Senate Bill No. 921

Introduced by Senator Anderson

January 27, 2016

An act to amend Section 84211 of the Government Code, relating to the Political Reform Act of 1974.

LEGISLATIVE COUNSEL’S DIGEST

SB 921, as introduced, Anderson. Political Reform Act of 1974: campaign statements.

The Political Reform Act of 1974 generally requires elected officials, candidates for elective office, and committees formed primarily to support or oppose a candidate for public office or a ballot measure, along with other entities, to file periodic campaign statements. The act requires that these campaign statements contain prescribed information related to campaign contributions and expenditures of the filing entities.

This bill would correct an erroneous cross-reference in these provisions and would make other technical, nonsubstantive changes.

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

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

SECTION 1.  

Section 84211 of the Government Code is
amended to read:

84211.  

Each campaign statement required by this article shall
contain all of the following information:

(a) The total amount of contributions received during the period
covered by the campaign statement and the total cumulative amount
of contributions received.

(b) The total amount of expenditures made during the period
covered by the campaign statement and the total cumulative amount
of expenditures made.

(c) The total amount of contributions received during the period
covered by the campaign statement from persons who have given
a cumulative amount of one hundred dollars ($100) or more.

(d) The total amount of contributions received during the period
covered by the campaign statement from persons who have given
a cumulative amount of less than one hundred dollars ($100).

(e) The balance of cash and cash equivalents on hand at the
beginning and the end of the period covered by the campaign
statement.

(f) If the cumulative amount of begin delete contributions (including loans) end delete
begin insert contributions, including loans, end insert received from a person is one
hundred dollars ($100) or more and a contribution or loan has been
received from that person during the period covered by the
campaign statement, all of the following:

(1) His or her full name.

(2) His or her street address.

(3) His or her occupation.

(4) The name of his or her employer, or if self-employed, the
name of the business.

(5) The date and amount begin delete received for end delete begin insert of end insert each contribution
received during the period covered by the campaign statement begin delete and end delete
begin insert and, end insert if the contribution is a loan, the interest rate for the loan.

(6) The cumulative amount of contributions.

(g) If the cumulative amount of loans received from or made to
a person is one hundred dollars ($100) or more, and a loan has
been received from or made to a person during the period covered
by the campaign statement, or is outstanding during the period
covered by the campaign statement, all of the following:

(1) His or her full name.

(2) His or her street address.

(3) His or her occupation.

(4) The name of his or her employer, or if self-employed, the
name of the business.

(5) The original date and amount of each loan.

(6) The due date and interest rate of the loan.

(7) The cumulative payment made or received to date at the end
of the reporting period.

(8) The balance outstanding at the end of the reporting period.

(9) The cumulative amount of contributions.

(h) For each person, other than the filer, who is directly,
indirectly, or contingently liable for repayment of a loan received
or outstanding during the period covered by the campaign
statement, all of the following:

(1) His or her full name.

(2) His or her street address.

(3) His or her occupation.

(4) The name of his or her employer, or if self-employed, the
name of the business.

(5) The amount of his or her maximum liability outstanding.

(i) The total amount of expenditures made during the period
covered by the campaign statement to persons who have received
one hundred dollars ($100) or more.

(j) The total amount of expenditures made during the period
covered by the campaign statement to persons who have received
less than one hundred dollars ($100).

(k) For each person to whom an expenditure of one hundred
dollars ($100) or more has been made during the period covered
by the campaign statement, all of the following:

(1) His or her full name.

(2) His or her street address.

(3) The amount of each expenditure.

(4) A brief description of the consideration for which each
expenditure was made.

(5) In the case of an expenditure begin delete which end delete begin insert that end insert is a contribution to
a candidate, elected officer, or committee or an independent
expenditure to support or oppose a candidate or measure, in
addition to the information required in paragraphs (1) to begin delete (4) above, end delete
begin insert (4), inclusive, end insert the date of the contribution or independent
begin delete expenditure, end delete begin insert expenditure; end insert the cumulative amount of contributions
made to a candidate, elected officer, or committee, or the
cumulative amount of independent expenditures made relative to
a candidate or measure; the full name of the candidate, and the
office and district for which he or she seeks nomination or election,
or the number or letter of the measure; and the jurisdiction in which
the measure or candidate is voted upon.

