BILL NUMBER: AB 1181 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Huber
FEBRUARY 27, 2009
An act to amend Sections 84203, 84204, and
84215, 84218, 84225, 84605 , 85200, 86100, 86107, and
86118 of the Government Code, relating to the Political Reform
Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 1181, as amended, Huber. Political Reform Act of 1974:
statements and reports.
(1) The Political Reform Act of 1974 requires a candidate or
committee that makes or receives a late contribution, or a committee
that makes a late independent expenditure, to report the contribution
or expenditure by specified means. The act requires the late
contribution or the late independent expenditure to be reported by
facsimile transmission, guaranteed overnight delivery, or personal
delivery within 24 hours of the time the contribution or independent
expenditure is made. The act also requires certain of these types of
contributions and expenditures to be reported online.
This bill would provide that if a late contribution or late
independent expenditure is required to be reported to the Secretary
of State, the report to the Secretary of State shall be by online or
electronic transmission only.
(2) The act requires that specified persons or entities
periodically file reports online or electronically with the Secretary
of State, including lobbyists, lobbying firms, lobbyist
employers, any general purpose committee that cumulatively has
received contributions or made expenditures totaling $50,000 or more,
and any slate mailer organization with cumulative reportable
payments received or made for purposes of producing slate mailers of
$50,000 or more.
The bill would delete these requirements and instead provide that
a statement, report, or other document required to be filed with the
Secretary of State pursuant to specified provisions of the act be
filed with the Secretary of State by online or electronic
transmission. The bill would provide that this provision does not
apply to a statement of organization filed by a local committee
, a statement of intention of candidacy filed by an individual, or a
short form statement filed by a candidate or officeholder who
receives contributions or makes expenditures of less than $1,000
in a calendar year . The bill would also provide that if
a person files a statement, report , or other
document, as specified, with the Secretary of State by online or
electronic means, the person would also be required to file, in paper
format, the original and one copy of that report or other document
with the Secretary of State. The bill would provide that the paper
original of the report or other document shall continue to be the
official filing for audit and other legal purposes until the
Secretary of State determines, subject to conditions established by
the Secretary of State, that the online and electronic disclosure
systems are operating securely and effectively. By imposing criminal
penalties on filers who fail to comply with these requirements, the
bill would impose a state-mandated local program.
(3) The act generally requires all candidates and elected officers
and specified committees to file campaign statements semiannually.
The act requires that a copy of a campaign statement of a candidate,
elected officer, or a controlled committee of a candidate or elected
officer be filed with the elections official of the county in which
the candidate or elected official is domiciled. Statewide elected
officers other than the members of the State Board of Equalization,
supreme court justices, candidates for these offices, and specified
committees are additionally required to file a copy of their campaign
statement with the Secretary of State, the Registrar-Recorder of Los
Angeles County, and the Registrar of Voters of the City and County
of San Francisco. Likewise, Members of the Legislature, members of
the State Board of Equalization, court of appeal justices, superior
court judges, candidates for these offices, and other specified
committees are additionally required to file a copy of their campaign
statement with the Secretary of State and the elections official of
the county with the largest number of registered voters in the
districts affected.
The bill would delete these additional filing requirements for
statewide elected offices, Members of the Legislature, supreme court
justices, court of appeal justices, superior court judges, candidates
for those offices, and the specified committees and would instead
require that these persons and entities file with their campaign
statements with the Secretary of State in the manner described in (2)
above.
(3)
(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.
(4)
(5) 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: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 84203 of the Government Code is amended to
read:
84203. (a) Each candidate or committee that makes or receives a
late contribution, as defined in Section 82036, shall report the late
contribution to each office with which the candidate or committee is
required to file its next campaign statement pursuant to Section
84215. The candidate or committee that makes the late contribution
shall report his or her full name and street address and the full
name and street address of the person to whom the late contribution
has been made, the office sought if the recipient is a candidate, or
the ballot measure number or letter if the recipient is a committee
primarily formed to support or oppose a ballot measure, and the date
and amount of the late contribution. The recipient of the late
contribution shall report his or her full name and street address,
the date and amount of the late contribution, and whether the
contribution was made in the form of a loan. The recipient shall also
report the full name of the contributor, his or her street address,
occupation, and the name of his or her employer, or if self-employed,
the name of the business.
