BILL NUMBER: SB 1118 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 8, 2010
INTRODUCED BY Senator Ashburn
FEBRUARY 17, 2010
An act to amend Section 84105 of add
Section 84207 to the Government Code, relating to the Political
Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
SB 1118, as amended, Ashburn. Political Reform Act of 1974:
campaign disclosure contributions: disclosure
.
Existing law, the Political Reform Act of 1974, requires reporting
of contributions made to a candidate for elective state office.
Certain contributions are required to be reported to the Secretary of
State within 24 hours by the contributor and the recipient.
This bill would require the contributor and recipient of a
contribution or contributions to the Governor or a Member of the
Legislature totaling $1,000 or more during a specified state budget
time period or a specified period before or after the end of the
first year or 2nd year of a legislative session to file online a
report disclosing the contribution or contributions within 24 hours
of the time the contribution is made or received.
Existing law makes a violation of the act subject to
administrative, civil, and criminal penalties.
By subjecting persons who violate these provisions to criminal
penalties, the bill would impose a state-mandated local program.
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.
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.
Existing law requires that a candidate or committee that receives
contributions of $5,000 or more from a person to inform that person,
within a specified timeframe, that he or she may be required to file
campaign reports.
This bill would make nonsubstantive changes to this provision.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 84207 is added to the
Government Code , to read:
84207. (a) (1) In addition to any other report required by this
title, a person who makes a contribution or contributions to the
Governor or a Member of the Legislature as specified in subdivision
(b) shall file online or electronically with the Secretary of State a
report disclosing a contribution or contributions made in the amount
of one thousand dollars ($1,000) or more. The report shall disclose
the same information required by subdivision (a) of Section 84203 and
shall be filed within 24 hours of the time that the contribution was
made.
(2) In addition to any other report required by this title, the
Governor and any Member of the Legislature who receives a
contribution or contributions from a person as specified in
subdivision (b) shall file online or electronically with the
Secretary of State a report disclosing receipt of a contribution or
contributions of one thousand dollars ($1,000) or more. The report
shall disclose the same information required by subdivision (a) of
Section 84203 and shall be filed within 24 hours of receipt of the
contribution.
(b) Subdivision (a) applies to contributions made as follows:
(1) A contribution made to the Governor or a Member of the
Legislature during the time period between the date in May that the
Director of Finance, pursuant to subdivision (d) of Section 13308, or
a successor statute, provides to the Legislature a revised estimate
of the General Fund revenues for the current fiscal year and the
ensuing fiscal year, any proposals to reduce expenditures based on
that estimate, and any proposed adjustments to the Governor's Budget,
and the date of the enactment of the Budget Bill for the fiscal year
commencing the following July 1.
(2) A contribution made to the Governor or a Member of the
Legislature during the 15-day period before the date scheduled for
the Legislature to adjourn in joint recess to reconvene in the second
calendar year of the biennium of the legislative session or during
the 15-day period before September 1 of the second calendar year of
the biennium of the legislative session.
(3) A contribution made to the Governor during the 30-day period
following the date the Legislature adjourns in joint recess to
reconvene in the second calendar year of the biennium of the
legislative session or during the 30-day period following September 1
of the second calendar year of the biennium of the legislative
session.
SEC. 2. 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. 3. 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.
SECTION 1. Section 84105 of the Government Code
is amended to read:
84105. A candidate or committee which receives contributions of
five thousand dollars ($5,000) or more from a person shall inform the
contributor that he or she may be required to file campaign reports.
The notification shall occur within two weeks of receipt of the
contributions but need not be sent to a contributor who has an
identification number assigned by the Secretary of State issued
pursuant to Section 84101.