BILL NUMBER: AB 1146 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 25, 2011
INTRODUCED BY Assembly Member Norby
FEBRUARY 18, 2011
An act to amend Sections 84300 84203.5,
84211, 84300, and 84304 of the Government Code, relating to the
Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 1146, as amended, Norby. Political Reform Act of 1974:
contribution limits.
Existing law , the Political Reform Act of 1974,
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 requires that the value of all
in-kind contributions of $100 or more be reported in
writing to the recipient upon the recipient's written request .
Existing law further requires that detailed specified
information be reported for each person to whom independent
expenditures are made, or from whom contributions are received,
totalling $100 or more during a reporting period.
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 for anonymous contributions and the threshold for
reporting as to contributions and independent expenditures 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 84203.5 of the
Government Code is amended to read:
84203.5. (a) In addition to any campaign statements required by
this article, if a candidate or committee has made independent
expenditures totaling one thousand dollars ($1,000) or more in a
calendar year to support or oppose a candidate, a measure ,
or qualification of a measure, it shall file independent
expenditure reports at the same time, covering the same periods, and
in the places where the candidate or committee would be required to
file campaign statements under this article, as if it were formed or
existing primarily to support or oppose the candidate or measure or
qualification of the measure. No independent expenditure report need
be filed to cover a period for which there has been no activity to
report.
(b) An independent expenditure report shall contain the following
information:
(1) The name, street address, and telephone number of the
candidate or committee making the expenditure and of the committee's
treasurer, and the number assigned to the committee by the Secretary
of State.
(2) If the report is related to a candidate, the full name of the
candidate and the office and district for which the candidate seeks
nomination or election. If the report is related to a measure or
qualification of a measure, the number or letter of the measure, or
if none has yet been assigned, a brief description of the subject
matter of the measure, and the jurisdiction in which the measure is
to be voted on or would be voted on if it qualified.
(3) The total amount of expenditures related to the candidate or
measure during the period covered by the report made to persons who
have received less than one two hundred
dollars ($100) ($200) .
(4) The total amount of expenditures related to the candidate or
measure during the period covered by the report made to persons who
have received one two hundred dollars
($100) ($200) or more.
(5) For each person to whom an expenditure of one
two hundred dollars ($100)
($200) or more related to the candidate or measure has
been made during the period covered by the report and for each person
who has provided consideration for an expenditure of one
two hundred dollars ($100)
($200) or more during the period covered by the report:
(A) His or her full name.
(B) His or her street address.
(C) If the person is a committee, the name of the committee, the
number assigned to the committee by the Secretary of State, or if no
number has been assigned, the full name and street address of the
treasurer of the committee.
(D) The date of the expenditure.
(E) The amount of the expenditure.
(F) A brief description of the consideration for which each
expenditure was made and the value of the consideration if less than
the total amount of the expenditure.
(G) The cumulative amount of expenditures to such person.
(6) A list of all the filing officers with whom the committee
filed its most recent campaign statement.
(c) Filing officers shall maintain paper reports filed pursuant to
this section under the name of the candidate or measure supported or
opposed by the independent expenditure.
SEC. 3. Section 84211 of the Government
Code is amended to read:
84211. Each campaign statement required by this article shall
contain all of the following information:
(a) The total amount of contributions received during the period
covered by the campaign statement and the total cumulative amount of
contributions received.
(b) The total amount of expenditures made during the period
covered by the campaign statement and the total cumulative amount of
expenditures made.
(c) The total amount of contributions received during the period
covered by the campaign statement from persons who have given a
cumulative amount of one two hundred
dollars ($100) ($200) or more.
(d) The total amount of contributions received during the period
covered by the campaign statement from persons who have given a
cumulative amount of less than one two
hundred dollars ($100) ($200) .
(e) The balance of cash and cash equivalents on hand at the
beginning and the end of the period covered by the campaign
statement.
(f) If the cumulative amount of contributions (including loans)
received from a person is one two
hundred dollars ($100) ($200) or more
and a contribution or loan has been received from that person during
the period covered by the campaign statement, all of the following:
(1) His or her full name.
(2) His or her street address.
(3) His or her occupation.
(4) The name of his or her employer, or if self-employed, the name
of the business.
(5) The date and amount received for each contribution received
during the period covered by the campaign statement and if the
contribution is a loan, the interest rate for the loan.
(6) The cumulative amount of contributions.
(g) If the cumulative amount of loans received from or made to a
person is one two hundred dollars
($100) ($200) or more, and a loan has
been received from or made to a person during the period covered by
the campaign statement, or is outstanding during the period covered
by the campaign statement, all of the following:
(1) His or her full name.
(2) His or her street address.
(3) His or her occupation.
(4) The name of his or her employer, or if self-employed, the name
of the business.
(5) The original date and amount of each loan.
(6) The due date and interest rate of the loan.
(7) The cumulative payment made or received to date at the end of
the reporting period.
(8) The balance outstanding at the end of the reporting period.
(9) The cumulative amount of contributions.
(h) For each person, other than the filer, who is directly,
indirectly, or contingently liable for repayment of a loan received
or outstanding during the period covered by the campaign statement,
all of the following:
(1) His or her full name.
(2) His or her street address.
(3) His or her occupation.
(4) The name of his or her employer, or if self-employed, the name
of the business.
(5) The amount of his or her maximum liability outstanding.
(i) The total amount of expenditures made during the period
covered by the campaign statement to persons who have received
one two hundred dollars ($100)
($200) or more.