(b) A late contribution shall be reported by facsimile
transmission, guaranteed overnight delivery, or personal delivery
within 24 hours of the time it is made in the case of the candidate
or committee that makes the contribution and within 24 hours of the
time it is received in the case of the recipient. If a late
contribution is required to be reported to the Secretary of State,
the report to the Secretary of State shall be by online or electronic
transmission only. A late contribution shall be reported on
subsequent campaign statements without regard to reports filed
pursuant to this section.
(c) A late 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 within 24 hours of its receipt.
(d) A report filed pursuant to this section shall be in addition
to any other campaign statement required to be filed by this chapter.
(e) The report required pursuant to this section is not required
to be filed by a candidate or committee that has disclosed the late
contribution pursuant to subdivision (a) or (b) of Section 85309.
SEC. 2. Section 84204 of the Government Code is amended to read:
84204. (a) A committee that makes a late independent expenditure,
as defined in Section 82036.5, shall report the late independent
expenditure by facsimile transmission, guaranteed overnight delivery,
or personal delivery within 24 hours of the time it is made. If a
late independent expenditure is required to be reported to the
Secretary of State, the report to the Secretary of State shall be by
online or electronic transmission only. A late independent
expenditure shall be reported on subsequent campaign statements
without regard to reports filed pursuant to this section.
(b) A committee that makes a late independent expenditure shall
report its full name and street address, as well as the name, office,
and district of the candidate if the report is related to a
candidate, or if the report is related to a measure, the number or
letter of the measure, the jurisdiction in which the measure is to be
voted upon, and the amount and the date, as well as a description of
goods or services for which the late independent expenditure was
made. In addition to the information required by this subdivision, a
committee that makes a late independent expenditure shall include
with its late independent expenditure report the information required
by paragraphs (1) to (5), inclusive, of subdivision (f) of Section
84211, covering the period from the day after the closing date of the
last campaign report filed to the date of the late independent
expenditure, or if the committee has not previously filed a campaign
statement, covering the period from the previous January 1 to the
date of the late independent expenditure. No information required by
paragraphs (1) to (5), inclusive, of subdivision (f) of Section 84211
that is required to be reported with a late independent expenditure
report by this subdivision is required to be reported on more than
one late independent expenditure report.
(c) A committee that makes a late independent expenditure shall
file a late independent expenditure report in the places where it
would be required to file campaign statements under this article as
if it were formed or existing primarily to support or oppose the
candidate or measure for or against which it is making the late
independent expenditure.
(d) A report filed pursuant to this section shall be in addition
to any other campaign statement required to be filed by this article.
(e) Expenditures that have been disclosed by candidates and
committees pursuant to Section 85500 are not required to be disclosed
pursuant to this section.
SEC. 3. Section 84215 of the Government
Code is amended to read:
84215. All candidates and elected officers and their controlled
committees, except as provided in subdivision (e), shall file one
copy of the campaign statements required by Section 84200 with the
elections official of the county in which the candidate or elected
official is domiciled, as defined in subdivision (b) of Section 349
of the Elections Code. In addition, campaign statements shall be
filed at the following places:
(a) Statewide elected officers and candidates for these
offices other than , including members of the
State Board of Equalization , ;
Members of the Legislature; supreme court justices, court
of appeal justices, and superior court judges; candidates for those
offices and their controlled committees ,
; committees formed or existing primarily to support or
oppose these candidates, elected officers, supreme court
justices and judges , or statewide
measures, or the qualification of state ballot measures ,
; and all state general purpose committees and
filers not specified in subdivisions (b) to (e), inclusive:
(1) The
inclusive, shall file a campaign statement by online or
electronic means, as specified in Section 84605, and shall file the
original and one copy of the campaign statement in paper
format with the Secretary of State.
