Bill Text: CA SB1442 | 2013-2014 | Regular Session | Enrolled
Bill Title: Political Reform Act of 1974: campaign statements.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Vetoed) 2014-09-30 - In Senate. Consideration of Governor's veto pending. [SB1442 Detail]
Download: California-2013-SB1442-Enrolled.html
BILL NUMBER: SB 1442 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 30, 2014
PASSED THE ASSEMBLY AUGUST 30, 2014
AMENDED IN ASSEMBLY AUGUST 18, 2014
AMENDED IN ASSEMBLY AUGUST 4, 2014
AMENDED IN ASSEMBLY JULY 1, 2014
AMENDED IN SENATE MAY 12, 2014
AMENDED IN SENATE MARCH 27, 2014
INTRODUCED BY Senators Lara, Corbett, De León, Hill, Monning, Roth,
Steinberg, and Torres
FEBRUARY 21, 2014
An act to amend Sections 82036, 82036.5, 82048.4, 84101, 84103,
84200, 84200.6, 84215, 84218, and 84252 of, to add Sections 84200.3
and 84620 to, to repeal Sections 84200.7, 84202.3, 84202.5, 84202.7,
and 84203.5 of, and to repeal and add Section 84200.5 of, the
Government Code, relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
SB 1442, Lara. Political Reform Act of 1974: campaign statements.
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 elected officers, candidates,
committees, and slate mailer organizations to file various reports,
including semiannual reports, preelection statements, and
supplemental preelection statements. The act requires the Secretary
of State, in consultation with the Fair Political Practices
Commission, to develop online and electronic filing processes for
specified entities.
This bill would require elected state officers, candidates for
elective state office and their controlled committees, committees
primarily formed to support or oppose a candidate for elective state
office or a statewide ballot measure, and state general purpose
committees to file quarterly statements each year instead of
semiannual statements, as specified. The bill would recast or repeal
other specified reporting requirements, including supplemental
preelection statements, supplemental independent expenditure reports,
and odd-numbered year reports.
The act defines "late contributions" and "late independent
expenditures" for purposes of the act to include certain
contributions and independent expenditures, respectively, that are
made within 90 days before the date of the election.
This bill would revise the definitions to specify that those terms
also include contributions and independent expenditures that are
made on the date of the election.
The bill would also make conforming changes.
This bill would require the Secretary of State, in consultation
with the Fair Political Practices Commission, to develop a statewide
Internet-based system for the electronic filing and public display of
all records filed by or for specified entities. This bill would make
all other changes to existing law effected by the bill operative on
January 1 of the year following the year in which this system becomes
operative, as certified by the Secretary of State.
A violation of the act's provisions is punishable as a
misdemeanor. By expanding the scope of a crime, this bill 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 82036 of the Government Code is amended to
read:
82036. "Late contribution" means any of the following:
(a) A contribution, including a loan, that totals in the aggregate
one thousand dollars ($1,000) or more and is made to or received by
a candidate, a controlled committee, or a committee formed or
existing primarily to support or oppose a candidate or measure on the
date of the election, or during the 90-day period preceding the date
of the election, at which the candidate or measure is to be voted
on. For purposes of the Board of Administration of the Public
Employees' Retirement System and the Teachers' Retirement Board, "the
date of the election" is the deadline to return ballots.
(b) A contribution, including a loan, that totals in the aggregate
one thousand dollars ($1,000) or more and is made to or received by
a political party committee, as defined in Section 85205, on the date
of a state election or within 90 days before the date of a state
election.
SEC. 2. Section 82036.5 of the Government Code is amended to read:
82036.5. "Late independent expenditure" means an independent
expenditure that totals in the aggregate one thousand dollars
($1,000) or more and is made for or against a specific candidate or
measure involved in an election on the date of the election or during
the 90-day period preceding the date of the election. For purposes
of the Board of Administration of the Public Employees' Retirement
System and the Teachers' Retirement Board, "the date of the election"
is the deadline to return ballots.
