BILL NUMBER: SB 1118 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 27, 2010
AMENDED IN SENATE APRIL 28, 2010
AMENDED IN SENATE APRIL 8, 2010
INTRODUCED BY Senator Ashburn
FEBRUARY 17, 2010
An act to 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:
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 a
separate contribution or contributions
exceeding $1,000 within 24 hours of the time the contribution
is made or received , except that the
contribution would only be required to comply with this provision if
he or she were already required to file online or electronically
pursuant to another provision of existing law .
This The bill would require the Fair Political
Practices Commission to issue a reporting calendar by January 15 of
each year which delineates the new reporting periods.
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.
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 84207 is added to the Government Code, to read:
84207. (a) (1) In addition
to any other report required by this title, a person
required to file online or electronically pursuant to Section 84605
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 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
each separate contribution or
contributions of more than 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.
(c) The commission shall issue a reporting calendar no later than
January 15 of each year which delineates the reporting periods
required by this section.
(d) A contribution that is required to be reported within 24 hours
of the making or receiving of that contribution
pursuant to any other provision of law, is not required to be
reported again pursuant to this section.
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.