BILL NUMBER: AB 1146	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Norby

                        FEBRUARY 18, 2011

   An act to amend Sections 84300 and 84304 of the Government Code,
relating to the Political Reform Act of 1974.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1146, as introduced, Norby. Political Reform Act of 1974:
contribution limits.
   Existing law prohibits cash contributions or anonymous campaign
contributions of $100 or more to a candidate, committee, or other
person in a calendar year. Existing law also prohibits cash campaign
expenditures of $100 or more.
   This bill would find that the current limit of $100 was
established more than 30 years ago and would raise the minimum
campaign contribution and expenditure reporting limit to $200 to
align it with the limit applicable under federal law to campaign
disclosures.
   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: no. State-mandated
local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (A) Under the Federal Election Campaign Act (U.S.C. Sec. 431 et
seq.), political committees for federal campaigns must disclose
contributions having an aggregate amount, in a calendar year, of two
hundred dollars ($200).
   (B) The current one hundred dollar ($100) limit for cash or
anonymous contributions for California campaigns under the Political
Reform Act of 1974 was established more than 30 years ago.
   (C) An increase in the limit for cash or anonymous contributions
under the Political Reform Act of 1974 is necessary to maintain the
limit at a level consistent with that set at the time the act was
enacted.
  SEC. 2.  Section 84300 of the Government Code is amended to read:
   84300.  (a) No contribution of  one   two
 hundred dollars  ($100)   ($200)  or
more shall be made or received in cash.
   A cash contribution shall not be deemed received if it is not
negotiated or deposited and is returned to the contributor before the
closing date of the campaign statement on which the contribution
would otherwise be reported. If a cash contribution, other than a
late contribution, as defined in Section 82036, is negotiated or
deposited, it shall not be deemed received if it is refunded within
72 hours of receipt. In the case of a late contribution, as defined
in Section 82036, it shall not be deemed received if it is returned
to the contributor within 48 hours of receipt.
   (b) No expenditure of  one   two 
hundred dollars  ($100)   ($200)  or more
shall be made in cash.
   (c) No contribution of  one   two 
hundred dollars  ($100)   ($200)  or more
other than an in-kind contribution shall be made unless in the form
of a written instrument containing the name of the donor and the name
of the payee and drawn from the account of the donor or the
intermediary, as defined in Section 84302.
   (d) The value of all in-kind contributions of  one
  two  hundred dollars  ($100) 
 ($200)  or more shall be reported in writing to the
recipient upon the request in writing of the recipient.
  SEC. 3.  Section 84304 of the Government Code is amended to read:
   84304.  No person shall make an anonymous contribution or
contributions to a candidate, committee  ,  or any other
person totaling  one   two  hundred dollars
 ($100)   ($200)  or more in a calendar
year. An anonymous contribution of  one   two
 hundred dollars  ($100)   ($200)  or
more shall not be kept by the intended recipient but instead shall be
promptly paid to the Secretary of State for deposit in the General
Fund of the state.
  SEC. 4.  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.