California Legislature—2015–16 Regular Session

Assembly BillNo. 1697


Introduced by Assembly Member Bonilla

January 21, 2016


An act to amend Section 85309 of the Government Code, relating to the Political Reform Act of 1974, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 1697, as introduced, Bonilla. 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, and a committee that makes an expenditure in support of or opposition to candidates for elective state office or state ballot measures, to file a report with the Secretary of State disclosing the receipt of a contribution of $1,000 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 $1,000 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 23 vote of each house and compliance with specified procedural requirements.

This bill would declare that it furthers the purposes of the act.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P2    1

SECTION 1.  

Section 85309 of the Government Code is
2amended to read:

3

85309.  

(a) In addition to any other report required by this title,
4begin insert ifend insert a candidate for elective statebegin delete officeend deletebegin delete whoend deletebegin insert office, or a committee
5that makes an expenditure in support of or opposition to one or
6more candidates for elective state office or state ballot measures,end insert

7 is required to file reports pursuant to Sectionbegin delete 84605end deletebegin insert 84605, that
8candidate or committeeend insert
shall file online or electronically with the
9Secretary of State a report disclosing receipt of a contribution of
10one thousand dollars ($1,000) orbegin delete more received during an election
11cycle.end delete
begin insert more.end insert Those reports shall disclose the same information
12required by subdivision (a) of Sectionbegin delete 84203 andend deletebegin insert 84203. A report
13of a contribution received during an election cycleend insert
shall be filed
14within 24 hours of receipt of the contribution.begin insert A report of a
P3    1contribution received at any time other than during an election
2cycle shall be filed within five business days of receipt of the
3contribution.end insert

4(b) In addition to any other report required by this title, any
5committee primarily formed to support or oppose one or more
6state ballot measures that is required to file reports pursuant to
7Section 84605 shall file online or electronically with the Secretary
8of State a report disclosing receipt of a contribution of one thousand
9dollars ($1,000) orbegin delete more received during an election cycle.end deletebegin insert more.end insert
10 Those reports shall disclose the same information required by
11subdivision (a) of Sectionbegin delete 84203 andend deletebegin insert 84203. A report of a
12contribution received during an election cycleend insert
shall be filed within
1324 hours of receipt of the contribution.begin insert A report of a contribution
14received at any time other than during an election cycle shall be
15filed within five business days of receipt of the contribution.end insert

begin delete end deletebegin delete

16(c) In addition to any other report required by this title, a
17candidate for elective state office who is required to file reports
18pursuant to Section 84605 shall file online or electronically with
19the Secretary of State a report disclosing receipt of a contribution
20of five thousand dollars ($5,000) or more received at any time
21other than during an election cycle. Those reports shall disclose
22the same information required by subdivision (a) of Section 84203
23and shall be filed within 10 business days of receipt of the
24contribution.

end delete
begin delete end deletebegin delete end deletebegin delete

25(d) In addition to any other report required by this title, a
26committee primarily formed to support or oppose a state ballot
27measure that is required to file reports pursuant to Section 84605
28shall file online or electronically with the Secretary of State a report
29disclosing receipt of a contribution of five thousand dollars
30($5,000) or more received at any time other than during an election
31cycle. Those reports shall disclose the same information required
32by subdivision (a) of Section 84203 and shall be filed within 10
33business days of receipt of the contribution.

end delete
begin delete end delete
34

SEC. 2.  

No reimbursement is required by this act pursuant to
35Section 6 of Article XIII B of the California Constitution because
36the only costs that may be incurred by a local agency or school
37district will be incurred because this act creates a new crime or
38infraction, eliminates a crime or infraction, or changes the penalty
39for a crime or infraction, within the meaning of Section 17556 of
40the Government Code, or changes the definition of a crime within
P4    1the meaning of Section 6 of Article XIII B of the California
2Constitution.

3

SEC. 3.  

The Legislature finds and declares that this bill furthers
4the purposes of the Political Reform Act of 1974 within the
5meaning of subdivision (a) of Section 81012 of the Government
6Code.

7

SEC. 4.  

This act is an urgency statute necessary for the
8immediate preservation of the public peace, health, or safety within
9the meaning of Article IV of the Constitution and shall go into
10immediate effect. The facts constituting the necessity are:

11In order to protect the interests of Californians who are
12empowered with the right to vote, it is appropriate that they be
13duly informed regarding campaign contributions and expenditures
14that affect elections. The need for greater transparency of campaign
15contribution reports is vital to the interests of the State such that
16this act must take effect immediately.



O

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