BILL NUMBER: AB 2623 INTRODUCED
BILL TEXT
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 2/3 vote of each house and compliance with specified
procedural requirements.
This bill would declare that it furthers the purposes of the act.
Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 82016 of the Government Code is amended to
read:
82016. (a) "Controlled committee" means a committee that is
controlled controlled, directly or
indirectly 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. A candidate or state measure proponent
controls a committee if he or she, his or her agent, or any other
committee he or she controls has a significant influence on the
actions or decisions of the committee.
(b) Notwithstanding subdivision (a), a political party committee,
as defined in Section 85205, is not a controlled committee.
(c) For purposes of subdivision (a), a committee is presumed to be
significantly influenced by a candidate, his or her agent, or
another committee he or she controls if any of the following are
satisfied:
(1) The candidate, or his or her agent, is a voting member of the
committee's governing body.
(2) The candidate, or his or her agent, is involved in the
decisionmaking of the committee, or the development or implementation
of the committee's campaign strategy.
(3) The candidate, or his or her agent, is substantially involved
in directing the day-to-day operations of the committee.
SEC. 2. The Legislature finds and declares that this bill furthers
the purposes of the Political Reform Act of 1974 within the meaning
of subdivision (a) of Section 81012 of the Government Code.