BILL NUMBER: AB 1391 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2005
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 amended, Leno. Campaign disclosure : general
purpose committees .
(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 or in more than one county .
This bill would instead define exclude
from the definition of a state general purpose committee
as a committee that is not a county or city
general purpose committee, or and limi
t the definition to 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 that
total more than 50 percent 50% of
the contributions and independent expenditures made by the
committee.
Existing law defines a county general purpose committee as a
committee to support or oppose candidates or measures voted on in
only one county, or in more than one jurisdiction within the county.
The This bill would instead
define limit the definition of a county general
purpose committee as to a committee
whose that makes 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, that total more than 50 percent
50% of the contributions and independent expenditures
made by the committee.
Existing law defines a city general purpose committee as a
committee to support or oppose candidates voted on in only one city.
The This bill would instead
define limit the definition of a city general
purpose committee as to a committee
whose that makes 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, that total more than
50 percent 50% of the contributions and
independent expenditures made by the committee.
This bill would set forth the procedure for calculating the
percentage of contributions and independent expenditure made by a
committee, and 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 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 Makes 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 that makes 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 that
makes expenditures 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 the 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 shall be counted. The percentage
will shall be calculate
calculated at the end of each semiannual period in which
the committee is required to file a campaign statement. A
committee, as defined in subdivision (b) or (c) of 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.