BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                         SB 21


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       SENATE THIRD READING


       SB  
       21 (Hill)


       As Amended  August 26, 2015


       2/3 vote


       SENATE VOTE:  36-1


        ------------------------------------------------------------------ 
       |Committee       |Votes|Ayes                  |Noes                |
       |                |     |                      |                    |
       |                |     |                      |                    |
       |                |     |                      |                    |
       |----------------+-----+----------------------+--------------------|
       |Elections       |6-0  |Ridley-Thomas, Grove, |                    |
       |                |     |Gatto, Gordon,        |                    |
       |                |     |Mullin, Perea         |                    |
       |                |     |                      |                    |
       |----------------+-----+----------------------+--------------------|
       |Appropriations  |17-0 |Gomez, Bigelow,       |                    |
       |                |     |Bloom, Bonta,         |                    |
       |                |     |Calderon, Chang,      |                    |
       |                |     |Nazarian, Eggman,     |                    |
       |                |     |Gallagher, Eduardo    |                    |
       |                |     |Garcia, Holden,       |                    |
       |                |     |Jones, Quirk, Rendon, |                    |
       |                |     |Wagner, Weber, Wood   |                    |
       |                |     |                      |                    |
        ------------------------------------------------------------------ 










                                                                         SB 21


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       SUMMARY:  Requires specified nonprofit organizations that make  
       payments for travel by public officials to disclose the names of  
       certain donors.  Requires a public official who receives a gift of  
       travel to disclose the destination of the travel.  Specifically, this  
       bill:  


       1)Requires a tax exempt 501(c)(3) or 501(c)(4) nonprofit organization  
         to disclose the names of certain donors to the organization if both  
         of the following apply:


          a)   The organization makes payments, advances, or reimbursements  
            that total more than $10,000 in a calendar year, or that total  
            more than $5,000 in a calendar year for a single person, for  
            travel by an elected state or local officer related to a  
            legislative or governmental purpose, or to an issue of state,  
            national, or international public policy; and,


          b)   The sum of the organization's expenses that relate to elected  
            officials' travel, study tours, or conferences, conventions, or  
            meetings was greater than one-third of its total expenses  
            reflected on the organization's most recently filed Internal  
            Revenue Service Form 990.


       2)Requires an organization that meets the criteria in 1) above, to  
         disclose to the Fair Political Practices Commission (FPPC) the names  
         of those donors who did both of the following in the preceding  
         calendar year:


          a)   Donated at least $1,000 to the nonprofit organization; and,


          b)   Accompanied the elected official, either personally or through  
            a representative of the donor, for any portion of the travel.









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       3)Provides that this bill shall not preclude a finding that a  
         nonprofit organization is acting as an intermediary or agent of a  
         donor of a gift of travel.  Provides that if the nonprofit is acting  
         as an intermediary or agent, all of the following apply:
          a)   The donor to the nonprofit organization is the source of the  
            gift;
          b)   The donor shall be identified as a financial interest, as  
            specified;


          c)   The gift is required to be reported, as specified; and,


          d)   The gift is subject to the limitation on gifts, as specified.


       4)Requires a public official who receives a gift that is a travel  
         payment, advance, or reimbursement that must be disclosed on the  
         official's Statement of Economic Interests (SEI), to disclose the  
         travel destination on the SEI. 
       5)Contains double-jointing language to avoid chaptering problems with  
         AB 10 (Gatto) of the current legislative session.


       FISCAL EFFECT:  According to the Assembly Appropriations Committee,  
       the FPPC will incur one-time General Fund costs of $90,000 for  
       one-half position to develop the forms and procedures for implementing  
       the new reporting requirements.  Ongoing General Fund costs would be  
       around $170,000 for regulations, responding to advice requests,  
       monitoring filings, and enforcement.


       COMMENTS:  According to the author, "SB 21 increases transparency  
       within the Political Reform Act [PRA] by requiring non-profits that  
       pay for elected official travel to disclose to the FPPC the names of  
       the donors responsible for funding the travel.  Currently non-profits  
       do not have to disclose the source of travel funding preventing the  
       public from knowing who was behind the gift to the elected official.   








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       The bill would also require elected officials to disclose to the FPPC  
       the destination of the travel."


       Certain payments for travel related to a legislative or governmental  
       purpose, or to an issue of state, national, or international public  
       policy, are not subject to gift limits if the travel is:  1) in  
       connection with a speech given by the official, or 2) provided by a  
       government agency, a bona fide public or private educational  
       institution, as specified, or a nonprofit organization pursuant to  
       Section 501(c)(3) of the Internal Revenue Code or a similar foreign  
       organization. 


       While nonprofit organizations must submit some financial information  
       to the United States Internal Revenue Service and make it publicly  
       available, they are not generally required to publicly disclose the  
       identity of their donors.  As a result, nonprofit organizations that  
       provide payments for foreign and domestic travel for California public  
       officials are not required to publicly disclose this information, even  
       when donations are solicited for those purposes, as long as the  
       payments are not solicited for a specific recipient of the travel  
       payment.


       This bill is similar to portions of SB 831 (Hill) of 2014, which was  
       vetoed by Governor Brown.  In his veto message, the Governor wrote,  
       "The activities that are addressed by this bill are already subject to  
       extensive regulation, including robust disclosure requirements.  The  
       additional restrictions proposed by this bill would add more  
       complexity to the regulations governing elected officials, without  
       reducing undue influence."


       California voters passed an initiative, Proposition 9, in 1974 that  
       created the FPPC and codified significant restrictions and  
       prohibitions on candidates, officeholders and lobbyists.  That  
       initiative is commonly known as the PRA.  Amendments to the PRA that  
       are not submitted to the voters, such as those contained in this bill,  








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       must further the purposes of the initiative and require a two-thirds  
       vote of both houses of the Legislature.


       Please see the policy committee analysis for a full discussion of this  
       bill.




       Analysis Prepared by:                                            Ethan  
       Jones / E. & R. / (916) 319-2094  FN: 0001660