SB 1102, as introduced, Padilla. Political Reform Act of 1974: contributions.
Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures and imposing other reporting and recordkeeping requirements on campaign committees. The act requires that a candidate for elective state office or a committee primarily formed to support or oppose a state ballot measure, if the candidate or committee has reportable contributions or expenditures of $25,000 or more, file a report with the Secretary of State disclosing the receipt of a contribution of $1,000 or more during an election cycle, as defined, within 24 hours of receiving the contribution. At times other than during the election cycle, the act requires those candidates and committees to file a report for contributions of $5,000 or more within 10 business days of receipt of the contribution. Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties.
This bill would modify these reporting requirements to instead require the above-described candidates and committees to file a report with the Secretary of State disclosing the receipt of a contribution of $100 or more during an election cycle within 24 hours of receipt of the contribution. At times other than during an election cycle, the bill would require those candidates and committees to file a report for contributions of $100 or more within 5 business days of receipt of the contribution. Because this bill would expand the definition of an existing crime, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
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: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 85309 of the Government Code is
2amended to read:
(a) In addition to any other report required by this title,
4a candidate for elective state office who is required to file reports
5pursuant to Section 84605 shall file online or electronically with
6the Secretary of State a report disclosing receipt of a contribution
7of onebegin delete thousandend deletebegin insert hundredend insert dollarsbegin delete ($1,000)end deletebegin insert ($100)end insert or more received
8during an election cycle. Those reports shall disclose the same
9information required
by subdivision (a) of Section 84203 and shall
10be filed within 24 hours of receipt of the contribution.
11(b) In addition to any other report required by this title, any
12committee primarily formed to support or oppose one or more
13state ballot measures that is required to file reports pursuant to
14Section 84605 shall file online or electronically with the Secretary
15of State a report disclosing receipt of a contribution of onebegin delete thousandend delete
16begin insert hundredend insert dollarsbegin delete ($1,000)end deletebegin insert ($100)end insert or more received during an
17election cycle. Those reports shall disclose the same information
18required by
subdivision (a) of Section 84203 and shall be filed
19within 24 hours of receipt of the contribution.
20(c) In addition to any other report required by this title, a
21candidate for elective state office who is required to file reports
P3 1pursuant to Section 84605 shall file online or electronically with
2the Secretary of State a report disclosing receipt of a contribution
3ofbegin delete five thousandend deletebegin insert one hundredend insert dollarsbegin delete ($5,000)end deletebegin insert ($100)end insert or more
4received at any time other than during an election cycle. Those
5reports shall disclose the same information required by subdivision
6(a) of Section
84203 and shall be filed withinbegin delete 10end deletebegin insert
fiveend insert business days
7of receipt of the contribution.
8(d) In addition to any other report required by this title, a
9committee primarily formed to support or oppose a state ballot
10measure that is required to file reports pursuant to Section 84605
11shall file online or electronically with the Secretary of State a report
12disclosing receipt of a contribution ofbegin delete five thousandend deletebegin insert one hundredend insert
13 dollarsbegin delete ($5,000)end deletebegin insert ($100)end insert or more received at any time other than
14during an election cycle. Those reports shall disclose the same
15information required by
subdivision (a) of Section 84203 and shall
16be filed withinbegin delete 10end deletebegin insert fiveend insert business days of receipt of the contribution.
No reimbursement is required by this act pursuant to
18Section 6 of Article XIII B of the California Constitution because
19the only costs that may be incurred by a local agency or school
20district will be incurred because this act creates a new crime or
21infraction, eliminates a crime or infraction, or changes the penalty
22for a crime or infraction, within the meaning of Section 17556 of
23the Government Code, or changes the definition of a crime within
24the meaning of Section 6 of Article XIII B of the California
25Constitution.
The Legislature finds and declares that this bill furthers
27the purposes of the Political Reform Act of 1974 within the
28meaning of subdivision (a) of Section 81012 of the Government
29Code.
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