BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 2318 (Low) - Political Reform Act of 1974: Fair Political Practices Commission: enforcement: use of public resources ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: May 18, 2016 |Policy Vote: E. & C.A. 5 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 1, 2016 |Consultant: Robert Ingenito | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 2318 would shift jurisdiction over specified state laws that restrict nonprofit organizations from using certain resources for campaign purposes and that require specified nonprofit organizations to disclose the sources of funds used for campaign activity. Fiscal Impact: The Fair Political Practices Commission (FPPC) indicates that it would incur first-year costs of $330,000, and ongoing annual costs of $309,000 to implement the provisions of the bill (General Fund). Background: SB 594 (Hill, Chapter 773, Statutes of 2013), was enacted in response to concerns that public resources were being used AB 2318 (Low) Page 1 of ? indirectly for campaign purposes. Specifically, the author of SB 594 expressed concern about the possibility that revenues from a Joint Powers Authority (JPA) that provides tax-exempt bond financing were being used for campaign purposes. The author of SB 594 argued that because the JPA is a public entity, and because the bonds it issues are tax exempt, any profits earned as a result of bond sales belong to the taxpayers, and should not be used for campaign purposes. SB 594 contained three key provisions. First, even though California law already contained strict prohibitions against the use of public resources for campaign activity, the bill expanded the provisions by providing that funds received by a nonprofit organization that were generated from activities related to conduit bond financing were considered public resources "whether or not those funds [were] received by the nonprofit in exchange for consideration for goods or services." Accordingly, SB 594 prohibited funds generated from conduit bond financing from being used for campaign purposes. This bill would give FPPC the authority to enforce that provision and codifies it within the PRA, but otherwise generally does not change the restriction on the use of resources derived from conduit bond financing. Additionally, SB 594 also contained two provisions that were targeted at nonprofit organizations that receive more than 20 percent 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 multipurpose organizations (MPOs), as defined, 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 AB 2318 (Low) Page 2 of ? and, as a result, nonprofit organizations can be required to comply with the requirements of both bills under certain circumstances. This bill would change the reporting requirements of SB 594 so that the same rules and standards generally apply as to reports filed pursuant to SB 27. Additionally, this bill moves the reporting and 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. Proposed Law: This bill would do all of the following: Allow FPPC to enforce the state law that prohibits a nonprofit organization, as defined, or an officer, employee, or agent of such an organization, from using public resources that are received from a local agency, as specified, for campaign activity not authorized by law, (2) provide that enforcement by the FPPC may be brought as a civil action or through an administrative action, (3) eliminate the potential for enforcement by city attorneys or by any district attorney other than the district attorney of the county in which the organization is domiciled, and (4) recodify this law so that it is part of the PRA. Allow FPPC to enforce the state law that requires a nonprofit organization that receives more than 20 percent of its revenues from one or more local agencies to use a separate bank account for campaign activity and to publicly report campaign activity, including disclosing the sources of funds used for that activity, if certain thresholds are met. The bill would (1) transfers the responsibility for administering this law from the FTB to the FPPC, (2) conform this law to another law within the PRA that regulates political spending by specified nonprofit organizations, and (3) recodifies this law so that it is part of the PRA. AB 2318 (Low) Page 3 of ? Require disclosures made under this law to be made in the same manner as reports filed by MPOs that are subject to another provision of the PRA that establishes the conditions under which MPOs are required to disclose their donors. Transfer the following responsibilities under this law from the FTB to the FPPC: (1) deciding whether to require an audit of reports filed by nonprofit organizations, and (2) determining, as part of an audit or at the conclusion of an audit, whether a nonprofit organization has complied with specified provisions of state law. Staff Comments: FPPC indicates annual costs of about $330,000 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. FPPC would also have to draft regulations and conduct audits. -- END --