expenditure limits set forth in
this chapter.

end delete

SEC. 50.  

Section 85315 of the Government Code is amended
to read:

85315.  

(a) Notwithstanding any other provision of this chapter,
an elected state officer may establish a committee to oppose the
qualification of a recall measure begin delete , end delete and the recall election. This
committee may be established when the elected state officer
receives a notice of intent to recall pursuant to Section 11021 of
the Elections Code. An elected state officer may accept campaign
contributions to oppose the qualification of a recall measure begin delete , and
if qualification is successful, the recall election, without regard to
the campaign contributions limits set forth in this chapter end delete . The
voluntary expenditure limits do not apply to expenditures made
to oppose the qualification of a recall measure or to oppose the
recall election.

(b) After the failure of a recall petition or after the recall
election, the committee formed by the elected state officer shall
wind down its activities and dissolve. Any remaining funds shall
be treated as surplus funds and shall be expended within 30 days
after the failure of the recall petition or after the recall election for
a purpose specified in subdivision (b) of Section 89519.

SEC. 51.  

Section 85316 of the Government Code is amended
to read:

85316.  

(a) Except as provided in subdivision (b), a contribution
for an election may be accepted by a candidate for elective state
office after the date of the election only to the extent that the
contribution does not exceed net debts outstanding from the
begin delete election, and the contribution does not otherwise exceed the
applicable contribution limit for that end delete election.

(b) Notwithstanding subdivision (a), an elected state officer
may accept contributions after the date of the election for the
purpose of paying expenses associated with holding the office
provided that the contributions are not expended for any
contribution to any state or local committee. Contributions received
pursuant to this subdivision shall be deposited into a bank account
established solely for the purposes specified in this subdivision.

begin delete

(1) No person shall make, and no elected state officer shall
receive from a person, a contribution pursuant to this subdivision
totaling more than the following amounts per calendar year:

end delete begin delete end delete begin delete

(A) Three thousand dollars ($3,000) in the case of an elected
state officer of the Assembly or Senate.

end delete begin delete end delete begin delete

(B) Five thousand dollars ($5,000) in the case of a statewide
elected state officer other than the Governor.

end delete begin delete end delete begin delete

(C) Twenty thousand dollars ($20,000) in the case of the
Governor.

end delete begin delete end delete begin delete

(2) No elected state officer shall receive contributions pursuant
to paragraph (1) that, in the aggregate, total more than the following
amounts per calendar year:

end delete begin delete end delete begin delete

(A) Fifty thousand dollars ($50,000) in the case of an elected
state officer of the Assembly or Senate.

end delete begin delete end delete begin delete

(B) One hundred thousand dollars ($100,000) in the case of a
statewide elected state officer other than the Governor.

end delete begin delete end delete begin delete

(C) Two hundred thousand dollars ($200,000) in the case of the
Governor.

end delete begin delete end delete begin delete

(3)

end delete

begin insert (c) end insert  Any contribution received pursuant to this begin delete subdivision end delete
begin insert section end insert shall be deemed to be a contribution to that candidate for
election to any state office that he or she may seek during the term
of office to which he or she is currently elected, including, but not
limited to, reelection to the office he or she currently holds begin delete , and
shall be subject to any applicable contribution limit provided in
this title. If a contribution received pursuant to this subdivision
exceeds the allowable contribution limit for the office sought, the
candidate shall return the amount exceeding the limit to the
contributor on a basis to be determined by the Commission end delete . None
of the expenditures made by elected state officers pursuant to this
subdivision shall be subject to the voluntary expenditure limitations
in Section 85400.

begin delete end delete begin delete

(4) The commission shall adjust the calendar year contribution
limitations and aggregate contribution limitations set forth in this
subdivision in January of every odd-numbered year to reflect any
increase or decrease in the Consumer Price Index. Those
adjustments shall be rounded to the nearest one hundred dollars
($100).

end delete begin delete end delete

SEC. 52.  

Section 85320 of the Government Code is repealed.

begin delete

85320.  

(a) No foreign government or foreign principal shall
make, directly or through any other person, any contribution,
expenditure, or independent expenditure in connection with the
qualification or support of, or opposition to, any state or local ballot
measure.

(b) No person and no committee shall solicit or accept a
contribution from a foreign government or foreign principal in
connection with the qualification or support of, or opposition to,
any state or local ballot measure.

