Bill Text: CA AB1146 | 2011-2012 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Political Reform Act of 1974.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2012-07-03 - In committee: Set first hearing. Failed passage. Reconsideration granted. [AB1146 Detail]
Download: California-2011-AB1146-Amended.html
Bill Title: Political Reform Act of 1974.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2012-07-03 - In committee: Set first hearing. Failed passage. Reconsideration granted. [AB1146 Detail]
Download: California-2011-AB1146-Amended.html
BILL NUMBER: AB 1146 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 21, 2012
AMENDED IN ASSEMBLY APRIL 25, 2011
INTRODUCED BY Assembly Member Norby
FEBRUARY 18, 2011
An act to amend Sections 84203.5, 84211, 84300, and 84304
of 56100.1, 82036.5, 83124, 84 101, 84103,
84108, 84202.3, 84202.7, 84203.3, 84203.5, 84204.5, 84211, 84216,
84216.5, 84300, 84304, 84308, 84602, 84604, 84605, 84609, 85304,
85306, 85310, 85315, 85316, 85501, 89510, 89511.5, and 89512.5 of, to
repeal Sections 84200.6, 84202.5, 84203, 84205, 84209, 84220, 85301,
85302, 85303, 85305, 85307, 85309, 85314, and 85321 of, to repeal
Article 2.5 (commencing with Section 84250) of Chapter 4 of Title 9
of, and to repeal and add Section 84200 of, the Government
Code, relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 1146, as amended, Norby. Political Reform Act of 1974
: contribution limits .
The Political Reform Act of 1974 imposes various limitations on
contributions that may be made to, or accepted by, candidates for
elective office and campaign committees that support or oppose
candidates and ballot measures, including, among other things,
limiting the maximum dollar amount of contributions that may be
accepted by candidates for elective state office, and limiting
contributions to an officer of an agency from a party who has a
financial interest in a permit or license proceeding before that
agency. The act also prohibits a foreign government or foreign
principal from making a contribution, expenditure, or independent
expenditure in connection with the qualification or support of, or
opposition to, any state or local ballot measure.
This bill would repeal these limitations on contributions that may
be made to, or accepted by, candidates for elective office. The bill
would also repeal the prohibition against a foreign government or
foreign principal from making a contribution, expenditure, or
independent expenditure in connection with the qualification or
support of, or opposition to, any state or local ballot measure.
The act requires candidates and committees to file specified
campaign finance reports, including semiannual statements,
preelection statements, supplemental preelection statements, and late
contribution reports, that include prescribed campaign finance
information.
This bill would repeal the requirements to file certain of these
reports, including the semiannual statements, the supplemental
preelection statements, and the late contribution reports. This bill
would require, in addition to filing preelection statements, that a
candidate or committee who makes or receives a contribution of $200
or more report that contribution to specified filing officers within
24 hours of receiving the contribution. The bill would require a
candidate or committee making the contribution to report his, her, or
its full name and address, the full name and address of the
recipient, the office sought by the candidate or the ballot measure,
as appropriate, and the date and amount of the contribution. The bill
would require the recipient of the contribution to report his, her,
or its full name and address, the date and amount of the
contribution, whether the contribution is in the form of a loan, and
the full name of the contributor, and his or her street address,
occupation, and employer or the name of the business, if
self-employed.
The bill would require a candidate or committee that makes an
expenditure of $200 or more to report the expenditure to specified
filing officers within 24 hours. The bill would require the candidate
or committee making the expenditure to report his, her, or its full
name and street address, the amount of the expenditure, the full name
and street address for the person to whom the expenditure was made,
and a brief description of the consideration for which the
expenditure was made. The bill would require the disclosure of
additional information if the expenditure is a contribution to a
candidate, elected officer, or committee or an independent
expenditure to support or oppose a candidate or measure.
The bill would require a candidate or committee who is required to
report a contribution or expenditure to the Secretary of State to
file that report online or by electronic transmission only, and would
also require that a copy of the report be filed with the Commission
by online or electronic transmission.
The act prohibits any contribution of $100 or more from being made
in cash. The act also prohibits anonymous contributions of $100 or
more to a candidate, committee, or person. The act also establishes
$100 as the threshold for reporting certain contributions and
expenditures in certain campaign reports.
This bill would increase the threshold to $200 for cash
contributions, anonymous contributions, and the reporting of the
above-mentioned contributions and expenditures.
The bill would also make conforming changes.
By increasing the duties of local government officials, 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 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.
Existing law, the Political Reform Act of 1974, prohibits
anonymous campaign contributions of $100 or more to a candidate,
committee, or other person in a calendar year. Existing law also
requires that the value of all in-kind contributions of $100 or more
be reported in writing to the recipient upon the recipient's written
request. Existing law further requires that detailed specified
information be reported for each person to whom independent
expenditures are made, or from whom contributions are received,
totalling $100 or more during a reporting period.
This bill would find that the current limit of $100 was
established more than 30 years ago and would raise the limit for
anonymous contributions and the threshold for reporting as to
contributions and independent expenditures to $200.
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 majority . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(A)
(a) Under the Federal Election Campaign Act
(U.S.C. (2 U.S.C. Sec. 431 et seq.), political
committees for federal campaigns must disclose contributions having
an aggregate amount, in a calendar year, of two hundred dollars
($200).
(B)
(b) The current one hundred dollar ($100) limit for
anonymous contributions for California campaigns under the Political
Reform Act of 1974 was established more than 30 years ago.
(C)
(c) An increase in the limit for anonymous
contributions under the Political Reform Act of 1974 is necessary to
maintain the limit at a level consistent with that set at the time
the act was enacted.
SEC. 2. Section 56100.1 of the
Government Code is amended to read:
56100.1. (a) Contributions and expenditures for political
purposes related to a proposal or proceeding shall be disclosed and
reported pursuant to Article 2.5 2
(commencing with Section 84250) 84200)
of Chapter 4 of the Political Reform Act of 1974 (Title 9 (commencing
with Section 81000)).
(b) A commission may require, through the adoption of written
policies and procedures, additional disclosure of contributions in
support of or opposition to a proposal, which shall be made either to
the commission's executive officer, in which case it shall be posted
on the commission's Internet Web site, if applicable, or to the
board of supervisors of the county in which the commission is
located, which may designate a county officer to receive the
disclosure. Disclosure pursuant to a requirement under the authority
provided in this section shall be in addition to any disclosure
otherwise required by Section 56700.1, 57009, or local ordinance.
SEC. 3. Section 82036.5 of the
Government Code is amended to read:
82036.5. "Late independent expenditure" means any independent
expenditure that totals in the aggregate one thousand dollars
($1,000) or more and is made for or against any specific candidate or
measure involved in an election within the 12 days before
the date of the election but after the closing date of the
last campaign statement required to be filed prior to the election by
a candidate or committee participating in 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. 4. Section 83124 of the Government
Code is amended to read:
83124. The commission Commission
shall adjust the contribution limitations and
voluntary expenditure limitations provisions in Sections
85301, 85302, 85303, and Section 85400 in
January of every odd-numbered year to reflect any increase or
decrease in the Consumer Price Index. Those adjustments shall be
rounded to the nearest one hundred dollars ($100) for
limitations on contributions and one thousand dollars
($1,000) for limitations on expenditures .
SEC. 5. 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 within the 12 days
before the date of an election in connection with which the committee
is required to file preelection campaign
statements, but after the closing date of the last
campaign statement required to be filed before the election pursuant
to Section 84200.7, 84200.8, or 84200.9, the committee
shall file, by facsimile 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 Sections
84203.5 and 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. 6. Section 84103 of the Government
Code is amended to read:
84103. (a) Whenever 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 when the change requiring the amendment occurs
within the 12 days before the date of the election in
connection with which the committee is required to file a
preelection campaign statement , but
after the closing date of the last preelection statement required to
be filed for the election pursuant to Section 84200.7 or 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. 7. Section 84108 of the Government
Code is amended to read:
84108. (a) Every slate mailer organization shall comply with the
requirements of Sections 84100, 84101, 84103, and 84104.
(b) The statement of organization of a slate mailer organization
shall include:
(1) The name, street address, and telephone number of the
organization. In the case of an individual or business entity that
qualifies as a slate mailer organization, the name of the slate
mailer organization shall include the name by which the individual or
entity is identified for legal purposes. Whenever identification of
a slate mailer organization is required by this title, the
identification shall include the full name of the slate mailer
organization as contained in its statement of organization.
(2) The full name, street address, and telephone number of the
treasurer and other principal officers.
(3) The full name, street address, and telephone number of each
person with final decisionmaking authority as to which candidates or
measures will be supported or opposed in the organization's slate
mailers.
