Bill Text: CA AB481 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Political Reform Act of 1974: campaign disclosure.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-24 - Chaptered by Secretary of State - Chapter 496, Statutes of 2012. [AB481 Detail]

Download: California-2011-AB481-Amended.html

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BILL NUMBER: AB 481	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 25, 2012
	AMENDED IN ASSEMBLY  APRIL 5, 2011

INTRODUCED BY   Assembly Member Gordon
    (   Coauthor:  
Assembly Member   Hueso   )


                        FEBRUARY 15, 2011

   An act to amend  Section 101 of, and to add Sections
101.5, 101.6, 336.7, and 357.5 to   Sections 82036,
82036.5, 84102, 84104, 84204, 84213, and 84506 of, and to amend,
renumber, and add Section 82047.6 of  , the  Elections
  Government  Code, relating to  elections
  the Political Reform Act of 1974  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 481, as amended, Gordon.  Petitions: signature
gatherers.   Political Reform Act of 1974: campaign
disclosure.  
   Existing law, the Political Reform Act of 1974, provides for the
comprehensive regulation of campaign financing, including requiring
the reporting of campaign contributions and expenditures and imposing
other reporting and recordkeeping requirements on campaign
committees.  
   This bill would require each campaign committee to identify its
principal officer or officers, as defined, and would require each
principal officer to maintain the committee's accounts and records.
In addition, the bill would require a committee's principal officer,
in the event the committee files a statement or report disclosing an
independent expenditure, to sign a verification verifying that the
independent expenditure has not been reimbursed or coordinated with
the candidate or the proponent of the state measure that is the
subject of the expenditure.  
   The Political Reform Act of 1974 defines "late contribution" and
"late independent expenditure" as any contribution or independent
expenditure totaling in the aggregate $1,000 or more that is made for
or against any specific candidate, committee, or measure involved in
an election that is made or received before the date of the election
but after the closing date of the last campaign statement required
to be filed prior to the election.  
   This bill would instead define "late contribution" and "late
independent expenditure" to mean a contribution or independent
expenditure made within 90 days before the date of the election at
which the candidate or measure is to be voted on. In addition, this
bill would require that a report of a late independent expenditure
also disclose the cumulative total the committee has expended for
independent expenditures relating to the candidate or measure. 

   The Political Reform Act of 1974 requires that broadcast and mass
mailing advertisements supporting or opposing candidates or ballot
measures include disclosure statements that reflect specified
information.  
   This bill would require any advertisement supporting or opposing
candidates or ballot measures to include such disclosure statements.
 
   Existing law makes a knowing or willful violation of the Political
Reform Act of 1974 a misdemeanor and subjects offenders to criminal
penalties. 
   This bill would impose a state-mandated local program by creating
additional crimes.  
   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.
 
   Under existing law, an initiative petition must contain specified
language advising the public of its right to ask whether the person
circulating the petition is a paid signature gatherer or a volunteer.
 
   This bill instead would require an initiative, referendum, or
recall petition to reflect, in specified language, whether it is
being circulated by a paid circulator or by a volunteer. 

   This bill would also require an individual who circulates an
initiative, referendum, or recall petition to wear a badge stating,
in no smaller than 30-point type, that he or she is either a "paid"
signature gatherer or "volunteer" signature gatherer. The bill would
require the individual circulating the initiative, referendum, or
recall petition to wear the badge on his or her chest in clear view
of all individuals signing or asked to sign the petition. 

