BILL NUMBER: AB 1391 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 26, 2006
AMENDED IN SENATE AUGUST 18, 2005
AMENDED IN ASSEMBLY MARCH 29, 2005
INTRODUCED BY Assembly Member Leno
FEBRUARY 22, 2005
An act to amend Sections 82027, 82027.5, 82048.7,
87207 and 89517 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: use of campaign funds.
(1) Existing provisions of the Political Reform Act of 1974
require public officials and designated employees of public agencies
to file annually a written statement of the economic interests they
possess during specified periods. The act requires that when the
filer's income is required to be reported, the statement include
whether the aggregate value of income from each source was at least
$500 but did not exceed $1,000, whether it was in excess of $1,000
but not greater than $10,000, whether it was greater than $10,000 but
not greater than $100,000, or whether it was greater than $100,000.
The bill would , with respect to income in excess of
$100,000, require these filers to specify income in increments
of $10,000 to $100,000; more than $100,000 to
$250,000; more than $250,000 to $500,000; more than $500,000 to
$1,000,000; more than $1,000,000 to $2,000,000; or more than
$2,000,000.
(2) Existing provisions of the act define 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. The act further defines a state
general purpose committee as a committee to support or oppose
candidates voted on in a state election or in more than one county.
This bill would instead exclude from the definition of a state
general purpose committee a committee that is not a county or city
general purpose committee, and limit 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, that total more
than 50% of the contributions and independent expenditures made by
the committee.
(3) Existing provisions of the act define 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.
This bill would instead limit the definition of a county general
purpose committee to a committee 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% of the contributions and independent expenditures made by
the committee.
Existing provisions of the act define a city general purpose
committee as a committee to support or oppose candidates voted on in
only one city.
This bill would instead limit the definition of a city general
purpose committee to 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 county
general purpose committees in the same city or the same consolidated
city and county, that total more than 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.
(4)
(2) Existing provisions of the act prohibit the use of
campaign funds to pay or reimburse for the lease or purchase of real
property, or the purchase, lease, or refurbishment of any appliance
or equipment leased or owned by a candidate, officer, or other
specified person.
This bill would expand that prohibition to include property where
the legal title resides in whole or in part in any person in which an
interest of 10 percent or more is held by a candidate, elected
officer or other specified person.
(5)
(3 ) Existing provisions of the act make 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.
(6)
(4) 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.
(7)
(5 ) 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 87207 of the Government Code is amended to
read:
87207. (a) When income is required to be reported under this
article, the statement shall contain, except as provided in
subdivision (b):
(1) The name and address of each source of income aggregating five
hundred dollars ($500) or more in value, or fifty dollars ($50) or
more in value if the income was a gift, and a general description of
the business activity, if any, of each source.
(2) A statement whether the aggregate value of income from each
source, or in the case of a loan, the highest amount owed to each
source, was at least five hundred dollars ($500) but did not exceed
one thousand dollars ($1,000), whether it was in excess of one
thousand dollars ($1,000) but was not greater than ten thousand
dollars ($10,000), whether it was greater than ten thousand dollars
($10,000) but not greater than one hundred thousand dollars
($100,000), whether it was greater than one hundred thousand dollars
($100,000)but not greater than two hundred fifty thousand dollars
($250,000), whether it was greater than two hundred fifty thousand
dollars ($250,000) but not greater than five hundred thousand dollars
($500,000), whether it was greater than five hundred thousand
dollars ($500,000) but not greater than one million dollars
($1,000,000), whether it was greater than one million dollars
($1,000,000) but not greater than two million dollars ($2,000,000),
or whether it was greater than two million dollars ($2,000,000).
(3) A description of the consideration, if any, for which the
income was received.
(4) In the case of a gift, the amount and the date on which the
gift was received.
(5) In the case of a loan, the annual interest rate, the security,
if any, given for the loan, and the term of the loan.
(b) When the filer's pro rata share of income to a business
entity, including income to a sole proprietorship, is required to be
reported under this article, the statement shall contain:
(1) The name, address, and a general description of the business
activity of the business entity.
(2) The name of every person from whom the business entity
received payments if the filer's pro rata share of gross receipts
from that person was equal to or greater than ten thousand dollars
($10,000) during a calendar year.
(c) When a payment, including an advance or reimbursement, for
travel is required to be reported pursuant to this section, it may be
reported on a separate travel reimbursement schedule which shall be
included in the filer's statement of economic interest. A filer who
chooses not to use the travel schedule shall disclose payments for
travel as a gift, unless it is clear from all surrounding
circumstances that the services provided were equal to or greater in
value than the payments for the travel, in which case the travel may
be reported as income.
SEC. 2. 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) 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 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 shall be
counted. The percentage shall be 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. 3. 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. 4. SEC. 2. Section 89517 of the
Government Code is amended to read:
89517. (a) Campaign funds shall not be used for payment or
reimbursement for the lease of real property or for the purchase,
lease, or refurbishment of any appliance or equipment, where the
lessee or sublessor is, the legal title resides in whole or in part
in, or the legal title resides in whole or in part in any person in
which an interest of 10 percent or more is held by, a candidate,
elected officer, campaign treasurer, or any individual or individuals
with authority to approve the expenditure of campaign funds, or
member of his or her immediate family.
(b) Campaign funds shall not be used to purchase real property.
Except as prohibited by subdivision (a), campaign funds may be used
to lease real property for up to one year at a time where the use of
that property is directly related to political, legislative, or
governmental purposes.
(c) For the purposes of this section, real property, appliance, or
equipment is considered to be directly related to a political,
legislative, or governmental purpose as long as its use for other
purposes is only incidental to its use for political, legislative, or
governmental purposes.
SEC. 5. 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. 6. 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.