(c) The statement of organization shall be filed with the
Secretary of State within 10 days after the slate mailer organization
receives or is promised five hundred dollars ($500) or more for
producing one or more slate mailers. However, if an entity qualifies
as a slate mailer organization within the 12 days before
the date of an election in which it is required to file
preelection campaign statements , but
after the closing date of the last campaign statement required to be
filed before the election pursuant to Section 84218 , the
slate mailer organization shall file with the Secretary of State, by
facsimile transmission, guaranteed overnight delivery, or personal
delivery within 24 hours of qualifying as a slate mailer
organization, the information required to be reported in the
statement of organization.
SEC. 8. Section 84200 of the Government
Code is repealed.
84200. (a) Except as provided in paragraphs (1), (2), and (3),
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.
SEC. 9. Section 84200 is added to the
Government Code , to read:
84200. (a) (1) Each candidate or committee that makes or receives
a contribution of two hundred dollars ($200) or more shall report
the contribution to each office with which the candidate or committee
is required to file its statements pursuant to Section 84215 or
84218. The candidate or committee that makes the contribution shall
report his or her full name and street address and the full name and
street address of the person to whom the contribution has been made,
the office sought if the recipient is a candidate, or the ballot
measure number or letter if the recipient is a committee primarily
formed to support or oppose a ballot measure, and the date and amount
of the contribution. The recipient of the contribution shall report
his or her full name and street address, the date and amount of the
contribution, and whether the contribution was made in the form of a
loan. The recipient shall also report the full name of the
contributor, his or her street address, occupation, and the name of
his or her employer, or if self-employed, the name of the business.
(2) A contribution need not be reported, nor shall it be deemed
accepted, if it is not cashed, negotiated, or deposited and is
returned to the contributor within 24 hours of its receipt.
(b) Each candidate or committee that makes an expenditure of two
hundred dollars ($200) or more shall report the expenditure to each
office with which the candidate or committee is required to file its
statements pursuant to Section 84215 or 84218. The candidate or
committee that makes the expenditure shall report his or her full
name and street address, the amount of the expenditure, the full name
and street address for the person to whom the expenditure was made,
and a brief description of the consideration for which the
expenditure was made. In the case of an expenditure that is a
contribution to a candidate, elected officer, or committee or an
independent expenditure to support or oppose a candidate or measure,
the report shall also include the date of the contribution or
independent expenditure, the cumulative amount of contributions made
to the candidate, elected officer, or committee, or the cumulative
amount of independent expenditures made relative to a candidate or
measure, the full name of the candidate, and the office and district
for which he or she seeks nomination or election, or the number or
letter of the measure, and the jurisdiction in which the measure or
candidate is voted upon.
(c) A contribution or expenditure shall be reported by facsimile
transmission, guaranteed overnight delivery, or personal delivery
within 24 hours of the time it is made in the case of the candidate
or committee that makes the contribution or expenditure and within 24
hours of the time a contribution is received in the case of the
recipient. If a contribution or expenditure is required to be
reported to the Secretary of State, the report to the Secretary of
State shall be by online or electronic transmission only, with a copy
sent to the Commission by online electronic transmission.
SEC. 10. Section 84200.6 of the
Government Code is repealed.
84200.6. In addition to the campaign statements required by
Sections 84200 and 84200.5, all candidates and committees shall file
the following special statements and reports:
(a) Supplemental preelection statements when required by Section
84202.5.
(b) Late contribution reports when required by Section 84203.
(c) Independent expenditure reports when required by Section
84203.5.
(d) Late independent expenditure reports when required by Section
84204.
SEC. 11. Section 84202.3 of the
Government Code is amended to read:
84202.3. (a) In addition to the campaign statements required by
Section 84200, committees pursuant to subdivision (a) of Section
82013 that are primarily formed to support or oppose the
qualification, passage, or defeat of a measure and proponents of a
state ballot measure who control a committee formed or existing
primarily to support the qualification, passage, or defeat of a state
ballot measure, shall file campaign statements on the following
dates:
(1) No later than April 30 for the period January 1
through to March 31 , inclusive
.
(2) No later than October 31 for the period July 1
through to September 30 , inclusive .
(b) This section shall not apply to a committee during any
semiannual period in which the committee is required to file
preelection statements pursuant to subdivision (a), (b), or (c) of
Section 84200.5.
(c)
(b ) This section shall not apply to a
committee following the election at which the measure is voted upon
unless the committee makes contributions or expenditures to support
or oppose the qualification or passage of another ballot measure.
SEC. 12. Section 84202.5 of the
Government Code is repealed.
84202.5. (a) Any candidate or any committee pursuant to
subdivision (a) of Section 82013 which makes contributions totaling
ten thousand dollars ($10,000) or more in connection with an
election, including a runoff election, shall file a supplemental
preelection statement no later than 12 days before the election, for
the period ending 17 days before the election. This statement shall
be filed by guaranteed overnight delivery service or by personal
delivery with each office with which the candidate or committee
filing the statement is required to file its next campaign statement
pursuant to Section 84215.
(b) This section shall not apply to candidates or committees
during any semiannual period in which the candidate or committee is
required to file preelection statements pursuant to Section 84200.5.
(c) If a candidate or committee makes contributions totaling ten
thousand dollars ($10,000) or more in connection with an election and
all of those contributions are reported pursuant to Section 84200 or
84202.7 on or before the closing date specified in subdivision (a),
the candidate or committee shall not be required to file additional
statements for that period pursuant to this section.
SEC. 13. Section 84202.7 of the
Government Code is amended to read:
84202.7. (a)
Except as provided in subdivision (b), during During
an odd-numbered year, any committee by virtue of Section 82013
that makes contributions totaling ten thousand dollars ($10,000) or
more to elected state officers, their controlled committees, or
committees primarily formed to support or oppose any elected state
officer during a period specified below shall file campaign
statements on the following dates:
(1)
( a) No later than April 30 for the period
of January 1 through to March 31 ,
inclusive .
(2)
(b ) No later than October 31 for the period
of July 1 through to September 30
, inclusive .
(b) If a committee makes contributions totaling ten thousand
dollars ($10,000) or more to elected state officers, their controlled
committees, or committees primarily formed to support or oppose any
elected state officer during a period specified in subdivision (a),
and all of those contributions are reported pursuant to Section
84202.5 on or before the time specified in subdivision (a), the
committee shall not be required to file additional statements for
that period pursuant to this section.
SEC. 14. Section 84203 of the
Government Code is repealed.
84203. (a) Each candidate or committee that makes or receives a
late contribution, as defined in Section 82036, shall report the late
contribution to each office with which the candidate or committee is
required to file its next campaign statement pursuant to Section
84215. The candidate or committee that makes the late contribution
shall report his or her full name and street address and the full
name and street address of the person to whom the late contribution
has been made, the office sought if the recipient is a candidate, or
the ballot measure number or letter if the recipient is a committee
primarily formed to support or oppose a ballot measure, and the date
and amount of the late contribution. The recipient of the late
contribution shall report his or her full name and street address,
the date and amount of the late contribution, and whether the
contribution was made in the form of a loan. The recipient shall also
report the full name of the contributor, his or her street address,
occupation, and the name of his or her employer, or if self-employed,
the name of the business.
(b) A late contribution shall be reported by facsimile
transmission, guaranteed overnight delivery, or personal delivery
within 24 hours of the time it is made in the case of the candidate
or committee that makes the contribution and within 24 hours of the
time it is received in the case of the recipient. If a late
contribution is required to be reported to the Secretary of State,
the report to the Secretary of State shall be by online or electronic
transmission only. A late contribution shall be reported on
subsequent campaign statements without regard to reports filed
pursuant to this section.
(c) A late contribution need not be reported nor shall it be
deemed accepted if it is not cashed, negotiated, or deposited and is
returned to the contributor within 24 hours of its receipt.
(d) A report filed pursuant to this section shall be in addition
to any other campaign statement required to be filed by this chapter.
(e) The report required pursuant to this section is not required
to be filed by a candidate or committee that has disclosed the late
contribution pursuant to subdivision (a) or (b) of Section 85309.
SEC. 15. Section 84203.3 of the
Government Code is amended to read:
84203.3. (a) Any candidate
or committee that makes a late contribution that
is an in-kind contribution shall notify the recipient in writing of
the value of the in-kind contribution. The notice shall be received
by the recipient within 24 hours of the time the contribution is
made.
(b) Nothing in this section shall relieve a candidate or committee
that makes a late in-kind contribution or the recipient of a late
in-kind contribution from the requirement to file late contribution
reports pursuant to Section 84203. However, a report filed by the
recipient of a late in-kind contribution shall be deemed timely filed
if it is received by the filing officer within 48 hours of the time
the contribution is received.
SEC. 2. SEC. 16. Section 84203.5 of
the Government Code is amended to read:
84203.5. (a) In addition to any campaign statements required by
this article, if a candidate or committee has made independent
expenditures totaling one thousand dollars ($1,000) or more in a
calendar year to support or oppose a candidate, a measure, or
qualification of a measure, it shall file independent expenditure
reports at the same time, covering the same periods, and in
the places where the candidate or committee would be required to file
campaign statements under this article, as if it were formed or
existing primarily to support or oppose the candidate or measure or
qualification of the measure. No independent expenditure report need
be filed to cover a period for which there has been no activity to
report times prescribed by the Commission .