SEC. 3. Section 82048.4 of the Government Code is amended to read:
82048.4. (a) "Slate mailer organization" means, except as
provided in subdivision (b), a person who, directly or indirectly,
does all of the following:
(1) Is involved in the production of one or more slate mailers and
exercises control over the selection of the candidates and measures
to be supported or opposed in the slate mailers.
(2) Receives or is promised payments totaling five hundred dollars
($500) or more in a calendar year for the production of one or more
slate mailers.
(b) "Slate mailer organization" does not include any of the
following:
(1) A candidate or officeholder or a candidate's or officeholder's
controlled committee.
(2) An official committee of a political party.
(3) A legislative caucus committee.
(4) A committee primarily formed to support or oppose a candidate,
officeholder, or ballot measure.
(c) The production and distribution of slate mailers by a slate
mailer organization shall not be considered making contributions or
expenditures for purposes of subdivision (b) or (c) of Section 82013.
If a slate mailer organization makes contributions or expenditures
other than by producing or distributing slate mailers, and it reports
those contributions and expenditures pursuant to Sections 84218 and
84219, no additional campaign reports shall be required of the slate
mailer organization pursuant to Section 84200, 84200.3, or 84200.5.
SEC. 4. Section 84101 of the Government Code is amended to read:
84101. (a) A committee that is a committee by virtue of
subdivision (a) of Section 82013 shall file a statement of
organization. The committee shall file the original of the statement
of organization with the Secretary of State and shall also file a
copy of the statement of organization with the local filing officer,
if any, with whom the committee is required to file the originals of
its campaign reports pursuant to Section 84215. The original and copy
of the statement of organization shall be filed within 10 days after
the committee has qualified as a committee. The Secretary of State
shall assign a number to each committee that files a statement of
organization and shall notify the committee of the number. The
Secretary of State shall send a copy of statements filed pursuant to
this section to the county elections official of each county that he
or she deems appropriate. A county elections official who receives a
copy of a statement of organization from the Secretary of State
pursuant to this section shall send a copy of the statement to the
clerk of each city in the county that he or she deems appropriate.
(b) In addition to filing the statement of organization as
required by subdivision (a), if a committee qualifies as a committee
under subdivision (a) of Section 82013 before the date of an election
in connection with which the committee is required to file
preelection statements, but after the closing date of the last
campaign statement required to be filed before the election pursuant
to Section 84200.8 or 84200.9, the committee shall file, by facsimile
transmission, online transmission, guaranteed overnight delivery, or
personal delivery within 24 hours of qualifying as a committee, the
information required to be reported in the statement of organization.
The information required by this subdivision shall be filed with the
filing officer with whom the committee is required to file the
originals of its campaign reports pursuant to Section 84215.
(c) If an independent expenditure committee qualifies as a
committee pursuant to subdivision (a) of Section 82013 during the
time period described in Section 82036.5 and makes independent
expenditures of one thousand dollars ($1,000) or more to support or
oppose a candidate or candidates for office, the committee shall
file, by facsimile transmission, online transmission, guaranteed
overnight delivery, or personal delivery within 24 hours of
qualifying as a committee, the information required to be reported in
the statement of organization. The information required by this
section shall be filed with the filing officer with whom the
committee is required to file the original of its campaign reports
pursuant to Section 84215, and shall be filed at all locations
required for the candidate or candidates supported or opposed by the
independent expenditures. The filings required by this section are in
addition to filings that may be required by Section 84204.
(d) For purposes of this section, in calculating whether one
thousand dollars ($1,000) in contributions has been received,
payments for a filing fee or for a statement of qualifications to
appear in a sample ballot shall not be included if these payments
have been made from the candidate's personal funds.