(c) For the purposes of this section, a “foreign principal”
includes the following:

(1) A foreign political party.

(2) A person outside the United States, unless either of the
following is established:

(A) The person is an individual and a citizen of the United
States.

(B) The person is not an individual and is organized under or
created by the laws of the United States or of any state or other
place subject to the jurisdiction of the United States and has its
principal place of business within the United States.

(3) A partnership, association, corporation, organization, or
other combination of persons organized under the laws of or having
its principal place of business in a foreign country.

(4) A domestic subsidiary of a foreign corporation if the decision
to contribute or expend funds is made by an officer, director, or
management employee of the foreign corporation who is neither
a citizen of the United States nor a lawfully admitted permanent
resident of the United States.

(d) This section shall not prohibit a contribution, expenditure,
or independent expenditure made by a lawfully admitted permanent
resident.

(e) Any person who violates this section shall be guilty of a
misdemeanor and shall be fined an amount equal to the amount
contributed or expended.

end delete

SEC. 53.  

Section 85321 of the Government Code is repealed.

begin delete

85321.  

Notwithstanding any other provision of this chapter, if
a candidate for elective state office or the candidate’s controlled
committee had net debts resulting from an election held prior to
January 1, 2001, contributions to that candidate or committee for
that election are not subject to the limits of Sections 85301 and
85302.

end delete

SEC. 54.  

Section 85501 of the Government Code is amended
to read:

85501.  

A controlled committee of a candidate may not make
independent expenditures begin delete and may not contribute funds to another
committee for the purpose of making independent expenditures end delete to
support or oppose other candidates.

SEC. 55.  

Section 85701 of the Government Code is repealed.

begin delete

85701.  

Any candidate or committee that receives a contribution
in violation of Section 84301 shall pay to the General Fund of the
state the amount of the contribution.

end delete

SEC. 56.  

Section 85702 of the Government Code is repealed.

begin delete

85702.  

An elected state officer or candidate for elected state
office may not accept a contribution from a lobbyist, and a lobbyist
may not make a contribution to an elected state officer or candidate
for elected state office, if that lobbyist is registered to lobby the
governmental agency for which the candidate is seeking election
or the governmental agency of the elected state officer.

end delete

SEC. 57.  

Section 85704 of the Government Code is repealed.

begin delete

85704.  

A person may not make any contribution to a committee
on the condition or with the agreement that it will be contributed
to any particular candidate unless the contribution is fully disclosed
pursuant to Section 84302.

end delete

SEC. 58.  

Section 89510 of the Government Code is amended
to read:

begin delete

89510.  

(a) A candidate for elective state office may only accept
contributions within the limits provided in Chapter 5 (commencing
with Section 85100).

(b) All

end delete

begin insert

begin insert 89510. end insert   

end insert

begin insert All end insert contributions deposited into the campaign account
shall be deemed to be held in trust for expenses associated with
the election of the candidate or for expenses associated with
holding office.

SEC. 59.  

Section 89511.5 of the Government Code is amended
to read:

89511.5.  

(a) An incumbent elected officer may utilize his or
her personal funds for expenditures authorized by begin delete subdivision (b)
of end delete Section 89510 without first depositing those funds in his or her
controlled committee’s campaign bank account, if both of the
following conditions are met:

(1) The expenditures are not campaign expenses.

(2) The treasurer of the committee is provided with a dated
receipt and a written description of the expenditure.

(b) An incumbent elected officer may be reimbursed for
expenditures of his or her personal funds, from either the controlled
committee campaign bank account established pursuant to Section
85201 with respect to election to the incumbent term of office, or
from a controlled committee campaign bank account established
pursuant to Section 85201 with respect to election to a future term
of office, if all of the following conditions are met:

(1) The expenditures are not campaign expenses.

(2) The incumbent elected officer, prior to reimbursement,
provides the treasurer of the committee with a dated receipt and a
written description of each expenditure.