(b) An independent expenditure report shall contain the following
information:
(1) The name, street address, and telephone number of the
candidate or committee making the expenditure and of the committee's
treasurer, and the number assigned to the committee by the Secretary
of State.
(2) If the report is related to a candidate, the full name of the
candidate and the office and district for which the candidate seeks
nomination or election. If the report is related to a measure or
qualification of a measure, the number or letter of the measure, or
if none has yet been assigned, a brief description of the subject
matter of the measure, and the jurisdiction in which the measure is
to be voted on or would be voted on if it qualified.
(3) The total amount of expenditures related to the candidate or
measure during the period covered by the report made to persons who
have received less than two hundred dollars ($200).
(4) The total amount of expenditures related to the candidate or
measure during the period covered by the report made to persons who
have received two hundred dollars ($200) or more.
(5) For each person to whom an expenditure of two hundred dollars
($200) or more related to the candidate or measure has been made
during the period covered by the report and for each person who has
provided consideration for an expenditure of two hundred dollars
($200) or more during the period covered by the
report:
(A) His or her full name.
(B) His or her street address.
(C) If the person is a committee, the name of the committee, the
number assigned to the committee by the Secretary of State, or if no
number has been assigned, the full name and street address of the
treasurer of the committee.
(D) The date of the expenditure.
(E) The amount of the expenditure.
(F) A brief description of the consideration for which each
expenditure was made and the value of the consideration if less than
the total amount of the expenditure.
(G) The cumulative amount of expenditures to such
the person.
(6) A list of all the filing officers with whom the committee
filed its most recent campaign statement.
(c) Filing officers shall maintain paper reports filed pursuant to
this section under the name of the candidate or measure supported or
opposed by the independent expenditure.
SEC. 3. Section 84211 of the Government Code is
amended to read:
84211. Each campaign statement required by this article shall
contain all of the following information:
(a) The total amount of contributions received during the period
covered by the campaign statement and the total cumulative amount of
contributions received.
(b) The total amount of expenditures made during the period
covered by the campaign statement and the total cumulative amount of
expenditures made.
(c) The total amount of contributions received during the period
covered by the campaign statement from persons who have given a
cumulative amount of two hundred dollars ($200) or more.
(d) The total amount of contributions received during the period
covered by the campaign statement from persons who have given a
cumulative amount of less than two hundred dollars ($200).
(e) The balance of cash and cash equivalents on hand at the
beginning and the end of the period covered by the campaign
statement.
(f) If the cumulative amount of contributions (including loans)
received from a person is two hundred dollars ($200) or more and a
contribution or loan has been received from that person during the
period covered by the campaign statement, all of the following:
(1) His or her full name.
(2) His or her street address.
(3) His or her occupation.
(4) The name of his or her employer, or if self-employed, the name
of the business.
(5) The date and amount received for each contribution received
during the period covered by the campaign statement and if the
contribution is a loan, the interest rate for the loan.
(6) The cumulative amount of contributions.
(g) If the cumulative amount of loans received from or made to a
person is two hundred dollars ($200) or more, and a loan has been
received from or made to a person during the period covered by the
campaign statement, or is outstanding during the period covered by
the campaign statement, all of the following:
(1) His or her full name.
(2) His or her street address.
(3) His or her occupation.
(4) The name of his or her employer, or if self-employed, the name
of the business.
(5) The original date and amount of each loan.
(6) The due date and interest rate of the loan.
(7) The cumulative payment made or received to date at the end of
the reporting period.
(8) The balance outstanding at the end of the reporting period.
(9) The cumulative amount of contributions.
(h) For each person, other than the filer, who is directly,
indirectly, or contingently liable for repayment of a loan received
or outstanding during the period covered by the campaign statement,
all of the following:
(1) His or her full name.
(2) His or her street address.
(3) His or her occupation.
(4) The name of his or her employer, or if self-employed, the name
of the business.
(5) The amount of his or her maximum liability outstanding.
(i) The total amount of expenditures made during the period
covered by the campaign statement to persons who have received two
hundred dollars ($200) or more.
(j) The total amount of expenditures made during the period
covered by the campaign statement to persons who have received less
than two hundred dollars ($200).
(k) For each person to whom an expenditure of two hundred dollars
($200) or more has been made during the period covered by the
campaign statement, all of the following:
(1) His or her full name.
(2) His or her street address.
(3) The amount of each expenditure.
(4) A brief description of the consideration for which each
expenditure was made.
(5) In the case of an expenditure which is a contribution to a
candidate, elected officer, or committee or an independent
expenditure to support or oppose a candidate or measure, in addition
to the information required in paragraphs (1) to (4), inclusive, the
date of the contribution or independent expenditure, the cumulative
amount of contributions made to a candidate, elected officer, or
committee, or the cumulative amount of independent expenditures made
relative to a candidate or measure; the full name of the candidate,
and the office and district for which he or she seeks nomination or
election, or the number or letter of the measure; and the
jurisdiction in which the measure or candidate is voted upon.
(6) The information required in paragraphs (1) to (4), inclusive,
for each person, if different from the payee, who has provided
consideration for an expenditure of five hundred dollars ($500) or
more during the period covered by the campaign statement.
For purposes of subdivisions (i), (j), and (k) only, the terms
"expenditure" or "expenditures" mean any individual payment or
accrued expense, unless it is clear from surrounding circumstances
that a series of payments or accrued expenses are for a single
service or product.
( l ) In the case of a controlled committee,
an official committee of a political party, or an organization formed
or existing primarily for political purposes, the amount and source
of any miscellaneous receipt.
(m) If a committee is listed pursuant to subdivision (f), (g),
(h), (k), ( l ), or (q), the number assigned to the
committee by the Secretary of State shall be listed, or if no number
has been assigned, the full name and street address of the treasurer
of the committee.
(n) In a campaign statement filed by a candidate who is a
candidate in both a state primary and general election, his or her
controlled committee, or a committee primarily formed to support or
oppose such a candidate, the total amount of contributions received
and the total amount of expenditures made for the period January 1 to
June 30, inclusive, and the total amount of contributions received
and expenditures made for the period July 1 to December 31,
inclusive.
(o) The full name, residential or business address, and telephone
number of the filer, or in the case of a campaign statement filed by
a committee defined by subdivision (a) of Section 82013, the name,
street address, and telephone number of the committee and of the
committee treasurer. In the case of a committee defined by
subdivision (b) or (c) of Section 82013, the name that the filer uses
on campaign statements shall be the name by which the filer is
identified for other legal purposes or any name by which the filer is
commonly known to the public.
(p) If the campaign statement is filed by a candidate, the name,
street address, and treasurer of any committee of which he or she has
knowledge which has received contributions or made expenditures on
behalf of his or her candidacy and whether the committee is
controlled by the candidate.
(q) A contribution need not be reported nor shall it be deemed
accepted if it is not cashed, negotiated, or deposited and is
returned to the contributor before the closing date of the campaign
statement on which the contribution would otherwise be reported.
(r) If a committee primarily formed for the qualification or
support of, or opposition to, an initiative or ballot measure is
required to report an expenditure to a business entity pursuant to
subdivision (k) and 50 percent or more of the business entity is
owned by a candidate or person controlling the committee, by an
officer or employee of the committee, or by a spouse of any of these
individuals, the committee's campaign statement shall also contain,
in addition to the information required by subdivision (k), that
person's name, the relationship of that person to the committee, and
a description of that person's ownership interest or position with
the business entity.
(s) If a committee primarily formed for the qualification or
support of, or opposition to, an initiative or ballot measure is
required to report an expenditure to a business entity pursuant to
subdivision (k), and a candidate or person controlling the committee,
an officer or employee of the committee, or a spouse of any of these
individuals is an officer, partner, consultant, or employee of the
business entity, the committee's campaign statement shall also
contain, in addition to the information required by subdivision (k),
that person's name, the relationship of that person to the committee,
and a description of that person's ownership interest or position
with the business entity.
(t) If the campaign statement is filed by a committee, as defined
in subdivision (b) or (c) of Section 82013, information sufficient to
identify the nature and interests of the filer, including:
(1) If the filer is an individual, the name and address of the
filer's employer, if any, or his or her principal place of business
if the filer is self-employed, and a description of the business
activity in which the filer or his or her employer is engaged.
(2) If the filer is a business entity, a description of the
business activity in which it is engaged.
(3) If the filer is an industry, trade, or professional
association, a description of the industry, trade, or profession
which it represents, including a specific description of any portion
or faction of the industry, trade, or profession which the
association exclusively or primarily represents.
(4) If the filer is not an individual, business entity, or
industry, trade, or professional association, a statement of the
person's nature and purposes, including a description of any
industry, trade, profession, or other group with a common economic
interest which the person principally represents or from which its
membership or financial support is principally derived.