SEC. 5. Section 84103 of the Government Code is amended to read:
84103. (a) If there is a change in any of the information
contained in a statement of organization, an amendment shall be filed
within 10 days to reflect the change. The committee shall file the
original of the amendment with the Secretary of State and shall also
file a copy of the amendment with the local filing officer, if any,
with whom the committee is required to file the originals of its
campaign reports pursuant to Section 84215.
(b) In addition to filing an amendment to a statement of
organization as required by subdivision (a), a committee as defined
in subdivision (a) of Section 82013 shall, by facsimile transmission,
online transmission, guaranteed overnight delivery, or personal
delivery within 24 hours, notify the filing officer with whom it is
required to file the originals of its campaign reports pursuant to
Section 84215 if the change requiring the amendment occurs before the
date of the election in connection with which the committee is
required to file a preelection statement, but after the closing date
of the last preelection statement required to be filed for the
election pursuant to Section 84200.8, if any of the following
information is changed:
(1) The name of the committee.
(2) The name of the treasurer or other principal officers.
(3) The name of any candidate or committee by which the committee
is controlled or with which it acts jointly.
The notification shall include the changed information, the date
of the change, the name of the person providing the notification, and
the committee's name and identification number.
A committee may file a notification online only if the appropriate
filing officer is capable of receiving the notification in that
manner.
SEC. 6. Section 84200 of the Government Code is amended to read:
84200. (a) Except as otherwise provided in this section, elected
officers, candidates, and committees pursuant to subdivision (a) of
Section 82013 shall file semiannual statements each year no later
than July 31 for the period ending June 30, and no later than January
31 for the period ending December 31.
(1) A candidate who, during the past six months, has filed a
declaration pursuant to Section 84206 shall not be required to file a
semiannual statement for that six-month period.
(2) Elected officers whose salaries are less than two hundred
dollars ($200) a month, judges, judicial candidates, and their
controlled committees shall not file semiannual statements pursuant
to this subdivision for any six-month period in which they have not
made or received any contributions or made any expenditures.
(3) A judge who is not listed on the ballot for reelection to, or
recall from, any elective office during a calendar year shall not
file semiannual statements pursuant to this subdivision for any
six-month period in that year if both of the following apply:
(A) The judge has not received any contributions.
(B) The only expenditures made by the judge during the calendar
year are contributions from the judge's personal funds to other
candidates or committees totaling less than one thousand dollars
($1,000).
(b) All committees pursuant to subdivision (b) or (c) of Section
82013 shall file campaign statements each year no later than July 31
for the period ending June 30, and no later than January 31 for the
period ending December 31, if they have made contributions or
independent expenditures, including payments to a slate mailer
organization, during the six-month period before the closing date of
the statements.
(c) This section does not apply to an elected state officer, a
candidate for elective state office, or a committee that is subject
to Section 84200.3.
SEC. 7. Section 84200.3 is added to the Government Code, to read:
84200.3. (a) Except as provided in subdivision (b), elected state
officers, candidates for elective state office and their controlled
committees, committees primarily formed to support or oppose a
candidate for elective state office or a statewide ballot measure,
and committees formed pursuant to subdivision (a) of Section 82013
that are state general purpose committees pursuant to subdivision (b)
of Section 82027.5 shall file quarterly campaign statements each
year, as follows:
(1) No later than April 7 for the period commencing January 1 and
ending March 31.
(2) No later than July 31 for the period commencing April 1 and
ending June 30.
(3) No later than October 7 for the period commencing July 1 and
ending September 30.
(4) No later than January 31 for the period commencing October 1
and ending December 31.
(b) A committee formed pursuant to subdivision (b) or (c) of
Section 82013 that is a state general purpose committee pursuant to
subdivision (b) of Section 82027.5 shall file quarterly campaign
statements as required by subdivision (a), unless the committee has
not made contributions or independent expenditures during the
reporting period.
SEC. 8. Section 84200.5 of the Government Code is repealed.