(2) One copy with the Registrar-Recorder of Los Angeles County.
(3) One copy with the Registrar of Voters of the City and County
of San Francisco.
(b) Members of the Legislature or Board of Equalization, court of
appeal justices, superior court judges, candidates for those offices,
their controlled committees, and committees formed or existing
primarily to support or oppose these candidates or officeholders:
(1) The original and one copy with the Secretary of State.
(2) One copy with the elections official of the county with the
largest number of registered voters in the districts affected.
(c)
(b) Elected officers in jurisdictions other than
legislative districts, State Board of Equalization
districts, or appellate court districts that contain parts of two or
more counties, candidates for these offices, their controlled
committees, and committees formed or existing primarily to support or
oppose candidates or local measures to be voted upon in one of these
jurisdictions shall file the original and one copy with the
elections official of the county with the largest number of
registered voters in the jurisdiction.
(d)
(c) County elected officers, candidates for these
offices, their controlled committees, committees formed or existing
primarily to support or oppose candidates or local measures to be
voted upon in any number of jurisdictions within one county, other
than those specified in subdivision (e) (d)
, and county general purpose committees shall file the original
and one copy with the elections official of the county.
(e)
(d) City elected officers, candidates for city office,
their controlled committees, committees formed or existing primarily
to support or oppose candidates or local measures to be voted upon in
one city, and city general purpose committees shall file the
original and one copy with the clerk of the city. These
elected officers, candidates, and committees need not file with the
elections official of the county in which they are domiciled.
(f)
(e) Notwithstanding the above, a committee, candidate,
or elected officer is not required to file more than the original and
one copy, or one copy, of a campaign statement with any one county
elections official or city clerk or with the Secretary of State.
(g)
(f) If a committee is required to file campaign
statements required by Section 84200 or 84200.5 in places designated
in subdivisions (d) (c) and
(e) (d) , it shall continue to file these
statements in those places, in addition to any other places required
by this title, until the end of the calendar year.
SEC. 4. Section 84218 of the Government
Code is amended to read:
84218. (a) A slate mailer organization shall file semiannual
campaign statements for each period in which it has received payments
totaling five hundred dollars ($500) or more from any person for the
support of or opposition to candidates or ballot measures in a slate
mailer, or in which it has expended five hundred dollars ($500) or
more to produce one or more slate mailers. The semiannual statements
shall be filed no later than July 31 for the period ending June 30,
and no later than January 31 , for the period
ending December 31.
(b) In addition to the semiannual statements required by
subdivision (a), slate mailer organizations shall file preelection
statements as follows:
(1) Any slate mailer organization which produces a slate mailer
supporting or opposing candidates or measures being voted on in an
election held upon the first Tuesday after the first Monday in June
or November of an even-numbered year shall file the statements
specified in Section 84200.7 if, during the period covered by the
preelection statement, the slate mailer organization receives
payments totaling five hundred dollars ($500) or more from any person
for the support of or opposition to candidates or ballot measures in
one or more slate mailers, or expends five hundred dollars ($500) or
more to produce one or more slate mailers.
(2) Any slate mailer organization which produces a slate mailer
supporting or opposing candidates or measures being voted on in an
election held on a date other than the first Tuesday after the first
Monday in June or November of an even-numbered year shall file the
statements specified in Section 84200.8 if, during the period covered
by the preelection statement, the slate mailer organization receives
payments totaling five hundred dollars ($500) or more from any
person for the support of or opposition to candidates or ballot
measures in one or more slate mailers, or expends five hundred
dollars ($500) or more to produce one or more slate mailers.
(c) A slate mailer organization shall file two copies of its
campaign reports with the clerk of the county in which it is
domiciled. A slate mailer organization is domiciled at the address
listed on its statement of organization unless it is domiciled
outside California, in which case its domicile shall be deemed to be
Los Angeles County for purposes of this section.