SEC. 17. Section 84204.5 of the
Government Code is amended to read:
84204.5. (a) In addition to any other report required by this
title, a committee pursuant to subdivision (a) of Section 82013 that
is required to file reports pursuant to Section 84605 shall file
online or electronically with the Secretary of State each time
it makes contributions totaling five thousand dollars
($5,000) or more or each time it makes independent
expenditures totaling five thousand dollars ($5,000) or more to
support or oppose the qualification or passage of a single state
ballot measure. The report shall be filed within 10 business days of
making the contributions or independent expenditures and shall
contain all of the following:
(1) The full name, street address, and identification number of
the committee.
(2) The number or letter of the measure if the measure has
qualified for the ballot and has been assigned a number or letter;
the title of the measure if the measure has not been assigned a
number or letter but has been issued a title by the Attorney General;
or the subject of the measure if the measure has not been assigned a
number or letter and has not been issued a title by the Attorney
General.
(3) In the case of a contribution, the date and amount of the
contribution and the name, address, and identification number of the
committee to whom the contribution was made. In addition, the report
shall include the information required by paragraphs (1) to (5),
inclusive, of subdivision (f) of Section 84211, regarding
contributions or loans received from a person described in that
subdivision, covering the period from the day after the closing date
of the last campaign report filed to the date of the contribution
requiring a report under this section, or if the committee has not
previously filed a campaign statement, covering the period from the
previous January 1 to the date of the contribution requiring a report
under this section. No information described in paragraphs (1) to
(5), inclusive, of subdivision (f) of Section 84211 that is required
to be reported pursuant to this subdivision is required to be
reported in more than one report provided for in this subdivision for
each contribution or loan received from a person described in
subdivision (f) of Section 84211.
(4) In the case of an independent expenditure, the date, amount,
and a description of the goods or services for which the expenditure
was made. In addition, the report shall include the information
required by paragraphs (1) to (5), inclusive, of subdivision (f) of
Section 84211 regarding contributions or loans received from a person
described in that subdivision, covering the period from the day
after the closing date of the last campaign report filed to the date
of the expenditure, or if the committee has not previously filed a
campaign statement, covering the period from the previous January 1
to the date of the expenditure. No information described in
paragraphs (1) to (5), inclusive, of subdivision (f) of Section 84211
that is required to be reported pursuant to this subdivision is
required to be reported in more than one report provided for in this
subdivision for each contribution or loan received from a person
described in subdivision (f) of Section 84211.
(3) The date, amount, and a description of the goods or services
for which the expenditure was made. In addition, the report shall
include the information required by paragraphs (1) to (5), inclusive,
of subdivision (f) of Section 84211 regarding contributions or loans
received from a person described in that subdivision, covering the
period from the day after the closing date of the last campaign
report filed to the date of the expenditure, or if the committee has
not previously filed a campaign statement, covering the period from
the previous January 1 to the date of the expenditure. No information
described in paragraphs (1) to (5), inclusive, of subdivision (f) of
Section 84211 that is required to be reported pursuant to this
subdivision is required to be reported in more than one report
provided for in this subdivision for each contribution or loan
received from a person described in subdivision (f) of Section 84211.
(b) Reports required by this section are not required to be filed
by a committee primarily formed to support or oppose the
qualification or passage of a state ballot measure for expenditures
made on behalf of the ballot measure or measures for which it is
formed.
(c) Independent expenditures that have been disclosed by a
committee pursuant to Section 84204 or 85500 are not required to be
disclosed pursuant to this section.
SEC. 18. Section 84205 of the
Government Code is repealed.
84205. The commission may by regulation or written advice permit
candidates and committees to file campaign statements combining
statements and reports required to be filed by this title.
SEC. 19. Section 84209 of the
Government Code is repealed.
84209. A candidate or state measure proponent and any committee
or committees which the candidate or a state measure proponent
controls may file consolidated campaign statements under this
chapter. Such consolidated statements shall be filed in each place
each of the committees and the candidate or state measure proponent
would be required to file campaign statements if separate statements
were filed.
SEC. 20. Section 84211 of the
Government Code is amended to read:
84211. Each campaign statement required by
this article Sections 84200.7, 84200.8,
84200.9, 84202.3, and 84202.7 shall contain all of the
following information:
(a) The total amount of contributions received during the period
covered by the campaign statement and the total cumulative amount of
contributions received.
(b) The total amount of expenditures made during the period
covered by the campaign statement and the total cumulative amount of
expenditures made.
(c) The total amount of contributions received during the period
covered by the campaign statement from persons who have given a
cumulative amount of one two hundred
dollars ($100) ($200) or more.
(d) The total amount of contributions received during the period
covered by the campaign statement from persons who have given a
cumulative amount of less than one two
hundred dollars ($100) ($200) .
(e) The balance of cash and cash equivalents on hand at the
beginning and the end of the period covered by the campaign
statement.
(f) If the cumulative amount of contributions (including loans)
received from a person is one two
hundred dollars ($100) ($200) or more
and a contribution or loan has been received from that person during
the period covered by the campaign statement, all of the following:
(1) His or her full name.
(2) His or her street address.
(3) His or her occupation.
(4) The name of his or her employer, or if self-employed, the name
of the business.
(5) The date and amount received for each contribution received
during the period covered by the campaign statement and if the
contribution is a loan, the interest rate for the loan.
(6) The cumulative amount of contributions.
(g) If the cumulative amount of loans received from or made to a
person is one two hundred dollars
($100) ($200) or more, and a loan has
been received from or made to a person during the period covered by
the campaign statement, or is outstanding during the period covered
by the campaign statement, all of the following:
(1) His or her full name.
(2) His or her street address.
(3) His or her occupation.
(4) The name of his or her employer, or if self-employed, the name
of the business.
(5) The original date and amount of each loan.
(6) The due date and interest rate of the loan.
(7) The cumulative payment made or received to date at the end of
the reporting period.
(8) The balance outstanding at the end of the reporting period.
(9) The cumulative amount of contributions.
(h) For each person, other than the filer, who is directly,
indirectly, or contingently liable for repayment of a loan received
or outstanding during the period covered by the campaign statement,
all of the following:
(1) His or her full name.
(2) His or her street address.
(3) His or her occupation.
(4) The name of his or her employer, or if self-employed, the name
of the business.
(5) The amount of his or her maximum liability outstanding.
(i) The total amount of expenditures made during the period
covered by the campaign statement to persons who have received
one two hundred dollars ($100)
($200) or more.
(j) The total amount of expenditures made during the period
covered by the campaign statement to persons who have received less
than one two hundred dollars
($100) ($200) .
(k) For each person to whom an expenditure of one
two hundred dollars ($100)
($200) or more has been made during the period covered by
the campaign statement, all of the following:
(1) His or her full name.
(2) His or her street address.
(3) The amount of each expenditure.
(4) A brief description of the consideration for which each
expenditure was made.
(5) In the case of an expenditure which is a contribution to a
candidate, elected officer, or committee or an independent
expenditure to support or oppose a candidate or measure, in addition
to the information required in paragraphs (1) to (4) above
, inclusive, the date of the contribution or
independent expenditure, the cumulative amount of contributions made
to a candidate, elected officer, or committee, or the cumulative
amount of independent expenditures made relative to a candidate or
measure; the full name of the candidate, and the office and district
for which he or she seeks nomination or election, or the number or
letter of the measure; and the jurisdiction in which the measure or
candidate is voted upon.
(6) The information required in paragraphs (1) to (4), inclusive,
for each person, if different from the payee, who has provided
consideration for an expenditure of five hundred dollars ($500) or
more during the period covered by the campaign statement.
For purposes of subdivisions (i), (j), and (k) only, the terms
"expenditure" or "expenditures" mean any individual payment or
accrued expense, unless it is clear from surrounding circumstances
that a series of payments or accrued expenses are for a single
service or product.
( l ) In the case of a controlled committee, an
official committee of a political party, or an organization formed or
existing primarily for political purposes, the amount and source of
any miscellaneous receipt.
(m) If a committee is listed pursuant to subdivision (f), (g),
(h), (k), ( l ), or (q), the number assigned to the
committee by the Secretary of State shall be listed, or if no number
has been assigned, the full name and street address of the treasurer
of the committee.
(n) In a campaign statement filed by a candidate who is a
candidate in both a state primary and general election, his or her
controlled committee, or a committee primarily formed to support or
oppose such a candidate, the total amount of contributions received
and the total amount of expenditures made for the period January 1
through to June 30 ,
inclusive, and the total amount of contributions received and
expenditures made for the period July 1 through
to December 31 , inclusive .
(o) The full name, residential or business address, and telephone
number of the filer, or in the case of a campaign statement filed by
a committee defined by subdivision (a) of Section 82013, the name,
street address, and telephone number of the committee and of the
committee treasurer. In the case of a committee defined by
subdivision (b) or (c) of Section 82013, the name that the filer uses
on campaign statements shall be the name by which the filer is
identified for other legal purposes or any name by which the filer is
commonly known to the public.