SEC. 9. Section 84200.5 is added to the Government Code, to read:
84200.5. (a) Elected state officers, candidates for elective
state office, and committees filing quarterly campaign statements
pursuant to Section 84200.3 shall additionally file one preelection
statement and, as appropriate, a runoff preelection statement, as
follows:
(1) Candidates for elective state office being voted upon in a
state election, controlled committees of those candidates, and
committees primarily formed to support or oppose a candidate for
elective state office or a state ballot measure being voted on in
that election shall file the appropriate preelection statements
specified in subdivisions (b) and (c) of Section 84200.8.
(2) An elected state officer or candidate for elective state
office who, during the applicable reporting period covered by
subdivision (b) or (c) of Section 84200.8, makes a contribution to
any committee required to report receipts, expenditures, or
contributions pursuant to this title, or makes an independent
expenditure, in connection with a state election, shall file the
applicable preelection statements specified in subdivisions (b) and
(c) of Section 84200.8.
(3) (A) A state general purpose committee formed pursuant to
subdivision (a) of Section 82013, other than a political party
committee, as defined in Section 85205, shall file the applicable
preelection statements specified in subdivisions (b) and (c) of
Section 84200.8 if it makes contributions or independent expenditures
totaling five hundred dollars ($500) or more during the period
covered by the preelection statement.
(B) A state general purpose committee formed pursuant to
subdivision (b) or (c) of Section 82013 is not required to file the
preelection statements specified in Section 84200.8.
(4) A political party committee, as defined in Section 85205,
shall file the applicable preelection statements specified in
subdivisions (b) and (c) of Section 84200.8 in connection with a
state election if the committee receives contributions totaling one
thousand dollars ($1,000) or more, or if it makes contributions or
independent expenditures totaling five hundred dollars ($500) or
more, during the period covered by the preelection statement.
(b) Local elected officers, candidates for local elective office,
and committees filing semiannual statements pursuant to Section
84200, shall file two preelection statements and, as appropriate, a
runoff preelection statement, as follows:
(1) Candidates for county, multicounty district, or city elective
office being voted upon in an election, controlled committees of
those candidates, and committees primarily formed to support or
oppose a candidate or measure being voted on in a county, multicounty
district, or city election shall file the preelection statements
specified in Section 84200.8.
(2) (A) A county general purpose committee formed pursuant to
subdivision (a) of Section 82013 shall file the preelection
statements specified in Section 84200.8 if it makes contributions or
independent expenditures totaling five hundred dollars ($500) or more
in connection with a county election during the period covered by
the preelection statements.
(B) A county general purpose committee formed pursuant to
subdivision (b) or (c) of Section 82013 is not required to file the
preelection statements specified in Section 84200.8.
(3) City general purpose committees shall file the preelection
statements specified in Section 84200.8 if they make contributions or
independent expenditures totaling five hundred dollars ($500) or
more in connection with a city election during the period covered by
the preelection statement.
(c) For elections for the Board of Administration of the Public
Employees' Retirement System or the Teachers' Retirement Board,
candidates and committees shall file preelection statements, as
follows:
(1) During an election period for the Board of Administration of
the Public Employees' Retirement System or the Teachers' Retirement
Board, all candidates for these boards, their controlled committees,
and committees primarily formed to support or oppose the candidates
shall file the preelection statements specified in Section 84200.9.
(2) During an election period for the Board of Administration of
the Public Employees' Retirement System or the Teachers' Retirement
Board, a state or county general purpose committee formed pursuant to
subdivision (a) of Section 82013 shall file the preelection
statements specified in Section 84200.9 if it makes contributions or
independent expenditures totaling five hundred dollars ($500) or more
during the period covered by the preelection statement to support or
oppose a candidate, or a committee primarily formed to support or
oppose a candidate, on the ballot for the Board of Administration of
the Public Employees' Retirement System or the Teachers' Retirement
Board. A state or county general purpose committee formed pursuant to
subdivision (b) or (c) of Section 82013 is not required to file the
statements specified in Section 84200.9.
