BILL ANALYSIS �
AB 481
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 481 (Gordon)
As Amended August 13, 2012
2/3 vote
----------------------------------------------------------------------
|ASSEMBLY: | |(May 12, 2011) |SENATE: |38-0 |(August 30, 2012) |
----------------------------------------------------------------------
(vote not relevant)
------------------------------------------------------------------------
|COMMITTEE VOTE: |5-0 |(August 31, 2012) |RECOMMENDATION: |concur |
|(E. & R.) | | | | |
------------------------------------------------------------------------
Original Committee Reference: E. & R.
SUMMARY : Makes numerous substantive changes to state law governing
independent expenditures (IEs) in campaigns.
The Senate amendments delete the Assembly version of this bill, and
instead:
1)Require every committee that makes an IE of $1,000 or more within
90 days before the election involving the candidate or measure
that the IE supports or opposes, to file a report publicly
disclosing that IE within 24 hours, regardless of whether the
committee is required to file campaign reports online or
electronically with the Secretary of State (SOS).
2)Require every candidate, controlled committee, or committee that
is primarily formed or existing primarily to support or oppose a
candidate or measure, that receives a contribution of $1,000 or
more within 90 days before the election at which the candidate or
measure is to be voted on, to file a report publicly disclosing
the receipt of that contribution within 24 hours, regardless of
whether the candidate or committee is required to file campaign
reports online or electronically with the SOS. Require every
political party committee that receives a contribution of $1,000
or more within 90 days before a state election to file a report
publicly disclosing the receipt of that contribution within 24
hours, regardless of whether the committee is required to file
campaign reports online or electronically with the SOS.
AB 481
Page 2
3)Add the principal officers of campaign committees to a list of
officials (including candidates, campaign treasurers, and elected
officers) that are required to maintain detailed accounts,
records, bills, and receipts necessary to prepare campaign
statements, to establish that campaign statements were properly
filed, and to comply with the other provisions of the Political
Reform Act (PRA). Define the term "principal officer" for the
purposes of the PRA.
4)Require a specified person, who is affiliated with a campaign
committee that is required to disclose an IE on a campaign
statement or report, to sign a verification on a report
prescribed by the Fair Political Practices Commission (FPPC),
declaring that the person has not received unreported
contributions or reimbursements for making the IE, and has not
coordinated any expenditure made during the reporting period with
the candidate, proponent of the measure, or opponent of the
candidate or measure, that is the subject of the IE.
5)Make every advertisement that is paid for by an IE under
specified circumstances, regardless of the medium, subject to an
existing requirement that currently applies only to broadcast and
mass mailing advertisements, whereby the advertisement must
include a disclosure of the name of the committee making the IE
and the names of the two largest contributors of $50,000 or more
to the committee making the IE, as specified.
6)Make corresponding changes.
AS PASSED BY THE ASSEMBLY , this bill required a person who was
collecting petition signatures to wear a badge indicating whether
he or she was a paid signature gatherer or a volunteer signature
gatherer, and required similar information be disclosed on any
state or local initiative, referendum, or recall petition.
FISCAL EFFECT : According to the Senate Appropriations Committee,
the FPPC indicates minor, absorbable General Fund costs.
COMMENTS : According to the author, "More and more, voters receive
information from or see advertisements funded by �IE] committees.
As with any information, it is important to know the source. In
this case, voters should be entitled to know who is responsible for
and financing these campaigns. According to the �FPPC], �IEs] have
been on the rise in California politics at both the state and local
AB 481
Page 3
level for the past decade. In June 2010, the �FPPC] issued a
finding that $127 million had been spent on �IEs] in the previous
ten years?.This growth of �IEs] makes appropriate disclosure all
the more necessary. In order for voters to make fully informed
decisions, it is important that they know, in a timely manner, who
if not the candidate, is paying for the political messaging."
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
initiative is commonly known as the PRA. Most amendments to the
PRA that are not submitted to the voters, including those contained
in this bill, must further the purposes of the initiative and
require a two-thirds vote of both houses of the Legislature.
This bill was substantially amended in the Senate and the
Assembly-approved provisions of this bill were deleted. As a
result, this bill was re-referred to the Assembly Elections and
Redistricting Committee pursuant to Assembly Rule 77.2, and the
committee subsequently recommended that the Assembly concur in the
Senate amendments to this bill.
Please see the policy committee analysis for a full discussion of
this bill.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0005876