California Legislature—2015–16 Regular Session

Assembly BillNo. 2623


Introduced by Assembly Member Gordon

February 19, 2016


An act to amend Section 82016 of the Government Code, relating to the Political Reform Act of 1974.

LEGISLATIVE COUNSEL’S DIGEST

AB 2623, as introduced, Gordon. Political Reform Act of 1974: controlled committees.

The Political Reform Act of 1974 defines various terms for purposes of the reporting and disclosure requirements of the act. The act defines a controlled committee as a committee that is controlled directly or indirectly by a candidate or state measure proponent or that acts jointly with a candidate, controlled committee, or state measure proponent in connection with the making of expenditures. The act provides that a candidate or state measure proponent controls a committee if he or she, or his or her agent, or any other committee he or she controls has a significant influence on the actions or decisions of the committee.

This bill would establish a presumption that a committee is significantly influenced by a candidate for purposes of these provisions if any of several specified factors are satisfied. The bill would also make technical, nonsubstantive changes to that provision.

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 23 vote of each house and compliance with specified procedural requirements.

This bill would declare that it furthers the purposes of the act.

Vote: 23. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 82016 of the Government Code is
2amended to read:

3

82016.  

(a) “Controlled committee” means a committee that
4isbegin delete controlledend deletebegin insert controlled,end insert directly orbegin delete indirectlyend deletebegin insert indirectly,end insert by a
5candidate or state measure proponent or that acts jointly with a
6candidate, controlled committee, or state measure proponent in
7connection with the making of expenditures. A candidate or state
8measure proponent controls a committee if he or she, his or her
9agent, or any other committee he or she controls has a significant
10influence on the actions or decisions of the committee.

11(b) Notwithstanding subdivision (a), a political party committee,
12as defined in Section 85205, is not a controlled committee.

begin insert

13(c) For purposes of subdivision (a), a committee is presumed
14to be significantly influenced by a candidate, his or her agent, or
15another committee he or she controls if any of the following are
16satisfied:

end insert
begin insert

17(1) The candidate, or his or her agent, is a voting member of
18the committee’s governing body.

end insert
begin insert

19(2) The candidate, or his or her agent, is involved in the
20decisionmaking of the committee, or the development or
21implementation of the committee’s campaign strategy.

end insert
begin insert

22(3) The candidate, or his or her agent, is substantially involved
23in directing the day-to-day operations of the committee.

end insert
24

SEC. 2.  

The Legislature finds and declares that this bill furthers
25the purposes of the Political Reform Act of 1974 within the
26meaning of subdivision (a) of Section 81012 of the Government
27Code.



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