SEC. 10. Section 84200.6 of the Government Code is amended to
read:
84200.6. In addition to the campaign statements required by
Sections 84200, 84200.3, and 84200.5, all candidates and committees
shall file the following special statements and reports:
(a) Late contribution reports, when required by Section 84203.
(b) Late independent expenditure reports, when required by Section
84204.
SEC. 11. Section 84200.7 of the Government Code is repealed.
SEC. 12. Section 84202.3 of the Government Code is repealed.
SEC. 13. Section 84202.5 of the Government Code is repealed.
SEC. 14. Section 84202.7 of the Government Code is repealed.
SEC. 15. Section 84203.5 of the Government Code is repealed.
SEC. 16. Section 84215 of the Government Code is amended to read:
84215. All candidates and elected officers and their controlled
committees, except as provided in subdivisions (d) and (e) of this
section and subdivision (h) of Section 84605, shall file one copy of
the campaign statements required by Sections 84200 and 84200.3 with
the elections official of the county in which the candidate or
elected official is domiciled, as defined in subdivision (b) of
Section 349 of the Elections Code. In addition, campaign statements
shall be filed at the following places:
(a) Statewide elected officers, including members of the State
Board of Equalization; Members of the Legislature; Supreme Court
justices, court of appeal justices, and superior court judges;
candidates for those offices and their controlled committees;
committees formed or existing primarily to support or oppose these
candidates, elected officers, justices and judges, or statewide
measures, or the qualification of state ballot measures; and all
state general purpose committees and filers not specified in
subdivisions (b) to (e), inclusive, shall file a campaign statement
by online or electronic means, as specified in Section 84605, and
shall file the original and one copy of the campaign statement in
paper format with the Secretary of State.
(b) Elected officers in jurisdictions other than legislative
districts, State Board of Equalization districts, or appellate court
districts that contain parts of two or more counties, candidates for
these offices, their controlled committees, and committees formed or
existing primarily to support or oppose candidates or local measures
to be voted upon in one of these jurisdictions shall file the
original and one copy with the elections official of the county with
the largest number of registered voters in the jurisdiction.
(c) County elected officers, candidates for these offices, their
controlled committees, committees formed or existing primarily to
support or oppose candidates or local measures to be voted upon in
any number of jurisdictions within one county, other than those
specified in subdivision (d), and county general purpose committees
shall file the original and one copy with the elections official of
the county, subject to subdivision (j) of Section 84615 with respect
to statements filed online or electronically.
(d) City elected officers, candidates for city office, their
controlled committees, committees formed or existing primarily to
support or oppose candidates or local measures to be voted upon in
one city, and city general purpose committees shall file the original
and one copy with the clerk of the city and are not required to file
with the local elections official of the county in which they are
domiciled, subject to subdivision (j) of Section 84615 with respect
to statements filed online or electronically.
(e) Elected members of the Board of Administration of the Public
Employees' Retirement System, elected members of the Teachers'
Retirement Board, candidates for these offices, their controlled
committees, and committees formed or existing primarily to support or
oppose these candidates or elected members shall file the original
and one copy with the Secretary of State, and a copy shall be filed
at the relevant board's office in Sacramento. These elected officers,
candidates, and committees need not file with the elections official
of the county in which they are domiciled.
(f) Notwithstanding any other provision of this section, a
committee, candidate, or elected officer is not required to file more
than the original and one copy, or one copy, of a campaign statement
with any one county elections official or city clerk or with the
Secretary of State.
(g) If a committee is required to file campaign statements
required by Section 84200, 84200.3, or 84200.5 in places designated
in subdivisions (a) to (d), inclusive, it shall continue to file
these statements in those places, in addition to any other places
required by this title, until the end of the calendar year.