(j) The total amount of expenditures made during the period
covered by the campaign statement to persons who have received less
than one two hundred dollars
($100) ($200) .
(k) For each person to whom an expenditure of one
two hundred dollars ($100)
($200) or more has been made during the period covered by
the campaign statement, all of the following:
(1) His or her full name.
(2) His or her street address.
(3) The amount of each expenditure.
(4) A brief description of the consideration for which each
expenditure was made.
(5) In the case of an expenditure which is a contribution to a
candidate, elected officer, or committee or an independent
expenditure to support or oppose a candidate or measure, in addition
to the information required in paragraphs (1) to (4) above
, inclusive , the date of the
contribution or independent expenditure, the cumulative amount of
contributions made to a candidate, elected officer, or committee, or
the cumulative amount of independent expenditures made relative to a
candidate or measure; the full name of the candidate, and the office
and district for which he or she seeks nomination or election, or the
number or letter of the measure; and the jurisdiction in which the
measure or candidate is voted upon.
(6) The information required in paragraphs (1) to (4), inclusive,
for each person, if different from the payee, who has provided
consideration for an expenditure of five hundred dollars ($500) or
more during the period covered by the campaign statement.
For purposes of subdivisions (i), (j), and (k) only, the terms
"expenditure" or "expenditures" mean any individual payment or
accrued expense, unless it is clear from surrounding circumstances
that a series of payments or accrued expenses are for a single
service or product.
( l ) In the case of a controlled committee, an
official committee of a political party, or an organization formed or
existing primarily for political purposes, the amount and source of
any miscellaneous receipt.
(m) If a committee is listed pursuant to subdivision (f), (g),
(h), (k), ( l ), or (q), the number assigned to the
committee by the Secretary of State shall be listed, or if no number
has been assigned, the full name and street address of the treasurer
of the committee.
(n) In a campaign statement filed by a candidate who is a
candidate in both a state primary and general election, his or her
controlled committee, or a committee primarily formed to support or
oppose such a candidate, the total amount of contributions received
and the total amount of expenditures made for the period January 1
through to June 30 , inclusive,
and the total amount of contributions received and expenditures
made for the period July 1 through to
December 31 , inclusive .
(o) The full name, residential or business address, and telephone
number of the filer, or in the case of a campaign statement filed by
a committee defined by subdivision (a) of Section 82013, the name,
street address, and telephone number of the committee and of the
committee treasurer. In the case of a committee defined by
subdivision (b) or (c) of Section 82013, the name that the filer uses
on campaign statements shall be the name by which the filer is
identified for other legal purposes or any name by which the filer is
commonly known to the public.
(p) If the campaign statement is filed by a candidate, the name,
street address, and treasurer of any committee of which he or she has
knowledge which has received contributions or made expenditures on
behalf of his or her candidacy and whether the committee is
controlled by the candidate.
(q) A contribution need not be reported nor shall it be deemed
accepted if it is not cashed, 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.
(r) If a committee primarily formed for the qualification or
support of, or opposition to, an initiative or ballot measure is
required to report an expenditure to a business entity pursuant to
subdivision (k) and 50 percent or more of the business entity is
owned by a candidate or person controlling the committee, by an
officer or employee of the committee, or by a spouse of any of these
individuals, the committee's campaign statement shall also contain,
in addition to the information required by subdivision (k), that
person's name, the relationship of that person to the committee, and
a description of that person's ownership interest or position with
the business entity.
(s) If a committee primarily formed for the qualification or
support of, or opposition to, an initiative or ballot measure is
required to report an expenditure to a business entity pursuant to
subdivision (k), and a candidate or person controlling the committee,
an officer or employee of the committee, or a spouse of any of these
individuals is an officer, partner, consultant, or employee of the
business entity, the committee's campaign statement shall also
contain, in addition to the information required by subdivision (k),
that person's name, the relationship of that person to the committee,
and a description of that person's ownership interest or position
with the business entity.
(t) If the campaign statement is filed by a committee, as defined
in subdivision (b) or (c) of Section 82013, information sufficient to
identify the nature and interests of the filer, including:
(1) If the filer is an individual, the name and address of the
filer's employer, if any, or his or her principal place of business
if the filer is self-employed, and a description of the business
activity in which the filer or his or her employer is engaged.
(2) If the filer is a business entity, a description of the
business activity in which it is engaged.
(3) If the filer is an industry, trade, or professional
association, a description of the industry, trade, or profession
which it represents, including a specific description of any portion
or faction of the industry, trade, or profession which the
association exclusively or primarily represents.
(4) If the filer is not an individual, business entity, or
industry, trade, or professional association, a statement of the
person's nature and purposes, including a description of any
industry, trade, profession, or other group with a common economic
interest which the person principally represents or from which its
membership or financial support is principally derived.
SEC. 2. SEC. 4. Section 84300 of the
Government Code is amended to read:
84300. (a) No contribution of two one
hundred dollars ($200) ($100) 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 two one
hundred dollars ($200) ($100) or more
shall be made in cash.
(c) No contribution of two one
hundred dollars ($200) ($100) 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 two hundred dollars
($200) or more shall be reported in writing to the recipient upon the
request in writing of the recipient.
SEC. 3. SEC. 5. 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
two hundred dollars ($200) or more in a calendar year. An anonymous
contribution of two hundred dollars ($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. SEC. 6. 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.