BILL ANALYSIS Ó AB 2318 Page 1 Date of Hearing: April 27, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2318 (Low) - As Amended March 28, 2016 ----------------------------------------------------------------- |Policy |Elections and Redistricting |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Judiciary | |10 - 0 | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: No SUMMARY: This bill shifts jurisdiction over enforcement of specified state laws-that restrict nonprofit organizations from using certain resources for campaign purposes and that require AB 2318 Page 2 specified nonprofit organizations to disclose the sources of funds used for campaign activity-from the Board of Equalization (BOE) to the Fair Political Practices Commission (FPPC). Specifically, this bill: 1)Authorizes the FPPC to enforce state law prohibiting a nonprofit organization, as defined, or an officer, employee, or agent of such an organization, from using public resources that are received from any local agency, as specified, for any campaign activity not authorized by law. 2)Allows the FPPC, rather than the BOE, to enforce state law requiring a nonprofit organization that receives more than 20% of its revenues from one or more local agencies to use a separate bank account for all campaign activity and to publicly report any campaign activity, including disclosing the sources of funds used for campaign activity, if certain thresholds are met. 3)Changes the types of nonprofit organizations that are subject to this law such that it is also applicable to multipurpose organizations (MPOs) currently subject to another disclosure provisions of the Political Reform Act (PRA). 4)Increases, from $250 to $1,000, the amount of funding that a nonprofit organization can receive from a single source before the nonprofit may be required to disclose the identity of that source on reports filed pursuant to current law. 5)Transfers from the FTB to the FPPC, with respect to the above provisions, the responsibilities for receiving reports filed by the nonprofit organizations and deciding whether to require an audit of those reports, and determining via the audit whether a nonprofit has complied with these provisions. AB 2318 Page 3 FISCAL EFFECT: The FPPC indicates annual GF costs of about $300,000 for three positions: legal, investigations, and program specialist. The Secretary of State is usually the filing officer for nearly all campaign related forms; under this bill, the FPPC would to accept, retain, and respond to disclosure requests for these paper filings and respond to advice requests from nonprofits uncertain whether they need to file pursuant to this bill. The commission will also have to draft regulations and conduct audits. The author is working with the commission on amendments to reduce costs. According to the FTB, since SB 594 (see below) went into effect on January 1, 2014, only two nonprofit organizations have filed reports in accordance with that bill, though it appears that those reports may have been filed in error, since neither organization reached the reporting thresholds. The low number of reports filed pursuant to SB 594 does not necessarily mean that nonprofit organizations are failing to comply with the provisions of the law, but instead may reflect the very narrow circumstances under which an organization is required to file a report. Although the sponsor contends more nonprofits will file pursuant to this bill over time, the FPPC's ongoing workload and costs may be minor. COMMENTS: 1)Purpose. According to the author, "This bill improves upon the existing accountability and transparency provisions by providing enforcement authority to the FPPC. The FPPC is the appropriate oversight body to promote and foster the public's trust in our state's political system. As such, AB 2318 is AB 2318 Page 4 necessary to streamline the disclosure and reporting rules, while also synchronizing their reporting threshold requirements in an effort to reduce redundancy and maximize transparency." 2)Background. SB 594 (Hill), Chapter 773, Statutes of 2013, was enacted in response to concerns that public resources were being used indirectly for campaign purposes. SB 594 contained provisions targeted at nonprofit organizations that receive more than 20% of their revenues from local agencies. One provision required those organizations-to the extent that they engage in campaign activity-to have a separate bank account for all campaign activities. The other provision required the nonprofit organizations to publicly report their campaign activities and the sources of their campaign funds if certain thresholds were met. Subsequent to the passage of SB 594, SB 27 (Correa), Chapter 16, Statutes of 2014, established conditions under which an MPO that makes campaign contributions or expenditures is required to disclose names of its donors. SB 27 was enacted in response to situations where nonprofit organizations made significant campaign contributions and expenditures, but were not required to disclose the source of their donors. Although SB 594 and SB 27 were intended to address two different situations, both bills regulate political activity by certain nonprofit organizations and, as a result, nonprofit organizations can be required to comply with the requirements of both bills under certain circumstances. This bill changes the reporting requirements of SB 594 so that the same rules and standards generally apply as to reports filed pursuant to SB 27. By establishing greater consistency in the reporting rules for nonprofit organizations, this bill should help streamline compliance and enforcement of these two laws. Additionally, this bill moves the reporting and AB 2318 Page 5 separate bank account rules from SB 594 into the PRA and gives the FPPC the authority to enforce and the responsibility to administer those rules. Analysis Prepared by:Chuck Nicol / APPR. / (916) 319-2081