   This bill would also define the terms "paid circulator," "paid
signature gatherer," "volunteer," and "volunteer signature gatherer"
for these purposes. 
   Vote:  majority   2/3  . 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.    Section 82036 of the  
Government Code   is amended to read: 
   82036.  "Late contribution" means any of the following:
   (a)  Any   A  contribution, including a
loan, that totals in the aggregate one thousand dollars ($1,000) or
more and is made to or received by a candidate, a controlled
committee, or a committee formed or existing primarily to support or
oppose a candidate or measure  within 90 days  before the
date of the election at which the candidate or measure is to be voted
on  but after the closing date of the last campaign
statement required to be filed before 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.
   (b)  Any   A  contribution, including a
loan, that totals in the aggregate one thousand dollars ($1,000) or
more and is made to or received by a political party committee, as
defined in Section 85205,  within 90 days  before the date
of  any   a  state election  but
after the closing date of the last campaign statement required to be
filed before the election  .
   SEC. 2.    Section 82036.5 of the  
Government Code   is amended to read: 
   82036.5.  "Late independent expenditure" means  any
  an  independent expenditure that totals in the
aggregate one thousand dollars ($1,000) or more and is made for or
against  any   a  specific candidate or
measure involved in an election  within 90 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. 3.    Section 82047.6 of the  
Government Code   is amended and renumbered to read: 
    82047.6.   82047.7   "Proponent of a
state ballot measure" means "proponent" as defined in Section 9002 of
the Elections Code.
   SEC. 4.   Section 82047.6 is added to the  
Government Code   , to read:  
   82047.6.  (a) "Principal officer" means the individual primarily
responsible for approving the political activities of a committee,
including, but not limited to, the following activities:
   (1) Authorizing the content of communications made by the
committee.
   (2) Authorizing expenditures, including contributions, on behalf
of the committee.
   (3) Determining the committee's campaign strategy.
   (b) If two or more individuals share the primary responsibility
for approving the political activities of a committee, each
individual is a principal officer. 
   SEC. 5.    Section 84102 of the   Government
Code   is amended to read: 
   84102.  The statement of organization required by Section 84101
shall include  all of the following  :
   (a) The name, street address, and telephone number, if any, of the
committee. In the case of a sponsored committee, the name of the
committee shall include the name of its sponsor. Whenever a committee
has more than one sponsor, and the sponsors are members of an
industry or other identifiable group, a term identifying that
industry or group shall be included in the name of the committee.
   (b) In the case of a sponsored committee, the name, street
address, and telephone number of each sponsor.
   (c) The full name, street address, and telephone number, if any,
of the treasurer and  any  other principal officers.  A
committee with more than one principal officer shall identify its
principal officers as follows:  
   (1) A committee with three or fewer principal officers shall
identify all principal officers.  
   (2) A committee with more than three principal officers shall
identify no fewer than three principal officers.  
   If no individual other than the treasurer is a principal officer,
the treasurer shall be identified as both the treasurer and the
principal officer. 
   (d) The full name and office sought by any candidate  , 
and the title and ballot number, if any, of any measure, 
which   that  the committee supports or opposes as
its primary activity. A committee  which   that
 does not support or oppose one or more candidates or ballot
measures as its primary activity shall provide a brief description of
its political activities, including whether it supports or opposes
candidates or measures and whether such candidates or measures have
common characteristics  ,  such as a political party
affiliation.
   (e) A statement whether the committee is independent or controlled
 ,  and ,  if it is controlled, the name
of each candidate  ,  or state measure proponent by
which it is controlled, or the name of any controlled committee with
which it acts jointly. If a committee is controlled by a candidate
for partisan office, the controlled committee shall indicate the
political party, if any, with which the candidate is affiliated.
   (f) For a committee  controlled by a candidate for his or
her election   that is a committee by virtue of
subdivision (a) or (b) of Section 82013  , the name and address
of the financial institution where the committee has established an
account and the account number.
   (g) Such other information as shall be required by the rules or
regulations of the  commission   Commission
 consistent with the purposes and provisions of this chapter.
   SEC. 6.    Section 84104 of the   Government
Code   is amended to read: 
   84104.  It shall be the duty of each candidate, treasurer, 
principal officer,  and elected officer to maintain detailed
accounts, records, bills, and receipts necessary to prepare campaign
statements, to establish that campaign statements were properly
filed, and to otherwise comply with the provisions of this chapter.
The detailed accounts, records, bills, and receipts shall be retained
by the filer for a period specified by the  commission
  Commission  . However, the  commission
  Commission  shall not require retention of
records for a period longer than the statute of limitations specified
in Section 91000.5 or two years after the adoption of an audit
report pursuant to Chapter 10 (commencing with Section 90000),
whichever is less.
   SEC. 7.    Section 84204 of the   Government
Code   is amended to read: 
   84204.  (a) A committee that makes a late independent expenditure,
as defined in Section 82036.5, shall report the late independent
expenditure by facsimile transmission, guaranteed overnight delivery,
or personal delivery within 24 hours of the time it is made. If a
late independent 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. A late independent
expenditure shall be reported on subsequent campaign statements
without regard to reports filed pursuant to this section.
   (b) A committee that makes a late independent expenditure shall
report its full name and street address, as well as the name, office,
and district of the candidate if the report is related to a
candidate, or if the report is related to a measure, the number or
letter of the measure, the jurisdiction in which the measure is to be
voted upon, and the amount and the date, as well as a description of
goods or services for which the late independent expenditure was
made  , and the cumulative total the committee has expended for
independent expenditures relating to the candidate or measure  .
In addition to the information required by this subdivision, a
committee that makes a late independent expenditure shall include
with its late independent expenditure report the information required
by paragraphs (1) to (5), inclusive, of subdivision (f) of Section
84211, covering the period from the day after the closing date of the
last campaign report filed to the date of the late independent
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 late independent expenditure. No information required by
paragraphs (1) to (5), inclusive, of subdivision (f) of Section 84211
that is required to be reported with a late independent expenditure
report by this subdivision is required to be reported on more than
one late independent expenditure report.
   (c) A committee that makes a late independent expenditure shall
file a late independent expenditure report in the places where it
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 for or against which it is making the late
independent expenditure.
   (d) A report filed pursuant to this section shall be in addition
to any other campaign statement required to be filed by this article.

