BILL NUMBER: SB 1102 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Padilla
FEBRUARY 19, 2014
An act to amend Section 85309 of the Government Code, relating to
the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
SB 1102, as introduced, Padilla. Political Reform Act of 1974:
contributions.
Existing law, the Political Reform Act of 1974, provides for the
comprehensive regulation of campaign financing, including requiring
the reporting of campaign contributions and expenditures and imposing
other reporting and recordkeeping requirements on campaign
committees. The act requires that a candidate for elective state
office or a committee primarily formed to support or oppose a state
ballot measure, if the candidate or committee has reportable
contributions or expenditures of $25,000 or more, file a report with
the Secretary of State disclosing the receipt of a contribution of
$1,000 or more during an election cycle, as defined, within 24 hours
of receiving the contribution. At times other than during the
election cycle, the act requires those candidates and committees to
file a report for contributions of $5,000 or more within 10 business
days of receipt of the contribution. Existing law makes a knowing or
willful violation of the Political Reform Act of 1974 a misdemeanor
and subjects offenders to criminal penalties.
This bill would modify these reporting requirements to instead
require the above-described candidates and committees to file a
report with the Secretary of State disclosing the receipt of a
contribution of $100 or more during an election cycle within 24 hours
of receipt of the contribution. At times other than during an
election cycle, the bill would require those candidates and
committees to file a report for contributions of $100 or more within
5 business days of receipt of the contribution. Because this bill
would expand the definition of an existing crime, it 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 Legislature may amend the act to further the act's purposes
upon a 2/3 vote of each house and compliance with specified
procedural requirements.
This bill would declare that it furthers the purposes of the act.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 85309 of the Government Code is amended to
read:
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 hundred
dollars ($1,000) ($100) 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 hundred dollars ($1,000)
($100) 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 one hundred dollars
($5,000) ($100) 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 five
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
one hundred dollars ($5,000)
($100) 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 five business days of receipt
of the contribution.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
SEC. 3. The Legislature finds and declares that this bill furthers
the purposes of the Political Reform Act of 1974 within the meaning
of subdivision (a) of Section 81012 of the Government Code.