BILL NUMBER: AB 1430 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 9, 2007
INTRODUCED BY Assembly Member Garrick
FEBRUARY 23, 2007
An act to amend Sections 85312 and 85703
Section 85703 of the Government Code, relating to the Political
Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 1430, as amended, Garrick. Political Reform Act of 1974:
contribution limitations.
Existing law provides that, for the purposes of contribution
limits imposed by the Political Reform Act of 1974, payments for
communications to an organization's members, employees, shareholders,
or their family members, to support or oppose a candidate or ballot
measure are not contributions or expenditures if not made for general
public advertisements, such as broadcasting, billboards, or
newspaper ads. However, existing law requires that payments by a
political party for communications to registered party members that
would otherwise qualify as contributions or expenditures be reported
in accordance with provisions governing the filing of periodic
campaign reports, and governing the filing of reports online or
electronically with the Secretary of State.
This bill would provide that payments by a political party for
communications to its members includes all costs associated with
those communications, including indirect costs, including, but not
limited to, polling costs.
Existing law provides that the Political Reform Act does not
nullify contribution limitations or prohibitions of any local
jurisdiction that apply to elections for local elective office,
except the limitations and prohibitions may not conflict with these
provisions regulating payments for communications.
This bill would prohibit a local jurisdiction from
imposing additional restrictions or limitations on these
communications that are not found in the provisions regulating
payments for communications provide that certain
restrictions and limitations by a local jurisdiction on payments for
a member communication, as defined, would conflict with these
provisions and would be proh ibited .
The Political Reform Act of 1974, an initiative measure, provides
that the Legislature may amend the act to further the act's purposes
upon a 2/3 vote of each house and compliance with specified
procedural requirements.
This bill would declare that it furthers the purposes of the act.
Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 85703 of the
Government Code is amended to read:
85703. (a) Nothing in this act shall
nullify contribution limitations or prohibitions of any local
jurisdiction that apply to elections for local elective office,
except that these limitations and prohibitions may not conflict with
the provisions of Section 85312.
(b) Limitations and prohibitions imposed by a local jurisdiction
on payments for a member communication, as defined in subdivision
(c), that conflict with Section 85312 and which are thereby
prohibited by subdivision (a) include, but are not limited to, any of
the following:
(1) Source restrictions on payments for member communications that
are not expressly made applicable to member communications by a
state statute.
(2) Limitations on payments to a political party committee for a
member communication that are not expressly made applicable to member
communications by a state statute.
(3) Limitations on the scope of payments considered directly or
indirectly related to the making of a member communication, including
costs associated with the formulation, design, production, and
distribution of the communication such as surveys, list acquisition,
and consulting fees that are not expressly made applicable to member
communications by a state statute.
(c) For purposes of this section, "member communication" means a
communication, within the meaning of Section 85312, to members,
employees, shareholders, or families of members, employees, or
shareholders of an organization, including a communication by a
political party to its members who are registered with that party.
SECTION 1. Section 85312 of the Government Code
is amended to read:
85312. (a) For purposes of this title, payments for
communications to members, employees, shareholders, or families of
members, employees, or shareholders of an organization for the
purpose of supporting or opposing a candidate or a ballot measure are
not contributions or expenditures, if those payments are not made
for general public advertising such as broadcasting, billboards, and
newspaper advertisements. However, payments made by a political party
for communications to its members who are registered with that party
that would otherwise qualify as contributions or expenditures shall
be reported in accordance with Article 2 (commencing with Section
84200) of Chapter 4, and Chapter 4.6 (commencing with Section 84600),
of this title.
(b) For purposes of this section, "payments made by a political
party for communications" includes all costs associated with those
communications, including indirect costs, including, but not limited
to, polling costs.
SEC. 2. Section 85703 of the Government Code is
amended to read:
85703. Nothing in this act shall nullify contribution limitations
or prohibitions of any local jurisdiction that apply to elections
for local elective office, except that these limitations and
prohibitions may not conflict with the provisions of Section 85312
nor may local jurisdictions impose additional restrictions or
limitations on communications subject to Section 85312 if they are
not found in Section 85312.
SEC. 3. SEC. 2. The Legislature
finds and declares that this bill furthers the purposes of the
Political Reform Act of 1974 within the meaning of subdivision (a) of
Section 81012 of the Government Code.