(3) Reimbursement is paid within 90 days of the expenditure,
in the case of a cash expenditure, or within 90 days of the end of
the billing period in which it was included, in the case of an
expenditure charged to a credit card or charge account.

begin delete

(c) When the elected officer’s controlled committee is notified
that expenditures totaling one hundred dollars ($100) or more in
a fiscal year have been made by the incumbent elected officer, the
committee shall report, pursuant to subdivision (k) of Section
84211, the expenditures on the campaign statement for the period
in which the expenditures were made and the reimbursements on
the campaign statement for the period in which the reimbursements
were made.

end delete begin delete end delete begin delete

(d)

end delete

begin insert (c) end insert  If reimbursement is not paid within the time authorized by
this section, the expenditure shall be reported on the campaign
statement as a nonmonetary contribution received on the 90th day
after the expenditure is paid, in the case of a cash expenditure, or
within 90 days of the end of the billing period in which it was
included, in the case of an expenditure charged to a credit card or
charge account.

begin delete

(e)

end delete

begin insert (d) end insert  This section shall not be construed to authorize an
incumbent elected officer to make expenditures from any campaign
bank account for expenses other than those expenses associated
with his or her election to the specific office for which the account
was established and expenses associated with holding that office.

SEC. 60.  

Section 89512.5 of the Government Code is amended
to read:

89512.5.  

(a) Subject to the provisions of subdivision (b), any
expenditure by a committee not subject to the trust imposed by
begin delete subdivision (b) of end delete Section 89510 shall be reasonably related to a
political, legislative, or governmental purpose of the committee.

(b) Any expenditure by a committee that confers a substantial
personal benefit on any individual or individuals with authority to
approve the expenditure of campaign funds held by the committee,
shall be directly related to a political, legislative, or governmental
purpose of the committee.

SEC. 61.  

Section 89513 of the Government Code is amended
to read:

89513.  

This section governs the use of campaign funds for the
specific expenditures set forth in this section. It is the intent of the
Legislature that this section shall guide the interpretation of the
standard imposed by Section 89512 as applied to other expenditures
not specifically set forth in this section.

(a) (1) Campaign funds shall not be used to pay or reimburse
the candidate, the elected officer, or any individual or individuals
with authority to approve the expenditure of campaign funds held
by a committee, or employees or staff of the committee or the
elected officer’s governmental agency for travel expenses and
necessary accommodations except when these expenditures are
directly related to a political, legislative, or governmental purpose.

(2) For the purposes of this section, payments or reimbursements
for travel and necessary accommodations shall be considered as
directly related to a political, legislative, or governmental purpose
if the payments would meet standards similar to the standards of
the Internal Revenue Service pursuant to Sections 162 and 274 of
the Internal Revenue Code for deductions of travel expenses under
the federal income tax law.

(3) For the purposes of this section, payments or reimbursement
for travel by the household of a candidate or elected officer when
traveling to the same destination in order to accompany the
candidate or elected officer shall be considered for the same
purpose as the candidate’s or elected officer’s travel.

begin delete

(4) Whenever campaign funds are used to pay or reimburse a
candidate, elected officer, his or her representative, or a member
of the candidate’s household for travel expenses and necessary
accommodations, the expenditure shall be reported as required by
Section 84211.

end delete begin delete end delete begin delete

(5)

end delete

begin insert (4) end insert  Whenever campaign funds are used to pay or reimburse for
travel expenses and necessary accommodations, any mileage credit
that is earned or awarded pursuant to an airline bonus mileage
program shall be deemed personally earned by or awarded to the
individual traveler. Neither the earning or awarding of mileage
credit, nor the redeeming of credit for actual travel, shall be subject
to reporting begin delete pursuant to Section 84211 end delete .

(b) (1) Campaign funds shall not be used to pay for or reimburse
the cost of professional services unless the services are directly
related to a political, legislative, or governmental purpose.

(2) Expenditures by a committee to pay for professional services
reasonably required by the committee to assist it in the performance
of its administrative functions are directly related to a political,
legislative, or governmental purpose.

(3) Campaign funds shall not be used to pay health-related
expenses for a candidate, elected officer, or any individual or
individuals with authority to approve the expenditure of campaign
funds held by a committee, or members of his or her household.
“Health-related expenses” includes, but is not limited to,
examinations by physicians, dentists, psychiatrists, psychologists,
or counselors, expenses for medications, treatments begin insert , end insert or medical
equipment, and expenses for hospitalization, health club dues, and
special dietary foods. However, campaign funds may be used to
pay employer costs of health care benefits of a bona fide employee
or independent contractor of the committee.

(c) Campaign funds shall not be used to pay or reimburse fines,
penalties, judgments, or settlements, except those resulting from
either of the following:

(1) Parking citations incurred in the performance of an activity
that was directly related to a political, legislative, or governmental
purpose.

