BILL NUMBER: AB 2191 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Norby
FEBRUARY 23, 2012
An act to amend Sections 81009.5, 82013, 82023, and 85703 of the
Government Code, relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 2191, as introduced, Norby. Political Reform Act of 1974:
county central committees.
The Political Reform Act of 1974 requires elected officers,
candidates for elective office, and committees to prepare and file
various campaign finance reports, as specified. The act defines
"committee" to include, among other things, any person or combination
of persons who directly or indirectly receive contributions totaling
$1,000 or more in a calendar year. The act defines "elective office"
to expressly include membership on a county central committee of a
qualified political party, thereby making elected members of, and
candidates for election to, a county central committee of a qualified
political party subject to the reporting requirements of the act.
This bill would revise the definition of "elective office" to
exclude membership on a county central committee of a qualified
political party and would revise the definition of "committee" to
exclude an entity that is primarily formed to support or oppose a
person seeking election to a county central committee of a qualified
political party.
The act imposes limitations on contributions by persons to
candidates for elective state office and permits local jurisdictions
to impose additional contribution limitations, as specified. The act
also authorizes a local agency to impose additional filing
requirements on a person, except as specified.
This bill would prohibit a local government agency from imposing
filing requirements on elected members of, or candidates for election
to, a county central committee of a qualified political party. The
bill would also prohibit a local agency from imposing any
contribution limitations or prohibitions on elected members of, or
candidates for election to, a county central committee of a qualified
political party, or on a committee primarily formed to support or
oppose a person seeking election to a county central committee of a
qualified political party.
The Political Reform Act of 1974, an initiative measure, provides
that the act may be amended by a statute that becomes effective upon
approval of the voters.
This bill would require the Secretary of State to submit the
provisions of the bill that would amend the Political Reform Act of
1974 to the voters for approval at a statewide election, as
specified.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 81009.5 of the Government Code is amended to
read:
81009.5. (a) Any A local government
agency which that has enacted, enacts,
amends, or repeals an ordinance or other provision of law affecting
campaign contributions and expenditures shall file a copy of the
action with the commission Commission .
(b) Notwithstanding Section 81013, no a
local government agency shall not enact any
ordinance imposing filing requirements additional to or different
from those set forth in Chapter 4 (commencing with Section 84100) for
elections held in its jurisdiction unless the additional or
different filing requirements apply only to the candidates seeking
election in that jurisdiction, their controlled committees or
committees formed or existing primarily to support or oppose their
candidacies, and to committees formed or existing primarily to
support or oppose a candidate or to support or oppose the
qualification of, or passage of, a local ballot measure which is
being voted on only in that jurisdiction, and to city or county
general purpose committees active only in that city or county,
respectively. However, a local government agency shall not
impose any filing requirements on elected members of, or candidates
for election to, a county central committee of a qualified political
party or on committees primarily formed to support or oppose a person
seeking election to a county central committee of a qualified
political party.
SEC. 2. Section 82013 of the Government Code is amended to read:
82013. "Committee" means any person or combination of persons who
directly or indirectly does any of the following:
(a) Receives contributions totaling one thousand dollars ($1,000)
or more in a calendar year.
(b) Makes independent expenditures totaling one thousand dollars
($1,000) or more in a calendar year ; or .
(c) Makes contributions totaling ten thousand dollars ($10,000) or
more in a calendar year to or at the behest of candidates or
committees.
A person or combination of persons that becomes a committee shall
retain its status as a committee until such time as
that status is terminated pursuant to Section 84214.
"Committee" does not include an entity primarily formed to support
or oppose a person seeking election to a county central committee of
a qualified political party.
SEC. 3. Section 82023 of the Government Code is amended to read:
82023. "Elective office" means any state, regional, county,
municipal, district , or judicial office that is filled at
an election. "Elective office" also includes membership on
a county central committee of a qualified political party, and
membership through election on the Board of Administration
of the Public Employees' Retirement System or the Teachers'
Retirement Board. "Elective office" does not include membership
on a county central committee of a qualified political party.
SEC. 4. Section 85703 of the Government Code is amended to read:
85703. (a) Nothing in this act shall nullify contribution
limitations or prohibitions of any local jurisdiction that apply to
elections for local elective office, except that these limitations
and prohibitions may not conflict with the provisions of
Section 85312. However, a local jurisdiction shall not
impose any contribution limitations or prohibitions on elected
members of, or candidates for election to, a county central committee
of a qualified political party, or on a committee primarily formed
to support or oppose a person seeking election to a county central
committee of a qualified political party.
(b) Limitations and prohibitions imposed by a local jurisdiction
on payments for a member communication, as defined in subdivision
(c), that conflict with Section 85312 and which are thereby
prohibited by subdivision (a) include, but are not limited to, any of
the following:
(1) Source restrictions on payments for member communications that
are not expressly made applicable to member communications by a
state statute or by a regulation adopted by the commission
Commission pursuant to Section 83112.
(2) Limitations on payments to a political party committee for a
member communication that are not expressly made applicable to member
communications by a state statute or by a regulation adopted by the
commission Commission pursuant to
Section 83112.
(3) Limitations on the scope of payments considered directly
related to the making of a member communication, including costs
associated with the formulation, design, production, and distribution
of the communication such as surveys, list acquisition, and
consulting fees that are not expressly made applicable to member
communications by a state statute or by a regulation adopted by the
commission Commission pursuant to
Section 83112.
(c) For purposes of this section, "member communication" means a
communication, within the meaning of Section 85312, to members,
employees, shareholders, or families of members, employees, or
shareholders of an organization, including a communication by a
political party to its members who are registered with that party.
SEC. 5. The Secretary of State shall, pursuant to subdivision (b)
of Section 81012 of the Government Code, submit Sections 1 to 4,
inclusive, of this act to the voters for approval at a statewide
election in accordance with Section 9040 of the Elections Code.