Amended in Senate April 21, 2014

Senate Bill No. 1102

Introduced by Senator Padilla

February 19, 2014

An act to amend Section 85309 of the Government Code, relating to the Political Reform Act of 1974.

LEGISLATIVE COUNSEL’S DIGEST

SB 1102, as amended, 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 begin insert , and a committee that makes an expenditure in support of or opposition to candidates for elective state office or state ballot measures, end insert 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 1.  

Section 85309 of the Government Code is
amended to read:

85309.  

(a) In addition to any other report required by this title,
begin insert if end insert a candidate for elective state office begin delete who end delete begin insert , or a committee that
makes an expenditure in support of or opposition to one or more
candidates for elective state office or state ballot measures, end insert is
required to file reports pursuant to Section 84605 begin insert , that candidate
or committee end insert shall file online or electronically with the Secretary
of State a report disclosing receipt of a contribution of one hundred
dollars ($100) or more begin delete received during an election cycle end delete . Those
reports shall disclose the same information required by subdivision
(a) of Section 84203 begin delete and end delete begin insert . A report of a contribution received during
an election cycle end insert shall be filed within 24 hours of receipt of the
contribution. begin insert A report of a contribution received at any time other
than during an election cycle shall be filed within five business
days of receipt of the contribution. end insert

(b) In addition to any other report required by this title, any
committee primarily formed to support or oppose one or more
state ballot measures that is required to file reports pursuant to
Section 84605 shall file online or electronically with the Secretary
of State a report disclosing receipt of a contribution of one hundred
dollars ($100) or more begin delete received during an election cycle end delete . Those
reports shall disclose the same information required by subdivision
(a) of Section 84203 begin delete and end delete begin insert . end insert begin insert A report of a contribution received during
an election cycle end insert shall be filed within 24 hours of receipt of the
contribution. begin insert end insert begin insert A report of a contribution received at any time other
than during an election cycle shall be filed within five business
days of receipt of the contribution. end insert

begin delete

(c) In addition to any other report required by this title, a
candidate for elective state office who is required to file reports
pursuant to Section 84605 shall file online or electronically with
the Secretary of State a report disclosing receipt of a contribution
of one hundred dollars ($100) or more received at any time other
than during an election cycle. Those reports shall disclose the same
information required by subdivision (a) of Section 84203 and shall
be filed within five business days of receipt of the contribution.

(d) In addition to any other report required by this title, a
committee primarily formed to support or oppose a state ballot
measure that is required to file reports pursuant to Section 84605
shall file online or electronically with the Secretary of State a report
disclosing receipt of a contribution of one hundred dollars ($100)
or more received at any time other than during an election cycle.
Those reports shall disclose the same information required by
subdivision (a) of Section 84203 and shall be filed within five
business days of receipt of the contribution.

end delete

SEC. 2.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

SEC. 3.  

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.