In addition, slate mailer organizations shall file campaign
reports as follows:
(1) A slate mailer organization which produces one or more slate
mailers supporting or opposing candidates or measures voted on in a
state election, or in more than one county, shall file campaign
reports in the same manner as state general purpose committees
pursuant to subdivision (a) of Section 84215.
(2) A slate mailer organization which produces one or more slate
mailers supporting or opposing candidates or measures voted on in
only one county, or in more than one jurisdiction within one county,
shall file campaign reports in the same manner as county general
purpose committees pursuant to subdivision (d)
(c) of Section 84215.
(3) A slate mailer organization which produces one or more slate
mailers supporting or opposing candidates or measures voted on in
only one city shall file campaign reports in the same manner as city
general purpose committees pursuant to subdivision (e)
(d) of Section 84215.
(4) Notwithstanding the above, no slate mailer organization shall
be required to file more than the original and one copy, or two
copies, of a campaign report with any one county or city clerk or
with the Secretary of State.
SEC. 5. Section 84225 of the Government
Code is amended to read:
84225. (a) For the purposes of this section only, "board" means
the Board of Administration of the Public Employees' Retirement
System, as established under Article 1 (commencing with Section
20090) of Chapter 2 of Part 3 of Division 5 of Title 2 of
the Government Code .
(b) Except as provided in this section, the provisions of this
article do not apply to candidates for the board, including incumbent
board members running for reelection, as such candidates are
described in subdivision (g) of Section 20090.
(c) (1) Candidates for board seats described
in subdivision (g) of Section 20090, including incumbent board
members running for reelection, shall file campaign statements
both by online or electronic means and physically, submitting the
original and one copy, in paper format, with the Secretary of
State no later than two days before the beginning of the ballot
period, as determined by the board, for the period ending five days
before the beginning of the ballot period, and no later than January
10 , for the period ending December 31.
(1)
(2) The campaign statements shall contain an itemized
report that is prepared on a form prescribed by
the commission Commission , with the
assistance of the board, that provides the information contained in
campaign statements required under Section 84211 to the extent that
the information is applicable to a board election.
(2)
(3) The original of a campaign statement shall be filed
with the Secretary of State and a copy shall be retained at the
board's office in Sacramento and is a public record.
SEC. 3. SEC. 6. Section 84605 of the
Government Code is amended to read:
84605. (a) (1) Except as described in paragraph (2), a statement,
report, or other document required to be filed with the Secretary of
State pursuant to Chapter 4 (commencing with Section 84100), Chapter
5 (commencing with Section 85100), or Chapter 6 (commencing with
Section 86100) shall be filed with the Secretary of State by online
or electronic transmission.
(2) This subdivision does not apply to a statement of organization
required to be filed by a local committee or a statement filed
pursuant to Section 84206 or 85200. Notwithstanding any other
provision of law, this subdivision applies to a committee supporting
or opposing a candidate for superior court judge .
(b) It shall be presumed that online or electronic filers file
under penalty of perjury.
(c) Except for filings in connection with a local office or
a filing made reports filed pursuant to
Section 84203, 84204, 84204.5, 84220, 85309, 85310, or 85500,
if a person who files a statement,
report , or other document required by Chapter 4
(commencing with Section 84100) or ,
Chapter 5 (commencing with Section 85100) , or Chapter 6
(commencing with Section 86100) with the Secretary of State by
online or electronic means , the person shall also
file, in paper format, the original and one copy of that
statement, report , or other document with the
Secretary of State. Each person who is required, pursuant to Section
81004, to verify the statement, contents of the report
, or other document shall manually and personally sign the
original of the report or other document in ink.
The original and copy of the report
statement, report, or other document shall contain all of the
data set forth in the online or electronic version of that
report statement, report, or other document.
Except for documents related to a local elective office
filed by a candidate for local elective office who is a candidate for
elective state office, a copy of a document filed with the Secretary
of State by online or electronic means shall not be filed with a
local filing officer. The paper original of the
statement, report , or other document shall remain
the official filing for audit and other legal purposes until the
Secretary of State determines, pursuant to Section 84606 and subject
to conditions established by the Secretary of State, that the online
and electronic disclosure systems are operating securely and
effectively.
