BILL NUMBER: AB 1697 INTRODUCED
BILL TEXT
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 2/3 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: 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, if a candidate for elective state office
who office, or a committee that
makes an expenditure in support of or opposition to one or
more candidates for elective state office or state ballot measures,
is required to file reports pursuant to Section 84605
84605, that candidate or committee 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.
more. Those reports shall disclose the same information
required by subdivision (a) of Section 84203 and
84203. A report of a contribution received during an election
cycle shall be filed within 24 hours of receipt of the
contribution. A report of a contribution received at any time
other than during an election cycle shall be filed within five
business days 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.
more. Those reports shall disclose the same
information required by subdivision (a) of Section 84203 and
84203. A report of a contribution received during an
election cycle shall be filed within 24 hours of receipt of the
contribution. A report of a contribution received at any time
other than during an election cycle shall be filed within five
business days 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.
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.
SEC. 4. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to protect the interests of Californians who are
empowered with the right to vote, it is appropriate that they be duly
informed regarding campaign contributions and expenditures that
affect elections. The need for greater transparency of campaign
contribution reports is vital to the interests of the State such that
this act must take effect immediately.