BILL ANALYSIS
SB 1007
Page 1
SENATE THIRD READING
SB 1007 (Hancock)
As Amended June 24, 2010
2/3 vote
SENATE VOTE :33-0
ELECTIONS 7-0 APPROPRIATIONS 16-1
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|Ayes:|Fong, Adams, Bill |Ayes:|Fuentes, Conway, |
| |Berryhill, Gatto, | |Bradford, |
| |Mendoza, Saldana, Swanson | |Charles Calderon, Coto, |
| | | |Davis, |
| | | |De Leon, Gatto, Hall, |
| | | |Harkey, Miller, Nielsen, |
| | | |Skinner, Solorio, |
| | | |Torlakson, Torrico |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Norby |
| | | | |
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SUMMARY : Requires elected members of and candidates for the
Board of Administration of the Public Employees' Retirement
System (CalPERS) and the Teachers' Retirement Board of the State
Teachers' Retirement System (CalSTRS) to file campaign reports
in generally the same manner and frequency as other candidates.
Makes existing contribution limits for other state offices
applicable to candidates for the CalSTRS board. Specifically,
this bill :
1)Defines the terms "elective office" and "elective state
office," for the purposes of the Political Reform Act (PRA),
to include members elected to the CalSTRS board.
2)Requires all candidates for CalPERS and CalSTRS boards, their
controlled committees, and committees primarily formed to
support or oppose those candidates to file campaign reports
generally in the same manner and frequency as other candidates
for state office.
3)Makes campaign contribution limits that currently apply to
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candidates for the Legislature and candidates for the CalPERS
board applicable to candidates for the CalSTRS board.
4)Requires pre-election campaign statements that are filed in
connection with an election for CalPERS or CalSTRS board to be
filed pursuant to the following schedule:
a) For the period ending five days before the beginning of
the ballot period, as determined by the relevant board, a
statement shall be filed no later than two days before the
beginning of the ballot period;
b) For the period ending five days before the deadline to
return ballots, as determined by the relevant board, a
statement shall be filed no later than two days before the
deadline to return ballots; and,
c) In the case of a runoff election, for the period ending
five days before the deadline to return runoff ballots, as
determined by the relevant board, a statement shall be
filed no later than two days before the deadline to return
runoff ballots.
5)Requires pre-election campaign statements from entities other
than general purpose committees that are required to be filed
two days before the deadline to return ballots or runoff
ballots to be filed by guaranteed overnight delivery service
or by personal delivery.
6)Requires the original and one copy of each campaign statement
filed in connection with an election for the CalPERS or
CalSTRS board to be filed with the Secretary of State (SOS),
and requires a copy of each such campaign statement to be
filed with the relevant board's office in Sacramento.
7)Permits the Fair Political Practices Commission (FPPC) to
adopt regulations to tailor the reporting and disclosure
requirements for candidates for and committees involved in
campaigns for the CalPERS and CalSTRS boards consistent with
the purposes and provisions of the PRA.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, any costs to the FPPC, the SOS, CalPERS and CalSTRS
will be minor and absorbable.
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COMMENTS : According to the author, "SB 1007 is a common sense
bill that . . . would simply require candidates for elected
positions to the [CalPERS] and [CalSTRS] boards to file periodic
campaign reports in generally the same manner as candidates for
other state offices. If these candidates raise little or no
money they will have little, if any, filing obligations.
However, some candidates do raise significant contributions and
other independent committees have been formed to support them.
Even if the recent controversies surrounding these boards had
not come to light this bill would still be a good idea. These
boards manage public investment portfolios worth billions of
dollars. The need for disclosure is obvious."
Among other provisions, SB 1753 (Schiff), Chapter 923, Statutes
of 1998 required candidates for seats on the CalPERS board who
are elected by CalPERS members to file campaign statements.
Under the provisions of SB 1753, candidates for the CalPERS
board are required to file one pre-election statement and one
post-election statement disclosing contributions received and
expenditures made. SB 1753 also included elective positions on
the CalPERS board within the PRA's definition of "elective
office" and "elective state office." As a result, when the
voters approved Proposition 34 at the November 2000 election,
which, among other provisions, imposed contribution limits on
candidates for elective state office, those contribution limits
were made applicable to candidates for CalPERS board.
At the time the Legislature was considering SB 1753, the CalSTRS
board did not have member-elected representatives like CalPERS
did. As a result, the provisions of SB 1753 that required
candidates for an elective seat on the CalPERS board to file
campaign statements were not made applicable to the CalSTRS
board. In 2002, the Legislature approved and Governor Davis
signed SB 1580 (Burton), Chapter 1049, Statutes of 2002, which
provided for three members of the CalSTRS board to be elected by
the members of CalSTRS. Although there have been two elections
for the CalSTRS board since that time, CalSTRS indicates that it
is not aware of contributions being made to or expenditures
being made by or on behalf of any of the candidates.
California voters passed an initiative, Proposition 9, in 1974
that created the FPPC and codified significant restrictions and
prohibitions on candidates, officeholders and lobbyists. That
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initiative is commonly known as the PRA. Amendments to the PRA
that are not submitted to the voters, such as those contained in
this bill, must further the purposes of the initiative and
require a two-thirds vote of both houses of the Legislature.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0005635