(p) If the campaign statement is filed by a candidate, the name,
street address, and treasurer of any committee of which he or she has
knowledge which has received contributions or made expenditures on
behalf of his or her candidacy and whether the committee is
controlled by the candidate.
(q) A contribution need not be reported nor shall it be deemed
accepted if it is not cashed, negotiated, or deposited and is
returned to the contributor before the closing date of the campaign
statement on which the contribution would otherwise be reported.
(r) If a committee primarily formed for the qualification or
support of, or opposition to, an initiative or ballot measure is
required to report an expenditure to a business entity pursuant to
subdivision (k) and 50 percent or more of the business entity is
owned by a candidate or person controlling the committee, by an
officer or employee of the committee, or by a spouse of any of these
individuals, the committee's campaign statement shall also contain,
in addition to the information required by subdivision (k), that
person's name, the relationship of that person to the committee, and
a description of that person's ownership interest or position with
the business entity.
(s) If a committee primarily formed for the qualification or
support of, or opposition to, an initiative or ballot measure is
required to report an expenditure to a business entity pursuant to
subdivision (k), and a candidate or person controlling the committee,
an officer or employee of the committee, or a spouse of any of these
individuals is an officer, partner, consultant, or employee of the
business entity, the committee's campaign statement shall also
contain, in addition to the information required by subdivision (k),
that person's name, the relationship of that person to the committee,
and a description of that person's ownership interest or position
with the business entity.
(t) If the campaign statement is filed by a committee, as defined
in subdivision (b) or (c) of Section 82013, information sufficient to
identify the nature and interests of the filer, including:
(1) If the filer is an individual, the name and address of the
filer's employer, if any, or his or her principal place of business
if the filer is self-employed, and a description of the business
activity in which the filer or his or her employer is engaged.
(2) If the filer is a business entity, a description of the
business activity in which it is engaged.
(3) If the filer is an industry, trade, or professional
association, a description of the industry, trade, or profession
which it represents, including a specific description of any portion
or faction of the industry, trade, or profession which the
association exclusively or primarily represents.
(4) If the filer is
not an individual, business entity, or industry, trade, or
professional association, a statement of the person's nature and
purposes, including a description of any industry, trade, profession,
or other group with a common economic interest which the person
principally represents or from which its membership or financial
support is principally derived.
SEC. 21. Section 84216 of the
Government Code is amended to read:
84216. (a) Notwithstanding Section 82015, a loan received by a
candidate or committee is a contribution unless the loan is received
from a commercial lending institution in the ordinary course of
business, or it is clear from the surrounding circumstances that it
is not made for political purposes.
(b) A loan, whether or not there is a written contract for the
loan, shall be reported as provided in Section 84211
Sections 84200 and 84211 when any of the
following apply:
(1) The loan is a contribution.
(2) The loan is received by a committee.
(3) The loan is received by a candidate and is used for political
purposes.
SEC. 22. Section 84216.5 of the
Government Code is amended to read:
84216.5. A loan of campaign funds, whether or not there is a
written contract for the loan, made by a candidate or committee shall
be reported as provided in Section Sections
84200 and 84211.
SEC. 23. Section 84220 of the
Government Code is repealed.
84220. If a slate mailer organization receives a payment of two
thousand five hundred dollars ($2,500) or more for purposes of
supporting or opposing any candidate or ballot measure in a slate
mailer, and the payment is received at a time when, if the payment
were a contribution it would be considered a late contribution, then
the slate mailer organization shall report the payment in the manner
set forth in Section 84203 for candidates and committees when
reporting late contributions received. The slate mailer organization
shall, in addition to reporting the information required by Section
84203, identify the candidates or measures whose support or
opposition is being paid for, in whole or in part, by each late
payment.
SEC. 24. Article 2.5 (commencing with Section
84250) of Chapter 4 of Title 9 of the Government Code
is repealed.
SEC. 4. SEC. 25. Section 84300 of
the Government Code is amended to read:
84300. (a) No contribution of one two
hundred dollars ($100) ($200) or
more shall be made or received in cash.
A cash contribution shall not be deemed received if it is not
negotiated or deposited and is returned to the contributor before the
closing date of the campaign statement on which the contribution
would otherwise be reported. If a cash contribution, other than a
late contribution, as defined in Section 82036, is negotiated or
deposited, it shall not be deemed received if it is refunded within
72 hours of receipt. In the case of a late contribution, as defined
in Section 82036, it shall not be deemed received if it is returned
to the contributor within 48 hours of receipt.
(b) No expenditure of one two
hundred dollars ($100) ($200) or more
shall be made in cash.
(c) No contribution of one two
hundred dollars ($100) ($200) or more
other than an in-kind contribution shall be made unless in the form
of a written instrument containing the name of the donor and the name
of the payee and drawn from the account of the donor or the
intermediary, as defined in Section 84302.
(d) The value of all in-kind contributions of two hundred dollars
($200) or more shall be reported in writing to the recipient upon the
request in writing of the recipient.
SEC. 5. SEC. 26. Section 84304 of
the Government Code is amended to read:
84304. No person shall make an anonymous contribution or
contributions to a candidate, committee, or any other person totaling
two hundred dollars ($200) or more in a calendar year. An anonymous
contribution of two hundred dollars ($200) or more shall not be kept
by the intended recipient but instead shall be promptly paid to the
Secretary of State for deposit in the General Fund of the state.
SEC. 6. 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.
SEC. 27. Section 84308 of the
Government Code is amended to read:
84308. (a) The definitions set forth in this subdivision shall
govern the interpretation of this section.
(1) "Party" means any person who files an application for, or is
the subject of, a proceeding involving a license, permit, or other
entitlement for use.
(2) "Participant" means any person who is not a party but who
actively supports or opposes a particular decision in a proceeding
involving a license, permit, or other entitlement for use and who has
a financial interest in the decision, as described in Article 1
(commencing with Section 87100) of Chapter 7. A person actively
supports or opposes a particular decision in a proceeding if he or
she lobbies in person the officers or employees of the agency,
testifies in person before the agency, or otherwise acts to influence
officers of the agency.
(3) "Agency" means an agency as defined in Section 82003 except
that it does not include the courts or any agency in the judicial
branch of government, local governmental agencies whose members are
directly elected by the voters, the Legislature, the State
Board of Equalization, or constitutional officers. However, this
section applies to any person who is a member of an exempted agency
but is acting as a voting member of another agency.
(4) "Officer" means any elected or appointed officer of an agency,
any alternate to an elected or appointed officer of an agency, and
any candidate for elective office in an agency.
(5) "License, permit, or other entitlement for use" means all
business, professional, trade , and land use licenses and
permits and all other entitlements for use, including all
entitlements for land use, all contracts (other than competitively
bid, labor, or personal employment contracts), and all franchises.
(6) "Contribution" includes contributions to candidates and
committees in federal, state, or local elections.
(b) No officer of an agency shall accept, solicit, or direct a
contribution of more than two hundred fifty dollars ($250) from any
party, or his or her agent, or from any participant, or his or her
agent, while a proceeding involving a license, permit, or other
entitlement for use is pending before the agency and for three months
following the date a final decision is rendered in the proceeding if
the officer knows or has reason to know that the participant has a
financial interest, as that term is used in Article 1 (commencing
with Section 87100) of Chapter 7. This prohibition shall apply
regardless of whether the officer accepts, solicits, or directs the
contribution for himself or herself, or on behalf of any other
officer, or on behalf of any candidate for office or on behalf of any
committee.
(c)
(b) Prior to rendering any decision in a proceeding
involving a license, permit or other entitlement for use pending
before an agency, each officer of the agency who received a
contribution within the preceding 12 months in an amount of more than
two hundred fifty dollars ($250) from a party or from any
participant shall disclose that fact on the record of the proceeding.
No officer of an agency shall make, participate in making, or in any
way attempt to use his or her official position to influence the
decision in a proceeding involving a license, permit, or other
entitlement for use pending before the agency if the officer has
willfully or knowingly received a contribution in an amount of more
than two hundred fifty dollars ($250) within the preceding 12 months
from a party or his or her agent, or from any participant, or his or
her agent if the officer knows or has reason to know that the
participant has a financial interest in the decision, as that term is
described with respect to public officials in Article 1 (commencing
with Section 87100) of Chapter 7.
If an officer receives a contribution which
that would otherwise require disqualification under this
section, and returns the contribution within 30 days from
the time he or she knows, or should have known, about the
contribution and the proceeding involving a license, permit, or other
entitlement for use, he or she shall be permitted to participate in
the proceeding.
(d)
(c) A party to a proceeding before an agency involving
a license, permit, or other entitlement for use shall disclose on the
record of the proceeding any contribution in an amount of more than
two hundred fifty dollars ($250) made within the preceding 12 months
by the party, or his or her agent, to any officer of the agency. No
party, or his or her agent, to a proceeding involving a license,
permit, or other entitlement for use pending before any agency and no
participant, or his or her agent, in the proceeding shall make a
contribution of more than two hundred fifty dollars ($250) to any
officer of that agency during the proceeding and for three months
following the date a final decision is rendered by the agency in the
proceeding. When a closed corporation is a party to, or a participant
in, a proceeding involving a license, permit, or other entitlement
for use pending before an agency, the majority shareholder is subject
to the disclosure and prohibition requirements specified in
subdivisions (b), (c), subdivision (b) and this
subdivision.
