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
          
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          |Version: May 18, 2016           |Policy Vote: E. & C.A. 5 - 0    |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: August 1, 2016    |Consultant: Robert Ingenito     |
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          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  







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          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  








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          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. 









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                 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.


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