   (e) Expenditures that have been disclosed by candidates and
committees pursuant to Section 85500 are not required to be disclosed
pursuant to this section.
   SEC. 8.    Section 84213 of the   Government
Code   is amended to read: 
   84213.   (a)   A candidate and state measure
proponent shall verify his or her campaign statement and the campaign
statement of each committee subject to his or her control. The
verification shall be in accordance with the provisions of Section
81004 except that it shall state that to the best of his or her
knowledge the treasurer of each controlled committee used all
reasonable diligence in the preparation of the committee's statement.
This section does not relieve the treasurer of any committee from
the obligation to verify each campaign statement filed by the
committee pursuant to Section 81004. 
   (b) If a committee is required to file a campaign statement or
report disclosing an independent expenditure pursuant to this title,
a principal officer of the committee or, in the case of a controlled
committee, the candidate or state measure proponent who controls the
committee shall sign a verification on the campaign statement or
report that reads as follows:  
   I have not received any unreported money or reimbursement to make
these independent expenditures. I have not coordinated any
expenditure made during this reporting period with the candidate who
is the subject of the expenditure, with the proponent of the state
measure that is the subject of the expenditure, or with the agents of
the candidate or state measure proponent. 
   SEC. 9.    Section 84506 of the   Government
Code   is amended to read: 
   84506.  (a)  A broadcast or mass mailing   An
 advertisement supporting or opposing a candidate or ballot
measure, that is paid for by an independent expenditure, shall
include a disclosure statement that identifies both of the following:

   (1) The name of the committee making the independent expenditure.
   (2) The names of the persons from whom the committee making the
independent expenditure has received its two highest cumulative
contributions of fifty thousand dollars ($50,000) or more during the
12-month period prior to the expenditure. If the committee can show,
on the basis that contributions are spent in the order they are
received, that contributions received from the two highest
contributors have been used for expenditures unrelated to the
candidate or ballot measure featured in the communication, the
committee shall disclose the contributors making the next largest
cumulative contributions of fifty thousand dollars ($50,000) or more.

   (b) If an acronym is used to identify any committee names required
by this section, the names of any sponsoring organization of the
committee shall be printed on print advertisements or spoken in
broadcast advertisements.
   SEC. 10.    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. 11.    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.  
       
  SECTION 1.    Section 101 of the Elections Code is
amended to read:
   101.  Notwithstanding any other provision of law, any state or
local initiative, referendum, or recall petition required to be
signed by voters shall contain in 12-point type, prior to that
portion of the petition for voters' signatures, printed names, and
residence addresses, the following language:

   (a) If the petition is circulated by a paid circulator, the phrase
"PAID CIRCULATOR" shall appear in 24-point type above the following
language which shall appear in 12-point type:



   "NOTICE TO THE PUBLIC


THIS PETITION IS BEING CIRCULATED BY A PERSON WHO IS BEING PAID TO
COLLECT SIGNATURES."



   (b) If the petition is being circulated by a volunteer, the phrase
"VOLUNTEER CIRCULATOR" shall appear in 24-point type above the
following language which shall appear in 12-point type:



   "NOTICE TO THE PUBLIC


   THIS PETITION IS BEING CIRCULATED BY A VOLUNTEER."

 
  SEC. 2.    Section 101.5 is added to the Elections
Code, to read:
   101.5.  (a) An individual who receives compensation to circulate
an initiative, referendum, or recall petition shall identify himself
or herself as a paid signature gatherer by wearing a badge stating
"PAID SIGNATURE GATHERER."
   (b) The individual circulating an initiative, referendum, or
recall petition shall wear the badge required by subdivision (a) on
his or her chest in clear view of all individuals signing or asked to
sign the petition.
   (c) The print on the badge shall be no smaller than 30-point type.
 
  SEC. 3.    Section 101.6 is added to the Elections
Code, to read:
   101.6.  (a) An individual who does not receive compensation to
circulate an initiative, referendum, or recall petition shall
identify himself or herself as a volunteer signature gatherer by
wearing a badge stating: "VOLUNTEER SIGNATURE GATHERER."
   (b) The individual circulating and initiative, referendum, or
recall petition shall wear the badge required by subdivision (a) on
his or her chest in clear view of all individuals signing or asked to
sign the petition.
   (c) The print on the badge shall be no smaller than 30-point type.
 
  SEC. 4.    Section 336.7 is added to the Elections
Code, to read:
   336.7.  "Paid circulator" or "paid signature gatherer," for the
purpose of circulating an initiative, referendum, or recall petition,
means any person who is compensated in any manner for collecting
petition signatures to qualify a state or local initiative,
referendum, or recall measure.  
  SEC. 5.    Section 357.5 is added to the Elections
Code, to read:
   357.5.  "Volunteer" or "volunteer signature gatherer," for the
purpose of circulating an initiative, referendum, or recall petition,
means a person who is not a paid circulator.