(e)
(d) Nothing in this section shall be construed to imply
that any contribution subject to being reported under this title
shall not be so reported.
SEC. 28. Section 84602 of the
Government Code is amended to read:
84602. To implement the Legislature's intent, the Secretary of
State, in consultation with the commission
Commission , notwithstanding any other provision of the
Government Code, shall do all of the following:
(a) Develop online and electronic filing processes for use by
persons and entities specified in Sections 84604 and 84605 that are
required to file statements and reports with the Secretary of State's
office pursuant to Chapter 4 (commencing with Section 84100) and
Chapter 6 (commencing with Section 86100). Those processes shall each
enable a user to comply with all the disclosure requirements of this
title and shall include, at a minimum, the following:
(1) A means or method whereby filers subject to this chapter may
submit required filings free of charge. Any means or method developed
pursuant to this provision shall not provide any additional or
enhanced functions or services that exceed the minimum requirements
necessary to fulfill the disclosure provisions of this title. At
least one means or method shall be made available no later than
December 31, 2002.
(2) The definition of a nonproprietary standardized record format
or formats using industry standards for the transmission of the data
that is required of those persons and entities specified in
subdivision (a) of Section 84604 and Section 84605 and that conforms
with the disclosure requirements of this title. The Secretary of
State shall hold public hearings prior to development of the record
format or formats as a means to ensure that affected entities have an
opportunity to provide input into the development process. The
format or formats shall be made public no later than July 1, 1999, to
ensure sufficient time to comply with the requirements of this
chapter.
(b) Accept test files from software vendors and others wishing to
file reports electronically, for the purpose of determining whether
the file format is in compliance with the standardized record format
developed pursuant to subdivision (a) and is compatible with the
Secretary of State's system for receiving the data. A list of the
software and service providers who have submitted acceptable test
files shall be published by the Secretary of State and made available
to the public. Acceptably formatted files shall be submitted by a
filer in order to meet the requirements of this chapter.
(c) Develop a system that provides for the online or electronic
transfer of the data specified in this section utilizing
telecommunications technology that assures the integrity of the data
transmitted and that creates safeguards against efforts to tamper
with or subvert the data.
(d) Make all the data filed available on the Internet in an easily
understood format that provides the greatest public access. The data
shall be made available free of charge and as soon as possible after
receipt. All late contribution reports
and late independent expenditure reports , as defined by
Sections 84203 and 84204, respectively, shall be made
available on the Internet within 24 hours of receipt. The data made
available on the Internet shall not contain the street name and
building number of the persons or entity representatives listed on
the electronically filed forms or any bank account number required to
be disclosed pursuant to this title.
(e) Develop a procedure for filers to comply with the requirement
that they sign under penalty of perjury pursuant to Section 81004.
(f) Maintain all filed data online for 10 years after the date it
is filed, and then archive the information in a secure format.
(g) Provide assistance to those seeking public access to the
information.
(h) Implement sufficient technology to seek to prevent
unauthorized alteration or manipulation of the data.
(i) Provide the commission Commission
with necessary information to enable it to assist agencies,
public officials, and others, with the compliance with and
administration of this title.
(j) Report to the Legislature on the implementation and
development of the online and electronic filing and disclosure
requirements of this chapter. The report shall include an examination
of system security, private security issues, software availability,
compliance costs to filers, use of the filing system and software
provided by the Secretary of State, and other issues relating to this
chapter, and shall recommend appropriate changes if necessary. In
preparing the report, the commission
Commission may present to the Secretary of State and the
Legislature its comments regarding this chapter as it relates to the
duties of the commission Commission and
suggest appropriate changes if necessary. There shall be one report
due before the system is operational as set forth in Section 84603,
one report due no later than June 1, 2002, and one report due no
later than January 31, 2003.
(k) Review the current filing and disclosure requirements of this
chapter and report to the Legislature, no later than June 1, 2005,
recommendations on revising these requirements so as to promote
greater reliance on electronic and online submissions.
SEC. 29. Section 84604 of the
Government Code is amended to read:
84604. (a) The Secretary of State shall implement an online or
electronic disclosure program in connection with the 2000 state
primary election and the lobbying activities specified in paragraph
(4). Entities specified in paragraphs (1), (2), and (3) shall
commence online or electronic disclosure with the first preelection
statement filed in connection with the 2000 statewide direct primary
election for the period ending January 22, 2000, and shall continue
to disclose online or electronically all required reports and
statements up to and including the semiannual statement for the
period ending June 30, 2000. Entities specified in paragraph (4)
shall commence online or electronic disclosure with the quarterly
report for the period ending March 31, 2000, and shall continue to
disclose online or electronically all required reports and statements
up to and including the quarterly report for the period ending June
30, 2000. The entities subject to this section are the following:
(1) Any candidate, including appellate court and Supreme Court
candidates and officeholders, committee, or other persons who are
required, pursuant to Chapter 4 (commencing with Section 84100), to
file statements, reports, or other documents in connection with a
state elective office or state measure appearing on the 2000
statewide direct primary ballot, provided that the total cumulative
reportable amount of contributions received, expenditures made, loans
made, or loans received is one hundred thousand dollars ($100,000)
or more. For the purpose of cumulating totals, the period covered
shall commence January 1, 1999.
(2) Any general purpose committees, as defined in Section 82027.5,
including the general purpose committees of political parties, and
small contributor committees, as defined in Section 85203, that
cumulatively receive contributions or make expenditures totaling one
hundred thousand dollars ($100,000) or more to support or oppose
candidates for any elective state office or state measure appearing
on the 2000 statewide direct primary ballot. For the purpose of
cumulating totals, the period covered shall commence January 1, 1999.
(3) Any slate mailer organization with cumulative reportable
payments received or made for the purposes of producing slate mailers
of one hundred thousand dollars ($100,000) or more in connection
with the 2000 statewide direct primary election. For the purpose of
cumulating totals, the period covered shall commence January 1, 1999.
(4) Any lobbyist, lobbying firm, lobbyist employer, or other
persons required, pursuant to Chapter 6 (commencing with Section
86100), to file statements, reports, or other documents, provided
that the total amount of any category of reportable payments,
expenses, contributions, gifts, or other items is one hundred
thousand dollars ($100,000) or more in a calendar quarter.
(b) Filers specified in subdivision (a) shall also continue to
file required disclosure forms in paper format. The paper copy shall
continue to be the official version for audit and other legal
purposes. Committees and other persons that are not required to file
online or electronically by this section may do so voluntarily.
(c) The Secretary of State shall also disclose on the Internet any
late contribution report or late
independent expenditure report , as defined by Sections
84203 and 84204, respectively, not covered by subdivision
(a).
(d) It shall be presumed that online or electronic filers file
under penalty of perjury.
SEC. 30. Section 84605 of the
Government Code is amended to read:
84605. (a) The following persons shall file online or
electronically with the Secretary of State:
(1) Any candidate, including superior court, appellate court, and
Supreme Court candidates and officeholders, committee, or other
persons who are required, pursuant to Chapter 4 (commencing with
Section 84100), to file statements, reports, or other documents in
connection with a state elective office or state measure, provided
that the total cumulative reportable amount of contributions
received, expenditures made, loans made, or loans received is
twenty-five thousand dollars ($25,000) or more. In determining the
cumulative reportable amount, all controlled committees, as defined
by Section 82016, shall be included. For a committee subject to this
title prior to January 1, 2000, the beginning date for calculating
cumulative totals is January 1, 2000. For a committee that is first
subject to this title on or after January 1, 2000, the beginning date
for calculating cumulative totals is the date the committee is first
subject to this title. A committee, as defined in subdivision (c) of
Section 82013, shall file online or electronically if it makes
contributions of twenty-five thousand dollars ($25,000) or more in a
calendar year.
(2) Any general purpose committees, as defined in Section 82027.5,
including the general purpose committees of political parties, and
small contributor committees, as defined in Section 85203, that
cumulatively receive contributions or make expenditures totaling
twenty-five thousand dollars ($25,000) or more to support or oppose
candidates for any elective state office or state measure. For a
committee subject to this title prior to January 1, 2000, the
beginning date for calculating cumulative totals is January 1, 2000.
For a committee that first is subject to this title on or after
January 1, 2000, the beginning date for calculating cumulative totals
is the date the committee is first subject to this title.
(3) Any slate mailer organization with cumulative reportable
payments received or made for the purposes of producing slate mailers
of twenty-five thousand dollars ($25,000) or more. For a slate
mailer organization subject to this title prior to January 1, 2000,
the beginning date for calculating cumulative totals is January 1,
2000. For a slate mailer organization that first is subject to this
title on or after January 1, 2000, the beginning date for calculating
cumulative totals is the date the organization is first subject to
this title.