(6) The information required in paragraphs (1) to (4), inclusive,
for each person, if different from the payee, who has provided
consideration for an expenditure of five hundred dollars ($500) or
more during the period covered by the campaign statement.

For purposes of subdivisions (i), (j), and (k) only, begin delete the terms end delete
“expenditure” or “expenditures” mean any individual payment or
accrued expense, unless it is clear from surrounding circumstances
that a series of payments or accrued expenses are for a single
service or product.

(l) In the case of a controlled committee, an official committee
of a political party, or an organization formed or existing primarily
for political purposes, the amount and source of any miscellaneous
receipt.

(m) If a committee is listed pursuant to subdivision (f), (g), (h),
(k), (l), or begin delete (q), end delete begin insert (p), end insert the number assigned to the committee by the
Secretary of State shall be listed, or if no number has been assigned,
the full name and street address of the treasurer of the committee.

(n) In a campaign statement filed by a candidate who is a
candidate in both a state primary and general election, his or her
controlled committee, or a committee primarily formed to support
or oppose such a candidate, the total amount of contributions
received and the total amount of expenditures made for the period
January 1 begin delete through end delete begin insert to end insert June 30 begin insert , inclusive, end insert and the total amount of
contributions received and expenditures made for the period July
1 begin delete through end delete begin insert to end insert December 31 begin insert , inclusive end insert .

(o) The full name, residential or business address, and telephone
number of the filer, or in the case of a campaign statement filed
by a committee defined by subdivision (a) of Section 82013, the
name, street address, and telephone number of the committee and
of the committee treasurer. In the case of a committee defined by
subdivision (b) or (c) of Section 82013, the name that the filer uses
on campaign statements shall be the name by which the filer is
identified for other legal purposes or any name by which the filer
is commonly known to the public.

(p) If the campaign statement is filed by a candidate, the name,
street address, and treasurer of any committee of which he or she
has knowledge which has received contributions or made
expenditures on behalf of his or her candidacy and whether the
committee is controlled by the candidate.

(q) A contribution need not be reported nor shall it be deemed
accepted if it is not cashed, negotiated, or deposited and is returned
to the contributor before the closing date of the campaign statement
on which the contribution would otherwise be reported.

(r) If a committee primarily formed for the qualification or
support of, or opposition to, an initiative or ballot measure is
required to report an expenditure to a business entity pursuant to
subdivision (k) and 50 percent or more of the business entity is
owned by a candidate or person controlling the committee, by an
officer or employee of the committee, or by a spouse of any of
these individuals, the committee’s campaign statement shall also
contain, in addition to the information required by subdivision (k),
that person’s name, the relationship of that person to the committee,
and a description of that person’s ownership interest or position
with the business entity.

(s) If a committee primarily formed for the qualification or
support of, or opposition to, an initiative or ballot measure is
required to report an expenditure to a business entity pursuant to
subdivision (k), and a candidate or person controlling the
committee, an officer or employee of the committee, or a spouse
of any of these individuals is an officer, partner, consultant, or
employee of the business entity, the committee’s campaign
statement shall also contain, in addition to the information required
by subdivision (k), that person’s name, the relationship of that
person to the committee, and a description of that person’s
ownership interest or position with the business entity.

(t) If the campaign statement is filed by a committee, as defined
in subdivision (b) or (c) of Section 82013, information sufficient
to identify the nature and interests of the filer, including:

(1) If the filer is an individual, the name and address of the
filer’s employer, if any, or his or her principal place of business
if the filer is self-employed, and a description of the business
activity in which the filer or his or her employer is engaged.

(2) If the filer is a business entity, a description of the business
activity in which it is engaged.

(3) If the filer is an industry, trade, or professional association,
a description of the industry, trade, or profession which it
represents, including a specific description of any portion or faction
of the industry, trade, or profession which the association
exclusively or primarily represents.

(4) If the filer is not an individual, business entity, or industry,
trade, or professional association, a statement of the person’s nature
and purposes, including a description of any industry, trade,
profession, or other group with a common economic interest which
the person principally represents or from which its membership
or financial support is principally derived.