(2) Any other action for which payment of attorney’s fees from
contributions would be permitted pursuant to this title.

(d) Campaign funds shall not be used for campaign, business,
or casual clothing begin insert , end insert except specialty clothing that is not suitable for
everyday use, including, but not limited to, formal wear, if this
attire is to be worn by the candidate or elected officer and is directly
related to a political, legislative, or governmental purpose.

(e) (1) Except where otherwise prohibited by law, campaign
funds may be used to purchase or reimburse for the costs of
purchase of tickets to political fundraising events for the attendance
of a candidate, elected officer, or his or her immediate family, or
an officer, director, employee, or staff of the committee or the
elected officer’s governmental agency.

(2) Campaign funds shall not be used to pay for or reimburse
for the costs of tickets for entertainment or sporting events for the
candidate, elected officer, or members of his or her immediate
family, or an officer, director, employee, or staff of the committee,
unless their attendance at the event is directly related to a political,
legislative, or governmental purpose.

(3) The purchase of tickets for entertainment or sporting events
for the benefit of persons other than the candidate, elected officer,
or his or her immediate family are governed by subdivision (f).

(f) (1) Campaign funds shall not be used to make personal gifts
unless the gift is directly related to a political, legislative, or
governmental purpose. The refund of a campaign contribution
does not constitute the making of a gift.

(2) Nothing in this section shall prohibit the use of campaign
funds to reimburse or otherwise compensate a public employee
for services rendered to a candidate or committee while on
vacation, leave, or otherwise outside of compensated public time.

(3) An election victory celebration or similar campaign event,
or gifts with a total cumulative value of less than two hundred fifty
dollars ($250) in a single year made to an individual employee, a
committee worker, or an employee of the elected officer’s agency,
are considered to be directly related to a political, legislative, or
governmental purpose. For purposes of this paragraph, a gift to a
member of a person’s immediate family shall be deemed to be a
gift to that person.

(g) Campaign funds shall not be used to make loans other than
to organizations pursuant to Section 89515, or, unless otherwise
prohibited, to a candidate for elective office, political party, or
committee.

SEC. 62.  

Section 90002 of the Government Code is amended
to read:

90002.  

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

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

(c) No audit or investigation of any candidate, controlled
committee, or committee primarily supporting or opposing a
candidate or a measure in connection with a report or statement
required by Chapter 4 begin delete of this title end delete begin insert (commencing with Section
84100) end insert , shall begin until after the last date for filing the first report
or statement following the general, runoff begin insert , end insert or special election for
the office for which the candidate ran, or following the election at
which the measure was adopted or defeated, except that audits and
investigations of statewide candidates, their controlled committees,
and committees primarily supporting or opposing those statewide
candidates who were defeated in the primary election and who are
not required to file statements for the general election may begin
after the last date for filing the first report or statement following
the primary election. When the campaign statements or reports of
a candidate, controlled committee, or a committee primarily
supporting or opposing a candidate are audited and investigated
pursuant to Section 90001, the audit and investigation shall cover
all campaign statements and reports filed for the primary and
general or special or runoff elections and any previous campaign
statement or report filed pursuant to Section 84200 begin delete or 84200.5 end delete
since the last election for that office, but shall exclude any
statements or reports which have previously been audited pursuant
to Section 90001 or 90003. When the campaign statements or
reports of a committee primarily supporting or opposing a measure
are audited and investigated, the audit and investigation shall cover
all campaign statements and reports from the beginning date of
the first campaign statement filed by the committee in connection
with the measure. For all other committees, the audit and
investigation shall cover all campaign statements filed during the
previous two calendar years.

SEC. 63.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII  B of the California Constitution because
the duties imposed on a local agency or school district by this act
were expressly included in a ballot measure approved by the voters
in a statewide election, within the meaning of Section 17556 of
the Government Code.

SEC. 64.  

The Secretary of State shall, pursuant to subdivision
(b) of Section 81012 of the Government Code, submit Sections 3
to 62, inclusive, of this act to the voters for approval at a statewide
election in accordance with Section 9040 of the Elections Code.

SEC. 65.  

Sections 1 and 2 of this act shall not become operative
unless and until the voters approve the amendments to the Political
Reform Act of 1974 (Title 9 (commencing with Section 81000)
of the Government Code) made by Sections 3 to 62, inclusive, of
this act, at the statewide election described in Section 64.