(4) Any lobbyist, lobbying firm, lobbyist employer, or other
persons required, pursuant to Chapter 6 (commencing with Section
86100), to file statements, reports, or other documents, provided
that the total amount of any category of reportable payments,
expenses, contributions, gifts, or other items is two thousand five
hundred dollars ($2,500) or more in a calendar quarter.
(b) The Secretary of State shall also disclose on the Internet any
late contribution report or late
independent expenditure report , as defined by Sections
84203 and 84204, respectively, not covered by paragraph
(1), (2), or (3) of subdivision (a) or any other provision of law.
(c) Committees and other persons that are not required to file
online or electronically by this section may do so voluntarily.
(d) Once a person or entity is required to file online or
electronically, subject to subdivision (a) or (c), the person or
entity shall be required to file all subsequent reports online or
electronically.
(e) It shall be presumed that online or electronic filers file
under penalty of perjury.
(f) Persons filing online or electronically shall also continue to
file required disclosure statements and reports in paper format. The
paper copy shall continue to be the official filing for audit and
other legal purposes until the Secretary of State, pursuant to
Section 84606, determines the system is operating securely and
effectively.
(g) The Secretary of State shall maintain at all times a secured,
official version of all original online and electronically filed
statements and reports required by this chapter. Upon determination
by the Secretary of State, pursuant to Section 84606, that the system
is operating securely and effectively, this online or electronic
version shall be the official version for audit and other legal
purposes.
(h) Except for statements related to a local elective office or a
local ballot measure filed by a candidate for local elective office
who is also a candidate for elective state office, a copy of a
statement, report, or other document filed by online or electronic
means with the Secretary of State shall not be filed with a local
filing officer.
SEC. 31. Section 84609 of the
Government Code is amended to read:
84609. All candidates and ballot measure committees who are
required, pursuant to Chapter 4 (commencing with Section 84100), to
file statements, reports, or other documents in connection with a
statewide elective office or state measure appearing on the November
1998 ballot shall provide at the time of filing, in addition to a
paper submission, a copy of the required report on computer disk in
either an ASCII or PDF format with documentation detailing the field
layout or file structure. Filers who submit computer disks which are
not readable, cannot be copied, or do not have documentation have not
complied with the requirements of this section. Candidate and ballot
measure committees who make their report available on the Internet
through the Secretary of State's office are not required to file the
report on computer disk. The Secretary of State shall make copies
available to the public, upon payment of fees covering direct costs
of duplication, or a statutory fee, if applicable. The Secretary of
State shall also disclose online , any
late contribution report or late independent
expenditure report , as defined by Sections 84203 and 84204
respectively, filed in connection with any elective state
office or ballot measure appearing on the November 1998 ballot.
SEC. 32. Section 85301 of the
Government Code is repealed.
85301. (a) A person, other than a small contributor committee or
political party committee, may not make to any candidate for elective
state office other than a candidate for statewide elective office,
and a candidate for elective state office other than a candidate for
statewide elective office may not accept from a person, any
contribution totaling more than three thousand dollars ($3,000) per
election.
(b) Except to a candidate for Governor, a person, other than a
small contributor committee or political party committee, may not
make to any candidate for statewide elective office, and except a
candidate for Governor, a candidate for statewide elective office may
not accept from a person other than a small contributor committee or
a political party committee, any contribution totaling more than
five thousand dollars ($5,000) per election.
(c) A person, other than a small contributor committee or
political party committee, may not make to any candidate for
Governor, and a candidate for governor may not accept from any person
other than a small contributor committee or political party
committee, any contribution totaling more than twenty thousand
dollars ($20,000) per election.
(d) The provisions of this section do not apply to a candidate's
contributions of his or her personal funds to his or her own
campaign.
SEC. 33. Section 85302 of the
Government Code is repealed.
85302. (a) A small contributor committee may not make to any
candidate for elective state office other than a candidate for
statewide elective office, and a candidate for elective state office,
other than a candidate for statewide elective office may not accept
from a small contributor committee, any contribution totaling more
than six thousand dollars ($6,000) per election.
(b) Except to a candidate for Governor, a small contributor
committee may not make to any candidate for statewide elective office
and except for a candidate for Governor, a candidate for statewide
elective office may not accept from a small contributor committee,
any contribution totaling more than ten thousand dollars ($10,000)
per election.
(c) A small contributor committee may not make to any candidate
for Governor, and a candidate for governor may not accept from a
small contributor committee, any contribution totaling more than
twenty thousand dollars ($20,000) per election.
SEC. 34. Section 85303 of the
Government Code is repealed.
85303. (a) A person may not make to any committee, other than a
political party committee, and a committee other than a political
party committee may not accept, any contribution totaling more than
five thousand dollars ($5,000) per calendar year for the purpose of
making contributions to candidates for elective state office.
(b) A person may not make to any political party committee, and a
political party committee may not accept, any contribution totaling
more than twenty-five thousand dollars ($25,000) per calendar year
for the purpose of making contributions for the support or defeat of
candidates for elective state office. Notwithstanding Section 85312,
this limit applies to contributions made to a political party used
for the purpose of making expenditures at the behest of a candidate
for elective state office for communications to party members related
to the candidate's candidacy for elective state office.
(c) Except as provided in Section 85310, nothing in this chapter
shall limit a person's contributions to a committee or political
party committee provided the contributions are used for purposes
other than making contributions to candidates for elective state
office.
(d) Nothing in this chapter limits a candidate for elected state
office from transferring contributions received by the candidate in
excess of any amount necessary to defray the candidate's expenses for
election related activities or holding office to a political party
committee, provided those transferred contributions are used for
purposes consistent with paragraph (4) of subdivision (b) of Section
89519.
SEC. 35. Section 85304 of the
Government Code is amended to read:
85304. (a) A candidate for elective state office or an elected
state officer may establish a separate account to defray attorney's
fees and other related legal costs incurred for the candidate's or
officer's legal defense if the candidate or officer is subject to one
or more civil or criminal proceedings or administrative proceedings
arising directly out of the conduct of an election campaign, the
electoral process, or the performance of the officer's governmental
activities and duties. These funds may be used only to defray those
attorney attorney's fees and other
related legal costs.
(b) A candidate may receive contributions to this account
that are not subject to the contribution limits set forth in this
article. However, all All contributions shall be
reported in a the manner prescribed by
the commission Section 84200 .
(c) Once the legal dispute is resolved, the candidate shall
dispose of any funds remaining after all expenses associated with the
dispute are discharged for one or more of the purposes set forth in
paragraphs (1) to (5), inclusive, of subdivision (b) of Section
89519.
SEC. 36. Section 85305 of the
Government Code is repealed.
85305. A candidate for elective state office or committee
controlled by that candidate may not make any contribution to any
other candidate for elective state office in excess of the limits set
forth in subdivision (a) of Section 85301.
SEC. 37. Section 85306 of the
Government Code is amended to read:
85306. (a) A candidate may transfer campaign funds from one
controlled committee to a controlled committee for elective state
office of the same candidate. Contributions transferred shall be
attributed to specific contributors using a "last in, first out" or
"first in, first out" accounting method , and these
attributed contributions when aggregated with all other contributions
from the same contributor may not exceed the limits set forth in
Section 85301 or 85302 .
(b) Notwithstanding subdivision (a), a candidate for elective
state office, other than a candidate for statewide elective office,
who possesses campaign funds on January 1, 2001, may use those funds
to seek elective office without attributing the funds to specific
contributors.
(c) Notwithstanding subdivision (a), a candidate for statewide
elective office who possesses campaign funds on November 6, 2002, may
use those funds to seek elective office without attributing the
funds to specific contributors.
SEC. 38. Section 85307 of the
Government Code is repealed.
85307. (a) The provisions of this article regarding loans apply
to extensions of credit, but do not apply to loans made to a
candidate by a commercial lending institution in the lender's regular
course of business on terms available to members of the general
public for which the candidate is personally liable.
(b) Notwithstanding subdivision (a), a candidate for elective
state office may not personally loan to his or her campaign,
including the proceeds of a loan obtained by the candidate from a
commercial lending institution, an amount, the outstanding balance of
which exceeds one hundred thousand dollars ($100,000). A candidate
may not charge interest on any loan he or she made to his or her
campaign.
SEC. 39. Section 85309 of the
Government Code is repealed.
85309. (a) 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 thousand dollars ($1,000) or more received during
an election cycle. Those reports shall disclose the same information
required by subdivision (a) of Section 84203 and shall be filed
within 24 hours of receipt of the contribution.
(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 thousand
dollars ($1,000) or more received during an election cycle. Those
reports shall disclose the same information required by subdivision
(a) of Section 84203 and shall be filed within 24 hours of receipt of
the contribution.
