BILL ANALYSIS �
AB 800
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CONCURRENCE IN SENATE AMENDMENTS
AB 800 (Gordon)
As Amended January 14, 2014
2/3 vote. Urgency
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|ASSEMBLY: |54-22|(May 30, 2013) |SENATE: |27-9 |(February 20, |
| | | | | |2014) |
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Original Committee Reference: E. & R.
SUMMARY : Makes numerous significant changes to the Political
Reform Act of 1974 (PRA). Specifically, this bill :
1)Requires subagents and subcontractors that make expenditures
on behalf of or for the benefit of a candidate or committee to
make known to the agent or independent contractor of the
candidate information about those expenditures.
2)Extends, for a period of 90 days, the period of time before
campaign funds that are under the control of a former
candidate or elected officer become surplus campaign funds,
and thus subject to additional restrictions on how those funds
can be spent.
3)Repeals a provision of law that prohibits the Fair Political
Practices Commission (FPPC) from beginning audits or
investigations of certain entities prior to the election.
4)Allows the FPPC and the Franchise Tax Board (FTB) to make
audits and investigations regarding any statement or report
that is required by any provision of the PRA, instead of
allowing such audits and investigations only of specified
statements or reports.
5)Extends, from one year to two years, the limit on the amount
of time that the FTB has to complete its report of any audit
that it conducts under specified provisions of the PRA.
6)Prohibits the FPPC and its staff from divulging or making
known in any manner the particulars of any information that it
receives as part of an audit or investigation conducted
pursuant to the PRA, except in furtherance of the work of the
FPPC or in connection with a court proceeding or the lawful
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investigation of any agency.
7)Permits the FPPC, and the FTB at the direction of the FPPC, to
audit any record required to be maintained under the PRA to
ensure compliance with the PRA prior to an election, even if
the record or statement has not yet been filed. Permits the
FPPC, to further the purposes of this provision, to seek
injunctive relief in superior court to compel disclosure.
Permits a superior or appellate court to grant a stay of an
order granting relief pursuant to these provisions. Requires
the court to grant expedited review to an action filed
pursuant to this procedure, as specified.
The Senate amendments :
1)Delete provisions of the bill that would have specified that a
committee was presumed to be a controlled committee of a
candidate if certain conditions were met.
2)Add an urgency clause, and provide for the provisions of this
bill to become operative on July 1, 2014.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, "More and more, voters
receive information from or see advertisements funded by
entities other than the candidate for office or the committee
proposing a ballot measure. It is vital for a fully informed
electorate that the public knows, in a timely manner, who if not
the candidate or ballot measure committee, is paying for
political messaging. Moreover, there must be a means of
inhibiting improper practices and holding entities involved with
election campaigns accountable?.AB 800 contains several distinct
changes to the Political Reform Act intended to clarify the Fair
Political Practices Commission's authority to carry out the
provisions of the PRA in a manner that ensures information is
provided to the public in an expedited manner prior to
elections."
This bill makes a number of significant changes to state law
governing audits and investigations that are conducted under the
PRA. Some of these provisions appear to be in response, in
part, to an $11 million campaign contribution made to the Small
Business Action Committee PAC three weeks prior to the November
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2012 statewide general election.
This bill gives the FPPC additional tools to ensure compliance
with the PRA by permitting the commission to seek injunctive
relief to compel disclosure required by the PRA, and by
requiring the court to grant expedited review to any such action
to ensure disclosure of campaign contributions and expenditures
prior to an election.
This bill additionally gives the FPPC the authority to audit any
record that is required to be maintained prior to an election in
order to ensure compliance with the PRA, and permits the FPPC to
make investigations and audits with respect to any report or
statement that is required to be filed pursuant to the PRA.
Finally, this bill repeals a prohibition against an audit or
investigation of a candidate, controlled committee, or committee
primarily supporting or opposing a candidate or measure in
connection with a report or statement required by certain
provisions of the PRA from being commenced prior to the
election.
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. Amendments to the PRA
that are not submitted to the voters, such as those contained in
this bill, must further the purposes of the initiative and
require a two-thirds vote of both houses of the Legislature.
The Senate amendments deleted a provision from the
Assembly-approved version of this bill, added an urgency clause,
and provided for a July 1, 2014, operative date, but did not
otherwise change this bill. This bill, as amended in the Senate
is consistent with Assembly actions.
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
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AB 800
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