Bill Text: CA AB909 | 2019-2020 | Regular Session | Introduced

California Assembly Bill 909 (Prior Session Legislation)

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

Bill Title: Political Reform Act of 1974: statements of acknowledgment.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2019-09-20 - Chaptered by Secretary of State - Chapter 313, Statutes of 2019. [AB909 Detail]

Download: California-2019-AB909-Introduced.html

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 909

Introduced by Assembly Member Gallagher

February 20, 2019

An act to add Section 84103.5 of the Government Code, relating to the Political Reform Act of 1974.

LEGISLATIVE COUNSEL'S DIGEST

AB 909, as introduced, Gallagher. Political Reform Act of 1974: statements of acknowledgment.

The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures, as defined, and imposing other reporting and recordkeeping requirements on campaign committees, as defined. The act requires every committee to have a treasurer.

The act requires certain committees to file a statement of organization that includes, among other information, the full name, street address, email address, and telephone number of the treasurer. An existing regulation adopted by the Fair Political Practices Commission permits these committees to designate one assistant treasurer on the statement of organization.

This bill would require a treasurer or assistant treasurer identified on the statement of organization to sign a separate statement acknowledging that, by serving as a treasurer or assistant treasurer, the person must comply with duties imposed by the act and existing regulations adopted by the Commission and that a violation of these duties could result in criminal, civil, or administrative penalties. The bill would require that the statement of acknowledgment be filed with the Secretary of State at the same time as the statement of organization or an amendment identifying a new treasurer or assistant treasurer.

A violation of the act is punishable as a misdemeanor. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a ²/₃ vote of each house of the Legislature 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 Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Section 84103.5 is added to the Government Code, to read:

84103.5.

(a) Any person identified as a treasurer or assistant treasurer on a statement of organization, or an amendment filed pursuant to Section 84103, shall sign a separate statement acknowledging the following:

(1) By serving as a treasurer or assistant treasurer, the person must comply with all applicable duties stated in this title and the regulations of the Commission.

(2) A violation of these duties could result in criminal, civil, or administrative penalties.

(b) The statement of acknowledgment shall be filed with the Secretary of State at the same time as the statement of organization or an amendment filed pursuant to Section 84103 that identifies a new treasurer or assistant treasurer.

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.