BILL NUMBER: AB 1391	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Leno

                        FEBRUARY 22, 2005

   An act to amend Sections 82027.5 and 82048.7 of the Government
Code, relating to the Political Reform Act of 1974.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1391, as introduced, Leno.   Campaign disclosure
    (1) Existing law defines a general purpose committee as a
committee established pursuant to specified statutes and that is
formed or exists primarily to support or oppose more than one
candidate or ballot measure. Existing law further defines a state
general purpose committee as a committee to support or oppose
candidates voted on in a state election, a county general purpose
committee as a committee to support or oppose candidates or measures
voted on in only one county, and city general purpose committee as a
committee to support or oppose candidates voted on in only one city.

   This bill would instead define a state general purpose committee
as a committee that is not a county or city general purpose
committee, or a committee that makes expenditures to support or
oppose candidates or measures voted on in a state election, or in
more than one county, including contributions to state general
purpose committees, which total more than 50 percent of the
contributions and independent expenditures made by the committee.
   The bill would instead define a county general purpose committee
as a committee whose expenditures to support or oppose candidates or
measures voted on in only one county or more than one jurisdiction
within one county, including contributions to county general purpose
committees in the same county, total more than 50 percent of the
contributions and independent expenditures made by the committee.
   The bill would instead define a city general purpose committee as
a committee whose expenditures to support or oppose candidates or
measures voted on in only one city or in one consolidated city and
county, including contributions to county general purpose committees
in the same city or the same consolidated city and county, total more
than 50 percent of the contributions and independent expenditures
made by the committee.
   This bill would make other technical changes to existing law.
   (2) Existing law makes a violation of the act subject to
administrative, civil, and criminal penalties.
   This bill would impose a state-mandated local program by imposing
these penalties on persons who violate the provisions of this bill.
   (3)
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   (4) The Political Reform Act of 1974, an initiative measure,
provides that the Legislature may amend the act to further the act's
purposes with a 2/3 vote of each house and compliance with specified
procedural requirements.
   This bill, which would declare that it furthers the purposes of
the act, would therefore require a 2/3 vote.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 82027.5 of the  Government Code  is amended to
read:
   82027.5.  (a) "General purpose committee" means all committees
pursuant to subdivision (b) or (c) of Section 82013, and any
committee pursuant to subdivision (a) of Section 82013 which is
formed or exists primarily to support or oppose more than one
candidate or ballot measure, except as provided in Section 82047.5.
(b) A "state general purpose committee" is a   political
party committee, as defined in Section 85205, or a committee
  committee that meets one of the following
requirements: 
    (1)   Is not a county general purpose committee, as
defined in subdivision (c), or a city general purpose committee, as
defined in subdivision (d). 
    (2) Make expenditures  to support or oppose candidates
or measures voted on in a state election, or in more than one county
 , including making contributions to state general purpose
committees that total more than 50 percent of the contributions and
independent expenditures made by the committee  .
   (c) A "county general purpose committee" is a committee  whose
expenditures  to support or oppose candidates or measures voted
on in only one county, or in more than one jurisdiction within one
county  , including contributions to county general purpose
committees in the same county that total more than 50 percent of the
contributions and independent expenditures made by the committee
 .
   (d) A "city general purpose committee" is a committee to support
or oppose candidates or measures voted on in only one city  , or
in one consolidated city and county, including contributions to city
general purpose committees in the same city or the same consolidated
city and county that total more than 50 percent of the contributions
and independent expenditures made by t   he committee 
.  
   (e) For purposes of calculating the percentage set out in
subdivisions (b) to (d), inclusive, contributions and expenditures
made to support or oppose candidates, measures, or committees during
the current calendar year and the previous calendar year will be
counted. The percentage will be calculate at the end of each campaign
statement. A committee, as defined in Section 82013, is not required
to count contributions or expenditures made during a prior calendar
year in which the committee was not required to file campaign
statements. 
  SEC. 2.  Section 82048.7 of the  Government Code  is amended to
read:
   82048.7.  (a) "Sponsored committee" means a committee, other than
a candidate controlled committee, which has one or more sponsors. Any
person, except a candidate or other individual, may sponsor a
committee. (b) A person sponsors a committee if any of the following
apply:
   (1) The committee receives 80 percent or more of its contributions
from the person or its members, officers, employees, or
shareholders.
   (2) The person collects contributions for the committee by use of
payroll deductions or dues from its members, officers, or employees.

   (3) The person  ,  alone or in combination with other
organizations, provides all or nearly all of the administrative
services for the committee.
   (4) The person, alone or in combination with other organizations,
sets the policies for soliciting contributions or making expenditures
of committee funds.
  SEC. 3.
  No reimbursement is required by this act pursuant to Section 6 of
Article XIII B of the California Constitution because the only costs
that may be incurred by a local agency or school district will be
incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.
  SEC. 4.   The Legislature finds and declares that the provisions of
this act further the purposes of the Political Reform Act of 1974
within the meaning of subdivision (a) of Section 81012 of the
Government Code.