Bill Text: CA AB2840 | 2015-2016 | Regular Session | Introduced
Bill Title: Political Reform Act of 1974: travel.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2016-05-16 - From committee: Without further action pursuant to Joint Rule 62(a). [AB2840 Detail]
Download: California-2015-AB2840-Introduced.html
BILL NUMBER: AB 2840 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Lopez
FEBRUARY 19, 2016
An act to amend Section 89506 of the Government Code, relating to
the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 2840, as introduced, Lopez. Political Reform Act of 1974:
travel.
The Political Reform Act of 1974 provides for the comprehensive
regulation of campaign financing and related matters, including the
reporting of gifts, as defined. The act prohibits specified officers
from receiving gifts in excess of $440 in value from a single source
in a calendar year. The act permits gift payments for the actual
costs of specified types of travel that are reasonably related to a
legislative or governmental purpose, or to an issue of state,
national, or international public policy, and it exempts these
payments from the annual limit on the value of gifts from a single
source. The act also requires a nonprofit organization that regularly
organizes and hosts travel for elected officials, as specified, and
that pays for these types of travel for an elected state officer or
local elected officeholder to disclose the names of donors who, in
the preceding year, both donated to the nonprofit organization and
accompanied an elected officer or officeholder for any portion of the
travel, as specified.
This bill would prohibit a nonprofit organization, as defined,
from providing to a Member of the Legislature, and a Member of the
Legislature from accepting, any payments, advances, or reimbursements
for travel, as defined.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
The Political Reform Act of 1974, an initiative measure, provides
that the Legislature may amend the act to further the act's purposes
upon a 2/3 vote of each house and compliance with specified
procedural requirements.
This bill would declare that it furthers the purposes of the act.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 89506 of the Government Code is amended to
read:
89506. (a) Payments, advances, or reimbursements for travel,
including actual transportation and related lodging and subsistence
that is reasonably related to a legislative or governmental purpose,
or to an issue of state, national, or international public policy,
are not prohibited or limited by this chapter if either of the
following applies:
(1) The travel is in connection with a speech given by the elected
state officer, local elected officeholder, candidate for elective
state office or local elective office, an individual specified in
Section 87200, member of a state board or commission, or designated
employee of a state or local government agency, the lodging and
subsistence expenses are limited to the day immediately preceding,
the day of, and the day immediately following the speech, and the
travel is within the United States.
(2) The travel is provided by a government, a governmental agency,
a foreign government, a governmental authority, a bona fide public
or private educational institution, as defined in Section 203 of the
Revenue and Taxation Code, a nonprofit organization that is exempt
from taxation under Section 501(c)(3) of the Internal Revenue Code,
or by a person domiciled outside the United States who substantially
satisfies the requirements for tax-exempt status under Section 501(c)
(3) of the Internal Revenue Code.
(b) Gifts of travel not described in subdivision (a) are subject
to the limits in Section 89503.
(c) Subdivision (a) applies only to travel that is reported on the
recipient's statement of economic interests.
(d) For purposes of this section, a gift of travel does not
include any of the following:
(1) Travel that is paid for from campaign funds, as permitted by
Article 4 (commencing with Section 89510), or that is a contribution.
(2) Travel that is provided by the agency of a local elected
officeholder, an elected state officer, member of a state board or
commission, an individual specified in Section 87200, or a designated
employee.
(3) Travel that is reasonably necessary in connection with a bona
fide business, trade, or profession and that satisfies the criteria
for federal income tax deduction for business expenses in Sections
162 and 274 of the Internal Revenue Code, unless the sole or
predominant activity of the business, trade, or profession is making
speeches.
(4) Travel that is excluded from the definition of a gift by any
other provision of this title.
(e) This section does not apply to payments, advances, or
reimbursements for travel and related lodging and subsistence
permitted or limited by Section 170.9 of the Code of Civil Procedure.
(f) (1) A nonprofit organization that regularly organizes and
hosts travel for elected officials and that makes payments, advances,
or reimbursements that total more than ten thousand dollars
($10,000) in a calendar year, or that total more than five thousand
dollars ($5,000) in a calendar year for a single person, for travel
by an elected state officer or local elected officeholder as
described in subdivision (a) shall disclose to the Commission the
names of donors who did both of the following in the preceding year:
(A) Donated one thousand dollars ($1,000) or more to the nonprofit
organization.
(B) Accompanied an elected state officer or local elected
officeholder, either personally or through an agent, employee, or
representative, for any portion of travel described in subdivision
(a).
(2) For purposes of this subdivision, an organization "regularly
organizes and hosts travel for elected officials" if the sum of the
organization's expenses that relate to any of the following types of
activities with regard to elected officials was greater than
one-third of its total expenses reflected on the organization's
Internal Revenue Service Form 990, or the equivalent, filed most
recently within the last 12 months:
(A) Travel.
(B) Study tours.
(C) Conferences, conventions, and meetings.
(3) This subdivision does not preclude a finding that a nonprofit
organization is acting as an intermediary or agent of the donor. If
the nonprofit organization is acting as an intermediary or agent of
the donor, all of the following apply:
(A) The donor to the nonprofit organization is the source of the
gift.
(B) The donor shall be identified as a financial interest under
Section 87103.
(C) The gift shall be reported as required by Section 87207.
(D) The gift shall be subject to the limitations on gifts
specified in Section 89503.
(4) For purposes of this subdivision, a nonprofit organization
includes an organization that is exempt from taxation under Section
501(c)(3) or Section 501(c)(4) of the Internal Revenue Code.
(g) Notwithstanding any other provision of in this section, a
nonprofit organization that is exempt from taxation under Section 501
(c)(3) of the Internal Revenue Code shall not provide to a Member of
the Legislature, and a Member of the Legislature shall not accept,
any payments, advances, or reimbursements for travel, including
actual transportation and related lodging and subsistence.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
SEC. 3. The Legislature finds and declares that this bill furthers
the purposes of the Political Reform Act of 1974 within the meaning
of subdivision (a) of Section 81012 of the Government Code.