SEC. 17. Section 84218 of the Government Code is amended to read:
84218. (a) A slate mailer organization shall file semiannual
campaign statements no later than July 31 for the period ending June
30, and no later than January 31 for the period ending December 31.
(b) In addition to the semiannual statements required by
subdivision (a), a slate mailer organization which produces a slate
mailer supporting or opposing candidates or measures being voted on
in an election shall file the statements specified in Section 84200.8
if, during the period covered by the preelection statement, the
slate mailer organization receives payments totaling five hundred
dollars ($500) or more from any person for the support of or
opposition to candidates or ballot measures in one or more slate
mailers, or expends five hundred dollars ($500) or more to produce
one or more slate mailers.
(c) A slate mailer organization shall file two copies of its
campaign reports with the clerk of the county in which it is
domiciled. A slate mailer organization is domiciled at the address
listed on its statement of organization unless it is domiciled
outside California, in which case its domicile shall be deemed to be
Los Angeles County for purposes of this section.
In addition, slate mailer organizations shall file campaign
reports as follows:
(1) A slate mailer organization which produces one or more slate
mailers supporting or opposing candidates or measures voted on in a
state election, or in more than one county, shall file campaign
reports in the same manner as state general purpose committees
pursuant to subdivision (a) of Section 84215.
(2) A slate mailer organization which produces one or more slate
mailers supporting or opposing candidates or measures voted on in
only one county, or in more than one jurisdiction within one county,
shall file campaign reports in the same manner as county general
purpose committees pursuant to subdivision (c) of Section 84215.
(3) A slate mailer organization which produces one or more slate
mailers supporting or opposing candidates or measures voted on in
only one city shall file campaign reports in the same manner as city
general purpose committees pursuant to subdivision (d) of Section
84215.
(4) Notwithstanding the above, no slate mailer organization shall
be required to file more than the original and one copy, or two
copies, of a campaign report with any one county or city clerk or
with the Secretary of State.
SEC. 18. Section 84252 of the Government Code is amended to read:
84252. A committee primarily formed to support or oppose a LAFCO
proposal shall file all statements required under this chapter
except that, in lieu of the statements required by Section 84200, the
committee shall file monthly campaign statements from the time
circulation of a petition begins until a measure is placed on the
ballot or, if a measure is not placed on the ballot, until the
committee is terminated pursuant to Section 84214. The committee
shall file an original and one copy of each statement on the 15th day
of each calendar month, covering the prior calendar month, with the
clerk of the county in which the measure may be voted on. If the
petition results in a measure that is placed on the ballot, the
committee thereafter shall file campaign statements required by this
chapter.
SEC. 19. Section 84620 is added to the Government Code, to read:
84620. (a) The Secretary of State, in consultation with the
Commission, shall develop a statewide Internet-based system for the
electronic filing and public display of all records filed with the
Secretary of State pursuant to this title, including, but not limited
to, statements of organization, campaign statements, reports,
registrations, and certifications filed by or for any of the
following:
(1) An officeholder account or legal defense fund.
(2) A committee that is primarily formed to support or oppose one
or more candidates for elective state office or one or more statewide
ballot measures, including, but not limited to, major donor and
independent expenditure committees formed pursuant to subdivisions
(b) and (c) of Section 82013.
(3) A slate mailer organization.
(4) A lobbyist, lobbying firm, or lobbyist employer.
(5) A multipurpose organization that is required to file any
report pursuant to this title.
(b) The system developed pursuant to subdivision (a) shall provide
both of the following:
(1) Search capabilities that are data-driven and user-friendly for
members of the public.
(2) Regular availability of all filings in a raw, machine-readable
data format that may be downloaded by members of the public.
SEC. 20. 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. 21. Sections 1 to 18, inclusive, of this act shall become
operative on January 1 of the year following the year in which the
statewide Internet-based system established pursuant to Section 84620
of the Government Code becomes operational, as certified by the
Secretary of State.
SEC. 22. 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.
