BILL NUMBER: AB 1146 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 27, 2012
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 56100.1, 82036.5, 83124, 84101, 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.
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
number , as appropriate, and the date and the
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 the 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 or expenditure 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 and expenditures , 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Under the Federal Election Campaign Act (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) 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) 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 (commencing with Section 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. 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 shall adjust the voluntary expenditure
limitations provisions in 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
thousand dollars ($1,000).
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 campaign statements, 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 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 campaign statement 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 campaign statements, 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.
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 , or its
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 the amount of
the contribution. The recipient of the contribution shall report his
or , her , or its full name
and street address, the date and the 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 , 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.
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.
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 to March 31,
inclusive.
(2) No later than October 31 for the period July 1 to September
30, inclusive.
(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.
SEC. 13. Section 84202.7 of the Government Code is amended to
read:
84202.7. 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:
(a) No later than April 30 for the period of January 1 to March
31, inclusive.
(b) No later than October 31 for the period of July 1 to September
30, inclusive.
SEC. 14. Section 84203 of the Government Code is repealed.
SEC. 15. Section 84203.3 of the Government Code is amended to
read:
84203.3. Any candidate or committee that makes a 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.
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 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 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. 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 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) 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.
SEC. 19. Section 84209 of the Government Code is repealed.
SEC. 20. Section 84211 of the Government Code is amended to read:
84211. Each statement required by 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 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. 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 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 Sections 84200 and 84211.
SEC. 23. Section 84220 of the Government Code is repealed.
SEC. 24. Article 2.5 (commencing with Section 84250) of Chapter 4
of Title 9 of the Government Code is repealed.
SEC. 25. Section 84300 of the Government Code is amended to read:
84300. (a) No contribution of two hundred dollars ($200) or more
shall be made or received in cash.
(b) No expenditure of two hundred dollars ($200) or more shall be
made in cash.
(c) No contribution of two hundred dollars ($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. 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. 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) 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 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.
(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
subdivision (b) and this subdivision.
(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, 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 contribution reports and late independent expenditure
reports 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 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 may present to the Secretary of
State and the Legislature its comments regarding this chapter as it
relates to the duties of the 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
contribution report or late independent expenditure report 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
contribution report or late independent expenditure report 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 contribution report or late
independent expenditure report 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.
SEC. 33. Section 85302 of the Government Code is repealed.
SEC. 34. Section 85303 of the Government Code is repealed.
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's fees and other related legal costs.
(b) All contributions shall be reported in the manner prescribed
by 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.
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.
(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.
SEC. 39. Section 85309 of the Government Code is repealed.
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.
SEC. 41. Section 85314 of the Government Code is repealed.
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. 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.
(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.
(c) Any contribution received pursuant to this 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. None of the
expenditures made by elected state officers pursuant to this
subdivision shall be subject to the voluntary expenditure limitations
in Section 85400.
SEC. 44. Section 85321 of the Government Code is repealed.
SEC. 45. Section 85501 of the Government Code is amended to read:
85501. A controlled committee of a candidate may not make
independent expenditures to support or oppose other candidates.
SEC. 46. Section 89510 of the Government Code is amended to read:
89510. 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 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
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.