(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 five thousand dollars ($5,000) 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 10 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 five thousand dollars
($5,000) 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 10
business days of receipt of the contribution.
SEC. 40. Section 85310 of the
Government Code is amended to read:
85310. (a) Any person who makes a payment or a promise of payment
totaling fifty thousand dollars ($50,000) or more for a
communication that clearly identifies a candidate for elective state
office, but does not expressly advocate the election or defeat of the
candidate, and that is disseminated, broadcast, or otherwise
published within 45 days of an election, shall file online or
electronically with the Secretary of State a report disclosing the
name of the person, address, occupation, and employer, and amount of
the payment. The report shall be filed within 48 hours of making the
payment or the promise to make the payment.
(b) (1) Except as provided in paragraph (2), if any person has
received a payment or a promise of a payment from other persons
totaling five thousand dollars ($5,000) or more for the purpose of
making a communication described in subdivision (a), the person
receiving the payments shall disclose on the report the name,
address, occupation and employer, and date and amount received from
the person.
(2) A person who receives or is promised a payment that is
otherwise reportable under paragraph (1) is not required to report
the payment if the person is in the business of providing goods or
services and receives or is promised the payment for the purpose of
providing those goods or services.
(c) Any payment received by a person who makes a communication
described in subdivision (a) is subject to the limits specified in
subdivision (b) of Section 85303 if the communication is made at the
behest of the clearly identified candidate.
SEC. 41. Section 85314 of the
Government Code is repealed.
85314. The contribution limits of this chapter apply to special
elections and apply to special runoff elections. A special election
and a special runoff election are separate elections for purposes of
the contribution and voluntary expenditure limits set forth in this
chapter.
SEC. 42. Section 85315 of the
Government Code is amended to read:
85315. (a) Notwithstanding any other provision of this chapter,
an elected state officer may establish a committee to oppose the
qualification of a recall measure, and the recall election. This
committee may be established when the elected state officer receives
a notice of intent to recall pursuant to Section 11021 of the
Elections Code. An elected state officer may accept campaign
contributions to oppose the qualification of a recall measure, and if
qualification is successful, the recall election , without
regard to the campaign contributions limits set forth in this chapter
. The voluntary expenditure limits do not apply to
expenditures made to oppose the qualification of a recall measure or
to oppose the recall election.
(b) After the failure of a recall petition or after the recall
election, the committee formed by the elected state officer shall
wind down its activities and dissolve. Any remaining funds shall be
treated as surplus funds and shall be expended within 30 days after
the failure of the recall petition or after the recall election for a
purpose specified in subdivision (b) of Section 89519.
SEC. 43. Section 85316 of the
Government Code is amended to read:
85316. (a) Except as provided in subdivision (b), a contribution
for an election may be accepted by a candidate for elective state
office after the date of the election only to the extent that the
contribution does not exceed net debts outstanding from the election
, and the contribution does not otherwise exceed the
applicable contribution limit for that election .
(b) Notwithstanding subdivision (a), an elected state officer may
accept contributions after the date of the election for the purpose
of paying expenses associated with holding the office provided that
the contributions are not expended for any contribution to any state
or local committee. Contributions received pursuant to this
subdivision shall be deposited into a bank account established solely
for the purposes specified in this subdivision.
(1) No person shall make, and no elected state officer shall
receive from a person, a contribution pursuant to this subdivision
totaling more than the following amounts per calendar year:
(A) Three thousand dollars ($3,000) in the case of an elected
state officer of the Assembly or Senate.
(B) Five thousand dollars ($5,000) in the case of a statewide
elected state officer other than the Governor.
(C) Twenty thousand dollars ($20,000) in the case of the Governor.
(2) No elected state officer shall receive contributions pursuant
to paragraph (1) that, in the aggregate, total more than the
following amounts per calendar year:
(A) Fifty thousand dollars ($50,000) in the case of an elected
state officer of the Assembly or Senate.
(B) One hundred thousand dollars ($100,000) in the case of a
statewide elected state officer other than the Governor.
(C) Two hundred thousand dollars ($200,000) in the case of the
Governor.
(3)
(c) Any contribution received pursuant to this
subdivision section shall be deemed to be a
contribution to that candidate for election to any state office that
he or she may seek during the term of office to which he or she is
currently elected, including, but not limited to, reelection to the
office he or she currently holds , and shall be subject to
any applicable contribution limit provided in this title. If a
contribution received pursuant to this subdivision exceeds the
allowable contribution limit for the office sought, the candidate
shall return the amount exceeding the limit to the contributor on a
basis to be determined by the Commission . None of the
expenditures made by elected state officers pursuant to this
subdivision shall be subject to the voluntary expenditure limitations
in Section 85400.
(4) The commission shall adjust the calendar year contribution
limitations and aggregate contribution limitations set forth in this
subdivision in January of every odd-numbered year to reflect any
increase or decrease in the Consumer Price Index. Those adjustments
shall be rounded to the nearest one hundred dollars ($100).
SEC. 44. Section 85321 of the
Government Code is repealed.
85321. Notwithstanding any other provision of this chapter, if a
candidate for elective state office or the candidate's controlled
committee had net debts resulting from an election held prior to
January 1, 2001, contributions to that candidate or committee for
that election are not subject to the limits of Sections 85301 and
85302.
SEC. 45. Section 85501 of the
Government Code is amended to read:
85501. A controlled committee of a candidate may not make
independent expenditures and may not contribute funds to
another committee for the purpose of making independent expenditures
to support or oppose other candidates.
SEC. 46. Section 89510 of the
Government Code is amended to read:
89510. (a) A candidate for elective state office may
only accept contributions within the limits provided in Chapter 5
(commencing with Section 85100).
(b) All contributions
deposited into the campaign account shall be deemed to be held in
trust for expenses associated with the election of the candidate or
for expenses associated with holding office.
SEC. 47. Section 89511.5 of the
Government Code is amended to read:
89511.5. (a) An incumbent elected officer may utilize his or her
personal funds for expenditures authorized by subdivision
(b) of Section 89510 without first depositing those funds
in his or her controlled committee's campaign bank account, if both
of the following conditions are met:
(1) The expenditures are not campaign expenses.
(2) The treasurer of the committee is provided with a dated
receipt and a written description of the expenditure.
(b) An incumbent elected officer may be reimbursed for
expenditures of his or her personal funds, from either the controlled
committee campaign bank account established pursuant to Section
85201 with respect to election to the incumbent term of office, or
from a controlled committee campaign bank account established
pursuant to Section 85201 with respect to election to a future term
of office, if all of the following conditions are met:
(1) The expenditures are not campaign expenses.
(2) The incumbent elected officer, prior to reimbursement,
provides the treasurer of the committee with a dated receipt and a
written description of each expenditure.
(3) Reimbursement is paid within 90 days of the expenditure, in
the case of a cash expenditure, or within 90 days of the end of the
billing period in which it was included, in the case of an
expenditure charged to a credit card or charge account.
(c) When the elected officer's controlled committee is notified
that expenditures totaling one hundred dollars ($100) or more in a
fiscal year have been made by the incumbent elected officer, the
committee shall report, pursuant to subdivision (k) of Section 84211,
the expenditures on the campaign statement for the period in which
the expenditures were made and the reimbursements on the campaign
statement for the period in which the reimbursements were made.
(d) If reimbursement is not paid within the time authorized by
this section, the expenditure shall be reported on the campaign
statement as a nonmonetary contribution received on the 90th day
after the expenditure is paid, in the case of a cash expenditure, or
within 90 days of the end of the billing period in which it was
included, in the case of an expenditure charged to a credit card or
charge account.
(e) This section shall not be construed to authorize an incumbent
elected officer to make expenditures from any campaign bank account
for expenses other than those expenses associated with his or her
election to the specific office for which the account was established
and expenses associated with holding that office.
SEC. 48. Section 89512.5 of the
Government Code is amended to read:
89512.5. (a) Subject to the provisions of subdivision (b), any
expenditure by a committee not subject to the trust imposed by
subdivision (b) of Section 89510 shall be
reasonably related to a political, legislative, or governmental
purpose of the committee.
(b) Any expenditure by a committee that confers a substantial
personal benefit on any individual or individuals with authority to
approve the expenditure of campaign funds held by the committee,
shall be directly related to a political, legislative, or
governmental purpose of the committee.
SEC. 49. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the duties imposed on a local agency or school
district by this act were expressly included in a ballot measure
approved by the voters in a statewide election, within the meaning of
Section 17556 of the Government Code.
SEC. 50. The Secretary of State shall, pursuant to
subdivision (b) of Section 81012 of the Government Code, submit
Sections 3 to 48, inclusive, of this act to the voters for approval
at a statewide election in accordance with Section 9040 of the
Elections Code.
SEC. 51. Sections 1 and 2 of this act shall not
become operative unless and until the voters approve the amendments
to the Political Reform Act of 1974 (Title 9 (commencing with Section
81000) of the Government Code) made by Sections 3 to 48, inclusive,
of this act, at the statewide election described in Section 50.