(d) Except for statements related to a local elective office or a
local ballot measure filed by a candidate for local elective office
who is also a candidate for elective state office, a copy of a
statement, report, or other document filed by online or electronic
means with the Secretary of State shall not be filed with a local
filing officer.
(d)
(e) The Secretary of State shall maintain at all times
a secured, official version of all original online and electronically
filed statements and reports required by this chapter. Upon
determination by the Secretary of State, pursuant to Section 84606,
that the system is operating securely and effectively, this online or
electronic version shall be the official version for audit and other
legal purposes.
SEC. 7. Section 85200 of the Government
Code is amended to read:
85200. Prior to the solicitation or receipt of any contribution
or loan, an individual who intends to be a candidate for an elective
state office, pursuant to as that term is
defined by Section 82024, shall file with the Secretary of
State an original statement, signed under penalty of perjury, of
intention to be a candidate for a specific office.
An individual who intends to be a candidate for any other elective
office shall file the statement of intention with the same filing
officer and in the same location as the individual would file an
original campaign statement pursuant to subdivisions (b),
(c), and (d) , and (e) of Section
84215.
For purposes of this section, "contribution" and "loan" do not
include any payments from the candidate's personal funds for a
candidate filing fee or a candidate statement of qualifications fee.
SEC. 8. Section 86100 of the Government
Code is amended to read:
86100. (a) Individual lobbyists shall prepare lobbyist
certifications pursuant to Section 86103 for filing with the
Secretary of State as part of the registration of the lobbying firm
in which the lobbyist is a partner, owner, officer, or employee or as
part of the registration of the lobbyist employer by which the
lobbyist is employed.
(b) Lobbying firms shall register with the Secretary of State.
(c) Lobbyist employers as defined in subdivision (a) of Section
82039.5 shall register with the Secretary of State.
(d) Lobbyist employers as defined in subdivision (b) of Section
82039.5 and persons described in subdivision (b) of Section 86115 are
not required to register with the Secretary of State but shall file
statements pursuant to this article.
(e) A registration statement shall be filed both by online or
electronic means and physically, submitting the original statement
and one copy, in paper format.
SEC. 9. Section 86107 of the Government
Code is amended to read:
86107. (a) If any change occurs in any of the information
contained in a registration statement, an appropriate amendment shall
be filed both by online or electronic means and physically,
submitting the original one copy of the amendment, in paper format,
with the Secretary of State within 20 days after the change.
However, if the change includes the name of a person by whom a
lobbying firm is retained, the registration statement of the lobbying
firm shall be amended and filed to show that change prior to the
lobbying firm's attempting to influence any legislative or
administrative action on behalf of that person. Lobbying firms and
lobbyist employers which that , during
a regular session of the Legislature, cease all activity
which that required registration shall file a
notice of termination within 20 days after such
the cessation. Lobbying firms and lobbyist employers
which that, at the close of a regular
session of the Legislature , cease all activity
which that required registration ,
shall are not be required to file a notice of
termination.
(b) If any change occurs in any of the information contained in a
lobbyist certification or if the a
lobbyist terminates all activity which that
required the certification, the lobbyist shall submit an
amended certification or notice of termination to his or her lobbying
firm or lobbyist employer for filing with the Secretary of State
within the time limits specified in subdivision (a). A lobbyist who
, at the close of a regular session of the Legislature
, ceases all activity which that
required certification , shall is
not be required to file a notice of termination.
(c) Lobbyists and lobbying firms shall remain
are subject to Section 86203 for the earlier of six months
after filing a notice of termination or six months after the close
of a regular session of the Legislature at the close of which the
lobbyist or lobbying firm ceased all activity which
that required certification or registration.
SEC. 10. Section 86118 of the
Government Code is amended to read:
86118. The original and one copy of each
Each report required by Sections
Section 86114 and or 86116
of the Government Code shall be filed by
online or electronic means with the Secretary of State.
SEC. 4. SEC. 11. 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. 5. SEC. 12. 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.