BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2318


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          Date of Hearing:  April 27, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2318 (Low) - As Amended March 28, 2016


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          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  








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          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.








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          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  








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            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  








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            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